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HomeMy WebLinkAbout08-11-2025 - Agenda Packet City Council - regular meetingAgenda City Council Meeting Monday, August 11, 2025, 6:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov Roll Call Pledge of Allegiance Housing and Redevelopment Authority HRA Annual Meeting Approval of Agenda Consent Agenda These items are considered routine and will be enacted by one motion with no discussion unless a council member or staff requests and the item will be removed from the consent agenda for separate discussion and action. 1. City Council Minutes 2. Claims/Bills 3. Annual Appointments - Resolution 7603 4. Fireworks Display, SEP25-000008 - August 20 5. Contract - School Resource Officer - Westonka School District 6. Resignation of Part -Time Firefighter 7. Hire Part -Time Firefighters 8. Alcohol Sales - Compliance Review 9. Request for Proposals - Health Insurance 10. Request for Proposals - Recycling Collection 11. LA25-000016, 2545 Dunwoody Avenue, Conditional Use Permit - Resolution 7605 12. LA25-000023, 1390 Rest Point Road, Variances - Resolution 7606 13. LA24-000069, 2300 6th Avenue N, Green Haven Farm, Final Plat - Resolution 7604 14. LA25-000026, 1080 Ferndale Rd West, Variances - Resolution 7607 15. Donation for Park Signs - Resolution 7602 Presentations 16. Gillespie Center Update Public Comments - (limit 3 minutes per person) This is an opportunityfor 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. Speakers should be mindful of time and limit their remarks to three (3) minutes to allow sufficient opportunityfor others to speak. We encourage speakers to address their comments to the mayor and council and to keep their remarks respectful and relevant. Please no personal attacks. Criticism of ideas is acceptable, but attacks against individuals are not tolerated. Please make your statements in a civil manner. Similarly, we ask everyone in the audience to be respectful of speakers and refrain from disruptive behavior, such as shouting, heckling, or making excessive noise. Community Development Report 17. LA25-000025, 1530 Orchard Beach Place, Variance Finance Report Sign up for email notifications at oronomn.gov 18. Request for Proposals - Professional Auditing Services Attorney Report City Administrator/Engineer Report 19. Work Session and Council Training Schedule Council Committee Reports Mayor/Council Report Closed Session 20. Annual Performance Review of the City Administrator Adjournment Upcoming Events Aug 18 Planning Commission Aug 25 City Council Sept 01 Office Closed - Holiday Sept 08 City Council Sept 15 Planning Commission Sept 20 Fall Clean-up Day Sept 22 City Council Sign up for email notifications at oronomn.gov K AGENDA ITEM Date: August 11, 2025 Title: HRA Annual Meeting Presenter: Maggie Jin, Finance Director Section: Housing and Redevelopment Authority Purpose: To hold the annual meeting of the Housing and Redevelopment Authority (HRA). Item: 2. Background: The Bylaws of the Housing and Redevelopment Authority (HRA) provide for a meeting to be held annually. Due to staff turnover, the 2024 annual meeting was not held. 3. Staff Recommendation: Staff recommends holding the annual HRA meeting to follow the agenda attached. COUNCIL ACTION REQUESTED Motion to hold the annual HRA meeting. Exhibits 08-11-2025 HRA Agenda Item 1 - HRA Meeting Minutes Item 2 - HRA Officer Election 3 Agenda Annual HRA Meeting Monday, August 11, 2025, 6:00 PM Orono Council Chambers 12780 Kelley Parkway, Orono, Minnesota 55356 952-249-4600 1 www.orononm.gov Roll Call Approval of Agenda Approval of Minutes 1. HRA Meeting of March 13, 2023 Bills and Communication Election of Officers 2. Election of Officers Reports of Committees Unfinished Business New Business Adjournment 4 AGENDA ITEM Date: August 11, 2025 Title: HRA Meeting Minutes Presenter: Maggie Jin, Secretary Section: HRA Meeting 1. Purpose: The purpose of this item is to approve the March 13, 2023 HRA meeting minutes. 2. Staff Recommendation: Staff recommends approval of the March 13, 2023 HRA meeting minutes. COUNCIL ACTION REQUESTED Approve the March 13, 2023 HRA meeting minutes. Exhibits A. 03-13-2023 HRA Meeting Minutes Item: 1 Minutes ORONO HRA MEETING Monday, March 13, 2023, 6:00 PM Orono Council Chambers 12780 Kelley Parkway, Orono, Minnesota 55356 ROLL CALL The Orono HRA met on the above -mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Matt Johnson, Alisa Benson, and Victoria Seals. City Council Members Richard Crosby, III was absent. Representing Staff were City Administrator/Engineer Adam Edwards Interim, Community Development Director Laura Oakden, Finance Director Ron Olson, and City Attorney Soren Mattick. Mayor Walsh called the meeting to order at 6:00 p.m. APPROVAL OF AGENDA 1. APPROVAL OF HRA MEETING MINUTES OF MARCH 13, 2023 Walsh moved, Johnson seconded, to approve the minutes of the HRA meeting of March 13, 2023, as submitted. VOTE: Ayes 4, Nays 0. BILLS AND COMMUNICATIONS None. 2. ELECTION OF OFFICERS Walsh moved, Johnson seconded, to elect Mayor Dennis Walsh as HRA Chair, Victoria Seals as HRA vice -chair, and Ron Olson as HRA Secretary. VOTE: Ayes 4, Nays 0. REPORTS OF COMMITTEES None. UNFINISHED BUSINESS None. NEW BUSINESS None. ADJOURNMENT Walsh moved, Seals seconded, to adjourn the Orono HRA meeting at 6:02 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Christine Lusian, City Clerk Bob Tunheim, HRA Chair Page 1 of 1 AGENDA ITEM Date: August 11, 2025 Title: Election of Officers Presenter: Maggie Jin, Secretary Section: HRA Meeting Item: 2 1. Purpose: To elect the HRA Officers. 2. Background: The Bylaws of the Housing and Redevelopment Authority (HRA) provide for a meeting to be held annually at which time the officers are elected. Article II of the bylaws of the HRA identify the five members of the City Council as Commissioners and designate the City's Finance Director, as the Secretary and non -voting member of the HRA. Historically the Mayor and Acting -Mayor have filled the positions of Chair and Vice -Chair. If the Council wishes to continue this practice, The 2025 officers would be: The recommended officers are: a) Chair — Bob Tunheim b) Vice -Chair — Alisa Benson c) Secretary — Maggie Jin The HRA bylaws are attached for reference. The bylaws were last amended February of 2019. 3. Staff Recommendation: Staff recommends making a motion to elect officers for the HRA. COUNCIL ACTION REQUESTED Motion to elect the officers of the HRA as presented. Exhibits A. HRA Bylaws 7 BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF MINNESOTA ARTICLE I — THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Housing and Redevelopment Authority of Orono, Minnesota". Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The offices of the Authority shall be at City offices of the City of Orono, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE II — COMMISSIONERS Section 1. The five members of the Orono City Council shall serve as Commissioners of the HRA pursuant to the Resolution of City Council Resolution 2998, passed on July 22, 1991 and amended on August 12, 1991. Pursuant to the same resolution a Commissioner's term of office shall be concurrent with their term as City Council members. A successor Council member shall succeed to a term as Commissioner upon taking the oath of office as a Council member. ARTICLE III — OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairman, a Vice -Chairman, and a Secretary. Section 2. Chairman. The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds and other instruments made by the Authority. At each meeting the Chairman -1- 8 shall submit such recommendations and information as he/she may consider proper concerning the business, affairs and policies of the Authority. Section 3. Vice -Chairman. The Vice -Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman; and in case of the resignation or death of the Chairman, the Vice -Chairman shall perform such duties as are imposed on the Chairman until such time as the Authority shall select a new Chairman. Section 4. Secretary. The City Finance Director shall serve as the Secretary, who shall be a non -voting member, and shall perform the duties of a Secretary for the Authority. (amended May 29, 2007) The Secretary shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Authority. All such orders and checks shall be counter -signed by the Chairman except as otherwise authorized by resolution of the Authority. Section 5. Executive Director. The Authority may employ an Executive Director or Consultant who may have general supervision over the administration of its business and affairs, subject to the direction of the Authority. He/she may be charged with the management of the housing projects of the Authority. As assistant to the Secretary, the Executive Director or Consultant in his/her own name and title shall keep the records of the Authority, shall act as Secretary of the meeting of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purposes, and shall perform all duties incident to his/her office. He/she shall keep in safe custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. Under the direction of the Secretary, the Executive Director shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or -2- 9 banks as the Authority may select. He/she shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or oftener when requested), an account of his/her transactions and also of the financial condition of the Authority. He/she shall give such bond for the faithful performance of his/her duties as the Authority may determine. The compensation of the Executive Director shall be determined by the Authority. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority of the bylaws or rules and regulations of the Authority. Section 7. Election or Appointments. The first Chairman shall, pursuant to his/her appointment, serve in the capacity of Chairman until continuation or expiration of his/her term of office as Commissioner. The Vice -Chairman, Secretary, and except in the case of the first Chairman, the Chairman shall be elected at the annual meeting of the Authority from order of the Commissioner of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Executive Director shall be appointed by the Authority. Any person approved to fill the office of Executive Director, or vacancy therein, shall have terms as the Authority fixes, but no Commissioner of the Authority shall be eligible to this office. Section 8. Vacancies. Should the office of Chairman, Vice -Chairman, or Secretary become vacant the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of that office. When the office of Executive Director becomes vacant, the Authority shall appoint a successor, as aforesaid. Section 9. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the -3- 10 Municipal Housing and Redevelopment Laws of Minnesota applicable thereto. The selection and compensation of such personnel (including the Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. ARTICLE IV — MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the second Monday in January, 1992 at 8:00 o'clock P.M. at the regular meeting place of the Authority. All future annual meetings will be held in February at the regular place of the Authority. Section 2. Regular Meeting. Regular meetings, to the extent they are held, shall be held at a convenient time with proper notification. (amended May 29, 2007) Section 3. Special Meetings. Special meetings of the Authority may be called by the Chairman, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two (2) days prior to the date of such special meeting. All appropriate news media offices must be contacted two (2) days prior to the call of a special meeting. At such special meeting no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted as such special meeting. Section 4. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in 11 attendance, action may be taken by the Authority upon a vote of a majority of the Commissioners present. Section 5. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Roll Call 2. Reading and approval of the minutes of the previous meeting 3. Bills and communication 4. Report of the Secretary/Executive Director 5. Reports of Committees 6. Unfinished business 7. New business 8. Adjournment All resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Section 6. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting. ARTICLE V — INDEMNIFICATION Section 1. Indemnification. The HRA shall be authorized to the fullest extent permitted by law to indemnify any person against expenses and liabilities arising by reason of the fact that the person is or was a Commissioner, officer, employee, or agent of the HRA. Section 2. Insurance. The HRA may purchase and maintain insurance `on behalf of any indemnified person in that person's official capacity against any liability asserted against that person and incurred by that person in such capacity whether or not the HRA would have been required to indemnify the person against the liability under Section 1 hereof. -5- iV ARTICLE VI — AMENDMENTS Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least three (3) of the members of the Authority at a regular or a special meeting. -6- 13 AGENDA ITEM Date: August 11, 2025 Title: City Council Minutes Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this item is to approve the City Council meeting minutes. 2. Staff Recommendation: Approve the City Council work session and regular meeting minutes. COUNCIL ACTION REQUESTED Approve the City Council work session and regular meeting minutes. Exhibits A. 07-28-2025 CC Minutes - work session B. 07-28-2025 CC Minutes Item: 1 14 Minutes City Council Work Session Monday, July 28, 2025, 4:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 ROLL CALL City Council members present: Mayor Bob Tunheim, City Council Members Jacqueline Ricks, Jon Schwingler, Steve Persian (5:15). Absent: Alisa Benson. Staff present: City Administrator Adam Edwards, Police Chief Correy Farniok, Interim Fire Chief Shea Chwialkowski, Community Development Director Laura Oakden, Public Works Superintendent DJ Goman, Parks/Facilities Superintendent Joe Ruthenberg, Finance Director Maggie Jin, Accountant Anne Hentges, City Clerk Christine Lusian. GENERAL FUND, TAX LEVY, INTERNAL SERVICE FUNDS Staff provided a preliminary update on the general fund, tax levy, and internal service fund budgets. The process is about one-third complete. At this point, the tax rate is estimated at 16.797%, representing a small increase from 2025. For the median -value home in Orono ($1.11 million), this would mean about $14 more per month. The group expressed interest in keeping the tax rate as stable as possible, while recognizing rising costs associated with priorities like community engagement, technology, and tree removal. Key cost drivers include inflation, health insurance changes, new family medical leave law requirements, maintenance of streets and trees, and union employee compensation packages (currently in negotiation). Departments are planning for initiatives such as enhanced police staffing and software, an updated comprehensive 10-year plan, increased tree care and park maintenance, and the administration of two elections. Staff will continue refining the budget and present an updated proposal at the September 8 work session for further discussion. ADJOURNMENT Work session ended at 5:48 p.m. ATTEST: CITY COUNCIL Christine Lusian, City Clerk Bob Tunheim, Mayor 15 Minutes City Council Regular Meeting Monday, July 28, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Mayor Tunheim called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Bob Tunheim, City Council Members Steve Persian, Jacqueline Ricks, and Jon Schwingler. Members absent: Alisa Benson Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Maggie Jin, Community Development Director Laura Oakden, and Parks Superintendent Joe Ruthenberg. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA The agenda was approved by consensus. CONSENT AGENDA 1. City Council Minutes 2. Claims/Bills 3. Accepted Donation from the Minnetonka Beach Civic Association - Resolution 7598 4. Donation to Big Island Park - Resolution 7599 5. Hire Seasonal Employee 6. Appoint Interim Deputy Fire Chief 7. Summary Ordinance Publications, Ordinance 314 & 315 8. LA25-000028, City Code Recodification, Ordinance 312 9. Upcoming Work Session/Council Training Schedule Ricks moved, Persian seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PRESENTATIONS 10. Acceptance of CenterPoint Energy Community Safety Grant Award - Resolution 7600 Roger Smith of CenterPoint Energy presented a Community Safety Grant for $2,500. Persian moved, Ricks seconded, to adopt Resolution 7600 accepting the CenterPoint Energy Community Safety Grant. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS There were no public comments. COMMUNITY DEVELOPMENT REPORT 11. LA25-000029, City of Orono, Comprehensive Plan Amendment #8, Resolution7601 Page 1 of 3 16 Minutes City Council Regular Meeting Monday, July 28, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the resolution amending the Comprehensive Plan to clarify a discrepancy. Ricks moved, Persian seconded, to adopt Resolution 7601 for LA25- 000029 approving Comprehensive Plan Amendment #8. VOTE: Ayes 4, Nays 0. IWIeElelyDo11119000 1117: ' 1 ']DIY 12. 2025 Expenditure Budget Overage The City Council is requested to review the Staff report, receive a presentation, and discuss and approve the 2025 Expenditure Budget overages in the areas of tree service, fleet vehicles, fire equipment, data processing, office equipment rental, and software licensing, totaling an overage of $181,000, with $50,000 of that in the general fund. Some are a result of moving line items within the budget. Some are the result of moving expenditures within the budget, and others may be offset by underspending in different areas, so the final amount is likely to be less, according to Finance Director Jin. The Council discussed the item and asked questions of staff. Persian moved, Ricks seconded, to approve the overages as proposed. VOTE: Ayes 4, Nays 0. PARKSREPORT 13. Purchase Park Signs The City Council is requested to review the Staff report, receive a presentation, and discuss and approve the purchase of park signs. Parks Superintendent Ruthenberg explained $25,000 had been budgeted for six signs. The City can complete the project with 11 new signs for $27,995. The Council discussed the item and asked questions of staff. Ricks moved, Persian seconded, to purchase 11 new park signs. VOTE: Ayes 4, Nays 0. Claire Berrett, 1085 Brown Road South, president of the board of directors of the Orono Garden Club, thanked the City Council for approving 11 signs and indicated the Club wanted to donate the cost of the signs that exceeded the budgeted amount. Ricks moved, Schwingler seconded, to accept the donation of the Orono Garden Club for the purchase of park signs. VOTE: Ayes 4, Nays 0. CITY ATTORNEY REPORT None. CITY ADMINISTRATOR/ENGINEER REPORT Page 2 of 3 iIrA Minutes City Council Regular Meeting Monday, July 28, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 City Administrator/Engineer Edwards updated the Council on street and sewer improvement projects. COUNCIL COMMITTEE REPORTS 14. Council Committee and Board Reports Ricks reported on the police commission meeting and the topics of addressing e-bikes and Night to Unite on Aug. 5. Persian reported on progress working out the Fire Department Joint Powers Agreement with the City of Long Lake. MAYOR/COUNCIL REPORT Mayor and Council provided reports. FI 1111111 ko-Wlu I OWN N Persian moved, Ricks seconded, to adjourn the meeting at 6:30 p.m. to Monday, August 11, 2025, at 6:00 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor Minutes approved by Orono City Council August 11, 2025. Meeting videos and transcripts available at oronomn.gov. Page 3 of 3 18 AGENDA ITEM Date: August 11, 2025 Title: Claims/Bills Presenter: Kellie Hoen, Administrative Assistant Section: Consent Agenda Item: 2 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 126512 to 126588, and ACH transactions 20130721 to 20130727 totaling $299,126.21. 3. Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register 2025-08-06 19 City of Orono Check Register- COUNCIL REPORT Page: 1 Check Issue Dates: 7/29/2025 - 8/11/2025 Aug 06, 2025 01:21 PM Check Check Invoice Invoice GLAccount Description Payee Issue Date Number Number ACROSS THE STREET PRODU 08/11/2025 126512 28283 101-42260-437 ONLINE BLUECARD TRAINING AND CE Total 126512: AHMED ADEEB OR NARIMAN S 08/11/2025 126513 UB REFUND 999-10015 UB REFUND - 3703 LIVINGSTON AVE-ADEEB/S Total 126513: ALLEN'S SERVICE 08/11/2025 126514 25-44581 701-49800-402 PD SQUAD TOWED Total 126514: AT&T MOBILTY 08/11/2025 126515 2873263283 701-49800-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 101-43100-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 602-49450-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 601-49400-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 101-41900-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 101-43000-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 613-49830-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 101-42110-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 101-42400-321 AT&T BILL 06/26/25-07/25/25 AT&T MOBILTY 08/11/2025 126515 2873263283 101-45200-321 AT&T BILL 06/26/25-07/25/25 Total 126515: BAYCOM, Inc. c/o OwnersEdge, 1 08/11/2025 126516 EQUIPINV_0 710-49970-575 BAYCOM/3 SQUAD COMPUTERS Total 126516: BCATRAINING 08/11/2025 126517 42052 101-42110-437 TRAINING/DMT/SCHULTZ Total 126517: BOB TUNHEIM 08/11/2025 126518 07.2025 B. T 101-41110-437 LMC ANNUAL CONFERENCE - TUNHEIM Total 126518: BOYER TRUCKS - ST MICHAEL 08/11/2025 126519 092P13745 701-49800-222 712 VEHICLE PARTS CREDIT BOYER TRUCKS - ST MICHAEL 08/11/2025 126519 093S9424 701-49800-402 428ALIGNMENT Department Invoice Amount Fire Protection Services 2,788.01 747.84 Fleet Services Fleet Services .11- 43.69 Brush Site 38.23 Sewer 120.75 Water 158.98 Central Services 241.08 Public Works Department 440.51 Golf Course 81.92 Police Department 76.46 Building & Zoning 163.84 Parks 38.23 IT Services 11,100.00 Police Department 75.00 Mayor & Council 683.36 Fleet Services .50- Fleet Services 110.00 20 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/29/2025 - 8/11/2025 Page: 2 Aug 06, 2025 01:21 PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126519: 109.50 BUSINESS ESSENTIALS 08/11/2025 126520 WO-1335924 101-41900-201 COPY PAPER Central Services 266.94 Total 126520: 266.94 CAPITOL BEVERAGE SALES L.P 08/11/2025 126521 3166604 613-49830-091 BEER Golf Course 206.10 CAPITOL BEVERAGE SALES L.P 08/11/2025 126521 3166604 613-49830-092 POP RESALE Golf Course 336.70 CAPITOL BEVERAGE SALES L.P 08/11/2025 126521 3169649 613-49830-092 POP Golf Course 249.99 CAPITOL BEVERAGE SALES L.P 08/11/2025 126521 3169649 613-49830-091 BEER Golf Course 72.00 Total 126521: 864.79 CARGILL INCORPORATED 08/11/2025 126522 2911262507 601-49400-216 NAVARRE WATER PLANT SALT Water 6,579.71 Total 126522: 6,579.71 CENTERPOINT ENERGY MAIN 08/11/2025 126523 07.2025 601-49400-381 GAS SERVICE 06/20/25-07/22/25 Water 659.56 CENTERPOINT ENERGY MAIN 08/11/2025 126523 07.2025 602-49450-381 GAS SERVICE 06/20/25-07/22/25 Sewer 678.40 CENTERPOINT ENERGY MAIN 08/11/2025 126523 07.2025 101-41900-381 GAS SERVICE 06/20/25-07/22/25 Central Services 225.90 CENTERPOINT ENERGY MAIN 08/11/2025 126523 07.2025 101-42110-381 GAS SERVICE 06/20/25-07/22/25 Police Department 84.63 CENTERPOINT ENERGY MAIN 08/11/2025 126523 07.2025 101-42260-381 GAS SERVICE 06/20/25-07/22/25 Fire Protection Services 124.69 CENTERPOINT ENERGY MAIN 08/11/2025 126523 07.2025 613-49830-381 GAS SERVICE 06/20/25-07/22/25 Golf Course 36.65 Total 126523: 1,809.83 CENTRAL PENSION FUND SOU 08/11/2025 126524 08.07.25 FU 101-21705 CENTRAL PENSION FUND 08.07.2025 2,238.00 Total 126524: 2,238.00 CITY OF BLOOMINGTON 08/11/2025 126525 25211 601-49400-489 WATER BACTI SAMPLES Water 42.00 Total 126525: 42.00 CITY OF LONG LAKE 08/11/2025 126526 20250014 101-42260-318 MAY 2025 JOINT DUTY CREW; LLFD REIMBURS Fire Protection Services 2,560.00 CITY OF LONG LAKE 08/11/2025 126526 20250025-1 101-42260-318 JUNE 2025 JOINT DUTY CREW; LLFD REIMBURS Fire Protection Services 2,980.00 Total 126526: 5,540.00 21 City of Orono Check Register- COUNCIL REPORT Page: 3 Check Issue Dates: 7/29/2025 - 8/11/2025 Aug 06, 2025 01:21 PM Payee Check Issue Date Check Number Invoice Number Invoice GLAccount City of Orono Utilities 08/11/2025 126527 07.2025 CH 101-41900-382 City of Orono Utilities 08/11/2025 126527 07.2025 CH 101-42110-382 City of Orono Utilities 08/11/2025 126527 07.2025 FIR 101-42260-382 City of Orono Utilities 08/11/2025 126527 07.2025 PO 101-41900-382 City of Orono Utilities 08/11/2025 126527 07.2025 PW 101-41900-382 City of Orono Utilities 08/11/2025 126527 07.2025 PW 602-49450-382 City of Orono Utilities 08/11/2025 126527 07.2025 PW 601-49400-382 City of Orono Utilities 08/11/2025 126527 07.2025 PW 651-49910-382 City of Orono Utilities 08/11/2025 126527 07.2025 WP 601-49400-382 Total 126527: CITY OF WAYZATA 08/11/2025 126528 07.2025 UTIL 602-49450-387 CITY OF WAYZATA 08/11/2025 126528 07.2025 UTIL 601-49400-387 Total 126528: DAHLHEIMER BEVERAGE MON 08/11/2025 126529 2529556 613-49830-094 DAHLHEIMER BEVERAGE MON 08/11/2025 126529 2529556 613-49830-091 DAHLHEIMER BEVERAGE MON 08/11/2025 126529 2529556 613-49830-093 DAHLHEIMER BEVERAGE MON 08/11/2025 126529 2535723 613-49830-094 DAHLHEIMER BEVERAGE MON 08/11/2025 126529 2535723 613-49830-091 Total 126529: DALCO 08/11/2025 126530 4407114 101-41900-223 Total 126530: DEAN THOMSON 08/11/2025 126531 LA24-000066 101-22205 Total 126531: DELANO CARQUEST 08/11/2025 126532 6829-327036 701-49800-222 DELANO CARQUEST 08/11/2025 126532 6829-327038 701-49800-222 Total 126532: ENDE SEPTIC SERVICE 08/11/2025 126533 5095071425 602-49450-406 Description Department Invoice Amount 07.2025 CH Central Services 249.72 07.2025 PD Police Department 249.72 07.2025 NORTH TEMP FIRE Fire Protection Services 115.60 07.2025 PO Central Services 89.53 07.2025 PW Central Services 131.80 07.2025 PW Sewer 131.80 07.2025 PW Water 131.80 07.2025 PW Storm Water 131.81 05.2025 WTP Water 162.74 1, sa,+az JULY 2025 SEWER Sewer 9,667.30 JULY 2025 WATER Water 4,621.28 14,288.58 WATER Golf Course 86.40 BEER Golf Course 303.90 SNACKS Golf Course 117.30 WATER Golf Course 89.40 BEER Golf Course 185.60 782.60 TRASH CAN LINERS & PAPER TOWELS Central Services 1,012.12 1,012.12 ESCROW REFUND - LA24-000066 - 430 EAST LO 617.50 617.50 PD NEW EXPLORER FILTERS Fleet Services 120.48 PD EXPLORER FILTERS Fleet Services 126.34 246.82 LS#18 FORCE MAIN BREAK Sewer 875.00 22 City of Orono Check Register- COUNCIL REPORT Page: 4 Check Issue Dates: 7/29/2025 - 8/11/2025 Aug 06, 2025 01:21 PM Payee Total 126533 FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS Total 126534: FLEETPRIDE INC Total 126535: Fricke & Sons Sod Inc Total 126536: GOPHERACE GOPHERACE GOPHERACE GOPHERACE GOPHERACE GOPHERACE GOPHERACE GOPHERACE Total 126537 GOPHER STATE ONE CALL GOPHER STATE ONE CALL GOPHER STATE ONE CALL Total 126538 HAWKINS INC Total 126539 Check Check Invoice Invoice GLAccount Description Issue Date Number Number 08/11/2025 126534 1-10958694 701-49800-222 PUBLIC WORKS TRUCKS OIL FILTERS Fleet Services 08/11/2025 126534 1-10979237 701-49800-213 DUMP TRUCK REAR DIFFERENTIAL GEAR OIL Fleet Services 08/11/2025 126534 229-030997 701-49800-222 PD EXPLORER CABIN AIR FILTERS Fleet Services 08/11/2025 126534 70-595740 701-49800-222 PD EXPLORER ENGINE AIR FILTERS AND ENGIN Fleet Services 08/11/2025 126534 70-596468 701-49800-213 DUMP TRUCK REAR DIFFERENTIAL GEAR OIL Fleet Services 08/11/2025 126535 127689912 701-49800-222 426 MAIN AIR LINE FROM AIR COMPRESSOR TO Fleet Services 08/11/2025 126536 66340 101-43000-224 TASK 95444-SOD 08/11/2025 126537 025923/1 613-49830-221 PROPANE 08/11/2025 126537 025923/1 613-49830-212 OIL 08/11/2025 126537 025927/1 701-49800-221 CHAINSAW PARTS 08/11/2025 126537 025947/1 101-42260-201 OFD OFFICE SUPPLIES 08/11/2025 126537 025999/1 101-45200-223 FLOOR CLEANING SUPPLIES 08/11/2025 126537 026002/1 101-43000-224 TASK 96316 08/11/2025 126537 25956/1 701-49800-212 FUEL FOR CHAINSAW REPAIRS 08/11/2025 126537 25987/1 101-45200-223 CLEANING SUPPLIES FOR BIG ISLAND 08/11/2025 126538 25965/1 101-41900-223 WATER TREATMENT SALT 08/11/2025 126538 5070662 601-49400-319 SPLIT DISTRIBUTION 08/11/2025 126538 5070662 602-49450-319 SPLIT DISTRIBUTION 08/11/2025 126539 7148484 601-49400-216 CHLORINE TANKS FOR WATER PLANTS Department Public Works Department Golf Course Golf Course Fleet Services Fire Protection Services Parks Public Works Department Fleet Services Parks Central Services Water Sewer Water Invoice Amount 213.36 383.97 40.44 56.90 24.99 28.49 42.46 89.52 58.98 56.98 29.99 38.96 268.65 23 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/29/2025 - 8/11/2025 Page: 5 Aug 06, 2025 01:21 PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount HEIMAN INC 08/11/2025 126540 0945199-IN 101-42260-402 FIRE ENGINE 1 LIGHT REPAIR Fire Protection Services 550.00 Total 126540: 550.00 HENNEPIN COUNTY ACCOUNT 08/11/2025 126541 1000250955 101-42400-319 PROPERTY RESEARCH Building & Zoning 2.50 Total 126541: 2.50 HIGHVIEW PLUMBING INC 08/11/2025 126542 17696 602-49450-319 1&1 INSPECTION BY HIGHVIEW PLUMBING Sewer 1,750.00 Total 126542: 1,750.00 HOLIDAY COMPANIES 08/11/2025 126543 0796010825 101-42110-402 CAR WASHES / HOLIDAY Police Department 275.00 Total 126543: 275.00 INDEPENDANT PET PARTNERS 08/11/2025 126544 PS-INV1044 101-42110-230 K9 FOOD Police Department 83.84 Total 126544: 83.84 INTOXIMETERS INC 08/11/2025 126545 792704 101-42110-221 REPAIR PBT Police Department 126.95 Total 126545: 126.95 JN BUILT LLC 08/11/2025 126546 RPS24-0000 101-22205 ESCROW REFUND - RPS24-000036 1,000.00 Total 126546: 1,000.00 JOHN HENRY FOSTER MN INC 08/11/2025 126547 10777398-00 101-41900-404 REPAIR AIR COMPRESSOR FOR THE OPW/PAR Central Services 1,127.50 Total 126547: 1,127.50 KODIAK POWER SOLUTIONS 08/11/2025 126548 20547139 602-49450-406 GENERATOR REPAIR LS # 13 Sewer 1,963.94 KODIAK POWER SOLUTIONS 08/11/2025 126548 20547267 602-49450-406 LS# 13 GENERATOR NO START Sewer 672.90 KODIAK POWER SOLUTIONS 08/11/2025 126548 20620862 602-49450-406 GENERATOR REPAIR LS # 21 Sewer 579.00 Total 126548: 3,215.84 LAND EQUIPMENT INC 08/11/2025 126549 03-1171811 701-49800-221 BOBCAT 604 FILTERS Fleet Services 72.64 24 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/29/2025 - 8/11/2025 Page: 6 Aug 06, 2025 01:21 PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126549: 72.64 LEAGUE OF MN CITIES INS TR 08/11/2025 126550 2025 LMC P 703-49960-361 2025 PROPERTY/CASUALTY INSURANCE 69,136.00 Total 126550: 69,136.00 MANSFIELD OIL COMPANY 08/11/2025 126551 26765532 701-49800-212 UNLEADED FUEL Fleet Services 1,548.74 Total 126551: 1,548.74 MATT JOHNSON 08/11/2025 126552 UB REFUND 999-10015 UB REFUND - 285 LEAF ST - JOHNSON 131.06 Total 126552: 131.06 METROPOLITAN COUNCIL ENVI 08/11/2025 126553 0001189459 602-49450-441 2025 INDUSTRIAL DISCHARGE PERMIT Sewer 151.85 METROPOLITAN COUNCIL ENVI 08/11/2025 126553 0001191177 602-49450-383 WASTWATER SERVICE 9/2025 Sewer 60,575.15 Total 126553: 60,727.00 MINNEAPOLIS OXYGEN COMPA 08/11/2025 126554 0000147831 701-49800-215 OXYGEN, ACETYLENE Fleet Services 87.50 MINNEAPOLIS OXYGEN COMPA 08/11/2025 126554 0000147832 101-42110-221 MEDICAL OXYGENITANK FEE Police Department 114.75 MINNEAPOLIS OXYGEN COMPA 08/11/2025 126554 0000147835 101-42260-219 MEDICAL OXYGENITANK FEE Fire Protection Services 60.25 Total 126554: 262.50 MINNESOTA FIRE SERVICE CE 08/11/2025 126555 14537 101-42260-437 MN CERTIFICATION FOR FIRE Fire Protection Services 236.25 Total 126555: 236.25 MISSION COMMUNICATIONS LL 08/11/2025 126556 2010571 602-49450-406 MISSION ANNUAL SERVICE Sewer 10,179.00 Total 126556: 10,179.00 MN SECRETARY OF STATE NOT 08/11/2025 126557 08.2025 H. S 101-43000-433 ADMIN NOTARY H. SMIEJA Public Works Department 120.00 Total 126557: 120.00 MTI DISTRIBUTING INC 08/11/2025 126558 1486955-00 613-49830-221 GOLF COURSE ROUGH MOWER DECK PIVOT PI Golf Course 61.82 25 City of Orono Check Register- COUNCIL REPORT Page: 7 Check Issue Dates: 7/29/2025 - 8/11/2025 Aug 06, 2025 01:21 PM Check Check Invoice Invoice GLAccount Payee Issue Date Number Number Total 126558 NAVARRE HARDWARE 08/11/2025 126559 350690 101-42110-201 NAVARRE HARDWARE 08/11/2025 126559 350738 710-49970-221 NAVARRE HARDWARE 08/11/2025 126559 350821 101-45200-221 Total 126559: NOVA TECHNOLOGIES 08/11/2025 126560 IN-80009186 710-49970-32S Total 126560: ODP BUSINESS SOLUTIONS LL 08/11/2025 126561 4277247770 101-41900-201 Total 126561: OTTEN BROTHERS 08/11/2025 126562 1-1834789 101-43000-224 OTTEN BROTHERS 08/11/2025 126562 1-1834810 101-43000-224 Total 126562: PERFORMANCE PLUS LLC dba 08/11/2025 126563 070860 101-42260-319 Total 126563: QUADIENT INC 08/11/2025 126564 17775525 602-49450-322 QUADIENT INC 08/11/2025 126564 17775525 651-49910-322 QUADIENT INC 08/11/2025 126564 17775525 601-49400-322 QUADIENT INC 08/11/2025 126564 17775525 101-41900-322 QUADIENT INC 08/11/2025 126564 17775525 601-49400-352 QUADIENT INC 08/11/2025 126564 17775525 602-49450-352 QUADIENT INC 08/11/2025 126564 17775525 101-41900-352 QUADIENT INC 08/11/2025 126564 17775525 651-49910-352 QUADIENT INC 08/11/2025 126564 17775525 101-41430-32E Total 126564: QUADIENT INC 08/11/2025 126565 08.2025 POS 101-41900-322 Description Department OFFICE SUPPLIES Police Department CAMERA MEMORY CARD - NAVARRE ORGANIC IT Services FLAPPER CHAIN Parks MONTHLY PHONE SIP CHARGE 8/25 11X17 PAPER SHOULDER REPAIRS ON WATERTOWN RD SHOULDER WORK ON WATERTOWN RD IT Services Central Services Public Works Department Public Works Department Invoice Amount bl.62 27.17 19.99 6.59 229.39 lzd.du ti2.W 157.25 MEDICAL EVAL FOR DEJEWSKI AND BURTON Fire Protection Services 1,032.00 1,032.00 06.2025 UB POSTAGE Sewer 326.68 06.2025 UB POSTAGE Storm Water 561.60 06.2025 UB POSTAGE Water 326.67 06.2025 UB POSTAGE - SEPTIC Central Services 234.92 06.2025 UB MAILING SERVICE Water 114.37 06.2025 UB MAILING SERVICE Sewer 114.38 06.2025 UB MAILING SERVICE - SEPTIC Central Services 54.83 06.2025 UB MAILING SERVICE Storm Water 114.38 06.2025 UB INSERT Communications 293.28 2,141.11 POSTAGE REFILL JULY 2025 Central Services 1,000.00 26 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/29/2025 - 8/11/2025 Page: 8 Aug 06, 2025 01:21 PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 126565: 1,000.00 REPUBLIC SERVICES #894 08/11/2025 126566 0894-007220 101-41900-404 TRASH SERVICE 7/1/25- 7/31/25 - CITY HALL Central Services 488.25 REPUBLIC SERVICES #894 08/11/2025 126566 0894-007220 101-41900-404 TRASH SERVICE7/1/25-7/31/25 - POLICE DEPAR Central Services 214.85 REPUBLIC SERVICES #894 08/11/2025 126566 0894-007220 613-49830-404 TRASH SERVICE 7/1/25-7/31/25- GOLF COURSE Golf Course 663.94 REPUBLIC SERVICES #894 08/11/2025 126566 0894-007220 101-45200-404 TRASH SERVICE 7/1/25-7/31/25 - LURTON PARK Parks 231.00 REPUBLIC SERVICES #894 08/11/2025 126566 0894-007220 101-41900-404 TRASH SERVICE 7/1/25-7/31/25- BRUSH SITE Central Services 55.50 Total 126566: 1,653.54 REVOLUTION DESIGN +BUILD 08/11/2025 126567 RPS24-0000 101-22205 ESCROW REFUND - RPS24-000067 - 2890 GOLD 1,000.00 Total 126567: 1,000.00 Riverside Design 08/11/2025 126568 4856 101-42110-352 OFFICE SUPPLIES/GENARIC OPD BUSINESS CA Police Department 120.63 Riverside Design 08/11/2025 126568 4863 101-42110-352 POLICE LETTERHEAD/ENVELOPES Police Department 389.42 Total 126568: 510.05 RYAN AUTO MALL 08/11/2025 126569 276336 701-49800-222 PD CHARGER PARTS AND BODY COMPONENTS Fleet Services 293.88 Total 126569: 293.88 SAFEBUILT LLC LOCKBOX 8813 08/11/2025 126570 2171237 101-42400-310 BUILDING REVIEW SERVICES Building & Zoning 465.00 Total 126570: 465.00 SCHULTZ, SUSAN 08/11/2025 126571 07.2025 S. S 101-42110-439 WATER FOR VOLUNTEERS/SOL Police Department 4.79 Total 126571: 4.79 SCOTT & LORI GENGLER 08/11/2025 126572 RPS24-0001 101-22205 ESCROW REFUND - RPS24-000106 -4215 FORE 11,000.00 Total 126572: 11, 000.00 STOP STICK LTD 08/11/2025 126573 0039080-IN 101-42110-221 STOP STICKS Police Department 534.00 Total 126573: 534.00 27 City of Orono Check Register- COUNCIL REPORT Check Issue Dates: 7/29/2025 - 8/11/2025 Page: 9 Aug 06, 2025 01:21 PM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount STREETER 08/11/2025 126574 RPS23-0001 101-22205 ESCROW REFUND - RPS23-000176 - 1800 SHOR 1,000.00 Total 126574: 1,000.00 STREICHER'S 08/11/2025 126575 11773881 101-42110-226 UNIFORMS/KKECK NEW HIRE Police Department 10.00 STREICHER'S 08/11/2025 126575 11774288 101-42110-226 UNIFORMS/KKECK NEW HIRE Police Department 326.99 STREICHER'S 08/11/2025 126575 11774544 101-42110-226 UNIFORMS/SLIPKA Police Department 35.00 STREICHER'S 08/11/2025 126575 11775632 101-42110-226 UNIFORMS/KKECK NEW HIRE Police Department 1,570.00 Total 126575: 1,941.99 SUREFITTERS 08/11/2025 126576 79494 101-43000-222 421 BUCKET TRUCK EMERGENCY LIGHT REPLA Public Works Department 235.20 Total 126576: 235.20 THOMSON REUTERS - WEST 08/11/2025 126577 852294520 101-42110-311 DATA PROCESSING/THOMSON REUTERS Police Department 334.05 Total 126577: 334.05 TIMESAVER OFF SITE SECRET 08/11/2025 126578 30834 101-41110-319 CITY COUNCIL MINUTES 7/14/2025 Mayor & Council 253.00 TIMESAVER OFF SITE SECRET 08/11/2025 126578 30835 101-41110-319 CITY COUNCIL MINUTES 7/28/2025 Mayor & Council 172.00 TIMESAVER OFF SITE SECRET 08/11/2025 126578 30836 101-42400-319 PLANNING COMMISSION MINUTES 7/21/2025 Building & Zoning 212.50 Total 126578: 637.50 TOLL GAS & WELDING SUPPLY 08/11/2025 126579 0040216272 701-49800-215 GAS CYLINDER RENTAL Fleet Services 13.64 Total 126579: 13.64 U.S. AutoForce 08/11/2025 126580 CR00145042 701-49800-222 PD EXPLORER TIRES Fleet Services 942.56- U.S. AutoForce 08/11/2025 126580 INVO010437 701-49800-222 PD EXPLORER TIRES Fleet Services 942.56 U.S. AutoForce 08/11/2025 126580 INVO010464 701-49800-222 PD EXPLORER TIRES Fleet Services 552.00 Total 126580: 552.00 UNIFIRST CORPORATION 08/11/2025 126581 1410158727 613-49830-223 MATS AND TOWEL -GC Golf Course 17.74 UNIFIRST CORPORATION 08/11/2025 126581 1410160556 613-49830-223 MATS AND TOWEL -GC Golf Course 109.92 Total 126581: 127.66 City of Orono Check Register- COUNCIL REPORT Page: 10 Check Issue Dates: 7/29/2025 - 8/11/2025 Aug 06, 2025 01:21 PM Payee US Bank Equipment Finance Total 126582: UTILITY BILL REFUND Total 126583: WASTE MANAGEMENT WASTE MANAGEMENT WASTE MANAGEMENT Total 126584: WRIGHT, BRADY Total 126585: XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY Total 126586: Yamaha Golf & Utility Total 126587: ZUMBRO TOOLS Total 126588: Check Issue Date Check Number Invoice Number Invoice GLAccount Description 08/11/2025 126582 561222159 710-49970-413 FLEET DEPT COPIER - 07/25/25-08/25/25 IT Services 08/11/2025 126583 UB REFUND 999-10015 UB REFUND - 3585 CRYSTAL PL - LANGE 08/11/2025 126584 0126283-280 603-49500-444 ORGANICS JULY 2025 Recycling 08/11/2025 126584 0126283-280 603-49500-316 RECYCLING AUGUST 2025 - CRYSTAL BAY RD M Recycling 08/11/2025 126584 0126283-280 603-49500-316 RECYCLING AUGUST 2025 Recycling 08/11/2025 126585 08.2025 B. W 101-43000-226 WORK BOOTS 08/11/2025 126586 938178152 602-49450-381 3425 LYRIC 06/25/25-07/27/25 08/11/2025 126586 938644581 613-49830-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 101-42260-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 101-41900-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 101-42110-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 101-42110-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 101-43000-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 101-43000-386 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 101-45200-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 601-49400-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126586 938644581 602-49450-381 ELECTRIC SERVICE 6/25/25-07/26/25 08/11/2025 126587 01-311449 613-49830-415 GOLF CART RENTAL 08/11/2025 126588 0730251900 701-49800-240 MECHANICS TOOLS AND IMPACT REBUILD Department Invoice Amount 145.69 235.33 G 1- 194.10 380.80- 20,298.31 Public Works Department 279.97 Sewer 27.45 Golf Course 574.10 Fire Protection Services 917.21 Central Services 1,590.15 Police Department 1,590.15 Police Department 41.61 Public Works Department 205.55 Public Works Department 2,737.37 Parks 75.96 Water 9,177.56 Sewer 4.348.30 Golf Course Fleet Services 29 City of Orono Check Register- COUNCIL REPORT Page: 11 Check Issue Dates: 7/29/2025 - 8/11/2025 Aug 06, 2025 01:21 PM Payee Check Issue Date Check Number Invoice Number Invoice GLAccount AMAZON CAPITAL SERVICE 08/11/2025 20130721 197X-VLGL- 101-41900-223 AMAZON CAPITAL SERVICE 08/11/2025 20130721 1DLK-VTKJ- 603-49500-444 AMAZON CAPITAL SERVICE 08/11/2025 20130721 1J33-K39V-Y 101-43000-226 AMAZON CAPITAL SERVICE 08/11/2025 20130721 1PV7-QLKJ- 710-49970-221 AMAZON CAPITAL SERVICE 08/11/2025 20130721 1PWV-1QHX 101-43000-222 AMAZON CAPITAL SERVICE 08/11/2025 20130721 1PWV-1QHX 701-49800-226 AMAZON CAPITAL SERVICE 08/11/2025 20130721 1PWV-1QHX 701-49800-215 AMAZON CAPITAL SERVICE 08/11/2025 20130721 1XWM-PDK 601-49400-489 Description Department FIRE EXTINGUISHER TAGS Central Services COMPOSTABLE ORGANICS DROP-OFF WELCO Recycling PPE FOR NEW PERSON AND REPLACEMENT F Public Works Department PD PHONE CASE IT Services EMERGENCY LIGHTS/ VEHICLE PARTS Public Works Department PPE GLOVES Fleet Services SHOP SUPPLIES - OIL FUNNEL/ OIL CHANGE ST Fleet Services PUBLIC EDUCATION SUPPLIES Water Total 20130721: Carmen Bay Lake Improvement D 08/11/2025 20130722 MAY/JUNE T 240-25695-489 1ST HALF CBLID PAYMENT Total 20130722: MEDSURETY LLC 08/11/2025 20130723 43342 101-41900-319 AUGUST 2025 FEES MEDSURETY LLC 08/11/2025 20130723 6.27.25-8.3.2 101-21719 MFSA 6.27.25-8.3.25 MSA FUNDS MEDSURETY LLC 08/11/2025 20130723 DCAP J. CUT 101-21719 DCAP J. CUTA MEDSURETY LLC 08/11/2025 20130723 MFSA2025 101-21719 M FSA 6.20.25-7.27.25 FUNDS Total 20130723: PSN: PAYMENT SERVICE INVOI 08/11/2025 20130724 313745 101-41900-312 MISC PSN FEES 07.25 PSN: PAYMENT SERVICE INVOI 08/11/2025 20130724 314230 602-49450-312 SEWER FUND PSN FEES 07.25 PSN: PAYMENT SERVICE INVOI 08/11/2025 20130724 314230 651-49910-312 STORMWATER PSN FEES 07.25 PSN: PAYMENT SERVICE INVOI 08/11/2025 20130724 314230 601-49400-312 WATER FUND PSN FEES 07.25 PSN: PAYMENT SERVICE INVOI 08/11/2025 20130724 314449 101-41900-312 BUILDING PERMIT PSN FEES 07.25 Total 20130724 SQUARE SERVICES 08/11/2025 20130725 08.2025 SQU 613-49830-312 GC SQUARE FEE 08.01.25-09.01.25 Total 20130725: Central Services Central Services Sewer Storm Water Water Central Services Golf Course STREET FLEET EXPEDITED LL 08/11/2025 20130726 583811 701-49800-222 ORONO FIRE DEPARTMENT PARTS DELIVERY Fleet Services STREET FLEET EXPEDITED LL 08/11/2025 20130726 584361 701-49800-403 GOLF ROUGH MOWER PARTS DELIVERY Fleet Services Total 20130726: WEX BANK 08/11/2025 20130727 106153141 101-45200-212 FUEL FOR PONTOON Parks Invoice Amount 9.99 76.80 407.44 7.89 188.02 47.12 77.52 852.76 16,657.74 211.00 125.91 104.17 294.00 3.30 356.18 356.18 356.19 20.90 35.00 280.83 AA - 325.45 37.76 W City of Orono Payee Total 20130727: Grand Totals: Check Check Issue Date Number Check Register- COUNCIL REPORT Check Issue Dates: 7/29/2025 - 8/11/2025 Invoice Invoice GLAccount Number Description Department Page: 12 Aug 06, 2025 01:21 PM Invoice Amount 37.76 299.126.21 31 AGENDA ITEM Date: August 11, 2025 Title: Annual Appointments - Resolution 7603 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this action item is to amend the appointments. Item: 3 2. Background: The framework of services we provide is directed by a law or rule and tends to be cyclical and predictable. Cities are required by laws and other authorities to complete certain tasks ahead of specific deadlines. The League of Minnesota Cities (LMC) provides a calendar of important dates as an easy -to -follow guide. Tasks include formally and publicly assigning city officials to groups that steer the direction, vision, and goals of the city, like commissions, boards, and committees. Another important task is to list where city funds are deposited for transparency and to avoid conflicts of interest. The attached resolution provides an updated list of each duty, the authority it is directed, and the proposed appointment or designation. 3. Staff Recommendation: Approve updated appointments for 2025. COUNCIL ACTION REQUESTED Approve Resolution 7603 updating appointments for 2025. Exhibits A. Resolution 7603 Annual Appointments - 2025 Amended 32 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N0.7603 AMENDING RESOLUTION 7576 APPOINTING CITY OFFICIALS AND DUTIES RESOLVED, by the City Council of Orono, Minnesota that the appointments and designations for the year 2025 are amended as follows: Duty Authority or Reference Appointee Acting Mayor Minn. Stat. 412.121 Alisa Benson Association of Metropolitan https://www.metrocitiesmn.orglab Bob Tunheim Municipalities Legislative Contact out -us Association of Metropolitan https:llwww.metrocitiesmn.orglab Adam Edwards Municipalities Representative out -us Attorney- Civil Minn. Stat. 412.111 Campbell Knutson Agreement for Legal Services Soren Mattick dated 11112019 inc. amendments Attorney- Prosecuting Minn. Stat. 412.111 Campbell Knutson Agreement for Legal Services Alina Schwartz dated 1011412024 Auditor Minn. Stat 275.065 Abdo Data Compliance Official - Minn. Stat. 13.05.13 Christine Lusian Responsible Authority and Correy Farniok (Police) Designees Nola Dickhausen, Jessica Rasmussen Development Review Committee Minn. Stat. 13D.01 Laura Oakden Orono Code 78-1005-1007 Melanie Curtis Matthew Karney Emergency Preparedness Director Minn. Stat. 12.25 Correy Farniok Engineer- Consulting Minn. Stat. 412.111 Bolton & Menk Agreement for City Engineering David Martini Services dated 1112312020 Fiscal Agents Minn. Stat. 427.05; 118A.04 Ehlers & Associates Fire Code Official Resolution 7428 Shea Chwialkowski Orono Code 5-46-32 Fire Relief Board of Trustees Minn. Stat. 13D.01, 424A.04 Bob Tunheim Orono Firefighters' Relief Adam Edwards Association Bylaws Article III, Shea Chwialkowski Section 2 Gillespie Center Representative Minn. Stat. 412.111 Jacqueline Ricks Agreement for Services date Novmeber.12, 2024 Hennepin County Emergency Minn. Stat. 12.25 Correy Farniok Communications Organization hennepin.us/en/residents/emergen cies/emergency-management Housing and Redevelopment Minn. Stat. 469.003, 13D.01 Bob Tunheim, Chair Authority Alisa Benson Jon Schwingler Steve Persian Jacqueline Ricks Maggie Jin, Secretary Insurance Agent of Record Minn. Stat. 60K.30 Corporate Four Ronald Youngdahl 33 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7603 Duty Authority or Reference Appointee Lake Minnetonka Conservation Minn. Stat. 103B.611 & 13D.01 Richard Anderson Term Expires 113112026 District LMCD LOGIS Board of Directors Minn. Stat. 13D.01 Coffey Farniok Maggie Jin alternate Long Lake Fire Advisory Board Minn. Stat. 424A.04-014, 13D.01 Bob Tunheim Agreement for Fire Protection Steve Persian dated 1011512002 Adam Edwards Shea Chwialkowski Mayor's Association ht�ps://www.lmc.orglwp- Bob Tunheim con ten t/uploads/documents/Minn esota-Ma ors -Handbook. d Official Newspaper Minn. Stat. 412.831 The Laker & Pioneer Official Depositories/Investment Minn. Stat. 118A.02 & 427.01-02 Bank Hapoalim BM - NY Vendors Office ice of the State Auditor Bank United - Miami, FL Bankwest Inc - Pierre, SD BMO Harris Bank - Chicago, IL Bridgewater Bank— Navarre, MN Capital One Bank - Mclean, VA Comenity Bank - DE Customers Bank - PA Fannie Mae Federal Home Loan Bank Federated Hermes FNB Oxford Bank - MS Generation Bank - Hampton, Arkansas JP Morgan Chase Bank NA -Columbus, OH League of MN Cities - 4M Fund Manufacturers &Traders Bank -Buffalo, NY Medallion Bank - Utah Merrick Bank - South Jordan, UT Morgan Stanley Bank -South Jordan, UT Morgan Stanley Private Bank Nicolet National Bank - Green Bay, WI Northwest Bank - Boise, Idaho Optum Bank Inc - Salt Lake City, UT Popular Bank - NY Sallie Mae Bank - Salt Lake City, UT Sofi Bank NA - UT Synchrony Bank - Draper, UT Texas Exchange Bank - Crowley, TX UBS Bank - Salt Lake City, UT UBS Financial Services - Wayzata Morgan Stanley Bank - NA US RBC Wealth Mgmt - MN Valley National Bank - Passaic, NJ Northwest Bank -Lake Oswego, ID WellsFargo Bank - Advisors WellsFargo Bank NA - CA Western Alliance — AZ 34 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7603 Duty Authority or Reference Appointee Park Commission Minn. Stat 412.111 & 13D.01 Brian Roath Term Expires 31112026 Orono Ordinance 22-31 Janie Delaney Term Expires 31112028 Gordy Stofer Term Expires 31112026 Appointed by separate Mollie Reynolds Term Expires 31112028 resolution(s) Michael Huddy Term Expires 31112026 Kim Carswell Term Expires 31112028 Jacob Selseth Term Expires 31112028 Park Commission Chair Orono Ordinance 22-31 Chair: Brian Roath Vice Chair: Janie Delaney Park Commission Ex Officio Orono Ordinance 22-32 Alisa Benson - May 6; (Councilmember) Steve Persian - June 3; Jacqueline Ricks - August 5; Bob Tunheim - October 7; Jon Schwingler - November 4. Planning Commission Minn. Stat 412.111, 462.354, Chris Bollis Term Expires 313112028 13D. 01 Kelly Prchal Term Expires 313112028 Orono Ordinance 74-1 Jon Ressler Term Expires 313112027 Andrew Jarnot Term Expires 313112027 Appointed by separate Thomas Brandabur Term Expires 313112027 resolution(s) Sam Tift Term Expires 313112026 Shane Weltzin Term Expires 313112026 Planning Commission Chair Orono Ordinance 74-2 Chair: Chris Bollis Vice Chair: Jon Ressler Planning Commission Ex Officio Orono Code 74-2(b)(3) Bob Tunheim April 21; (Councilmember) Jacqueline Ricks May 19; Steve Persian June 16; Alisa Benson July 21; Jon Schwingler August 18; Bob Tunheim September 15; Jacqueline Ricks October 20; Steve Persian November 17. Appeals and Adjustments Board Minn. Stat. 462.354 Subd. 2 Planning Commission City Code 78-96 Police Advisory Commission Minn. Stat. 412.111 & 13D.01 Jaqueline Ricks Alisa Benson Contracts for law enforcement Adam Edwards with Spring Park of 712412017, Correy Farniok Mound of 9/10/2012, Minnetonka Beach of 812 312 010 Suburban Rate Authority Minn. Stat. 471.59 DJ Goman https://www.kenned - graven. com/practice- areas/public-uti lity/ Weed Inspector (Mayor) Minn. Stat.18.80 Bob Tunheim Weed Inspector (Assistant) Minn. Stat.18.80 Joe Ruthenberg 35 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7603 Adopted by the City Council of Orono, Minnesota, at its meeting held August 11, 2025. ATTEST Christine Lusian, City Clerk CITY OF ORONO Bob Tunheim, Mayor 36 AGENDA ITEM Date: August 11, 2025 Title: Fireworks Display, SEP25-000008 - August 20 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Item: 4 Purpose: The purpose of this action item is to review fireworks display plans for Special Event Permit 25- 000008. 2. License Applicant(s): City code section 66-224(d) and (f)(2) requires city council review of special events requesting the use of city land and involving fireworks. RES Pyro completed an application to launch fireworks Wednesday, August 20 from a floating platform for a class reunion at 1500 Brackett's Point Road. The fireworks will launch at lOpm from the water south of Brackett's Point between Smith and Browns Bays. Plans included with the application are attached. 3. Staff Recommendation: Staff from Administration, Community Development, Fire, Parks, and Police have reviewed and approved the application. COUNCIL ACTION REQUESTED Review the fireworks display plans. Exhibits A. Location B. Operator C. Notice 37 �r 1500 Bracketts Paint Fireworks Display for a class reunion on Lake Minnetonka August 20, 2025 1500 Brackett's Point Rd, Wayzata, MN 55391 Lead Technician Jason LaDouceur - License # 0-1133 218-232-3772 ?4 INNES18L[CQTA PISAFETY i Account Login Education IQ Lookup User Company ffi Complaints State of Minnesota Department of Public Safety State Fire Marshal eApplication Public Portal Public User Lookup Detail NOTE: If you are looking for additional information, please submit an SFM data request. User: LaDouceur,Jason PrimaryCertification Type: NFPA 1123 Primary Certification Number: FW1133 Primary[ertification Issue Dace: OIA112024 Primary Certification Expiration Date: 12/31/2028 PrimaryCertification Status: Current Account Identifier. None Certification Issue Certifficatim Certification Type Certification Number Certification Levek Date Expiration Date (earfic-tion Fireworks Operator FW1133 NFPA 1123 01/01/2024 12/31/2028 Current Assistants: Alexis LaDouceur DOB: 8/16/06 Riley Kollman DOB: 5/4/07 Alicia Erkenbrack DOB: 12/14/07 Kelly Erkenbrack DOB: 10/10/89 List of Materials: (192)-3" shells (144)-4" shells (56)-5" shells (18)-6" shells (5)-8" shells 39 Monday, July 21, 2025 Dear Resident: We are writing as a courtesy to inform you that there will be a fireworks display taking place by Brackett's/Orono Point in Lake Minnetonka on Wednesday, August 20th for a private event. This display will take place around 10:00pm and should be approximately ten minutes in duration. Sincerely, Cory Stinar R ES Pyro 21595 286TH STREET I BELLE PLAINE, MN I P:952-873-3113 I INFODRES"ROXOM I LVWW.RESPYRO.COM 40 AGENDA ITEM Date: August 11, 2025 Title: Contract - School Resource Officer - Westonka School District Presenter: Correy Farniok, Police Chief Section: Consent Agenda Item: 5 Purpose: The purpose of this action item is to gain approval of the School Resource Officer contract with Westonka School District. 2. Background: The Orono Police Department has been partnering with Westonka School District for more than 14 years to have a school resource officer in the schools. The contract has been updated and includes the most current laws and regulations related to school resource officers. 3. Staff Recommendation: Staff recommend approval of the School Resource Officer contract with Westonka School District. COUNCIL ACTION REQUESTED Motion to approve the School Resource Officer contact with Westonka School District. Exhibits A. Agreement - Westonka SRO 41 AGREEMENT This Agreement is entered into this day of , 2025 by and between the City of Orono, a municipal corporation under the laws of Minnesota, hereinafter referred to as "City" and the Westonka School District, a political subdivision of the State of Minnesota, hereinafter referred to as "District." WITNESSETH For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the City and the District agree as follows: Purpose of Agreement. The purpose of this Agreement is for the City to assign a policy officer to provide law enforcement services at Shirley Hills Primary School and Wesonkta Middle School. The officer assigned is referred to as a School Resource Officer "SRO". The SRO will work with school personnel, provide a visible police presence and promote safety in the schools. 2. Term. The term of this Agreement shall be the 2025-2026 school -year and will automatically renew each school -year for 2026-2027 and 2027-2028 unless written notice is given by either party by June 30 prior to the start of the next school year. The length of the school -year may be mutually extended by the parties as they deem necessary to satisfy attendance requirements that may have been affected by weather or other factors. Termination. This Agreement may be terminated for any reason by either party upon 90 days prior written notice. 4. Relationship to Parties. The SRO assigned to the District shall remain and be considered an employee of the City and not of the District. The assigned SRO will be subject to current procedures in effect for Orono police officers, including attendance at all mandated training and testing to maintain state law enforcement officer certification. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind between parties, and the rights and obligations of the parties shall be only those expressly set forth in this Agreement. The parties agree that no person assigned by the District to accomplish the goals of this Agreement is a City employee and that no rights under City contracts or personnel rules accrue to such person. 5. Consideration. In consideration of the assignment of the SRO, the District agrees to pay the City. Payment from the District to the City is due in full on October 15th of each year ►y: this Agreement is in effect. This payment covers the school year which includes that date. The District will not be responsible for payment of overtime, unless it is requested by the District. The SRO's weekly District schedule will be mutually agreed upon in consultation with the principal of the school or designee and the City's public safety director. The SRO may be asked to attend afternoon or evening events in lieu of regular day duty. Each party will maintain a budget for expenditures under this Agreement. 5.1. Payment on October 15, 2025 will cover the 2025-2026 school year and will be in the amount of one-half of the District's 2025 payable 2026 Safe School Levy Dollars. 5.2. Payments in future years will continue to be in the amount of one-half of the District's Safe Schools Levy dollars as follows: the 2026-2027 allocation will come from the 2025 payable 2026 Safe Schools Levy dollars, and the 2027-2028 allocation will come from the 2026 payable 2027 Safe Schools Levy dollars. 6. Officer Responsibilities. The SRO's contractual duties with the school district shall include: 6.1. fostering a positive school climate through visibility, relationship building and open communication; 6.2. protecting students, staff, and visitors to the school grounds from criminal activity; 6.3. serving as a liaison from law enforcement to school officials; 6.4. providing advice on safety drills; 6.5. identifying vulnerabilities in school facilities and safety protocols; 6.6. educating and advising students and staff on law enforcement topics; 6.7. enforcement of criminal laws; 6.8. acting as a communication liaison with law enforcement agencies, providing basic information concerning students on campuses served by the SRO; 43 6.9. providing informational in -services and being a general resource for the staff on issues related to alcohol, and other drugs, crime, violence prevention, gangs, safety and security; 6.10. presenting educational programs to students and school staff on topics agreed upon by both parties; 6.11. referring students and/or their families to the appropriate agencies for assistance when a need is determined; 6.12. unless the SRO's opinion circumstances prevent it, attempting to advise the school principal and/or assistant principal prior to taking legal action, subject to the SRO's duties under the law. 6.13. shall not use force or the authority of their office solely to enforce school rules or policies or participate in the enforcement of discipline for violations of school rules; 6.14. as time assignments allow, assisting school staff with lunchroom duties, and hall and parking lot monitoring. If there is an unusual/temporary problem in one of these areas, the SRO may assist District employees until the problem is solved; 6.15. working with school staff to plan for safety services at special events such as large athletic events or graduations.; 6.16. nothing required herein is intended to nor will it constitute a relationship or duty for the assigned SRO or the City beyond the general duties that exist for law enforcement officers within the state. This position does not create any duty different from the duty owed to the public as a whole. 7. Time and Place of Performance. The City will endeavor to have a SRO available for duty at their assigned school each day that school is in session during the regular school year. The City is not required to furnish a substitute SRO on days when the regular SRO is absent due to use of the SRO's leave time or City police department requirements. The SRO's activities will be restricted to their assigned school grounds except for: 7.1. Follow up home visits when needed as a result of school related student problems. 7.2. School related off -campus activities when SRO participation is requested by the principal and/or assistant principal and approved by the Chief of Police. 44 7 10. 7.3. In response to off -campus, but school related, criminal activity. 7.4. In response to emergency police activities. 7.5. Or other duties as directed by the director of public safety. In these instances the SRO will notify school administrative staff. District Responsibilities. 8.1. The District will provide the SRO with a secure and equipped office. The equipment shall include basic furniture, a telephone, secure filing space and internet access to a secure police records website. 8.2. The District will identify the principal or designee who will be the primary contact person among the school staff for the SRO. Indemnification. The District and the City agree to indemnify and hold each other, including their respective agents, employees, and officers, harmless from all liabilities, except in cases of gross negligence or willful misconduct by the party seeking indemnification. Nothing in this Agreement shall be deemed a waiver of immunity or limits on liability available to either party under Minnesota Statutes, Chapter 466. Notices. All notices required under this Agreement shall be in writing and shall be deemed delivered upon placement in the U.S. mail, postage prepaid, certified and return receipt requested or by personal delivery: A. To the District: Westonka Public Schools ISD 277 Educational Service Center Attn: Superintendent 5901 Sunnyfield Road East Minnetrista, MN 55364 B. To the City: City of Orono Attn: Chief of Police 2730 Kelley Parkway Orono, MN 55356 Or to such other address or party as either party may notify the other pursuant to this notice requirement. 45 11. Miscellaneous. 11.1. This agreement constitutes the entire agreement between the City and the District and supersedes any other written or oral agreements between the parties regarding the subject matter of this Agreement. 11.2. This Agreement shall be construed under the laws of Minnesota. Any dispute shall be brought in Hennepin County district court. 11.3. This Agreement may be executed simultaneously in any number of counterparts, all of which shall be original and shall constitute one and the same instrument. 11.4. No amendments or changes to this Agreement are valid and effective unless set forth in writing and signed by both parties. 46 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. WESTONKA SCHOOL DISTRICT NO.277 ATTESTED BY: APPROVED AS TO FORM: IM ATTESTED BY: CHAIR, BOARD OF EDUCATION CLERK, BOARD OF EDUCATION BOARD ATTORNEY CITY OF ORONO MAYOR, CITY OF ORONO CLERK, CITY OF ORONO ►, tl AGENDA ITEM Date: August 11, 2025 Title: Resignation of Part -Time Firefighter Presenter: Shea Chwialkowski, Interm Fire Chief Section: Consent Agenda Item: 6 Purpose: The purpose of this agenda item is to accept the resignation of Part -Time Firefighter Sam Goecke. 2. Background: Sam joined the Orono Fire Department last September. We thank Sam for his time with the Orono Fire Department and wish him well in future endeavors. 3. Staff Recommendation: Staff recommends accepting Firefighter Sam Goecke's resignation. COUNCIL ACTION REQUESTED Motion to accept the resignation of Firefighter Sam Goecke. 48 AGENDA ITEM Date: August 11, 2025 Title: Hire Part -Time Firefighters Presenter: Shea Chwialkowski, Interm Fire Chief Section: Consent Agenda Item: 7 Purpose: The purpose of this action is to request approval to hire two part-time firefighters to join the Orono Fire Department. 2. Background: The Orono Fire Department has completed a detailed assessment of staffing requirements to effectively support the Joint Duty Crew schedule. This evaluation concluded that 12 part-time firefighters are necessary to maintain consistent shift coverage while allowing for time off and operational flexibility. Following a recent resignation, the department currently has 8 active part- time firefighters. Orono Firefighters work collaboratively with Long Lake Fire Department's personnel to deliver dependable, high -quality emergency services. Furthermore, all current and prospective Orono Firefighters are expected to demonstrate a commitment to the long-term success and sustainability of the future consolidated fire department. 3. Recruitment: The selection process for the position involved a public job posting, comprehensive application screening, formal interviews, and an in-depth background investigation. Interviews were conducted by the Interim Fire Chief in collaboration with other fire officers. All candidates also completed pre -employment medical and psychological evaluations as part of the final screening phase. 4. Recommended Candidate: Adler Burton has nearly two years of firefighting experience with another metro -area fire department. He holds certifications in Firefighter I & II, Haz-Mat Operations, and Emergency Medical Technician. DeShawn Collins has served for one year as a paid -on -call firefighter with another department and holds certifications in Firefighter I & II, Haz-Mat Operations, and Emergency Medical Technician. Both individuals are enthusiastic about joining the Orono Fire Department and are eager to contribute to the long-term success of the future consolidated fire department. 5. Recommended Compensation: Staff recommend extending job offers to Adler Burton and DeShawn Collins for part-time firefighter positions with an effective start date of August 12, 2025. Compensation: Starting wage of $20.00 per hour Benefits: Enrollment in the Police and Fire PERA pension plan 49 COUNCIL ACTION REQUESTED Motion to approve job offers to Adler Burton and DeShawn Collins for part-time firefighter positions at a rate of $20.00 per hour, with a start date of August 12th, 2025. 50 AGENDA ITEM Date: August 11, 2025 Title: Alcohol Sales - Compliance Review Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: To present a compliance matter related to alcohol sales for review and approval. Item: 8 2. Background: The Orono police department regularly conducts compliance checks of licensed alcohol and tobacco sales businesses. On June 29, an employee of Navarre Liquors sold alcohol to an underage person, which does not comply with state law or city code Section 34-1. City code section 34-23 establishes a $500 penalty for a first occurrence and Navarre Liquors paid this in full on July 25. The Stipulation of Facts and Civil Sanction Agreement is included as Exhibit A. 3. Staff Recommendation: Approve the Stipulation of Facts and Civil Sanction Agreement. COUNCIL ACTION REQUESTED Consider a motion to approve the Stipulation of Facts and Civil Sanction Agreement. Exhibits A. Stipulation of Facts and Civil Sanction Agreement 51 N U3 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA In Re: City of Orono Liquor Licensing Complaint against Wood & Associates Inc., dba Navarre Liquor STIPULATION OF FACTS AND CIVIL SANCTION The City of Orono ("City") and its undersigned attorney, and Wood & Associates Inc., dba Navarre Liquors ("Navarre") through its undersigned authorized officer, hereby agree and stipulate as follows: Navarre is licensed under Orono City Code Section 34-10, to sell liquor for consumption off its premises at 3421 Shoreline Dr. Orono, MN 55391. The premises to which the license applies are specified in the license. 2. On June 29, 2025, Christopher Joseph Taylor, an employee at Navarre Liquors did sell alcohol to a person under 21 years of age in violation of Orono City Code § 34-1. 3. This constitutes Navarre's first liquor license violation in the past three years pursuant to Orono City Code § 34-23 4. Navarre shall pay a civil sanction in the amount of $500.00. 5. Navarre waives its right to the hearing provided by Minnesota Statute § 340A.415 and Orono City Code § 34-23. 6. The civil sanction set forth in Section 4 is contingent upon the Orono City Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor of more M severe sanction, Navarre has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. Dated: 2 L2-5 Dated: 'I S- CAMPBELL KNUTSON Professional Association By: Soren M. Mattick Attorney for the City Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 WOOD & ASSOCIATES INC. DBA NAVARRE LIQUORS By: IJ5� Its b U•..) y\- /�G k/n..✓V/e L i'j Qo)✓ 3421 Shoreline Dr. Orono, MN 55391 I* CITY OF ORONO HENNEPIN COUNTY, MINNESOTA In Re: City of Orono Liquor Licensing HEARING NOTICE REGARDING Complaint against Wood & ALLEGED LIQUOR LICENSE VIOLATIONS Associates Inc., dba Navarre Liquor TO: WOOD & ASSOCIATES INC., DBA NAVARRE LIQUOR, 3421 SHORELINE DR. ORONO, MN 55391 FROM: SOREN M. MATTICK, ATTORNEY FOR THE CITY OF ORONO. YOU, AS A LIQUOR LICENSEE, ARE HEREBY INFORMED that on August 11, 2025 at 6:00 PM, in the Council Chambers of Orono, 2780 Kelley Parkway, Orono, MN 55356, the Orono City Council will conduct a hearing pursuant to Orono City Code § 34-23 and Minnesota Statute § 340A.415, regarding allegations that the licensee violation provisions of State law and City ordinance regulating liquor establishments as follows: On June 29, 2025, Christopher Joseph Taylor, an employee at Navarre Liquors did sell alcohol to a person under 21 years of age in violation of Orono City Code § 34-1. If your establishment is found to be in violation as charged, the City Council may revoke the license, impose a suspension for up to sixty (60) days, or impose a civil fine not to exceed $2,000.00 for each violation. You are entitled to be present at the hearing and to be represented by an attorney. If the hearing is contested, you are entitled to call witnesses, present probative evidence, cross-examine witnesses, and submit rebuttal evidence, all as allowed by Minnesota Statute § 14.60. Dated: -�L l l Z S CITY OF ORONO By: Soren M. Mattick, City Attorney W) W) Campbell Knutson July 29, 2025 Christine Lusian City Clerk City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Navarre Liquor — Liquor License Violation Dear Christine, Via Courier Please see enclosed to find a check for $500.00 regarding the above -mentioned matter from Shannon Wood, d/b/a Navarre Liquor. Let us know if you have any questions or concerns. Sincerely, Ash Smith Ash Smith Legal Assistant E-mail: asmith@ck-law.com Direct phone: (651) 234-6215 GRAND OAK OFFICE CENTER 1 860 BLUE GENTIAN ROAD, SUITE #290 EAGAN, MN 55121 k; CK-LAW.COM 651-452-5000 651-234-6237 236545v1 AGENDA ITEM Date: August 11, 2025 Title: Request for Proposals - Health Insurance Presenter: Maggie Jin, Finance Director Section: Consent Agenda Item: 9 Purpose: The purpose of this council item is to inform City Council of the upcoming request for proposals for the 2026 health insurance plan for employees. 2. Background: Back in May 2020, the City left the LOGIS health insurance pool and Gallagher broker service with the goal of providing better quality benefits at a more reasonable cost. The City switched to Health Partners through Paychex brokerage. However, in 2022, the rates were showing a significant increase of 25%, thus the City went back to Gallagher as the health insurance broker and transitioned to the Public Employees Insurance Plan (PEIP) for 2022 and 2023 plan years. The City automatically renewed with PEIP for another 2-year term covering 2024 and 2025 plan years. Both years' rates decreased, which was the opposite of market trend. With the April 2024 legislature session, the house, governor, and senate recently passed a new bill for PEIP. Changes to the program includes participants to sign up for a four-year commitment (current is two-year). The new bill also changed the threshold for groups to exit the pool when premiums increase 20% or more (current threshold is 50% or more). To follow best practice, since the City is at the end of its two-year contract with PEIP, the City will be going out for request for proposals (RFP) for employee health insurance plan in August with the anticipated quotes to be received late September. The RFP process is intended to fall in line with receiving Public Employees Insurance Plan's (PEIP) renewal rates. Current trend in health insurance cost is anticipating an average of 9-12% increase, however, can easily exceed 20%. 3. Process: The RFP for health insurance will be conducted by Gallagher with the results to be received in late September. 4. Staff Recommendation: No action is required. This is an information item only. COUNCIL ACTION REQUESTED No action is required. This is an information item only. 56 AGENDA ITEM Date: August 11, 2025 Title: Request for Proposals - Recycling Collection Presenter: Christine Lusian, City Clerk Section: Consent Agenda Item: 10 Purpose: The purpose of this item is to obtain City Council approval to solicit proposals for recycling services. 2. Background: Staff review professional service contracts about every five years and the last time recycling services were reviewed was in 2019. Since then, the city has partnered with Waste Management for residential single -sort recycling collection. While the service has been solid, the purpose of the RFP is to solicit competitive proposals from qualified vendors to ensure cost-effective, reliable, and high -quality service for the residents of Orono. The RFP reflects input from relevant departments. It outlines the scope of services, evaluation criteria, and contract requirements necessary to secure a vendor that aligns with the city's service expectations and budget considerations. 3. Process: Staff recommends forming an ad -hoc committee to review proposals consisting of the City Administrator, Finance Director, and City Clerk. The committee will evaluate proposals and recommend a hauler to the City Council, which will make the final selection. The proposed timeline is as follows: Activity Target Date Solicitation opens August 12 Legal publication August 16 Proposals due August 24 Proposal review August 25-29 Hauler recommendation September 08 Contract approval September 22 Service begins October 01 4. Staff Recommendation: Staff recommends approving an RFP for Recycling Services and establishing an ad -hoc committee to review proposals. COUNCIL ACTION REQUESTED Consider a motion to approve an RFP for Recycling Services and establish an ad -hoc committee to review proposals. 57 AGENDA ITEM Date: August 11, 2025 Title: LA25-000016, 2545 Dunwoody Avenue, Conditional Use Permit - Resolution 7605 Presenter: Matt Karney, Planner Section: Consent Agenda Item: 11 Purpose: The applicant requests a conditional use permit for replacing retaining walls within the lakeshore setback. 2. MN§15.99 Application Deadline: The application was made on April 2, 2025 and deemed complete on April 17, 2025. The 60-day review period has been extended by staff an additional 60 days, to expire on August 15, 2025. The applicant waived their review timeline on July 3, 2025. 3. Background: The applicant requests a Conditional Use Permit (CUP) for a new retaining wall system to support a lake stair where existing walls and a lake stair are in need of repair. The walls are proposed in a similar location to the existing conditions, but will involve a change in material to both the lake stair and walls. A landscape plan has been provided to depict how the walls will be screened from Lake Minnetonka. The primary residence on the property is permitted and currently under construction, as a separate project. The applicant has revised their landscape plan following the July 21, 2025 Planning Commission to address a planting that was found to be on the Department of Agriculture's restricted noxious weeds list. The updated plan is included as Exhibit C. Link to July 21, 2025 Planning Commission Packet 4. Planning Commission Vote and Comment: On May 19, 2025, the Planning Commission held a public hearing and discussed the CUP application. No public comment was made. The Commission noted that the proposed retaining wall improvements were excessive and the application was missing information including a landscape plan and an engineering letter. The Planning Commission voted to table the application to allow the applicant to revise their submittal to address concerns the proposed walls were more impactful than the existing walls to be replaced. (Link to Meeting Video) On July 21, 2025, the Planning Commission discussed the CUP application, following the applicant revising their proposal. The Planning Commission discussed the project, and concluded the revisions made addressed the concerns raised during the first meeting. The Planning Commission voted 4-0 to recommend approval of the CUP, contingent on the applicant submitting an engineer's letter prior to the City Council meeting on August 8, 2025. The applicant has submitted an engineering letter supporting the proposal included as Exhibit D 58 Link to Meeting Video Public Comment: No public comments have been received. 6. Staff Recommendation: Planning Staff recommends approval of the CUP application. COUNCIL ACTION REQUESTED The Council should move to adopt Resolution 7605. Exhibits A. Resolution 7605 B. Engineering Letter C. Landscape Plan D. 7/21 PC Draft Minutes 59 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7605 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT WITH MUNICIPAL ZONING CODE SECTION 6.12.6240 FILE NO. LA25-000016 WHEREAS, on April 2, 2025, on behalf of the property owners Steven M. Hentges and Jeanette M. Hentges, husband and wife (hereinafter the "Owners"), Charles Cudd Co. (hereinafter the "Applicant"), applied for a conditional use permit from the City Code for the property addressed 2545 Dunwoody Avenue and legally described as: Lot 10, Block 8, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the "Property") WHEREAS, the Applicant made an application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 6.12.6240 to construct replacement retaining walls within the lakeshore setback; and WHEREAS, on May 19, 2025, 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 May 19, 2025, the Planning Commission voted 6 to 1 in favor of a motion to table the application for redesign of the walls, vegetative screening and engineering report; and WHEREAS, on July 16, 2025, the Applicant provided a revised site plan and landscape plan addressing the Planning Commission's concerns; and WHEREAS, on July 21, 2025, the Planning Commission voted 4 to 0 in favor of a motion to recommend approval of the revised application, conditioned on the submittal of the engineering report; and WHEREAS, on July 30, 2025, the Applicant provided an engineering report to meet the condition of the Planning Commission's recommendation of approval; and WHEREAS, on August 11, 2025, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 60 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7605 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the application for a conditional use permit to construct replacement retaining walls within the lakeshore setback described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above -mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1 C (One -Family Lakeshore Residential) Zoning District. A3. The lakeside slope on the Property is not defined as a Bluff. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The Applicant proposes 24.93% total site hardcover. A5. The Applicant requests a conditional use permit to construct replacement retaining walls within the lakeshore setback. A6. In considering this application for a conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit 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. CONDITIONAL USE PERMIT ANALYSIS: The City Council may approve a conditional use permit for the construction of retaining walls as long as the walls are: B1. Designed to correct an established erosion problem; the applicant submitted an engineer's letter indicating the walls provide erosion control to the slope and are in a state of disrepair. This criterion is met, and B2. Suitable given the demonstrated need; the proposed retaining walls around the lake stairs are suitable, as they have been redesigned in the location of the existing walls. This criterion is met, and 61 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7605 B3. Designed by a registered engineer or landscape architect, depending on the project scope; the proposed retaining walls were designed by a licensed professional. This criterion is met; and B4. Designed to be the minimum size necessary to control the erosion problem; the proposed walls have been designed to address the existing conditions at a similar size and scale. This criterion is met. Based on the application and the evidence submitted, the Council finds that the proposed use at the proposed location is or will be: B5. Consistent with the community management plan; the proposed walls support a lake access stair and provides stabilization for steep slopes is consistent with the Comprehensive Plan; and B6. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; retaining walls within the lakeyard are permitted where they are deemed necessary to protect the integrity of the slope. The proposed walls meet the conditions imposed by the City Code; and B7. Adequately served by police, fire, roads, and stormwater management; the Property meets this standard, and B8. Provided with an adequate water supply and sewage disposal system; the Property meets this standard; and B9. Not expected to generate excessive demand for public services at public cost; this proposal is not anticipated to impact public services; and B10. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the proposed walls substantially reflect the location and height of the existing walls, and are consistent with the use of the surrounding area; and B11. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the replacement of walls that are in a declining condition is consistent with the character of the surrounding area; and B12. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; 62 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7605 the walls are consistent with the character of other buildings and improvements in the area; and B13. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the walls are proposed in the location of the existing walls with landscaping and a change of material, and should not create an adverse impact on properties in the neighborhood; and B14. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; a landscape plan has been submitted that has been deemed by Staff and the Planning Commission to adequately screen the proposed walls from the lake; and B15. Not create a nuisance that generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposal is not anticipated to create a nuisance; and B16. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the proposal is not anticipated to create excessive traffic burdens on the nearby road network; and B17. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; although not an in -kind replacement, the walls were designed to utilize the location of the existing walls with a change in material, and will be screened adequately to minimize potential impacts; and B18. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the proposal does not include the installation of any exterior lighting; and B19. Not detrimental to the public health, public safety, or general welfare; the proposal does not come at a detriment to the public health, safety, or welfare of residents and landowners of the City of Orono. 63 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7605 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 6.12.6240 to allow for replacement retaining walls within the lakeshore setback. C1. Council approval is based on the entire record and, the above Findings. C2. The approved project shall conform to the site plan and landscape plan submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 Applicant, but are permissive only and must be exercised by obtaining a permit for the proposed retaining walls, commencing construction of said project. A permit must be obtained within one year of the date of Council approval, or the conditional use permit will expire on that date (August 11, 2026). C5. The Applicant agrees to comply with all permitting requirements of all applicable jurisdictions including but not limited to MCWD. Copies of all required permits must be provided to the City with the submittal materials for the permit for the proposed walls. C6. The conditional use permit shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. C7. The undersigned are the owners of the Property and agree to the conditions herein. C8.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. 64 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7605 ADOPTED by the Orono City Council on this 11' day of August, 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 65 Steven M. Hentges, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7605 Jeanette M. Hentges, Property Owner This instrument was acknowledged before me this _ 20, by Steven M. Hentges, husband of Jeanette M. Hentges Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 20_, by Jeanette M. Hentges, wife of Steven M. Hentges. Notary Public day of , day of , 7 66 F l 711 • -- _ _ _ _ - -%��- 1 Q 1 W ti LO UJALL- 0 LO, �w ti LO a� (93 Legend Qty Common Name Flower Grass 12 Grass, Shenandoah 'Flower, Vine 13 Clematis, Purple Shrub, Deciduous 4 Barberrv. Cherry Switch 13 Weigela, Minuet Shrub Evergreen Broadleaf 20 Boxwood, Velvet Green Tree, Evergreen 6 Juniper, Wichita c to Blue �** SAPPHIRE INDIGO LAKE MINNETONKA SLOPE TRAM (LAKE ACGE55) GRA55 5HENANDOAH SWITCH WEIGELQ, MINUET CLEMATIS, SAPPHIRE INDIGO WALLS & STEPS BY OTHERS JUNIPER, WICHITA BLUE BOXWOOD, VELVET GREEN CLEMATIS, SAPPHIRE INDIGO WEIGELA, MINUET - GRA55, SHENANDOAy SWITCH JUNIPER, WICHITA BLUE Revision #: Navarre N Scale: Landscape Plan: Dunwoody Landscape Design by: Mike Kuka Date: 7/11/2025 1/16" = if ` Henges Res. L&K Tree 8c Shrub Inc. GRONBERG & ASSOCIATES, INC. SURVEYING, ENGINEERING AND LAND PLANNING 445 N. WILLOW DRIVE LONG LAKE, MINNESOTA 55356 952.473-4141 FAX: 952-473-4435 July 29, 2025 John Sonnek Charles Cudd Co. 15050 23`d Ave. N. Plymouth, MN 55447 Re: Steven & Jeanette Hentges 2545 Dunwoody Ave., Orono Retaining wall responses 1. The existing limestone retaining walls are in disrepair and are subject to erosion problems. 2. Replacing the existing crumbling limestone walls with heavy stone blocks is suitable for this site for long term sustainability keeping the existing slopes intact. 3. I am a registered professional engineer in the State of Minnesota. 4. The proposed walls are the minimum size necessary to control erosion on site. Sincerely, Gronberg & Associates, Inc. Mark S. Gronberg, PE & LS 69 Legend Qty Common Name Flower Grass 12 Grass, Shenandoah 'Flower, Vine 13 Clematis, Purple Shrub, Deciduous 4 Barberrv. Cherry Switch 13 Weigela, Minuet Shrub Evergreen Broadleaf 20 Boxwood, Velvet Green Tree, Evergreen 6 Juniper, Wichita c to Blue �** SAPPHIRE INDIGO LAKE MINNETONKA SLOPE TRAM (LAKE ACGE55) GRA55 5HENANDOAH SWITCH WEIGELQ, MINUET CLEMATIS, SAPPHIRE INDIGO WALLS & STEPS BY OTHERS JUNIPER, WICHITA BLUE BOXWOOD, VELVET GREEN CLEMATIS, SAPPHIRE INDIGO WEIGELA, MINUET - GRA55, SHENANDOAy SWITCH JUNIPER, WICHITA BLUE Revision #: Navarre N Scale: Landscape Plan: Dunwoody Landscape Design by: Mike Kuka Date: 7/11/2025 1/16" = if ` Henges Res. L&K Tree 8c Shrub Inc. Draft Minutes Planning Commission Regular Meeting Monday, July 21, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 6. OLD BUSINESS 6.1 LA25-000016, CHARLES CUDD CO LLC, 2545 DUNWOODY AVENUE, CONDITIONAL USE PERMIT The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve a Conditional Use Permit for retaining walls. The request was tabled in May, and the plan has been reduced and is closer to an in -kind replacement. Staff recommended making approval contingent upon providing additional engineering information prior to the City Council meeting. The Planning Commission discussed the item and asked questions of staff and the applicant, John Sonnek, Charles Cudd Co., Shorewood. Commissioners said the plan has been reduced from the original proposal and now replaces the existing wall, and the tramway has been moved so it aligns with the recommendations made by the Planning Commission in May. They indicated it is a positive improvement for the property. Tift moved, Prchal seconded, to approve LA25-000016, 2545 Dunwoody Avenue, Conditional Use Permit, contingent on an engineer's letter being submitted. VOTE: Ayes: 4, Nays 0. 71 AGENDA ITEM Date: August 11, 2025 Title: LA25-000023, 1390 Rest Point Road, Variances - Resolution 7606 Presenter: Melanie Curtis, Planner Section: Consent Agenda Item: 12 Purpose: The purpose of this request is to consider variances from the 75-foot lake setback, average lakeshore setback, and rear yard setback to allow construction of an expanded 2nd story addition over the existing home and a minimal increase in the elevation of the existing deck. 2. MN§15.99 Application Deadline: The application was submitted on June 16th, and considered to be complete on June 25, 2025. The 60-day review timeline will expire on August 24, 2025. 3. Background: The property is nonconforming in size. The existing home encroaches lakeward of the average lakeshore setback line (ALS) and the 75-foot lake setback; it also encroaches 10 feet into the required 30-foot rear setback. The new owners are proposing 2nd story additions to increase the living space on the 2nd level of the home while maintaining the existing footprint. They also propose a minimal increase in height of the existing low-level deck to create a level threshold (no step down). No footprint expansions are proposed. Please refer to the Planning Report attached as Exhibit C for a detailed analysis. Page 7 of Exhibit B is a 3D rendering showing the new massing areas. 4. Planning Commission Vote and Comment: On July 21 st the Planning Commission held a public hearing and discussed the requested variances. There were no public comments provided during the meeting. The Planning Commission voted 4 to 0 in favor of approving the variances as applied. The draft minutes are attached as Exhibit D. Public Comment: Public comments were received in favor of the project. Comments are attached as Exhibit E. 6. Staff Recommendation: Staff recommends approval as applied. COUNCIL ACTION REQUESTED Council should adopt Resolution No. 7606, approving the variances as applied. Exhibits A. Resolution 7606 B. Plans + Survey C. Planning Report D. Draft PC Minutes E. Public comment W CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7606 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 6.12.1450 & 6.12.6240 FILE NO. LA25-000023 WHEREAS, on June 16, 2025, on behalf of the property owners, David Charlez Designs (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 1390 Rest Point Road, and legally described as: Lot 4, Subdivision of Lot 14, Rest Point Park, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 6.12.1450 to allow a 2nd story addition to be set back 20.7 feet from the rear, street property line where a 20.7-foot setback exists and 30 feet is required; and WHEREAS, the Applicant has made application to the City of Orono for variances from Section 6.12.6240 to allow a 2nd story addition to be constructed 67 feet from the OHWL, where a 75-foot setback is required over the existing home footprint and 4 feet lakeward of the average lakeshore setback line. A minimal increase in the elevation of the existing deck is also requested within the 75-foot setback to meet the door threshold; and WHEREAS, on July 21, 2025, 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 July 21, 2025, the Planning Commission recommended approval of the requested variances; and WHEREAS, on August 11, 2025, 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: 73 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7606 FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above -mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1 B, One Family Lakeshore Residential Zoning District. A3. The Property contains 0.21 acres in area and has a defined lot width of 65 feet. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The existing hardcover level of 35% will not be changed or increased by this application. A5. Applicant has applied for the following variances: a. Average Lakeshore Setback Variance b. 75-Foot Lakeshore Setback Variance c. Rear, Street Setback Variance A6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS- B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The Property includes difficulties in its area and width, and location of the existing home. No footprint expansions are proposed. The 2nd story within the average lakeshore setback should not further impact the existing views of the lake for the adjacent properties. All proposed expansions maintain the existing building setbacks on the non -conforming property. This criterion is met. B2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The proposed variances for the 2nd story additions are consistent with the comprehensive plan by maintaining the use of the single-family home. 2 74 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7606 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 for variances to expand the home with a 2nd story over the existing footprint (within the setbacks) appears to be reasonable, considering the location and orientation of the subject home, the neighboring homes, and the substandard size of the Property. The additions should not adversely impact the view of the lake for the neighbors compared to the existing condition. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the home results in limited options for additions. The addition to the home over the existing footprint should not impact the view of the lake for the neighbors. The orientation of the roof and the conforming side yard setbacks will allow more air and open space between the subject home and 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 2nd story over the home, with no footprint expansions, that will not adversely impact the character of the neighborhood. 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." 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 for property in the zone where the affected person's land is located." This condition is not applicable, as a single-family home is an allowed use in the LR-1 B District. B7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 3 75 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7606 B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property's short depth, the existing home location and proximity to the lakeshore, and the relationship to adjacent homes create difficulties for 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 Property's substandard area and width, shallow depth, the location of the existing home, adjacent homes, and the home's proximity to the lake create difficulties for the owners B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the setback variances to construct a 2nd story over the existing footprint is necessary for the preservation of the owners' property rights. 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 and do not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 6.12.1450 and 6.12.6240 to allow construction of a 2nd story addition to the home over the existing footprint 20.7 feet from the rear property line and 67 feet from the OHWL, and a minimal increase in the height of the grade - level deck 54 feet from the OHWL, subject to the following conditions: C1.Council approval is based on the entire record, above Findings. C2.The approved project shall conform to the survey dated 10/25/2021 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. C3.Any amendments to the plans that do not conform to City codes may require additional review by the Planning Commission and City Council. 4 76 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7606 C4.Authorities granted by this resolution run with the Property, not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variances will expire on that date (August 11, 2026). 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 111" day of August 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 5 77 CERTIFICATE OF SURVEY FOR DREW HUELER OF LOT 4, SUBDIVISION OF LOT 14 REST POINT PARK HENNEPIN COUNTY, MINNESOTA ,9'�ryA3,7 LEGAL DESCRIPTION OF PREMISES : Lot 4, SUBDIVISION OF LOT 14, REST POINT PARK • : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum —917--: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house and garage, spot elevations and topography, and all Visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. 9,289 SQ. FT. LOT —93& — i LAKE MINNETONKA WEST ARM 0 20 40 80 S C A L E I N F E E T G R 0 N B E R G AND hereby certify that this plan, specification, or report sc� was prepared by r under my direct supervision, 1••=20• ASSOCIATES, INC. and that l a d" y Lcensed Land Surveyor under the laws of the State is Minnesota. DATE CONSULTING ENGINEERS, LAND 10-25-21 SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE .we No. LONG LAKE, MN. 55356 21-255 952-473-4141 Mark S. Gronberg Minnesota Lice a Number 12755 21-255 78 AN • D nV/ w::: �� ,� r 5( �u �IFFIM kill - W 0 v A v £o � U � soup 000xs c� _ � l a 3 n o v � g � o I Z REf/F ON000 z��o DO> ZED v n rn � O Irll rn N r O O ran Z8 ------------------------------------- I I �------------------- I I I I I I I I I I I I I I I I I I I I I I I I I ------------ I I I I I I I I I I I I I I I I I I I IEll I I I I I JI I 3 I I I ------------ r8l: I I I I I I I I c I I I I JL O I-=1i I r I I � I rh � I I I I � I L----__-----_---___--J ----------------------- G F x 3 a� ro F Y q�y III 0, Y F II O� I u O � I z ] I ----------- 0J N V X,0!DZ c m<0O A v V OmNr�m '_ X7 Z Z c D ON 0 T 3 i m r 0 >omo X7 0 Z m � r 2 O < Z 0 O ' cn £s r I I ------------ 7 I I I I I I I I I I I c I I--h —7 7C7 I�-FI rC—n r— W c0 W U) n I I I I I I i 8 c0 n rh C 77 WWJ vs [elm CERTIFICATE OF SURVEY FOR DREW HUELER 4, SUBDIVISION OF LOT 14 REST POINT PARK HENNEPIN COUNTY, MINNESOTA zjj�, �o NI O(931.9 ' DRIVEWA i / ? •1`L1 / EXISTING; HOUSE #1398 PATIO �IH �9JyEc• DRIVEWAY \ \ BLACKTOP DRIVEWAY a � S)J 1936.0GARAGCQ� c� FL00RE (0 (933.6) BRICK � ° 9 WALK (C) `�•1pOP �0c� `881 MAIN 35.0) EXISTING CPm HOUSE #1390 (A) FLOOR LEVEL= (936.5�, RAISED DECK (E) SE y33A�a SETBACK LINE (933.1) \WEL CEO WOOD (935.0) / (934.8) / / g�k `gag 3) EXISTING HOUSE #1386 J� l qu,\ -940— .6 \ -938— / / — — --936- / (933.2) -934 — �l I 593� �LN V ..''•929.4 CONTOUR LINE (O.H.W.) / LEGAL DESCRIPTION OF PREMISES : Lot 4, SUBDIVISION OF LOT 14, REST POINT PARK • : denotes iron marker found (908.3) : denotes existing spot elevation, mean sea level datum 917- —: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house and garage, spot elevations and topography, and all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. 9,289 SQ. FT. LOT LAKE MINNETONKA WEST ARM 0 20 40 :i S C A L E I N F E E T UAIt Ut'UKIV IIV" G R N B E R G AND ASSOCIATES, IN C H CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE LONG LAKE, MN. 55356 952-473-4141 I hereby certify that this plan, specification, or report was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 1 SCALE 1 "=20' DATE 10-25-21 JOB No. 21-255 Mark S. Gronberg Minnesota LiceryCe Number 12755 21--255 aL ;4Z 'np Ic A di IL L4� '.L A .. sei 'k 1 4 _id y. TWO I 4t ski kI 7k . 14- v . i�lliii�i'��!ji►'�[�l1 L IIIIIIIIM- 4A dL p I.E? I �1 I y!# T F • r .. � a fi L -Wf . � - - ... - - -Y-- ,.,�. 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' I 2 ', 4 l rr, �j 4' �r", 4.,t �Y_ it } j.y�, 1 �•, ,.J y J} �I 4`. - 7, th' 1 * `t5 i - y�y���+� '#, #h I y y,," .1 Ti.. I .,J ,1 , I. f J' 'L ' 1 4 . J ' r 1 { iu if i __ " . , .. , Y�17�'�' +++r l '�..:�a,_+'T.,, •I-.Yl.il .&t.4.4i, 1-1' 00-4 *4 A I S .iIk '..f'��1�.�; . 60 # AV, .� �7� l �r r{1i .. r � DCD� \ST. 2��/� J . Jr+' r• l • . Ik ., -- I 4 ' J. ++ {, 4 1i I. - i I., ... r _ fr'.'l A. -4 '_ C' •fir J�. ii11 .'1 T . i 'A � �`4#- l`; 4 +- -.. l 1},�: R F . ' " 5 �D11f1�1 Rf�IUDfL I cpiQi m 2 AN LNU - PPOPOSM 1 /41' = 1'-011 NOTE: MODIFIED SPACES DO NOT ADD TO THE EXISTING MAIN LEVEL FOOTPRINT. I S P R I Notes: Dimensions details and conformation to all local codes are to be verified b owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material workmanship, code adherence safety, water proofing, insulation radon mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified b the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the Y P 9 9 P Y 9, 9, Q tY P. Y. P 9, 9 P 9 P 9 tY fY rY 9. 9 P Y 9 9 home. All door and window size area approximate rough openings. S ecific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturers specified installation techniques and in accordance with local building codes. Optional items may be shown on the home within the landscaping/site Ian or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2025. Do not replicate with out permission 952 428-8200. David Charlez Design retains rights to all Tans and detail shown. PP 9P rY 9P p P rY Y P 9 P P Q 9 P YP 9 P P Y 9 p P i ) 9 9 P I I I I I I I I I I I I I I I I I I I I I I I I I I I I I J J J I I I I I I I I I I I I J 1 � upptp DU - MON 1 /4" = 1'-0" I I I I I I I I J N CD co F- N (V O (V M I I I I I I I I 4'-5 1 /4" NEW WINDOW 12'-0" 34'-11 1 /4" NEW WINDOWS 34'-11 1 /4" 30'-6" 22'-11 1 /4" N O O N N M b) N N z UPPfP IfVfl PROPOSED NOTE: ADDITIONS TO UPPER LEVEL SHALL BE CONSTRUCTED WITHIN THE EXISTING MAIN LEVEL FOOTPRINT. I S P R I Notes: Dimensions details and conformation to all local codes are to be verified b owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material workmanship, code adherence safety, water proofing, insulation radon mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified b the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the Y P 9 9 P Y 9, 9, Q tY P. Y. P 9, 9 P 9 P 9 tY fY rY 9. 9 P Y 9 9 home. All door and window size area approximate rough openings. S ecific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturers specified installation techniques and in accordance with local building codes. Optional items may be shown on the home within the landscaping/site Ian or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2025. Do not replicate with out permission 952 428-8200. David Charlez Design retains rights to all Tans and detail shown. PP 9P rY 9P p P rY Y P 9 P P Q 9 P YP 9 P P Y 9 p P i ) 9 9 P I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ISPIRI 90 Notes: Dimensions details and conformation to all local codes are to be verified b owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material workmanship, code adherence safety, water proofing, insulation radon mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified b the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the Y P 9 9 P Y 9, 9, Q tY P. Y. P 9, 9 P 9 P 9 tY fY rY 9. 9 P Y 9 9 home. All door and window size area approximate rough openings. S ecific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturers specified installation techniques and in accordance with local building codes. Optional items may be shown on the home within the landscaping/site Ian or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2025. Do not replicate with out permission 952 428-8200. David Charlez Design retains rights to all Tans and detail shown. PP 9P rY 9P p P rY Y P 9 P P Q 9 P YP 9 P P Y 9 p P i ) 9 9 P BUILDING VOLUME @FRONT VOLUME ADDED TO STREETSIDE ELEVATION = 81557 CUBIC FT. IT VIJIL.LJII `I\-/ V \/LIJIVIL /-\I\I/-\L 1\L-"I\ BUILDING VOLUME @REAR VOLUME ADDED TO LAKESIDE ELEVATION = 5,275 CUBIC FT. YELLOW AREAS 10 INDICATE PROPOSED VOLUME ADDITION I S P I R I 91 Notes: Dimensions details and conformation to all local codes are to be verified b owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material workmanship, code adherence safety, water proofing, insulation radon mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified b the manufacturer and their licensed engineering staff. Is is also recommended that a licensed contractor be commissioned to construct the Y P 9 9 P Y 9, 9, Q tY P. Y. P 9, 9 P 9 P 9 tY fY rY 9. 9 P Y 9 9 home. All door and window size area approximate rough openings. S ecific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturers specified installation techniques and in accordance with local building codes. Optional items may be shown on the home within the landscaping/site Ian or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2025. Do not replicate with out permission 952 428-8200. David Charlez Design retains rights to all Tans and detail shown. PP 9P rY 9P p P rY Y P 9 P P Q 9 P YP 9 P P Y 9 p P i ) 9 9 P Date Application Received: 06/16/2025 Date Application Considered as Complete: 06/25/2025 60-Day Review Period Expires: 08/24/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC Date: 21 July 2025 Subject: #LA25-000023, David Charlez Designs o/b/o Mark Stadheim, 1390 Rest Point Road Variances Public Hearing Application Summary: The applicant is requesting variances from the 75-foot (lake) setback, average lakeshore setback, and rear yard setback to construct an expanded 2nd story addition over most of the existing home and a minimal increase in the elevation of the existing deck. Staff Recommendation: Planning Department Staff recommends approval. Background The property is nonconforming in size, and the existing home encroaches lakeward of the average lakeshore setback line (ALS) and the 75-foot lake setback. It also encroaches 10 feet into the required 30-foot rear setback. The new owners are proposing 2nd story additions to increase the living space on the 2nd level of the home while maintaining the existing footprint. They also propose a minimal increase in height of the existing low-level deck to create a level threshold (no step down). No footprint expansions are proposed. BUILDING VOLUME @ FRONT YELLOW AREAS INDICATE PROPOSED VOLUME ADDITION 07 92 FILE #LA25-000023 21 July 2025 Page 2 of 5 Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing conditions and substandard lot size as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties (Exhibit C), they have provided a written narrative (Exhibit B), and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds that the existing conditions (the nonconforming size and depth of the lot and existing home location) may support the requested setback variances. The request for variances to expand the 2nd story of the home over the existing footprint appears to be reasonable, considering the location and orientation of the subject home, the neighboring homes, and the substandard lot size. The additions should not adversely impact the view of the lake for the neighbors compared to the existing condition. LOT ANALYSIS WORKSHEET Section 78-330 + 78-1279 — Setbacks: LR-1B Required Existing Proposed Lake 75' 67' home No change 54' grade level deck Rear/Street 30' 20.7' No change Northeast Side 7.5' * 10.7' No change Southwest Side 7.5' * 12.1' No change The existing home encroaches approximately 4 feet lakeward of Average Lakeshore the ALS. The proposed expansions will not encroach closer toward the lake. * 65' wide lot/Exception 78-330(b)(1) Section 78-330 — Lot Area/Width: 1-11-113 Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 9,289 s.f. (acre) 65' @ 75' / 65'@ OHWL Section 78-1403 — Structural Building Coverage: Total Lot Area Total Structural Coverage 9,289 s.f. (0.21 acre) Allowed: 2,000 s.f. [Sec 78-1403(a)(2)] Existing: 1,913 s.f. Proposed: 1,913 s.f. Section 78-1680 and 78-1700 — Hardcover Calculations: Stormwater Total Area Allowed Proposed Overlay District Existing Hardcover in Zone Hardcover Hardcover Tier Tier 1 9,289 s.f. 2,322 s.f. 3,252 s.f. 571 s.f. w/in 75' No change (25 %) (35%) 93 FILE #LA25-000023 21 July 2025 Page 3 of 5 Applicable Regulations: 75-foot Lake Setback + Averaee Lakeshore Setback Variance (Section 78-1279 The purpose of the average lakeshore setback requirement is to protect and preserve views of the lake over a subject property from the neighboring homes. The applicant is proposing to expand the existing home upwards, which will result in new encroachments into the lake and the average lakeshore setback area. The expanded 2nd-story will not increase the overall roof peak height. No changes to the existing footprint of the home are proposed. The new encroachments will maintain the existing building setbacks. The minor increase in deck height will not impact views of the lake over the subject property for the neighbors. Rear Yard Setback Variance (Section 78-330) The existing home is situated 20.7 feet from the street property line where a 30-foot setback is required. The proposal will not increase the encroachment. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The Property includes difficulties in its area and width, and location of the existing home. There are no footprint expansions. The 2nd story within the average lakeshore setback should not further impact the existing views of the lake for the adjacent properties. All proposed expansions maintain the existing building setbacks on the non- conforming property. This criterion is met. 2. The variance is consistent with the comprehensive plan. The proposed variances for the 2nd story additions are consistent with the comprehensive plan by maintaining the use of the single-family home. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request for variances to expand the home with a 2nd story over the existing footprint (within the setbacks) appears to be reasonable, considering the location and orientation of the subject home, the neighboring homes, and the substandard lot size. The additions should not 94 FILE #LA25-000023 21 July 2025 Page 4 of 5 adversely impact the view of the lake for the neighbors compared to the existing condition. b. There are circumstances unique to the property not created by the landowner; The location of the home results in limited options for additions. The addition to the home over the existing footprint should not impact the view of the lake for the neighbors. The orientation of the roof and the conforming side yard setbacks will allow more air and open space between the subject home and neighboring homes. The circumstances are unique to the Property, and c. The variance will not alter the essential character of the locality. The variances are requested to permit the construction of a 2nd story over the home, with no footprint expansions, that will not adversely impact the character of the neighborhood. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a single-family home is an allowed use in the 1_11-113 District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The Property's short depth, the existing home location and proximity to the lakeshore, and the relationship to adjacent homes create difficulties for improving the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Property's substandard area and width, shallow depth, the location of the existing home, adjacent homes, and the home's proximity to the lake create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the setback variances to construct a 2nd story over the existing footprint are necessary for the preservation of the property rights of the owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variances are necessary and do not merely serve as a convenience to the Applicants. 95 FILE #LA25-000023 21 July 2025 Page 5 of 5 The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant provided signed acknowledgement forms from three closest neighbors (Exhibit H). A letter in support of the project was received from the owners of 1405 Rest Point Road; no other public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner that is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances as applied. 96 Minutes Planning Commission Regular Meeting Monday, July 21, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Chair Pro Tern McCutcheon called the meeting to order at 6:00 p.m., followed by the Allegiance. 1. ROLL CALL Orono Planning Commission members present: Alternate Planning Commissio ro Tern Mark McCutcheon, Commissioners Thomas Brandabur, Kelly Prchal, and S Cha Bollis and Commissioners Jon Ressler, Andrew Jarnot, and Shane Weltzin were ab Staff present: Community Development Director Laura Oakden, �W� er Melanie Curtis, Planner Matthew Karney. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA Brandabur moved, Prchal seconded, to approve the Agenda. Vl�yes 4, Nays 0. 4. Tift moved, Prchal seconded, to approve June 16, 2025. VOTE: Ayes 4, Nays 0. meeting of 5. PUBLIC HEARIN 5.1. LA25-000023 EZ DESTIC/B/CO MARK STADHEIM, 13 90 REST POINT ROAD, V CES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve variances to construct an expanded second level and slightly raised deck. The lot is non- conforming, and the addition would not be higher than the existing roofline or be closer to the lake, or enlarge the footprint of the home. VThe Planning Commission discussed the item and was invited to ask questions of staff and the applicant, ave Zweber of David Charlez*Desi.Chair McCutcheond the earing at 6:05 p.m. Ehere were public comments. the public hearing at 6:05 p.m. the plan did not expand the roofline or footprint, and is supported by the Prchal moved, Brandabur seconded, to approve LA25-000023, 1390 Rest Point Road, Variances. VOTE: Ayes: 4, Nays 0. Page 1 of 4 97 e Neighbors Name(s): Neighbors Address: � oyi have rev+ewed the proposed prfansforthe property at 1390 Rest Pt. Road. � I understand that the property footprint is not increasing and that the added structure is stacking over the existing main level and garage. I also understand that the deck platform is raising roughly 8" from it's current height. I support of the project as proposed. (Dat f� VOLUME ADDED TO 5TREETSIDE ELEVATION - 7.494 CUBIC FT. ' Bul"NG VOLUME AR64L FRONT BUILDING VOLUME ® FROM BUILDING VOLUME ARIAL REAR i YELLOW AREAS INDICATE PROPOSED VOLUME ADDITION IRI Neighbors Name(s): Tami Greiber Neighbors Address: 1398 Rest Point rd. Mound, MN 55364 1, Tami Greiber have reviewed the proposed plans far the property at 1399 Rest Pt. Road. I understand thatthe property footprint is not increasingand thatthe added structure is stacking overthe existing main level and garage. I also understand thatthe deck platform is raising roughly 8" from it's current height. I support of the project as proposed. 6/1412025 (Signature) (Date) 99 NeNgnDcrs ware(-S�: Neighbors Address; �-S 'I 0 0 r V if ;V _ 42E- I have reviewe-d the proposed plans for tho property at 1390 Rest Pt I understand treat the property footprint is not increasing and that the added structure iS stacking OvOr tine main level and garage, l also understa nd that t h o dock platfofrt1 is ralc;ing foij:ghty 8 " frorn it's cufrerLt ri�ig l suPpOrt Df the projieatas proposed_ David A. and Kathryl L. Wiemer 1405 Rest Point Road Mound, MN. 55364 612-845-3901 July 10, 2025 G3C�C�L�D JUL 15 2025 CITY OF ORONO Regarding; LA25-000023 —1390 Rest Point Road construction proposal (Hearing) CITY OF ORONO 2750 Kelley Parkway Orono, MN. 55356 Dear Melanie Curtis and Planning Commission, Since we are unable to attend the July 2111 meeting in person, we would like to submit comments via letter. Kathy and I reside directly across the street from the proposed land use application. We have reviewed the drawings and elevations provided by the homeowner and are very much in favor of the enhancements that they are planning. It is our understanding the project stays within the existing footprint of the dwelling. The project when completed is in keeping with the character of the neighborhood and will provide them more usable space without altering or hampering our, or our neighbors sight -lines. Thank you for this opportunity to provide input. Dave and Kathy Wiemer T 0 T AGENDA ITEM Date: August 11, 2025 Title: LA24-000069, 2300 6th Avenue N, Green Haven Farm, Final Plat - Resolution 7604 Presenter: Melanie Curtis, Planner Section: Consent Agenda Item: 13 Purpose: The applicant has completed the requirements outlined in Preliminary Plat Approval Resolution 7542 (File #LA24-000040), submitted the required documents and information, and paid the required fees. They request final plat approval for Green Haven Farm. 2. Background: The applicant is proposing a 2-lot subdivision of the property at 2300 6th Avenue North to create one additional buildable lot. The proposed access to both lots will be a shared driveway over the existing access on 6th Avenue North. The existing home will remain on proposed Lot 2. A new home is proposed on Lot 1; the existing oversized barn is proposed to remain, and the shed will be removed. On December 9, 2024, the City Council approved Resolution 7542 (Exhibit C), approving the 2- lot subdivision at 2300 6th Avenue North to be named Green Haven Farm. 3. Staff Recommendation: The applicant has provided all of the necessary information and documentation to fulfill the final plat application requirements. Staff recommends approval as applied. COUNCIL ACTION REQUESTED Council should make a motion approving the final plat of Green Haven Farm and authorize the Mayor to sign the mylars. Exhibits A. Resolution 7604 B. Final Plat Green Haven Farm C. Resolution 7542 - Prelim Plat D. Payment Detail 102 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7604 A RESOLUTION APPROVING THE PLAT OF GREEN HAVEN FARM FILE NO. LA24-000069 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic, and safe development of land within the City; and WHEREAS, Eva Kotilinek (hereinafter the "Developer") represents Barry and Robin O'Rourke, the owners of the property addressed 2300 6t" Avenue North within the City of Orono (hereinafter the "City") and legally described as: All that part of the southwest quarter (sw 114) of Section Twenty -Seven (27), Township One Hundred Eighteen (118), Range Twenty -Three (23), beginning at the quarter section post of the southwest and northwest Quarters of said Section Twenty -Seven (27); thence running South on the Section line 36.3 perches to the Minneapolis and Fort Ridgely Road; thence along said road North 89 118 degrees east and 60.2 perches; thence Due North 33.1 perches to the quarter section line of the northwest and southwest quarter of said section; and thence along said quarter section line 60 114 perches to the place of beginning, except the West 300 feet thereof and except roads, according to the Government survey thereon, Hennepin County, Minnesota (Doc. No. 5993396) (hereinafter the "Property"); WHEREAS on July 16, 2024, the Developer applied for Preliminary Plat approval to subdivide the Property into two (2) buildable lots. WHEREAS, at its regular meeting on December 9, 2024, the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 7542 on the Consent Agenda by a 4 to 1 vote; and WHEREAS, on December 16, 2024, the Developer applied for final plat approval. The final plat application was deemed to be substantially complete on August 4, 2025; and WHEREAS, the Developer has agreed to comply with all conditions of Resolution No. 7542 and has completed or has agreed to complete all other requirements of the platting regulations of the City. 103 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7604 NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution No. 7542, the Orono City Council and the City of Orono do hereby approve the plat of GREEN HAVEN FARM, Hennepin County, Minnesota (a copy of which is attached as Exhibit A), subject to the following conditions: 1) Development within GREEN HAVEN FARM is subject to the Conclusions, Orders, and Conditions enumerated within Preliminary Plat Resolution No. 7542 dated December 9, 2024. 2) Dedication on the plat of the perimeter Drainage and Utility Easements as required in Resolution 7542. 3) Establishment of a Private Driveway Easement and Maintenance Agreement over the shared driveway to serve both lots. 4) The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 5) Minnehaha Creek Watershed District (MCWD)-approved permits for the grading, stormwater management facilities, stormwater pollution prevention plan (SWPPP), and erosion control plan shall be submitted as needed. 6) A title opinion for the Property and certified copies of all recorded easements currently affecting the Property have been submitted. 7) A demolition permit must be issued and final inspection completed for the shed to be removed on Lot 1 before issuance of the new home and septic system permits for Lot 1. 8) The properties are not within the MUSA and will be served by private water supply wells and septic systems. 9) Payment of Development Fees Required: Total: $14,420.81 a. Final Plat application fee: $550.00 (2024 application fee). b. Park Dedication Fee: $3,310.81. c. Stormwater and Drainage Trunk Fee: $8,060.00 d. Final Plat Escrow: $2,500.00 10) The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director, and City Engineer that all requirements of the platting regulations have been satisfied. 104 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7604 11) According to City Code Section 6.20.550, the aforesaid plat shall be filed by the City of Orono with Hennepin County within one year of Council approval (on or before August 11, 2026), together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. 12) 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 111" day of August, 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 105 \ i C\l k } j § / I \\ / / ]#( f \ Cl) \t , !!; ! -/! j\ j \ ' _ ' e § . ( ° \ \ \\ _ \ \ - \ a w - _ : : ) � _: // _ - - - z \/ LU \ y / � \ /! k ! &! ! \ \) : { } ` § LU \ $ / a LU Z. Z./ 2 to -: q §7 )/ \ \\ ;!!! ) \ E j : \|/ - \ §!|, \} to = o E\ !/\ # !!p! 44_§ \ } _ )\}LLI \k\//\� \\\� _\)i // \\j )} { °\/\ \ ^ - - \\//\ \ \\ \} \} \ \ o /\/ 106 CO w w Um CO OE 1. N5 m w LL O Z �� E_ a� " O oo „�E Wo w LLJ W -ziJ ¢ 2 a -o z. __ __ ___ __ i _________________________ - u . ... r... ... .._. ' .iA WH000 H)(S3HOd3d l'EE)SL'96S 3<0N -------------------------------------------------------------------- ('SV3W) 90'M 3.90.0600N ' ._ C0 Zcr w uj Z Ja 7 r (n O Ig > LU CL cr10 z CV o cn % z cl Z C = - Q G U LU LU z w mRw > \ <wl l Z a Z m W O° 535.63 ________ _ z LU------------ LU _______ _ _____________ ____ aV - ---------- NW a � otf _ LU 3pg =I e X m wn --------------------------------------------------------------- ------------------------------------------ Of-"'._.... UU ¢Um p :� 99'f993 3.Sf.0 Lo00 N ¢ - _ U \,j \ z, NW p0 3w 3�vwi o =m Oo Ow 107 GREEN HAVEN FARM KNOW ALL PERSONS BY THESE PRESENTS: That Barry M. O'Rourke and Robin L. O'Rourke, husband and wife, fee owners of the following described property: All that part of the Southwest Quarter of Section 27, Township 118, Range 23, Hennepin County, Minnesota, beginning at the quarter section post of the Southwest and Northwest Quarters of said Section 27; thence running South on the Section line 36.3 perches to the Minneapolis and Fort Ridgely Road; thence along said road North 89 1/8 degrees East and 60.2 perches; thence due North 33.1 perches to the quarter section line of the Northwest and Southwest Quarters of said Section; and thence along said quarter section 60 1/4 perches to the place of beginning, except the West 300 feet thereof and except roads, according to the Government Survey thereof. Have caused the same to be surveyed and platted as GREEN HAVEN FARM, and do hereby dedicate to the public for public use the public way and the drainage and utility easements as created by this plat. In witness whereof said Barry M. O'Rourke and Robin L. O'Rourke, husband and wife, have hereunto set their hands this day of , 20 Barry M. O'Rourke Robin L. O'Rourke STATE OF COUNTY OF This instrument was acknowledged before me this Signature Notary Public, My commision expires day of , 20 , by Barry M. O'Rourke and Robin L. O'Rourke. Notary's printed name County I Mark S. Gronberg do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat, Dated this day of , 20 Mark S. Gronberg, Licensed Land Surveyor Minnesota License Number 12755 STATE OF COUNTY OF This instrument was acknowledged before me this day of , 20 by Mark S. Gronberg. Signature Notary's printed name Notary Public, County My commision expires City Council, City of Orono, Minnesota This plat of GREEN HAVEN FARM was approved and accepted by the City Council of the City of Orono, Minnesota, at a regular meeting thereof held this with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City Of Orono, Minnesota Mayor , Clerk COUNTY AUDITOR, Hennepin County, Minnesota I hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat, dated this day of Daniel Rogan, County Auditor By Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 383B.565, (1969), this plat has been approved this day of , 20 Chris F. Mavis, County Surveyor By COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plat of GREEN HAVEN FARM was recorded in this office this day of Amber Bougie, County Recorder By Deputy , 20, day of -, 20 , and said plat is in compliance 20 , at o'clock . M GRONBERG & ASSOCIATES, INC. ENGINEERS, LAND SURVEYORS, PLANNERS SHEET 1 OF 2 SHEETS FOUND HENN. CO. MONUMENT C.I.M.-- WEST 1/4 COR. SEC. 27-118-23 WEST LINE OF THE SW 1/4--------------�— SEC. 27-118-23 w s U w a M co 00 LO w LO v 0 0 0 0 z DESCRIBED CENTERLINE OF N 89018'15" E 993.30 (60.2 PERCHES) MINNEAPOLIS AND FORT RIDGLEY ROAD GRONBERG & ASSOCIATES, INC. ENGINEERS, LAND SURVEYORS, PLANNERS fers to dimensions in Document ;96, recorded in the office of the ler, Hennepin County, Minnesota. utility easements shown thus: I I I I 15 51 --J L----- o I width, and adjoining lot lines, bet in width, and adjoining public therwise indicated on this plat. JOT TO SCALE �t 1/2 inch by 14 inch iron pipe marked by MN Lic. No. 12755 and iron marker as noted and Henn. Co. C.I.M .INE OF THE SW 1/4 OF 23 IS ASSUMED BEARING OF N 0010'45" E SHEET 2 OF 2 SHEETS CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7542 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PROPERTY LOCATED AT 2300 6T" AVENUE NORTH FILE NO. LA24-000040 WHEREAS, Eva Kotilinek (hereinafter the "Developer") on behalf of Barry O'Rourke and Robin O'Rourke, the owners of the property addressed 2300 61 Avenue North and legally described as: All that part of the southwest quarter (sw 1/4) of Section Twenty -Seven (27), Township One Hundred Eighteen (118), Range Twenty -Three (23), beginning at the quarter section post of the southwest and northwest Quarters of said Section Twenty -Seven (27); thence running South on the Section line 36.3 perches to the Minneapolis and Fort Ridgely Road; thence along said road North 89 1/8 degrees east and 60.2 perches; thence Due North 33.1 perches to the quarter section line of the northwest and southwest quarter of said section; and thence along said quarter section line 60 1/4 perches to the place of beginning, except the West 300 feet thereof and except roads, according to the Government survey thereon, Hennepin County, Minnesota (Doc. No. 5993396) (hereinafter the "Property"); WHEREAS on July 16, 2024, the Developer applied for Preliminary Plat approval to subdivide the Property into two buildable lots. WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on November 18, 2024, the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on November 18, 2024, the Planning Commission reviewed the application and recommended by a vote of 4 — 0 that the City Council grant preliminary plat approval as applied; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on December 9, 2024, and hereby makes the following findings with regards to this application: FINDINGS Al. This application was reviewed as Zoning File LA24-000040. 110 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N0.7542 A2. The Property is guided in the 2040 Orono Community Management Plan (CMP) for Rural Residential, 1 unit per 2 acres. The proposal involves the creation of 2 lots at 0.23 units per acre. The proposal is consistent with the comprehensive plan. A3. The proposal is consistent with surrounding development. A4. The Property is not located within the MUSA and will be served with private on -site septic systems and private water supply wells. A5. The Property is zoned RR-1 B Single Family Rural Residential District, which requires a minimum lot area of 2 acres and minimum lot width of 200 feet. A6. The Property contains a total area of approximately 368,517 s.f. or 8.46 acres and has a width of approximately 692 along 61h Avenue North. A7. The proposed plat would create one new buildable lot. There are no identified wetlands or bluffs on the Property. The proposed lots meet the minimum zoning district standards. a. Lot 1 is proposed to be 3.06 acres and will have 268 feet in width. b. Lot 2 is proposed to be 5.4 acres and will have 424 feet in width. A8. Access to both new lots will be via a single shared driveway entrance from 61h Avenue North. CONCLUSIONS, ORDERS, AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for a 2-lot subdivision per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated October 21, 2024 and attached hereto as Exhibit A, subject to the following conditions: 131. Lot Standards. Any proposed improvements must meet all setbacks requirements of the Zoning Code. 132. Shared Driveway Access. Driveway access to Lots 1 and 2 shall be a shared driveway utilizing the existing driveway on Lot 2. All other curb cuts or access points onto the adjacent County Road shall be removed. The Developer shall establish the appropriate shared driveway easements and maintenance covenants over the shared driveway area identified on Exhibit A. 133. Drainage and Utility Easements. On the final plat, Drainage and Utility Easements shall be dedicated to the public 10 feet along all exterior property lines, and 5 feet either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. If applicable, Drainage Easements shall be granted over any 111 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7542 SHO stormwater facilities required by the Minnehaha Creek Watershed District; the Drainage Easements shall be shown on the Plat. 134. Removals. A demolition permit must be issued and final inspection completed for the shed to be removed on Lot 1 prior to issuance of the Septic System permit for Lot 1. 135. Development Fees. *Final fee amounts will be provided at the time of Final Plat. a. Park Dedication Fee. The subdivision is subject to the standard Park Dedication Fee requirement. The Park Dedication Fee is outlined in the City's current Fee Schedule and applied to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin County assessed value of the predeveloped land. The Park Fee for Lot 1 will be based on the current Fee Schedule at the time of Final Plat approval. b. Stormwater and Drainage Trunk Fee The development is subject to the Stormwater and Drainage Trunk Fee, as established in the City's Official Fee Schedule at the time of Final Plat approval. Currently, based on the 2024 Fee Schedule, the development of a property within a 2- acre residential zone requires payment of $8,060 per each new lot and as proposed, the Developer will be subject to payment of a SWDT fee for one new lot or $8060.00. 136. City Engineer Approval. Approval of the plat is subject to recommendations of City Engineer Adam Edwards. B7. Plans and Specifications. The plans and specifications submitted for review and approval by the City and other appropriate jurisdictions prior to approval of the Final Plat. B8. Expiration. The Preliminary Plat approval granted by this Resolution shall expire one-year from the approval date or December 9, 2025. FINAL SUBMITTALS The following list of final submittals must be submitted to the Community Development Department at least four (4) weeks prior to the regularly scheduled Council meeting (on the second and fourth Mondays of the month). The required submittals are as follows: C1. Record plat drawings in the form of (1) to -scale digital copy; two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County); and one (1) copy reduced to 1" = 200'. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Gronberg & Associates, Inc., dated October 21, 2024 attached hereto as Exhibit A, except as modified herein. iIFIA CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7542 b. Dedication of Drainage and Utility Easements 10' along exterior property lines and 5' along the interior property line, with exceptions and additions as noted herein. c. Dedication of Drainage Easements over all drainageways. d. Naming of plat. C2. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. Executed Private Driveway Easement and Maintenance Agreement. c. The Developer must provide certified copies of all recorded easements currently affecting the Property. C3. Plat approval fees to be paid: Total due: ** Final Plat development fees will be determined by the official fee schedule at the time of Final Plat review. a. Final plat fee: $800.00 b. Park Dedication Fee: $ ** c. Stormwater and Drainage Trunk Fee: $ 8,060.00** d. Final Plat Escrow: $2,500.00 C4.This Approval shall be effective until December 9, 2025 per the provisions of Zoning Code Section 82-116. If Final Plat Approval is not granted by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. ` ADOPTED by the Orono City Council on this 9th day of December, 2024. ATTEST- CITY OF ORONO: Chriotine L�City Clerk Dennis Walsh, Mayor 4 113 N 00* 10' 45" E t f 1. 11 - - - - - - - - - --- ;7 ' > *k - - _4 9 --s 00. 10'45" W 514.56 pq & a zz 8-- ]Resol7542 y =JExhibit A ILA24-000040 ffi ----------- (D JNBERG & ASSOCIATES, INC IL ENGINEERS;: LAND SURVEYORS, LAND VUIN211 N5 ­kl ­QW DRIVE LONC LANE,: W 55158 9.92-473-4141 114 1 8/5/25, 10:08 AM S � �5 �1 Permit LA24-000069 Number: Customer Eva Kotilinek Name: Address: 2300 6th Avenue North Description: Final plat subdivision File M 24-001682 Permit Details I Citizenserve CITY OF ORONO 2750 KELLEY PARKWAY, ORONO, MINNE50TA 55356 www.oronomn.goer Fees: Description Subdivision - Final Plat Application Fee Escrow Fee Misc Fee Park Dedication Fee Misc Fee Stormwater Drainage Trunk Fee Date: August 05, 2025 Total Cost 550.00 2,500.00 3,310.81 8,060.00 Total Fees: $14,420.81 Payments: Date Type Reference Receipt ReceivedFrom Amount 04/10/2025 Credit 1020250420126117323 374 Eva Kotilinek 3050.00 06/10/2025 Credit 1020250628597553248 671 Eva Kotilinek 11370.81 Total Amount Paid: $14,420.81 Balance Due: $0.00 115 https://www3.citizenserve.com/Admin/PermitControIIer?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_ID=51472411 &WorkOrder_I D=891... .. . Hennepin County, MN Hennepin County Treasurer A600 Government Center Minneapolis MN 55487- 0060 Property ID number: Property address: Owner name: Taxpayer name and address: 2025 taxes 27-118-23-32-0002 HOMESTEAD 2300 SIXTH AVE N B & R O'ROURKE BARRY & ROBIN O'ROURKE 2300 6TH AVE N LONG LAKE MN 55356 Tax 1st half tax (due 05/15/2025) $5,447.06 2nd half tax (due 10/15/2025) $5,447.06 Penalty through month end Total payable $10,894.12 Net paid - year to date $10,894.12 Total Due $0.00 Property ID number: 27-118-23-32-0002 1st half tax due through 07/31/2025 Note: If you are using this page in lieu of Hennepin County payment 2nd half tax due through 10/15/2025 stub to remit payment; after printing the page, please check the box in front of the payment amount that you are remitting. Total due - 2025 tax There are no prior year taxes due on this property. IIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIYI 2711823320002 Penalty $0.00 $0.00 $0.00 $0.00 Totals I $10,894.12 $10,894.12 $0.00 $0.00 $0.00 $0.00 116 AGENDA ITEM Date: August 11, 2025 Item: 14 Title: LA25-000026, 1080 Ferndale Rd West, Variances - Resolution 7607 Presenter: Melanie Curtis, Planner Section: Consent Agenda Purpose: This application contemplates setback and hardcover variances to reconstruct lakeside decks on a substandard property. 2. MN§15.99 Application Deadline: The application was submitted on June 18, 2025, and was considered complete as of July 1, 2025. The 60-day review timeline will expire on August 30, 2025. 3. Background: The applicant requests variances to rebuild existing decks in a different, more functional configuration. The existing decks consisted of two circular areas; the new decks are proposed to be configured with squared -off, rectangular areas, in the same general location, and a hot tub is shown abutting the western deck (Exhibit B). The existing improvements have been verified and removed. The decks were located within the 75-foot setback from the OHWL and the 25-foot wetland setback (the existing home also encroaches as it is situated 28 feet from the OHWL). The existing eastern deck was located approximately 24 feet from the OHWL and wetland, and the western deck was 43 feet from the OHWL and wetland. The new east deck is proposed to be 20 feet from the OHWL, and the new west deck is proposed to be 38 feet from the OHWL, resulting in new encroachments for both. A 59 square foot increase in hardcover is also proposed. Refer to the Planning Report attached as Exhibit C for a full analysis. 4. Planning Commission Vote and Comment: The Planning Commission reviewed the application and held a public hearing on July 21 st. After some discussion, the Commission voted 4 to 0 in favor of approval as applied. Public Comment: Public comments in support of the request were received. The comments are attached as Exhibit D. 6. Staff Recommendation: Originally, Planning Staff recommended approval of the setback variances supporting the deck footprint changes and denial of the variance to increase the site hardcover. The Planning Commission deliberated about the hardcover and determined there were few to no areas where the minimal reduction could be removed to offset the additional 59 square feet. Staff recommends approval as applied, consistent with the Planning Commission's recommendation. 117 COUNCIL ACTION REQUESTED Council should adopt Resolution 7607 approving the variances as applied. Exhibits A. Resolution 7607 B. Plans C. Planning Report D. Neighbor Comment E. Draft PC Minutes F. Updated Hard Cover Calculations 118 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7607 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE CHAPTER 6.12 SECTIONS 6240; 8210; 9110; AND 9210 FILE NO. LA25-000026 WHEREAS, on June 18, 2025, Griffin Dooling (hereinafter the "Owner"), applied for variances from the City Code for the property addressed 1080 Ferndale Road West and legally described as: Parcel 1: That part of Lot 6, North Shore Cottage Acres, Lake Minnetonka, lying Northwesterly of the following described line: Commencing at the most Easterly corner of said Lot 6; thence Northwesterly along the Northeasterly line of said Lot 6 a distance of 40 feet to the point of beginning of line to be described; thence Southwesterly parallel with the Southeasterly line of said Lot 6 to the Southwesterly line of said Lot 6 and said line there terminating, Hennepin County, Minnesota. And Parcel 2: That part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, described as follows: Commencing at the Northwest corner of said Lot 9; thence South along the Westerly line of said loot 9 a distance of 25 feet; thence at an angle Southeasterly parallel with the Northeasterly line of said Lot 9 a distance of 25 feet; thence at right angles Northeasterly parallel with the Westerly line of said Lot 9 a distance of 25 feet to the Northeasterly line of said Lat 9, also being the County Road; thence Northwesterly along said Northeasterly line to the point of beginning, Hennepin County, Minnesota. (hereinafter the "Property"); WHEREAS, the Owner has made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 6.12.6420 and 6.12.8210 to allow construction of two replacement decks within 75 feet of the OHWL of Lake Minnetonka, lakeward of the average lakeshore setback, and within 25 feet of the edge of wetland; and WHEREAS, the Owner has made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 6.12.9110 and 6.12.9210 to permit 59 square feet of additional hardcover within the 75-foot lake setback and 33.33% hardcover overall, where 25% is allowed and 33.29% currently exists in conjunction with the construction of two new decks; and 119 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7607 WHEREAS, on July 21, 2025, after published and mailed notice following 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 allowed to speak thereon; and WHEREAS, on July 21, 2025, the Planning Commission recommended approval of the variances as applied; and WHEREAS, on August 11, 2025, 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: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above -mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1A Single Family Lakeshore Residential Zoning District. A3. The Property contains 0.5 acre in area and has a defined lot width of approximately 192 feet at the 75-foot setback and approximately 226 feet at the OHWL. A4. The Property is within Tier 1, and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. The wetland edge is consistent with the 929.4-foot OHWL elevation. A6. Owner has applied for the following variances] a. Lake Setback Variance b. Wetland Setback c. Average Lakeshore Setback Variance d. Hardcover Variances A7. 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. 2 120 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7607 ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The variances for the construction of new decks are supported by practical difficulties. Much of the existing improvements are located within the 75-foot lake setback. Therefore, hardcover exists within the lake setback as well. The new decks will maintain similar setbacks from the lake and wetland. The placement of the new decks is limited by the existing wetland and lake setback and existing improvements. The project is in harmony with the general intent of the Ordinance due to the practical difficulties of the Property's existing conditions and absence of a legal building footprint area. This criterion is met. B2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variances supporting the new decks are consistent with the Comprehensive Plan. The Owner has identified the necessary practical difficulties inherent in the land, supporting their requests. The proposed increase in hardcover for the site overall and within the 75-foot setback is necessary as the Property does not have extraneous hardcover to offset the minimal increase. The criterion is met. 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 Property has no legal buildable area. The existing nonconforming decks can be rebuilt in -kind. The proposed construction of reconfigured decks in a similar location at a similar setback 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 existing improvements were not built by the Owners. The existing conditions of the lot, including the location of the existing structures and improvements, were not created by the Owners. Additionally, the lake, wetland, topography, and vegetation further limit the placement of conforming decks, and that is not a circumstance created by the Owners; and c. The variance, if granted, will not alter the essential character of the locality." The proposed variances are supported by practical difficulties and will not alter the character of the area. The proposed decks are a different shape but smaller in size. The setbacks from the lake and wetland remain similar to those of the 3 121 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7607 existing improvements. The average lakeshore setback encroachment will not impact views enjoyed by the neighboring property. This criterion is met. 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 an allowed use in the LR-1A District. B7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The existing conditions of the Property, including the substandard size, existing location of improvements, and their proximity to the lake and wetland edge, topography, and vegetation, are unique conditions to this Property. This criterion is met. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The existing home is in a nonconforming location. The proposal is to construct decks in a similar location and maintain similar setbacks. This criterion is met. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The setbacks impacting the Property overlap, eliminating any buildable area. The existing home is in a nonconforming location. The proposal is to construct replacement lakeside decks in a similar location and with similar setbacks. This criterion is met. 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 will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. B12."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 4 122 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7607 of new decks in a similar location to that of the existing improvements. 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 to Orono Municipal Zoning Code Sections to allow construction of two replacement decks lakeward of the average lakeshore setback, the east deck 24 feet from the OHWL and the west deck 43 feet from the OHWL where a 75 foot setback from the OHWL, and 25 foot setback from the edge of wetland are required; and from Sections 6.12.9110 and 6.12.9210 to permit 59 square feet of additional hardcover within the 75-foot lake setback and 33.33% hardcover overall, where 25% is allowed and 33.29% currently exists, subject to the following conditions: C1.Council approval is based on the entire record, above Findings. C2.The approved project shall conform to the survey dated 06/30/2025 and building plans submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A & B. C3.Any amendments to the plans that do not conform to City codes may require additional review by the Planning Commission and City Council. C4.Authorities granted by this resolution run with the Property, not with the Owner, 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 variances will expire on that date (August 11, 2026). 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 11th day of August, 2025. ATTEST: CITY OF ORONO: Christine Lusian, City Clerk Bob Tunheim, Mayor 5 123 VU 20250515 1080 FerndaleRdW SkySURV-1080 FerndaleRdW.dwg U) r�r -h G 4 Q O �p N y1 N O) F a � d z Z z- A v Ol o Q m a 2 a .a ' a m O m a o c e , AAa _ w �a o �1 O m O m a o in X C Ey 01 0 r o • (D rt V T O A Z Z p 90 3 z Z Z x C Z A C x cy 1 Q r oa ID 0 C K m z p m A N < o m N m o C z o A G N N N o N � � v A < 0 C N J J m w m O 0 N � N O m n w N N D O N � w Vn J A O W rn O w N 0 a �3 Cr 0 0 0 DESIGN FOR SHEETTITLE East Deck 32' / -. I r---------------- DECK RED LINE EXISTING 495 SQFT SHEET DETAILS DESIGN BY Flit 311es DATE 5/5/2025 SHEET NUMBER: A DECKS ELEVATED 1080 Ferndale Rd W Project Design Version 1 SCALE 1/4" 4 1161 E WAYZATA BLVD #29 Orono, MN 55391 g WAYZATA, MN 55391 Main Deck LIC:BC804638 DESIGN FOR SHEETTITLE Project Design Version 1 Walkway Deck SHEET DETAILS DATE 5/5/2025 SHEET NUMBER: DECKS ELEVATED 5 SCALE 1/4" 5 1161 E WAYZATA BLVD #29 WAYZATA, MN 55391 LIC: BCS04638 125 al 0 ry N C LL O 00 O ry V) LL 0 00 O N O N S� �o ss, O 00 OHW MINNETONKA ELEV=929.4 - EDGE OF WATER PROPOSED DECK--,ELEV=929.54 PREVIOUSLY EXISTING �`, EDGE OF CAT TAILS-, DECK - NOT PRESENT AT THE TIME OF THE SURVEY - PROPOSED DECK — ,�� -12" DECIDUOUS k , TREE PREVIOUSLY EXISTING ��� DESCRIPTION OF PROPERTY SURVEYED i That Part Of Lot 6 Lying Northwesterly Of A Straight Line Par With Extreme / Southeasterly Line Of Lot 6 Running Thru A Pt In The Northeasterly Line Of Said Lot, Distant 40 Ft / Survey Notes 1. Bearings are based on the Hennepin County Coordinate System. 2. Client Name: Decks Elevated 3. Site Address: 1080 Ferndale Rd W 4. This survey is based on the legal description as provided by the Client 5. This Surveyor has not abstracted the land shown hereon for easements, rights of way or restrictions of record which may affect the title or use of the land 6. Do not reconstruct property lines from building ties 7. Only visible utilities located 8. Impervious areas include: House, ancillary structures, proposed structures, proposed decks, driveway, concrete pads, paths and decks. 8.1. Lot size for impervious calculations measured from area inside cat tails. 8.2. Building impervious category covers main residence only 9. Elevation of Lake Minnetonka measured at was 929.15 at the time of the survey. The Ordinary High Water of Lake Minnetonka is 929.40 DECK — NOT PRESENT /it THE TIME OF THE SURVEY----, 6" DECID `\ JO" DECIDUOUS TREE--_ 14" DECIDUOUS TREE 16" DECIDUOUS TREE---- 14" DECIDUOUS TREE--_�5 20" DECIDUOUS TREE --,�;,�' �\ �� t FFE=942.21—� 24" DECIDUOUS TREE ---__— `•� ` �`� FFE=942.04— 16" DECIDUOUS TREE ---_, �� _ FFE=933.60 8" DECIDUOUS TREE--, �;� 1080 Ferndale Rd W 930� �-�5 5 I 1.1 3 FFE= 942.80 3.6 v' 075 RETAINING WALL (TYP) ----- LIFT STATION EQUIPMENT % \ SA ARY r ANHOLE i / ST PS—'� CO CRET WALK MARKS GAS LINE A I TUMINOU DRIVEWAY—, \ r MAILB�X j \ —18" DECIDUOUS TREE —12" DECIDUOUS \ TREE 8" DECIDUOUS 1 \ i TREE �- ELECTRIC METER �) VGAS r --EDGE OF TREE LINE IMPERVIOUS CALCULATIONS EXISTING PROPOSED BUILDING (S.F.) 3756.32 3756.32 IMPERVIOUS (S.F.) 7460.55 7579.83 LOT SIZE (S.F.) 22740.53 22740.53 AMOUNT IMPERVIOUS (%) 32.81 33.33 MINNESOTA LAND SURVEYOR CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. / Dated this 30th day of June, 2025. i Draft copy - not for submittal JO" DECIDUOUS TREE _ ly D Ness Minnesota License No. 45847 Linetype & Symbol Legend • FOUND IRON MONUMENT O SET IRON MONUMENT VV 5 llrw�ys U RIV I Scale in feet 0 30 60 90 5775 Wayzata Blvd #700 St Louis Park, MN 55416 info@skysumus Re�a,p� Pre;ap, 6/3/28 ProOoaeE Deck Certificate of by "JM 6/5/28 Cllent Cammenta 8/16/28 Imp Calca Cbeckeb by KDN Survey D°ok�°ae x 6/3D,zs W N r 32' DEGK DESIGN FOR Faith Jones 1080 Ferndale Rd W Orono, MN 55391 SHEET TITLE Project Design Version 1 Main Deck ool RED LINE EXISTING 495 SQFT SHEET DETAILS DATE 5/5/2025 SHEET NUMBER: 4 SCALE 1/4" o ---------- I DESIGN BY DECKS ELEVATED 1161 E WAYZATA BLVD #29 WAYZATA, MN 55391 LIC:BC804638 127 i DESIGN FOR Faith Jones 1080 Ferndale Rd W Orono, MN 55391 SHEET TITLE Project Design Version 1 Walkway Deck SHEET DETAILS DATE 5/5/2025 SHEET NUMBER: 5 SCALE 1/4" DESIGN BY DECKS ELEVATED 1161 E WAYZATA BLVD #29 WAYZATA, MN 55391 LIC:BC804638 128 Date Application Received: 06/18/2025 Date Application Considered as Complete: 07/01/2025 60-Day Review Period Expires: 08/30/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC Date: 21 July 2025 Subject: #LA25-000026, Griffin Dooling, 1080 Ferndale Rd West, Variances Public Hearing Application Summary: The applicant is requesting a lake setback, average lakeshore setback, wetland setback, and hardcover variances to reconstruct an existing deck in a different configuration. Staff Recommendation: Planning Department Staff recommends approval with conditions (see the staff recommendation on page 5). Background The subject property is located on Ferndale Marsh, which is hydraulically contiguous with Lake Minnetonka, requiring a 75-foot setback from the 929.4' OHWL contour and a 25-foot setback from the edge of the wetland. According to the Minnehaha Creek Watershed District (MCWD), the edge of the wetland is consistent with the OHWL, based on the 2004 wetland delineation on the neighboring property (1070 Ferndale Rd West) (Exhibit H). The wetland and lake setbacks are therefore measured from the 929.4' OHWL contour. The applicant requests variances to rebuild the decks with a slightly different, more functional configuration. The existing decks were documented and have since been removed. The existing decks consisted of two circular areas; the new decks are configured with squared -off, rectangular areas in the same general location, and a hot tub is shown abutting the western deck. The existing improvements are located within the 75-foot setback from the OHWL and the 25-foot wetland setback (the existing home also encroaches as it is situated 28 feet from the OHWL). The (pre-) existing eastern deck was located approximately 24 feet from the OHWL and wetland, and the western deck was 43 feet from the OHWL and wetland. As proposed, the east deck is shown at 20 feet and the west deck is shown at 38 feet from the OHWL, resulting in new encroachments for both. In the plan images below, the previously existing deck is shown in red dashed lines. Combined, the existing decks account for 615 square feet of hardcover. The proposed decks, including the hot tub (as shown), will result in 662 square feet of hardcover. As proposed, the hardcover will increase by 47 square feet more than the existing amount within the 75-foot setback. East Deck -- --- '--------------- - - -- �zo wn F -. West Deck \�6, 129 FILE #LA25-000026 21 July 2025 Page 2 of 5 Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the large area of Ferndale Marsh as impacting the developability of the property, with additional lake and wetland setbacks, as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the significant impact of Ferndale Marsh from a setback and lake designation standpoint results in no legal buildable area. These factors, combined with the location of the existing improvements, serve as practical difficulties generally supporting the requested variances. Due to the nonconforming conditions on the property, any change to the footprint of the decks resulting in new footprint areas will require variances. The purpose of the proposed changes, to improve the functionality of the deck areas, appears to be reasonable, and although minimal, Staff does not support the increase in hardcover. The additional hardcover proposed within the 75-foot setback should be offset by equal or greater hardcover removals elsewhere on the property. LOT ANALYSIS WORKSHEET Section 78-305 + 78-1279 — Setbacks: Proposed Proposed LR-1A Required Existing East Deck West Deck Rear (south) 50' 35' Home No change No change 61' Home Side Street 30' No change No change 80' West Deck Northeast 27.3' Home 30' No change No change Side 33.8' East Deck Wetland 25' 24' East Deck 43' West Deck 20' 38' Lakeshore 75' The adjacent home (1070 Ferndale Rd W) is situated as close as 52 feet from the OHWL. Average The new (east) deck is proposed to increase its ALS encroachment by 4 feet. Lakeshore The new (west) deck is proposed to increase its ALS encroachment by 5 feet. Section 78-305 — Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. 2.0 acres) 200' Actual 22,740 s.f. (0.5 acre) above the OHWL — 192' @ 75' / —226' @ OHWL Section 78-1403 — Structural Building Coverage: Total Lot Area Total Structural Coverage 22,740 s.f. (0.5 acre) Allowed: 4,548 s.f. (20%) Existing: 3,756 s.f. (16.5%) Proposed: 3,756 s.f. (16.5%) 130 FILE #LA25-000026 21 July 2025 Page 3 of 5 Section 78-1680 and 78-1700 — Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 221740 s.f. 5,685 s.f. * 7,460.5 s.f. * 7,579 s.f. (25 %) (32.8%) (33.3%) *The submitted hardcover calculations (Exhibit F) were not itemized. Staff calculated estimated hardcover but the application should provide clarification prior to placement on the Council's agenda for consideration. Applicable Regulations: Variances: 75-foot Lake Setback + Averaee Lakeshore Setback (Sec 78-1279): Wetland Setback (Sec 78-1605): Hardcover (Sec 78-1680 & 78-1700) The new decks result in a 47 square foot increase in hardcover within the 75-foot setback; and the project reflect a total of approximately 118 square feet of new hardcover overall. Also, the new footprint will create 4-foot and 5-foot increases in the deck encroachments into the average lakeshore setback, lake setback, and partially within the wetland setback. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances for the construction of new decks are supported by practical difficulties. Much of the existing improvements are located within the 75-foot lake setback. Therefore, there is existing hardcover within the lake setback as well. The new decks will maintain similar setbacks from the lake and wetland. The placement of the new decks is limited by the existing wetland and lake setback and existing improvements. The project is in harmony with the general intent of the Ordinance due to the practical difficulties of the property's existing conditions and absence of a legal building footprint area. This criterion is met. The variance is consistent with the comprehensive plan. The variances supporting the new decks are consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent in the land, supporting their requests. The proposed increase in hardcover for the site overall and within the 75-foot setback is not consistent with the comprehensive plan and should be offset by equal or greater removals. The criterion is met with a reduction in the hardcover. 3. The applicant establishes that there are practical difficulties. 131 FILE #LA25-000026 21 July 2025 Page 4 of 5 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property has no legal buildable area. The existing nonconforming decks can be rebuilt in -kind. The proposed construction of reconfigured decks in a similar location at a similar setback is a reasonable use of the property. However, Staff does not find practical difficulties supporting the overall increase in hardcover. This criterion is met with an amendment to the hardcover. b. There are circumstances unique to the property not created by the landowner; The existing house/decks were not built by the current owners. The existing conditions of the lot, including the location of the existing structures and improvements, were not created by the owners. Additionally, the lake, wetland, topography, and vegetation further limit the placement of conforming decks and that is not a circumstance created by the landowners; and c. The variance will not alter the essential character of the locality. The proposed variances are supported by practical difficulties and will not alter the character of the area. The proposed decks are smaller in size. The setbacks from the lake and wetland remain similar to those of the existing improvements. The average lakeshore setback encroachment will not impact views enjoyed by the neighboring property. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as improvements to a single-family home are an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing conditions of the property, including the substandard size, existing location of structures, and their proximity to the lake and wetland edge, topography, and vegetation a 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 existing home is in a nonconforming location. The proposal is to construct a new single- family home in a similar location and maintain the current setbacks. However, the house size will be reduced and the overall hardcover will be reduced on the site. 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 setbacks impacting the property overlap, eliminating any buildable area. The existing home is in a nonconforming location. The proposal is to construct replacement lakeside decks in a similar location and with similar setbacks. However, the 75-foot hardcover should not increase, and the overall hardcover should be reduced by the amount added on the site. This criterion is met with an amendment to the hardcover. 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. 132 FILE #LA25-000026 21 July 2025 Page 5 of 5 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 new decks in a similar location to that of the existing improvements. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the property owner proposes to use the property in a reasonable manner that is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends as follows: • Approval of the setback variances supporting the deck footprint changes; and • Denial of the variance to increase the site's hardcover. The applicant should submit corrected hardcover calculations and demonstrate the hardcover reduction before placement on the City Council's agenda for consideration. 133 From: Chip Truwit To: Melanie Curtis Cc: Paula Picard Subject: 1080 Ferndale Road West variance application Date: Sunday, July 20, 2025 2:22:01 PM Attachments: previewmebo Melanie I have been meaning to send a note to you in support of the neighbors (across the street) who have asked to restore their deck now that they have all but finished the remodeling of their home, with some variation, eliminating the curve. 6344488_0_Y6FzIU_p Image • 54 KB Paula and I have no objections. More importantly, the new neighbors, Griffin and Faith Dooling have done a terrific job with that home and property. In short, we support the proposed variance application. Regards, Chip Truwit and Paula Picard Sent from my iPhone 134 . t 5 rti rfr Al -} � - Fyi� • f �4 1 9X ti i ' - s _ Ap ++ ri •ice ' r Minutes Planning Commission Regular Meeting Monday, July 21, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 5.2. LA25-000025, SOUTHVIEW DESIGN, 1530 ORCHARD BEACH PLACE, V;&ES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the request for variances to construct an accessory cabana lakeward of the primary residence. The residents have permits for several other improvements, including a patio and pool, that do not impact the lakeshore setback. _ or 11%L The Planning Commission discussed the item and asked questions of staff and the applicant, Josh Koller, Southview Designs, and the homeowner, Brett Schraber, 1530 Orchard Beach Place. Chair McCutcheon opened the public hearing at 6:28 p.m. There were no public comments. A letter from a neighbor Chair McCutcheon closed the public hearing at 6:28 p.m. , Commissioners noted that no structures area ed in the average 1E easement on one side made a unique avera %etbac,, and the view of any neighbor. If the easement roject However, past practice has been to deny acc str favor of the variance to have the cabana and t ma the nroiect was read into the record. back, but that a road lcture would not impact Wire a variance. i-U,ssioners were not in 0 eet apart. Brandabur moved, PrchalN o approCFALE 025,1530 Orchard Beach Place, Average Lakeshore Setback Var'conditiobana would adhere to the 10-foot separation from the e and thesetback. VOTE: Ayes: 4, Nays 0. 5.3. LA25-0 GRIFING, 1080 RD WEST, VARIANCES. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve variances to setbacks and hardcover to reconstruct an existing deck with a different configuration. Since the lot has no buildable envelope, staff agreed that there is a practical difficulty, but they would recommend requiring hard cover reduction. The new deck is necessitated by structural ro' with &existing home. The Planning Commission discussed the item and asked questions of staff and the applicant, Griffin Dooling, 1080 Ferndale Rd. W. hair McCutcheon Oil the public hearing at 6:53 p.m. There were no public comments. Chair losed the public hearing at 6:53 p.m. Commissio'Ws agreed there was a practical difficulty, and they could understand the recommendation that the applicant should show where they can reduce hardcover before it goes to the City Council, although they could not see a lot of places to remove hardcover, and they did not find the request egregious. Brandabur moved, Tift seconded, to approve LA25-000026,1080 Ferndale Rd West, Variances as applied. VOTE: Ayes: 4, Nays 0. Page 2 of 4 136 �oNo City of Orono a Hardcover Calculation Worksheet yF kESH OQ'C Property Address: 1080 Ferndale Rd W Prepared by: Nick Rukamp per info from Survey Date: 6/26/25 Stormwater Quality Overlay District Tier: (Circle one) Tier V Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict the existing hardcover status of the property. *For Tier 1 properties, identify any features by letter that are within the 75-foot setback or split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total Square Feet (Example) (Garage) 24' x 30' 720 S.F. A Building 3756.32 S.F. B Driveway 3043.82 S.F. C Concrete walk 53.10 S.F. D Concrete pad 34.23 S.F. E Concrete steps 79.15 S.F. F Decks 603.01 S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 7,569.63 S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area 22740.53 S.F. Existing Hardcover Percentage [ (3) _ (4) ] 33.29 *1- 137 �otio City of Orono a Hardcover Calculation Worksheet y CgKfSHOFE'G Property Address: 1080 Ferndale Rd W Prepared by: Nick Rukamp per info from Survey Date: 6/26/25 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to the site plan or survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict the proposed hardcover of the property. For Tier 1 properties, identify any features by letter that are within the 75- foot setback or split at the 75' setback line and calculate hardcover square footage separat ly for each portion. Key to SurveySquare Hardcover Item (Describe) Length x Width Total Feet (Example) (Garage) 24' x 30' 720 S.F. A Building 3756.32 S.F. B Driveway 3043.82 S.F. C Concrete walk 53.10 S.F. D Concrete pad 34.23 S.F. E Concrete steps 79.15 S.F. F New decks 613.59 S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 7580.21 S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.F. (4) Total Lot Area 22740.53 S.F. Proposed Hardcover Percentage [ (3) _ (4) ] 33.33 % 138 AGENDA ITEM Date: August 11, 2025 Title: Donation for Park Signs - Resolution 7602 Presenter: Joe Ruthenberg, Superintendent - Parks, Facilities Section: Consent Agenda Item: 15 Purpose: The purpose of this agenda item is to accept a donation to be used towards the purchase of park signs. 2. Background: The City has established a Park Donation Program to give individuals, families, and organizations the ability to enrich and grow our parks, trails and open spaces. As part of this program, the City has received a donation from the Orono Garden Club in the amount of $2,995. The donation is for the purchase of park signs. By accepting this donation, the City agrees to use these funds for park signs. At the July 28th Council meeting, the City Council verbally accepted the donation; however, in accordance with Minnesota Statute 465.03 regarding the acceptance of donations by a municipality, a formal resolution is required. 3. Staff Recommendation: Staff recommends acceptance of the donation to help purchase park signs. . COUNCIL ACTION REQUESTED Motion to adopt a resolution formally accepting the donation of $2,995 from the Orono Garden Club for the purchase of park signage Exhibits A. Resolution 7602 Garden Club Donation - Park Signs 139 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7602 RESOLUTION ACCEPTING ORONO GARDEN CLUB PARK SIGNS DONATION WHEREAS, the City of Orono is authorized by Minn. Stat. § 465.03 to accept donations of property for the benefit of its people and is specifically authorized to accept gifts; and WHEREAS, the Orono Garden Club wishes to make a donation to the City of Orono ("City") for the purchase of park signs; and WHEREAS, the value of this donation is $2,995; and WHEREAS, the donation has been donated to Orono for the benefit of its residents; and 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 the donation of $2,995 to be used specifically for park signs. FURTHER, City of Orono will acknowledge receipt of the donation and express appreciation to the Orono Garden Club. Adopted by the City Council of Orono, Minnesota at a regular meeting held on August 11, 2025. ATTEST: CITY OF ORONO Christine Lusian, City Clerk Bob Tunheim, Mayor 140 AGENDA ITEM Date: August 11, 2025 Title: Gillespie Center Update Presenter: Christine Lusian, City Clerk Section: Presentations Purpose: The purpose of this item is for the Gillespie Center to present information to City Council. Item: 16 2. Background: Rhonda Nelson, Executive Director of the Gillespie Center, wants to extend sincere thanks to the City of Orono for the generous support in 2024 on behalf of the Gillespie Center. Orono contributed $12,000 to the Gillespie Center in 2024. The funds made a meaningful impact on their programs and the lives of their members, helping advance the mission to provide a supportive environment, space, and culture that enriches the lives of community members. Gillespie Center appreciates the opportunity to attend the Orono City Council meeting to provide a brief update on how the funds were used and the positive outcomes it generated, as well as request consideration for continued funding support for 2025. 3. Staff Recommendation: Receive the update from the Gillespie Center and provide direction on the 2025 funding support for the Gillespie Center. COUNCIL ACTION REQUESTED Receive the update from the Gillespie Center and provide direction on the 2025 funding support for the Gillespie Center. Exhibits A. Gillespie Center Request to Present B. Gillespie Presentation 141 Christine Lusian From: Rhonda Nelson <Director@gillespiecenter.org> Sent: Wednesday, July 23, 2025 4:54 PM To: Bob Tunheim Cc: Christine Lusian Subject: Request to Provide Update on Gillespie Center at Upcoming Council Meeting Dear Mayor Tunheim, I hope this message finds you well. On behalf of the Gillespie Center, I want to extend our sincere thanks to the City of Orono for your generous support in 2024. Your donation made a meaningful impact on our programs and the lives of our members, helping us advance our mission to provide a supportive environment, space, and culture that enriches the lives of our community members. We would greatly appreciate the opportunity to attend an upcoming Orono City Council meeting to provide a brief update on how your contribution was used and the positive outcomes it generated. Additionally, we would like to formally request consideration for continued funding support in 2026. Please let me know if we can be added to the agenda of an upcoming meeting. I look forward to the opportunity to share the important work your support has made possible. Warm regards, Rhonda Nelson Executive Director, Gillespie Center Director@GillespieCenter.org (952) 472-6501 (612) 802-1143 142 Presentation to the Orono City Council August 11, 2025 6:00 pm aft -I low a a" 143 THANK YOU! $129000 in 2025 c:ompkst.er Llxracy Free Tax Preparation E-yr 1.;�d5� Scmzcs Foot careHealth� Came Clubs Fitness Classes Ukelele Croup ",'' "` Photo Club • Cari Clubs Photo Club FItness Cla w ame Clubs N :Critinn Pragrains Educational Support FootC'� u1 ical Programs Tech Support Guest Si)eakers' [l,tSi (_113.v25 Flu Shots Eye Glass Services Health Screenings Musical Programs 1V -26gfe G,1)Lff-.961[14 . Social Events itness u Hr;1,IIti tl!i 91 a Flu Snots Photo Club Flit 3hQt� ��11 .. ri1;, r dillo tad{611f75 cans[ AUIM C Card Clubs F�xjt Cmc Guest Speakers Foot C.re E:Ci1Lb �: h,nfl�, o ul�tportLlni tr Flu hf111S ;, ; ::, . , , es fyXe'ilcare �filltL hng Tech Support 5—cu %—Idnr kjocial hard Clubs Photo Uluh Eye Glass Services C Ciame Clubs Guest Speaker, Computer Literacy Flu 5hots Medicare Der-ticand Screening Tech Sup rs rAT Li"tera%.Y FYce`iaxP�e��atitmUkeleleGrose i. u�� 1--jr, Photo ClubCard flub Counseling 144 OUR STRATEGY GILLESPIE MISSION We envision a thriving community! We are dedicated to providing a prosperous and supportive environment, culture, and space to enrich the lives of our community members of all ages. Dignity I We are thoughtful of all who interact with the Gillespie Center. Inclusion I We welcome, value, respect, and hear all voices and diverse points of view. Innovation I We invent abetter future learning from the past. Sustainability I We are fiscally responsible to ensure a safe and secure space for future generations. Trust I We embrace an honest, genuine, and transparent culture for all. 145 Goals Aligned to Strategy In order define SUCCESS we created GOALS that align to our Vision, Mission and Values... Increase Membership Increase Profit Increase Programming Usage (Monthly) NPS (Customer Satisfaction) MEASURE BA: FREQUENCY (Mj 429 357 (+25%) f (+4%) Yearly-$67,479 Break Even + 25.91K Quarterly 722 833 1002 (+20%) (+39%) Yearly 44 53 86 (+20%) (+95%) *Measured and reported on annual basis 146 Services & Programming • Free Income Tax Preparation • Free Health Insurance Counseling • Defensive Driving Classes • Hearing Services • Foot Care Services • Eye Glass Services • Free Flu Shot Clinic • Dementia Screening • Free Tech Support • Mound Westonka Blood Drive • Election Site • Lunch & Breakfast Program • Fitness Classes (Fitness, Strength & Cardio, Tai Chi, Chair Yoga, Walking Club) • Coffeehouse • Card and Game Clubs • Art Group • Photography Group • Crafting Group • Ukelele Group • Vocal Choir Group • Square Dancing (popular among home -schooled kids) • Gardening, partnership with Westonka Garden Guild • Men's Shed 147 Educational Programs • Health seminars hosted by Ridgeview Medical — Cancer Prevention, Fall Prevention, Strategies for Urinary Incontinence, Skilled vs Private Pay home care services, Medication Management, Brain Health, Diabetes Prevention • Health & Wellness series hosted by CarelnSight Partners • Financial (Estate Planning, Market Outlook, CDs vs Annuities) • PrePlanning (Medical Assistance, Legal Planning, Advance Planning) • Medicare Informational series • Aging Matters: Video & Discussion Series • Technology Seminars (Apple Tech Talk) • Historical Seminars • Author Speakers • Community Talks: Fire Chief, Police, Mayor • Heists, Forgeries, & Scandals in the Art World • Real Estate (Fraud, Downsizing) • Theaters • Sporting Events • Casino • Museums • Holiday Lights 148 Marketing Update ✓ New Logo ✓ Building Refresh ✓ Updated Website ✓ Expanded Social Media ✓ Expand partnerships with local community centers and senior living housing ✓ Newsletter Sponsorship Program 149 Fundraising 2025 2025 PLANNED • Discount Bakery • Summer Concert - The Arcades - August 15 • Spring Fling • Back Channel Community Night - August 26 • Spaghetti Dinner • Fashion Show & Luncheon - September 19 • 2 Cash Bingo events • Family Bingo - September 28 • Paint & Sip Event • Scotty B Lunches - Aug 27 & November • Al & Alma's Cruises Culver's Community Night - October • Lunch with Scotty B (Quarterly) • Holiday Boutique - November • Spirit of the Lakes Cornhole Tournament & • Christmas Brunch - December Family Fun Day • Pancake Breakfast with Santa - December • Cu lver's Community Nights • 25t" Anniversary Celebration! 150 251" Anniversary Celebration .ictober 25, 102E PLEASE JOIN US IN CELEBRATING 25 YEARS OF THE GILLESPIE Doors Open at 5:00 PM Pork Chop Dinner served at 6:00 PM Program honoring Bill Gillespie "Through the Years and Beyond" Music by the Abiders from 7:00 - 11:00 PM Cash Bar, Silent Auction & Wine Pull TICKETS: $25 151 Our Ask... While we are making every effort to rebrand, enhance programming, and increasing fundraising efforts, we can not do it alone. We need your help to fulfill our Vision of a Thriving Community and our Mission to provide a prosperous and supportive environment, culture, and space to enrich the lives of our community members of all ages. Please continue supporting this wonderful Community Asset! 152 Other Wi-vs You Can I ��� ✓ City Communications (Newsletter, ✓Consider becoming a Supporter Website) Social Media (Member) ✓ Like Us on Facebook & I nstagram ✓ Invite others and Share our Posts ✓ Consider a donation MEMBERSHIP LEVEL 0 $40 Individual (Basic) 0 $50 Household/Family 0 $100 Bronze Supporter ✓ Volunteer Opportunities ✓ Attend our Events, Programs & Fundraisers! ✓ Tell your friends, families & neighbors! 0 $125 Silver Supporter 0 $250 Gold Supporter 0 $500 Platinum Supporter 0 $1000 Diamond Supporter BUSINESS SPONSORSHIP 0 $300 Silver Supporter 0 $700 Gold Supporter 0 $1000 Platinum Supporter 0 $2000 Diamond Supporter 153 Questions? 154 AGENDA ITEM Date: August 11, 2025 Title: LA25-000025, 1530 Orchard Beach Place, Variance Presenter: Matt Karney, Planner Section: Community Development Report Purpose: The applicant requests approval of an average lakeshore setback variance to construct an accessory building. Item: 17 2. MN§15.99 Application Deadline: The application was made on June 17, 2025 and deemed complete on June 20, 2025. The 60-day review period expires on August 19, 2025. 3. Background: The applicant proposes an accessory building, a pool cabana, in the lakeyard of the property, where a permitted patio and pool are under construction. As the property is adjacent to right-of- way, the average lakeshore setback is defined by the distance between the ordinary high water level (OHWL) and the adjacent residence to the east, making a setback of 129 feet from the OHWL. Link to Planning Commission Packet 4. Planning Commission Vote and Comment: On July 21, 2025, the Planning Commission held a public hearing for the requested variance. The Planning Commission, in their discussion, determined the application of the average lakeshore setback created a practical difficulty for the applicant. The Commission noted that right-of-way for Orchard Beach Place creates a unique setback line. If the subject property were to measure the average lakeshore setback using the residence on the property to the west of the right of way, there would be a conforming building envelope for an accessory building. Additionally, the Commission noted that the sightlines from the property to the east would not be impacted by the proposed building and there is established vegetation along the property line to create additional screening. A variance for building separation was requested with the original application, as the proposed accessory building was within the required 10 feet of separation with the primary residence. The Planning Commission provided a recommendation of approval on a vote of 4 to 0 for the ALS variance, contingent on the applicant revising their plans to meet the 10 feet of separation between the accessory building and the residence, while not impacting the side -to -street setback to the west. The applicant has submitted an updated plan addressing the Commission's motion, included as Exhibit A Link to Planning Commission Video Public Comment: One (1) public comment has been received in support of the application, attached as Exhibit C. 155 6. Staff Recommendation: As applied, Planning Staff recommends denial. Staff contends a practical difficulty has not been established as the applicant has full use of the property for a single family home and there are possible conforming locations for an accessory building exist on the property along the north side of the home, and the proposed location serves as a convenience. Staff requests the Council review the revised plan along with the practical difficulty standards to provide direction to City Staff for drafting a resolution. COUNCIL ACTION REQUESTED The Council should direct Staff to draft a resolution with the determined findings for the August 25, 2025 City Council meeting. Exhibits A. Revised Site Plan B. 7/21 PC Draft Minutes C. Public Comment D. Application & Practical Difficulties E. PC Staff Report 156 0 r 78" 54" U�.���.UJ��_■fir Ica ■■�i AIM, �� ■ ��� '• 1201� SOUTHVIEW �D�F3IGIYr I2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 \ Fax: 651-455-1734 South viewDesign.com I 4_ \ Date Issue Notes U U a O U LO vCa m z o V O . m o M Josh Koller esign Associate: Nick Heiling ❑ MeasureTeam: CB, SH Measure Input: SH Print ate: 2025-07-29 File Name: 2025-06-06 Schraber.vwx This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. °��y ❑ �� ,r9 Released By: Date Released: I / Sheet 17of20 Scale- I N 157 Draft Minutes Planning Commission Regular Meeting Monday, July 21, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 5. PUBLIC HEARINGS 5.2. LA25-000025, SOUTHVIEW DESIGN, 1530 ORCHARD BEACH PLACE, VARIANCES The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and deny the request for variances to construct an accessory cabana lakeward of the primary residence. The residents have permits for several other improvements, including a patio and pool, that do not impact the lakeshore setback. The Planning Commission discussed the item and asked questions of staff and the applicant, Josh Koller, Southview Designs, and the homeowner, Brett Schraber, 1530 Orchard Beach Place. Chair McCutcheon opened the public hearing at 6:28 p.m. There were no public comments. A letter from a neighbor supporting the project was read into the record. Chair McCutcheon closed the public hearing at 6:28 p.m. Commissioners noted that no structures are allowed in the average lakeshore setback, but that a road easement on one side made a unique average lakeshore setback, and that the structure would not impact the view of any neighbor. If the easement were not there, the project would not require a variance. However, past practice has been to deny accessory structures in the setback. Commissioners were not in favor of the variance to have the cabana and the primary structure less than 10 feet apart. 158 Douglas and Diane Waldoch 4215 North Shore Drive Orono, MN 55364 7-21-2025 To Whom It May Concern, I, Diane Waldoch, the owner of the property located at 4215 North Shore Drive, am writing to confirm that I am aware of and have no objection to the proposed location of the cabana project planned at Brett Schraber's property located at 1530 Orchard Beach Place. I have reviewed the plans and understand the proposed location of the cabana relative to our shared property line. I have no concerns with the placement and support the project moving forward as described. I believe the cabana will be a tasteful addition to the property and will not negatively impact the surrounding homes. Please feel free to contact me if further information is needed. Sincerely, Diane Poch 159 Land Use Application Summary Application Date: Address: Parcel Number: Land Use Number: Application Submitted By: Owner: 06/17/2025 1530 Orchard Beach Place Orono, MN 55364 0711723430003 LA25-000025 Agent on behalf of property owner Name: NORTH SHORE FUNDING LLC Address: - Brett Schraber Applicant: Name: Stephen Filloon Company: Southview Design Address: 2383 Pilot Knob Rd Mendota Heights, MN 55120- permits@southviewdesign.com Contact Information: Associated Contact: Willie Dorniden wdomiden@southviewdesign.com Associated Contact: Associated Contact: Associated Contact: Project Description: Back yard renovation including cabana Land Use Application Type: Amendmend Application Appeal of Admin Decision L- Concept Application O Conditional Use Permit O Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: A-- 160 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA25-000025 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:yes 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The lakeshore juts in toward the home which yields no room for any improvements within the back yard of the home. The average lakeshore setback is within 5 feet of the corner of the existing home. 3. The variance, if granted, will not alter the essential character of the locality. Response: The addition of a cabana will not alter the essential character. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response:NA 5. Practical difficulties 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 Minnesota Statutes, Section 1161.06, Subd. 2, when in harmony with this Chapter. Response:NA 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response:NA 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response:NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: There is an outlot to the west of the property which adversely affects the average lakeshore setback. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Generally the adjacent properties vary in distance from the lake shore as the waterline does move in and out throughout the properties. There is a drastic change in the distance from the home to the shoreline from the east property line to the west property line. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response:yes 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Yes. There will be no adverse affects to the adjacent neighbors and the structure is not contrary to the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The calculated average lakeshore setback does not accurately represent the intended purpose of the ordinance in this case. The adjacent home is lakeward of the proposed structure and will not impact lake views. 161 Date Application Received: 06/17/2025 Date Application Deemed Complete: 06/20/2025 60-Day Review Period Expires: 08/19/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Matthew Karney, Planner Date: 21 July 2025 Subject: #LA25-00025, Southview Design, 1530 Orchard Beach Place Variances — Public Hearing Application Summary: The applicant requests approval of average lakeshore setback and separation between buildings variances to construct an accessory building. Staff Recommendation: Planning Department Staff recommends denial of the variance. Background The applicant proposes an accessory building, a pool cabana, in the lakeyard of the property. Recently, multiple permits have been issued on the property for the construction of patios, walls, and a pool in conforming locations. Variances are requested to construct the proposed accessory building within the average lakeshore setback (ALS) and roughly 7 feet from the home where a 10-foot separation between buildings is required. There ALS is determined by the measured distance between the home and the lake on the property to the east. Adjacent to the property, on the west, is right-of-way for Orchard Beach Place, which runs north -to -south up to the OHWL of Lake Minnetonka. The proposed hardcover is within the 25% of lot area as stipulated with Tier 1 of the Stormwater Quality Overlay District, and the hardcover associated with the accessory building is mostly captured by the patio space underneath. The applicant has received an erosion control permit from the Minnehaha Creek Watershed District for proposed work on the property. Practical Difficulties Analysis Applicant Submittal Information: The applicant has indicated that the property is a uniquely shaped lot, with a shoreline that varies in depth in relation to the existing house. To eliminate impacts on lake views of the adjacent neighbor (4215 North Shore Drive), the accessory building is proposed roughly 115' feet from the OHWL close to the principal building. Due to the diagonal shoreline there is no conforming building envelope for an accessory building on the property. As proposed the accessory building encroaches on the ALS and does not meet the building separation of 10 feet apart. Planning Staff Practical Difficulty Analysis: Staff contends there is no practical difficulty for a new accessory building lakeward of the primary residence. The property has use of the land with the principle building on the site. Due to the orientation of the land and the current vegetative screening the protected sightlines imposed by the ALS would be minimally impacted. However, the primary residence has similar setback to the OHWL that 4215 North Shore Drive (neighbor to the east) which supports the notion the ALS is not imposing a practical difficulty on this property. Area exists on the street side (north) of the residence that would conform to zoning requirements where an accessory building could be located. The proposed location of the accessory building, within the ALS and with limited separation of the residence, appears to provide convenience solely to the property owners. 162 FILE #LA25-000025 21 July 2025 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 — Setbacks: Accessory Building LR-1B District Required Existing Proposed Street Side (West) 20' Not Applicable 20.5' Proposed Building Lakeshore 75' Not Applicable 115' Proposed Building Average Lakeshore The southwest corner of the accessory building is proposed —20' lakeward of the ALS line, with the northeast corner proposed behind the ALS line. Section 78-1403 — Structural Building Coverage: Total Lot Area Total Structural Coverage 58,037 s.f. Allowed: 11,607 s.f. * 1.33 acres Existing: 4,607 s.f. (7.9%) Proposed: 4,950 s.f. (8.5%) *Maximum footprint of structures cannot exceed 20% of lot size on lots >10,000 s.f. Code Sec. 78-1403 (a)(1) Section 78-1438 — Building Placement: All principal and accessory buildings on the same lot must be separated by a ten (10) foot setback from other buildings. The separation between existing residence and proposed accessory building is approximately seven (7) feet. Section 78-1680 and 78-1700 — Hardcover Calculations: Stormwater Total Area Allowed Overlay Existing Hardcover Proposed Hardcover in Zone Hardcover District Tier 14,509 s.f. 9,466 s.f. 0 s.f. within 12,577 s.f. 0 s.f. within Tier 1 58,037 s.f. (25' %) (16.31%) 75' setback (21.67%) 75' setback Applicable Regulations: Average Lakeshore Setback Variances (Section 78-1279) As the subject property is located adjacent to Orchard Beach Place (right-of-way) to the west, the distance between the adjacent residence to the east and the OHWL establishes the ALS on the subject property. This distance is 129 feet, 54 feet further inland than the 75-foot lakeshore setback. The proposed accessory building encroaches approximately 20 feet into the ALS at most, and the existing home conforms to the ALS. The applicant has proposed the building location in respect to the pool and patio currently permitted for construction. This was done on the western portion of the patio to better address any impact of the building on the neighboring property's lake views. Buildine Placement (Section 78-1438 The zoning regulations stipulate that buildings must provide at least 10 feet of separation, and the location of the accessory building is proposed approximately 7 feet from the residence. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of 163 FILE #LA25-000025 21 July 2025 Page 3 of 5 property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance: The average lakeshore setback (ALS) is intended to protect lake views from the homes on adjacent lakeshore properties. The proposed placement of the building would have minimal impact to the neighboring sightlines due to the orientation of the lot and the established vegetation on the site. Staff contends there are other portions of the applicant's property, although streetward of the house, that the proposed accessory building could be constructed to be fully outside of the ALS. A variance in this case, where conforming alternatives exist, conflicts with the intent and purpose of the average lakeshore setback. This criterion is not met. 2. The variance is consistent with the comprehensive plan: The proposed variance to construct a building, accessory to an existing primary residential use is consistent with the Comprehensive Plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls: Reasonable use is established by the principal building on the property. The request to construct an accessory building may be a reasonable request of the property owner to get more beneficial use of their property. However, the accessory building should be proposed in a location that meets the applicable official zoning controls. This criterion is not met. b. There are circumstances unique to the property not created by the landowner: Staff does not find there are circumstances unique to the property. This criterion is not met. c. The variance will not alter the essential character of the locality: The character of the locality may be altered by approval of this variance. The character of the locality is based on Lake Minnetonka. However, part of this character involves utilization of outdoor patios and similar spaces that do not impact lake views of adjacent properties. An accessory building within the average lakeshore setback could impact this character in a negative way. This criterion is not met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties: 164 FILE #LA25-000025 21 July 2025 Page 4 of 5 Staff does not find any economic considerations pertinent to the applicant's request. This criterion is not met. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78: This condition is not applicable. 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: The property is allowed up to 2,000 square feet of accessory buildings based on the 1.3-acre property size within the LR-18 zoning district. This criterion is met. 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: Staff does not find there are special conditions applying to the property or the proposed accessory building. Additionally, Staff does not find special conditions applying to the land as the primary residence of the subject property is situated at approximately the some distance from the ordinary high water level as the adjacent residence to the east. This criterion is not met. The conditions do not apply generally to other land or structures in the district in which the land is located: The conditions of this property do apply generally to other land or structures in the district, and in the general area. The shoreline of Lake Minnetonka creates unique property boundaries for the land in the area and not just for this property. This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant: The applicant has an existing primary use of the property with a single-family residence, and the proposal for an accessory building in a non -conforming location is not reasonable for the preservation and enjoyment of the owners' property rights. This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter: Approval of variances to permit an accessory building within the average lakeshore setback and the without the required separation between buildings would be contrary to the intent and purpose of the zoning regulations. The average lakeshore setback and its application on this property is significantly more restrictive than the 75foot lakeshore setback. Despite this, the existing home meets the average lakeshore setback, and the area of the property outside of this setback is sufficient in size to support the location of the proposed accessory building. This criterion is not met. 165 FILE #LA25-000025 21 July 2025 Page 5 of 5 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty: Staff finds the granting of the requested variance would not alleviate a demonstratable difficulty and would only serve as a convenience to the applicant. There has not been a hardship established by the applicant as to why a conforming location on the property for this building cannot be used. This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments No public comments have been received by staff as of the writing of this report. Planning Staff Recommendation Planning Staff recommends denial as applied. List of Exhibits Exhibit A. Staff Report Exhibit B. Application Exhibit C. Imagery Exhibit D. Cover Letter Exhibit E. Site Plans & Project Details Exhibit F. Building Details Exhibit G. Survey Exhibit H. Hardcover Information Exhibit I. MCWD Permit Exhibit J. Mailing List & Map 166 AGENDA ITEM Date: August 11, 2025 Title: Request for Proposals - Professional Auditing Services Presenter: Maggie Jin, Finance Director Section: Finance Report Item: 18 Purpose: The purpose of this council item is to gain council approval to publish the Request for Proposals (RFP) for Auditing Services. 2. Background: Staff continuously reviews professional services contracted by the City, with the practice of a 5- year review cycle. The last Request for Proposals (RFP) for Auditing Service was complete in 2019. Since then, the City has been with Abdo for its auditing service. Even with satisfactory service, it is best practice to still go out for RFPs to ensure the City continues receiving exceptional service for a competitive price. 3. Process: With the RFP process, staff recommends the establishment of an ad -hoc Professional Auditing Services RFP review committee with the following individuals: City Administrator, Finance Director and Accountant/HR Representative. The committee will follow the evaluation process and will make a recommendation to City Council upon selection of a firm. Final appointment will be made by City Council. The timeline of the RFP process is as follows: Proposal Calendar Request for proposal issued: August 12, 2025 Due date for proposals: October 1, 2025, 4:30 pm Possibility of interviews: October 6-17, 2025 Firm Selection Selected firm notified: October 28, 2025 4. Staff Recommendation: Staff recommends approval of the Professional Auditing Services RFP and to establish an ad -hoc Professional Auditing Services RFP review committee. COUNCIL ACTION REQUESTED Motion to approve Request for Proposals for Professional Auditing Services and the appointment of an ad -hoc Professional Legal Services RFP review committee. Exhibits A. Professional Auditing Services Request for Proposal 167 \ESHO% City of Orono Minnesota Request for Proposals for Professional Auditing Services For the periods ending December 31, 2025 December 31, 2026 December 31, 2027 CITY OF ORONO 2750 Kelley Parkway Orono, MN 55356 Maggie Jin Finance Director 952-249-4611 Mjin(a.)oronomn.gov 168 Table of Contents I. INTRODUCTION.................................................................................................................. A. General Information......................................................................................................... B. Instructions....................................................................................................................... C. Term of Engagement....................................................................................................... D. Subcontracting................................................................................................................. II. NATURE OF SERVICES REQUIRED.................................................................................. A. General............................................................................................................................. B. Scope of Work to be Performed....................................................................................... C. Auditing Standards to be Followed.................................................................................. D. Reports to be Issued........................................................................................................ E. Special Conditions........................................................................................................... F. Working Paper Retention and Access to Working Papers .............................................. G. Contract Termination........................................................................................................ III. DESCRIPTION OF THE GOVERNMENT....................................................................... A. Principal Contact.............................................................................................................. B. City Background Information............................................................................................ C. Budgetary Basis of Accounting........................................................................................ D. Pension Plans.................................................................................................................. E. Personnel Assigned......................................................................................................... F. Technology Infrastructure................................................................................................ G. Internal Audit Function..................................................................................................... H. Availability of Prior Audit Reports and Working Papers ................................................... IV. TIME REQUIREMENTS................................................................................................... A. Proposal Calendar........................................................................................................... B. Firm Selection.................................................................................................................. C. Schedule for the 2025 Fiscal Year Audit.......................................................................... D. Entrance Conferences and Exit Conferences.................................................................. E. Date Final Report is Due.................................................................................................. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Division and Clerical Assistance........................................................................ B. Work Area........................................................................................................................ C. Report Preparation........................................................................................................... VI. PROPOSAL REQUIREMENTS....................................................................................... A. General Requirements..................................................................................................... B. Proposal........................................................................................................................... 1. General Requirements................................................................................................. 2. Independence.............................................................................................................. 3. License to Practice in Minnesota: ................................................................................ .. 4 ..4 ..4 .. 5 .. 5 .. 5 .. 5 .. 5 ..6 ..6 .. 7 .. 8 .. 8 ..8 ..8 .. 8 .. 9 .. 9 .. 9 .. 9 10 10 10 10 10 10 11 11 11 11 11 12 12 12 13 13 13 14 2 1 P a g e 169 4. Firm Qualifications and Experience................................................................ 5. Partner, Supervisory and Staff Qualifications and Experience ....................... 6. Prior Engagements with the City of Orono ..................................................... 7. Similar Engagements with Other Government Entities .................................. 8. Specific Audit Approach.................................................................................. 9. Identification of Anticipated Potential Audit Problems .................................... 10. Report Format................................................................................................. C. Dollar Cost Proposal........................................................................................... 1. Total All-inclusive Maximum Price.................................................................. VII. EVALUATION PROCEDURES........................................................................... A. Review of Proposal............................................................................................. B. Evaluation Criteria............................................................................................... C. Oral Presentation................................................................................................ D. Final Selection..................................................................................................... E. Right to Reject Proposals.................................................................................... F. Disclaimer............................................................................................................ APPENDIXA................................................................................................................... APPENDIXB-1............................................................................................................... APPENDIXB-2............................................................................................................... APPENDIXB-3............................................................................................................... APPENDIXB-4............................................................................................................... ATTACHMENTC............................................................................................................ 14 14 15 15 15 15 15 16 16 17 17 17 18 18 18 18 19 20 21 22 23 24 3 1 P a g e 170 I. INTRODUCTION A. General Information The City of Orono is requesting proposals from qualified certified public accounting firms to audit its financial statements for the three (3) fiscal years ending December 31, 2025, 2026 and 2027. The audits are to be performed in accordance with U.S. Generally Accepted Auditing Standards (GAAP). These are the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards, the provisions of the Federal Single Audit Act as amended, and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. In order to ensure a fair review and selection process, firms submitting proposals are specifically prohibited from contacting other staff and City Council members regarding the proposals. Any firm that does not abide by this prohibition will be presumed to have withdrawn its proposal by so doing, and will not be considered. There is no expressed or implied obligation for the City of Orono to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. B. Instructions To be considered, qualified firms must submit electronic copies of their proposal to Maggie Jin, Finance Director, via e-mail mjin@oronomn.gov by 4:30 p.m. on October 1, 2025. The City of Orono reserves the right to reject any or all proposals submitted. Inquiries about the engagement or the request for proposal should be addressed to: Maggie Jin Finance Director Mj inkoronomn. gov 952-249-4611 The City of Orono reserves the right, where it may serve the City's best interest, to request additional information or clarification from proposers or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. Following a review of the proposals, a recommendation for award will be made by the Finance Director to the City Council. A final decision for award of the work will be made by majority vote of the City Council. The City of Orono reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposing firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted and confirmed in the written contract between the City of Orono and the firm selected. 4 1 P a g e 171 It is anticipated the selection of a firm will be on October 27, 2025. Following the notification of the selected firm, it is expected a Letter of Engagement will be executed. C. Term of Engagement An initial three-year contract is contemplated, subject to annual review and renewal. Based on satisfactory performance, the concurrence of the Orono City Council and the annual availability of an appropriation, the City may extend the agreement annually without solicitations from other firms. In the event of unsatisfactory performance, or when in the best interest of the City, proposals may be solicited before the end of the three-year period. The City reserves the right to negotiate all terms and conditions of the contract. In the event the City and the firm are unable to agree upon all contract provisions, the City reserves the right to cease negotiations, reject the firm's proposal, and proceed to negotiate with the next selected firm. D. Subcontracting Following the award of the audit contract, no subcontracting will be allowed without the express prior written consent of the City of Orono. II. NATURE OF SERVICES REQUIRED A. General The City of Orono is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the fiscal years ending December 31, 2025, 2026, and 2027. These audits are to be performed in accordance with the provisions contained in this request for proposal. B. Scope of Work to be Performed The City of Orono will retain the accounting firm to perform the following tasks: 1. Audit the City's financial processes, records and statements in order to express an opinion on the fairness of the presentation of its government -wide, governmental major fund, business -type major fund and aggregate remaining non -major governmental and business -type fund financial statements in conformity with generally accepted accounting principles. 2. Perform the tests and procedures involving required supplementary information required by the Governmental Accounting Standards Board (GASB) as mandated by generally accepted auditing standards. 3. Review the presentation of the statistical section of the financial statements insofar as current generally accepted auditing standards require such review. 5 1 P a g e 172 4. The auditor is required to prepare the Annual Comprehensive Financial Report and perform an annual review to determine necessary steps so that the City may apply to try to receive a Certificate of Achievement for Excellence in Financial Reporting during this engagement. C. Auditing Standards to be Followed To meet the requirements of this Request for Proposal, the auditor's work shall be performed in accordance with: • Generally accepting auditing standards in the United States of America; • The standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. • The provisions of U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments; • The provisions of the Minnesota Legal Compliance Audit Guide for Local Governments; • The provisions of the Single Audit Act (as amended). • Any other Federal, State and local requirements in effect now or placed into effect during the engagements. D. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements, the auditor shall: 1. Issue a report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. 2. Issue a report on the internal control structure based on the auditor's understanding of the control structure and assessment of control risk. 3. Issue a report on compliance with applicable laws and regulations. 4. Communicate in a letter to City management any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the reports. 6 1 P a g e 173 Non -reportable conditions discovered by the auditors will be reported in the separate letter to City management, which shall be referred to in the report(s) on internal controls. The audit firm will be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Administrator, the Finance Director, and the Mayor of the City. 5. If applicable, issue a report on the Schedule of Expenditures of Federal Awards required by OMB Circular A-133. 6. Prepare any other requested or required reports agreed upon in the annual engagement letter. Final reporting to the City Council. Auditors will ensure that the partner in charge of the audit and/or the Audit Manager is available to attend public meetings for discussion of the final report should his/her attendance be requested by the City Council. Auditors will assure themselves that the Orono City Council is informed of each of the following: a) The auditor's responsibility under generally accepted auditing standards and government auditing standards. b) Significant accounting policies. c) Management judgments and accounting estimates. d) Significant audit adjustments. e) Other information in documents containing audited financial statements. 0 Disagreements with management. g) Management consultation with other accountants. h) Major issues discussed with management prior to retention. i) Difficulties encountered in performing the audit. j) Performance/efficiency of the City in the fiscal year versus prior years and as compared to other government agencies. k) Assumed potential that a single audit may need to be performed and the reports that may have to be included. E. Special Conditions 1. The City of Orono may occasionally request the auditors to present information or provide routine guidance related to new GASB requirements to the City Council or City staff. 7 1 P a g e 174 F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of six (6) years following the issuance of an opinion, unless the firm is notified in writing by the City of Orono of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: 1. City of Orono 2. Office of the State Auditor 3. U.S. General Accounting Office (GAO) 4. Parties designated by the federal or state governments or by the City of Orono as part of an audit quality review process 5. Auditors of entities of which the City of Orono is a sub -recipient of grant funds In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. G. Contract Termination Either party may cancel the contract for an audit year by giving notice in writing to the other party at least ninety (90) days prior to January first of the audit year. III. DESCRIPTION OF THE GOVERNMENT A. Principal Contact The auditor's principal contact with the City of Orono will be the Finance Director, Maggie Jin, who will coordinate the assistance to be provided by the City to the auditor. B. City Background Information The City of Orono is located in Hennepin County approximately 15 miles west of downtown Minneapolis on the North Shore of Lake Minnetonka. The City encompasses a total area of approximately 25 square miles, with 16 square miles of land and 9 square miles of lake. The Metropolitan Council has estimated the City of Orono to have population of 8,382. Moody's Investors Service has assigned an AAA rating for the City's general obligation bond rating. Copies of the most recent Comprehensive Annual Financial Report are available on the website www.oronomn.gov or upon request. The City has approximately 66 full time equivalent employees. City enterprise funds include water utility, sewer utility, storm water utility, recycling program, golf and cable franchise. The City of Orono's fiscal year begins on January 1" and ends on December 3 Pt The City's governing body consists of a Mayor and four Council members, all elected at large. Council members serve overlapping terms of office. 8 1 P a g e 175 The present Mayor and Council members and their respective terms are: Robert Tunheim Alisa Benson Jon Schwingler Steve Persian Jacqueline Ricks Mayor Council Member Council Member Council Member Council Member December 31, 2028 December 31, 2026 December 31, 2026 December 31, 2028 December 31, 2028 Adam Edwards, the City Administrator / Engineer has been in the role since March 2021 and previously was Public Works Director for the City since September 2014. Maggie Jin, the Finance Director, has been with the City since January 2024 as Finance Director and previously was in the Accountant role with the City between February 2018 and July 2021. C. Budgetary Basis of Accounting The City of Orono prepares its budgets on a basis consistent with generally accepted accounting principles. D. Pension Plans All full-time and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). The association administers the Public Employees Retirement Fund and the Public Employees Police and Fire Fund, which are cost sharing multiple employer retirement plans. E. Personnel Assigned The City's Finance Department is headed by the Finance Director and consists of an Accountant/HR Representative and an Accounting Clerk. Typical functions include accounts payable, accounts receivable, cash management, utility billing, debt management and financial reporting. F. Technology Infrastructure The City's accounting system (Caselle Connect) consists of the General Ledger, Payroll, Accounts Payable, Accounts Receivable, Cash Receipts, and Utility Billing. The system is fully automated. The City has 2 IT personnel, an IT Manager and an IT Technician. The City of Orono is a member of LOGIS, a computer consortium of 52 member organizations that share hardware and software operations. 9 1 P a g e 176 IV. G. Internal Audit Function The City of Orono does not maintain an independent internal audit function other than internal checks performed by the Finance Department. H. Availability of Prior Audit Reports and Working Papers Interested proposers who wish to review prior years' audit reports and management letters can find these via the City's website (www.oronomn.gov) or can contact: Maggie Jin, Finance Director 2570 Kelley Parkway Orono, Minnesota 55356 Mjin@oronomn.gov 952-249-4611 The City of Orono will make its best efforts to make prior audit reports and supporting working papers available to proposers if requested. TIME REQUIREMENTS A. Proposal Calendar Request for proposal issued Due date for proposals Possibility of interviews B. Firm Selection Selected firm notified C. Schedule for the 2025 Fiscal Year Audit August 12, 2025 October 1, 2025, 4:30 pm October 6-17, 2025 October 28, 2025 Detailed Audit Plan: The auditor will provide the City of Orono both a detailed audit plan and a list of all schedules to be prepared by the City of Orono no later than December 31, 2025. 2. Fieldwork: The auditor will complete all fieldwork by April 30, 2026. A schedule for interim work, fieldwork and draft reports will be determined upon completion of this selection process. A similar time schedule will be developed for audits of future fiscal years. 101Page 177 D. Entrance Conferences and Exit Conferences At a minimum, the following conferences should be held by the dates indicated on the schedule. These dates may be changed by mutual, written agreement between the City of Orono and the selected auditor. Week of January 12, 2026: Entrance conference with Finance Director. The purpose of this meeting will be to discuss any potential audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for work space and other needs of the auditor. Discussions of a preliminary audit could be discussed at this time. No Later than the Week of May 12, 2026: Exit conference with City Administrator and Finance Director. The purpose of this meeting will be to summarize the results of the field work and to review results and findings. A similar meeting schedule will be developed for audits of future fiscal years. E. Date Final Report is Due The Finance Director will complete a review of the draft report as expeditiously as possible. It is not expected that this process should exceed one (1) week. During that review period, the auditor should be available for any meetings that may be necessary to discuss the audit reports. Once all issues for discussion are resolved, the final signed report shall be delivered to the City no later than June 1, 2026. The audit and final report presentation to the City Council will be scheduled for the second Monday in June of 2026. A similar reporting schedule will be developed for audits of future fiscal years. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Division and Clerical Assistance The finance division staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of any confirmations desired by the auditor will be the responsibility of the City of Orono using the format provided by the auditor. B. Work Area The City of Orono will provide the auditor with reasonable workspace, table and chairs. The auditor will also be provided with access to the internet, telephone lines, photocopying facilities. Remote fieldwork will be considered. 111Page 178 C. Report Preparation City's Annual Comprehensive Financial Report: Report preparation, editing, printing and binding shall be the responsibility of the audit firm. The City completes the Introductory, MD&A, and Statistical sections of the CAFR. The city shall do report editing and proofing. All Other Reports (as needed): Report preparation, editing, printing and binding shall be the responsibility of the audit firm. VI. PROPOSAL REQUIREMENTS A. General Requirements Responses to this Request should include the following information in the order prescribed below. Submissions must be received by 4:30 p.m. on Wednesday, October 1, 2025 for a consideration by the City: 1. Title Page: Title page showing the request for proposal subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. 2. Transmittal Letter: A signed letter of transmittal which briefly states the proposers' understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and an acknowledgement that the proposal is a firm and irrevocable offer for the three-year period. 3. Proposal: The Proposal should follow the order set forth in Section VI — B below. 4. An executed copy of the Proposer Warranties attached to this Request for Proposal (Appendix A). 5. Dollar Cost Proposal: The Dollar Cost Proposal should follow the order set forth in Section VI — C below (Appendix B). Once a firm is selected, an executive copy of the Professional Services Agreement will be required from the selected firm. During the bidding process, firms should reference the sample Professional Services Agreement (Appendix C) to ensure their ability to meet all of the requirements outlined in the agreement. 121Page 179 Proposers should send electronic copies to the following address: Maggie Jin Finance Director City of Orono Mjin(cr�,oronomn. gov Please mark the Subject line of the e-mail as "Audit REP" B. Proposal General Requirements The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Orono in conformity with the requirements of this request for proposal. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposal requirements. The Technical Proposal should address all the points outlined in the request for proposal (excluding any cost information, which should only be included in the dollar cost proposal). The Technical Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposal. While additional data may be presented, the following items must be included. They represent the primary criteria against which the proposal will be evaluated: 2. Independence The firm should provide an affirmative statement that it is independent of the City of Orono as defined by generally accepted auditing standards. The firm also should provide an affirmative statement that it is independent of all of the City's agencies and component units. The firm should also list and describe the firm's professional relationships involving the City or any of its agencies or component units for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City written notice of any relevant professional relationships entered into during the period of this agreement. 131Page 180 3. License to Practice in Minnesota: An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in Minnesota. 4. Firm Qualifications and Experience The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office or offices from which the work on this engagement is to be performed, the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific city engagements. The firm shall also provide information on the results of any federal or state desk review of field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. The firm shall include the number of clients it has assisted in implementing, and that have received awards in, the GFOA certificate program. 5. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partner, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person. Provide information regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of the staff, over the term of the engagement, will be assured. Engagement partners, managers, other supervisory staff and firm specialists mentioned in the response to this request for proposal may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City. However, in either case, the City retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience. 141Page 181 6. Prior Engagements with the City of Orono List separately by type of engagement (i.e., audit, management advisory services, other) all engagements within the last five years for the City of Orono, ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed and the name and telephone number of the principal client contact. 7. Similar Engagements with Other Government Entities For the firm's office that will be assigned responsibility for the audit, list the most significant engagements performed in the last five (5) years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 8. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as the City of Orono's budget and related materials, Capital Improvements Program, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach: a) Proposed segmentation of the engagement b) Level of staff and number of hours to be assigned to each proposed segment of the engagement c) Sample size and the extent to which statistical sampling is to be used in the engagement 9. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City of Orono. 10. Report Format The proposal should include sample formats for required reports. 151Page 182 C. Dollar Cost Proposal 1. Total All -Inclusive Maximum Price The dollar cost proposed should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. The City of Orono will not be responsible for expenses incurred in preparing and submitting the proposal or the dollar cost bid. Such costs should not be included in the proposal. The following information should be included in the Dollar Cost Proposal: a) Name of Firm b) Certification that the person signing the proposal is empowered to submit the proposal, and authorized to sign a contract with the City of Orono if the firm is selected c) A total all-inclusive maximum price for the 2025, 2026 and 2027 engagements d) Rates by Partner, Specialist, Supervisory and Staff Level and hours anticipated for each ' e) A schedule of professional fees and expenses, presented in the format provided in the attached Appendix B, which supports the total all-inclusive maximum price for each year. The cost of special services should be disclosed as separate components of the total all- inclusive maximum price f) Out-of-pocket expenses included in the total all-inclusive maximum price and reimbursement rates: All reimbursable expenses by category as included in the total all-inclusive maximum price submitted by the firm g) Manner of Payment: The City expects that payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's dollar cost proposal. Interim billing shall cover a period of not less than a calendar month. Payment of the final billing will be held by the City pending the delivery of the firm's final reports. If it should become necessary for the City of Orono to request the firm selected to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued under the engagement, then such additional work will be performed only if set forth in an addendum to the contract between City of Orono and the firm. Any such additional work agreed to between City of Orono and the firm will be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. 161 183 VII. EVALUATION PROCEDURES A. Review of Proposal The City of Orono reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. B. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. 1. Mandatory Elements a) The audit firm is independent and licensed to practice in Minnesota. b) The firm has no conflict of interest with regard to any other work performed by the firm for the City. c) The firm adheres to the instructions in this request for proposal for preparing and submitting the proposal. d) The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. 2. Technical Quality a) Expertise and Experience 1) The firm's past experience and performance on comparable government engagements. 2) The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. 3) The firm's expertise with the GFOA Certificate of Excellence in Financial Reporting. b) Audit Approach 1) Adequacy of proposed staffing plan for various segments of the engagement. 2) Adequacy of sampling techniques. 3) Adequacy of analytical procedures. 171Page 184 3. Price a) Cost will be a factor in the selection of an audit firm. However, price will not be the sole or dominating factor in the selection process. C. Oral Presentation During the evaluation process, the City may, at its discretion, request any one or all firms submitting proposals to make oral presentations. Such presentation will provide firms with an opportunity to answer any questions the City may have on a firm's proposal. Not all firms may be asked to make such oral presentations. D. Final Selection Staff will recommend to the City Council the appointment of an independent CPA firm judged to be in the best interests of the City for the auditing services required. The final decision with respect to the appointment will be made by the City Council. E. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Orono and the firm selected. The City of Orono reserves the right to reject any or all proposals. F. Disclaimer There is no expressed or implied obligation for the City of Orono to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. 181Page 185 APPENDIX A CITY OF ORONO PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non -state of Minnesota) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Orono and the Firefighters' Relief Association. D. Proposer warrants that all information provided in connection with this proposal is true and accurate. E. Proposer certifies that it can and will provide and make available, at a minimum, all services set forth in Section II of the City's request for proposals, "Services Requested." Signature of Official: Name (typed): Title: Firm: Date: 191Page 186 APPENDIX B-1 CITY OF ORONO SCHEDULE OF PROFESSIONAL FEES AND EXPENSES ALL INCLUSIVE AUDIT COSTS Total All Inclusive Year Cost — City Audit 2025 $ 2026 $ 2027 $ Total $ 201 187 APPENDIX B-2 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31, 2025 FINANCIAL STATEMENTS FOR THE CITY OF ORONO NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ Out -of -Pocket Expenses $ Meals and Lodging $ Transportation $ Other (Specify) $ Total All- inclusive Price for 2025 Audit Services $ 211Page 188 APPENDIX B-3 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31, 2026 FINANCIAL STATEMENTS FOR THE CITY OF ORONO NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ Out -of -Pocket Expenses $ Meals and Lodging $ Transportation pr $ Other (Specify) $ Total All- inclusive Price for 2026 Audit Services $ 221Page 189 APPENDIX B-4 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31, 2027 FINANCIAL STATEMENTS FOR THE CITY OF ORONO NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ Out -of -Pocket Expenses $ Meals and Lodging $ Transportation pr $ Other (Specify) $ Total All- inclusive Price for 2027 Audit Services $ 231Page 190 ATTACHMENT C SAMPLE COPY OF STANDARD AGREEMENT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this day of , 2025, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and , ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth in the Contract Documents. The Consultant agrees to perform the services. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement. B. Consultant's proposal dated re: City of Orono Professional Auditing Services. C. Insurance certificate. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" has the first priority and Contract Document "C" having the last priority. 3. COMPENSATION. Consultant shall be paid by the City for the services described in Contract Documents on an hourly basis but not to exceed $ , inclusive of reimbursables, taxes and other charges. The not to exceed fee shall not be adjusted if the estimated hours to perform a task, the number of estimated required meetings or any other estimate or assumption is exceeded. Consultant shall request payment for services rendered on a monthly basis. The monthly payment applications from Consultant shall identify work completed. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract. 241Page 191 6. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by members of the profession under similar circumstances in Paketa Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss or damages proximately caused by Consultant's breach of this standard of care. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. Consultant shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 7. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 8. INDEMl-TIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein to the comparative extent they are caused by Consultant's negligent acts or omissions or those negligent acts or omissions of persons for whom Consultant is legally responsible. 9. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by them, and they shall hold harmless the City from loss or damage resulting therefrom. 10. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability 251Page 192 Automobile Liability $2,000,000 Combined Single Limit — Bodily Injury & Property Damage Including Owned, Hired & Non -Owned Automobiles Workers Compensation Workers' Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer's Liability with minimum limits is as follows: • $500,000 — Bodily Injury by Disease per employee • $500,000 — Bodily Injury by Disease aggregate • $500,000 — Bodily Injury by Accident The City shall be named as an additional insured on the general liability and umbrella policies on a primary and non-contributory basis. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $2,000,000 with a deductible maximum of $25,000 unless the City agrees to a higher deductible. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 11. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self- employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 12. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 261Page 193 13. ASSIGNMENT. Neither parry shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 14. WAIVER. Any waiver by either parry of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 15. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 16. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. CITY OF ORONO Bob Tunheim, Mayor Its AND AND Adam Edwards, City Administrator Its 271Page 194 AGENDA ITEM Date: August 11, 2025 Title: Work Session and Council Training Schedule Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Item: 19 1. Purpose: The purpose of the action item is to schedule future work sessions, council training, and/or orientations. 2. Background: a. Work Sessions. 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. Date Subject 13 Jan Council Code of Conduct 27 Jan Special Elections Council Goals 10 Feb Council Code of Conduct (Part 2) 24 Feb Interview Commissioner Applicants (Parks/Planning) 10 Mar Fire Service Coverage Discussion 14 Apr Joint Meeting With Parks Commission 28 Apr Street Maintenance 2026 Average Lakeshore set back (Part 6) Request for Proposal (RFP) process 12 May summary 27 May City Goals and Vision Discussion - Comp Plan look ahead 9 Jun City Goals and Vision Discussion Part 2 23 Jun Budget - Preliminary Guidance 2026 Date Subject 14 Jul Code Enforcement Average Lakeshore set back (Part 6) 28 Jul Budget - General Fund and Internal Start Services Funds 11 Aug Communications Update 25 Aug Budget - Enterprise Funds 8 Sep Budget - Preliminary Levy 22 Sep City Facilities Review 13 Oct Capital Improvement Plans Draft 27 Oct Capital Improvement Plans Draft 10 Nov Community Management Plan Overview 24 Nov Fee Schedule Update 8 Dec None b. Council Trainings and Orientations. This is an opportunity for council members to propose and agree to additional trainings or orientations for council.. Staff will then prepare and execute the trainings. The table below lists upcoming proposed subjects and dates. Date and Time Subject Location Staff Lead 195 March 7, 8:30- Salt and Commodities Tours Wayzata and DJ 10:00 Medina April 4, 10:00- Orono's Conservation Design Code Council Chambers Laura 12:00 Orientation May 21 st and New Council Member Orientation (CM City Hall Dept Heads 22nd Schwingler) Date and Time Resiliency and the Environment (Exact title dam, TBD TBD) City Hall Laura, DJ, Joe 3. Process: The work session dates and times are set by the city's annual meeting calendar, which the staff presents and the council approves in the November time frame, for the following year. Historically, the city has scheduled 2 hours per month for work sessions. Some times that has been one 2-hour session per month with more recent schedules having two one -hour sessions per month. These regularly scheduled meetings have then been augmented by special meeting to cover specific topics that do not fit within the regular schedule or require additional time to adequately cover a given topic. 4. Staff Recommendation: Staff recommend the next work session occur as scheduled. If the council would like to adjust the schedule, please provide that guidance and the adjustment will be made. COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. 196 AGENDA ITEM Date: August 11, 2025 Title: Annual Performance Review of the City Administrator Presenter: Adam Edwards, City Administrator / Engineer Section: Closed Session Item: 20 Purpose: The meeting will be closed as permitted by § 13D.05, Subd. 3(a), to evaluate the performance of the City Administrator. The purpose of this item is for the City Council to provide feedback on the City Administrator's performance over the preceding year. 2. Background: At the June 23, 2025 council meeting, at Council Member Ricks' request, the city council provided direction to reopen the City Administrator review process. 3. Staff Recommendation: Conduct the closed session in accordance with § 13D.05, Subd. 3(a). COUNCIL ACTION REQUESTED Discuss and agree to goals and expectations of the City Administrator for 2025. 197