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01-08-2018 Council Packet
Agenda for Council Meeting Set for Monday, January 8, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda — Consent agenda items are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. The City Council may add agenda items to be considered as part of the Consent motion. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Consent Agenda 2. Council Meeting Minutes of December 11, 2017 3. Claims/Bills 4. Annual Appointments 5. Disposal of Forfeit Vehicles 6. Approve Portable Radio Replacement 7. Sentence To Serve Contract Renewal — Park Maintenance 8. Wayzata Blvd (CSAH 112) Phase Two Construction Cooperative Agreement 9. Wayzata Blvd (CSAH 112) Phase Two Luce Line Trail Connection Cooperative Agreement 10. #17-3979 — Steve & Kimberly Schottler — 2740 Shadywood Rd — ATF Variances — Resolution Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. 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. Presentation 11. Orono School Lunch Funding Mayor/Council Report City Administrator's Report 12. Western Communities Action Network (WeCAN) Request for CDBG Support — Resolution City Attorney's Report Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Adjournment Agenda for Council Meeting Set for Monday, January 8, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Upcoming Events IL = L A 2018 01-15-18 — Official Holiday, City Offices Closed 01-16-18 — Planning Commission Meeting, Tuesday, 6:30 p.m. (Richard Crosby) 01-22-18 — Council Work Session, Monday, 5:00 p.m. 01-22-18 — City Council Meeting, Monday, 7:00 p.m. 02-12-18 — City Council Meeting, Monday, 7:00 p.m. 02-19-18 — Official Holiday, City Offices Closed 02-20-18 — Planning Commission Meeting, Monday, 6:30 p.m. 02-26-18 — Council Work Session, Monday, 5:00 p.m. 02-26-18 — City Council Meeting, Monday, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Wendy Dankey, and Aaron Printup. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, City Planner Laura Oakden, Finance Director Ron Olson, City Engineer/Public Works Director Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. TRUTH -IN -TAXATION PUBLIC HEARING 1. 2018 BUDGET HEARING Olson stated the purpose of the public hearing tonight is to discuss the 2018 General Fund budget and tax levy and it is not to discuss property values of any particular property. Olson provided an overview of how property taxes are calculated. The first step in the process is the Hennepin County Assessor will place a value on the property, which is then multiplied by a property tax rate. The property tax rate is set by the State of Minnesota. Olson explained the tax capacity rate is a simple mathematical calculation and consists of the property tax levy set by the City Council, which is then divided by the City's tax capacity. The City's tax capacity is 1 percent of the first $500,000 and 1.25 percent on anything over $500,000, so on a $500,000 home, the tax capacity would be $5,000. The property tax levy, divided by the tax capacity, equates to the property tax rate. For Orono, the property tax levy being proposed tonight is $5,439,951, and the City's total tax capacity as calculated by Hennepin County is $32,863,837. The City's tax capacity rate is calculated at 16.553 percent, which is the number that is used to determine the City's portion on everybody's taxes in the City. Olson stated an $861,000 home would have a tax capacity of $9,512.50, which is then multiplied by the 16.553 tax capacity rate resulting in a city tax of $1,574.60. Olson noted the City's portion of a person's total tax bill amounts to approximately 15 percent, with the biggest tax portion going to Hennepin County, followed by the school district. In addition, Orono's tax levy is the lowest of the surrounding cities. Hennepin County averages around 40 percent, followed by Mound at 45 percent, and then Maple Plain at 66 percent. The metro area average is 29 percent school, 39 percent county, and 29 percent city. Olson stated Orono has worked hard to keep the City's tax rate down around 15 percent. The majority of the properties in Orono are residential at 89 percent, with 3 percent being industrial/commercial, farms at 1 percent, and the other category is at 7 percent, which can be vacant properties, utilities, and golf courses. The total tax levy required to fund the 2018 budget is $5,439,951. This is an increase of $234,721 or 4.51 percent over the 2017 levy. A portion of the increase to the levy is designated for funding the City's Pavement Management Plan to address the City's aging road infrastructure. The remaining increase of $104,721 is an increase to the General Fund operating levy. Olson stated even with the increase in the levy, the City's tax rate will decrease from 16.844 percent to 16.529 percent. Page 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 1. 2018 BUDGET HEARING — Continued Olson stated the tax levy is used to fund the general operations of the City, pay the debt service on the City's outstanding bonds, and to fund the Pavement Management Fund. The breakdown of the 2018 levy is $711,000 for debt service, $383,000 for roads, and the remaining $4,345,951 is used in the General Fund. The City's tax capacity, based on the annual property revaluation, is $2,879,524,978, with a tax capacity of $32,961,379. When compared to last year, Orono's taxable market value has increased by 5.44 percent and the tax capacity by 5.76 percent. As a result of the City's increased tax capacity, the tax capacity rate will decrease from 16.844 percent in 2017 to 16.529 percent in 2018. Using this tax rate and assuming no change in a property's value, the City's share of the property tax bill would be a decrease of $7.4 on a home previously valued at $250,000; a decrease in tax of $15.75 on a $500,000 home; a $1,000,000 home will see a decrease of $35.44 percent; and a $2,000,000 home will see a decrease of $4.81. Olson reviewed the City's proposed 2018 General Fund budget, noting the City's primary revenue source is the property tax levy. The 2018 General Fund tax levy is proposed at $4,355,050, which is 3.8 percent higher than the 2017 General Fund levy. Total General Fund revenues are budgeted to increase by $205,540 in 2018. As it relates to expenses, the expenditure budget is set at $8,193,036 or a 2.57 percent increase over the 2017 budget. The budget for the Police Department is increasing $132,275 and is primarily due to wage increases. Other notable increases are $27,034 in administration, which is due to the hiring of a full-time administrator; the elections category is increasing by $22,392 because 2018 is an election year; the street department is increasing by $26,068; and the parks budget is increasing by $56,667 due to the hiring of a full-time golf course/parks supervisor. The budget for the Planning Department is decreasing by $22,741, which is due in part to staffing changes. The majority of the decrease is due to the reduction of contracted services. The other significant decrease is in the Special Projects and Contingencies Department, which has been removed from the budget. Special Revenue Funds consist of the Park Fund, the Drug Forfeiture Fund, and the TIF Fund. Special revenue funds have a primary source of revenue that is dedicated for a specific purpose. The primary revenue source of the Park Fund consists of park dedication fees collected from developers. By state law, these funds must be used for parkland acquisition and development. The Drug Forfeiture Fund receives its primary funding from the Police Department's drug and alcohol enforcement activities, such as DWIs and vehicle confiscation. Those funds must be used for drug and alcohol related activities. The TIF Fund is used to account for revenues related to the Orono Woods Senior Housing Development. The 2018 levy for debt service is $711,000. This levy is used to pay the debt service on the City's outstanding bonds. The Water, Sewer, Stormwater, and Recycling Funds are designed to account for the business type activities of the City. These funds do not receive any property tax revenue. As part of the 2018 fee schedule, the following rate increases are being recommended: water at 6 percent; sewer at 6 percent, and stormwater at 10 percent. It is the City's long-term goal to fully fund infrastructure improvements through utility rates and not use special assessments. Page 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 1. 2018 BUDGET HEARING — Continued The water fund has historically operated at a loss. Because depreciation is a non-cash expenditure, the fund has had a positive operating cash flow since 2009. In most years, the operating loss has been covered by the revenue received from antenna leases on the water towers. For the last four years, water rates have been increased by 11 percent annually. The 2018 budget has a 6 percent increase, with future increases to be determined to be based on a utility rate study that is being performed in 2018. Staff recommends approval of the 2018 property tax levy, the 2018 General Fund budget, the 2018 Special Revenue Fund budgets, and the 2018 Enterprise Fund budgets. Mayor Walsh opened the public hearing at 6:52 p.m. Richie Anderson, 3205 Crystal Bay Road, stated he was wondering about the numbers for the sewer fund. Olson stated it should be 296 and that there was an error in the numbers. Anderson stated the City spent $110,000 for a trail from the Luce Line to Long Lake and that the City is now allocating $130,000 in the new levy for street maintenance, which is a wiser use of the City's money. Anderson asked where the $110,000 came from. Walsh indicated it came out of the Park Fund. Anderson asked whether there are any other pet projects budgeted for next year. Walsh stated the City will be focusing on road projects next year. Anderson noted the City pays $182,000 to the Hennepin County Assessor each year and that years ago Orono used to have its own assessor. Anderson stated he has a property that went up 18 percent and that it is very difficult to get an answer from Hennepin County. Walsh stated Orono does not have to hire Hennepin County for their assessing services but Hennepin County does have to sign off on everything. Walsh noted the previous City Council elected to sign a 5 -year contract with Hennepin County, which leaves the City obligated to use the services of the Hennepin County Assessor's Office for the next few years. Anderson stated in his view the City could hire its own assessor for less money and he would be readily available to talk to the residents. Walsh stated there are not a lot of people in that business anymore and that the assessor is required to conduct a 20 percent review of the City, which is a considerable amount of work. Walsh stated the City did not explore finding an independent person because they elected to go with Hennepin County. Anderson noted Maple Plain has an independent assessor and that it was just a suggestion. Crosby stated years ago when his property taxes kept increasing, he first approached the City and then finally went down to Hennepin County, spoke with them, and got his taxes reduced. Crosby stated the City is tied into the contract for five years. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 1. 2018 BUDGET HEARING — Continued Anderson asked what the transfer to other funds is. Olson indicated the $250,000 transfer to other funds is to the equipment outlay fund, which is a fund the City uses to purchase equipment for the City as well as the Long Lake Fire Department. The other approximate $130,000 is for the debt service on the police department bond. Anderson stated the $110,000 could have been spent on the police department bond rather than the trail. Mayor Walsh closed the public hearing at 7 p.m. Walsh noted out of the 48 cities in Hennepin County, Orono is the 45' lowest taxed city in the county. In addition, the City's permit revenue has gone up tremendously and that the City has made the permitting process easier as well as reduced the fees by approximately two-thirds. Walsh stated the City is telling people that Orono is open for business, which is reflected by the 20 percent increase in revenue for November. Walsh stated they are also continuing to fund the Pavement Management Fund. Walsh stated when he first came on the City Council, that fund had zero dollars in it and now that is up to $350,000. Walsh stated given the increased revenue, even with raising the levy by 4 percent, if someone's property valuation stayed the same, their taxes will go down. Walsh stated as it relates to the Special Revenue Funds, in the past the City never budgeted for depreciation or replacement, which resulted in the City borrowing money for projects. Walsh stated that is now being budgeted so the City will have the money to do improvement projects. Dankey moved, Crosby seconded, to close the Truth -in -Taxation meeting at 7:03 p.m. VOTE: Ayes 4, Nays 0. Crosby moved, Dankey seconded, to approve Resolution No. 6813 - 2018 Property Tax Levy, Resolution No. 6814 - 2018 General Fund Budget, Resolution No. 6815 - 2018 Special Revenue Fund Budgets, and Resolution No. 6816 - 2018 Enterprise Fund Budgets. VOTE: Ayes 4, Nays 0. APPROVAL OF AGENDA 2. CONSENT AGENDA Items No. 10, 12, 13, 15, 16, 17, and 18 were added to the Consent Agenda. 3. CITY COUNCIL MEETING MINUTES OF NOVEMBER 27, 2017 4. CLAIMSBILLS 5. CONFIRMATION OF 2018 OPEN BOOK MEETING — DATE AND TIME PROPOSAL 6. APPROVAL OF 2018 LIQUOR LICENSE RENEWAL Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 7. CARMAN BAY LAKE IMPROVEMENT DISTRICT AGREEMENT 8. #17-3981 TODD AND ANGIE OLSON, 3325 CRYSTAL BAY ROAD, VARIANCES — RESOLUTION NO. 6817 9. #17-3986 TRAVIS DeJONG, 1270 WILDHURST TRAIL, CONDITIONAL USE PERMIT RESOLUTION NO. 6818 10. 2018 PUBLIC WORKS PLAN 12. #17-3980 SHAWN WISCHMEIER, 540 BIG ISLAND, AFTER -THE -FACT VARIANCES, RESOLUTION NO. 6820 13. #17-3988,17-3989, and 17-3990 LAKE WEST DEVELOPMENT, LCC, ON BEHALF OF RICK AND BARBARA LUPIENT, (PIDS 20-117-23-42-0001, 20-117-23-42-0002, and 20- 117-23-42-0003) "IVY PLACE", VARIANCES, EASEMENT VACATION, AND CONDITIONAL USE PERMIT — RESOLUTION NO. 6821 15. AUTHORIZATION OF DISBURSEMENT OF CITY FUNDS FOR CLAIMS 16. 2017 INTERFUND LOAN AND TRANSFERS 17. 2018 NON-UNION COMPENSATION RESOLUTION NO. 6822 18. APPROVE 2018 FEE SCHEDULE Crosby moved, Printup seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. Walsh moved, Printup seconded to add Item 9A after Public Comments, Update from the LMCD. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None 9A. LMCD UPDATE Mark Kroll, LMCD Representative, and Vickie Schleuning, LMCD CEO, were present. Kroll noted he was appointed as a representative to the LMCD last summer and that Orono will be contributing $56,000 next year to the LMCD. Kroll reported the LMCD is under new management due to issues raised about efficiency, which has been taken care of by the hiring of Vickie Schleuning. This year the LMCD passed a noise ordinance due to loud music being played on Lake Minnetonka. Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 9A. LMCD UPDATE — Continued Kroll stated the bad news is that aquatic invasive species are tough to get a handle on and that he receives a number of phone calls from residents inquiring about milfoil and zebra mussels. Kroll stated it seems that no matter how much money is spent on it, it does not go away. Kroll stated as it relates to the governance of the LMCD, it is very top heavy in that there are 14 representatives from the jurisdictional cities on the LMCD, which makes it hard to get things done. In addition, the LMCD does not have publicly articulated goals and objectives. At this point the LMCD is in the process of trying to rewrite some of the LMCD ordinances to better define where the jurisdiction of the LMCD starts on the lake. Currently the laws govern anything whenever someone or something is a foot over the water but that is not always defined consistently throughout the ordinances, and in some cases, it is not specified. LMCD's lawyer proposed the rules be set at one-tenth of a foot, but after a half hour discussion, the Board could not get a vote to approve the one-tenth of a foot. Kroll commented he is not sure whether there is a solution to the situation since the LMCD structure is set up by the State of Minnesota. Walsh noted the City Council approved a LID earlier this year for Long Lake, which should hopefully help address the milfoil problem on that body of water. Walsh stated the City periodically gets calls asking when the City will start putting some money towards getting rid of the milfoil and that currently Orono contributes $58,000 a year to the LMCD. Walsh stated the last time Vickie appeared before the Orono City Council she was very new to the job and was not able to answer all of the Council's questions regarding the LMCD's budget. Walsh asked what the LMCD's budget is set at for 2018. Vickie Schleuning indicated the budget is approximately $500,000 for all of the different funds, which is pretty similar to what it has been since approximately 2008. Schleuning noted the LMCD has lost a number of grants during that time. Schleuning stated at the present time the LMCD is conducting an AIS survey that people can take, which the LMCD will be taking a look at in the coming months. Currently milfoil is one of the most common concerns raised. Walsh asked what the LMCD's reserves are currently at. Schleuning indicated they are attempting to keep 30 to 50 percent of the general fund amount in reserve and that she has looked at all the areas the LMCD handles as well as the individual funds to get a better handle on what money is going where. Schleuning stated the LMCD is currently at around $400,000 but that also includes donations that have to be used in a certain way. Walsh asked how much the LMCD spent on legal this year. Kroll noted the LMCD receives a percent of all fines received. Schleuning stated legal fees were approximately $45,000, which is separate from the prosecution fees received. Schleuning stated legal prosecution was approximately $26,000. Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 9A. LMCD UPDATE — Continued Walsh asked what her salary is. Schleuning indicated her salary is approximately $85,000 and that the administrative department has two full-time people and one part-time receptionist. Schleuning noted that changed from three full-time to two full-time and that the LMCD will be utilizing supplementary consulting. This past year the administration department was $149,000. Walsh stated in the past the LMCD administration costs were almost half of the LMCD budget and that the City of Orono is always looking for efficiency and prioritizing different projects. Schleuning stated she does more than just shuffle papers and that yesterday she was also out installing signs and checking the condition of the ice. Schleuning noted the ice is still thin and that people should exercise caution. Schleuning noted a lot of the administration costs are related to the services provided. Walsh encouraged the LMCD to continue to improve their efficiency. Crosby thanked the LMCD for their assistance with the dock for the fire department. Crosby noted all of the invasive species have been brought in from some other place and that he would like to see the LMCD and/or Hennepin County implement a system of tagging boats and have that fee go towards cleaning up the invasive species rather than have the residents incur all the costs. Crosby stated it could be a sticker program or something similar, which would then generate some revenue to address this issue. Crosby indicated he is not a big believer in the harvesting and that the harvesting can actually spread the milfoil. Crosby stated the chemical treatments do seem to be working and that the treatments on Carman Bay have helped quite a bit. Kroll stated they will check into the boat tags but that he is not sure the LMCD has the legislative authority to do that. Kroll stated as far as the invasive species, Orono is well aware of the complexities of harvesting and the other issues but that the chemical treatments do appear to be working. Walsh asked if he is enjoying being on the LMCD Board. Kroll stated this is his first experience being on a nonprofit board and that the LMCD does make a difference on the lake. Kroll stated he is asking to be reappointed for another two years. Schleuning stated as it relates to AIS, the LMCD conducted observation on all the bays this past year to help determine what is happening on the lake and that part of the survey is intended to gather information. Schleuning noted the LMCD has been losing funds from the state and that Lake Minnetonka is definitely one of the busier lakes in the area. Schleuning stated one of the goals of the LMCD is to figure out what is happening on the lake and perhaps do some predictive modeling. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT 11. RON STEFFENHAGEN RETIREMENT RESOLUTION — RESOLUTION NO. 6819 Crosby moved, Dankey seconded, to adopt RESOLUTION NO. 6819, a Resolution Recognizing Ron Steffenhagen for his 43 years of Dedicated Service to the Orono Golf Course and granting him a life -time membership. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY Barnhart reviewed his December 1, 2017, memorandum regarding a request by River Valley Sports for approval of a tent for a sales display. Barnhart noted the City Council reviewed this at their November 27 Council meeting and requested additional information on parking and ownership. Barnhart noted River Valley Sports is a marine based sales and service business located on Shoreline Drive. There are three other tenants on the property, resulting in 70 parking stalls being required in the summer and 15 -plus spots in the winter. The property is owned by EOF Investments. EOF Investments has three tenants occupying the property: Browns Bay Marina, Your Boat Club, and River Valley Power and Sport. Your Boat Club operates under a conditional use permit. Browns Bay Marina and River Valley are permitted uses in the B-2 zoning district. Barnhart noted only River Valley Power and Sport is requesting the use of the tent. The expansion of a permitted use, temporary or long-term, is permissible following review of a site plan. A condition being recommended by Staff is to expressly prohibit Your Boat Club from having a presence in the sales tent. Any expansion of Your Boat Club would require a review of their conditional use permit. In addition, an issue was raised at the last Council meeting about the possible noise that would be generated from the heaters. The supplier of the heaters has indicated that the decibel reading at three feet is 71 decibels, which is comparable to the sound of a vacuum cleaner. Barnhart reviewed the various parking areas dedicated for this site. Barnhart noted the parking requirements differ in the summer versus the winter. The summer requirement for all three businesses is 70 spaces and 18 for the winter, with three additional parking spaces being required for the tent. In total 81 parking spaces have been identified. In addition to the parking on the site, across Shoreline Road is a gravel parking lot that can support 17 legal spaces. Legal spaces are defined as 9' x 20', with an adjacent 24 -foot wide aisle. An additional 13 legal spaces can be found on the adjacent residential lots and five spaces in the triangular shaped gravel area north of the gazebo. Staff's analysis of the site plan shows that the parking requirements of all three commercial entities and the two residential parcels can be satisfied via the existing parking and meets the parking requirements imposed by City Code. Walsh asked whether the applicant provided a parking plan. Barnhart indicated they provided some information that Staff then utilized. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Walsh stated he finds it hard to believe that there is no true parking plan associated with this site and that he is not sure how Staff can determine how many actual legal parking spots there are on the site. Walsh stated he is not sure there is enough legal parking on the site during the summer. Barnhart stated the site is used differently in the summer and that this site has developed and morphed over time. Walsh stated there is a conditional use permit on the site that defines how much parking they should have and that there should be a defined parking plan. Barnhart stated Staff s analysis does not necessarily change anything with the conditional use permit and that it is something to look at with any amendment to the conditional use permit. Barnhart stated based on his analysis of the parking, there are approximately 30 parking spaces for River Valley, which meets the City's parking requirements. Barnhart stated because the proposal meets the requirements for use, parking, and other applicable city ordinances, Staff recommends approval of the temporary site plan/special event permit subject to the conditions outlined in the Staff report. Crosby asked if the spots on the residential lots are included in the overall parking. Barnhart indicated they are included and that there is a parking agreement in place over those two residential properties that allows commercial parking. Printup asked whether they are requesting the tent for three months or two months. Barnhart stated the time limit is up to the City Council and that Staff recommends the tent be removed by March. Dankey asked if there are any concerns with the proximity of traffic on County Road 15 to the tent. Dankey questioned whether that will slow down traffic or cause confusion. Barnhart stated the tent will not be any closer to the road than the existing building. Walsh noted there were a couple of incidents in that area just within the past week. Walsh stated he considers something that lasts two months to be more of a use than a special event. Dankey commented that area is confusing enough without something else going on. Walsh stated in his view it is an intensification of the site. Dankey stated people going to the boat show will slow down to find a place to park, which impedes the motorists attempting to get home. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Curt Sweetso, River Valley, stated the tent will be set back further than the entrance to the building and to the west. Sweetso indicated they could erect a sign pointing out the parking and that their intent is not to create a distraction but to have people be able to get in and out. Currently River Valley has ten boats inside and that they would like to bring up some boats from Rochester to display during the boat shows and during the Super Bowl. Sweetso stated he does not believe the impact in winter will be that great and that they had one person come in today. Sweetso stated they want people to have access to the boats both during the show and in the days following the shows. Sweetso indicated the event will not go late into the evening. Crosby asked what the closing time will be. Sweetso indicated they close at 6 p.m. during the week and on Saturdays they close at 3 p.m. Crosby asked when the boat shows will be. Sweetso indicated the Minneapolis Boat Show starts around January 19 and that he does not know offhand when the other two boat shows are. Dankey asked if the intention is to have the tent just for this year. Sweetso stated if it is a success, they would like to be able to do it perhaps in future years. Walsh stated that is another issue and that the question is whether a special event should last for a couple of months, which could set a precedent. Walsh stated in the past the City has turned down requests to change the zoning, especially if someone wants to take their site and intensify what happens on the site. Sweetso stated they can have the boats there regardless if there is a tent there or not. Walsh stated the City cannot stop them from putting the boats outside. Crosby stated perhaps the City could meet them halfway and have it end March 1. Crosby stated the City also has to be cognizant of businesses' needs and that Orono is not anti -business. Walsh stated to his knowledge the City has never done a two-month special event. Barnhart noted this originally came in as a special event request and that it really is a temporary site plan review because there is an ending date. Mattick stated the City Council has control over the time frame, noting the City does not receive a lot of temporary site plans for review. Mattick stated the City's Code does not distinguish between permanent and temporary. Mayor Walsh asked whether anyone from the public would like to comment on this item. Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Matt Johnson, 1432 Shoreline Drive, stated he lives next door to the site and that in his view this is further intensification of the site. Johnson stated the tent is clearly being erected to bring people to the site and that River Valley has different sites they could do this on. Johnson noted in the last four or five days, there have been two incidents, one directly in front of this property that shut down County Road 15, and that there have been multiple accidents in front of this site. Johnson stated people will slow down and will be looking at what is going on with the tent. Johnson stated in his view this is not an area where the City should be encouraging intensification, which is the issue behind the winter parking versus summer parking. Johnson stated this is a very complicated situation that this Council has inherited and that the reality is the parking that was claimed in 1989 does not exist but was not a problem because it was just a marina operation. The parking plan does not put into consideration where a 26 -foot boat is parked, which could take up four or five of the parking spots that are supposed to be dedicated to the customers. Johnson stated River Valley has an indoor space already and the questions are whether there is a real need for the tent and whether that need outweighs the potential risks to the motorists and the people who live there. Johnson asked what the allowable decibel reading is from the site. Barnhart indicated he does not have that information off the top of his head. Johnson stated to his knowledge it is 50 decibels and that it decreases at a certain time. Johnson questioned who will be policing it if there is a violation of the rule. Johnson stated it comes down to the neighbors and that he is looking for the Council's help on not only this issue but also on a long-term plan for the site. Johnson stated the City Council needs to look at how they are using the site and how many parking spots will be left after 20 boats are placed there. If 20 boats are placed on the site, it is likely the parking or the boats will end up on the residential property. Johnson stated to have this be considered temporary for two to three months seems beyond reasonable and that temporary is a weekend with some setup and take-down time. Johnson stated this is an attempt to utilize this site beyond its capacity. There were no further public comments. Dankey stated this is difficult because the road is very narrow and busy in that area and there is already a bit of a distraction there. Dankey commented she does not know if this is good for Orono and that she wishes it was bigger piece of land with more parking. Crosby asked what the parking requirements of the residential lots are. Mattick indicated he did not review the parking requirements for the residential lots. Crosby stated in his view that should be looked at. Crosby suggested as a compromise the tent be out by March 1. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Barnhart stated the lots are zoned residential, which normally allows two cars to be parked outside, but that there is a parking agreement or contract that governs the lots and allows cars to be parked on those residential lots. Walsh stated the question is who the parking agreement is with. Walsh stated the agreement should be in conformity with the City's rules even if the City is not a party to it. Barnhart stated the parking agreement was a requirement of the City as well as common ownership of all three lots. Crosby asked what would prohibit another business from purchasing an adjacent residential property and utilizing it as part of their business. Barnhart stated the City Council could prohibit parking on the residential lots in that circumstance but in this situation the City has already allowed the commercial entity to park on the residential lots. Walsh stated it would be interesting to see those documents and that it would be helpful to understand and see a real parking plan. Richie Anderson, Crystal Bay Road, stated the spirit of the overflow parking was for summertime only. Anderson indicated Jim Rivers originally owned this site and he presented a sketched -out map of the overflow parking, which was approved by the City. Anderson stated in 2005, he had a survey done of the property and that is the survey that is being used today. Anderson indicated the City never required him to submit a parking plan and that parking spaces have never been officially established. Anderson stated the problem with retail is it expands. Anderson noted he owns three marinas in the City and those businesses stay within the boundaries of their site. Anderson stated the spirit of the overflow parking was for the summertime and not the wintertime and that there never has been a detailed parking plan submitted. Walsh indicated he does not have a problem with any of the conditions outlined in Staff's report and that he would like to place a three or five-day limit on the tent, which would coincide with a normal special event in the City. Walsh stated other businesses, such as the Builders Showcase, could request tents for three months if this is approved. Walsh stated he is fine with River Valley picking the week they would like to have the tent. Walsh indicated he is fine with the parking at this point since parking is minimal during the winter, but if anything else is done on this lot, the City will need to have a definite parking plan and a better understanding of all the agreements. Rief noted the City allows 65 decibels in a residential zone and that River Valley is proposing 70 decibels at three feet. Rief stated further out it will be quieter and that the noise should be contained on the property. Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Printup stated the latest the store is open is 6 p.m. and Staff's condition under Item C says 10 p.m., which should be changed. Barnhart indicated that was taken from the City Code. Printup indicated he does not have a problem with starting with a smaller time frame and that he does not like the idea of a two or three-month temporary thing. Printup stated he would not be comfortable with a month and that the City Council can always extend it next year if it goes okay. Printup indicated he would be okay with a week. Dankey stated in her view a week or two would be a special event. Crosby stated the business is looking for two months and that a week or two would accommodate the business better and allow them to take advantage of the Super Bowl. Sweetso stated the whole goal was to cover the three boat shows over three weeks, with the Super Bowl the following week. Sweetso stated having it for one week would not make a lot of financial sense and that he is not sure if two weeks would either. Sweetso stated the goal was to cover the whole boat show season. Walsh commented he understands the fact that they would like the longer period but that people would also like to change two -acre zoning to one -acre zoning so they can make more money. Printup moved to approve the request by River Valley Sports for use of a tent for a sales display, subject to the conditions outlined in Staff s Report, with Item C being revised to require a 6 p.m. ending time each day, elimination of Item F, and allowing the tent for seven days somewhere between January 19 and March 19th. Mattick asked whether the days should be consecutive. Printup stated he would be okay with it being broken up. Dankey noted since River Valley will be moving the boats there, they likely would not want it broken up. Dankey moved, Crosby seconded, to amend the motion to allow the tent for up to 14 days, with a 6 p.m. ending time. Rief noted two weeks from January 19 would get them through the Super Bowl. Printup stated he is uncomfortable with 14 days and that he is really concerned with calling something temporary when it goes longer than a week. Walsh seconded Printup's motion. Crosby noted Lunds has had a tent for fireworks that is up for weeks. Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Barnhart stated Lunds does pull a permit for that and that typically a temporary site plan review is a Staff issue. Staff elected to bring this request before the City Council due to the history of the site. VOTE: Ayes 2, Nays 2, Crosby and Dankey Opposed. Motion fails. Crosby moved to approve the request by River Valley Sports for use of a tent for a sales display subject to the conditions outlined in Staffs Report, with Item C being revised to require a 6 p.m. ending time each day, elimination of Item F, and allowing the tent for two weeks somewhere between January 19 and March 191h. Crosby stated in his view the City needs to be more flexible and that they should give them two weeks, which would cover the Super Bowl. Crosby stated two weeks is more reasonable and friendlier to businesses and is also being cognizant of the neighbors. Crosby stated he is very familiar with that intersection and that most of the time when cars go in the lake it is because the driver has been drinking. Crosby stated the two weeks will allow the business to take advantage of the Super Boal but not make it a long-term thing. Crosby stated if River Valley would like to do it again the following year, the City Council can review how it went, and if it caused a nuisance, it will not happen. Dankey seconded Crosby's motion. VOTE: Ayes 2, Nays 2, Walsh and Printup opposed. Motion fails. Crosby moved, Dankey seconded, to approve the request by River Valley Sports for use of a tent for a sales display subject to the conditions outlined in Staffs Report, with Item C being revised to require a 6 p.m. ending time each day, elimination of Item F, and allowing the tent for ten days somewhere between January 19 and March 19th. VOTE: Ayes 4, Nays 0. Motion passes. MAYOR/COUNCIL REPORT Dankey noted Charles Lazerus from the Minneapolis Orchestra is playing in Orono tonight. Crosby commented he looks forward to seeing the bell ringers in front of Lunds and that he would encourage everyone to be generous. Printup noted this is the last meeting of the year and that he would like to congratulate the new council members for making it through the year and working hard on next year's budget. Walsh thanked Staff and Council for their great work through the year and that he looks forward to 2018. Walsh commented the City had a great year with some extra revenue coming in, technology being improved, the City's parks and roads being improved, a rescue boat dock being approved on Lake Minnetonka, the residents seeing a decrease in the tax rates and permit fees, and a new city administrator being on board. Page 14 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. CITY ADMINISTRATOR'S REPORT 19. RESOLUTION OPPOSING CHANGE TO THE ADMINISTRATION OF HENNEPIN COUNTY SHERIFF'S CRIME LAB WITHOUT CONSULTATION WITH COMMUNITIES AFFECTED BY THE CHANGE — RESOLUTION NO. 6823 Dankey moved, Crosby seconded, to adopt RESOLUTION NO. 6823, a Resolution Opposing Change to the Administration of Hennepin County Sheriffs Crime Lab without Consultation with Communities Affected by the Change. Walsh noted the vote is scheduled for tomorrow by Hennepin County and there has been no consultation with the police chiefs in the area regarding the changes. Rief stated one of the police chief's concerns is that the process has not been handled appropriately for all the stakeholders and that there have been no consultations regarding the changes for the past six months. Walsh commented this is a long-term decision and it should be vetted better. Rief stated Staff does not feel comfortable with the process and has received very little information regarding it. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he has nothing to report. ADJOURNMENT Walsh moved, Printup seconded, to adjourn the Orono City Council meeting at 8:25 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 15 of 15 AGENDA ITEM Item No.: 3 Item Description: Claims/Bills Date: January 8, 2018 Presenter: Ron Olson Agenda Consent Agenda Finance Director Section: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 108694 to 108825, totaling $464,915.53. This listing includes checks processed and mailed on December 18th as approved by council at the December meeting. 3. Noteworthy Payments. Vendor Amount Description of Payment #108775 Insituform $12,309.92 Payment of the retainage for the 2015 Sewer Projects #108788 Met Council Env $39,434.77 Monthly payment for wastewater charges. Total annual payment for 2018 will be $473,217.24. #108801 Park Construction $26,021.59 Payment #4 for the Fox Street Improvements. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Prepared By: J'?Ic Reviewed By: JIV Approved By: -TV City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account A-1 ELECTRIC SERVICE OF WA 01/08/2018 108734 20618 602-49450-406 Total 108734: 100.13 2017-00940 500 Willow Drive Special Services 250.25 ADVANCED IMAGING SOLUTIO 12/18/2017 108694 INV152385 602-49450-401 ADVANCED IMAGING SOLUTIO 12/18/2017 108694 INV152385 101-41900-401 ADVANCED IMAGING SOLUTIO 12/18/2017 108694 INV152385 101-42110-401 Total 108694: Engineering 1,440.00 GIS Updates Engineering ADVANCED IMAGING SOLUTIO 12/18/2017 108695 INV146833 602-49450-401 ADVANCED IMAGING SOLUTIO 12/18/2017 108695 INV146833 101-42110-401 ADVANCED IMAGING SOLUTIO 12/18/2017 108695 INV146833 101-41900-401 Total 108695: ALBERS JEWELRY 01/08/2018 108735 69156 101-41300-489 Total 108735: BCAATTN: MNJIS 12/18/2017 108696 12/13/17 101-42110-319 Total 108696: BIFFS INC 12/18/2017 108697 W662271 101-45200-415 Total 108697: BOLTON & MENK INC. 12/18/2017 108698 209995 101-43280-304 BOLTON & MENK INC. 12/18/2017 108698 209996 101-43280-304 BOLTON & MENK INC. 12/18/2017 108698 209997 101-43280-304 BOLTON & MENK INC. 12/18/2017 108698 209998 101-43280-304 BOLTON & MENK INC. 12/18/2017 108698 209999 101-43280-304 BOLTON & MENK INC. 12/18/2017 108698 210000 602-49450-304 BOLTON & MENK INC. 12/18/2017 108698 210000 601-49400-304 BOLTON & MENK INC. 12/18/2017 108698 210000 651-49910-304 BOLTON & MENK INC. 12/18/2017 108698 210000 101-43170-304 BOLTON & MENK INC. 12/18/2017 108698 210000 101-43170-304 BOLTON & MENK INC. 12/18/2017 108698 210000 101-43280-304 BOLTON & MENK INC. 12/18/2017 108698 210002 651-16500 Description Department Invoice Amount OPD#17013042 LIFT STATION#7/INS CLAIM Sewer 1.054.22 235.90 2 watches employee recognition Administration 398.38 398.38 Background Check Janitor Police Department 96.00 Lurton Park bill Parks 1,054.22 PRINTERS 12/10/17-01/09/18 Sewer 50.00 PRINTERS 12/10/17-01/09/18 Central Services 100.12 PRINTERS 12/10/17-01/09/18 Police Department 100.13 2017-00940 500 Willow Drive Special Services 250.25 Printers - 10/10/17-11/9/17 Sewer 47.78 Printers - 10/10/17-11/9/17 Police Department 94.06 Printers - 10/10/17-11/9/17 Central Services 94.06 235.90 2 watches employee recognition Administration 398.38 398.38 Background Check Janitor Police Department 96.00 Lurton Park bill Parks 62.50 62.50 2017-01067 570 Sandhill Special Services 180.00 2017-01075 2625 Kelly Special Services 180.00 2017-00940 500 Willow Drive Special Services 120.00 2017-01093 1284 wildhurst Special Services 120.00 2017-00987 Mooney Lake Dr Special Services 540.00 GIS - Sewer Updates Sewer 912.00 GIS - Water Updates Water 96.00 GIS - Storm Water Storm Water 1,528.00 GIS - Updates Engineering 1,440.00 GIS Updates Engineering 217.00 Ivy Place Special Services 72.00 LL Ravine Project 2,129.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount BOLTON & MENK INC. 12/18/2017 108698 210002 225-45200-304 Big Island Planning Special Services 210.00 BOLTON & MENK INC. 12/18/2017 108698 210004 651-49910-304 2017 Pond MaintenancePond Assessments Storm Water 300.00 BOLTON & MENK INC. 12/18/2017 108698 210005 602-16500 2017 Sewer Improvements Sewer 1,192.00 BOLTON & MENK INC. 12/18/2017 108698 210006 435-48966-304 2017 Street Improvments Water 6,366.00 BOLTON & MENK INC. 12/18/2017 108698 210008 101-43170-304 Willow Trail Engineering 3,545.00 BOLTON & MENK INC. 12/18/2017 108698 210009 435-48966-304 2018 street improvements Engineering 13,819.00 BOLTON & MENK INC. 12/18/2017 108698 210011 101-42400-304 Comp Plan Support Building & Zoning 900.00 BOLTON & MENK INC. 12/18/2017 108698 210012 101-43280-304 Crystal Bay Estates Special Services 55.00 BOLTON & MENK INC. 12/18/2017 108698 210013 435-48967-304 Fox Street Improvements 6,421.50 BOLTON & MENK INC. 12/18/2017 108698 210014 402-48055-304 OCB Feasability Study OCB Road Reconstruction 14,372.00 BOLTON & MENK INC. 12/18/2017 108698 210015 101-43170-304 OCB Temp Turn Lanes Engineering 64.00 BOLTON & MENK INC. 12/18/2017 108698 210016 651-16500 Old Long Lake Road Ravine Stab Special Services 759.00 BOLTON & MENK INC. 12/18/2017 108698 210017 101-43280-304 Shadywood Villas Special Services 1,321.00 BOLTON & MENK INC. 12/18/2017 108698 210028 101-43280-304 Tanager Estates Special Services 1,124.00 BOLTON & MENK INC. 12/18/2017 108698 210029 601-49400-304 Water Supply Plan Water 3,196.00 Total 108698: 61,178.50 BOLTON & MENK INC. 01/08/2018 108736 0211247 602-49450-304 202016 sewer improvements Sewer 64.00 BOLTON & MENK INC. 01/08/2018 108736 0211253 101-43280-304 2017-01341 Mooney Lake Dr Special Services 378.00 BOLTON & MENK INC. 01/08/2018 108736 0211254 101-43280-304 2017 Orono High School Review Special Services 600.00 BOLTON & MENK INC. 01/08/2018 108736 0211255 602-49450-304 GIS - Sewer Updates Sewer 384.00 BOLTON & MENK INC. 01/08/2018 108736 0211255 601-49400-304 GIS -water Water 288.00 BOLTON & MENK INC. 01/08/2018 108736 0211255 651-49910-304 GIS - Storm Water Storm Water 288.00 BOLTON & MENK INC. 01/08/2018 108736 0211255 101-43170-304 GIS - Updates Engineering 768.00 BOLTON & MENK INC. 01/08/2018 108736 0211257 651-49910-304 2017 Pond MaintenancePond Assessments Storm Water 600.00 BOLTON & MENK INC. 01/08/2018 108736 0211258 602-16500 2017 Sewer Improvements 1,469.00 BOLTON & MENK INC. 01/08/2018 108736 0211259 435-48966-304 2017 Street Improvments 2,453.00 BOLTON & MENK INC. 01/08/2018 108736 0211260 101-43170-304 2017 Willow Trail maintenenance Engineering 1,257.00 BOLTON & MENK INC. 01/08/2018 108736 0211261 435-48966-304 2018 street improvements 23,068.00 BOLTON & MENK INC. 01/08/2018 108736 0211263 101-43280-304 Crystal Bay Estates Special Services 165.00 BOLTON & MENK INC. 01/08/2018 108736 0211264 435-48967-304 Fox Street Improvements 1,903.00 BOLTON & MENK INC. 01/08/2018 108736 0211265 101-43280-304 2017 Lakeview addition Special Services 610.00 BOLTON & MENK INC. 01/08/2018 108736 0211266 435-48966-304 Orono Leaf Street Imp 626.00 BOLTON & MENK INC. 01/08/2018 108736 0211267 651-16500 Old Long Lake Road Revine Stab 278.00 BOLTON & MENK INC. 01/08/2018 108736 0211268 101-43280-304 Orono Preservice Special Services 1,247.00 BOLTON & MENK INC. 01/08/2018 108736 0211270 601-49400-304 Orono Water supply plan Water 800.00 BOLTON & MENK INC. 01/08/2018 108736 0211282 402-48055-304 Old Crystal Bay Feasibility Study OCB Road Reconstruction 6,113.50 BOLTON & MENK INC. 01/08/2018 108736 021156 651-49910-304 2017 mist engineering Storm Water 60.00 BOLTON & MENK INC. 01/08/2018 108736 021156 101-43170-304 2017 misc engineering Engineering 30.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number BOLTON & MENK INC. 01/08/2018 108736 021156 101-43170-304 city meeting -no charge BOLTON & MENK INC. 01/08/2018 108736 021156 101-43170-304 city meeting -professional Total 108736: BOND TRUST SERVICES CORP 01/08/2018 108737 39693 322-47000-620 GO bond #2014A Agent fees Total 108737: BRANDON MAURER 01/08/2018 108738 12202017 101-43000-226 2017 SAFETY BOOTS Total 108738: BRAUN INTERTEC 12/18/2017 108699 8115160 101-43000-319 2018 street improvements Total 108699: BRIAN CLARK 01/08/2018 108739 12272017 101-42110-226 2017 safety shoe remainder allowance Total 108739: BUDGET PRINTING 12/18/2017 108700 6027 101-42110-352 alarm/open door hangers Total 108700: BUDGET PRINTING 01/08/2018 108740 6165 101-45210-352 golf/gift cert Total 108740: BUREAU OF CRIM. APPREHEN 01/08/2018 108741 453823 101-42110-311 cjdn access Total 108741: BUSINESS ESSENTIALS 01/08/2018 108742 CP -WO -3467 101-41900-201 credit file folders BUSINESS ESSENTIALS 01/08/2018 108742 WO -346730- 101-41900-201 supplies Total 108742: CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 General legal Matters CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 Data Practices Department Engineering Engineering Public Works Department Public Works Department Police Department Police Department Golf Course Police Department Central Services Central Services Law/Legal Services Law/Legal Services Page: 3 Jan 04. 2018 10:46AM Invoice Amount 43,449.50 450.00 450.00 173.99 173.99 8,205.00 8,205.00 85.01 751.86 139.50 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 CSAH 112 Law/Legal Services 263.50 CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 Council packet Law/Legal Services 17.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 Labor Contracts Law/Legal Services 511.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 Council communications 10/17 Law/Legal Services 46.50 CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 review Outstanding Litigation Law/Legal Services 325.50 CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 Insurance - LID Law/Legal Services 217.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-000G 1 101-41600-307 Review JPA Law/Legal Services 186.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-004G1 101-42110-307 Police Matters 10/17 Police Department 93.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-1215G 101-41600-307 Code Enforcement Law/Legal Services 124.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-150G7 101-43290-800 litigation Special Projects -Contingencies 389.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-201 G 6 101-41600-307 Misc Recordings 10/17 Law/Legal Services 792.52 CAMPBELL KNUTSON 12/18/2017 108701 2717-245G 101-43280-307 13-3606 1444 Shoreline Special Services 125.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-441G8 101-41600-307 Alishah Land Reg Law/Legal Services 218.50 CAMPBELL KNUTSON 12/18/2017 108701 2717-473G1 101-41600-307 Johnson/feldson matter Law/Legal Services 516.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-50864 235-45690-319 HRA Purchase Agreement 108.68 CAMPBELL KNUTSON 12/18/2017 108701 2717-51761 101-43280-307 17-3964 3635 Togo Special Services 100.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-51801 101-43280-304 17-3965 2665 Casco Point Special Services 50.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-519G 1 101-43280-307 17-3967 3060 North Shore Special Services 50.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-520G 1 101-43280-307 17-3933 3405/3407 Crystal Bay Rd Special Services 723.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-521G 101-43280-307 101-43280-307 Special Services 400.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-800G 2 101-42400-307 STAFF MTGS 9/17Meetings 10/17 Building & Zoning 821.50 CAMPBELL KNUTSON 12/18/2017 108701 2717-801G 101-41600-307 Council Meetings 10/2017 Law/Legal Services 1,364.00 CAMPBELL KNUTSON 12/18/2017 108701 2717-802G 101-42400-307 B&Z Assistance 10/17 Building & Zoning 387.50 CAMPBELL KNUTSON 12/18/2017 108701 2717-803G 101-42400-307 Ordinances Building & Zoning 77.50 Total 108701: 8,798.06 CAMPBELL KNUTSON 01/08/2018 108743 2717-000G 1 101-41600-307 General legal Review 11/17 Law/Legal Services 399.21 CAMPBELL KNUTSON 01/08/2018 108743 2717-000G 1 101-41600-307 Data Practices Law/Legal Services 217.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-000G 1 101-41600-307 Council Commincations 11/17 Law/Legal Services 124.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-000G 1 101-41600-307 Records Retention Law/Legal Services 356.50 CAMPBELL KNUTSON 01/08/2018 108743 2717-000G 1 101-41600-307 Banners Law/Legal Services 232.50 CAMPBELL KNUTSON 01/08/2018 108743 2717-004G 1 101-42110-307 Police Matters 11/17 Police Department 31.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-115G 8 101-41600-308 Code Enforcement 11/17 Law/Legal Services 46.50 CAMPBELL KNUTSON 01/08/2018 108743 2717-150G 7 101-43290-800 litigation Special Projects -Contingencies 775.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-201G 6 101-41600-307 Misc Recordings 11/17 Law/Legal Services 541.13 CAMPBELL KNUTSON 01/08/2018 108743 2717-441G 9 101-41600-307 Azad Land Registration Law/Legal Services 124.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-522G 1 101-43280-307 17-3966 1525 Long Lake Blvd Special Services 50.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-523G1 101-43280-307 17-3972 1920 Shadywood Special Services 50.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-524G 1 101-43280-307 17-3974 2445 Shadywood Special Services 50.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CAMPBELL KNUTSON 01/08/2018 108743 2717-525G 1 101-43280-307 17-3975 1284 Wildhurst Special Services 50.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-526G 1 101-43280-307 17-3977 1400 Brackets Point Special Services 100.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-527G 1 101-43280-307 17-3978 1720 Shadywood Special Services 50.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-528G 1 101-43280-307 17-3987 2625 Kelly Ave Special Services 75.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-529G 1 101-43280-307 17-3970 2709 Walters Port Lane Special Services 125.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-530G 101-43280-307 17-3989 Ivy Place Special Services 366.50 CAMPBELL KNUTSON 01/08/2018 108743 2717-800G 2 101-42400-307 Staff Meetings 11/17 Building & Zoning 713.00 CAMPBELL KNUTSON 01/08/2018 108743 2717-801G 2 101-41600-307 Council Meetings 11/17 Law/Legal Services 1,193.50 CAMPBELL KNUTSON 01/08/2018 108743 2717-802G 2 101-42400-307 B&Z Assistance 11/17 Building & Zoning 821.50 CAMPBELL KNUTSON 01/08/2018 108743 2717-803G 2 101-42400-307 Ordinances Building & Zoning 248.00 Total 108743: 6,739.34 CARDMEMBER SERVICE 12/18/2017 108702 CF11112017 101-42110-212 car wash Police Department 10.00 CARDMEMBER SERVICE 12/18/2017 108702 CF12042017 101-42110-404 light bulb f/frig & freezer Police Department 7.96 CARDMEMBER SERVICE 12/18/2017 108702 CF12062017 101-42110-439 police commision meeting Police Department 15.16 CARDMEMBER SERVICE 12/18/2017 108702 CF1207207 101-42110-212 gas for #235 Police Department 10.00 CARDMEMBER SERVICE 12/18/2017 108702 CF12082017 101-42110-575 wife & connection cables Police Department 46.35 CARDMEMBER SERVICE 12/18/2017 108702 CF12132017 101-42110-228 evidence collection bottles Police Department 52.37 CARDMEMBER SERVICE 12/18/2017 108702 CF12142017 101-42110-570 freezer for evedence room Police Department 468.81 CARDMEMBER SERVICE 12/18/2017 108702 RO11182017 101-41900-201 USB to USB cable Central Services 5.36 CARDMEMBER SERVICE 12/18/2017 108702 RO12082017 101-42400-437 building official institute Building & Zoning 125.00 CARDMEMBER SERVICE 12/18/2017 108702 SO12122017 101-41900-223 american flags Central Services 137.35 Total 108702: 878.36 CARDMEMBER SERVICE 01/08/2018 108744 12/18/17CF 101-42110-201 Santa Supplies Police Department 20.11 CARDMEMBER SERVICE 01/08/2018 108744 12/18/17CF 101-42110-402 vehicle supplies Police Department 133.04 CARDMEMBER SERVICE 01/08/2018 108744 12072017 101-41300-439 sheet cake/retirement Administration 77.17 CARDMEMBER SERVICE 01/08/2018 108744 AC11202017 101-41300-439 welcome bagels Administration 30.09 CARDMEMBER SERVICE 01/08/2018 108744 AC11272017 101-41110-439 cookies for cc meetings Mayor & Council 6.99 CARDMEMBER SERVICE 01/08/2018 108744 AC11272017 101-41300-439 welcome refreshments Administration 11.62 CARDMEMBER SERVICE 01/08/2018 108744 AC12012017 101-41300-439 misc items for retirement luncheon Administration 8.55 CARDMEMBER SERVICE 01/08/2018 108744 AC12042017 101-41300-439 misc items for retirement luncheon Administration 22.01 CARDMEMBER SERVICE 01/08/2018 108744 AC12042017 101-41300-439 misc items for retirement luncheon Administration 48.33 CARDMEMBER SERVICE 01/08/2018 108744 AC12072017 101-41300-439 retirement lunchion/Famous Daves Administration 680.41 CARDMEMBER SERVICE 01/08/2018 108744 AC12112017 101-41300-319 leadership team bldg exercise Administration 202.94 CARDMEMBER SERVICE 01/08/2018 108744 AC12112017 101-41110-439 cookies for cc meetings Mayor & Council 12.36 CARDMEMBER SERVICE 01/08/2018 108744 BB12152017 101-41300-489 employee recognition/holiday luncheon Administration 940.84 CARDMEMBER SERVICE 01/08/2018 108744 CF010218 101-42110-433 2018 AMEM Membership Police Department 130.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Sewer 33.43 CARDMEMBER SERVICE 01/08/2018 108744 DJ SUPERA 101-42110-212 Fuel for Chainsaws Total 108744: 26.11 Water 96.82 Golf Course 201.44 CCP INDUSTRIES INC. 01/08/2018 108745 2001678 101-43000-226 Safety Glasses CCP INDUSTRIES INC. 01/08/2018 108745 2001678 601-49400-226 Safety Glasses CCP INDUSTRIES INC. 01/08/2018 108745 2001678 602-49450-226 Safety Glasses CCP INDUSTRIES INC. 01/08/2018 108745 2001678 602-49450-226 Safety Glasses Total 108745: 31.50 CENTERPOINT ENERGY MAIN 01/08/2018 108746 10741575-4 602-49450-381 Gas -LS #2 Generator Total 108746: CENTURY LINK 01/08/2018 108747 9524717766 601-49400-321 Internet Water Plant 12/4 - 1/3 CENTURY LINK 01/08/2018 108747 9524731909 101-45210-321 GC phone/internet 12/19/-1/18 Total 108747: CHRIS FISCHER 01/08/2018 108748 12/15/172 101-42110-437 WCC Meetings Aug - Dec 2017 Total 108748: CHRISTINE MATTSON 12/18/2017 108703 12152017 101-41300-489 supplies-EmployeeRecognition Event Total 108703: CHUNKS LAKESHORE AUTO 12/18/2017 108704 0015269 101-42110-402 #246 service CHUNKS LAKESHORE AUTO 12/18/2017 108704 0015277 101-42110-402 #247 service CHUNKS LAKESHORE AUTO 12/18/2017 108704 0015284 101-42110-402 #235 service Total 108704: CHUNKS LAKESHORE AUTO 01/08/2018 108749 15310 101-42110-402 #245 Service CHUNKS LAKESHORE AUTO 01/08/2018 108749 15314 101-42110-402 #239 Service Total 108749: CITY OF BLOOMINGTON 01/08/2018 108750 1700239 601-49400-489 water testing Department Invoice Amount Police Department 28.00 2,352.46 Public Works Department 33.82 Water 33.82 Sewer 33.43 Sewer .40 101.47 Sewer 26.11 26.11 Water 96.82 Golf Course 201.44 298.26 Police Department 69.00 69.00 Administration 60.31 60.31 Police Department 63.81 Police Department 49.63 Police Department 104.54 217.98 Police Department 45.79 Police Department 419.30 465.09 Water 31.50 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Page: 7 Jan 04. 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 108750: 31.50 City of Wayzata\DVS 01/08/2018 108751 186-859 101-42110-441 License - Police Trailer Police Department 16.00 Total 108751: 16.00 COMMERCIAL ASPHALT 01/08/2018 108752 171130 101-43000-224 Asphalt Public Works Department 1,143.36 Total 108752: 1,143.36 CORE & MAIN 01/08/2018 108753 179933 601-49400-405 Curb Box Repair Water 188.15 CORE & MAIN 01/08/2018 108753 179933 602-49450-406 Sewer Cap Solvent Weld Sewer 123.38 Total 108753: 311.53 CULLIGAN 12/18/2017 108705 108378 101-45210-403 softener exchange service Golf Course 21.29 Total 108705: 21.29 DAVID AHLERS 01/08/2018 108754 01022018 101-22205 escrow refund -17-01094 1080 Tonkawa Rd 2,500.00 Total 108754: 2,500.00 DELTA DENTAL 01/08/2018 108755 7130756 101-15998 Dental 1/2018 455.00 DELTA DENTAL 01/08/2018 108755 7130756 101-15998 Dental 1/2018 455.00 DELTA DENTAL 01/08/2018 108755 7130756 101-21709 Dental 1/2018 2,571.50 Total 108755: 3,481.50 DEPT OF PUBLIC SAFETY 01/08/2018 108756 2717000032 101-43000-404 hazardous chemical fee -north water plant Public Works Department 100.00 DEPT OF PUBLIC SAFETY 01/08/2018 108756 2717000042 101-43000-404 hazardous chemical fee Public Works Department 100.00 DEPT OF PUBLIC SAFETY 01/08/2018 108756 2717000062 101-43000-404 hazardous chemical fee Public Works Department 25.00 Total 108756: 225.00 DITTER INC. 12/18/2017 108706 7120710180 101-42110-404 FURANCE REPAIR Police Department 274.73 Total 108706: 274.73 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number DOMINOS PIZZA 01/08/2018 108757 5185 B 101-42110-439 Explorere Mtg/Awards Total 108757: DPC INDUSTRIES 01/08/2018 108758 827002009-1 601-49400-216 chroline Total 108758 DVS RENEWAL 01/08/2018 108759 145729 601-49400-441 Tabs #711 DVS RENEWAL 01/08/2018 108759 187685 101-43000-441 Tabs #483 DVS RENEWAL 01/08/2018 108759 187686 101-43000-441 Tabs #483 DVS RENEWAL 01/08/2018 108759 197527 101-43000-441 Tabs #482 DVS RENEWAL 01/08/2018 108759 901421 101-43000-441 Tabs #432 DVS RENEWAL 01/08/2018 108759 909054 101-43000-441 Tabs #425 DVS RENEWAL 01/08/2018 108759 930836 101-43000-441 Tabs #431 DVS RENEWAL 01/08/2018 108759 9308830 101-43000-441 Tabs #422 DVS RENEWAL 01/08/2018 108759 936680 101-42400-441 Tabs #211 DVS RENEWAL 01/08/2018 108759 938892 602-49450-441 Tabs #712 DVS RENEWAL 01/08/2018 108759 950384 101-43000-441 Tabs #426 DVS RENEWAL 01/08/2018 108759 952934 101-43000-441 Tabs #424 Total 108759: EARL F ANDERSON & ASSOC 01/08/2018 108760 0116360 -IN 101-43000-226 street signs EARL F ANDERSON & ASSOC 01/08/2018 108760 116282 -IN 101-43000-226 street signs Total 108760 ECM PUBLISHERS INC 01/08/2018 108761 557653 101-41900-352 Account Advertisment ECM PUBLISHERS INC 01/08/2018 108761 559280 101-41900-352 2018 Fee Schedule Total 108761 Department Invoice Amount Police Department 92.27 Water Water 16.00 Public Works Department 16.00 Public Works Department 16.00 Public Works Department 16.00 Public Works Department 16.00 Public Works Department 16.00 Public Works Department 16.00 Public Works Department 16.00 Building & Zoning 16.00 Sewer 16.00 Public Works Department 16.00 Public Works Department 16.00 Public Works Department 99.53 Public Works Department 380.41 479.94 Central Services 391.66 Central Services 53.64 EMBEDDED SYSTEMS INC. 01/08/2018 108762 343613 101-42110-403 siren maint 01/01/18-6/30/18 Police Department 1,107.00 Total 108762: 1,107.00 ERICKSON BUILDERS & CO 01/08/2018 108763 RFP 1F 703-49960-379 Watertown Gaurdrail 5,283.33 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 108763: EXPRESS EMPLOYMENT PROF 01/08/2018 108764 19913020 101-41300-319 Temp - Emp Recognition Event Total 108764: FIRESIDE HEARTH & HOME 01/08/2018 108765 2017-01379 101-32530 Permit Refund Total 108765: G & K SERVICES 12/18/2017 108707 6006794274 101-41900-401 CH Mats G & K SERVICES 12/18/2017 108707 6006794275 101-41900-401 CH Mats Total 108707: G & K SERVICES 01/08/2018 108766 6006791815 101-43000-226 uniforms G & K SERVICES 01/08/2018 108766 6006802991 101-43000-226 uniforms G & K SERVICES 01/08/2018 108766 6006814194 101-43000-226 uniforms G & K SERVICES 01/08/2018 108766 6006839131 101-41900-401 Mats - Council Chambers G & K SERVICES 01/08/2018 108766 6006839132 101-41900-401 Mats City Hall Total 108766: GENUINE PARTS COMPANY/NA 01/08/2018 108767 3270-384772 101-43000-402 Battery/Filters 709/710/422 GENUINE PARTS COMPANY/NA 01/08/2018 108767 3270-386408 101-43000-403 Brine Tank Parts GENUINE PARTS COMPANY/NA 01/08/2018 108767 3270-386461 101-43000-403 Front Light #423 GENUINE PARTS COMPANY/NA 01/08/2018 108767 3270-386894 101-43000-402 Taillight#708 Total 108767: GOPHER STATE ONE CALL 01/08/2018 108768 7120634 601-49400-489 locates GOPHER STATE ONE CALL 01/08/2018 108768 7120634 602-49450-489 locates Total 108768: GREGG PALMER 12/18/2017 108708 12152017 101-43000-226 reimb boots GREGG PALMER 12/18/2017 108708 12152017 101-43000-226 reimb boots Department Invoice Amount Administration Central Services Central Services Public Works Department Public Works Department Public Works Department Central Services Central Services Public Works Department Public Works Department Public Works Department Public Works Department Water Sewer Public Works Department Public Works Department 5,283.33 92.40 92.40 75.00 75.00 65.92 63.96 78.02 10.80 240.62 2.29 10.99 2.49 70.87 191.24- City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Page: 10 Jan 04, 2018 10:46AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 19.00 Public Works Department 1,122.76 1,122.76 43,417.50 Total 108708: 6,044.50 Police Department 626.00 50,088.00 GREGG PALMER 12/19/2017 108730 COR 121520 101-43000-226 reimb boots Total 108730: 656.68 2,392.68 Central Services 51.00 GREGG PALMER 01/08/2018 108769 12192017 101-43000-441 reimb Class A license Total 108769: 2,125.82 Central Services 1,111.73 HD SUPPLY WATERWORKS LTD 01/08/2018 108770 1000810469 101-43000-226 safety equipment Total 108770: HEALTH PARTNERS 01/08/2018 108771 77981735 101-21706 health Insurance 1/2018 HEALTH PARTNERS 01/08/2018 108771 77981735 101-15998 health Insurance 1/2018 HEALTH PARTNERS 01/08/2018 108771 77981735 101-42110-135 health Insurance 1/2018 Total 108771: Henn county Community Correcti 12/18/2017 108709 1000101711 101-41600-309 JAIL Total 108709: HENNEPIN COUNTY ELECTION 01/08/2018 108772 121117 101-41410-221 Election Equipment HENNEPIN COUNTY ELECTION 01/08/2018 108772 121217 101-41410-322 PVC's Total 108772: HENNEPIN COUNTY INFOR TE 12/18/2017 108710 1000010151 101-41900-319 network support 12/17 Total 108710: HENNEPIN COUNTY INFOR TE 01/08/2018 108773 1000101640 101-43000-414 PW Radios 11/17 HENNEPIN COUNTY INFOR TE 01/08/2018 108773 ITC0001143 101-42110-414 Police Radios -11/17 Total 108773: HENNEPIN COUNTY TREASUR 12/18/2017 108711 2018 TNT 101-41900-352 2018 TNT Costs Page: 10 Jan 04, 2018 10:46AM Department Invoice Amount .00 Public Works Department 175.00 175.00 Public Works Department 19.00 19.00 Public Works Department 1,122.76 1,122.76 43,417.50 6,044.50 Police Department 626.00 50,088.00 Law/Legal Services 960.24 960.24 Elections 1,736.00 Elections 656.68 2,392.68 Central Services 51.00 51.00 Public Works Department 95.30 Police Department 2,030.52 2,125.82 Central Services 1,111.73 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Page: 11 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 108711: 1,111.73 HERC U LIFT 01/08/2018 108774 R044629 101-43000-415 Banner/Flag Removal Install Public Works Department 1,026.05 Total 108774: 1,026.05 INSITUFORM 01/08/2018 108775 RETAINAGE 602-20600 Final - 2015 Sewer Projects 12,309.92 Total 108775: 12,309.92 JACKIE YOUNG 01/08/2018 108776 DEC 2017 101-41300-319 CC meeting 12/11/17 Administration 190.00 Total 108776: 190.00 JACOB KAUL 01/08/2018 108777 11/30/17 101-42110-104 Complience Checks Police Department 45.00 Total 108777: 45.00 JAMI WITTKE 12/18/2017 108712 12132017 101-42110-437 TRAINING LUNCH Police Department 14.92 Total 108712: 14.92 JEAN & REBECCA PRENEVOST 01/08/2018 108778 01022018 101-22205 escrow refund -17-1536 2350 Oliver HIII 2,500.00 Total 108778: 2,500.00 JLR GARAGE DOOR SERVICE 1 01/08/2018 108779 55707 101-42110-404 Repair PD 1 garage door Police Department 461.53 Total 108779: 461.53 JOHN BAILEY 01/08/2018 108780 01022018 101-22205 escrow refund -17-839 2807 casco point rd 2,000.00 Total 108780: 2,000.00 KNIGHT HEATING & AIR 01/08/2018 108781 2017-00918 101-32530 Refund 2017-00918 96.25 Total 108781: 96.25 KUTOK ROCK LLP 12/18/2017 108713 2372979 235-45690-319 Orono Woods TIF 3,000.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Page: 12 Jan 04, 2018 10:46AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Public Works Department 2,610.00 Police Department 6,499.00 Police Department 198.00 Central Services 198.00 Total 108713: 925.00 7,820.00 Police Department 29.44 LANO EQUIPMENT 01/08/2018 108782 03-523355 101-43000-415 Bobcat Attachments Task 13773 Total 108782: LEAGUE OF MN CITIES 01/08/2018 108783 266325 101-42110-437 patrol subscription fee Total 108783: LOGIS 01/08/2018 108784 44503 101-42110-310 Police Records 11/17 LOGIS 01/08/2018 108784 44503 101-42110-329 internet 12/17 LOGIS 01/08/2018 108784 44503 101-41900-329 internet 12/17 LOGIS 01/08/2018 108784 44503 101-41900-329 Backups 12/17 Total 108784: LONG LAKE TRUE VALUE 01/08/2018 108785 B438226 101-42110-221 Armory Supplies LONG LAKE TRUE VALUE 01/08/2018 108785 B438308 601-49400-227 100W Bulbs Total 108785: Louise Gangelhoff 12/19/2017 108729 12/15/18 101-19999 Employee Auction Proceeds Total 108729: MANSFIELD OIL COMPANY 01/08/2018 108786 20534246 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 01/08/2018 108786 20534247 101-43000-212 Diesel Fuel MANSFIELD OIL COMPANY 01/08/2018 108786 20552859 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 01/08/2018 108786 20552860 101-43000-212 Diesel Fuel MANSFIELD OIL COMPANY 01/08/2018 108786 20552862 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 01/08/2018 108786 20552863 101-43000-212 Diesel Fuel Total 108786: MEDIACOM 01/08/2018 108787 43271/2018 614-49840-329 Internet 1/1/18-1/31/18 MEDIACOM 01/08/2018 108787 43271/2018 101-41900-329 Internet 1/1/18-1/31/18 MEDIACOM 01/08/2018 108787 43271/2018 101-42110-329 Internet 1/1/18-1/31/18 Page: 12 Jan 04, 2018 10:46AM Department Invoice Amount Public Works Department 3,000.00 Public Works Department 359.00 Public Works Department 359.00 Police Department 2,610.00 Public Works Department 2,610.00 Police Department 6,499.00 Police Department 198.00 Central Services 198.00 Central Services 925.00 7,820.00 Police Department 29.44 Water 8.98 Police Department 2,681.93 Public Works Department 264.99 Police Department 1,262.10 Public Works Department 812.28 Police Department 1,107.58 Public Works Department 247.40 6,376.28 Cable Franchise 539.50 Central Services 296.75 Police Department 296.75 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 108787: Melissa Albacten 12/18/2017 108714 12182017 999-10015 refund overpmt of final bill/2635 Casco Pt Rd Total 108714: MET COUNCIL ENVIRONMENTA 12/27/2017 108731 11-2017 101-20809 November 2017 SAC MET COUNCIL ENVIRONMENTA 12/27/2017 108731 11-2017 101-39610 November 2017 SAC Total 108731: MET COUNCIL ENVIRONMENTA 12/18/2017 108715 1070421 602-49450-383 Wastewater Charges 8/17 Total 108715: MET COUNCIL ENVIRONMENTA 01/08/2018 108788 1075676 602-49450-383 Wastewater Charges 1/18 Total 108788: METRO WEST INSPECTIONS S 01/08/2018 108789 1324 101-42400-310 Building Inspections - 11/2017 Total 108789: MINNEAPOLIS OXYGEN COMPA 01/08/2018 108790 18226 101-43000-415 cylinders MINNEAPOLIS OXYGEN COMPA 01/08/2018 108790 18227 101-43000-415 cylinders MINNEAPOLIS OXYGEN COMPA 01/08/2018 108790 18228 101-43000-415 cylinders Total 108790: MINNESOTA EQUIPMENT 01/08/2018 108791 059072 101-43000-403 Chainsaw repair MINNESOTA EQUIPMENT 01/08/2018 108791 059076 101-43000-403 Hand Gaurd Total 108791: MN CHIEF OF POLICE ASSN 01/08/2018 108792 7344 101-42110-433 2018 Membership C. Farniok MN CHIEF OF POLICE ASSN 01/08/2018 108792 7720 101-42110-437 Conference Registration Total 108792: Department Sewer Sewer Building & Zoning Public Works Department Public Works Department Public Works Department Public Works Department Public Works Department Police Department Police Department Page: 13 Jan 04, 2018 10:46AM Invoice 1,133.00 6.98 6.98 2,485.00 223.65 39,434.77 7,923.50 7,923.50 34.80 14.40 75.30 85.03 18.02 103.05 319.00 455.00 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount MN DEPT OF REVENUE -WIRE 01/08/2018 108793 11/2017 101-34210 Sales Tax 11/2017 27.00 Total 108793: 27.00 MN RURAL WATER ASSOCIATI 01/08/2018 108794 MEMBERSHI 601-49400-433 2018 MRWA Membership Water 250.00 Total 108794: 250.00 MOUND TRUE VALUE 01/08/2018 108795 149090 101-42110-402 Cleaning Supplies Police Department 25.05 MOUND TRUE VALUE 01/08/2018 108795 149160 101-42110-221 Flourescent Light Bulbs, Towels Police Department 44.96 MOUND TRUE VALUE 01/08/2018 108795 149319 101-42110-221 Cleaning supplies Police Department 65.95 Total 108795: 135.96 MUNICIPAL CODE CORPORATI 01/08/2018 108796 300956 101-41900-352 annual code support Central Services 275.00 MUNICIPAL CODE CORPORATI 01/08/2018 108796 301258 101-41900-352 code updates Central Services 484.00 Total 108796: 759.00 NAVARRE HARDWARE 01/08/2018 108797 307386 601-49400-227 Keys Water 11.94 Total 108797: 11.94 NEWEGG INC 01/08/2018 108798 1300913241 602-49450-201 USB Cable 50' Sewer 53.88 NEWEGG INC 01/08/2018 108798 1300970538 101-41900-221 Cabling Supplies Central Services 24.91 NEWEGG INC 01/08/2018 108798 1300975356 101-42110-221 laptop Powere Adapter Police Department 39.78 Total 108798: 118.57 NORTH MEMORIAL 12/18/2017 108716 8885027-113 101-42110-437 EMR REFRESHER/7 OFFICERS Police Department 420.00 Total 108716: 420.00 O SULLIVANS HOLIDAY 546 12/18/2017 108717 11302017 101-42110-402 Nov/17-Car Washes Police Department 77.00 Total 108717: 77.00 0 SULLIVANS HOLIDAY 547 12/18/2017 108718 NOV302017 101-42110-402 Nov/17- Car Washes Police Department 125.82 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Department Invoice Amount 125.82 Police Department 119.28 Police Department 126.99 Central Services Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Central Services 104.40 Total 108718: OFFICE DEPOT 12/18/2017 108719 9843068290 101-42110-201 TONER BLACK OFFICE DEPOT 12/18/2017 108719 9856492810 101-42110-201 TONER Total 108719: OFFICE DEPOT 01/08/2018 108799 9873132150 101-41900-201 Calenders, Dish soap OFFICE DEPOT 01/08/2018 108799 9873132900 101-41900-201 Cord OFFICE DEPOT 01/08/2018 108799 9876049540 101-41900-201 Credit for return OFFICE DEPOT 01/08/2018 108799 9889828470 101-41900-201 paper OFFICE DEPOT 01/08/2018 108799 9889829540 101-41900-201 kitchen supplies OFFICE DEPOT 01/08/2018 108799 9899071740 101-41900-201 Office Supplies - Total 108799: OPG -3 INC 01/08/2018 108800 2186 101-41900-416 2018 Imaging Annual Support Total 108800: PARK CONSTRUCTION COMPA 01/08/2018 108801 RFP #4 FOX 402-48057-590 RFP#4 Fox Street Improvements PARK CONSTRUCTION COMPA 01/08/2018 108801 RFP#4 402-20600 Fox Street improvments Total 108801: QUALITY FLOW SYSTEMS INC 01/08/2018 108802 34559 602-49450-406 GS#4 Pump Total 108802: RANDYS SANITATION INC 12/18/2017 108720 1-241681-3N 101-45210-404 nOV/17-trash sys RANDYS SANITATION INC 12/18/2017 108720 1-241681-3N 101-41900-404 nOV/17-trash sys RANDYS SANITATION INC 12/18/2017 108720 1-241681-3N 101-45200-404 nOV/17-trash sys Total 108720: RITEWAY BUSINESS FORMS 01/08/2018 108803 17-33816 651-49910-201 Utility Bill Forms RITEWAY BUSINESS FORMS 01/08/2018 108803 17-33816 601-49400-201 Utility Bill Forms RITEWAY BUSINESS FORMS 01/08/2018 108803 17-33816 602-49450-240 Utility Bill Forms RITEWAY BUSINESS FORMS 01/08/2018 108803 17-85512 101-41900-201 Withholding Forms Department Invoice Amount 125.82 Police Department 119.28 Police Department 126.99 Central Services 456.33 Central Services 8.72 Central Services 58.29 - Central Services 14.50 Central Services 56.62 Central Services 104.40 582.28 Central Services 5,988.00 Fox Street 27,391.15 26,021.59 Sewer 3,080.00 3,080.00 Golf Course 27.31 Central Services 849.46 Parks 351.98 Storm Water 895.06 Water 410.24 Sewer 410.24 Central Services 162.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Page: 16 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 108803: 1,877.54 ROB HOWELLS 01/08/2018 108804 4/2017 614-49840-319 Recording Meetings Cable Franchise 790.00 Total 108804: 790.00 SCHWAAB INC 01/08/2018 108805 2531895 101-41900-201 stamp Central Services 88.17 SCHWAAB INC 01/08/2018 108805 2532875 101-41900-201 stamp pads Central Services 34.94 Total 108805: 123.11 SCOTT OBERAIGNER 01/08/2018 108806 BOOTS 101-43000-226 Safety Boots 2017 Public Works Department 157.49 Total 108806: 157.49 SECURITY & SOUND CO 01/08/2018 108807 19095 101-42110-570 Digital Bulletin Board Police Department 2,323.00 SECURITY & SOUND CO 01/08/2018 108807 19098 101-42110-575 Bulletin board Software Police Department 370.00 Total 108807: 2,693.00 SHRED IT 01/08/2018 108808 8123625032 101-42110-201 shredding service 9/16/17 Police Department 594.00 Total 108808: 594.00 STREICHERS POLICE EQUIP 12/18/2017 108721 11290307 101-42110-228 liberator4 Police Department 3,815.99 Total 108721: 3,815.99 STREICHERS POLICE EQUIP 01/08/2018 108809 1293207 101-42110-550 Squad Car Set up Parts Police Department 7,768.74 Total 108809: 7,768.74 SUE DUNKLEY 01/08/2018 108810 01022018 101-22205 escrow refund -17-3947,3970,3971 2719 Pence lane 10,000.00 Total 108810: 10,000.00 SUN LIFE FINANCIAL 12/18/2017 108722 237745 -JAN 101-15998 Life Ins-Jan/2018 190.00 SUN LIFE FINANCIAL 12/18/2017 108722 237745 -JAN 101-21710 Life Ins-Jan/2018 1,040.75 SUN LIFE FINANCIAL 12/18/2017 108722 237745 -JAN- 101-21714 STD-jan/2018 603.70 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 108722: SUN LIFE FINANCIAL 01/08/2018 108811 1/2018 101-21714 STD Insurance 1/2018 SUN LIFE FINANCIAL 01/08/2018 108811 1/2018 LIFE 101-21710 Life Ins 1/2018 Total 108811: SUNRAM CONSTRUCTION INC. 12/20/2017 108151 PR #7 & FIN 651-20600 final pr#7 retainage/carmen bay/shoreline Total 108151: SUSAN SCHULTZ 01/08/2018 108812 MOA 101-42110-437 Lunch - Training Total 108812: T W TUPY INC 01/08/2018 108813 120517 101-45200-223 limestone -Saga & Hackberry Lots Total 108813: THE UPS STORE 12/18/2017 108723 12/8/17 101-41900-201 Maps Total 108723: TL STEVENS 01/08/2018 108814 9179 101-45210-403 GC well repair Total 108814: TOLL GAS & WELDING SUPPLY 01/08/2018 108815 40074562 101-43000-415 Cylinder\Demurrage Total 108815: TOM MITTELSTAEDT PAINTING 01/08/2018 108816 6345 101-41900-404 Office Painting Total 108816: TONY WITTKE 01/08/2018 108817 12062017 101-42110-437 reimb meals- training for 3 Total 108817: Department Police Department Parks Central Services Golf Course Public Works Department Central Services Police Department Page: 17 Jan 04, 2018 10:46AM Invoice 1,834.45 68.10 43.05 2,529.26 197.50 197.50 2,518.19 2,518.19 10.68 10.68 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/12/2017 - 1/8/2018 Page: 18 Jan 04, 2018 10:46AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 2,475.00 TRI K SERVICES 12/19/2017 108597 7617 601-49400-405 water dig/3800 casco ave Total 108597: VANGUARD CLEANING SYSTE 12/18/2017 108724 56181 101-41900-407 Janitorial service VANGUARD CLEANING SYSTE 12/18/2017 108724 56181 101-42110-407 Janitorial service Total 108724: VERIZON WIRELESS 01/08/2018 108818 9797566419 101-42110-321 Cell Phones 11/7-12/6 Total 108818: WACONIA FORD 01/08/2018 108819 89943 601-49400-402 Gas Cap #712 Total 108819: WASTE MANAGEMENT RECYC 12/18/2017 108725 34524-2808- 603-49500-316 Reccycling 12/2017 Total 108725: WEST HENNEPIN PUBLIC SAFE 01/08/2018 108820 2018 101-42110-433 2018 ERU Membership Total 108820: WESTSIDE WHOLESALE TIRE 01/08/2018 108821 803450 101-45200-402 Tire #610 WESTSIDE WHOLESALE TIRE 01/08/2018 108821 804090 601-49400-402 Tires #710 WESTSIDE WHOLESALE TIRE 01/08/2018 108821 804090 602-49450-402 Tires #710 Total 108821: WIDMER CONTSTRUCTION 01/08/2018 108822 4371 651-16500 Storm Sewer Replacement Total 108822: WILLIAMS TOWING 01/08/2018 108823 147046 101-42110-436 tow chev Impala Total 108823: WRIGHT HENNEPIN ELECTRIC 01/08/2018 108824 3502604368 602-49450-381 Electical Service 11/1-12/1 Page: 18 Jan 04, 2018 10:46AM Department Invoice Amount Water 66.00- 66.00 - Central Services 1,435.50 Police Department 1,039.50 2,475.00 Police Department 4,170.91 4,170.91 Water 22.74 22.74 8,972.62 Police Department 3,000.00 3,000.00 Parks 111.82 Water 297.30 Sewer 297.30 Police Department 596.76 596.76 Sewer 59.87 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 12/12/2017 - 1/8/2018 Jan 04, 2018 10:46AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount WRIGHT HENNEPIN ELECTRIC 01/08/2018 108824 3502604368 101-43000-386 Electical Service 11/1-12/1 Public Works Department 189.37 Total 108824: 249.24 XCEL ENERGY 12/18/2017 108726 571359364 101-41900-381 Electric 11/21-12/20/17 Central Services 1,463.45 XCEL ENERGY 12/18/2017 108726 571359364 101-42110-381 Electric 11/21-12/20/17 Police Department 1,109.22 XCEL ENERGY 12/18/2017 108726 571359364 101-42110-381 Electric 11/21-12/20/17 Police Department 101.94 XCEL ENERGY 12/18/2017 108726 571359364 101-43000-381 Electric 11/21-12/20/17 Public Works Department 175.80 XCEL ENERGY 12/18/2017 108726 571359364 101-43000-386 Electric 11/21-12/20/17 Public Works Department 2,108.87 XCEL ENERGY 12/18/2017 108726 571359364 101-45200-381 Electric 11/21-12/20/17 Parks 31.28 XCEL ENERGY 12/18/2017 108726 571359364 601-49400-381 Electric 11/21-12/20/17 Water 4,470.27 XCEL ENERGY 12/18/2017 108726 571359364 602-49450-381 Electric 11/21-12/20/17 Sewer 2,029.12 XCEL ENERGY 12/18/2017 108726 571359364 101-45210-381 Electric 11/21-12/20/17 Golf Course 177.20 Total 108726: 11, 667.15 ZARNOTH BRUSH WORKS 01/08/2018 108825 0167719 651-49910-227 broom refill Storm Water 592.00 Total 108825: 592.00 Grand Totals: 464.915.53 AGENDA ITEM Item No. 4 Date: January 8, 2018 Item Description: Annual Appointments Presenter: Dustin Rief, City Administrator Agenda Consent Agenda Section: Purpose. Each year the Council adopts a resolution that sets the annual appointments. The attached draft resolution is provided for your consideration. In addition, in 2016 the city approved the attached resolution adopting a Request for Proposal (RFP) schedule. It states that when a specific professional service comes due under the schedule, that service will be reviewed by the City Council at appointment time each January. During the review process, the City Council will decide whether or not the professional service will be subject to an RFP process. This year the schedule suggests the Insurance Agent and Fiscal Agent should be advertised for RFP's. COUNCIL ACTION REQUESTED: Consider a motion to amend or adopt the attached resolution designating selected appointments for 2018, provide direction on whether an RFP for Insurance Agent and Fiscal Agent should be advertised. Exhibits A. Draft Resolution B. RFP Schedule Resolution Prepared By: AMC Reviewed By: AMC Approved By: -1V CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DESIGNATING SELECTED APPOINTMENTS BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments and designations for the year 2018 are as follows: APPOINTMENT/DESIGNATION Acting Mayor Aaron Printup Association of Metropolitan Municipalities Legislative Contact Dennis Walsh Association of Metropolitan Municipalities Representative Dustin Rief Attorney -City Lead (Civil) Soren Mattick Attorney -City Firm (Civil) Campbell, Knutson Attorney -Alternate Dorsey & Whitney Attorney -Lead Prosecuting Tallen & Baertschi Attorney -City Prosecuting Firm Tallen & Baertschi Auditor Clifton Larson Allen LLP Big Island Steering Committee Victoria Seals Tom Kolar Rick Carter Peter Lanpher Adam Edwards Dustin Rief Code Review Committee Dennis Walsh Wendy Dankey Jeremy Barnhart Ben Goodwin Will Haack Matt Johnson Peter Lanpher Andy Johnsrud Brad Maener CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Communications Committee Dennis Walsh Victoria Seals Dustin Rief Anna Carlson Data Practices Compliance Official Anna Carlson Data Practices Compliance Official — Police Department Correy Farniok Development Review Committee Laura Oakden Melanie Curtis Jeremy Barnhart Emergency Preparedness Director Correy Farniok or designee Engineer -Lead Consulting David Martini Engineer -City Firm Bolton & Menk Fiscal Agents Ehlers & Associates Gillespie Center Dennis Walsh Hennepin Emergency Communications Organization Correy Farniok Highway 12 Safety Coalition Dennis Walsh Aaron Printup Correy Farniok Highway 12 Turnback Committee Dennis Walsh John Thiesse Bob Erickson Adam Edwards Dustin Rief Housing and Redevelopment Authority Dennis Walsh, Chair Dustin Rief, Executive Director Richard Crosby Wendy Dankey Aaron Printup Victoria Seals Ron Olson, Secretary Insurance Agent of Record Ronald Youngdahl, Northern Capital Lake Minnetonka Conservation District (LMCD) Mark Kroll Long Lake Fire Advisory Commission Aaron Printup Richard Crosby Dustin Rief Mayor's Association Official Newspaper Official Depositories/Investment Vendors CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Dennis Walsh The Pioneer Admirals Bank - Boston, MA Ally Bank — Midvale, UT Am Express Bank — SLC, UT Am Express Centurion — SLC, UT Bank North — Thomasville, NC Bank Baroda — New York, NY Barclays Bank — DE Belmont Savings Bk - Mass BMW Bank — UT Bridgewater Bank — Navarre, MN Capital One Bank NA — Glen Allen, VA Capital One Bank USA — Glen Allen, VA Cmnty Bank Chesapeake — Waldorf, ME Comenity Bank - UT Community 1 st Bank — Roseville, CA Compass Bank — Birmingham, AL Conestoga Bank — PA Connectone Bank, Englewood, CO Discover Bank — Greenwood, DE Eagle Bank — Bethesda, ME Everbank — Jacksonville, FL First Bank — Highland Park, IL Goldman Sachs — NY HSBC Bank — McClean, VA JP Morgan Chase — Columbus, OH Lakeside Bank — Chicago, IL Long Lake Community Bank - LL, MN League of MN Cities — 4M Fund Live Oak Bkg - Wilmington, NC Mercantil Commerce Bank, Coral Gables Morgan Stanley Smith Barney, Mpls Peoples Bank, York, PA RBC Wealth Management, Mpls RCB Bank - Claremore, OK Reading Coop Bank — Reading, MA Sallie Mae Bank — Salt Lake City, UT Suntrust Bank - Atlanta, GA Synchrony Bank — Draper, UT Synovus Bank — Columbus, GA TBK Bank - Dallas, TX Third Fed Savings & Loan - Cleveland, OH Toyota Savings Bank — Henderson, NV WebBank - Salt Lake City, UT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Police Advisory Commission Dennis Walsh Victoria Seals Dustin Rief School District Committee Dennis Walsh Wendy Dankey Coffey Farniok Dustin Rief Suburban Rate Authority Adam Edwards Transportation Committee Adam Edwards Correy Farniok or designee Weed Inspector Dennis Walsh Weed Inspector -Assistant Jason Goehring Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held January 8, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor NO. Official Depositories/Investment Vendors - Continued Wells Fargo - Sioux Falls, SD Wells Fargo Advisors, Minneapolis Whitney Bank - Gulfport, MS UBS Financial Services, Wayzata ZBNA, Salt Lake City, UT Organizational Development Committee Victoria Seals Aaron Printup Dustin Rief Orono Ice Arena Board Member Dennis Walsh Park Commission Chair Rick Meyer Park Commission Representative Dennis Walsh Victoria Seals Planning Commission Chair Alternating Planning Commission Representative to Council Alternating Police Advisory Commission Dennis Walsh Victoria Seals Dustin Rief School District Committee Dennis Walsh Wendy Dankey Coffey Farniok Dustin Rief Suburban Rate Authority Adam Edwards Transportation Committee Adam Edwards Correy Farniok or designee Weed Inspector Dennis Walsh Weed Inspector -Assistant Jason Goehring Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held January 8, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor CITY ; O O NO ' RESOLUTION OF THE CITY COUNCIL �iG~ NO. 658;, \\ s H o�� A RESOLUTION ADOPTING REQUEST FOR PROPOSAL (RFP) SCHEDULE WHEREAS, Minnesota Statute 471.345 authorizes municipalities to enter into contracts. Contracts must generally follow the municipal contracting law (competitive bidding law) except when entering into contracts with professional services; and WHEREAS, the City of Orono finds adopting a schedule to review and compare professional service, through a Request for Proposals (RFP) process, will result in services and prices that best serve the interest of the citizens of our community; and WHEREAS, the objective of the schedule is to create greater accountability and transparency for the professional services contracted with the City; and WHEREAS, the professional services schedule will cycle over a five year time span at a minimum and more often as requested: Professional Services Schedule Service 2016 2017 2018 2019 2020 12021 2022 2023 2024 12025 Prosecuting Attorney X X Auditor X X Insurance Agent X X I Fiscal Agent X X Civil Attorney X X Engineer X X X - Year indicates when proposals will be requested. Service may or may not start until following year. WHEREAS, the service will be reviewed by the City Council at appointment time each year in January. During the review process, the City Council will decide whether or not the professional service will be subject to an RFP process. Regardless of the council's decision, the professional service will come up for review again in another 5 years. NOW, THEREFORE, HE IT RESOLVED, the Orono City Council adopts a RFP schedule listed above for professional services. RESOLUTION OF THE CITY COUNCIL NO. ADOPTED this 8th day of February 2016, by the City Council of the City of Orono, Minnesota. Approved: Lih Tod McMillan, Mayor Attested: AGENDA ITEM Item No. 5 Date: January 8, 2018 Item Description: Disposal of Forfeited Vehicles Presenter: Correy Farniok, Agenda Section: Consent Agenda Police Chief 1. Purpose. The purpose of this action item is to gain approval for the disposal of forfeited vehicles. 2. Background. The Police Department has two forfeited vehicles that can be disposed. All vehicles were seized and forfeited by the Orono Police Department from drivers that had multiple violations for Driving While Intoxicated. The police department would recommend one vehicle be sent to an auto auction and the other be sent to a salvage yard. 3. Project Scope. Disposal of two forfeited vehicles. 2003 GMC EnvoyVIN#1GKDT13S632397304 (Auto Auction) 1995 Dodge Neon VIN#3P3ES67C4ST604238 (Salvage Yard) 4. Staff Recommendation. I recommend that the disposal of two forfeited vehicles. COUNCIL ACTION REQUESTED Motion to dispose of two forfeited vehicles. One will be sent to an auto action and the other to a salvage yard. Prepared By: Correy Farniok Reviewed By: jl�a Approved By: -19a AGENDA ITEM Item No. 6 Date: January 8, 2018 Item Description: Approve Portable Radio Replacement Presenter: Correy Farniok Agenda Section: Consent Agenda Police Chief 1. Purpose. The purpose of this action item is to gain approval to proceed with the replacement of 10 portable radios. 2. Background. The Police Department was notified in 2017 that our current portable radios have reached their end of life and need to be replaced. These portable were purchased as far back as 2001. These radios were discontinued in 2013/2014 and manufactures support will end in 2018. 3. Project Scope. Replacement of 10 portable radios. 4. Cost. The City received MN State Contract quote. Listed below. The quote is from Motorola and there is currently an incentive being offered with free encryption and multiKEY a savings of $696.75 per radio ($6,967.50). Contractor Model Price Per Radio Total Quote Motorola APX6000 $ 4111.50 $ 41,115.00 5. Funding. This project will be funded through the PIR. The Police Capital Improvement Line Item budgeted $41,000 for the replacement of portable radios for 2018. 6. Staff Recommendation. I recommend the replacement of 10 portable radios. COUNCIL ACTION REQUESTED Motion to approve the purchase of 10 portable radios from Motorola Solutions for $41,115.00 Exhibits A. Quote from Motorola Solutions B. Letter from Hennepin County — End of Support for Portable Radios. Prepared By: Correy Farniok Reviewed By: IbV Approved By: -19a Quote Number: QU0000415141 MOTOR -OLA SOLUTfONS Effective: 11 SEP 2017 Effective To: 15 DEC 2017 Bill -To: Ultimate Destination: ORONO POLICE DEPT, CITY OF ORONO POLICE DEPT, CITY OF PO BOX 66 2750 KELLEY PKW CRYSTAL BAY, MN 55323 LONG LAKE, MN 55356 United States United States Attention: Sales Contact: Name: Correy Farniok Name: Randy Beach Email: CFamiok@ci.orono.mn.us Email: randy.beach@ancom.org Phone: 952-249-4700 Phone: 763-428-7884 Request For Quote: 10 APX6000 BN Model 2.5 PBL w/MK, Encryption and 3 YR SfS Contract Number: MINNESOTA DOT Freight terms: FOB Destination la 10 Payment terms: Net 30 Due ADD: 3 YEAR SERVICE FROM THE Item Quantity Nomenclature Description List price Your price Extended Price 1 10 H98UCF9PW6BN APX6000 700/800 MODEL 2.5 $3,026.00 $2,269.50 $22,695.00 PORTABLE la 10 H885BK ADD: 3 YEAR SERVICE FROM THE $90.00 $84.00 $840.00 START LITE 1 b 10 QA01648AA ADD: ADVANCED SYSTEM KEY - $5.00 $3.75 $37.50 HARDWARE KEY I 10 H869BZ ENH: MULTIKEY $330.00 $247.50 $2,475.00 1 10 Q625AX ENH: DES,DES-XL,DES-OFB $599.00 $449.25 $4,492.50 ENCRYPTION le 10 Q806BM ADD: ASTRO DIGITAL CAI $515.00 $386.25 $3,862.50 OPERATION 1 f 10 H122BR ALT: 1/4- WAVE 7/800 GPS STUBBY $24.00 $18.00 $180.00 (NAR6595A I 10 QA09001AB ADD: WIFI CAPABILITY $300.00 $225.00 $2,250.00 1 10 QA09007AA ADD: OUT OF THE BOX WIFI - - PROVISIONING I 10 H38BT ADD: SMARTZONE OPERATION $1,200.00 $900.00 $9,000.00 Ij 10 Q361AR ADD: P25 9600 BAUD TRUNKING $300.00 $225.00 $2,250.00 Total Quote in USD $48,082.50 System ID 740F - Free Encryption and MultiKEY Offer now thru 12-15-2017 - PE to Follow - Thank you for your order!! Randy Beach - ANCOM THIS QUOTE IS BASED ON THE FOLLOWING: 1 This quotation is provided to you for information purposes only and is not intended to be an offer or a binding proposal. If you wish to purchase the quoted products, Motorola Solutions, Inc. ("Motorola") will be pleased to provide you with our standard terms and conditions of sale (which will include the capitalized provisions below), or alternatively, receive your purchase order which will be acknowledged. Thank you for your consideration of Motorola products. 2 Quotes are exclusive of all installation and programming charges (unless expressly stated) and all applicable taxes. Purchaser will be responsible for shipping costs, which will be added to the invoice. Prices quoted are valid for thirty(30) days from the date of this quote. Unless otherwise stated, payment will be due within thirty days after invoice. Invoicing will occur concurrently with shipping. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTOROLA'S TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DEDICATED TO PUBLIC SAFETY RICHARD W. STANEK COMMUNICATIONS TECHNOLOGY HENNEPIN COUNTY SHERIFF DATE: August 3, 2017 TO: All Radio Customers FROM: John Gundersen SUBJECT: XTS/XTL End of Support Over the last year user agencies were notified by the County through different methods that the Motorola XTS/XTL series radios will reach obsolescence with the announcement of the end of support from the manufacturer in late 2018 and 2019. These portable, mobile and consolette radios were purchased as far back as 2001 by the original users of the 800 MHz radio system. XTS/XTL series radios were discontinued in 2013/2014 and manufacturer support will end in 2018/2019. At that time replacement parts and vendor support will no longer be available. For quite some time software and firmware updates have not been available from the manufacturer. The County urges that all XTS/XTL radios be replaced as soon as practical once they are fully depreciated, (7 years for portables/10 years for mobiles) however, users will be permitted to keep these radios in service beyond the end of support dates listed subject to the following limitations: Leased Radios: 1) All XTS/XTL radios will receive full fleet support without additional charges from HCSO through their amortization date. 2) After the amortization date agencies can request a waver that will allow the radio to remain on the air. 3) If a waver is granted radios can remain in use until a repair is needed, then the radio must be replaced. 4) ARMER radios being decommissioned by users must be turned in to HCSO to be blanked out before fleet support fees end. 5) The county will dispose of surplus radios without charge. Customer Owned Radios: 1) After the Motorola end of support dates agencies can submit a waver to keep a radio in use. 2) If a waver is granted the radio can remain in use until a repair is needed, then the radio must be replaced. 1245 Shenandoah Lane Plymouth, MN 55447 WWW.HENNEPINSHERIFF.ORG 952-258-5321 3) ARMER radios being decommissioned by users must be turned in to HCSO to be blanked out before fleet support fees will end. 4) The county will dispose of surplus radios without charge. If you need any assistance in purchasing or planning out what you replacement radios will be contact Curt Meyer with our office at ph/612-596-1922. AGENDA ITEM Item No. 7 Date: January 8, 2018 Item Description: Sentence to Serve Contract Renewal — Park Maintenance Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this action is to gain council approval to enter into a contract with Hennepin County Sentence to Serve (STS) for park maintenance. 2. Background. The STS program provides individuals sentenced to community service to support the maintenance needs of the municipalities in Hennepin County. To maintain a regular service the program requires municipalities to offset some of the expense of the program and enter into a contract. The City used STS the last couple years to perform maintenance activities at our parks and facilities such as debris removal and buckthorn removal. The contract provides a cost effective method to complete some of the labor intensive maintenance operations in our parks and facilities. 3. Project Scope. The contract will provide up to 19 crew days' worth of support from the STS program at Orono City Parks. A crew is a correctional officer with 6-10 STS members. 4. Cost. The 2018 rate is $367.50 per day per crew. The total cost for the years shall not exceed $6982.50 5. Funding. The contract will be funded out of the parks' budget. 6. Staff Recommendation. I recommend approval of the attached contract. COUNCIL ACTION REQUESTED Motion to approve the attached contract with Hennepin County Sentence to Serve for park maintenance not to exceed $6982.50. Exhibits A. STS Contract for 2018 Prepared By: Reviewed By: /k Approved By: -TV Contract No. A178128 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT WITH THE CITY OF ORONO This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 ("DEPARTMENT"), and the CITY OF ORONO, 2750 Kelley Parkway Orono, MN 55356 ("CITY'). WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from January 1, 2018 through December 31, 2018, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Six Thousand Nine Hundred Eighty -Two Dollars and Fifty Cents ($6,982.50). 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform labor for park and facility maintenance (the "Work"). The specific services to be performed are more thoroughly described in Exhibit A, attached hereto and incorporated herein by reference. 3. RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT agrees to the following with respect to the Work requested: A. Provide nineteen work crews, as requested by CITY at a rate of Three Hundred Fifty -Six Dollars and Eighty Cents ($367.50) for the period January 1, 2018 through December 31, 2018, for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. B. Provide COUNTY employed crew leader who will be responsible for the transportation, instruction, and supervision of the STS Program work crew. C. Provide required personal safety equipment and clothing needed for specific work. D. Provide basic landscaping tools and equipment needed for specific work. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 1 of 6 Contract No. A178128 E. Train each STS Program work crew in necessary safety principles and techniques. F. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. G. Assume all medical liability for the STS Program participants. 4. RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 5. COST AND PAYMENT FOR SERVICES A. The CITY shall pay the COUNTY a rate of Three Hundred Fifty -Six Dollars and Eighty Cents per crew, per day, with an annual cost not to exceed Six Thousand Nine Hundred Eighty -Two Dollars and Fifty Cents ($6,982.50) for the services described in this Agreement. B. The COUNTY shall bill the CITY for all applicable taxes. C. Payment for services performed by the COUNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COUNTY will invoice for services at the end of each calendar quarter. 6. INDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. 7. INDEMNIFICATION Each party agrees that it will be responsible and agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts, and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no liability to the CITY for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, business opportunity, or business advantage), whether based upon a claim or action of tort, (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 2 of 6 Contract No. A178128 contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. Each party's liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 8. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 9. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 10. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 11. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the CITY's compliance. B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, Logan Futterer, Hennepin County Department (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 3 of 6 Contract No. A178128 of Community Corrections & Rehabilitation, Community Offender Management Division, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. CITY Project Contact: David Goman Parks Supervisor City of Orono 2750 Kelley Parkway Orono, MN 55356 Office: (952)249-4670 Email: dgoman(c ci.orono.mn.us CITY Billing Contact: Adam Edwards Director of Public Works City of Orono 2750 Kelley Parkway Orono, MN 55356 Office: (952) 249-4661 Email: aedwards(u-)ci.orono.mn.us 13. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. 14. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 4 of 6 COUNTY BOARD AUTHORIZATION Reviewed by the County COUNTY OF HENNEPIN Attorney's Office STATE OF MINNESOTA Date: By: Chair of Its County Board Date: Contract No. A178128 ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: CITY OF ORONO The CITY warrants that the person who executed this Agreement is authorized to do so as required by applicable articles, bylaws, resolutions, or ordinances.* By: Its: Date: And: Its: Date: *The CITY shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the same time this Agreement is returned to the COUNTY. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 5 of 6 Contract No. A178128 EXHIBIT A: SERVICES TO BE PROVIDED City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 % Non- Description of Work to be Performed Taxable % Taxable Park and Facility Maintenance Services Total Hennepin County provides certain services that are taxable in the State of Minnesota. Appropriate sales tax will be charged for all taxable services provided. Please consult the Minnesota Department of Revenue Sales & Use Tax guides (available at http://taxes.state.mn.us) for information on taxability of specific services. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 6 of 6 AGENDA ITEM Item No. 8 Date: January 8, 2018 Item Description: Wayzata Blvd (CSAH 112) Phase Two Construction Cooperative Agreement Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Section: Engineer 1. Purpose. The purpose of this item is to gain City Council approve the Cooperative agreement with Hennepin County and Long Lake for the construction and maintenance of the CSAH 112 phase two project. 2. Background. Hennepin County intends to improve CSAH 112 from Highway 12 to 6th Avenue in joint effort with Long Lake and Orono. The majority of the project is funded with State Turn Back Funding. The overall project is broken into three phases. Currently we are in the design portion of phase two which includes the stretch of CSAH 112 from Wolf Pointe Trail to Wayzata Blvd West. Phase one is under construction and consists of the portion from Willow Drive to Wolf Pointe Trail. Phase three design is due to commence later this summer and consists of the section from Willow Drive to CSAH 6. The Phase 2 design has been underway since 2016. To guide the design choices a Planning Advisory Committee (PAC) was established with members appointed by each of the two cities, Orono and Long Lake, as well as the County. The PAC provide planning guidance to the design team. In addition a technical advisory committee was formed with engineering representation from each city and the county to work out detailed planning. The planning design followed the base guidance set out in the CSAH 112 preliminary design document which was developed by a similar group of representatives from the two cities and county in 2013. The Phase 2 design is complete. The overall estimated cost of this phase is $ 8,741,849.90. Bids will be solicited this winter with award expected in the early spring. Work on Phase 2 is planned to begin in April of 2018. Long Lake approved the agreement at their December 2017 Meeting. 3. Agreement Scope. The agreement lays out the responsibilities and cost participation during the construction process and the maintenance responsibilities upon completion of the project. The agreement once signed binds the parties to the project and associated costs as well as establishing the future maintenance responsibilities. 4. Cost. The cost for Orono for Phase Two is $89,182.82 and will be funded from the Community Investment Fund. 5. Funding. The project will be funded from the Community Investment Fund. The Capital Improvement Plan (CIP) budgeted $114,300 for Phase Two. 6. Review. The attached agreement has been reviewed by the City Administrator, Engineer and Attorney. COUNCIL ACTION REQUESTED: Move to approve the Cooperative Agreement. Exhibit A. CSAH 112 Phase Two Cooperative Agreement Prepared By: Reviewed By: Approved By: 11 Agreement No. PW 56-32-17 County Project No. 091102 County State Aid Highway 112 City of Long Lake City of Orono County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Long Lake, a body politic and corporate under the laws of the State of Minnesota, and the City of Orono, a body politic and corporate under the laws of the State of Minnesota, collectively hereinafter referred to as the "Cities". WITNESSETH: WHEREAS, the County is preparing to improve County State Aid Highway No. (CSAH) 112 (Wayzata Boulevard) from CSAH 6 to Trunk Highway (TH) 12 in the City of Long Lake and the City of Orono (County Project No. 0911); and WHEREAS, the County and the Cities have been negotiating to bring about the improvement of "Phase Two" of the segment of CSAH 112 from east of Wolf Pointe Trail to the TH 12 ramps in the cities of Long Lake and Orono as shown on the County Engineer's plans for County Project No. (C.P.) 091102 which improvements contemplate and includes grading, aggregate base, bituminous surfacing, drainage, watermain, sanitary sewer, curb and gutter, concrete walk, bituminous trail, retaining walls, lighting, landscaping and other related improvements, and which shall hereinafter be referred to as the "Project"; and WHEREAS, the above described Project lies within the corporate limits of the Cities; and WHEREAS, the County Engineer has heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Seven Million One Hundred Forty Nine Thousand Seven Hundred Ninety Two Dollars and Thirty Cents ($7,149,792.30). A copy of said estimate, marked Exhibit "A", is attached hereto and by this reference made a part hereof, and WHEREAS, the Cities have indicated their willingness to participate in the construction, engineering, right of way and maintenance costs of the Project as detailed herein; and WHEREAS, the construction costs for the Project shall be comprised of state turnback funds, municipal and county state aid funds, and local funds; and -1- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 WHEREAS, the City of Long Lake has requested that the County include in the plans for the Project replacement of watermain and sanitary sewer designed by the City of Long Lake; and WHEREAS, the County and the Cities have also been negotiating to install landscaping within the Project limits, in conjunction with the Project via a separate municipal project, hereinafter referred to as the "Landscape Project"; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 2005, Section 162.17, Subdivision 2 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: The County will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the County, which said plans and specifications are referenced and identified as S.A.P. 027-712-002 and S.A.P. 152-020-012 and approved by the Minnesota Department of Transportation (MnDOT). II The County will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the Cities' Engineers or designated representatives shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Highway Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The Cities agree that the County may make changes in the plans or in the character of said contract construction which is reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the Cities that the County may enter into any change orders or supplemental agreements with the County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the Cities' cost participation estimated herein. The Cities shall have the right to review any proposed changes to the plans and specifications as they relate to the Cities' cost participation prior to the work being performed. The Cities' Engineer or designated representatives shall have the right to approve or reject any change orders or supplemental agreements prepared by the County that affect the Cities' share of the construction cost. -2- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 The Cities further agree that it will participate in the settlement of any claims from the County's contractor that involve delays attributable to unreasonable delays in approval by the Cities for plan or specification changes deemed necessary by the County Highway Engineer or staff. The amount of Cities participation in any such claims shall be commensurate with the percentage of delay directly attributable to the Cities' actions. III The Cities shall participate in the costs of the contracted construction work for the Project as set forth in said Exhibit "A". The respective proportionate shares of the pro -rata pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted construction work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Highway Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of said Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the County Highway Engineer's designated representatives for contract pay items in which the Cities are participating shall be subject to the review and approval by the Cities' Engineer. lv The County or its agents shall acquire all additional right of way, permits and/or easements required for the construction of the Project. It is understood by the parties that state turnback funds are available to finance acquisition right of way for the Project with the following exception. The City of Orono shall reimburse the County for fifty (50) percent of the final cost of the permanent right of way required to construct the multi -use trail on the north side of CSAH 112 west of the Luce Line Trail. The amount of the City of Orono's share in said right of way acquisition costs is estimated to be $20,000.00. It is understood and agreed that the Cities shall convey property rights to the County over those lands owned by the Cities that are required for the Project. Said property rights shall be granted at no cost to the County. It is further understood and agreed that any and all city permits required by the Project shall be granted at no cost or expense to the County or its contractors. Included in the Project is the construction of city utilities. It is understood and agreed by the parties that in the event additional right of way is needed to construct said city utilities, the County will acquire the additional right of way and/or easements and the Cities shall reimburse the County for one hundred (100) percent of the final cost of the additional right of way and/or easements. V The County, at its sole cost and expense, has conducted a Phase I Environmental Assessment (ESA) on the Project. In the event a future Phase II ESA is required on any parcel due to the City of -3- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 Long Lake's utility work included in the Project, it is understood and agreed that the City of Long Lake shall reimburse the County for all costs incurred by the County for the completion of said future Phase II ESA. If any such Phase II ESA identifies contamination that must be abated, the County will hire consultants and contractors as necessary to perform the necessary abatement of the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such abatement required maybe accomplished under a separate project or maybe included in the Project. The County will investigate and exhaust all available options for payment of costs incurred related to the aforereferenced Phase H ESA. This includes, but is not limited to, responsible parties and governmental agencies. The City of Long Lake hereby agrees to reimburse the County all costs incurred by the County for the completion of the aforereferenced environmental work performed on parcels associated with the City of Long Lake's utility work for which the County does not receive reimbursement from other sources. VI The Cities shall reimburse the County for their shares of the construction costs of the Project as set forth in said Exhibit "A". It is further agreed that the Engineer's Estimate referred to on page 1 of this Agreement is an estimate of the construction cost for the contract work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Highway Engineer shall govern in computing the total final contract construction costs for apportioning the costs of said Project according to the provisions herein. For informational purposes only it is estimated that the City of Long Lake will pay the County $647,276.00 as its share of the construction costs. For informational purposes only it is estimated that the City of Orono will pay the County $58,049.00 as its share of the construction costs. VII It is recognized by the parties that the watermain and sanitary sewer included by the Project has been designed by the City of Long Lake or its agents. As set forth in Exhibit "A", the Cities agree to pay to the County ten (10) percent of the Cities' share of the contracted construction costs not designed by a city as its share of the engineering design costs for the Project, in addition to its proportionate shares of the contracted construction costs for the Project. For informational purposes only it is estimated that the City of Long Lake will pay the County $14,283.70 as its share of the design engineering costs. For informational purposes only it is estimated that the City of Orono will pay the County $5,804.90 as its share of the design engineering costs. Similarly, the Cities also agree to reimburse the County for the Cities' proportionate share of the construction engineering costs for the Project. The Cities' share of construction engineering costs shall be equal to eight (8) percent of the total final amount of the Cities' share of contract construction costs for the Project. The amount of the City of Long Lake share in the contract administration costs is estimated $51,782.08. The amount of the City of Orono share in the contract administration costs is estimated $4,643.92. -4- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 It is understood that the Cities' proportionate shares shown in Exhibit "A" are estimates and that the actual Cities' proportionate shares of the engineering design costs and contract administration costs will be computed using the total final amount of the Cities share of the contract construction costs for the Project. VIII After an award by the County to the successful bidder on the Project, the County shall invoice the City of Long Lake for ninety five (95) percent of the estimated city's shares in the contract construction costs and engineering costs for the Project. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City of Long Lake for the full amount due stated on the invoices within forty five (45) days of the invoice date. Said estimated city's shares shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. After an award by the County to the successful bidder on the Project, the County shall invoice the City of Orono for ninety five (95) percent of the estimated city's shares in the contract construction costs and engineering costs for the Project. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City of Orono for the full amount due stated on the invoices within forty five (45) days of the invoice date. Said estimated city's shares shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the County Highway Engineer or County staff determines the need to amend the construction contract with a supplemental agreement or change order which results in an increase in the contract amount for the Project, the Cities hereby agrees to remit within forty five (45) days of notification by the County of said change an amount equal to ninety five (95) percent of the estimated Cities' shares as documented in the supplemental agreement or change order. The remainder of the Cities' shares in the engineering and contract construction costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due the County upon acceptance by the County's construction engineer of all the construction work performed by the County's construction contractor and submittal of the County Highway Engineer's final estimate for the Project to the City. Upon final payment to the Project contractor by the County, any amount remaining as a balance in the deposit account will be returned to the Cities, within 45 days, on a proportionate basis based on the Cities' initial deposit amount and the Cities' final proportionate share of the Project costs. Likewise, any amount due the County from the Cities upon final payment by the County shall be paid by the Cities as its final payment for the construction and engineering costs of the Project within forty five (45) days of receipt of an invoice from the County. IX The City of Orono or its agents will develop all the necessary construction plans, specifications and proposals for the afore -referenced Landscape Project. The construction documents -5- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 must be developed in accordance with the attached "Hennepin County Department of Public Works — Transportation Department; Recommended Urban Landscape/Streetscape Guidelines" and in accordance with Hennepin County's Sustainable Landscape Guidelines for Successful Plantings. In addition, the plans and specifications for the Landscaping Project must be approved by the County and by the Minnesota Department of Transportation Division of State Aid for Local Transportation. The City of Orono will advertise for bids for the work and construction of the Landscape Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The City of Orono or its agents shall administer the contract and shall perform the required engineering, inspection and testing for the Landscape Project. The County Highway Engineer and staff shall have the right, as work progresses, to make any inspections deemed necessary, but will have no responsibility for supervision of the work. It is understood that all work to be performed under the Landscape Project shall be done either in conjunction with or upon completion of the construction activities of the Project. It is further understood and agreed that it shall be the responsibility of the City or its contractor to coordinate construction of the Landscape Project with the County's construction contractor for the Project. The County will participate in the costs of the Landscaping Project. The County's participation in the costs of the Landscaping Project shall be one percent (1%) of the Project's contract construction costs as shown in Exhibit "A", which is based on impact to trees within the CSAH 112 roadway corridor. Accordingly, the County's share of the costs for the Landscaping Project shall be Seventy One Thousand Five Hundred Forty Three Dollars and No Cents ($71,543.00 or 1% of $7,154,267.30). It is understood by the parties that the County's cost contribution to the Landscaping Project includes $20,000.00 for landscaping in the vicinity of the shared driveway at Old Long Lake Road. The County's share in the Landscape Project costs will be directly paid to the City of Orono from the County and will not be addressed as credits applied to the City of Orono's proportionate share of the costs for the Project. Upon completion of the Landscape Project by the City of Orono and acceptance of work by the County Highway Engineer or a designated representative, the City of Orono shall invoice the County for one hundred (100) percent of the County's share of the costs for the Landscape Project. Within forty five (45) days after receipt of said invoice, the County shall deposit with the City of Orono, said County share. X The County has retained consultant(s) to perform required archaeological studies for the Project. At the request of the City of Orono, the County instructed its consultant to perform archaeological work outside the construction limits of the Project. As shown in Exhibit "A", it is understood and agreed that the City of Orono shall reimburse the County $685.00 for said city requested archaeological work. M Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 The proportionate shares of the various costs associated with said Project have been identified and set forth in Articles III through X of this Agreement. The estimated amount that the City of Long Lake is to pay the County as a result of this Agreement is $713,341.78. The estimated amount that the City of Orono is to pay the County as a result of this Agreement is $89,182.82. It is understood and agreed that said payment amounts are estimates and that the actual payment amounts shall be based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement. XII All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the Cities. The Cities shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the Cities, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. All payments to the Cities must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the Cities shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the respective city. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. XIII All records kept by the Cities and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. XIV The County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highways included in said Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. XV -7- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 As part of the Project, "No -Parking" signs shall be installed as represented in the plans and the Cities, at their expense, shall provide the enforcement for the prohibition of on -street parking on those portions of CSAH 112 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the Hennepin County Board of Commissioners permitting said modification. It is further agreed that the Cities shall, at their own expense, remove and replace city owned signs that are within the construction limits of said Project if requested by the County's Project Engineer. K"It It is understood and agreed that upon completion of the Project, all water distribution system components, sanitary sewer systems, concrete sidewalk, bituminous trail, fencing, lighting and all municipal street construction included in said improvement shall be the property of the Cities and all maintenance, restoration, repair or other work or services required thereafter shall be performed by the Cities at no expense to the County. It is understood that maintenance of the intersecting municipal streets begins at the back of curb of CSAH 112. Notwithstanding the maintenance responsibilities of the Cities as specified in the previous paragraph, it is further understood and agreed that upon completion of the Project, all landscaping, grass areas and streetscape as shown in the plans for the Project and City of Orono's Landscape Project, shall become the responsibility of the Cities and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the Cities at no expense to the County. It is understood that said maintenance includes the grass areas between CSAH 112 and the bituminous trail constructed as part of the Project. It is understood and agreed by the parties that the Cities shall provide the electrical energy for the operation of the pedestrian and street lighting included in the Project within their respective city at no expense to the County. Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, drainage structures, ponds, and storm water treatment structures, shall become the property of the Cities and shall be maintained by the Cities. It is understood that maintenance of cross road culverts within County right of way will be the responsibility of the County. Notwithstanding the maintenance responsibilities of the Cities as specified in the previous Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 paragraph, it is further understood and agreed that the City of Orono shall own and shall be responsible for maintenance of the storm water pond located in the northeast corner of the intersection of CSAH 112 and Old Long Lake Road (Long Lake Pond). In the event at any time in the future dredging to remove excess sediment from the Long Lake Pond is required or reconstruction of the Long Lake Pond and/or its associated structures is required, the County and the City of Long Lake agree to participate in the costs. The County's participating cost share shall be twenty five percent (25%) and is based on the percentage of storm water entering the Long Lake Pond from County facilities. Similarly, the City of Long Lake's participating cost share shall be sixty five percent (65%) and is based on the percentage of storm water entering the Long Lake Pond from City of Long Lake facilities. It is understood that the removal of sediment from inlets, outlets and overflow structures is considered a routine maintenance activity that shall be the sole responsibility of the City of Orono. It is understood and agreed that the City of Orono shall be responsible for dredging excess sediment and other work as needed from the Long Lake Pond and will perform the work with its own forces or by contract. It is understood that the decision to dredge or repair the Long Lake Pond shall be made jointly by the City of Orono's Director of Public Works, the City of Long Lake's Director of Public Works and the County's Transportation Operations Department Director. Upon completion of the work by the City of Orono or its contractor(s) and acceptance of the work by the City of Long Lake's Director of Public Works and the County's Transportation Operations Department Director or designated representatives, the City of Orono will submit an itemized invoice to the City of Long Lake and the County respectively for one hundred (100) percent of each agencies respective share of the costs. It is further understood and agreed that upon completion of the Project the Cities, at their sole cost and expense, will perform all routine maintenance on the retaining walls and retaining wall fencing/railing constructed as apart of the Project. In the event, at anytime in the future, that the retaining walls and integral retaining wall fencing/railing constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate in fifty (50) percent of the costs of said rehabilitation and/or replacement. It is understood by the parties hereto that the term `upon completion of the Project' as used in this agreement shall be defined as acceptance by the County's construction engineer of the construction work performed by the County's construction contractor that is to be maintained by the Cities as specified herein. All questions of maintenance responsibilities that may arise shall be jointly resolved by the Cities' Directors of Public Works and the County's Transportation Operations Department Director. XVII It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The Cities, at its discretion, will remove snow that may be placed on the sidewalks and/or pedestrianibicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAH 112 within the limits of the Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 Project. This paragraph is not intended to confer a benefit upon any third party and the Cities' decision to remove snow from the sidewalk and/or paths shall be made by the Cities in its sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails. XVIII The City of Long Lake agrees to defend, indemnify and hold harmless the County and the City of Orono, their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Long Lake, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they maybe liable related to the construction of the Landscape Project, or related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined City of Long Lake owned improvements constructed as part of said Project. The City of Long Lake's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The City of Orono agrees to defend, indemnify and hold harmless the County and the City of Long Lake, their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Orono, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined City of Orono owned improvements constructed as part of said Project. The City of Orono's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City of Long Lake and the City of Orono, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the construction of the Project or development of the Landscape Project, or related to the ownership, maintenance, existence, restoration, repair or replacement of County owned improvements constructed as part of said Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. XIX Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the Cities liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the Cities each warrant that they are able to comply with the aforementioned -10- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 indemnity requirements through an insurance or self-insurance program. W It is agreed that any and all employees of the Cities and all other persons engaged by the Cities in the performance of any work or services required or provided for herein to be performed by the Cities shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the Cities, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. /" In order to coordinate the services of the County with the activities of the Cities so as to accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the Cities. In order to coordinate the services of the Cities with the activities of the County and so as to accomplish the purposes of this Agreement, the respective Cities' Engineer or designated representative shall manage this Agreement on behalf of the Cities and serve as liaison between the Cities and the County. VVI41 I The County Engineer or designated representative will prepare weekly progress reports for the Project as provided in the specifications. Copies of these reports will be furnished to the Cities upon request. XXIII -11- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XXIV The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XXVI The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) -12- Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF LONG LAKE (Seal) By: Mayor Date: And: Administrator Date: CITY OF ORONO (Seal) By: Mayor Date: And: Administrator Date: - 13 - COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: By: Assistant County Attorney Date: APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: Agreement No. PW 56-32-17 CSAH 112; C. P. 091102 By: Chair of its County Board Date: And: County Administrator Date: And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: County Highway Engineer Date: RECOMMENDED FOR APPROVAL By: Transportation Operations Department Director Date: -14- AGENDA ITEM Item No. 9 Date: January 8, 2018 Item Description: Wayzata Blvd (CSAH 112) Phase Two Luce Line Trail Connection Cooperative Agreement Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this item is to gain City Council approve the Cooperative Agreement with the State of Minnesota for the connection of the CSAH 1121 Trail extension to the Luce Line Trail. 2. Background. Phase Two of the CSAH 112 Project includes a trail extension from the intersection with Old Long Lake Road to the Luce Line trial along the northern side of CSAH 112. The State of Minnesota requires a cooperative agreement for the connection of the trails. 3. Agreement Scope. The agreement lays out the responsibilities with respect to the trail connection. 4. Cost. There are no direct costs for per the agreement. The city does agree to maintain the trail connection. 5. Funding. Funding for Trail maintenance will be incorporated into Parks Operating Budget. 6. Review. The attached agreement has been reviewed by the City Administrator, Engineer and Attorney. COUNCIL ACTION REQUESTED: Move to approve the Cooperative Agreement. Exhibit A. Luce Line State Trail and CSAH112 Trail Connection Cooperative Agreement. Prepared By: Reviewed By: Approved By: -19a LUCE LINE STATE TRAIL AND CSAH 112 TRAIL CONNECTION COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF ORONO This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Orono, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes Section 85.015, sub. 14, to establish, develop, maintain and operate the Luce Line State Trail System; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the State owns land described as: Sec. 35, T118N, R23W, Hennepin County, as shown in the attached Map and incorporated into this agreement as Exhibit A; and WHEREAS, the State and City have determined that providing an improved recreational trail connection between County State Aid Highway (CSAH) 112 and the Luce Line State Trail is of high priority; and WHEREAS, the City and County shall develop the improved recreational trail connection between CSAH 112 and the Luce Line State Trail hereinafter referred to as the "Trail Connection"; and WHEREAS, upon completion, the Trail Connection shall be the sole responsibility of the City; and WHEREAS, a resolution or copy of the City council/board meeting minutes authorizing the respective entities to enter into this agreement is/are attached hereto as Exhibit B; and WHEREAS, the Trail Connection concept plan, including specifications, is attached and incorporated into this agreement as Exhibit C. NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: STATE'S DUTIES AND RESPONSIBILITIES a. The State shall permit the City to construct a Trail Connection at the CSAH 112 and Luce Line State Trail intersection. b. The State will review and approve the Plan for the Trail Connection as proposed by the City. All proposed trail modifications and revisions shall meet ADA requirements. c. The State will maintain its land ownership. Page 1 of 4 CITY DUTIES AND RESPONSIBILITIES a. The City shall construct the Trail Connection, including, as necessary, the administration of any construction contract for this project, as well as providing all construction engineering, staking, materials testing, record keeping and construction inspection. b. The City shall obtain all federal and state and permits necessary for the construction of the Trail Connection. c. The City shall submit the plan to the State for review and approval of the plan for the Trail Connection including any modification or revisions to the Trail Connection proposed by the City during the term of this Agreement. d. The City will provide and install the appropriate signage for the Trail Segment, including directional and wayfinding signs. e. Upon completion, the maintenance of the Trail Connection shall be the sole responsibility of the City. f. The City will maintain its land ownership. III. FUNDING The State shall provide funding for its responsibilities under Article I above through the standard internal purchasing process including, but not limited to, a separate requisition in which funds will encumbered. The total obligation of the State is limited to the amount of funds legislatively appropriated and administratively allocated to this project. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by and limited to the amount set forth in Minnesota Statutes, Sections 466.01-466.15, and other applicable law. V. TERM a. Effective Date: February 1, 2018, or the date the state obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. Expiration Date: December 31, 2043, for a period of twenty five (25) years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew at the end of the term for an additional five (5) year period unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew as the end of each five (5) year period unless the required notice is given. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to Page 2 of 4 examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the completion of the activities covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State's receiving that notice. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. XI. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XII. OTHER TERMS AND CONDITIONS NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid Page 3 of 4 The State The City Minnesota Department of Natural Resources City of Orono Parks and Trails Division, Area 3B Supervisor Attn: Public Works Department 1200 Warner Road 2700 Kelley Parkway, PO Box 66 St. Paul, MN 55106 Orono, MN 55356 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES By: Title: Date: DEPARTMENT OF ADMINISTRATION Delegated to materials Management Division By: Title: Date: CITY OF ORONO By: Title: Date: CITY OF ORONO By: Title: Date: STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: Date: Contract: Page 4 of 4 AGENDA ITEM Item No. 10 Date: January 8, 2018 Item Description: #17-3979, Steven & Kimberly Schottler, 2740 Shadywood Road, ATF Variance — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding an after -the -fact variance to permit a covered screen porch addition on the lake side of the home constructed within the 75 -foot setback, and within the average lakeshore setback without a permit. 2. MN§15.99 Application Deadline. The application was received on September 20, 2017; it was considered as complete on October 11th. The original 60 day review period expired December 10, 2017. Prior to that, staff extended the review deadline to February 8, 2018. 3. Background. In September of 2016, a stop work notice was issued for unpermitted construction of a new screen porch on the lake side of the home. After a follow up inspection and letter to the owners in July of 2017 regarding the unpermitted porch, the owners met with staff to discuss the process for applying for after -the -fact variances. The variance application was made complete on October 11th. Previously a smaller, 26 foot wide 2nd story deck extended 11 feet from the house toward the lake. An 11.6' x 11.6' deck was built where the previous existing deck was located. Next to the new deck, the new 25.6' x 31.5' roofed screen porch now extends 31.5 feet toward the lake; 20 feet lakeward of the average Lakeshore setback line and approximately 2 feet into the 75 -foot setback. 4. Planning Commission Comment. On November 20th, the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Commission voted 4 to 1 on a motion to approve the after -the -fact variances subject to issuance of a building permit conditioned on compliance with Building and Fire Codes. 5. Public Comment. Comments were received and submitted as exhibits to the Planning Commission. No additional comments from the public were received regarding this application. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Survey C. Photos Prepared By: MOO Reviewed By: J. Barnhart Approved By: 5bV AGENDA ITEM D. Draft PC Minutes E. PC Staff Report F. 60 -Day Extension References PC Exhibits 11/20/17: A. Application B. Practical Difficulties Documentation Form C. Existing Survey D. Proposed Survey E. Staff -Annotated "Proposed" Survey F. Violation Letter G. Public Comments H. Submitted Hardcover Calculations I. Site Photos J. Aerial Photos K. Property Owners List L. Plat Map Prepared By: MOO Reviewed By: J. Barnhart Approved By: 5bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. 17-3979 WHEREAS, Steven Schottler and Kimberly Schottler, a married couple (hereinafter the "Applicants"), are the owners of the property located at 2740 Shadywood Road and legally described as: That part of Tract "D", Registered Land Survey No. 420, Hennepin County, Minnesota, lying northeasterly of the southwesterly 7.00 feet, except that part lying northwesterly of a line drawn from a point on the southwesterly line of said Tract "D", 21.51 feet southeasterly from the most westerly corner of said Tract "D", to a point on the north line of said Tract "D" 7.57 feet east from the northwest corner of said Tract «D„ Together with a perpetual easement for driveway purposes over, under, and across the southerly 98.53 feet of the easterly 7.50 feet of: That part of Tract "D", Registered Land Survey No. 420 Hennepin County, Minnesota, lying northeasterly of the southwesterly 7.00 feet, and lying northwesterly of a line drawn from a point on the southwesterly line of said Tract "D", 21.50 feet southeasterly from the most westerly corner of said Tract "D", to a point on the north line of said Tract "D", 7.57 feet east from the northwest corner of said Tract "D", Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on September 20, 2017, the Applicants have made application to the City of Orono for an after -the -fact variance to Orono Municipal Zoning Code Section 78-1279 to allow a roofed, screen porch addition to encroach up to 20 feet lakeward of the average lakeshore setback line as constructed; and WHEREAS, the Applicants also requested after -the -fact variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow 4.5 square feet of hardcover and structure within the 75 -foot setback from the ordinary high water level (OHWL) of Lake Minnetonka where no structure or hardcover is permitted; and WHEREAS, on November 20, 2017, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, on November 20, 2017, by 4 to 1 vote, the Planning Commission recommended approval of the variances; and WHEREAS, on January 8, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3979. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1 B Zoning District Zoning District. 3. The Property contains 1.0 acre in area. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore Setback Variance b. Lake Setback Variance c. Hardcover within 75 -foot Setback Variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." Construction of a screen porch addition on the residential property is consistent with the intent of the ordinance. Neighbors have indicated that the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. screen porch encroachment into the average lakeshore setback does not block their views of the lake; therefore this criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances permitting the construction of the screen porch less than 75 feet from the cove side of the Property, and within the average lakeshore setback in a residential zone, all while not blocking views are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the screen porch within the 75 foot setback appears to be reasonable as the size of the encroachment is minimal (4.5 square feet of structural hardcover) and the unnatural curve of the shoreline causes the extreme setback. The encroachment lakeward of the average lakeshore setback line is supported by neighbors. The adjacent property owners have indicated that they will not be adversely impacted. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique configuration of the cove was not created by the land owner. The impact of the addition when viewed from the lake because of the cove in front of the Property is minimal and consistent with the comprehensive plan. This criterion is met. c. The variance, if granted, will not alter the essential character of the locality." The location of the screen porch addition in the existing location does not alter the character of the locality. This criterion is met. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been the only factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 screen porch is an allowed use in the LR - 1 B District. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The home on the Property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. 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 home on the Property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." There is an existing home on the Property which includes limited lake yard area to construct a conforming screen porch. This criterion is met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The proposed screen porch addition is not out of character with the neighborhood. The lake yard variances are proposed to avoid a tenant of the Code intended to protect against uncharacteristic bulk and mass; the unique shoreline and the cove area in front of the Property provide additional visual separation from the lake. This criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The requested variances would not be for the sole convenience of the Applicants. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants after - the -fact variances to Orono Municipal Zoning Code Section 78-1279 to allow a roofed, screen porch addition to encroach as much as 20 feet lakeward of the average lakeshore setback line as constructed; and after -the -fact variances to Sections 78-1279 and 78-1680 to allow 4.5 square feet of hardcover and structure within the 75 -foot setback from the OHWL of Lake Minnetonka where no structure or hardcover is permitted; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Council approval is based on the survey dated 10/03/17 by W. Brown Land Surveying, Inc., submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 3. Approval of the variances is conditioned upon submittal of a complete after -the -fact building permit application including plans and specifications after -the -fact fees within 90 days of Variance approval (April 8, 2018). Inspections to demonstrate compliance with the applicable Building Construction and Fire Codes shall be completed by July 7, 2018. Final inspection must be approved one year from Variance approval (by January 8, 2019). 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 8t" day of January, 2018. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor U o Z �co 0 Z c% L N O > (i In O Co ^Ln0N>- o Z I I W M :)U) 2 d d• > Ln Lo oX 3 c 00 0o g�� ~ y y N N Cid WZ > �'r) LO o w a=��a LL J E iii x J �ti/ Z o 3 ca m 00 O Z �, omLL� o M U — P 00 W i m J rn O C x x J O M a ° U M co w co x 0 P � � / Q N w Y Q f/' �0) N W 0) M ) A x x x co � x m ° o co x V _� x ' ' x •47 x \ O x N \ \ �o S i i v \ o \ / •fix 0� 0X 17 / o ° \ X \ Mh O: �) 3 xIM '\ i p 0 O M 0 \ \ M o \ / 0)(L M x � 00 0 O N m o \ / / O 1 U) !'> ULU \ / / x M / O +' Z 2— O .L 0 Z vi > N LU J LL \ \\ M \ \ I of ox x x x v xo) O = C a> 3 'tc6 � v D o O O \ \\ \ \\ M M O M CT Z L O \ ^ 0) ri ��' cp x E a m 1 m \ \M x J L N\j \ x ocl�\ O 01 01 y-+ L O a \ O O00 Mi \ \ 0� U O > j Q x x \ x T� v O I\ `� \ \ \ I M \ � 66 °max m ao�i o _v m tS Q rno Z \ O x x / x x C�CA \ W Q d) AM MQO / d rn �0) \ / °� Lci x0000 rn x x u? x u� d \ 6 x n x / k1x N Nva 100 x x V o 00 x S ox M �.� 1 U /'�Y/ s� -ls P WZ x ' M M OMf 0) I �\ \ S• N O \ / \ / I OR cl) N / \ \ \ M I �L� 00 Yk x w 3�0 p ° yyao 9 O co / I SGP rn ^C� Lq Off\ N �� \�' x OR �Ox / y 7q m + h x /Lu 0' x� D o o rn o N in X Q a it CV 0) O o W y 4Z—ol v7 U / M O_'l / i / S 6 °x C\, o, l/ / S o x O / y x 6 / ol co O CA 171 rnlJ 1i �/ m SAO / x x I' / M �Y v1 .. a° 00 _ a x° M a \ / °° Oz x \ / � m o O m LL x x O M 0) _ \ 4 pi/ x W Ol/ O \ O1 X T W �L�o "U L � LtN >N O -OO OW" x O UO) i ,I- En Cf) OA vm CoO U Om 0 o aC N O� � o0 Z LO v L� M O L N> LL, LLI ox M OL pCO O i C O~ O > N T L'•OO 0) Uv! LNv LaCvL �E0> .xTDco WCU +m a °' 3 i.2 ) O+N E c: Ii O E zW°gJ 0 �>oO o 00) EO MinJ L o°'Jo w U ° ov Of v v v E °woav uII FO NpEU wc;�C3 N wv ai .'L� O W o O �UE SC o O•- O N— x x O N a n E O "O 0 o Z`ew (n w w LL Co ox OO � L o O r� bi l o�c n i o - Lo �LU o o � Lu II vo- m v I _ oCO °oO OQ 0 LLa+ OT > aaUNW ao a� :: LL x 0rn l 2O W a Q �c 00 t o fo II o'cn IX Lu of r lO +: o >voavQ II 0TvF'--'o, oC C14rnO��O0 N (n :3 -0 x O ip ° U -0 co F - ~ w v(r = M 0 3 c ° >,NoO C14 ' (n M C 00 a) O C uj O p O o C o�L v QO OS VO W0U � mOU N v �of — 0N o • O w O r W o 0 v vC v 1 a > N < N r,+Ov o00oLQ v_No N >v O Q o vN x _ v� O LL x °-'w a t 0- w o i N 01 rl W x cc U Q o ooZN v o (1)i w o >ooO C: :3 EE Q Z H (i)i ci o Y W °o o cn 0-° H>N °oii z N _ wF- F- o m - r- @ o z -i� I I I m O w 0 m ' ai CERTIFICATE OF SURVEY FOR: N88°37'W 104.0 PLAT _\ STEVE SCHOTTLER 96.76 COMP. moi -=x928.9 Legend x x Fence � 930.4x \\ 1\ Stone Retaining Wall X900.0 ExistingElevation 92s.9J�i� \ I' --900- Existing Contour • Found Iron Monument W• \ l O Set Iron Monument i �i929'A x930.2 \\ \1 Inscribed R.L.S 15230 ��Xs2s.s� < 9�0 �5�,`929 ti x x930.5 x930.7 \\ l� 0 Z_ PROPERTY DESCRIPTION: 93 x931.8 J929 9� 930.6 \\ 0 A � !'\ That part of Tract "D", REGISTERED LAND SURVEY NO. 420, / ���� \ x930.3 x930.5 /J Hennepin County, Minnesota, lying northeasterly of the southwesterly 7.00 feet, except that part lying northwesterly of ��� �x32S _ fes'- ^� �� \ x931.1 s3o s \ 1 - i9 i �� x9 0.8 x �CP a line drawn from a point on the southwesterly line of said _ �� \ � s3o.s \ ` � Tract "D" , 21.51 feet southeasterly from the most westerly 9 / 931 930.5 +'-� 9 `\� 9.4 x930.5 x \ 1� O>� O corner of said Tract "D" , to a point on the north line of said 33 / x930.5 \\� / 93 .s x931.1 Tract "D" 7.57 feet east from the northwest corner of said / Q / x930.8 930 x �\ ��� x 9314 X928,9 \i 1\ x Tract "D» /wry g3Q � 29.4 O /mow x932 5 x931.5 \\\ Together with a perpetual easement for driveway purposes � over, under and across the southerly 98.53 feet of the x933.5 �• 000 �� (� 31.0 x931.4 A ! T �) A / � / / � "D \' \ �` EXISTING x930.6 \ easterly 7.50 feet of: 7 931.5x 031.5 BOATHOUSE \ I I \ /-\ U/ I \J \ -931.5 1 BASE FLOOD31 FOOTINGS 932 0 / / \ DGE OF WATER That part of Tract "D" REGISTERED LAND SURVEY NO. 420 931.0 x931.4 I x931'4 ,l Hennepin County, Minnesota, lying northeasterly of the / O I \ / I / \ southwesterly 7.00 feet, and lying northwesterly of a line drawn °h Q x931.3 / / x930. \\ l / 1 / from a point on the southwesterly line of said Tract "D" 9339 '� � x933.2 x9311 / / \ 21.51 feet southeasterly from the most westerly corner of said 931.0 x93. \� Tract "D" , to a point on the north line of said Tract "D", 7.57 feet east from the northwest corner of said Tract "D". DECK / x931.31 93y / 931.9x \�\ <� i\•J N �{1 x931.4 / \ � � x931.\ \ /wox931.2 �1 / �pg L x930.8 933.9 \ 1 x933.7 �� \ T I x931.1 / p, \ M \ / \ x930.7 \ \ l� /x931.6 \ I / / • , \ �l #2730 26 �\ Cp \ Ate. / \ 931.1 x \ x931.6m \\ 9 T R A C T D o x934.7 & x937.3 _ - 934.1 60 I / / �• \ / x930.4 n A \\ \\ o ss - •_.._.._ ._ \ / S \\ �9\8.9 933 934.6 �, / x933.8 x930.9 / 1 /x931.4 \ / \ \ CK \ \ i x931.1x934.3 / 931.6 935. •-••-75, \�_9 9338 35. 9 - / o \ -/9329A4.4 x934.8 QUO �O� i 9 \ \ / / x931.2 931.7 x 934.5 R 1 x930.9 P �� c?0 � h �s � 0<.5 x931.4 x930.7 X934.8 EN PO \ 93 x934. �� 934.9 \ / SCRERCH �/ \ \ x936. p� x935.2 936.0 ® / \ x930.7 x931.3 X935.5 °a S BA ENE x93 3 / \ 93 .0 31.7 \ �� x931.2 9�> \ x936.1 g x93 \93j xX931 4 9 O 36.0 \ 0 h g� �9 xDECK � � O�<G \ CK x935.5 �Alz xx930.8 \ 937.9TC gg9 CONCRETE ALK" / ® Opp 1 x931.8 \' \)S 931.3 39.7x 9 S O \ \ 940 xg 1 x943.2 R �o .2x ��� 9 T x932.4 ��.�� g42 N� 3.0 945 W 9h5 ® 36. \� x 931.3 / g sT / x n �Y LOT COVERAGE CALCULATION. 40.9x e / 4a1T x o. 93 ^V g \ •x932.5 Lot Area to OHW = 46,050 SF / a6 4s s 2 944. 93 7TC 9 x x 944.0 �R� �9R09 HARDCOVER: , (� si• 946.9TW 47.5TW , 94 + `+ Q x945 5 x947.2 �9 4 x 8 933.7 \ 5 x931.9 9 ® TW x x94 947.0 ° x ®House = 2,621 SF 947. y '' / 94 � O 47.6 S . 9 Screen Porch = 806 SF \ � x946.2 \ 4 5.9 © 32 Bituminous Driveway = 2,110 SF 1$�9 x \ O Concrete Garage Apron = 112 SF 936. ® Concrete Sidewalk and Stoop = 699 SF \ 47.0 \ x 4 93 x932.6 (E)Deck = 135 SF 93a \ 9 \ x946. \ \ R � EXCLUDABLE HARDCOVER: O x947 5 / \ \ 946.8x 947 S x94 5 934 9 3 Deck Allowance = -100 SF \ O ��// x9476 \ 94B \\ 947.0 X 9 #2760 \ Total = 6,383 SF \ O 93 TC \ \ / \948.5 = 13.9%\ \ \ \ � \ x948. 23. \ x946•DECK` O 4� \� N 948.2 x \ x948.9 T I_) A T -All existing building dimensions are measured to the finished siding\ \ 9 I I and not the building foundation. O x947. 39.9 9 -No search was made for any easements. -The location of all utilities shown are from either observed evidence in the field and/or from plans furnished by the utility companies and are approximate. Utility companies should be notified for exact location before doing any excavation. \ \ �9 79 x939.4 8.8 \ x s ATW \ 944.1 940 94l 924 Tw x939.7 0 20 40 60 SCALE IN FEET JOB NO. 212-17 SCALE 1" = 20' REVISIONS SITE ADDRESS 2740 SI-IADYWOOD RD. ORONO, MN 55331 I hereby certify that this survey, plan, or report was prepared by me or under m direct supervision and that I am a duly registered y p y 9 Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND SURVEYING, INC. Dated: I6 83 28i:� Woodrow A. Brown, R.L.S. MN REG 15230 W. BROWN LAND SURVEYING INC. ' �/�/ 8030 Cedar Avenue So., Suite 228. YY BI oomingt on, MN 55425 Bus: (952) 854-4055 Fax: (952) 854-4268 EMAIL: WBLANDSU RVEYQ40L.COM DATE REMARKS DRAWN CME BOOK/ PAGE 142/64 REFERENCE 248-15 142/37 BENCHMARK County Monument on the East Line of #2 Bell St. Elevation = 937.50. SHEET 1 Of 1 V r r 1 i 4r n J' A; ,.. s' 4Fi - 4r 4" i• �. ) r �r F W. 8/2017 Y �NQ e f " —v. F aA C \- •2� .avan gt*r1 V r r 1 i 4r n J' A; ,.. s' 4Fi - 4r 4" i• �. ) r �r F W. 8/2017 09/12/2017 � r ::11 M • NN 7w; t .��< v +f+ ;` a�'�,., -�•v .{SM f ^S j r IN • \ 'i Y ` C• a .'1 1� • t 'S .,�';, - 9y { �R'�•'•t ¢ dot f+ M '4��r.. � ~ T �• - MINE Elm — .. _. .. ,ice .-._ .. { •+-w -'__ „_ _ � r..i4•.a�. Y. - - __ - _. .._ �. -_ _ . A'-^!�`" -� c.'}ieY `moi _ ..� _.-r�ir_... vpw/20 - NOW-— l _ �: �� ..,.e. ". . �.rt<.. - Yom""-" '. •.�,�. fix' � � - .�+:`.�i'.i�. �_ � i �' '.w - - - , • • 77 ... w V.4 � I i t•��• a, � ��lat '��� • , �'`. �� .. 1 ' �� �. tai ,,'fJ.�M .. 1 ' }�x•f' .air+_ _ - _ __ _ ... y ._-_ �_. � ...rte•;:. -w.-. .+r+.m._ x __ - _ -_ ' - _ t yam. as.a'�-'� -a..•. _ -'.,�' _"'_— 'rpt • 11 09/12/2017 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. 2. #17-3979 KIMBERLY AND STEVE SCHOTTLER, 2740 SHADYWOOD ROAD, AFTER - THE -FACT VARIANCES, 6:35 P.M. — 7:05 P.M. Steve Schottler, Applicant, was present. Curtis stated the applicants purchased the property in August of 2016. In September of 2016, the City issued a stop work notice for unpermitted construction of a new screen porch on the lake side of the home. A follow-up inspection in July of 2017 showed that the porch had not been removed and no permit or variance applications had been submitted. The applicants have now submitted a variance application in October. The screen porch was constructed in the place of a smaller 26 -foot wide second -story deck which extended 11 feet from the house toward the lake. An 11.6' x 11.6' deck was built where that portion of the existing deck was located on the southeast side of the residence. Next to that a new 25.6' x 31.5' roofed screen porch now extends 31.5 feet toward the lake, which is 20 feet lakeward of the average lakeshore setback line and approximately two feet into the 75 -foot setback. Staff finds no practical difficulties supporting hardcover and structural encroachments into the 75 -foot setback. In addition, the screen porch could be redesigned to provide for that same outdoor living space within the permitted setback areas. Although the project is supported by the neighbors, Staff does not identify sufficient practical difficulties supporting the substantial average lakeshore setback encroachment. If the Planning Commission identifies practical difficulties support the new screen porch encroachment lakeward of the average lakeshore setback, a motion for approval would be appropriate. If the Planning Commission recommends approval, the comments from the building official should be taken into consideration. Staff recommends denial of the 75 -foot setback and hardcover encroachment since neither are supported by practical difficulties. Curtis displayed photographs of the screen porch and yard. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Landgraver asked for clarification on the timeline. Curtis indicated the screen porch was built sometime after the applicants purchased the property in August of 2016. Some other construction was going on at the property, which consisted of a fence. Following installation of the fence, a stop work order was issued on the screen porch. Curtis indicated she is not sure what type of communication went on between the applicant and the inspector. Staff met this fall with the homeowner and walked through the process and the applicant subsequently applied for a variance. Lemke asked whether the design of the screen porch meets all of the City's requirements. Curtis stated that is unknown at this time and that the comments from the inspector indicate that footing inspections would need to be conducted as well as a review of the structural components of the porch. Curtis stated that process would start with the applicant submitting building plans. Steve Schottler, Applicant, stated they are new citizens to the Orono. Schottler noted he currently is a stay-at-home dad but that he previously worked for a real estate company and appeared before various planning commissions. Schottler stated he understands how important the process is and that he is here to ask for an after -the -fact variance for the porch. Schottler stated in their view this is a unique property because there is a long channel that connects into a cove located on one side of the property, which creates a practical difficulty as it relates to the lakeside setbacks. Schottler stated he was able to meet with four of his neighbors. The neighbor to the right has a deck that is 65 feet from the cove, another neighbor on the right has a deck that is 95 feet from the main lake, and then the other two neighbors have decks that are 85 and 75 feet to the lake. Schottler noted his house to the main portion of the lake is 144 feet. Schottler stated part of the problem lies with the fact that the City's measurements are based on the high water level. Schottler stated when he measured it from the water's edge, it was over 75 feet. The area where the measurement was taken is the former boathouse area of the previous owner. Schottler stated it is actually a manmade inlet just for the boathouse, and that if you measure it out to where the rest of the cove is, it is approximately 102 feet. The house sits back 144 feet back from the main lake and a little MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. over 75 feet from the edge of the water to the boathouse. Schottler stated in their view they are using the land in a reasonable manner and not asking for anything out of the ordinary. Schottler stated the reason for the variance is the cove since the cove creates a special condition and is peculiar to this property and the immediately adjoining property. The condition this cove presents does not apply to many other structures in the district. Schottler displayed a photograph depicting the view from the porch to the property located at 2730 Shadywood Road. Schottler noted from their deck and back yard, those neighbors are unable to see into the back yard. The neighbor on the other side is also unable to see the porch since there is dense foliage between the two properties. Schottler displayed some photographs depicting the cove from the edge of the porch. Measuring from the water's edge of the cove, it is a little over 75 feet and approximately 144 feet to the main body of water. Schottler stated they wanted to work with their neighbors and the City and it is unfortunate that the variance is being requested after the fact. Schottler indicated they wanted to build something that went with the rest of the neighborhood and that they want to follow the rules. Schottler stated in their view the porch not only adds to their property but to the area. Land 'aver asked when they started the project. Schottler indicated they have worked in the past with contractors where they have gotten the permits and in this case they worked with somebody who said they would take care of everything. Schottler indicated they were traveling, and when they came back, there was a stop work order. Schottler indicated he has not heard from the contractor again and that there currently is no electrical in the porch as well as some soffits that need to be completed. Schottler stated he was told obtaining the variance is the first step and that they are willing to redo things to make sure everything is done correctly. Thiesse asked who the contractor was. Schottler indicated it was Duane Fredrickson of Master Carpentry and that he will not respond to his phone calls. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Chair Thiesse opened the public hearing at 6:45 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:45 p.m. Lemke stated the question is whether the porch would have been approved if the correct process had been followed. Thiesse stated in his view the fact that the neighbors are not opposed to the project has some bearing on the application given the intent of the average lakeshore setback, which is to protect the neighbors' view. Thiesse stated the cove effectively makes the area a peninsula and that the City has typically granted variances to properties located on peninsulas in the past. Landgraver stated he is not so sure the screen porch would have been approved originally. Thiesse noted they are also dealing with something that is manmade. Landgraver stated in his view there are some extenuating circumstances for the 75 -foot setback variance, which leaves the average lakeshore setback. Landgraver pointed out there is starting to be some creep closer to the lake. N N Thiesse stated he would not argue with that but in his view the 75 -foot mark is the actual setback they should be looking at and that the average lakeshore setback is based on the neighbors and the views. Thiesse stated while everybody wants their views protected, this project does not impact anyone's views. Olson noted if the cove was not there, this would not be as much of an issue. Schoenzeit stated it is not bothering anybody's average lakeshore setback. Schoenzeit noted the footings have not been inspected, and if they knew the footings have to be replaced, it should not be allowed to go back in. If the footings are not in concrete or rebar and they have to replace them, then it becomes a MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. problem. Schoenzeit noted they have not heard from the building inspector on whether the members are the right size, and that if it needs disassembly to meet code, he is not comfortable with the location. Thiesse stated if it meets all the requirements of the building official, it could be approved if the Planning Commission finds the location acceptable. Curtis stated structurally the building can be shored up to make it work and that the Planning Commission should not base their approval on whether it is structurally sound. Curtis stated if it is approved in this location, the building inspector has indicated they can make it work structurally. Schoenzeit stated if it has to be torn down to meet code, it should be considered a clean sheet, and that a practical difficulty could be the fact that it already exists. Curtis stated they need to look at it as though it is not there and that the practical difficulty cannot be that it is already built. Schoenzeit stated if it is not there, it would not be allowed to cross the yellow line. Barnhart pointed out the property owners cannot create the practical difficulty. Curtis stated according to the building inspector, the structure can be shortened to meet the 75 -foot setback. Thiesse stated he cannot vote for a motion requiring someone to cut four feet off of their porch and that they can make the porch structurally sound if it is lacking something. Thiesse commented it is the cove that is manmade that has created a practical difficulty. Landgraver stated he is disappointed that something was built and that they are now dealing with it after the fact. Landgraver indicated he would be willing to grant a variance to the 75 -foot variance since it is already built but that he has an issue with the average lakeshore setback. Landgraver stated he is not sure the Planning Commission would have approved it that far past the average lakeshore setback line. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Thiesse stated he tends to lean toward approval since the neighbors are in favor of it and that in his view the average lakeshore setback is something that can be manipulated depending on the circumstances. Thiesse noted the neighbor to the north is already 65 feet from the cove and that he cannot go any closer. Lemke commented he sees it both ways and that the Planning Commission likely would have approved the average lakeshore setback because it seems to be a reasonable addition to the house. Thiesse asked if the practical difficulty could be that this was created by his contractor. Curtis indicated the applicant is the person responsible for his property. Landgraver asked if there are any configurations that would have stayed within the average lakeshore setback. Curtis noted the red line is the average lakeshore setback line and that there is room to construct a porch and outdoor patio area or they could have made it smaller. Olson commented he is not happy the application is in front of them but that he cannot see making them _ remove it. I Schoenzeit stated since there are no neighbors' complaints and the setback is not in play from the neighbors' standpoint, that would be allowed by the Planning Commission. Schoenzeit stated if someone put a dotted line on the true shoreline and not the manmade cove, the structure would not be in the setback. Schoenzeit stated in his view this is a unique situation and that he could possibly buy the argument that the true shoreline is beyond the cove. Thiesse asked if he would consider the shoreline to be where the boathouse used to be. Schottler stated from the boathouse it would be measured at 102 feet. Schoenzeit commented he finds it hard to believe that a contractor did not know the footings had to be inspected and that the City should consider keeping a list of contractors who violate the City's regulations. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Landgraver stated he believes the applicant took the word of the contractor, but if the Planning Commission goes ahead and approves this by saying no neighbors complained, they are kind of sending out the message that after -the -fact variances could be approved. Thiesse stated he is not so sure the Planning Commission would not have allowed this given the location of the cove. Thiesse stated if the cove was not there, the house to the north would be way up by the cove and the average lakeshore setback would have gone through the boathouse. Thiesse stated the cove was created at some point and is not part of the lake. Lemke moved, Olson seconded, to recommend approval of Application No. 17-3979, Kimberly and Scott Schottler, 2740 Shadywood Road, granting of after -the -fact variances for the average lakeshore setback, 75 -foot lake setback, and hardcover within the 75 -foot setback, subject to complying with the requirements of the building official. Landgraver noted he is opposed to the average lakeshore setback variance but that he is okay with the 75 -foot setback variance. VOTE: Ayes 4, Nays 1, Landgraver Opposed. Date Application Received: 09/20/17 Date Application Considered as Complete: 10/11/17 120 -Day Review Period (60 -day Extension) Expires: 02/08/18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 20 November 2017 Subject: #17-3979, Steven & Kimberly Schottler, 2740 Shadywood Road, ATF Variances Public Hearing Application Summary: The applicants are requesting after -the -fact approval of average lakeshore setback, 75 -lake setback, and hardcover within the 75 -foot setback variances in order to allow the elevated screen porch to remain as constructed. Staff Recommendation: Planning Department Staff recommends partial approval, see page 5. Background The applicants were new owners of the subject property in August of 2016. In September, 2016 the City issued a stop work notice for unpermitted construction of a new screen porch on the lake side of the home. A follow up inspection in July of 2017 showed that the porch had not been removed; no permit or variance applications had been submitted. The owners responded to the City's July 21, 2017 letter (Exhibit F) and met with staff to discuss the process for applying for an after -the -fact variance. The variance application was submitted on September 20th and made complete (all information submitted) on October 11tH The screen porch was constructed in the place of a smaller 26 foot wide 2nd story deck which extended 11 feet from the house toward the lake. An 11.6' x 11.6' deck was built where that portion of the existing deck was located, and next to that a new 25.6' x 31.5' roofed screen porch now extends 31.5 feet toward the lake; 20 feet lakeward of the average lakeshore setback line and approximately 2 feet into the 75 -foot setback. LOT ANALYSIS WORKSHEET Section 78-330 &78-1279 - Setbacks: LR -113 Required Existing Proposed Rear / Street 30' 31.3' house No change NW Side 10' 50.2' No change SE Side 10' 46.5' No change Lakeshore 75' 81' 73' Average Lakeshore The pre-existing deck was conforming; the new screen porch extends 20 feet lakeward of the average lakeshore setback line. FILE # 17-3979 20 Nov 2017 Page 2 of 5 Section 78-1403- Structural Cover Total Lot Area Total Structural Coverage 46,050 s.f. (1.0 acre) Allowed: 9,210 s.f. (20%) Existing: 2,621 s.f. (5.7%) in Zone Proposed: 3,427 s.f. (7.4%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier ±50 w/in 54.5 s.f. 11,512 s.f. 5,726 s.f. 6,383 s.f. w/in 75' Tier 1 46,050 s.f. (25 %) (12.4%) 75, (13.8%) (deck+ (driveway) driveway) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The screen porch was constructed encroaching up to 20 feet lakeward into the average lakeshore setback. 75 -foot Lake Setback and Hardcover within 75 -foot Setback Variances (Sections 78-1279 & 78- 1680 Currently there are no structures within the 75 -foot setback area; an approximate 50 square foot portion of the existing driveway is located within the 75 -foot setback as a result of the cove. As constructed, the new screen porch encroaches up to 3 feet into the 75 -foot lake setback also resulting in 4.5 square feet of new hardcover within the 75 -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. 2, 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 §462.537 Subd. 6(2) variances shall only be permitted when: FILE # 17-3979 20 Nov 2017 Page 3 of 5 1. The variance is in harmony with the general intent and purpose of the Ordinance. The home and deck on the property in 2016 where conforming with respect to lake and average lakeshore setbacks. The proposed screen porch will encroach approximately 3 feet into the 75 -foot setback; and approximately 20 feet into the average lakeshore setback line. Neighbors have indicated that the screen porch encroachment into the average lakeshore setback does not block their views of the lake, however there exist other reasonable areas to expand indoor/outdoor spaces without encroaching into setbacks. At this point, the minimal 75 -foot setback variance requested is purely for the applicants' convenience as the screen porch is already constructed; therefore this criterion is not met. 2. The variance is consistent with the comprehensive plan. The screen porch addition to the existing home could be constructed in a conforming location and is not consistent with the comprehensive plan. This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The screen porch addition will increase the bulk and massing on the property within the average lakeshore setback (and to a minor extent the 75 -foot setback) which is currently conforming. The improvements could be constructed in a way which would conform to the code. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The applicant has not demonstrated that the property is unique to justify the need for a variance. This criterion is not met; and c. The variance will not alter the essential character of the locality. The visual massing of structure within the average lakeshore setback and additional hardcover within the 75 foot setback will alter the character of the locality, particularly when viewed from the lake. 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. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a screen porch addition to the home is an allowed use in the LR -1113 District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home on the subject property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. This criterion is met. FILE # 17-3979 20 Nov 2017 Page 4 of 5 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The home on the subject property and the neighboring homes are mostly in line and situated ±30 feet from the rear/street property lines resulting in a narrow area for improvements conforming to the average lakeshore setback line. This condition applies to the immediately adjacent properties. 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 owners have an existing home on the property which includes lakeyard area to construct a conforming screen porch of a different configuration demonstrating reasonable use. 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. The intent of the zoning ordinance is to provide an opportunity for development and reinvestment in neighborhoods while reinforcing Orono's goals of lake and natural resource protection, while preserving the unique neighborhood character. The proposed screen porch addition is out of character with the neighborhood, and the lake yard variances are proposed to avoid a tenant of the Code intended to protect against uncharacteristic bulk and mass. This criterion is not met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It appears the purpose for granting the requested variances would be for the convenience to the applicants. 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. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds no practical difficulties supporting hardcover and structural encroachment into the 75 - foot setback. Additionally, the screen porch could be designed to provide for outdoor living space within the permitted setback areas. Although supported by neighbors, Staff does not identify sufficient practical difficulties supporting the substantial average lakeshore setback encroachment. Engineer Comments The City Engineer has not reviewed this project as there are no changes to the grades on the site. Building Official Comments No building permits were issued for the deck rebuild or the new screen porch. Therefore, no structural evaluation was conducted for the new structure. In order to process the issuance of a building permit the following will need to be completed: 1. Applicant submittal of detailed construction plans for the structure; 2. To verify all structural components the Building Official must inspect the structure. This may result in one, or both, of the following: FILE # 17-3979 20 Nov 2017 Page 5 of 5 a. The possibility that portions of the structure will need to be disassembled in order to evaluate the structural construction and components; or b. Submittal of certification by a structural engineer registered in the State of Minnesota regarding the structural components (disassembly may be required for this as well). 3. Verification acceptable to the Building Official of all footings. 4. Modifications maybe required by the Building Official in order to meet the Building Code structural requirements or rectify any identified structural deficiencies. Public Comments Public comments have been received supporting the applicants' request. The comments are attached as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation If the Planning Commission identifies practical difficulties supporting the new screen porch encroachment lakeward of the average lakeshore setback, a motion for approval would be appropriate. However, Planning staff recommends denial of the 75 -foot setback and hardcover encroachment as neither variance are supported by practical difficulties. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey Exhibit E. Staff -Annotated "Proposed" Survey Exhibit F. Violation Letter Exhibit G. Public Comments Exhibit H. Submitted Hardcover Calculations Exhibit 1. Site Photos Exhibit J. Aerial Photos Exhibit K. Property Owners List Exhibit L. Plat Map F el �4kESH0 19 October 2017 Steve and Kimberly Schottler 2740 Shadywood Road Excelsior, MN 55331 RE: 60 -Day Extension for #17-3979 CITY OF ORONO Street Address' Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.6.orono.mn.ws Sent via EMAIL On September 20, the City of Orono received your application for after the fact variances for property at 2740 Shadywood Road. Your application was considered to be complete on October 111h resulting in an initial 60 -day City review period expiration of December 10th. Due to the potential delay and the scheduling conflict we discussed today, the City hereby notifies you that we are extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The review time period is extended until February 8, 2018. Please reach out to me if you have any questions on this matter, 952.249.4627 or mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORONO Melanie Curtis Planner Copies via email: Fred & Patricia Johnson AGENDA ITEM Item No. 11 Date: January 8, 2018 Item Description: Orono School Lunch Funding Presenter: John Morstad Agenda Presentation Jackie Brown Section: Purpose. The purpose of this agenda item is to discuss how the School handles negative balances and the needs the district has for the school lunch program. COUNCIL ACTION REQUESTED No action required. Prepared By: AMC Reviewed By: 5b)X Approved By: -1 AGENDA ITEM Item No. 12 Date: January 8, 2018 Item Description: Western Communities Action Network (WeCAN) Request for CDBG Support - Resolution Presenter: Dustin Rief, City Administrator Agenda City Administrator's Section: Report Purpose. Western Communities Action Network (WeCAN) is requesting a letter of support and/or Resolution from the City for the CDBG grant application they will be submitting. WeCAN serves individuals and families in need in western Hennepin County. They are a community nonprofit organization whose mission is to provide support services to empower and equip individuals and families to reach stability and self-sufficiency. Executive Director, Christie Larson, provided the following 2017 statistics in Orono: Unduplicated households served — 11 Unduplicated individuals served — 13 Total number of services provided (emergency assistance, family support, Meals on Wheels, Mobile Market) - 124 COUNCIL ACTION REQUESTED: Consider a motion to approve sending the attached letter of support for the CDBG and Resolution for the grant application being submitted by the Western Communities Action Network. Exhibits A. Resolution B. Letter of Support C. WeCAN Request Prepared By: AMC Reviewed By: AMC Approved By: JIV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING OF WESTERN COMMUNITIES ACTION NETWORK (WeCAN) WHEREAS, the City of Orono has supported services for its residents given by WeCAN, a community based human service organization dedicated to helping low-income people achieve greater self -efficiency and family stability; and WHERAS, these services include emergency assistance for housing stability, family, support services, Meals on Wheels, a mobile food shelf, employment support, public assistance intake services and other resources. NOW, THERFORE BE IT RESOLVED that the City of Orono recommends to the Consolidated Pool Selection Committee that Community Development Block Grant (CDBG) funding of Western Communities Action Network (WeCAN) be continued. Adopted by the Orono City Council the 8' day of January, 2018. Mayor, Dennis Walsh ATTEST: City Clerk, Anna Carlson January 9, 2018 CITY OF ORONO Street Address: Marling Address: Tefephone (952) 249-4$0C 2750 Kelley Parkway P.o. Box 66 Fax (952) 249.4$1$ Orono, MN 5535$ Crystal Bay, MN 55323 www.ci.orono.mmus Consolidated Pool CDBG Application Review Committee c/o Christie Larson Dear CDBG Application Review Committee, I am writing on behalf of the Mayor and City Council in support of the application by WeCAN for funding through the CDBG Program. The City Council, at its January 8, 2018 meeting, expressed its support for the WeCAN CDBG application and directed that a letter of support be sent to the Consolidated Pool Committee. WeCAN provides a variety of essential services to low income residents in western Hennepin County. It is important that WeCAN continue to receive financial support through the CDBG program and continue to serve over 1,400 individuals in our community. Sincerely, Dustin Rief City Administrator This year we will: 4 r� Serve 1,400 individuals, children and families Deliver 8,000 hot meals to seniors Distribute 1,200 coats, hats and mittens N Provide 325 individuals in crisis with emergency assistance ko%po — 4 04N V y = N Westem 40mmunities Action.. Network. Inc. December 18, 2017 Dear Mayor and City Council, Rfte A DM 2.12017 On behalf of Western Communities Action Network (WeCAN), I am asking your city to support our application for Community Development Block Grant (CDBG) Consolidated Pool fund for 2018 with a resolution and/or a letter of recommendation. WeCAN serves individuals and families in need in western Hennepin County. We are a community nonprofit organization whose mission is to provide support services to empower and equip individuals and families to reach stability and self-sufficiency. Our vision is that families and individuals will thrive in a vibrant community with full access to resources and support services. WeCAN provides our community with much needed resources for our low-income and struggling clients. Our Meals on Wheels service provides fresh, nutritious meals delivered directly to the homes of seniors and individuals with disabilities. The WeCAN Mobile Market delivers groceries to those in need, who may not be able to access a traditional food shelf. It also features program that provides food bags to children during school breaks. Our family support programs include personal hygiene items and cleaning supplies given out once per month to stretch budgets, a birthday shelf with gifts and party supplies to celebrate a child's birthday, pet food assistance, school supplies and backpacks, an annual coat drive in the winter and a holiday gift program. We also offer space for clients to meet Hennepin County outreach workers, WIC, CAP -HC and Adult Basic Education classes (GED and ELL). Your support for our application is vital to our organization receiving the funds to support these much needed and well utilized services. The deadline for your resolution and/or a letter of recommendation is February 1, 2018. 1 have included sample documents for you to use. Please feel free to call or email me with any questions, or to arrange a presentation for the council or staff. I look forward to our continued partnership as we make our community a better place for all. ExecutW Director