HomeMy WebLinkAbout07-24-2017 Council PacketAgenda for Council Meeting Set for Monday, July 24, 2017, 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 July 10, 2017
3. Claims/Bills
4. Appointment of 2017 Seasonal Employees
5. 2018 Street Maintenance Engineering Proposal
6. Well #2 Maintenance and Reconditioning
7. Contract for Law Enforcement Services
8. Adopt State of Minnesota Joint Powers Agreement and Court Data Services Amendment to CJDN
Subscribers Agreement (Renewal)
9. City of Orono — Text Amendment: Fee Schedule as it pertains to Planning and Zoning
10. #17-3942 — Lori Zappa, 3670 Togo Road, Resolution
11. #17-3944 — Westwood Professional Services o/b/o Ugorets 8098 LLC, 2520 Shadywood Road,
Resolution of Denial
12. Approval to Purchase a Large Format Printer Scanner
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
13. Swearing in of Officers — Orono Police Department
14. Tour de Tonka Presentation
15. Carman Bay Lake Improvement Public Hearing
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Agenda for Council Meeting Set for Monday, July 24, 2017, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Public Works/City Engineer Report
16. Wayzata Boulevard (CSAH 112) Phase 2 Design Approval
17. Old Crystal Bay Road (CSAH 112-CSAH 6) Feasibility Study Proposal
Mayor/Council Report
City Administrator's Report
18. Selection of Website Designer
City Attorney's Report
Adjournment
Upcoming Events
2017
08-07-17 — Park Commission Meeting, Monday, 6:30 p.m.
08-14-17 — City Council Meeting, Monday 7:00 p.m.
08-21-17 — Planning Commission Meeting, Monday, 6:30 p.m. (Aaron Printup)
08-28-17 — City Council Work Session, Monday, 5:00 p.m.
08-28-17 — City Council Meeting, Monday, 7:00 p.m.
09-04-17 — Labor Day, City Offices Closed
09-11-17 — City Council Meeting, Monday, 7:00 p.m.
09-18-17 — Planning Commission Meeting, Monday, 6:30 p.m. (Victoria Seals)
09-25-17 — City Council Work Session, Monday, 5:00 p.m.
09-25-17 — City Council Meeting, Monday, 7:00 p.m.
10-02-17 — Park Commission Meeting, Monday 6:30 p.m.
10-09-17 — City Council Meeting, Monday, 7:00 p.m.
10-16-17 — Planning Commission Meeting, Monday, 6:30 p.m. (Wendy Dankey)
10-23-17 — City Council Work Session, Monday, 5:00 p.m.
10-23-17 — 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, July 10, 2017
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, Council Members Richard Crosby, II, Wendy Dankey, Aaron Printup, and Victoria Seals.
Representing Staff were City Administrator Doug Reeder, Community Development Director Jeremy
Barnhart, Public Works Director/City Engineer Adam Edwards, Assistant City Attorney Andrea
McDowell Poehler, and Recorder Jackie Young.
Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item No. 8 was removed from the Consent Agenda.
Printup moved, Seals seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
2. CITY COUNCIL MEETING MINUTES OF JUNE 26, 2017
3. CITY COUNCIL WORK SESSION MINUTES OF JUNE 26, 2017
4. CLAIMSBILLS
5. REPLACEMENT SEWER PUMPS FOR LIFT STATION 28 AND LIFT STATION 20
6. APPROVE RELEASE OF ENCROACHMENT AGREEMENT — 3345 CRYSTAL BAY
ROAD
7. #17-3943 ALL ENERGY SOLAR ON BEHALF OF LARRY BARAN, 480 STUBBS
BAY ROAD, VARIANCES — RESOLUTION NO. 6776
all 702all-40110alUR01.1 1
This item was removed from the Consent Agenda.
9. TEMPORARY COMPENSATION ADJUSTMENT FOR FINANCE STAFF
10. COMPENSATION ADJUSTMENT FOR PART-TIME SCANNER EMPLOYEES
PUBLIC COMMENTS
None
Page 1 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
PRESENTATION
11. EAGLE PROJECT PROPOSAL
John Ellis, Boy Scout Troop 206, addressed the City Council regarding his Eagle Scout project. Ellis
stated as part of his project he is building three flag retirement boxes and that he would like to ask for
permission to place one of the boxes at Orono City Hall or on the school campus. Troop 206 will
maintain it. Ellis stated he hopes to have the boxes finished by the end of July. Ellis stated the box would
be approximately 2' x 2' x 4' with a little door on the front to place the flags in the box.
Dankey asked what is done with the flags.
Ellis indicated the Boy Scouts will hold a flag retiring ceremony at summer camp each year for the flags
they collect.
Ellis stated the boxes will allow communities to properly dispose of their American flags, raises
awareness for flag etiquette, and will build a relationship between the Boy Scouts and the community.
Ellis stated Boy Scout Troop 206 will maintain the boxes and retire the flags.
Crosby commented he thinks it is a terrific idea and that he would recommend a box be placed here at city
hall.
Printup asked if there would be any identifying marks on the box.
Ellis displayed a picture of a similar flag box, noting there would be language on the box stating it is for
flag disposal.
Crosby moved, Dankey seconded, to approve the Eagle Scout project and to install the flag
retirement box near the Orono City Hall. VOTE: Ayes 5, Nays 0,
PUBLIC WORKS/CITY ENGINEER REPORT
12. RESOLUTION TO HENNEPIN COUNTY REQUESTING RECONFIGURATION —
COUNTY ROAD 6 AND OLD CRYSTAL BAY ROAD INTERSECTION — RESOLUTION NO.
6777
Edwards reviewed his Staff memorandum dated July 10, 2017, regarding a resolution to Hennepin
County requesting they reconfigure the County Road 6/Old Crystal Bay Road intersection to only allow
right in/right out for a trial period beginning this coming school year. Staff recommends approval.
Walsh noted the City has previously discussed making this intersection safer and that the City is taking
some action to hopefully prevent an accident and to be proactive. Walsh stated the City is suggesting the
change start in August prior to school starting.
Dankey asked if Edwards has heard anything since this was last discussed.
Edwards indicated he has not but that he has spoken with representatives from the school and they were in
favor of it. Edwards stated he has also spoken with Hennepin County's traffic engineer and that they are
waiting for action by the City prior to implementing any change.
Page 2of14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
12. RESOLUTION TO HENNEPIN COUNTY REQUESTING RECONFIGURATION —
COUNTY ROAD 6 AND OLD CRYSTAL BAY ROAD INTERSECTION — RESOLUTION NO.
6777 - Continued
Crosby stated reducing the speed limit in this area and on Old Crystal Bay Road during school hours to 25
mph would also be a good idea.
Edwards stated Old Crystal Bay Road is a city road and it is posted at 25. Edwards noted County Road 6
does not qualify as a school zone where there are active crossings. Edwards stated the City can request
the police department place speed trailers in that area.
Crosby stated in his view the entire length of Old Crystal Bay Road should be considered a school zone.
Walsh stated it is worth asking.
Seals stated the turn lanes are a good first step. Seals stated given the number of parents that drop off and
pick up their children at the school, as well as the new recreation center that will be built, some
consideration should be given to using the old Highway 12 entrance.
Edwards stated the school did commission a study last year that made some recommendations that could
be implemented now as well as some future improvements that could be made when Highway 12 is
redone. Edwards stated the initial concept with the right in/right out turns is to use flexible bollards in
addition to some signage and markings on the road. Edwards stated if that works, the City can look at a
more permanent configuration.
Dankey moved, Seals seconded, to adopt RESOLUTION NO. 6777, a Resolution Requesting
Hennepin County Reconfigure the County Road 6/Old Crystal Bay Road intersection to only allow
right in and right out for a trial period during the 2017/2018 school year. VOTE: Ayes 5, Nays 0.
8. PURCHASE OF TAX FORFEITED PARCEL FOR FUTURE PUBLIC PURPOSE
Barnhart reviewed his Staff memorandum regarding the purchase of a tax forfeited parcel at the end of
Golden View Drive. Barnhart stated Staff generally supports acquisition of parcels like this since the City
is not required to build or improve the lot and that there might be a need in the future for a road to be built
or extended.
Walsh noted the Council has received some comments from a few neighbors in the area. Walsh asked if
anyone from the public would like to comment on this item.
Stephanie Rigley, 175 Golden View Drive, stated they purchased their property in 2009 and that they
were told there was an outlot there but were not told it was available for sale. Rigley stated from what
they understand, it was forfeited in 1995, which is probably when the last two houses were developed.
Bigley noted Silver View and Golden View are both private roads. Rigley asked what the benefit to
Orono would be to acquire this outlot. Rigley noted the City would still need to acquire the other parcel
in order to construct a road. Rigley stated she realizes they cannot purchase it directly from Hennepin
County but they were told Orono could sell it to them.
Page 3 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
8. PURCHASE OF TAX FORFEITED PARCEL FOR FUTURE PUBLIC PURPOSE -
Continued
Walsh asked if the driveway on the other side goes through the outlot.
Rigley indicated it does not.
Walsh stated the opportunity to purchase a lot like this always goes to the City first and that a pass
through sale is a possibility.
Rigley stated Hennepin County has confirmed today that since 1995 it has never been offered for sale to
the adjacent property owners.
Walsh suggested Ms. Rigley speak with Jeremy Barnhart about possibly purchasing it from the City.
Crosby noted with the two private roads and the cul-de-sac, there really is no need for a road to be
constructed there.
Crosby moved, Printup seconded, to approve the purchase of .23 acres at the north end of Golden
View Drive. VOTE: Ayes 5, Nays 0.
PLANNING DEPARTMENT REPORT — REPRESENTATIVE JOHN THIESSE
13. #17-3933 CATHERINE SWEET, 3405 AND 3407 CRYSTAL BAY ROAD, VACATION
OFSTREET
Barnhart reviewed his Staff report dated July 10, 2017, regarding the applicant's request to vacate an
unimproved right-of-way adjacent to her property. The Planning Commission voted to deny the request
but recommended the City Council consider a relocated right-of-way. Staff recommends denial of this
request as well as relocating the right-of-way.
Barnhart noted the public hearing continued at the Planning Commission meeting should be reopened.
Mayor Walsh opened the public hearing at 7:33 p.m.
Catherine Sweet, Applicant, stated the property has been vacant for a number of years and that she found
out at the time she went to list the property for sale that the lot does not have dock rights. Sweet stated
when she found out she cannot split the current easement, she suggested relocating it. Sweet indicated if
it is relocated, she would tear down the garage, remove the driveway and other hardcover that is on that
lot with the exception of the house, and the City would then have an easement over that lot.
Crosby asked if the advantage to the applicant is to gain dock rights.
Sweet stated if it is approved, she would end up with one continuous property and that she would retain
ownership of all the property and keep the dock on the 3405 property. Sweet stated in the future it would
be sold as one property.
Mayor Walsh closed the public hearing at 7:36 p.m.
Page 4 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
13. #17-3933 CATHERINE SWEET, 3405 AND 3407 CRYSTAL BAY ROAD, VACATION
OF STREET - Continued
Printup stated he would lean towards opposing it since from a historical perspective Orono has retained
these fire lanes for lake access.
Seals asked how many fire lanes the City has.
Barnhart indicated there are several dozen fire lanes throughout the City but that he does not have an
exact number.
Seals questioned whether this would be opening Pandora's Box given the other fire lanes throughout the
City.
Walsh commented there are a number of issues associated with the fire lanes depending on their location
and that typically the City does not do anything with them unless something comes up.
Dankey asked who owns the dock that is depicted on the survey.
Barnhart stated he is not aware of who owns the dock. Barnhart pointed out the four lots owned by the
City.
Walsh stated it was his understanding that the people who own those lots were given the right to have a
dock there but that it had to be removed if the properties were ever sold.
Crosby stated instead of trying to control a small piece of lakeshore, the City should look at selling some
of these fire lanes to the adjacent property owners.
Barnhart stated it is his understanding there is an easement over those four city -owned lots for bathing
and bath rights for the benefit of other non-lakeshore properties. Barnhart stated he would need to look
into it further before making a formal recommendation.
Printup stated he would be opposed to relocating the right-of-way.
Walsh noted the City's past policy has been to never get rid of the fire lanes but that in his view they
should be judged on a case-by-case basis.
Dankey commented it is a great location since it is right off of the bike trail.
Seals stated it is unlikely someone from Minneapolis would know there is lake access there. Seals asked
why the Planning Commission did not recommend getting rid of this fire lane.
John Thiesse, Planning Commission Chair, stated it made a little bit of sense to get rid of it but the
discussion focused on the fact that it is lake access near the trail. Thiesse stated it was felt there would
never be another lake access created if that property was divided. The Planning Commission did talk
about moving it towards the west but the discussion went towards that other property owner being given
notice of the possibility of relocating the easement next to his property.
Page 5 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
13. #17-3933 CATHERINE SWEET, 3405 AND 3407 CRYSTAL BAY ROAD, VACATION
OF STREET - Continued
Barnhart displayed a survey of the two properties. Barnhart noted the City vacated the street that was
created in 1908 and then created a new right-of-way as a result of that vacation. Barnhart stated in the
event the property owner wished to donate an easement or a right-of-way in another location, there would
need to be another public hearing and a variance would also likely need to be granted to the 0-75 foot
setback.
Seals stated she would agree that the other property owner should be notified of the possible relocation.
Crosby asked how much of a variance would be required.
Barnhart stated to his understanding the 75 -foot line goes through most of the homes in the area.
Walsh noted the City Attorney found out today that Crystal Bay Road is not owned by the City and is
instead owned in part by each of the residents that live on the road, which also raises some questions.
Printup moved, Seals seconded, to direct Staff to draft a denial resolution for Application No.
#17-3933, Catherine Sweet, 3405 and 3407 Crystal Bay Road.
Walsh asked whether the Council would like to consider tabling the application to look at relocating the
right-of-way.
Crosby stated he would like to see that.
Barnhart stated there are two options the Council can consider: the Council can direct staff to draft a
denial resolution or the applicant can waive her 60 -day time period to allow for additional time to look at
relocating the right-of-way.
Sweet indicated she would waive the 60 -day review period.
Printup withdrew his motion.
Crosby moved, Seals seconded, to table Application No. #17-3933, Catherine Sweet, 3405 and 3407
Crystal Bay Road. VOTE: Ayes 5, Nays 0.
14. #17-3944 WESTWOOD PROFESSIONAL SERVICES ON BEHALF OF UGORETS
8098 LLC, 2520 SHADYWOOD ROAD, REZONING AND MASTER PLAN APPROVAL
Barnhart reviewed his Staff report dated July 10, 2017, regarding rezoning to RPUD and a master plan
review for a proposed 40 -unit condominium on 3.11 acres. The Planning Commission recommended
denial of the project due to concerns with building height and impacts to traffic. Staff recommends
approval subject to Council direction on the height.
Seals asked what Staff means by they generally support this plan.
Barnhart stated the City has certain areas that have been identified for higher density and this is one of
those areas. Staff supports it from a general perspective since there is infrastructure available such as
Page 6 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
14. #17-3944 WESTWOOD PROFESSIONAL SERVICES ON BEHALF OF UGORETS
8098 LLC, 2520 SHADYWOOD ROAD, REZONING AND MASTER PLAN APPROVAL -
Continued
sewer and water, access to bus lines and county roads, to support higher density. Barnhart stated how the
project fits within the character of the neighborhood is a decision to be made by the City Council.
Printup asked whether the City's utilities will support the higher density.
Barnhart stated Staff has not looked at the engineering at this point but the system is generally designed
based on the City's Comprehensive Plan. Barnhart stated he cannot say that it is 100 percent ready but
that is the expectation unless proven otherwise.
Seals stated in her view the residents do not want higher density on this site and that they have not moved
to this area because there is higher density.
Dankey noted she used to reside in this area and the proposal does not fit the area. Dankey stated she also
does not believe there are a number of services and jobs available in the Navarre area.
Walsh noted a number of residents were perplexed at why Staff supports this application. Walsh
indicated Staff looks at applications from a different perspective than the City Council does and that Staff
looks at applications more from an information perspective based on what the City is attempting to
accomplish with its Comprehensive Plan.
Alex Ugorets, 175 Brentwood Road, Tonka Bay, stated he has proposed a three-level building with a
penthouse level. Ugorets noted one of the levels is underground and cut into a hill. Ugorets stated he was
under the impression that the City desired a large project at this location, but following the Planning
Commission meeting he is not sure what the City of Orono desires.
Ugorets stated in order to accommodate the concerns of the neighborhood, they have reduced the building
from 55 units to 40 units and changed it from apartments to condominiums, which will cost him more
money and carry more risk. Ugorets stated people tend to want to live higher up in condominiums and
that the height helps make the building financially feasible. Ugorets noted the penthouse and upper level
are probably the only two levels that would have a view of the lake. The first two floors would consist of
inexpensive condominiums. The penthouse occupies about 25 to 30 percent of the floor area and does not
obstruct anyone's views of the lake and is barely above the treetops. Ugorets stated most people will only
see a three-story structure as they drive along County Road 19 and that there is screening from the
residential area in the rear. Ugorets noted the height of this building is almost the same as the existing
Freshwater Business Center.
Ugorets noted this is a very big investment on his end and will create a good opportunity for the area.
Ugorets stated he needs to construct a certain size building in order to make it financially feasible, and
that if he is required to stick to 30 feet, the project will not happen. Ugorets stated in his view it will have
minimal impact on the traffic but will have a significant benefit to Navarre businesses and bring in tax
revenue to the City of Orono.
Ugorets stated he would ask the City Council to approve the project as is. Ugorets stated the increased
density will provide housing for the older population in the City. Ugorets stated he understands the
position of the City but that he cannot construct a 30 -foot building and have it be financially feasible.
Page 7of14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
14. #17-3944 WESTWOOD PROFESSIONAL SERVICES ON BEHALF OF UGORETS
8098 LLC, 2520 SHADYWOOD ROAD, REZONING AND MASTER PLAN APPROVAL -
Continued
Ugorets commented it is virtually unheard of to construct a two-story apartment building in the
metropolitan area.
Mayor Walsh asked whether anyone from the public would like to comment on this application.
Cecelia Cullen, 2700 Pheasant Road, stated she appreciated the responses from the City Council because
it gave her the sense that she was being heard. Cullen stated she has found over the years that traffic has
really increased in this area and that it is very difficult or impossible to take a left off of Pheasant Road
during rush hour. Cullen stated due to the curve in the road, Pheasant Road is not very visible, and there
are also bicyclists in the area that motorists have to worry about. Cullen stated she cannot imagine the
impact of another 80 cars from this development as well as additional drivers from the redeveloped golf
course.
Tim Olson, 2510 Old Beach Road, noted he spoke at the June Planning Commission meeting and that his
main points are contained in the minutes. Olson noted he has been asked to speak on behalf of a number
of the residents and that people acknowledge proper development of this property under the guidelines
and restrictions that are in place. Olson noted over 200 residents have signed the online petition against
this project.
Olson stated through the development of the Orono Comprehensive Plan, the residents have entrusted the
City Council to make decisions in accordance with the plan and guidelines. The Comprehensive Plan was
developed with considerable community input with the expectation that this plan would be followed to
help shape the development of the area going into the future. The management plan contains six
elements, with the main elements being land use and environmental protection. Orono residents place the
highest priority on open space, preservation of woodlands and wetlands, with emphasis on dark skies and
an emphasis on land use that maintains the historic identity of Orono.
Olson stated the residents are aware that this area has to be rezoned RPUD to achieve certain housing
goals and that there are seven principles required for an RPUD. Olson noted this particular project does
not meet most of those and that the design should be compatible with the surrounding land uses. One of
the main problems is that the land does not meet the 5 -acre land requirement and that the proposed
density at 15.63 units per acre exceeds the maximum allowable density for the project. In addition, the
proposed building height exceeds the City's height limitation; fails to meet several setbacks, with the
front setback coming as close as 35 feet; and does not provide for open space. Olson stated the design,
the size, and the number of units do not in any way fit into this neighborhood and that there is currently
no other building remotely this size in Navarre.
Olson noted the term flexibility has been used in connection with the RPUD. Olson stated he appreciates
flexibility on a project but that flexibility should not meaningfully change the guidelines the City has in
place. Olson stated everyone agrees there is no hurry to go through this process and that they all
recognize that whatever is developed on this property will become a permanent fixture and will be a part
of the Navarre community for decades to come. Olson stated through patient planning and proper
development, the City has an opportunity to create a beautiful and vibrant area. Olson stated the residents
would ask the City Council to deny the project for the reasons stated and ask that the developer consider a
smaller scale building.
Page 8 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
14. #17-3944 WESTWOOD PROFESSIONAL SERVICES ON BEHALF OF UGORETS
8098 LLC, 2520 SHADYWOOD ROAD, REZONING AND MASTER PLAN APPROVAL -
Continued
Kirk Sherman, 2505 Old Beach Road, stated the Comprehensive Plan gave this piece of property that it
could potentially be RPUD. Sherman stated as you look at the overall plan and the discussion relating to
Navarre, that was a cautious approach. In that context, the authors noted things like traffic conditions and
the Comprehensive Plan specifically says that County Road 15 is far over capacity and it is not practical
or economical to increase it. Therefore, additional housing options will be primarily developed along
Orono's Highway 12 corridor.
Sherman noted there are two key factors embodied in the City's ordinances. Of paramount importance to
the citizens of the City is the preservation of Lake Minnetonka and wetlands. The disasterous effects of
intense residential and commercial development within the City and especially those areas adjacent to
Lake Minnetonka and the wetlands are painfully evident. The guiding principles of maintaining open
spaces, avoiding the ill effects of overcrowding, avoiding premature development, avoiding future
pollution problems which are inherent in any plan, to intensively develop land adjacent to wetlands and
Lake Minnetonka, and the need to change some allowed uses in order to preserve the quality of the
groundwater supplies in the area were recognized in the Comprehensive Plan.
Sherman stated at the time the Comprehensive Plan was done, these parameters were developed and this
site was identified as a possible location for RPUD. Sherman stated at the time the applicant created his
plan, he knew about the 30 -foot height requirement, the 3 -story requirement, the setbacks, the density
limitation, and the 5 -acre requirement. Sherman noted this RPUD requires a number of exceptions,
which is not the vision of the Comprehensive Plan, and to say that this parcel envisioned this type of
project is not accurate.
Sherman stated as it relates to the height, the Freshwater Institute is primarily a one-story building with a
small element that is taller, so this building is not comparable to the Freshwater Institute. Sherman stated
there was also discussion about how many stories will be visible from County Road 19. Sherman noted
the view from County Road 15 will be a 5 -story building.
Barnhart displayed a picture of the Freshwater Institute.
Sherman stated when you take the 58 feet in the back, they can see that it is hugely significant. Sherman
stated it is his belief that this property is higher than his, and for most of the year he can see the top
element of the Freshwater Institute. Sherman stated with this project he will have the potential of 60 feet
of building facing down into his yard blocking his view as well as the people coming around on County
Road 19.
Sherman encouraged the City Council to follow the recommendation of the Planning Commission.
Seals stated Mr. Sherman's house was one of the houses that she thought of when considering this project
and that she has been to his property in the past. Seals stated when someone looks up from that property
to this area, you would see part of the Freshwater Institute and you would probably be seeing a lot of this
proposed building from that lot.
Page 9 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
14. #17-3944 WESTWOOD PROFESSIONAL SERVICES ON BEHALF OF UGORETS
8098 LLC, 2520 SHADYWOOD ROAD, REZONING AND MASTER PLAN APPROVAL -
Continued
Frank Masserano, 2477 Shadywood Road, stated he is located right across from this project. Masserano
thanked Mayor Walsh for his comments regarding the recommendation from Staff.
Masserano stated he is opposed to the project and rezoning for the following reasons: One, the entrance
and exit drive for this proposed building will be directly across from the IMS office building entrance and
driveway. The 80 -plus cars entering and exiting will intensely increase the difficulty of the staff's and
visitors' ability to access his property. Masserano noted at the Planning Commission meeting it was
stated this will not significantly increase traffic on County Road 19, which is simply not the case. Two,
City Staff indicated the proposed use of the property is the highest intense use for density. Masserano
stated this is a conclusion prepared by the powers that be having to meet their own internal requirements
for density and was not created with any kind of input from the community. Masserano stated this
conclusion represents poor judgment and a lack of common sense and would result in a terrible impact on
the immediate community.
Masserano commented he likes Alex Ugorets very much and that he supports the development of private
property but not at the cost of the health and welfare of the community. Masserano stated the other
reasons he is opposed to this project include, one, the proposed condominiums will not sell at $750,000
and will end up the same way as the Mist project did. Masserano stated he is aware of the problems that
result from living in multi -family housing.
Masserano stated another reason he is opposed to the project is traffic, the impact on the wildlife, and the
height of the building. Masserano stated in his view other options exist for the property. Masserano
noted Charles Cudd is building seven homes next to his property, which is fine, and perhaps the plan
could be changed to allow for something that like. In addition, 75 homes are being built on the old golf
course, which will also add to the traffic in the area.
Masserano commented he realizes Alex Ugorets has invested a lot of money and that it would be
appropriate for him to get a yes or a no on the project. Masserano encouraged the City Council to deny
the project.
There were no further public comments.
Crosby stated he appreciates the comments by the applicant and the residents. Crosby stated he believes
the applicant wants to do something good for the community but unfortunately the proposed project is not
it.
Crosby moved, Seals seconded, to direct Staff to draft a denial resolution for Application
No. #17-3944, Westwood Professional Services on behalf of Ugorets 8098, LLC, 2520 Shadywood
Road. VOTE: Ayes 5, Nays 0.
(Recess taken from 8:39 p.m. to 8:42 p.m.)
Page 10 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
15. REVIEW CHANGES TO THE FEE SCHEDULE AS IT PERTAINS TO PLANNING AND
ZONING
Barnhart reviewed his Staff report dated July 10, 2017, regarding proposed changes to the City's fee
schedule as it applies to zoning permits/applications, and building, mechanical and plumbing permits.
Barnhart stated Staff is not opposed to the changes but noted the reductions in fees will impact the City's
budget in 2018.
Walsh stated there were two main issues the Code Review Committee looked at. The first one was what
other nearby communities are doing and the second was why the fee was set at what it is. Walsh stated
one of the goals is to encourage residents to improve their properties and residences and then also having
it be cost effective for the City.
Dankey asked if there is a new zoning permit for docks included in the schedule. Dankey noted the
schedule says proposed fee $50 and then nothing under currently.
Barnhart stated there are no new fees being proposed at this time. Barnhart stated the City requires a dock
permit but that he is not recommending a $50 dock fee. Barnhart stated the City Council typically will
review the fee schedule in November.
Walsh stated in his view a dock fee is not necessary and that he would recommend passing the revised fee
schedule without the dock fee and making it effective August 1St
Barnhart noted the $275 includes the costs identified by Staff and that the proposed fees are in line with
other nearby communities.
Dankey asked how the budget deficit will be offset.
Walsh stated the Council will be starting its budget discussions in the very near future and that the City
had an extra $650,000 in revenue last year. Walsh stated the fees are a very small piece of the City's
revenue and that he does not want to have people paying more than they should.
Barnhart noted the third quarter begins September 1St and that he would recommend having the new fees
take effect that day.
Dankey moved, Seals seconded, to direct Staff to draft a revised fee schedule ordinance with
elimination of the dock fee and with the new fees commencing September 1. VOTE: Ayes 5,
Nays 0.
16. NAVARRE AREA PLAN — APPROVE SCOPE AND AUTHORIZE ADVERTISEMENT
Barnhart reviewed his Staff report dated July 10, 2017. Barnhart stated the goal of the project is to get a
sense from the Navarre residents of what they would envision for the Navarre area.
Walsh stated he knows the City has undertaken similar projects on the Navarre area and that he would
like to know what is different about this project from what has been done in the past.
Barnhart stated the Navarre area is starting to see small incremental building changes as well as some
reinvestment in the Navarre area. Barnhart indicated Staff would like from a community standpoint
Page 11 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
16. NAVARRE AREA PLAN — APPROVE SCOPE AND AUTHORIZE ADVERTISEMENT -
Continued
identification of small items that generate interest on the part of the residents as well as identification of
redevelopment opportunities and private investment opportunities.
Printup asked if he is talking about projects such as intersection landscaping.
Barnhart stated that could be one example. Barnhart stated the plan would help identify possible land use
options for different parcels.
Walsh commented he is not sure the City can create the demand for reinvestment.
Barnhart stated if the vitality of the neighborhood is a goal and there are some possible land uses
identified for different areas, it would give developers a better idea of what is desired in the area, but that
the City needs to first understand what the public would like to see.
Printup asked if the City can take what they have already compiled and provide it to the consultant or
whether that material is outdated.
Barnhart stated that material can be reviewed to see whether it still applies.
Walsh commented he would hate to spend $25,000 and then nothing happens with the plan. Walsh stated
the City is limited in what they can do.
Reeder stated the City Council may want to look at providing some type of incentives to business owners
to reinvest.
Walsh commented that can also be a slippery slope, and if there is enough demand, the owners will invest
in their buildings.
Dankey stated there should be a way to access the trail from the southern side of County Road 15.
Dankey noted if buildings are improved, that usually means a tenant's rent will increase, which can mean
those tenants will go elsewhere.
Crosby stated the City should be encouraging the businesses to reinvest.
Barnhart stated the City has not acted on a number of plans that were done in the past but that the Navarre
area is now starting to see more investment. Barnhart noted the City's current Comprehensive Plan is
eight years old and does not fit with what the residents want and that it would be better to have a plan that
the residents want. Barnhart stated a couple objectives of the plan would be to encourage more
investment and develop an overall vision for the area.
Walsh commented the City Council can provide specific direction to an applicant and they might choose
to bring forth a different plan.
Barnhart stated if there is a plan that the community wants, it puts the City in a stronger position to
provide direction to prospective developers. Barnhart noted Staff frequently hears concern from the
Page 12 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
16. NAVARRE AREA PLAN — APPROVE SCOPE AND AUTHORIZE ADVERTISEMENT -
Continued
residents that bigger homes are being built on smaller lots, which takes away the housing for the working
class in the area. Barnhart stated that should also be looked at with a fair amount of detail.
Printup stated in his view they might be reinventing the wheel but that this particular process might be the
most thorough and best thought out strategy that he has seen.
Dankey asked if they will also be looking at the intersection near Lunds.
Walsh noted Hennepin County has earmarked $1 million for either 2019 or 2020 to study that
intersection.
Crosby stated the City should look at addressing the trail since it will help bring people in to the
downtown businesses.
Dankey stated parking for the trail should also be looked at.
Barnhart noted this will be done as part of the Comprehensive Plan update and that the items mentioned
by the Council can be incorporated into an overall vision for the area.
Reeder stated the City Council may also want some experts to tell them what some viable uses would be
for the area rather than simply asking the residents what they want to see happen.
Crosby stated in his view it should be a combination approach of what is feasible as well as development
that is acceptable to the residents. Crosby stated he is comfortable with the proposal and that in his view
it is reasonable to get a study done and identify some things the City can do.
Seals commented the study would also be a way to get multiple sources of feedback.
Seals moved, Crosby seconded, to approve the project scope for the Navarre area as drafted and to
authorize the advertisement and review of proposals.
Barnhart noted the recommendations would be incorporated into the Comprehensive Plan.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Printup reported some lake cleanup was done around Big Island following the 4' of July holiday and that
he would like to thank the people who helped. Printup noted the amount of garbage collected was less
than in the past but was still a substantial amount.
Seals noted the Big Island Committee has a meeting scheduled for Tuesday, July 11, and that they have
seen a number of offers of help from people.
Page 13 of 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 10, 2017
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT - Continued
Seals reported the committee has arrived at two final candidates for the website redesign and that a
recommendation will be brought to the next City Council work session. Seals stated redesign of the
website will make it more user friendly.
Walsh commented the Lurton dog park is still going strong and that he has heard lots of very positive
comments about the park.
CITY ADMINISTRATOR'S REPORT
17. INTERIM FINANCE DIRECTOR
Reeder recommended Danielle Amira, accountant, be named as the interim finance director. Reeder
stated since the audit was delayed, discussions on the 2018 budget may also be delayed by a couple of
weeks.
Crosby moved, Dankey seconded, to appoint Danielle Amira as interim finance director effective
July 10, 2017, and continuing until the return of the finance director. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Assistant City Attorney Poehler stated she had nothing to report.
ADJOURNMENT
Printup moved, Crosby seconded, to adjourn the Orono City Council meeting at 9:42 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST
Anna Carlson, City Clerk Dennis Walsh, Mayor
Page 14 of 14
AGENDA ITEM
Item No.: 3 Date: July 24, 2017
Item Description: Claims/Bills
Presenter: Danielle Amira Agenda Consent Agenda
Accountant 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
107786 to 107881, totaling $491,847.54.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
#107802 City of Wayzata
$34,892.63
Payment for 2nd Half 2017 Fire Services & 2nd/Quarter
Water/Sewer.
#107839 Met Council
$ 71,990.28
Payment for June & July 2017 Waste Water Services.
Environmental Services.
#107858 Park Construction
$ 92,222.88
Payment Request 1 for Fox Street Improvement
Company
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
Exhibit A. Check Register
Prepared By:
Reviewed By:
Approved By: D5^
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
ADVANCED IMAGING SOLUTIO
07/24/2017
107786
INV139153
602-49450-401
ADVANCED IMAGING SOLUTIO
07/24/2017
107786
INV139153
101-41900-401
ADVANCED IMAGING SOLUTIO
07/24/2017
107786
INV139153
101-42110-401
Total 107786:
GIS Mapping
Engineering
1,752.00
GIS Mapping
ALEXANDER FOSS
07/24/2017
107787
AF071117
101-39640
Total 107787:
Storm Water
584.00
misc engineering
Parks
APPRIZE TECHNOLOGY SOLUT
07/24/2017
107788
13943
101-41900-319
APPRIZE TECHNOLOGY SOLUT
07/24/2017
107788
14091
101-41900-319
APPRIZE TECHNOLOGY SOLUT
07/24/2017
107788
14299
101-41900-319
Total 107788:
ADA transition plan
Engineering
1,410.00
16-3858 Crystal Bay Estates
BOLTON & MENK INC.
07/24/2017
107789
0205152
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205153
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205154
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205155
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205156
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205157
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205158
651-49910-304
BOLTON & MENK INC.
07/24/2017
107789
0205159
101-43170-304
BOLTON & MENK INC.
07/24/2017
107789
0205159
602-49450-304
BOLTON & MENK INC.
07/24/2017
107789
0205159
101-43170-304
BOLTON & MENK INC.
07/24/2017
107789
0205160
651-49910-304
BOLTON & MENK INC.
07/24/2017
107789
0205160
101-45200-319
BOLTON & MENK INC.
07/24/2017
107789
0205160
101-43170-304
BOLTON & MENK INC.
07/24/2017
107789
0205161
651-49910-304
BOLTON & MENK INC.
07/24/2017
107789
0205162
602-16500
BOLTON & MENK INC.
07/24/2017
107789
0205163
435-48966-304
BOLTON & MENK INC.
07/24/2017
107789
0205165
101-43170-304
BOLTON & MENK INC.
07/24/2017
107789
0205166
101-43170-304
BOLTON & MENK INC.
07/24/2017
107789
0205167
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205168
402-48051-304
BOLTON & MENK INC.
07/24/2017
107789
0205169
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205170
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205171
602-16500
BOLTON & MENK INC.
07/24/2017
107789
0205173
101-43280-304
Description Department Invoice
Amount
PRINTERS 7/10/17-8/9/17 Sewer 44.71
PRINTERS 7/10/17-8/9/17 Central Services 89.42
PRINTERS 7/10/17-8/9/17 Police Department 89.42
Case#17-006363 Victim Refund -Property Damage
650.00
198.00
650.00
3/17 -Insurance enrollment online admin fee Central Services
28.00
04/17 -Insurance admin fee Central Services
497.00
5/17 -Insurance Monthly Admin Fee Central Services
496.50
1,021.50
2807 casco pt rd
Special Services
198.00
15-3739 Mooney Lake
Special Services
165.00
15-3716 3850 Watertown Road
Special Services
360.00
17-3931 ivy place
Special Services
60.00
16-3828 Deer Hill Preserve
Special Services
110.00
17-3944 Shadywood Apts
Special Services
78.00
240 crestivew ave
Storm Water
240.00
GIS Mapping
Engineering
1,752.00
GIS Mapping
Sewer
375.00
GIS office hrs
Engineering
768.00
misc engineering
Storm Water
584.00
misc engineering
Parks
180.00
misc engineering
Engineering
180.00
2017 Pond Assessments
Storm Water
240.00
2017 Sewer Improvements
3,315.00
2017 Street Improvements
4,024.00
Willow Trail project
Engineering
2,764.00
ADA transition plan
Engineering
1,410.00
16-3858 Crystal Bay Estates
Special Services
110.00
fox street imp
9,353.50
15-3763 Kintyre Preserve
Special Services
671.00
15-3723 Lakeview
Special Services
110.00
LS#2 improvements
605.00
16-3807 Orono Preserve
Special Services
9,758.50
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
BOLTON & MENK INC.
07/24/2017
107789
0205176
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205177
101-43280-304
BOLTON & MENK INC.
07/24/2017
107789
0205178
402-48056-304
Total 107789:
107793
2717115G-82
101-41600-308
CAMPBELLKNUTSON
BOYER TRUCKS
07/24/2017
107790
1161326
601-49400-402
BOYER TRUCKS
07/24/2017
107790
1161326X1
101-43000-222
BOYER TRUCKS
07/24/2017
107790
1162020
101-43000-402
Total 107790:
BRAUN INTERTEC 07/24/2017 107791 8097535
Total 107791:
BUREAU OF CRIM. APPREHEN 07/24/2017 107792 365121
Total 107792:
435-48967-404
Description
16-3847 Shadywood Villas
16-1980 1700 Shoreline dr/Tanager Estates
Watertown Road Phase II
repiar leak
#427 step
#427 oil line parts
Fox street Imp
101-42110-311 CJDN ACCESS
CAMPBELLKNUTSON
07/24/2017
107793
2717-OOOG-1
101-41600-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-OOOG-1
101-41600-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-004G-1
101-42110-307
CAMPBELLKNUTSON
07/24/2017
107793
2717115G-82
101-41600-308
CAMPBELLKNUTSON
07/24/2017
107793
2717-150G-7
101-41600-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-201G-6
101-41600-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-407-G
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-417-G
101-41600-307
CAMPBELLKNUTSON
07/24/2017
107793
27174-473G-
101-41600-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-495G-2
101-43280-307
CAMPBELL
KNUTSON
07/24/2017
107793
2717-498G-1
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-499G-1
101-43280-307
CAMPBELL
KNUTSON
07/24/2017
107793
2717-500G-1
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-501G-1
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-502G-1
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-503G-1
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-504-G
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-505G-1
101-43280-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-800G-2
101-42400-307
CAMPBELLKNUTSON
07/24/2017
107793
2717-801G-2
101-41600-307
General legal review
Data Practices
Police Matter 6/17
Code Enforcement 6/17
Nygard Matter -06/2017
Misc Recordings 6/17
16-3800 macmillan/brooks 1560/1640 Fox St
Nygard-NUISANCE
JohnOSN/FELDSON MATTER
17-3910 3245 wayzata blvd
17-3934 1955 Shoreline dr
17-3935 2687 wayzata blvd
17-2827 905 ferndale rd w
17-3938 1325 rest point lake
17-3939-2807 casco pt rd
17-3940 4105 hgingwood rd
16-3883 800 north arm dr
480 stubbs Bay Rd N
STAFF MTGS 6/17
Council Mtgs-06/17
Department
Special Services
Special Services
Watertown Road
Water
Public Works Department
Public Works Department
Police Department
Law/Legal Services
Law/Legal Services
Police Department
Law/Legal Services
Law/Legal Services
Law/Legal Services
Special Services
Law/Legal Services
Law/Legal Services
Special Services
Special Services
Special Services
Special Services
Special Services
Special Services
Special Services
Special Services
Special Services
Building & Zoning
Law/Legal Services
Invoice
Amount
16,621.50
2,132.00
1,197.50
345.45
126.29
11.79
483.53
1,922.00
1,922.00
510.00
2,535.27
1,250.00
232.50
170.50
25.50
714.98
75.00
372.00
263.50
150.00
50.00
50.00
50.00
50.00
100.00
175.00
100.00
100.00
1,519.00
1.100.50
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Department Invoice
Amount
Building & Zoning
Golf Course
Police Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
CAMPBELL KNUTSON
07/24/2017
107793
2717-802G-2
101-42400-307
B & Z Assistance -06/2017
Total 107793:
CAPITOL BEVERAGE SALES, L.
07/24/2017
107794
1938542
101-45210-091
beer for resale -Golf Course
Total 107794:
CARDMEMBER SERVICE
07/24/2017
107795
CF06292017
101-42110-437
NIBRS training course -JW
CARDMEMBER SERVICE
07/24/2017
107795
PANERA
101-41300-439
welcome emp-B. Clark
CARDMEMBER SERVICE
07/24/2017
107795
RO06262017
101-41110-439
work session dinner Council -06/26/17
CARDMEMBER SERVICE
07/24/2017
107795
RO07052017
101-42110-201
Replace Icd screen
CARDMEMBER SERVICE
07/24/2017
107795
RO07102017
101-41900-201
light for phone -S. Pettit
Total 107795:
CCP INDUSTRIES INC.
07/24/2017
107796
IN01904039
602-49450-226
GLOVES
Total 107796:
CEMSTONE
07/24/2017
107797
C1769461
234-45680-404
Lurton Park Shade sails footing
Total 107797:
CENTERPOINT ENERGY MAIN
07/24/2017
107798
15865-1 JUN
601-49400-381
JUNE/17-Gas-06/21/17-06/19/17
CENTERPOINT ENERGY MAIN
07/24/2017
107798
15865-1 JUN
602-49450-381
JUNE/17-Gas-06/21/17-06/19/17
CENTERPOINT ENERGY MAIN
07/24/2017
107798
15865-1 JUN
101-41900-381
JUNE/17-Gas-06/21/17-06/19/17
CENTERPOINT ENERGY MAIN
07/24/2017
107798
15865-1 JUN
101-42110-381
JUNE/17-Gas-06/21/17-06/19/17
CENTERPOINT ENERGY MAIN
07/24/2017
107798
15865-1 JUN
101-45210-381
JUNE/17-Gas-06/21/17-06/19/17
CENTERPOINT ENERGY MAIN
07/24/2017
107798
3000766917
602-16500
INSTALL SERVICE LINE
Total 107798:
CHUNKS LAKESHORE AUTO
07/24/2017
107799
0014902
101-42110-402
ac leak service
CHUNKS LAKESHORE AUTO
07/24/2017
107799
0014905
101-42110-402
$248 oil service
CHUNKS LAKESHORE AUTO
07/24/2017
107799
14881
101-42110-402
replace battery
Total 107799:
CITY OF MINNETONKA BEACH
07/24/2017
107800
07032017
602-49450-387
2nd Qtr service
Department Invoice
Amount
Building & Zoning
Golf Course
Police Department
25.00
Administration
30.02
Mayor & Council
72.84
Police Department
73.98
Central Services
30.02
Sewer
57.19
431.75
431.75
Water
499.41
Sewer
250.36
Central Services
124.69
Police Department
53.77
Golf Course
26.78
4,182.01
Police Department 98.31
Police Department 42.74
Police Department 182.71
323.76
Sewer 164.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 7/11/2017 - 7/24/2017
Page: 4
Jul 20, 2017 12:06PM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
Water
293.23
Water
86.50
Sewer
86.50
Total 107800:
City of Orono Utilities
07/24/2017
107801
Q/2-CH&PD
101-41900-382
CH&PD 2ND Qtr UB
City of Orono Utilities
07/24/2017
107801
Q/2 -CH -UB
101-41900-382
City Hall 2ND Qtr UB
City of Orono Utilities
07/24/2017
107801
Q/2 -POST O
101-41900-382
2ND Qtr UB -POST OFFICE
City of Orono Utilities
07/24/2017
107801
Q/2 -PW UB
601-49400-322
2ND Qtr UB -PW
Total 107801:
CITY OF WAYZATA
07/24/2017
107802
2017 FIRE S
101-42260-318
2nd half/2017-fire protection svcs
CITY OF WAYZATA
07/24/2017
107802
Q/2-2017 WT
601-49400-387
2nd Quarter water
CITY OF WAYZATA
07/24/2017
107802
Q/2-2017 WT
602-49450-387
2nd Quarter sewer
Total 107802:
CIVIC SYSTEMS LLC
07/24/2017
107803
CVC15637
101-41900-416
software support0717-7/17
CIVIC SYSTEMS LLC
07/24/2017
107803
CVC15637
601-49400-416
software support0717-7/17
CIVIC SYSTEMS LLC
07/24/2017
107803
CVC15637
602-49450-416
software support0717-7/17
CIVIC SYSTEMS LLC
07/24/2017
107803
CVC15637
603-49500-416
software support0717-7/17
CIVIC SYSTEMS LLC
07/24/2017
107803
CVC15637
651-49910-416
software support0717-7/17
Total 107803:
CLINT SCHUMANN
07/24/2017
107804
02062017
601-49400-437
water/sewer license test fee's
CLINT SCHUMANN
07/24/2017
107804
02062017
602-49450-437
water/sewer license test fee's
Total 107804:
CMI INC
07/24/2017
107805
8002537
101-42110-550
tubing coupler
CMI INC
07/24/2017
107805
8002596
101-42110-550
3 tubing couplers
Total 107805:
COMMERCIAL ASPHALT
07/24/2017
107806
170630
101-43000-224
patching & sewer repair patch
Total 107806:
CONTINENTAL RESEARCH CO
07/24/2017
107807
451380 -CRC
101-43000-240
supplies
Page: 4
Jul 20, 2017 12:06PM
Department
Invoice
Amount
Water
164.00
Central Services
279.41
Central Services
929.90
Central Services
165.10
Water
293.23
Fire Protection Services 16,093.50
Water 6,481.53
Sewer 12.317.60
Central Services
1,087.75
Water
870.20
Sewer
1,087.75
870.20
Storm Water
435.10
4,351.00
Water
86.50
Sewer
86.50
Police Department 55.44
Police Department 146.91
Public Works Department 248.52
248.52
Public Works Department 239.00
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 7/11/2017 - 7/24/2017
Page: 5
Jul 20, 2017 12:06PM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
539.00
2,939.50
2,500.00
2,500.00
Total 107807:
11.00
11.00
Public Works Department
1,117.46
CULLIGAN
07/24/2017
107808
107279
101-45210-415
softener rental for june
Total 107808:
196.95
Central Services
149.00
Central Services
339.72
DELTA DENTAL
07/24/2017
107809
6973886
101-21709
003722072 Aug Dental
DELTA DENTAL
07/24/2017
107809
6973886
101-15998
003722072 Aug Dental
Total 107809:
DENALI CUSTOM HOMES
07/24/2017
107810
2015-00014
101-22205
Escrow Refund# 2015-00014 517 Ferndale Rd Nort
Total 107810:
DEPUTY REGISTRAR
07/24/2017
107811
07062017
101-42110-441
841 escape tabs
Total 107811:
DIAMOND MOWERS INC.
07/24/2017
107812
0127461 -IN
101-43000-403
flail mower, #450 parts
DIAMOND MOWERS INC.
07/24/2017
107812
0127461 -IN
651-49910-402
flail mower, #450 parts
Total 107812:
DUSTIN RIEF
07/24/2017
107813
201
101-41300-331
REIMBURSE LODGING
Total 107813:
ECM PUBLISHERS INC
07/24/2017
107814
503594
101-41900-352
ORD 198
ECM PUBLISHERS INC
07/24/2017
107814
506704
101-41900-352
ORD 199
ECM PUBLISHERS INC
07/24/2017
107814
506705
101-42400-340
LAND US APP
ECM PUBLISHERS INC
07/24/2017
107814
507993
101-41900-352
HRA PUBLISH
Total 107814:
EHLERS AND ASSOCIATES INC
07/24/2017
107815
74042
235-45690-319
TIF- SHELLY ELDRIDGE
Total 107815:
Page: 5
Jul 20, 2017 12:06PM
Department
Invoice
Amount
239.00
Golf Course
21.24
21.24
2,400.50
539.00
2,939.50
2,500.00
2,500.00
Police Department
11.00
11.00
Public Works Department
1,117.46
Storm Water
1,117.46
2,234.92
Administration
196.95
196.95
Central Services
149.00
Central Services
339.72
Building & Zoning
107.28
Central Services
71.52
1,057.50
1,057.50
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
ESS BROTHERS & SONS
07/24/2017
107816
XX4139
602-49450-406
mH-1163&1141 ELMWOOD
Sewer
140.00
Total 107816:
140.00
FERGUSON ENTERPRISES INC
07/24/2017
107817
0241019-1
601-49400-227
meter parts
Water
113.69
FERGUSON ENTERPRISES INC
07/24/2017
107817
0241051
602-49450-240
man hole hook
Sewer
168.00
Total 107817:
281.69
G & K SERVICES
07/24/2017
107818
600573406
101-41900-401
CH Mats
Central Services
10.80
G & K SERVICES
07/24/2017
107818
6006559951
101-45210-221
mats
Golf Course
2.63
G & K SERVICES
07/24/2017
107818
6006559951
101-43000-226
unifomrs
Public Works Department
53.95
G & K SERVICES
07/24/2017
107818
6006571047
101-43000-226
uniform
Public Works Department
59.27
G & K SERVICES
07/24/2017
107818
6006571047
101-43000-221
towel & mats
Public Works Department
2.63
G & K SERVICES
07/24/2017
107818
6006573407
101-41900-401
CH Mats
Central Services
21.92
Total 107818:
151.20
GOPHER STATE ONE CALL
07/24/2017
107819
7060627
601-49400-489
locates
Water
314.55
GOPHER STATE ONE CALL
07/24/2017
107819
7060627
602-49450-489
locates
Sewer
314.55
Total 107819:
629.10
Gordon James Construction
07/24/2017
107820
07182017
101-22205
Escrow refund#17-3930
1,400.00
Total 107820:
1,400.00
GREAT LAKES COCA-COLA
07/24/2017
107821
3602204215
101-45210-092
beverages for concessions resale -GC
Golf Course
199.93
Total 107821:
199.93
HEALTH PARTNERS
07/24/2017
107822
7422332
101-21706
healthpartners aug 2017
39,587.00
HEALTH PARTNERS
07/24/2017
107822
74223342
101-21706
June/2017-insurance
39,587.00
HEALTH PARTNERS
07/24/2017
107822
74223342
101-15998
June/2017-insurance/cobra
5,826.50
HEALTH PARTNERS
07/24/2017
107822
74223342
101-42110-135
June/2017-insurance/disb
Police Department
591.50
Total 107822: 85,592.00
Henn County Tax Forfeited Real E 07/24/2017 107823 06302017 651-49910-510 land purchase- Mtka Bluffs Storm Water 310.80
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 7/11/2017 - 7/24/2017
Check
Check
Invoice
Invoice GL Account Description
Department
Payee
Issue Date
Number
Number
Total 107823:
HENNEPIN COUNTY INFOR TE
07/24/2017
107824
1000095704
101-41900-319
netwrok Support -06/2017
Central Services
HENNEPIN COUNTY INFOR TE
07/24/2017
107824
1000095952
101-43000-415
June/2017-radio admin fee
Public Works Department
Total 107824:
HENNEPIN COUNTY SHERIFF
07/24/2017
107825
1000095795
101-41600-309
Jun/2017-Jail charges
Law/Legal Services
Total 107825:
HENNEPIN COUNTY TREASUR
07/24/2017
107826
060517/STU
101-43290-510
access stubbs bay -property tax
Special Projects -Contingencies
HENNEPIN COUNTY TREASUR
07/24/2017
107826
06052017
101-43290-510
property tax -1st half
Special Projects -Contingencies
Total 107826:
INFORMATION POLICYANALYS
07/24/2017
107827
419684
101-41300-437
data practice/AC
Administration
Total 107827:
JACKIE YOUNG
07/24/2017
107828
07052017
101-41300-319
CC mtgs-6/26&6/12
Administration
JACKIE YOUNG
07/24/2017
107828
07052017
101-42400-319
PC meeting -06/19
Building & Zoning
Total 107828:
JJ TAYLOR DIST LF MN JJ TAYL
07/24/2017
107829
2680353
101-45210-091
beer for resale -GC
Golf Course
Total 107829:
JS STEWART COMPANIES INC
07/24/2017
107830
4508
602-49450-406
1535 Bohns Pt Rd/tree removed/swr repairs
Sewer
Total 107830:
LAKESCAPE LLC
07/24/2017
107831
306
101-45200-404
Beach weed removal
Parks
Total 107831:
LOGIS
07/24/2017
107832
43777
101-42110-310
7/17 police records
Police Department
LOGIS
07/24/2017
107832
43777
101-41900-329
7.17 internet
Central Services
Page: 7
Jul 20, 2017 12:06PM
Invoice
310.80
51.00
95.30
639.13
95.00
595.00
141.25
141.25
1,750.00
6,499.00
198.00
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
LOGIS
07/24/2017
107832
43777
101-42110-329
7.17 internet
Police Department
198.00
LOGIS
07/24/2017
107832
43777
101-41900-319
7.17 backups
Central Services
925.00
Total 107832:
7,820.00
LONG LAKE TRUE VALUE
07/24/2017
107833
A38346
602-49450-226
gloves
Sewer
16.99
LONG LAKE TRUE VALUE
07/24/2017
107833
6407295
602-49450-402
bolt
Sewer
5.00
Total 107833:
21.99
MACQUEEN EQUIPMENT
07/24/2017
107834
P07260
602-49450-403
repair parts
Sewer
217.55
MACQUEEN EQUIPMENT
07/24/2017
107834
P07358
602-49450-403
repair parts
Sewer
453.76
MACQUEEN EQUIPMENT
07/24/2017
107834
P58754
101-43000-403
replacement chain
Public Works Department
41.90
MACQUEEN EQUIPMENT
07/24/2017
107834
W01213
651-49910-402
460 repairs
Storm Water
439.42
MACQUEEN EQUIPMENT
07/24/2017
107834
W01214
602-49450-402
#713 repairs
Sewer
368.55
Total 107834:
1,521.18
MANSFIELD OIL COMPANY
07/24/2017
107835
20310203
101-43000-212
Diesel Fuel
Public Works Department
512.43
MANSFIELD OIL COMPANY
07/24/2017
107835
20333261
101-42110-212
Fuel
Police Department
723.08
MANSFIELD OIL COMPANY
07/24/2017
107835
20333262
101-43000-212
Diesel Fuel
Public Works Department
255.07
MANSFIELD OIL COMPANY
07/24/2017
107835
20333274
101-42110-212
Fuel
Police Department
1,746.84
MANSFIELD OIL COMPANY
07/24/2017
107835
20347694
101-42110-212
Fuel
Police Department
2,747.67
MANSFIELD OIL COMPANY
07/24/2017
107835
20347695
101-43000-212
Diesel Fuel
Public Works Department
556.59
Total 107835:
6,541.68
MAPLE PLACE LLC
07/24/2017
107836
07172017
101-22205
escrow refund 12-3546
700.00
MAPLE PLACE LLC
07/24/2017
107836
07172017
101-22205
escrow refund#1 1 -3526
2,500.00
Total 107836: 3,200.00
Maria Veach 07/24/2017 107837 07112017 101-22205 #2016-01302 escrow refund 700.00
Total 107837: 700.00
MEDIACOM 07/24/2017 107838 06262017 101-45210-321 GC cable -06/2017 Golf Course 14.68
Total 107838: 14.68
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
MET COUNCIL ENVIRONMENTA
07/24/2017
107839
0001068129
602-49450-383
June/2017-WasteWater Svcs
Sewer
35,995.14
MET COUNCIL ENVIRONMENTA
07/24/2017
107839
0001069261
602-49450-383
July/2017-WasteWater Svcs
Sewer
35,995.14
Total 107839:
71,990.28
MICHAEL DEMENGE
07/24/2017
107840
17-3901
101-22205
Escrow Refund -#17-3901-4380 Sixth Ave N
700.00
Total 107840:
700.00
MINNEAPOLIS OXYGEN COMPA
07/24/2017
107841
11421
101-42110-221
Medical Oxygen
Police Department
5.10
MINNEAPOLIS OXYGEN COMPA
07/24/2017
107841
20030028
101-42110-221
oxygen
Police Department
91.53
Total 107841:
96.63
MINT ROOFING
07/24/2017
107842
525286
101-41900-404
Post Office roof repair
Central Services
462.63
Total 107842:
462.63
MN DARE OFFICERS ASSOCIAT
07/24/2017
107843
32
101-42110-437
DARE conference-Sonnek
Police Department
200.00
Total 107843:
200.00
MN DEPT OF ECONOMIC SECU
07/24/2017
107844
11387187
101-41300-142
UI -BENEFITS -JL
Administration
6,792.00
Total 107844:
6,792.00
MN DEPT OF HEALTH
07/24/2017
107845
2ND QTR C
601-20802
2nd Qtr Water test fee
1,646.00
Total 107845:
1,646.00
MN DEPT OF REVENUE -OTHER
07/24/2017
107846
06302017
651-49910-510
LAND PURCHASE/MTKA BLUFFS
Storm Water
1,000.00
Total 107846:
1,000.00
MN DEPT OF REVENUE -WIRE
07/24/2017
107847
JUNE 2017
601-20806
June/17-Water Taxable Sales
927.00
MN DEPT OF REVENUE -WIRE
07/24/2017
107847
JUNE 2017
101-37910
June/17-GC Green Fees Sales Tax
1,258.00
MN DEPT OF REVENUE -WIRE
07/24/2017
107847
JUNE 2017
101-37920
June/17-GC Rentals Sales Tax
618.00
MN DEPT OF REVENUE -WIRE
07/24/2017
107847
JUNE 2017
101-37930
June/17-GC Beer Sales Tax
202.00
MN DEPT OF REVENUE -WIRE
07/24/2017
107847
JUNE 2017
101-37940
June/17-GC Concessions Sales Tax
86.00
MN DEPT OF REVENUE -WIRE
07/24/2017
107847
JUNE 2017
101-37970
June/17-GC-Pro Shop Sales Tax
36.00
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 7/11/2017 - 7/24/2017
Page: 10
Jul 20, 2017 12:06PM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
38.96
Golf Course
48.74
48.74
Central Services
1,008.00
Total 107847:
1,008.00
Central Services
29.95
Public Works Department
29.95
MN DRIVER & VEHICLE SERVIC
07/24/2017
107848
2011FORD
101-42110-441
tabs Ford Escape
Total 107848:
29.99
Golf Course
11.46
447.85
MOUND TRUE VALUE
07/24/2017
107849
145050
101-42110-240
cleaning & waterless wipe
Total 107849:
71.50
Police Department
202.71
MTI DIST CO
07/24/2017
107850
1125832.00
101-45210-221
switch
Total 107850:
MUNICIPAL CODE CORPORATI
07/24/2017
107851
291740
101-41900-352
code updates
Total 107851:
NAVARRE HARDWARE
07/24/2017
107852
303345
101-41900-223
softner salt
NAVARRE HARDWARE
07/24/2017
107852
303345
101-43000-221
softner salt
NAVARRE HARDWARE
07/24/2017
107852
303460
101-41900-223
Salt for shop
NAVARRE HARDWARE
07/24/2017
107852
303460
101-43000-224
Salt for shop
NAVARRE HARDWARE
07/24/2017
107852
303574
101-43000-404
Supplies
NAVARRE HARDWARE
07/24/2017
107852
303578
101-43000-224
trash bags
NAVARRE HARDWARE
07/24/2017
107852
303639
101-45210-201
cleaner items
Total 107852:
Navarre Minnoco
07/24/2017
107853
5725
101-45210-223
tire repair
Total 107853:
0SULLIVANS HOLIDAY 546
07/24/2017
107854
06302017
101-42110-402
car wash
Total 107854:
0 SULLIVANS HOLIDAY 547
07/24/2017
107855
06302017
101-42110-402
car washes
Page: 10
Jul 20, 2017 12:06PM
Department
Invoice
Amount
3,127.00
Police Department
129.00
129.00
Police Department
38.96
38.96
Golf Course
48.74
48.74
Central Services
1,008.00
1,008.00
Central Services
29.95
Public Works Department
29.95
Central Services
169.82
Public Works Department
169.81
Public Works Department
6.87
Public Works Department
29.99
Golf Course
11.46
447.85
Golf Course
18.00
18.00
Police Department
71.50
71.50
Police Department
202.71
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 7/11/2017 - 7/24/2017
Page: 11
Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 107855:
202.71
OFFICE DEPOT
07/24/2017
107856
9371265730
101-41900-201
post it pads
Central Services
17.32
OFFICE DEPOT
07/24/2017
107856
9371266500
101-41900-201
Office Supplies-
Central Services
131.58
OFFICE DEPOT
07/24/2017
107856
9398267510
101-41900-201
kitcen supplies
Central Services
116.81
OFFICE DEPOT
07/24/2017
107856
9398267710
101-41900-201
scann stamps
Central Services
49.16
OFFICE DEPOT
07/24/2017
107856
9422519830
101-41900-201
Office Supplies -Post its, soap, copy stamp, Tissue
Central Services
171.33
OFFICE DEPOT
07/24/2017
107856
9422733800
101-41900-201
Office Supplies -digital recorder
Central Services
110.64
Total 107856:
596.84
OTTEN BROTHERS
07/24/2017
107857
1-1474632
101-41900-223
flowers for CH
Central Services
184.71
OTTEN BROTHERS
07/24/2017
107857
1-1499880
101-45210-223
basket & plant food
Golf Course
25.98
Total 107857:
210.69
PARK CONSTRUCTION COMPA
07/24/2017
107858
PR1-FOX
402-48057-590
fox street imp
Fox Street
53,046.88
PARK CONSTRUCTION COMPA
07/24/2017
107858
PR1-FOX
402-20600
fox street imp
4,853.84 -
PARK CONSTRUCTION COMPA
07/24/2017
107858
PR1-FOX
435-48967-590
PR 1- fox street
44,029.84
Total 107858:
92,222.88
PRAIRIE RESTORATIONS INC
07/24/2017
107859
7142
234-45680-404
Lurton Park Vegetation Mgmt
735.00
Total 107859:
735.00
PREMIER LIGHTING, INC.
07/24/2017
107860
39958
101-41900-404
Post Office office lighting
Central Services
1,757.60
Total 107860:
1,757.60
QUALITY FLOW SYSTEMS INC
07/24/2017
107861
33708
602-49450-406
Repairs LS#28&31
Sewer
2,800.00
Total 107861:
2,800.00
REED WHOLESALE/OFFICE CO
07/24/2017
107862
9390
101-45210-094
concession supplies
Golf Course
86.75
REED WHOLESALE/OFFICE CO
07/24/2017
107862
9394
101-45210-094
concession supplies
Golf Course
99.60
Total 107862:
186.35
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Robert Gumnit
07/24/2017
107863
07172017
101-22205
Total 107863:
74.01
MOWING& SPRING CLEANUP -4/16-6/24
Public Works Department
2,122.33
RUFFRIDGE JOHNSON INC
07/24/2017
107864
IA06461
101-43000-402
Total 107864:
Shirts, Pants -JD
Police Department
326.98
Shirt - J Barnes
SCHWAAB INC
07/24/2017
107865
2171875
101-41900-201
Total 107865:
Police Department
449.97
teardown
Police Department
SHAUGHNESSY LAMN CARE
07/24/2017
107866
07052017
101-43000-319
SHAUGHNESSY LAMN CARE
07/24/2017
107866
07052017
601-49400-319
SHAUGHNESSY LAMN CARE
07/24/2017
107866
07052017
101-45200-319
Total 107866:
Steven Anderson
07/24/2017
107867
2015-00014
101-22205
Total 107867:
STREICHERS POLICE EQUIP
07/24/2017
107868
CM276718
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
CM276754
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11264955
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11266387
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11266774
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11266775
101-42110-550
STREICHERS POLICE EQUIP
07/24/2017
107868
11267261
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11268329
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11268366
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11268479
101-42110-228
STREICHERS POLICE EQUIP
07/24/2017
107868
11268798
101-42110-550
STREICHERS POLICE EQUIP
07/24/2017
107868
11268821
101-42110-550
STREICHERS POLICE EQUIP
07/24/2017
107868
11270096
101-42110-226
STREICHERS POLICE EQUIP
07/24/2017
107868
11270137
101-42110-226
Total 107868:
SUN LIFE FINANCIAL 07/24/2017 107869 237745 -JULY 101-21713
Description Department Invoice
Amount
refund escrow #16-3859 700.00
tuu.uu
hoist switch
Public Works Department
87.84
Banger,bail out bag
Police Department
87.84
2 stamps
Central Services
74.01
Banger,bail out bag
Police Department
74.01
MOWING& SPRING CLEANUP -4/16-6/24
Public Works Department
2,122.33
MOWING& SPRING CLEANUP -4/16-6/24
Water
2,122.33
MOWING& SPRING CLEANUP -4/16-6/24
Parks
2,122.34
Escrow Refund -#2015-00014-517 Ferndale Rd N 7,500.00
7,500.00
Return shirt
Police Department
45.00-
Banger,bail out bag
Police Department
147.97 -
Pants, badge
Police Department
72.00
Banger,bail out bag
Police Department
191.96
Banger,bail out bag
Police Department
149.95
squad #248
Police Department
6,103.74
Pants
Police Department
72.00
Shirts, Pants -JD
Police Department
326.98
Shirt - J Barnes
Police Department
50.99
tactical
Police Department
1,249.99
light install
Police Department
449.97
teardown
Police Department
560.00
Shirt pants, tag cloth
Police Department
218.98
Shirt alteration
Police Department
147.98
9,401.57
LTD- July 2017 1,494.29
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 7/11/2017 - 7/24/2017
Page: 13
Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
SUN LIFE FINANCIAL
07/24/2017
107869
237745 -JULY
101-21714
STD-July/2017
499.70
SUN LIFE FINANCIAL
07/24/2017
107869
237745 -JULY
101-21714
STD-July/2017
499.70
SUN LIFE FINANCIAL
07/24/2017
107869
237745 -JULY
101-21710
Life Ins-July/2017
1,048.80
SUN LIFE FINANCIAL
07/24/2017
107869
237745 -JULY
101-15998
Life Ins-July/2017
190.00
Total 107869:
3,732.49
SUNRAM CONSTRUCTION INC.
07/24/2017
107870
PR7&FINAL
651-20600
PR7&final- carmen bay shoreline
2,195.15
Total 107870:
2,195.15
T W TUPY INC
07/24/2017
107871
071517
101-43000-224
limestone/river rock
Public Works Department
643.07
T W TUPY INC
07/24/2017
107871
071517
601-49400-227
limestone/river rock
Water
643.08
T W TUPY INC
07/24/2017
107871
071517
602-49450-227
limestone/river rock
Sewer
643.08
Total 107871:
1,929.23
TEAM LABORATORY CHEMICAL
07/24/2017
107872
INV0006807
602-49450-227
spray for shorelines
Sewer
551.50
TEAM LABORATORY CHEMICAL
07/24/2017
107872
INV0006807
101-45200-223
spray for shorelines
Parks
551.50
Total 107872:
1,103.00
TESSMAN COMPANY
07/24/2017
107873
S256783 -IN
101-45210-223
fungicide
Golf Course
529.83
Total 107873:
529.83
THE HOME DEPOT
07/24/2017
107874
2808000014
101-45200-221
dog park supplies
Parks
10.93
THE HOME DEPOT
07/24/2017
107874
2808000587
601-49400-240
shop suppplies
Water
43.79
THE HOME DEPOT
07/24/2017
107874
2808000587
602-49450-240
shop suppplies
Sewer
43.80
Total 107874:
98.52
TRI K SERVICES
07/24/2017
107875
07102017
601-49400-223
Black Dirt
Water
66.00
Total 107875:
66.00
VESSCO INC
07/24/2017
107876
69768
601-49400-405
Well#4 parts
Water
179.97
Total 107876:
179.97
City of Orono Check Register - COUNCIL REPORT Page: 14
Check Issue Dates: 7/11/2017 - 7/24/2017 Jul 20, 2017 12:06PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
WACONIA FORD
07/24/2017
107877
88230FOR
601-49400-402
#710 stablizer shock
Water
41.41
WACONIA FORD
07/24/2017
107877
FOCS113158
101-43000-402
repair motor
Public Works Department
1,254.98
Total 107877:
1,296.39
WASTE MANAGEMENT RECYC
07/24/2017
107878
0029178-280
603-49500-316
July 17 recycling
8,972.62
Total 107878:
8,972.62
WIN -911 Software
07/24/2017
107879
139XT777-20
601-49400-403
annual maint
Water
247.50
WIN -911 Software
07/24/2017
107879
139XT777-20
602-49450-403
annual maint
Sewer
247.50
Total 107879:
495.00
WRIGHT HENNEPIN ELECTRIC
07/24/2017
107880
3502571867
602-49450-381
Electrical Service 6/1-7/1/17
Sewer
28.69
WRIGHT HENNEPIN ELECTRIC
07/24/2017
107880
3502571867
101-43000-386
Electrical Service 6/1-7/1/17
Public Works Department
116.10
Total 107880:
144.79
XCEL ENERGY
07/24/2017
107881
552750998
101-41900-381
Electric 5/21-6/20/17
Central Services
1,679.69
XCEL ENERGY
07/24/2017
107881
552750998
101-42110-381
Electric 5/21-6/20/17
Police Department
1,179.13
XCEL ENERGY
07/24/2017
107881
552750998
101-42110-381
Electric 5/21-6/20/17
Police Department
39.94
XCEL ENERGY
07/24/2017
107881
552750998
101-43000-381
Electric 5/21-6/20/17
Public Works Department
184.85
XCEL ENERGY
07/24/2017
107881
552750998
101-43000-386
Electric 5/21-6/20/17
Public Works Department
3,767.63
XCEL ENERGY
07/24/2017
107881
552750998
101-45200-381
Electric 5/21-6/20/17
Parks
35.40
XCEL ENERGY
07/24/2017
107881
552750998
601-49400-381
Electric 5/21-6/20/17
Water
6,579.22
XCEL ENERGY
07/24/2017
107881
552750998
602-49450-381
Electric 5/21-6/20/17
Sewer
2,887.74
XCEL ENERGY
07/24/2017
107881
552750998
101-45210-381
Electric 5/21-6/20/17
Golf Course
1,242.75
Total 107881: 17,596.35
Grand Totals: 491,847.54
AGENDA ITEM
Item No.:
Date: July 24, 2017
Item Description: Appointment of 2017 Seasonal Employees
Presenter: Adam T. Edwards Agenda Consent Agenda
Public Work Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain Council approval of seasonal employees.
2. Background. The hourly pay is proposed to be $10.00-12.00 for the Golf Course Clubhouse
Attendants; Golf Course Maintenance Assistants and Parks Maintenance Workers; a pay range of
$10.25-15.22 for the Utilities Maintenance Worker; and a pay range of $15.00-$20.00 for the
Assistant Superintendent and Clubhouse Manager. The clubhouse manager will be enrolled in
the coordinated PERA plan. All other seasonal employees will fall under the 6 month PERA
Classification and are there for excluded from PERA membership.
3. Seasonal Employee Appointments and Candidates.
4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3.
COUNCIL ACTION REQUESTED
Motion to approve hiring the seasonal employee as in the list above.
Prepared By: / E
Reviewed By:
Approved By: 115
Name
Position
Wage
Remarks
($/h)
Robert Howells
G.C. Clubhouse Manager
$18.00
Returnee
Jason Goehring
G.C. Assistant Superintendent
$16.00
Returnee
N
Ivan Corazalla
G.C. Clubhouse Assistant
$12.00
Returnee
Paul Tolzmann
G.C. Clubhouse Assistant
$11.00
Returnee
Diane Otrey
G.C. Clubhouse Assistant
$10.00
New
Rebecca Anderson
Utilities Maintenance Worker
$11.00
Returnee
Ed Kvam
G.C. Maintenance Assistant
$10.00
Returnee
UW
Calvin Schmidt
G.C. Maintenance Assistant
$10.00
Returnee
0 0
Marshall Hambro
G.C. Clubhouse Assistant
$11.00
Returnee
Wendy Middendorf
G.C. Clubhouse Assistant
$10.00
New
Ron Vanacora
G.C. Clubhouse Assistant
$10.00
New
b b
Sam Baurle
G.C. Maintenance Assistant
$10.00
New
7 N
O N
Patrick Codute
G.C. Clubhouse Assistant
$10.00
New
Approved
Rodney Gerhardson
G.C. Maintenance Assistant
$10.00
New
June 26th
Pending
Nick Brann
G.C. Clubhouse Assistant/
$10.00
New
approval
Maintenance Assistant
4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3.
COUNCIL ACTION REQUESTED
Motion to approve hiring the seasonal employee as in the list above.
Prepared By: / E
Reviewed By:
Approved By: 115
AGENDA ITEM
Item No.: 5 Date: July 24, 2017
Item Description: 2018 Street Maintenance Engineering Proposal
Presenter: Adam T. Edwards Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain council approval to commence the planning and
engineering of the 2018 Street Maintenance projects.
2. Background. At the March 22nd Council Work Session the Council provided guidance on a way
forward for road maintenance funding and projects for the 2017 and 2018 construction seasons. At the
April 24' council meeting, council provided direction to staff on roads to include in 2018 Street
Maintenance Project. On June 23rd the Mayor requested the city Engineer look at realigning the northern
endo of Linden Lane to remove long standing encroachments and improving drainage. Since then Staff
and Bolton and Menk Engineers have conducted site visits for scoping of all of the proposed roads.
3. Scope. Engineering will consist of topographic surveying, design, permitting, and solicitation of bids
for Forest Arms Lane, Wildhurst Trail Network, Vine Place, Lyric Avenue (Livingston to Blaine),
Minnetonka Avenue, West Lafayette, Linden Lane and Leaf Street.
4. Cost. Bolton and Menk has provided a scope of services for a fee estimate not to exceed $134,000
(Exhibit A).
5. Funding. The engineering as well and the eventual projects will be funded with a combination of
Municipal State Aid (Leaf Street), the Pavement Management Fund funds.
Fund
Total
Est. End of Year
Fund Balance
Pavement Fund
$114,000
$273,000
MSA Fund
$ 20,000
$267,000
Total
$134.000
6. Staff Recommendation. I recommend the City Council approve Bolton and Menk to commence
design and engineering services for a fee not to exceed $ 134,000.
COUNCIL ACTION REQUESTED:
Move to approve Bolton and Menk to commence design and engineering services for a fee not to exceed
$ 134,000.
Exhibits
Exhibit A. Bolton and Menk Construction Proposal
Prepared By: /
Reviewed By:
Approved By: W
C�BOLTON
& MENK
Real People. Real Solutions.
July 18, 2017
City of Orono
Attn: Adam Edwards
PO Box 66
Orono, MN 55323
RE: 2018 Street Improvements — Design and Bidding Services
Dear Adam:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: (952) 448-8805
Bolton-Menk.com
As requested, we have prepared a scope of services and design fee estimate for the proposed 2018 Street
Improvements Project. It is our understanding that the scope of the project will include the following:
• Vine Place — Mill and overlay with minor drainage improvements
• Lyric Avenue — Mill and overlay with curb and gutter repair
• Forest Lake Landing — Mill and overlay
• Wildhurt Trail — Reconstruction with curb and gutter and drainage improvements (requires full
survey)
• Forest Arm Lane — Reconstruction with curb and gutter and drainage improvements (requires full
survey)
• West Lafayette — Reconstruction, watermain replacement, and drainage improvements (requires
full survey)
• Minnetonka Highlands — Reclamation and drainage improvements (requires full survey)
• Linden Lane — Remove encroachment on private property and widen road to maintain consistent
width (requires full survey)
• Leaf Street (State Aid) — Mill and overlay with patching, guardrail, and drainage improvements
(requires partial survey)
Proposed Scope of Engineering Services
To assist the City with this improvement project, Bolton & Menk proposes the following scope of
services:
Tovo�ra�hic Survey and Soil Borings — We will document existing conditions within the right of way
where necessary. Photographs of existing conditions will also be taken. Bolton & Menk will coordinate
with a sub -consultant to collect and analyze soil borings along the alignment of the roads. Existing soil
characteristics will be used to assist with the design of the pavement structure.
StaffDesign Meetings — Our team will work with City staff to develop the scope of the project and to get
input on design details. The goal of these meetings is to ensure that the project is designed consistent
with City standards and that the City's maintenance practices and operations are considered throughout
the design process.
H:\ORNO\2017 New Projects\Fee Estimate - 2018 Street Improvements.docx
Botton & Menk is an equal opportunity employer.
2018 Street Improvements
July 18, 2017
Page 2
Detailed Design and Bidding — Once the final scope of the project is determined, Bolton & Menk will
prepare detailed plans and specifications for the project. This work will include coordination with private
property owners as needed. Upon authorization, the project will be advertised for competitive bids.
Bolton & Menk will administer the bidding process and will ultimately make recommendations to the
City Council about awarding the project.
Fee Estimate
Based on the scope of services described above, we propose a not -to -exceed fee of $134,000 to be billed
on an hourly basis. This fee includes $20,000 for Leaf Street, which is eligible for State Aid funding. A
separate proposal for soil borings will be provided to the City for approval. Once the Construction
Contract is awarded, Bolton & Menk will prepare a separate scope and fee estimate for construction phase
services.
Please let me know if you have questions or need additional information.
Sincerely,
Bolton & Menk, Inc.
David P. Martini, P.E.
Principal Engineer
H:\ORNO\2017 New Projects\Fee Estimate - 2018 Street Improvements.docx
Botton & Menk is an equal opportunity employer.
AGENDA ITEM
Item No.:
Date: July 24, 2017
Item Description: Well #2 Maintenance and Reconditioning
Presenter: Adam T. Edwards Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain council approval to proceed with the maintenance
and reconditioning of Well #2.
2. Background. Well rehabilitation should take place every 7-10 years to ensure issues are detected
early and before they become major problems. Well #2 last went through a deliberate inspection and
maintenance process in 1999.
3. Scope. Work includes removing, inspecting and repairing the pump and electric motor; replacing
bearings and other items that are no longer serviceable; and reinstalling the well and completing testing.
4. Cost. The city received two quotes. The low quote for inspection and service is $8,810 Plus parts
from E.H. Renner and Sons. For quote comparison, staff compared the inspection costs. Parts requiring
replacement will be additional and approved by staff prior to purchase.
Company Quote
E.H. Renner and Sons $ 8,810 +Parts
Ber erson-Caswell, Inc. $ 10,145 +Parts
5. Funding. The work will be funded by the Water Fund. The total project is projected to be no more
than $20,000.
Fund
Cost
Amount Allocated
in the CIP
Est. Fund Balance
at end of 2016
Water Fund
$8,810+ Parts
$20,000
$960,849
Total
$8,810+ Parts
6. Staff Recommendation. I recommend the City Council accept the quotation in the amount of $8810
from E.H. Renner and Sons for reconditioning of Well #2.
COUNCIL ACTION REQUESTED:
Motion to accept the quotation in the amount of $8810 from E.H. Renner and Sons for reconditioning of
Well #2
Prepared By: Reviewed By: 7E
Approved By: W
AGENDA ITEM
Item No.: 7 Date: July 24, 2017
Item Description: Contract for Law Enforcement Services
Presenter: Correy Farniok Agenda Section: Consent
Police Chief Agenda
1. Purpose. The purpose of this action item is to renew Law Enforcement Services (Police) Contracts
with the City of Minnetonka Beach and the City of Spring Park.
2. Background. In November 2015, discussions were started between Spring Park, Minnetonka Beach and
Orono reference to possible changes in the police contract. The main discussion point was the current formula
that is being used to determine the cost allocation to each city. Options were discussed in eliminating the cost
allocation formula and have a similar contract as Mound that starts with a base price for services with annual
increases. Mayors and City administrators from each city participated in each of these discussions.
Agenda items for the second meeting (January 19, 2016) included Cost History, Formula Options, Mound
Model(contract), Impact of a 5% Cap and discussions on these items and if there were any other options to explore.
The third and final meeting of this group was on June 28, 2016. Agenda items included recap of the two prior
meetings and proposed changes to the current agreement.
In February 2017 I was contacted and asked to start the discussion once again. The first meeting with Minnetonka
Beach representative's and Doug Reeder was on February 27, 2017 and discussion once again centered around
the allocation formula and the fact that Minnetonka Beach feels that they have been paying too much for police
services because of the formula, specifically the property value portion. After a lengthy discussion it was agreed
both would look at possible solutions and a base price for a new contract.
On March 13, 2017 we met again and information was provided that broke down the police budget and allocation
for a starting base price for police services, Doug Reeder presented them with an offer that started with a base
price with terms outlined for the next 5 years. At the Minnetonka Beach Council meeting on March 13, 2017, the
offer was discussed and they will be moving forward with a contract with Orono Police Department for police
services.
On June 13, 2017, Minnetonka Beach approved a 5 year contract effective January 1, 2018.
On July 17, 2017 Spring Park discussed the contact at their Work Session and the contract will be on their August
7, 2017 Agenda for approval.
3. Staff Recommendation. I recommend approval of the Contracts for Law Enforcement Services with the City
of Minnetonka Beach and the City of Spring Park.
COUNCIL ACTION REQUESTED
Motion to approve the Contracts for Law Enforcement Services with the City of Minnetonka Beach and
the City of Spring Park.
Prepared By: Correy Farniok Reviewed By: Correy Farniok Approved By: D51Z
AGENDA ITEM
Exhibits
Exhibit A. Minnetonka Beach Resolution 2017-27, Approving the Contract for Police Services with the
City of Orono
Exhibit B. Minnetonka Beach Contract for Law Enforcement Services
Exhibit C. Spring Park Contract for Law Enforcement Services.
Prepared By: Correy Farniok Reviewed By: Correy Famiok Approved By: D51Z
1-9
R1,1SOLUTILON 2017 - 27
City Council
Exhibit A
A RESOLUTION APPROVING THE AGREEMENT AND CONTRACT
FOR POLICE SERVICES BETWEEN THE CITY OF ORONO AND MINNETONKA BEACH
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of the Village of Minnetonl<a Beach, Minnesota was held on the 12th day of June 2017. The
following members were present: Mayor Mike Taylor; Council Members Jill Bartel, Paul
Kozloski, Jac.i Lindstrom and Andrew Myers; Treasurer Steve Howarth. Absent: None.
Council Member Lindstrom introduced the following resolution and moved its adoption:
WHEREAS, the City of Orono has provided law enforcement services to the City of
Minnetonka Beach for many years; and
WHEREAS, the City Council believes continuing contracting with the City of Orono for
law enforcement services is in the best interest of the City.
WHEREAS, the City of Minnetonka Beach has been satisfied with the quality of law
enforcement services provided by the City of Orono and has been engaged in negotiations for a
new contract with the City of Orono for the provision of police services on mutually acceptable
terms.
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves the
Agreement and Contract for Law Enforcement Services effective as of January 1, 2018 attached
hereto and instructs the Mayor and City Clerk to execute said Agreement on behalf of the City of
Minnetonka Beach.
The motion for adoption of the foregoing resolution was duly seconded by Council Member
Bartel and, upon vote being taken thereon, the following voted in favor thereof: Bartel,
Kozloski, Lindstrom, and Myers. The following voted against or abstained: None.
Whereupon the resolution was declared duly passed and. adopted this l2th day of June 2017.
ATTI "T:
Heidi Honey, City Clerk
Mike Taylor, Mayor
Date
City Council
Exhibit B
CONTRACT FOR LAW ENFORCEMENT SERVICES
This CONTRACT FOR LAW ENFORCEMENT SERVICES ("Contract") made and
entered into this day of , 20, by and between the CITY OF ORONO
("Orono"), a Minnesota municipal corporation, and the CITY OF MINNETONKA BEACH
("Minnetonka Beach"), a Minnesota municipal corporation.
WITNESSETH:
WHEREAS, Minnetonka Beach is desirous of contracting with Orono for the
performance of law enforcement services within Minnetonka Beach; and
WHEREAS, Orono is agreeable to render law enforcement services on the terms and
conditions hereinafter set forth; and
WHEREAS, a contract such as this is authorized under and by virtue of the provisions of
Minnesota Statutes Section 471.59;
NOW, THEREFORE, Orono agrees that it will provide law enforcement services for
Minnetonka Beach on the following terms and conditions and Minnetonka Beach agrees as
follows:
1. Duration of Contract. 1'he term of this Contract is for five (5) years commencing on
January 1, 2018. This Contract will automatically renew for a period of five (5) years,
unless Orono or Minnetonka Beach provide notice, no later than one (1) year prior to the
expiration date of the original or renewed contract.
2. Cost of Services. In consideration of furnishing law enforcement services under this
Contract, Minnetonka Beach shall pay Orono the following:
A. Year 1 (2018), Initial base cost of $141,000.00
B. Year 2 (2019), $141,000.00
C. Years 3-5, cost to increase by Union wage increase (with a minimum percentage
to be no less than 1% and a maximum cap of 5%)
The payments shall be made in equal installments monthly beginning on January lit of
2018. Capital equipment and headquarter related expenses are included in the base
contract cost. Unexpected major expenditures attributable to Minnetonka Beach may be
brought to the Joint Police Commission for review and if approved these would increase
the base budget. Unexpected major expenditures attributable to all of the municipalities
to which Orono provides law enforcement services also may be brought to the Joint
Police Commission for review and, if approved, will increase the base budget by the
amount of such expenditures multiplied by the ratio of Minnetonka Beach's then -current
base amount divided by the total cost of law enforcement services that Orono provides to
all municipalities, including itself. Any party aggrieved by the decision of the Joint
1921900
Police Commission to approve or disapprove a change in the base budget may challenge
the decision in arbitration through the process provided in this Agreement.
Funds received by Orono from Minnetonka Beach that are not expended during the year
paid will be put into the POLICE CIP to be used toward costs associated with the police
department. Orono will provide Minnetonka Beach with a statement at the end of the
amount of funds transferred to the POLICE CIP.
3. Services Provided. Orono agrees to furnish law enforcement services to Minnetonka
Beach 24 hours per day, seven (7) days per week. The level and delivery of service
provided to Minnetonka Beach will be comparable to the level and delivery of service
provided in Orono. In addition, the Orono Police Chief will be the Director of
Emergency Management and will coordinate emergency plans for Minnetonka Beach.
The Orono Police Chief will provide an annual update to Minnetonka Beach annually.
4. Joint Police Commission.. Minnetonka Beach may appoint two volunteer members to
the Joint Police Commission and the name of such appointees shall be furnished to Orono
Administration. The Joint Police Commissions shall consist of two members from Orono
and two members from every municipality that has a contract for law enforcement
services with Orono. The Joint Police Commission shall meet periodically, to discuss
and make recommendations regarding concerns or problems identified regarding the
provision of police service.
5. Administrative Responsibility. The law enforcement services rendered to Minnetonka
Beach shall be under the sole direction of Orono. The degree of services rendered, the
standards of performance, the hiring and discipline of the officers assigned, and other
matters relating to regulations and policies, shall remain in the control of Orono.
Orono and Minnetonka Beach will work cooperatively to respond to Minnetonka Beach
data practices requests as it pertains to police records and police requests for information.
b. Officers, Emplovees of Orono. Officers assigned to duty in Minnetonka Beach shall be
police officers of Orono. Orono shall assume all obligations with regard to workers
compensation, PERA, withholding tax, insurance, etc., arising from the employment of
such officers, except as set forth in Section 4 of this contract. Minnetonka Beach shall
not be required to furnish any fringe benefits or assume any other liability of employment
to any officer assigned to duty within Minnetonka Beach unless Minnetonka Beach
employs officers directly, independent of this Contract, to provide special law
enforcement services in Minnetonka Beach. In such event, all obligations and liabilities
with respect to employment of special law enforcement officers shall be the complete
responsibility of Minnetonka Beach. No such direct employment shall be entered into by
Minnetonka Beach without first obtaining written approval of the City Administrator of
Orono whose approval shall not be unreasonably withheld.
2
192190v5
7. Enforcement Policies. Orono's Police Department Policies, Rules and Regulations and
Code of Conduct shall prevail as the enforcement policies within Minnetonka Beach.
8. Enforcement of Laws and Ordinances of Minnetonka Beach. Orono shall be familiar
with the Minnetonka Beach City Code and shall assist Minnetonka Beach personnel in
enforcing the City Code as requested. Orono is authorized to and shall enforce
Minnetonka Beach's City Code and all other applicable and/or appropriate federal and
state laws, to the extent appropriate for enforcement by police officers.
9. Headquarters. Headquarters for the services furnished to Minnetonka Beach under this
Contract shall be located at 2730 Kelley Parkway, Orono, Minnesota 55356.
10. Prosecution and Revenues. Minnetonka Beach shall be responsible for the cost of
prosecution of violations which occur within the Minnetonka Beach City limits. In
addition, any court fines received related to violations which occur within the
Minnetonka Beach City limits shall be remitted to Minnetonka Beach. All board of
prisoner fees related to violations within Minnetonka Beach City limits shall be paid by
Minnetonka Beach. P.O.S.T. board reimbursements and drug forfeiture funds will be
retained by Orono
12. Dispute Resolution and Arbitration. In the event that a dispute arises under this
Agreement, the following procedures shall be followed in an attempt to resolve the
dispute prior to the parties commencing arbitration.
A. Dispute Resolution Procedure
Step 1. Disputes related to services being provided under this Contract shall be first
brought to the immediate attention of the Orono City Administrator for resolution.
Step 2. If the dispute remains unresolved after the proceeding through Step 1, it shall
be brought before the members from Orono and Minnetonka Beach representing the
Joint Police Commission for resolution.
Step 3. If the dispute remains unresolved after proceeding through Step 2, it shall be
brought before the city councils of both cities in a joint city council meeting for
resolution.
B. Arbitration
If the dispute remains unresolved after proceeding through all of the above steps,
either party may submit the dispute to binding arbitration. The parties shall select an
arbitrator that is mutually agreed upon by both parties. If the parties are unable to
agree upon an arbitrator, they shall each select an arbitrator for a panel and the two
arbitrators selected shall select the third arbitrator. Arbitration shall be completed no
later than sixty days from the date that the dispute is submitted to arbitration. The
arbitrators' expenses and fees, together with the other expenses, not including legal
counsel, accounting or consultant fees, incurred in the conduct of the arbitration, shall
be divided equally between the parties to the arbitration. Each party to the arbitration
3
192190v5
15.
will pay its own attorney, accountant or consultant fees. The arbitrator(s) shall not be
empowered to terminate this Contract under any circumstances.
Hold Harmless and Indemnification. Orono shall maintain general liability insurance
for its services and shall include Minnetonka Beach as an additional insured for the term
of this Contract and any extensions thereof. Orono shall provide Minnetonka Beach
proof of such insurance coverages and the additional insured endorsement naming
Minnetonka Beach upon request.
Orono agrees to defend and indemnify Minnetonka Beach against any claims brought or
actions filed against Minnetonka Beach or any officer, employee, or volunteer of
Minnetonka Beach for injury to, death of, or damage to the property of any third person
or persons, arising from Orono's performance under this Contract. Under no
circumstances, however, shall Orono be required to pay on behalf of itself and
Minnetonka Beach, any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466, applicable to any one party. The limits of liability for
Minnetonka Beach and Orono may not be added together to determine the maximum
amount of liability for Orono. The intent of this subdivision is to impose on Orono a
limited duty to defend and indemnify Minnetonka Beach for claims arising out of the
performance of this Contract subject to the limits of liability under Minnesota Statutes
Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the
defense of claims by eliminating conflicts between the parties and to permit liability
claims against both parties from a single occurrence to be defended by a single attorney.
Nothing herein shall be construed to waive or limit any immunity from, or limitation on,
liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or
otherwise.
This is a service contract. The parties do not intend to undertake or create, and nothing
herein shall be construed as creating, a joint powers agreement, joint venture, or joint
enterprise between the parties.
16. Termination. This Agreement may be terminated by Minnetonka Beach for a material
breach of contract by Orono or for conduct by Orono police officers that materially
undermines the safety or security of Minnetonka Beach residents. This Agreement may
be terminated by Orono for the failure of Minnetonka Beach to make payments required
under this Agreement.
Any party claiming the right to terminate this Agreement shall provide the other party with
written notice by United States Mail specifying the circumstances justifying the termination
in detail. The party receiving such notice shall be allowed 45 days to cure any claimed
breach or justifying circumstances and, if not cured within 45 days, either party may request
that the question of whether termination is justified to be submitted to arbitration as
described in this agreement. The arbitrator(s) shall determine whether termination is
justified or may order that any circumstances otherwise justifying termination be corrected.
The arbitrator(s) may also award damages directly related to any breach of this Agreement.
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192190v5
17. Entire Agreement. This Contract constitutes the entire agreement between the parties
and supersedes and replaces any prior agreement between the parties on the same subject.
18. Amendment. This Contract may be amended only with the written approval of both
Minnetonka Beach and Orono.
19. Assignment. The rights and obligations under this Contract will not be assigned, and
Orono will not subcontract for any services to be furnished to Minnetonka Beach (except
as otherwise provided in this Contract), without prior written consent of the other party.
Orono agrees that it will not enter into any agreement for services with other
communities which will adversely impact any services provided in this Agreement to
Minnetonka Beach. Minnetonka Beach acknowledges that Orono provides law
enforcement services for Spring Park and Mound.
20. Notices. Written notices and communication required to be given under this Contract are
to be in writing and sent by U.S. 'Mail or fax addressed:
If to Minnetonka Beach: City Administrator
Minnetonka Beach City Hall
2945 Westwood Road
Minnetonka Beach, MN 55361
If to Orono: City Administrator
Orono City Hall
PO Box 66
Crystal Bay, MN 55323
The parties hereto have executed this Agreement as of the date first above stated.
CITY OF ORONO
Dated: _ 20 By
Dennis Walsh, Its Mayor
Dated: , 20 By
Doug Reeder
Its City Administrator
1921905
5
The above Contract was reviewed and approved by the City Council for the City of Orono, by
Resolution No. , dated _ , 20_
CITY OF MINNETONKA BEACH
Dated: 20 By
Dated: 20 By
Mike Taylor, Its Mayor
Susanne Griffin, Its City Administrator
The above Contract was reviewed and approved by the City Council for the City of Minnetonka
Beach, by Resolution No. 2017-27, dated June 13, 2017.
0
192190v5
City Council
Exhibit C
CONTRACT FOR LAW ENFORCEMENT SERVICES
This CONTRACT FOR LAW ENFORCEMENT SERVICES ("Contract") made and entered
into this day of , 20____, by and between the CITY OF ORONO
("Orono"), a Minnesota municipal corporation, and the CITY OF SPRING PARK ("Spring
Park"), a Minnesota municipal corporation.
WITNESSETH;
WHEREAS, Spring Park is desirous of contracting with Orono for the performance of
law enforcement services within Spring Park; and
WHEREAS, Orono is agreeable to render law enforcement services on the terms and
conditions hereinafter set forth; and
WHEREAS, a contract such as this is authorized under and by virtue of the provisions of
Minnesota Statutes Section 471.59;
NOW, THEREFORE, Orono agrees that it will provide law enforcement services for
Spring Park on the following terms and conditions and Spring Park agrees as follows:
1. Duration of Contract. The term of this Contract is for five (5) years commencing on
January 1, 2018. This Contract will automatically renew for a period of five (5) years,
unless Orono or Spring Park provide notice, no later than three (2) years prior to the
expiration date of the original or renewed contract.
2. Cost of Services. In consideration of furnishing law enforcement services under this
Contract, Spring Park shall pay Orono the following:
A. Year 1 (2018), Initial base cost of $423,000.00
B. Years 2-5, cost to increase by Union wage increase (with a minimum percentage
to be no less than 1% and a maximum cap of 5%)
The payments shall be made in equal installments on January VL and July I` of each year.
Capital equipment and headquarter related expenses are included in the base contract
cost. Unexpected major expenditures may be brought to the Joint Police Commission for
review and if approved these would increase the base budget.
Funds received by Orono from Spring Park that are not expended during the year paid
will be put into the POLICE CIP to be used toward costs associated with the police
department.
192191v1
3. Services Provided. Orono agrees to furnish law enforcement services to Spring Park24
hours per day, seven (7) days per week. The level and delivery of service provided to
Spring Park will be comparable to the level and delivery of service provided in Orono. In
addition, the Orono Police Chief will be the Director of Emergency Management and will
coordinate emergency plans for Spring Park.
4. Joint Police Commission. Spring Park may appoint two volunteer members to the Joint
Police Commission and the name of such appointees shall be furnished to Orono
Administration. The Joint Police Commission shall meet periodically, to discuss and
make recommendations regarding concerns or problems identified regarding the
provision of police service.
5. Administrative Responsibility. The law entorcement services rendered to Spring Park
shall be under the sole direction of Orono. The degree of services rendered, the standards
of performance, the hiring and discipline of the officers assigned, and other matters
relating to regulations and policies, shall remain in the control of Orono.
Orono and Spring Park will work cooperatively to respond to Spring Park data practices
requests as it pertains to police records and police requests for information.
6. Officers, Employees of Orono. Officers assigned to duty in Spring Park shall be police
officers of Orono. Orono shall assume all obligations with regard to workers
compensation, PERA, withholding tax, insurance, etc., arising from the employment of
such officers. Spring Park shall not be required to furnish any fringe benefits or assume
any other liability of employment to any officer assigned to duty within Spring Park
unless Spring Park employs officers directly, independent of this Contract, to provide
special law enforcement services in Spring Park. In such event, all obligations and
liabilities with respect to employment of special law enforcement officers shall be the
complete responsibility of Spring Park. No such direct employment shall be entered into
by Spring Park without first obtaining written approval of the City Administrator of
Orono whose approval shall not be unreasonably withheld.
7. Enforcement Policies. Orono's Police Department Policies, Rules and Regulations and
Code of Conduct shall prevail as the enforcement policies within Spring Park.
8. Enforcement of Laws and Ordinances of Serine Park. Orono shall be familiar with
the Spring Park City Code and shall assist Spring Park personnel in enforcing the City
Code as requested. Orono is authorized to and shall enforce Spring Park's City Code and
all other applicable and/or appropriate federal and state laws, to the extent appropriate for
enforcement by police officers.
9. Headquarters. Headquarters for the services furnished to Spring Park under this
Contract shall be located at 2730 Kelley Parkway, Orono, Minnesota 55356.
10. Prosecution and Revenues. Spring Park shall be responsible for the cost of prosecution
of violations which occur within the Spring Park City limits. In addition, any court fines
2
192191vl
received related to violations which occur within the Spring Park City limits shall be
remitted to Spring Park. All board of prisoner fees related to violations within Spring
Park City limits shall be paid by Spring Park. P.O.S.T. board reimbursements and drug
forfeiture funds will be retained by Orono
12. Dispute Resolution and Arbitration. In the event that a dispute arises under this
Agreement, the following procedures shall be followed in an attempt to resolve the
dispute prior to the parties commencing arbitration.
A. Dispute Resolution Procedure
Step 1. Disputes related to services being provided under this Contract shall be first
brought to the immediate attention of the Orono City Administrator for resolution.
Step 2. If the dispute remains unresolved after the proceeding through Step 1, it shall
be brought before the Orono and Spring Park Joint Police Commission for resolution.
Step 3. If the dispute remains unresolved after proceeding through Step 2, it shall be
brought before the city councils of both cities in a joint city council meeting for
resolution.
B. Arbitration
If the dispute remains unresolved after proceeding through all of the above steps,
either party may submit the dispute to binding arbitration. The parties shall select an
arbitrator that is mutually agreed upon by both parties. If the parties are unable to
agree upon an arbitrator, they shall each select an arbitrator for a panel and the two
arbitrators selected shall select the third arbitrator. Arbitration shall he completed no
later than sixty days from the date that the dispute is submitted to arbitration. The
arbitrators' expenses and fees, together with the other expenses. not including legal
counsel, accounting or consultant fees, incurred in the conduct of the arbitration, shall
be divided equally between the parties to the arbitration. Each party to the arbitration
will pay its own attorney, accountant or consultant fees. The arbitrator(s) shall not be
empowered to terminate this Contract under any circumstances.
15. Hold Harmless and Indemnification. Orono shall maintain general liability insurance
for its services and shall include Spring Parkas an additional insured for the term of this
Contract and any extensions thereof. Orono shall provide Spring Park proof of such
insurance_coverages and the additional insured endorsement naming Spring Park upon
request.
Orono agrees to defend and indemnify Spring Park against any claims brought or actions
filed against Spring Park or any officer, employee, or volunteer of Spring Park for injury
to, death of, or damage to the property of any third person or persons, arising from
Orono's performance under this Contract. Under no circumstances, however, shall
Orono be required to pay on behalf of itself and Spring Park, any amounts in excess of
the limits on liability established in Minnesota Statutes Chapter 466, applicable to any
one party. The limits of liability for Spring Park and Orono may not be added together to
determine the maximum amount of liability for Orono. The intent of this subdivision is
to impose on Orono a limited duty to defend and indemnify Spring Park for claims
192191v1
arising out of the performance of this Contract subject to the limits of liability under
Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and
indemnify is to simplify the defense of claims by eliminating conflicts between the
parties and to permit liability claims against both parties from a single occurrence to be
defended by a single attorney.
Nothing herein shall be construed to waive or limit any immunity from, or limitation on,
liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or
otherwise.
This is a service contract. The parties do not intend to undertake or create, and nothing
herein shall be construed as creating, a joint powers agreement, joint venture, or joint
enterprise between the parties.
16. Entire Agreement. This Contract constitutes the entire agreement between the parties
and supersedes and replaces any prior agreement between the parties on the same subject.
17. Amendment. This Contract may be amended only with the written approval of both
Spring Park and Orono.
18. Assignment. The rights and obligations under this Contract will not be assigned, and
Orono will not subcontract for any services to be furnished to Spring Park (except as
otherwise provided in this Contract), without prior written consent of the other party.
Orono agrees that it will not enter into any agreement for services with other
communities which will adversely impact any services provided in this Agreement to
Spring park. Spring Park acknowledges that Orono provides law enforcement services
for Minnetonka Beach and Mound, which also have representatives on the Joint Police
Commission described in Section 6,
19. Notices. Written notices and communication required to be given under this Contract are
to be in writing and sent by U.S. Mail or fax addressed:
If to Spring Park: City Administrator
Spring Park City Hall
4349 Warren Ave
Spring Park, MN 55384
If to Orono: City Administrator
Orono City Hall
PO Box 66
Crystal Bay, MN 55323
The parties hereto have executed this Agreement as of the date first above stated.
4
192191v1
CITY OF ORONO
Dated: 20 By
Dated: 20 By
Dennis Walsh, Its Mayor
Doug Reeder
Its City Administrator
The above Contract was reviewed and approved by the City Council for the City of Orono, by
Resolution No. dated 20
CITY OF SPRING PARK
Dated: 20 By
Dated: 20 By
Jerome P. Rockvam, Its Mayor
Dan Tolsma, Its City Administrator
The above Contract was reviewed and approved by the City Council for the City of Spring Park,
by Resolution No. , dated. , 20
5
192191vl
AGENDA ITEM
Item No.: 8 Date: July 24, 2017
Item Description: Adopt State of Minnesota Joint Powers Agreement and Court Data
Services Amendment to CJDN Subscribers Agreement (Renewal)
Presenter: Correy Farniok Agenda Section: Consent
Police Chief Agenda
1. Purpose. The purpose of this action item is to renew the State of Minnesota Joint Powers Agreement
and Court Data Services Amendment to CJDN Subscribers Agreement
2. Background. The Orono Police Department on behalf of its Prosecuting Attorney has a current
Joint Powers Agreement (JPA) and a Court Data Services Subscriber Amendment to CJDN Subscriber
Agreement. The JPA and Amendment allows the prosecuting attorney access to court records and
information.
COUNCIL ACTION REQUESTED
Motion to approve the State of Minnesota Joint Powers Agreement and Court Data Services Amendment
to CJDN Subscribers Agreement (Renewal)
Exhibits
Exhibit A. State of Minnesota Joint Powers Agreement
Exhibit B. Court Data Services Amendment to CJDN Subscribers Agreement
Exhibit C. Resolution Approving State of Minnesota JPA with the City of Orono on behalf of its City
Prosecuting Attorney
Prepared By: Correy Farniok Reviewed By: Correy Farniok
Approved By: W
City Council
Exhibit A
SWIFT Contract # 127954
NW027231 A
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZED AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of Orono on behalf of its Prosecuting Attorney ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data
communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories
of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to
access these data in support of its official duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
SWIFT Contract # 127954
NW027231A
2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
https:/ibcanextest.x.state.mn.us/launchpad/.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https:Hsps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at https:Hdps.mn.gov/divisions/bcaibca-
divisions/mnjis/Documents/BCA-Policy-on--Appropriate-Use-of-Systems-and-Data.pdf.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDeskgstate.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's
transaction record meets FBI-CJIS requirements.
When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
SWIFT Contract # 127954
NW027231 A
keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public
Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that
are kept by the Agency. The transaction record must include the individual user who requested access, and the date,
time and content of the request. The transaction record must also include the date, time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business
day of the BCA's request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
of the Court Records delivered through the BCA systems and tools.
2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is
required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based
background check on each vendor employee as well as records of the completion of the security awareness training
that may be relied on by the Agency.
3 Payment
The Agency understands there is a cost for access to the criminal justice data communications network described in
Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible
for the cost of access.
Agency will identify the third party and provide the BCA with the contact information and its contact person for
billing purposes so that billing can be established. The Agency will provide updated information to BCA's
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
The Agency's Authorized Representative is Steven Tallen, City Attorney, 920 2°a Avenue S, Suite 1540, Minneapolis,
MN 55402-2224, (612) 349-3900, or his/her successor.
Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, their successors in office, or another individual duly authorized.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
SWIFT Contract # 127954
NW027231A
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency's liability.
Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, "Individual User" means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA
becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to
any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform
BCA subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a
4
SWIFT Contract # 127954
NW027231A
collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User's access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's
determination controls.
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
City Council
Exhibit B
SWIFT Contract # 127954
NW027231 A
The parties indicate their agreement and authority to execute this Agreement by signing below.
L AGENCY 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name:
(PRINTED) Name:
Signed:
Title:
(with delegated authority)
Date
Signed:
Title:
(with delegated authority)
Date:
(PRINTED)
3. COMMISSIONER OF ADMINISTRATION
Name: delegated to Materials Management Division
(PRINTED)
By:
Signed: Date:
Title:
(with delegated authority)
Date:
le
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, ("BCA") and the City of Orono on behalf of its Prosecuting Attorney ("Agency"),
and by and for the benefit of the State of Minnesota acting through its State Court Administrator's
Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action
against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 127954, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement")
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
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a. "Authorized Court Data Services" means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and
the BCA.
b. "Court Data Services" means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the
current address is www. courts.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
C. "Court Records" means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. "Court Case Information" means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
ii. "Court Confidential Case Information" means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
iii. "Court Confidential Security and Activation Information" means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user
manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
iv. "Court Confidential Information" means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d. "DCA" shall mean the district courts of the state of Minnesota and their
respective staff.
e. "Policies & Notices" means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber's use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
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f. "Rules of Public Access" means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated
that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for
which the current address is www. courts.state.mn.us.
Office.
g. "Court" shall mean the State of Minnesota, State Court Administrator's
h. "Subscriber" shall mean the Agency.
i. "Subscriber Records" means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
C. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will
deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties
3
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory
body. Subscriber's access to the Court Records for personal or non -official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may immediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber's duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber's obligations under this Subscriber Amendment.
C. To limit the use of and access to Court Confidential Information to
Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidential Information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
e. That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts.
a. Court Data Services Programs. Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
C. Marks. Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks "MNCIS" and "Odyssey."
d. Restrictions on Duplication, Disclosure, and Use. Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential Information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any trademark of Court or its licensors, in any way or for any
purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
5
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on
the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
C Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's
licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or
threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any
relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958.
0
10. AVAILABILITY. Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber's
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber's bona fide
personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber's logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber's failure to maintain
such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs,
the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
C. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
7
BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a
monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18. NON -WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision,
remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the
instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
0
1. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By:
Date:
4. COURTS
Authority granted to Bureau of Criminal Apprehension
Name:
(PRINTED)
Signed:
Title:
(with authorized authority)
Date:
10
City Council
Exhibit C
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
M�
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF ORONO ON BEHALF OF ITS CITY
ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Orono on behalf of its Prosecuting Attorney and Police Department
desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public
Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's
criminal justice data communications network for which the City is eligible. The Joint Powers
Agreements further provide the City with the ability to add, modify and delete connectivity,
systems and tools over the five year life of the agreement and obligates the City to pay the costs
for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota as
follows:
(1) That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City
of Orono on behalf of its Prosecuting Attorney and Police Department, are hereby approved.
(2) That the Police Chief, Correy Farniok, or his successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to
sign any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, City Clerk is
appointed as the Authorized Representative's designee.
(3) That the Prosecuting Attorney, Steve Tallen, or his successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also authorized
to sign any subsequent amendment or agreement that may be required by the State of Minnesota
to maintain the City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, City Clerk is
appointed as the Authorized Representative's designee.
(4) That Dennis Walsh, the Mayor for the City of Orono, and Anna Carlson, the City Clerk, are
authorized to sign the State of Minnesota Joint Powers Agreements.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Passed and Adopted by the Council on this 24 day of July, 2017.
CITY OF ORONO
ATTEST:
By: Anna Carlson, City Clerk By: Dennis Walsh, Mayor
AGENDA ITEM
Item No.: 9 Date: July 24, 2017
Item Description: City of Orono — Text Amendment: Fee Schedule as it pertains to
Planning and Zoning
Presenter: Jeremy Barnhart, Community Agenda Consent Agenda
Development Director Section:
1. Purpose. The purpose of this action item is to adopt changes to the fee schedule, primarily as it
pertains to zoning land use applications, but also the minimum fee associated with building, mechanical,
and plumbing permits, temporary certificates of occupancy, and fee schedule organization and formatting.
2. Background. At their meeting on July 10, 2017, the Council directed staff to prepare an ordinance to
adopt changes as proposed from the Development Process Review Committee, as outlined in a proposed
fee schedule, primarily reducing the application fees for most land use applications and altering the
minimum permit fees based on value from $50.00 to $26.25. The proposed fee schedule also adjusts the
temporary certificate of occupancy from $10,000 to 3% of the project value, not to exceed $10,000. Staff
also added new fees for subdivision exception to $50.00, which represents about 1 hour of staff time to
complete.
Lastly, Staff is proposing some changes to the format of the ordinance. Substantively, the only changes
are outlined in the zoning, land use, and building sections, but in an effort to simplify the ordinance,
currently 31 pages, staff recommends grouping similar categories into separate exhibits. The draft
ordinance includes Exhibit A for Planning, Building and Zoning, Exhibit B for Administrative Offenses
in the Police Department, and Exhibit C for Park related fees. No changes to these fees are proposed, just
formatting changes. These changes reduce the ordinance from 31 pages to 18 pages, including exhibits.
3. Budget Impact. Adjustment to fees mid -year will impact the budget. To minimize this impact, the
Council directed that the new fees be effective September 1, 2017. The potential impact to the 2017
planned income is about $9,700.00 for land use applications, and about $1,100 for the small building
permits, for the last third of the year. The planned income related to small building permits should be
expected to be reduced about $1,100, again based on the 4 year average.
4. Staff Recommendation. Staff recommends adoption of the ordinance as drafted.
COUNCIL ACTION REQUESTED
By motion, approve the revised fee schedule.
Exhibits
Exhibit A. Proposed fee schedule, with Exhibits
Exhibit B. July 10, 2017 Council Agenda Item on Fee Schedule as it pertains to Planning & Zoning
Prepared By: J. Barnhart
Reviewed By: J. Barnhart
Approved By: W
Page
Administrative Offense Fees (Police)......... 26 27E C
Copy Charges
Amusement Devices ..............................
Administration ...................................... 843
Police Records .....................................
1020
Building Plan Copies ............................ 846
Information on CD/DVD...................... 847
Photos..................................................
1020
Reprint Oversized Documents
643
On Microfilm ....................................... 843
Audio CD (PD)....................................1020
Gambling/Raffle Investigation .............
Video DVD (PD)..................................1020
Garbage Haulers License .....................
Connection Charges
Sanitary Sewer ...................................... 444
Municipal Water ................................... 542
Unit Adjustment ................................... 642
Documents
Comprehensive Guide Plan .................. 743
Current Street Address Book .............. 843
Labels..................................................... 847
Listing Info - Realtors ......................... 743
Mail in Postage & Handling ..................
Municipal Code/Ordinance.................. 743
Special Assessment Searches ................ 743
False Alarm User Fees ..................................109
Park & Recreation Fees
Golf Course Fees .............................Ex C24
Lurton Park....................................Ex C24
Inspections
Contractual Inspection Service ...... 44Ex A
Special Inspection Charges ............44Ex A
Licenses & Miscellaneous
After -The -Fact Fees ................................ 24
Amusement Devices ..............................
945
Animal Impound Fees ..........................
847
Beer, Wine & Liquor License ..............
845
Canoe Rental Slip .................................
743
Commercial Marina License ................
643
Firearms Storage Fees ....................
1020
Gambling/Raffle Investigation .............
743
Garbage Haulers License .....................
743
Home Occupation License ....................
743
Joint Use Dock License .........................
643
Kennel License ......................................
847
2017 ORONO FEE SCHEDULE DIRECTORY
Licenses & Miscellaneous (Cont.) Page
Massage Therapy License .........................746
Public Dance License................................94-8
Returned Check Charge ...........................84-7
Solicitation Lieense.................................... 16
Temporary Trailer/Building ...................74-5
TobaccoLicense ........................................743
Transient Merchant/Peddler License ......743
Mapsfor Sale .....................................................743
Public Works Supplies & Services
Address Change.......................................1325
Antenna Lease .........................................1325
Driveway Culverts...................................1325
Driveway/Curb Cut Permits...................13255
On -Call Service to Other Cities .............1325
Permits
After -The -Fact Fees .............................
Ex A4
Building Permit Fees ............................
7Ex A
Burning Permits ...............................
4-8Ex A
Cert. of Occupancy ...............................
8Ex A
Demolition Permit Fee
......................... 8Ex A
Decks:
C-offiffier-e:..'.................................................. 8
Residential...................................................8
Encroachment Permit/Agreement ... _�Ex A
Fire Protection .................................... Ex A44
Firearms Discharge.....................................49
Fireworks Permit Fee ...............................945
General Permit Fees ............................. 7Ex A
Grading, Excavating, Filling ................... Ex
A-8
Large Assembly Permit ............................459
Lawn Sprinkler System (plumbing).
44Ex A
Limited Trapping Permit .........................4-99
Mechanical Permit Fees ....................... Ex A9
Municipal Connection Permit & SAC Fees
(Sewer/Water/SAC)..........................
Ex A441
On -Site Systems (Septic) ....................
Ex A43
Outhouse Construction ......................43Ex
A
(See On -Site Systems)
A
Plumbing Permit .................................. Ex A9
Retaining Walls .................................... 7Ex A
Special Events............................................4-99
Sprinkler Systems -
PUD Rezoning.........................................2Ex
Commercial Splumbing).................44Ex
A
Stairway to Lake .................................. Ex A9
Tent/Canopy Permit ............................. 8Ex A
Tree Removal .............................. ........Ex A9
City Council
Exhibit A
Permits (Cont.) Page
Underground Took Removal .........................
Vehicle Storage ..................................... Ex A13
Water, Water Meter & Horn Fees ......44Ex A
Zoning Permit.........................................8Ex A
Services
Fingerprinting (Police) ............................. 4910
Firearms Storage ..................................... 2010
Police Reserve Officers ......................... 4910
Police Special Services ............................. 4-110
Water Turn -Off or On Charge ................ 2,212
Signs
Temporary & Permanent ..................... Ex A47
Temp. "No Parking" (PD) ....................... 2810
Temp. "No Parking" (PW) ...................... 2,013
Wetland Buffer Signs ............................... 2513
Utility Rates & Miscellaneous
Annual Service Charge
A
Septic................................................Ex A43
Municipal Sewer ................................. 2410
Municipal Water............................24211
A
Unpaid Accounts ................................. 2212
Recycling Charge ................................ 2312
Stormwater Utility .............................. 2,312
Recycling Carts ........................................ 2312
Sump Pump Surcharge ............................ 2,312
Zoning Applications
After -The -Fact Fees................................4Ex
A
Amendments...........................................2Ex
A
Appeal of Administrative Decision........3Ex
A
Commercial Site Plan.............................2Ex
A
Comprehensive Plan Amend..................2Ex
A
Conditional Use Permit Fees..................4Ex
A
Easement Creation.................................3Ex
A
Industrial Revenue Bond Appl. .............
4Ex A
Park Dedication Fees..............................SEx
A
PUD Rezoning.........................................2Ex
A
Rezoning Application Fee ......................2Ex
A
Special Improvements Appl...................4Ex
A
Stormwater/Drainage Trunk Fees .........
6Ex A
Subdivision Application Fee ..................2Ex
A
Surcharge for Staff Expense ..................4Ex
A
Vacation Application Fees .....................3Ex
A
Variance Application Fees .....................4Ex
A
2017 Fee Schedule
ORDINANCE NO. ------ THIRD SERIES
AN ORDINANCE ADOPTING THE 2017 FEE SCHEDULE
AND AN ORDINANCE REPEALING ORDINANCE NO. 161, THIRD SERIES
The City Council of the City of Orono ordains:
SECTION 1. Ordinances Repealed. Ordinance No. 161, Third Series, entitled Amended 2016 Fee Schedule is hereby repealed.
The City Council of Orono per Section 2-171 of the Municipal Code hereby ordains the following fees effective during the calendar year 2017:
SECTION 2. Fees.
ZONING APPLICATIONS See Exhibit A
ADMINISTRATIVE OFFENSE FEES (POLICE DEPARTMENT ADMINISTERED) See Exhibit B
PARK FEES See Exhibit C
2017 Fee Schedule -Page 1
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2017 Fee Schedule -Page 1
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2017 Fee Schedule -Page 1
PUD Rezoning
Residential
Residential $700nn 1 $40 .00
per- dwelling unit
, AFtiele A4
Evm-■ireYC-lsiirrncrcrliInduSt%1^ l $200100. ..
(min $875.00)
Application Escrow $10,000 minimum
See. 78 41
COMMERCIAL SITE PLAN REVIEW $700.00 + Consultant
ESeFOW (new building) f 000 Minimum
4�
Fees See. 78ApplieatiOH
See. 78 4:1
7 500 minimum
See. 78 42 -
SUBDIVISION
sketch Plan (Class
1, 11, & 111)
$350.00 See. 82 85
Basie Subdivision
Applieation
$700.00 See. 82 112 (a)(b), 82 15
(Class 1 & 11
Preliminary Plat
(Class M and
Final Plat Review
Subdivisions, Subdivision of a Lot Line Rear-Fangement)
Review
all non-Fesidential)
$850.00 4= $30.00/lot See. 82 1124e)
$700.00 4= Speeial LegaliEngineeFiHg
Consultant ChaFges
Renewal of Subdivision
> 11
See. 82 142 (9)
Approval
& > and Subdivision of a Lot Line Rearr-aingement)
$350.00
2017 Fee Schedule -Page 2
Applieation Eser-ow $2,500 minimum
no publie See. 78 42 and 82 47
(All Class 11 and M Subdivisions, and any Class 1 Subdivision or- Lot Line ReaFrangement
improvements
that involves improvements subjeet to a Development Agreement)
ZONINGAPPLICATIONS (CONI)
Type
$0,000 minimum with publi ts
Applicable
Fee Code Section
e�rt}9^
VACATIONS
D..hl,E Road
�a�
Easement Vaeations with Subdivision Applieations
Easement Vaeations not Assoeiatedwith Subdivision Applieations
ESer
74 42
$100.00 per— hewe€�tin�See�
ply
($700.00 minimum peF
$200.00 See. 78 4_2
$700.00 4= Consultant Fees See. 78 4-2
$700.0-0
EASEMENT $T. MENT CRE A TION
Easement Creation with Subdivision Apploeation (no fee)
Easement Creation not Associated with Subdivision Apploeation $700.00 4= Consultant Fees See. 82 15 (a)(3), 82 142(a)
Escrow $700.00-
U . • LVA I . .
U U MR M O7.r Y LVA IM bI i . Z-.fV.M.CZ.T.f.7, fl
2017 Fee Schedule -Page 3
U U MR M O7.r Y LVA IM bI i . Z-.fV.M.CZ.T.f.7, fl
2017 Fee Schedule -Page 3
Applicable
Application Type Fee Code Section
INDUSTRIAL REVENUE BOND APPLICATIONS
Minimum Project Valuation: $250,000.00
Application Fee: 0.1% of project valuation
($250.00 minimum) plus
$5,000.00 deposit for legal/administrative expenses
SERVICE RATES, SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Sec. 75-9, Sec. 78-42
Per Fee Schedule set forth below:
Professional Time $ 50.00/hour
Clerical Time $ 30.00/hour
Legal/Engineering Consultants Actual Billed Cost
Courier, Mileage/Copies/Postage/Etc. Actual Cost
AFTER -THE -FACT APPLICATION INVESTIGATION FEES (Resolution 1306)
(Applies to all application types including variances, conditional use permits, subdivision,
zoning amendments, rip -rap permits, special improvement reviews, grading permits, moving
permits, business licenses, kennel licenses, all building permits and all zoning permits.)
This permit fee may be waived by staff for resident property owners who have not involved a
contractor in their work, have no previous history of work without a permit and where such work
does not entail any zoning violations.
Whenever any work, use or division of land for which a formal application is required has been
commenced without first making such application and receiving City approval therefore, a
special investigation of the circumstances shall be made during the application process.
Because of the extra administrative costs involved in the special investigation, the minimum
application fee for after -the -fact applications shall be twice the fee set forth in the basic
fee schedule, whether or not the application is thereafter approved or denied. Payment of an
after -the -fact application fee shall not constitute approval or authorization of the work, use,
or division of land, and shall not constitute a penalty or a waiver of the right of the City to
institute civil or criminal legal actions against the applicant for commencing such work, use
or division of land without the required prior approval of the City.
After -the -Fact Investigation Fee Amount:
Equal to and in addition to
the basic fee amount (total
fee is twice the basic fee
amount).
Res. 1306
2017 Fee Schedule -Page 4
.. .. .. . .. .. . . .. .. . .. .. .. .... . . .. .
0 of the land being platted OF subdivided-.
(Exelusive of lot that ineludes an existing r-esidenee.)
1.W.
.. .. .. . . . .. . . .. ... .. . .. .. . ... . . ..
.. . .. . .... .. . .. .. . .. .... .. ... ..... .
�rrr�r �� ► . .�rer�r`�rniis�
r ��rrrrr�r.�ss:rsi � tir.�sz� � rr� �.r. � :rR+�.rn rrrr. ensra� etir� rsr�s .��r�r,�r`sniis�
2017 Fee Schedule -Page 5
STORM WATER AND DRAINAGE TRUNK FEES 5% Sec. 14-281 thru 14-287
Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the
City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency factor multiplier is assigned to each land use type, with a 2 -acre
residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various zoning
districts and land uses in the City.
Storm Water and Drainage Trunk Fees (amended Julv 2015)
New Development Land Use
Trunk Fee per Acre
Maximum Trunk Fee per Lot
Single Family Residential 5 Acre Zone
$3,230
$15,375 (1),(2),(4)
Single Family Residential 2 Acre Zone
$4,030
$7,680 (1),(3),(4)
Single Family Residential 1 Acre Zone
$5,250
$5,000 (1), (5)
Single Family Residential 1/2 Acre Zone
$6,050
$2,883 (1),(6)
Multi Family Residential 4 Units/Acre or Less
$7,275
NA (7)
Multi Family Residential Greater than 4 Units/Acre
$8,490
NA (7)
Commercial or Industrial
$9,690
NA
1. Trunk fee charged on per lot basis. For the 5 -acre, 2 -acre, 1 -acre and 1/2 -acre zoning districts, the trunk fee shall be charged on a per -lot basis. Only acreage platted as building lots shall
be charged the trunk fee. Acreage platted as road -rights-of-way or out lots for other purposes shall not be charged the trunk fee. The dollar amount calculated by multiplying (a) the number
of new lots by (b) the zoning district base acreage per lot by (c) the base trunk fee per lot established in the City Fee Schedule, shall be deemed the Base Development Trunk Fee.
2. Maximum fee. For the five -acre zoning district, any lot exceeding 5.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 5.0 acre parcel.
3. Maximum fee. For the two -acre zoning districts, any lot exceeding 2.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 2.0 acre parcel.
4. Fee Credits. For the two -acre and five -acre zoning districts, a combined reduction of up to 50% of the Base Development Trunk Fee shall be allowed for the percentage of the total
development property acreage in one or more of the following categories:
- acreage of newly -created wetland.
- acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the
development site.
- acreage of conservation easements resulting from Conservation Design process.
5. Maximum fee. For the one -acre zoning districts, any lot exceeding 1.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 1.0 acre parcel.
6. Maximum fee. For the 1/2 -acre zoning districts, any lot exceeding 0.5 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 0.5 acre parcel.
7. Multi -family and High -Density Single Family Developments. Trunk fee shall be charged on a per -acre basis, except that the following acreages will not be subject to the trunk fee:
- all wetland acreage up to the delineation line
- acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the
development site.
- acreage of conservation easements resulting from Conservation Design process
2017 Fee Schedule -Page 6
I i i
...
NOFMal Fee (per- 2008 Building PeFMit Fee Table Based on Valuation)
Plan Review Fee--
Commer-emal (per 2014 Building Permit Fee Table Based on Valuation)
Residential 650/6 of Building Permit L'....
Building Valuation Standard (per Current 1.0 B.O. Building Standards/Building Valuation Daw
Retaining Walls $25.0-0 iiniinnirnn.-_-�___
2017 Fee Schedule -Page 7
• I 11
1 1 1 I I •
1 1 1 1 •
1
_ II 1 • 1 1 ► • • 1 � � • 1 111
—or required inspeetion beyond initial inspe
Applieation and Erosion Control ESeFOW 7
500.00
ENCROACHMENT PERMIT/ENCROACHMENT AGREEMENT $150.00
TENT/CANOPY PERMITS $90000
TIETi ANT BUFFER ESCROW $2,000.00 ,...;,,:.,,um 781601 (e); ^/c7- 78 cove
Amount to be determined based on project
ZONING PERMIT
City Administrator may require an erosion control escrow for proiects disturbing soils $1,000.00
nn�-Rls$IDENTIAE $58�
DOCKS _ COMMERCIAL $50.00 + engineering-ebar-ges
rA,.PPlieatiOn EserOw! Grading, Exeayatien and Filling $3,000:00 SeFies
*incl. des ir,FOSiOR Control .. F Seetion 7-9
GRADING, EXCAVATION, FILLING/LAND
,
A i TPi
ALTERATION TION 500 cuboe yards 9-x
less $ 50.00 + engineering charges
501 4= eubieyards $50.00 Cond;tional Use Permit
Grading,NOTEt 501 cubic yards or a Conditional Use Per -mot
unless approved as part of uilding �ermit.
Exeavation and Filling $2,000.00 A,
fd__C_;_6
*
2017 Fee Schedule -Page 8
ZONING PERMIT (CONTINUED)
STAIRWAY TO LAKE $50.00 + engineering charges
ipploeat-ion Eser---owt Grading, Exeavation and T.;1l;ng $2,000 .00 ArA I AlT, IA-Ser-ies
*ineludes Erosion Control per Seetion 79
REMOVAL WITHIN 0 75'
MIALLS Not r-eqtliFiHg a Building Permit
NOTE! 501 eubie or ---- . --- a Conditional
Use Permit
NO FEE
GFading
See. 78 281 thFU 78-2
Permit required
yards
unless approved as part of building peFMit
STRUCTURE PERMIT including but not limited to
and platfOFMS not requiring a Building PeFMit
aecessory struetures, deeks
$50.00 *
engineering charges
nppheatior. nserow: New Structure
$2,580.09 See. 78 42
*includes Erosion Control per- Section 79
DT UAiiRINC PERMIT
Minimum Fee foF Plumbing Permit
Baek Flow Pr-eventeF Registration
Mail in postage & handling ehar-ge
4.250% of
$ 50.00
$10.0-0
$
contract -price or
minifflu
See. 603 4 State Plambing Code
MECHANICAL PERMIT
Residential, Sinele Famil v v Duplex by i uIta
Commer-eial, WHOARI & Multi Family Residential by Unit Type $ 50.00 minimum fee oF
0
,46 Of eOHtFaet. *
2017 Fee Schedule -Page 9
2017 Fee Schedule -Page 10
ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES[AE11[RD2]
Connection fees have been determined as a way to provide a fair and equitable recovery of the costs associated with providing water and wastewater utility services to new
customers to avoid placing these costs on existing customers. The connection fee includes those portions of existing assets that will benefit new customers together with any
anticipated future capital improvements constructed for the purpose of providing utility services to new customers. The connection charge applies to those properties not previously
assessed for the associated utility project.
2017 Fee Schedule -Page 11
SEWER PROJECTS
Connection to existing City Sewer Systems: $5,100
Connection to City Sewer in areas still within their assessment window (less than 15 years since project was assessed) shall pay a prorated amount equivalent to the assessment
residences were charged at the time of the project:
Connection to sewer system in adjacent city
Fee
Connection to Long Lake Sewer System $1,900.00 or per current Long Lake Fee Schedule
Connection to Wayzata Sewer System $632.00 or per current Wayzata Fee Schedule
WATER Connections
Connection to existing City Water Main: $4,240
2017 Fee Schedule -Page 12
Fee
2003-1 North Long Lake East
$15,460.00
2003-2 Old Long Lake Road
$ 9,130.00
2003-3 Sixth Ave N/Brown Rd (Phillips)
$11,940.00
2004 North Long Lake East Extension
$14,610.00
2004 West Farm/Homestead
$ 8,765.00
2005-1 Webber Hills/S Brown Rd Ext
$13,280.00
2005-1 Dickey Lake Dr N
$15,940.00
2006-1 Jamestown Road
$14,110.00
2007 Farview Lane Sewer
$10,650.00
Connection to sewer system in adjacent city
Fee
Connection to Long Lake Sewer System $1,900.00 or per current Long Lake Fee Schedule
Connection to Wayzata Sewer System $632.00 or per current Wayzata Fee Schedule
WATER Connections
Connection to existing City Water Main: $4,240
2017 Fee Schedule -Page 12
CONNECTION TO WATER SYSTEM IN ADJACENT CITY
Connection to Long Lake Water System
Connection to Wayzata Water System
Water Meter & Horn Fees
Fee
$1,900.00 or per current Long Lake Fee Schedule
$2,275.00 or per current Wayzata Fee Schedule
5/8" (3/4"x7-1/2") meter with horn including sales tax current cost Res. #5101
3/4" (3/4"x9") meter with horn including sales tax current cost
1" meter with horn including sales tax current cost
Larger meter quote Basis
SEWER AND WATER UNIT ADJUSTMENT CHARGES
CHARGES
Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an
area already assessed and served by municipal sewer and water.
CREDIT
Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use.
UNIT CHARGE
Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services
or its successor and shall be payable to the City of Orono upon application for a building permit.
2017 Fee Schedule -Page 13
2017 Fee Schedule -Page 14
Fire Prevention Inspection No
Fire Code Permits $5
Charge
4 Building Table Ba Valuation
Permit ee—.-��se �,--�tfen
of permitFire
1 Fir 1...-m
o�.,:tex�-�-a-.z-« e�-�..
Plan Review Fee 0
,,o
Sprinkler- Systems Commercial $50.00
Sunhar-ge
Kitehen Fire Extinguishing System Commemial PeF
monimum fee or
0
based on valuation
2008 Building PeFMit Fee Table Based on Valuation
Up to 5 times per year No Charge 58 486,58 1
For Eae l Reinspection $20.00
2017 Fee Schedule -Page 15
LICENSES & MISCELLANEOUS CHARGES
Fee
COMMERCIAL MARINA LICENSE
Application Fee (initial) $300.00
Renewal Application & Inspection Fee $200.00
(annual) plus:
Late fee $100.00
JOINT USE DOCK LICENSE
Application Fee (Initial) $ _50.00
Renewal Application Fee $ 20.00
Plus each slip $ 2.00
Late Fee $ 25.00
CANOE RACK RENTAL $40.00/slip
GARBAGE HAULER LICENSE - flat rate $ 75.00
- per hauler $ 15.00/truck
- transfer fee $ 30.00
HOME OCCUPATION LICENSE (Level 2) $ 100.00 Initial Review Fee
$ 30.00 (Annual Review Fee)
TEMPORARY TRAILERS & BUILDINGS $ 30.00
LICENSE
ZONING DEPARTMENT DOCUMENTS
2000-2020 Comprehensive Plan $ 75.00
Municipal Code Book - complete $ 60.00 w/binder
(Ch. 1-94 w/revisions)
Municipal Code Book - Portions
Ch 78 only (Zoning Code) w/revisions $ 25.00 loose
Ch 82 only (Subdiv. Code) w/revisions $ 15.00 loose
Other Individual Chapters $ .25/page
Binder $ 5.00
Comp. Plan Amendment #2 (Hwy 12) $ 5.00
Applicable
Code Section
Ch. 54, Article IH
Sec. 26-76
2017 Fee Schedule -Page 16
Document Type
Appli...,ble
�AP
Fee Code Seefi"
_GIS and City Maps
8 %x11 11x17 17x22 2204
Black & white
$0.25 $1.00 $2.00 $ 4.00
Color
$2.00 $4.00 $8.00 $16.00
City Street Number Maps
$0.25 $2.00 --- $ 5.00
Building & Planning Publications
As Posted - Prices subject
to change
General Administrative Licenses/Fines
Gambling & Raffle Investigation
Massage Therapy License
Background Investigation
Annual Renewal
Solicitor/Transient Merchant/Peddler License
Tobacco Licenses
Licensee or Employee Violations within 24 month period
1st Offense
2nd Offense
3rd Offense & Over
Penalty for Use of Tobacco Where Prohibited
General Administrative Documents
Listing Information
Assessment Search - Written
(Verbal searches not given)
Fax Charge
Copy Service (for public City records only)
11" x 17" copies
Individual copies of Ordinance Sections (1 copy)
Reprint of Oversized Documents that
have been microfilmed
Building Plan Copies
Current Street Address Book
$ 10.00 Ch. 38, Article II
$100.00 Ch. 31, Article II
$150.00
$100.00
$100.00 plus actual costs Ch. 30
up to $1,500
$125.00 Ch. 50, Article 11
$150.00
$400.00
$500.00
$100.00 Sec. 51-5
$ 10.00
$ 20.00/parcel
No charge up to 6 pages; $.25 each additional page
$ .25 each
$ 1.00 each
No Charge
Cost of copying service, Messenger service &
Min. Clerical Fee of $5.00 (entire amount to be
paid upon request)
Cost of Copying, Messenger Service &
Min. Clerical Fee of $5.00 (entire amount to be
paid upon request)
$ 25.00
2017 Fee Schedule -Page 17
General Administrative Doeumen
Labels from Utility Billing System
Electronic Labels
Information Provided on CD
Information Provided on DVD
Mail-in Postage and Handling Charge
Surcharge for Staff Expense in Excess of Regular Fees
Professional Time
Clerical Time
Legal/Engineering Consultants
Mileage/Copies/Postage/Etc.
Returned Check Charge
KENNEL LICENSES
Commercial Application & Inspection Fee (Annual)
Residential Application & Inspection Fee (Annual)
DOGS AT LARGE - RELEASE FEE
First Offense
Second Offense
Third Offense
After Hours, Weekend & Holiday Release Charge
ANIMALS AT LARGE (Other than dogs) - Release Fee
First Offense
Second Offense
Third Offense
Trace & Catch Animal
Trailer Charge
CARE OF IMPOUNDED ANIMAL
$ .05 per label (approximately $150.00)
$ 10.00
$ 10.00 per CD
$ 20.00 per DVD
$ 2.00 + actual cost if more than $2.00
$ 50.00/hour
S 30.00/hour
Actual Billed Cost
Actual Cost
$ 20.00
$150.00 Sec. 62-161 thru 62-185
$ 50.00
Sec. 62-104
$ 60.00
$ 80.00
$100.00
S75.00
Ch. 62, Article I
$ 55.00
$ 65.00
$ 75.00
$ 35.00/hour
$ 55.00 plus .31 mile (total distance)
Actual Cost
2017 Fee Schedule -Page 18
Police Department Administered
BEER, WINE & LIQUOR LICENSES
Initial Investigation On-Sale/Off-Sale Liquor/3.2 Beer On Sale/
3.2 % Malt Liquor Off Sale/Wine
In state investigation
Out state investigation
Off -Sale Liquor License
On -Sale Liquor License
On -Sale Wine License
3.2 % Malt Liquor Off -Sale (Annual)
3.2 % Malt Liquor On -Sale (Annual)
Setup (Annual)
Club Liquor License (weekday)
(Sunday)
Temporary Set-up Permit (1-4 days)
Temporary On Sale 3.2% Malt Liquor (1-7 days)
Temporary Off -Sale Wine License (wine auction)
Temporary On -Sale Wine License (1-4 days)
Temporary On -Sale Liquor License (1-4 days)
Liquor Violations (3 years immediately prior to date of most current violation)
1 I Violation
2" Violation
31 Violation
4' Violation
AMUSEMENT DEVICE LICENSES
Per Establishment (Annual)
Per Machine Fee
PUBLIC DANCE LICENSE (annual)
(Individual Permit)
LARGE ASSEMBLY PERMIT (over 300 people)
FIREWORKS PERMIT
Display of Fireworks/Pyrotechnic Special Effects
Sale and/or Storage of Consumer Fireworks
$500.00 per License
Ch. 34, Article II
Collected at Application
Actual cost up to $10,000
Actual cost
$150.00
Sec. 34-66
$5,000.00
Sec. 34-66
$2,000.00
Sec. 34-77
$ 50.00
Sec. 34-66
$ 100.00
Sec. 34-66
$ 100.00
Sec. 34-126; 34-143
$ 200.00
Sec. 34-66
$ 200.00
Sec. 34-66
$ 25.00/each
Sec. 34-42
$ 25.00/each
Sec. 34-82
$ 25.00/each
Sec. 34-42
$ 25.00/each
Sec. 34-42
$ 25.00/each
Sec. 34-42
$500.00 Sec. 34-41
$1,000 & 3 day license suspension
$2,000 & 2 week license suspension
License revocation
$100.00 + machine fee
$ 25.00 each
$100.00
$ 10.00
Sec. 38-601 thru 38-603
Sec. 38-501 thru 38-506
$200.00 + $60.00 each Sec. 38-801 thru 38-803
additional day; actual costs up to $1,500
$ 50.00
$ 50.00
Sec. 70-99
2017 Fee Schedule -Page 19
FIREARMS DISCHARGE PERMIT Ch. 70, Article III
Pest Control (limited use) $ 25.00
Game Animals (limited use) $ 25.00
Target Shooting (limited use) $ 25.00
Annual (Club Only) $ 25.00
LIMITED TRAPPING PERMIT
SPECIAL EVENTS PERMIT
(Includes Parades, Noise Exemption, Use of Public Property)
FALSE POLICE ALARM USER FEES
First false alarm/calendar year
Second false alarm/calendar year
Third false alarm/calendar year
Fourth false alarm/calendar year
Fifth and over false alarm/calendar year
FALSE FIRE ALARM USER FEES
First false alarm/calendar year
Second false alarm/calendar year
Third false alarm/calendar year
Fourth false alarm/calendar year
Fifth & over false alarm/calendar year
FINGERPRINTING SERVICE
POLICE SPECIAL SERVICES (Officer 119 rate)
Police Reserve Officers
$ 20.00 Sec. 70-71
$ 50.00 or $200.00 if over Ch. 66, Article VI
200 people; actual costs up to $1,500
Double fee if application not received
10 business days prior to event
No Charge
$ 50.00
$100.00
$150.00
$250.00
No Charge
$ 75.00
$250.00
$350.00
$500.00 each call
$ 25.00/application
RESIDENTS ONLY
(Citizenship No Charge)
$100.00 per hour
$25.00 per hour
Ch. 42, Article III
Ch. 42, Article III
2017 Fee Schedule -Page 20
COPY SERVICE - Police Records
First Two Copies
Additional Copies
PHOTOS
"NO PARKING ORDER OF POLICE"
paper signs
(no lath included)
AUDIO CD's
VIDEO DVD's
STATEMENTS
FIREARMS STORAGE FEES
$ 0.25 per page
$ 0.25 each
More than 100 pages (actual costs)
$10.00 on CD
$ 1.00 each
$ 10.00 each
$20.00
$10.00 for CD & (transcribed copy or CD when available; subject
to Data Privacy Act - will be charged an actual hourly fee)
$50.00 per gun (Police Policy 3056)
2017 Fee Schedule -Page 21
PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGESApplienbleApp! & eation Type Fee Code SeetWn
Utility Service Rates - Effective beginning First Quarter 2016
MUNICIPAL SEWER RATE by unit: 1st $144.98/per quarter
2nd X128.13/per quarter
by flow: $5.35/1000 gallon plus
$13.86/per quarter/per connection
Long Lake Service
Base Fee
Flow
Wayzata Service
Metered Service
Base Charge
Flow
Unmetered Service
Per property
$21.63 /per quarter
$6.49/1000 gallon
$21.63/per quarter
$5.95/1000 gallon
$165.90/per quarter
Some Properties on Mytlewood and Old Long Lake Road
are not connected to water. Wayzata bills Orono based on a
quarterly usage of 25,000 gallons. Charge is based on the metered
rates and 25,000 gallons.
MUNICIPAL WATER RATES
Navarre Area (Area #1) and Hwv 12 (Area #2
Billing & Ready to Serve Chg
$42.56/qtr
Water Usage Rate
Residential
Tier 1 (0-10,000 gal)
$3.81/1000 gal
Tier 2 (11-25,000 gal)
$4.77/1000 gal
Tier 3 (>25,000 gal)
$7.16/1000 gal
Multi Family
Tier 1 (0-50,000 gal)
$3.81/1000 gal
Tier 2 (51-150,000 gal)
$4.77/1000 gal
Tier 3 (>150,000 gal)
$7.16/1000 gal
Commercial
Tier 1 (0-50,000 gal)
$3.81/1000 gal
Tier 2 (51-150,000 gal)
$4.77/1000 gal
Tier 3 (>150,000 gal)
$7.16/1000 gal
Res. #5911
2017 Fee Schedule -Page 22
Unconnected Property Chg
ready to serve/hydrant chg)
MUNICIPAL WATER RATES
Chevy Chase Area (Area #3)
Billing & Ready to Serve Chg
Water Usage Rate
Residential
Tier 1 (0-15,000 gal)
Tier 2 (16-25,000 gal)
Tier 3 (>25,000 gal)
Federally Mandated Safe Drinking Water
Testing Program
(Charged per service connection)
Quarterly Service Charge for Non -Functioning
or Inaccessible Water Meter
$42.56/qtr
$27.23/qtr
$3.81/1000 gal
$4.77/1000 gal
$7.16/1000 gal
$ 6.36 per year on second quarter billing
$ 50.00
Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1
Water Usage Rate $3.46/1000 gallons
Billing $40.60
Bulk sale - All Others - $25.00 per location plus area rate per/1,000 gallons.
i.e. Fill swimming pool or watering sod.
Penalty for late payment of sewer/water bills - 8% after 30 days from
billing date (applied to the total unpaid balance). Interest at 8% on
unpaid water/sewer bills certified.
Charge for Unpaid Accounts Certified for Assessment $ 25.00
Water Turn -On $ 25.00 Minimum
Water Turn-off $ 25.00 Minimum
Water System Repair/Replacement if damage caused by property owner:
Labor - Current Hourly Rate
Parts - At Cost
Res. #5492
Ord. 218, 2"d Series
2017 Fee Schedule -Page 23
MUNICIPAL STORM WATER UTILITY RATES Sec. 14-251 thru 14-287
The basic intent of storm water regulations is to minimize the impact of development on natural drainage systems.
Any development in an area will change the natural conditions by increasing the total volume of runoff and the level
of pollutant loading. The storm water utility provides dedicated funds to operate, maintain, manage, construct or
reconstruct the municipal storm water drainage system. Residential properties will be charged one residential unit fee for
each residential unit on the property. Non-residential properties will be charged the appropriate number of residential unit fees
based on the "Residential Equivalent Factor" for the property.
One residential unit: $20.12/per quarter Res. #5911
Non-residential unit: Based on "Residential Equivalent Factor"
RECYCLING CHARGE $36.00/year Res. 3011
Recycling Cart from Waste Management No Charge
SUMP PUMP SURCHARGE $100.00 per month Sec. 14-189
2017 Fee Schedule -Page 24
FALL RATES (Begins 1' Monday of Oetober)
ist Nine Holes Fall 12.00
2nd None Holes Fall 5.00
junior "'�years or younger) $ 8.00
Senior- Fall (60 years OF oldeF) 8.0-0
2017 Fee Schedule -Page 25
1 X 1 1 1 1 1
1 1 1 1 1 1 1 1I off
1 1 11 11
1 1 1 1 1 1
YiL64=
FALL RATES (Begins 1' Monday of Oetober)
ist Nine Holes Fall 12.00
2nd None Holes Fall 5.00
junior "'�years or younger) $ 8.00
Senior- Fall (60 years OF oldeF) 8.0-0
2017 Fee Schedule -Page 25
PUBLIC WORKS SUPPLIES & SERVICES
Address Change Request by Owner
$ 50.00 per address
Driveway Culverts
On Quote Basis
(sale only, not installed)
Driveway/Curb-Cut Permits
Individual Driveways
$50.00/permit
New Street Intersections (See zoning section - Special improvement fees)
75. Elevated Antenna Tower Lease (includes 101x10'
area if available)
1-5 Antennas
$21,000 annually
6-10 Antennas
$350/antenna/month
More than 10 Antennas
$375/antenna/month
No Parking Signs (temporary without lath)
$ 1.00 each
On -Call Service to Other Cities
Base On -Call Fee
$50/day
Call -Out Fee
Based on actual wage and equipment rental rates
Water Meter Sales (See Building Permit Section)
Wetland Buffer Signs $ 8.00
2017 Fee Schedule -Page 26
Par -k Violations
Hour- of OpeFatiOR $60 22 89
No Permit $60 22 M
Feees Clean Up $60 22 95, 22 102 & 22 114
2017 Fee Schedule -Page 27
2017 Fee Schedule -Page 28
SECTION 3. This ordinance establishing the 2017 Fee Schedule shall be published as a Summary Ordinance in The Laker and The Pioneer
newspapers and shall be effective on September 1, 2017.
Adopted by the City Council of the City of Orono on this 24th day of July 2017 with a vote of ayes and nays.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor
Summary Ordinance to be published in The Laker and The Pioneer newspapers the week of
2017 Fee Schedule -Page 29
2014 Fee Schedule -Page 34
Exhibit A
Planning, Building, and Zoning
All fees, unless otherwise noted, are application fees and are non-refundable after staff work has begun on the application.
All after the fact applications are double fees. All applications are responsible for actual costs incurred by the city by its' consultants in
the review of the application.
$
50.00
$ 50.00
$
Zoning Administration Application Escrow is $700,
unless otherwise
noted
$
150.00
Application
2017 Fee
Adjusted Fee
Escrow
Notes
Zoning Administration
$ 50.00
$
50.00
78-1577 (C)
Variance
$
700.00
$ 275.00
1 st Extension
$
50.00
$ 50.00
Staff approved
2nd and subsequent
$
275.00
$ 275.00
City Council meeting
Conditional Use Permit
$
700.00
$ 275.00
CUP amendment
$
700.00
$ 275.00
1st Extension
$
350.00
$ 50.00
Staff approved
Site Plan Review
$
700.00
$ 275.00
Zoning Amendments including map amendments
$
700.00
$ 275.00
+ Consultant fees
Comprehensive Plan Amendment
$
700.00
$ 275.00
+ Consultant fees
Subdivision
Subdivision: Sketch
$
350.00
$ 275.00
$ 1,000.00
Subdivision: Class I and H
$
700.00
$ 275.00
$ 1,000.00
Subdivision: Class III Pre Plat
850 +30/ lot
$ 505.00
$ 5,000.00
Subdivision: Final Plat
$
700.00
$ 500.00
$ 2,500.00
Subdivision: Preliminary plat extension
$
350.00
$ 350.00
Subdivision Exception
Vacations
Vacations: Road
$ 50.00 n/a
$ 700.00 $ 275.00
Vacation: Easement not associated with subdivisions $
Vacation: Easements associated with a subdivision $
Easement creation, see class I subdivision
Appeal of Administrative Decision $
Zoning Permit
Stairway to Lake
Structures not requiring a building permit
Encroachment Permit/ Agreement
Tree removal in shore setback
Signs (Alteration of face, cabinent, or raceway)
Vehicle Storage
Land Alteration
Escrow is currently $2,000
City Administrator may require an erosion control
escrow for projects disturbing soils.
Tent/ Canopy Permits
Building Code Administration
Building permits
Plan Review Fee
Minimum
Sign structure
Entrance monuments
275.00 $ 275.00
200.00 $ -
50.00 $ 150.00
$ 50.00
$
50.00
$ 50.00
$
50.00
plus engineering costs
$ 150.00
$
150.00
$ 50.00
$
50.00
$ 50.00
$
50.00
78-1577 (C)
$ 50.00
$
50.00
$ 1,000.00 May also require a CUP
$ 50.00 $ 50.00
Based on Value Based on Value
Table Table
65% of Building 65% of Building
Permit Fee Permit Fee
$ 50.00 $ 26.25
Based on Value
Table
Based on Value
Table
Temporary Certificate of Occupancy S 10,000.00 3% of project value, not to exceed $10,000
City Administrator may require an erosion control
escrow for projects disturbing soils. $ 1,000.00
Valuation based on ICC 2012 Building Valuation
tables
Total Valuation
Fee
$1.00 to $500
$26.25
$501.00 to $2,000.00
$26.25 for the first $500.00 plus $3.41 for each additional $100.00, or fraction thereof, to
10.00
and including $2,000.00
$2,001.00 to $25,000.00
$77.40 for the first $2,000.00 plus $15.49 for each additional $1,000.00, or fraction
Plumbing minimum
thereof, to and including $25,000.00
$25,001.00 to $50,000.00
$433.67 for the first $25,000.00 plus $11.29 for each additional $1,000.00, or fraction
26.25
thereof, to and including $50,000.00
$50,001.00 to $100,000.00
$715.92 for the first $50,000.00 plus $7.88 for each additional $1,000.00, or fraction
2.00
thereof, to and including $100,000.00
$100,001.00 to $500,000.00
$1109.92 for the fust $100,000.00 plus $6.30 for each additional $1,000.00, or fraction
Mechanical (All Types)
thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00
$3,629.92 for the first $500,000.00 plus $5.25 for each additional $1,000.00, or fraction
Mechanical Minimum
thereof, to and including $1,000,000.00
$1,000,001.00 and up
$6,254.92 for the first $1,000,000.00 plus $4.20 for each additional $1,000.00, or
26.25
fraction thereof
Demolition: Principal structure
Demolition: Accessory structure
Retaining walls
$ 100.00 $ 100.00 $ 1,000.00
$ 50.00 $ 50.00
Based on Value Based on Value
Table Table $ 1,000.00 May require CUP
Plumbing
1.25% of project
1.25% of project
n/a
Backflow registration
$
10.00
$
10.00
Plumbing minimum
$
50.00
$
26.25
Mail -in postage and handling surcharge
$
2.00
$
2.00
Mechanical (All Types)
1.25% of project
1.25% of project
n/a
Mechanical Minimum
$
50.00
$
26.25
Tent/ Canopy
$
50.00
$
50.00
Mail -in postage and handling surcharge
$
2.00
$
2.00
Municipal Connection permit
n/a
Sewer
$
50.00
$
50.00
SAC (Sewer Availability Charge) (MCES)
$
2,485.00
$
2,485.00
Water
$
50.00
$
50.00
Horn
Quote Basis
Quote Basis
Mail -in postage and handling surcharge
$
2.00
$
2.00
Septic
n/a
Residential System Permit, Repair
$
100.00
$
100.00
Residential System Permit, New/ replace
$ 400 +
20 per insp $
460.00
Non -Residential System Permit
$ 200 +
20 per insp $
260.00
Subdivision site evaluation review
$
60.00
$
60.00
Inspection surcharge for RS zones (Big and Deering
$
30.00
$
30.00
island
Reinspection fee
$
30.00
$
30.00
Site inspection without permit
$
30.00
$
30.00
$45.00/per year, plus
$45.00/per year, plus
late fee
plus 8%
late fee
plus 8%
interest
for unpaid
interest
for unpaid
Annual Septic Fee
charges
charges
Septic Late Fee
$
10.00
$
10.00
Contractural Inspection Service
Per lot
plus cost of boat rental if
transportation not
provided.
plus 30/ hour after 1st
hour
Fire
Monthly Retainer Fee
(Includes clerical time)
$30/ month $30/ month
Charge Inspection $30.00 per $30.00 per inspection
p g inspection
Per 2008 Building Per 2008 Building
Permit Fee Based on Permit Fee Based on
Plan Review Charge Valuation Valuation
Clerical Fee (Only charged if clerical use is excessive) $20.00 per hour) $20.00 per hour)
Fire Protection inspection
Fire Code Permit
Commercial Fire Alarm
Fire Plan review fee
Fire Sprinkler Systsmes - Commercial
Burning permits
Reinspection
Park Dedication
certified
certified
Value
Value
65% of permit fee
65% of permit fee
1.25 of contract
$ 20.00
$ 20.00
Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds,
trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount
as may be determined by the City Council, as set forth below:
(1) Residential/Agricultural/Multiple Residential Zoned Land.
Dedication requirement of 8% of the land being platted or subdivided.
(Exclusive of lot that includes an existing residence.)
(2) Commercial/Industrial Zoned Land.
Dedicated requirement of 8% of the land being platted or
subdivided.
Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu
of a conveyance or dedication of land, the cash contribution to be contributed shall be that would otherwise have been
conveyed or dedicated. The City shall account for such funds inequivalent to the fair market value of the equivalent
undeveloped land a special fund named Park Dedication Funds.
The City Council has established by resolution a minimum residential park fee of $3,250 per dwelling unit
and a maximum of $5,550 per dwelling unit.
The City Council has established by resolution a minimum commercial/industrial park fee of $8,125 per
acre and a maximum of $13,875 per acre.
Res. 4738 (12-10-01)
Res. 4739 (12-10-01)
Exhibit B
Administrative Offenses (Police Administered)
Park Violations
Hours of Operation
$ 60.00
22-89
Applicable Code or MN
$ 60.00
22-92
No Permit
State Statute (MSS) Number
Traffic/ Vehicle Offences
Fee
$ 60.00
22-95, 22-102 & 22-114
Unsafe Operation
$ 60.00
60.00
66-259
Unreasonable Acceleration
$
60.00
66-258
Exhibition Driving
$
60.00
66-7
Failure to Obey Traffic Control
$
60.00
169.06 MSS
Expired Registration
$
60.00
169.79 MSS
Unsafe Equipment
$
60.00
169.47 MSS
Loud Exhaust
$
60.00
169.69 MSS
No Driver License in Possession
$
60.00
171.08 MSS
Failure to Change Address on DL
$
60.00
171.11 MSS
Driving to Avoid Traffic Signal
$
60.00
66-5
Snowmobile Violations
Operation
$
60.00
66-159
Equipment
$
60.00
66-160
Hours of Operation
$
60.00
66-159
Animals
$
60.00
Dog at Large
$
60.00
62-104
Animal License Required
$
60.00
62-131
Feces Clean Up
$
60.00
22-95 & 22-114
Barking Dog
$
60.00
62-10
Public Nuisances
$
60.00
Public Nuisance/General Prohibition
$
60.00
70-4
Peace and Safety Violation
$
60.00
70-166
Discharge of Firearm
$
60.00
70-97
Open Burning
No Permit
$
60.00
58-186
Negligent Burning
$
60.00
58-193
No Open Burning
$
60.00
58-193
Noise
Loud Noise Prohibited
$
60.00
58-120
Park Violations
Hours of Operation
$ 60.00
22-89
Operating a Motor Vehicle within Park
$ 60.00
22-92
No Permit
$ 60.00
22-102
Feces Clean Up
$ 60.00
22-95, 22-102 & 22-114
Signs Violations
$ 60.00
60.00
Violation of General Provisions
$ 60.00
18-4
Juvenile
$ 60.00
Miscellaneous
Curfew
$ 60.00
70-274
Possession of Tobacco
$ 60.00
609.685 Sub 3 MSS
Seasonal Overweight Vehicles
Placing Snow on Street
$
1,000-9,999 lbs overweight
.15 cents
169.824 Sub 1 MSS
per lb over
Parking
General
$
25.00
66-78
Seasonal 0200-0600 on
$
25.00
66-80
Street Prohibited
Handicapped
$
60.00
66-85
Fire Lane
$
25.00
46-85
Miscellaneous
Watering Restrictions
$
60.00
610.50 Sub 15 MSS
Placing Snow on Street
$
25.00
18-5
Exhibit C
Park Fees
GOLF COURSE FEES - Effective Date: 2017 Season
MONDAY THRU SUNDAY RATES
Individual (Regular) $ 18.00
Juniors (12 -18 years old) $ 12.00
Seniors (60 years or older) $ 15.00
Second Round $ 8.00
Children under 12 golf free with an adult
SEASON PASS RATES (Unlimited Play) Base Resident
Individual Season Pass $ 489.00 $ 425.00
Junior Season Pass (12 - 18 years old) $ 299.00 $ 260.00
Senior Season Pass (60 years or older) $ 374.00 $ 325.00
Family Season Pass $ 575.00 $ 560.00
(Entire Family*)
* Family meaning: Immediate family living in the same household. Children must
be 18 years old or younger.
GOLF CART RENTAL RATES
Motorized Cart Rental/Per Round
$
16.00
Pull Carts/Per Round
$
3.00
Golf Clubs/Per Round
$
3.00
FALL RATES (Begins 1St Monday of October)
1 st Nine Holes Fall
$
12.00
2nd Nine Holes Fall
$
5.00
Junior Fall (18 years or
$
8.00
younger)
Senior Fall (60 years or older) $ 8.00
CONCESSION RATES As Posted
LURTON PARK PASSES
Resident $ 25.00
Non -Resident $ 40.00
City council
Exhibit B
AGENDA ITEM
Item No.: 15 Date: July 10, 2017
Item Description: Review changes to the fee schedule as it pertains to Planning and
Zoning
Presenter: Jeremy Barnhart, Community Agenda Planning Department
Development Director Section: Report
1. Purpose. The purpose of this action item is to consider changes to the fee schedule as it applies to zoning
permits/ applications, and building, mechanical, and plumbing permits.
2. Background. The Development Process Review Committee has reviewed the fee schedule and
recommends changes intended to bring costs associated with development review more in line with actual
expenses incurred by the city. Currently, fees are based on all costs associated with a project, including a
portion of fixed costs associated with hosting staff and planning commission/ city council meetings. These
fees are estimated in the Exhibit B. They recommend adjusting the fees to remove these fixed costs
(recording fees, time spent in meetings, etc.) Their recommended fee schedule is illustrated on the attached
Exhibit A, which upon Council direction, staff intends to adopt as an appendix of the fee schedule, removing
the applicable sections from the fee schedule. Staff and the Committee's goal is to present the information in
an easier to understand manner.
The Committee also proposes reducing the minimum building permit fee from $50.00 to $26.25, which is
consistent with the adopted building permit valuation table. This will impact about 10% of the permits issued,
primarily small plumbing or mechanical projects.
The Development Process Review Committee compared Orono building and development fees with
neighboring communities, these comparisons are attached as Exhibits C and D, respectively.
Budget Impact. Adjustment to fees will impact the budget. This impact is summarized in the attached
Exhibit E. The city averages about 64 variance/ CUP, applications and 10 subdivision per year. Reducing the
application fee from $700.00 to $275.00 will show a shortfall of about $13,000 for 2017 (depending on when
the fee schedule is implemented), and general fund income will need to increase $29,000.00 for 2018.
Reducing the minimum building permit fee from $50 to $26.25 may impact the budget $3,400 in 2018 ($1,500
in 2017), based on the 4 year average.
Alternatively, the Council may elect to make changes to the fee schedule, but make them effective January 1,
2018, allowing for the budget to adjust appropriately.
The proposed fee schedule does not incorporate costs associated with the online permitting software,
CitizenServe, or the surcharges associated with online credit card payments. These costs will continue to be
studied and amendments may be suggested as part of the annual review of the fees, in Late Fall.
3. Staff Recommendation. Staff seeks direction, a final ordinance will be presented at a later meeting.
COUNCIL ACTION REQUESTED
By motion, direct staff as to changes to the fee schedule.
Exhibits
Exhibit A. Proposed fee schedule
Exhibit B. Development Review Costs
Exhibit C. Building Permit Fee comparison
Exhibit D. Land Use Application comparison
Exhibit E. Budget impact
Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: D51Z
2017 Fee Schedule
Planning, Building, and Zoning
All fees, unless otherwise noted, are application fees and are non-refundable after staff work has begun on the
application
All after the fact applications are double fees. All applications are responsible for actual costs incurred by the city by
its' consultants in the review of the application.
Application
Zoning Administration
Variance
1st Extension
2nd and subsequent
Conditional Use Permit
CUP amendment
1st Extension
Site Plan Review
Zoning Amendments including map amendments
P4D
P41B
Comprehensive Plan Amendment
Subdivision
Subdivision: Sketch
Subdivision: Class I and II
Subdivision: Class III Pre Plat
Subdivision: Final Plat
Subdivision: Preliminary plat extension
Subdivision escrow varies
Vacations
Vacations: Road
Current Proposed
Fee Fee Escrow Notes
$ 700.00
$ 275.00
$ 1,000.00
$ 50.00
$ 50.00
Staff approved
$ 275.00
$ 275.00
City Council meeting
$ 700.00
$ 275.00
$ 1,000.00
$ 700.00
$ 275.00
$ 1,000.00
$ 350.00
$ 50.00
Staff approved
$ 700.00
$ 275.00
$ 1,000.00
$ 700.00
35 .
$ 275.00
$ 1,000.00
+ Consultant fees
200 peF
aeFe
AFaeiel
$ 700.00 $ 275.00 $ 1,000.00 + Consultant fees
$ 350.00 $ 275.00 $ 1,000.00
$ 700.00 $ 275.00 $ 1,000.00
850+30/lot $ 500.00 $ 2,500.00
$ 700.00 $ 500.00 $ 2,500.00
$ 350.00 $ 350.00
$2,500-
$10,000
$ 700.00 $ 275.00
Vacation: Easement not associated with subdivisions $ 275.00 $ 275.00
Vacation: Easements associated with a subdivision
Easement creation, no other application
Appeal of Administrative Decision
Zoning Permit
Docks
Stairway to Lake
Structures not requiring a building permit
Encroachment Permit/ Agreement
Tree removal in shore setback
Signs (Alteration of cabinent/ raceway. Copy change
excluded)
Vehicle Storage
Land Alteration
Escrow is currently $2,000
City Administrator may require an erosion control
escrow for projects disturbing soils.
Building Code Administration
Building permits
Minimum
Sign structure
Entrance monuments
Temporary Certificate of Occupancy
$ 200.00 $ -
$ 700.00 $ 275.00 $ 1,000.00
$ 50.00 $ 150.00
$ 50.00
$ 50.00 $ 50.00
$ 50.00 $ 50.00
$ 150.00 $ 150.00
$ 1,000.00
35.00
plus engineering costs
$ 50.00 $ 50.00
$ 50.00 $ 50.00 78-1577 (C)
$ 50.00 $ 50.00 $ 1,000.00
Value Value
$ 50.00 $ 26.25
Value
Value
3% of project value, not to exceed $10,000
Council Exhibit A
Fee Schedule
City Administrator may require an erosion control
escrow for projects disturbing soils. $ 1,000.00
Valuation based on ICC 2012 Building Valuation tables
Total Valuation
Fee
$1.00 to $500
$26.25
$501.00 to $2,000.00
$26.25 for the first $500.00 plus $3.41 for each additional $100.00,
$
or fraction thereof, to and including $2,000.00
$2,001.00 to $25,000.00
$77.40 for the first $2,000.00 plus $15.49 for each additional
Retaining walls
$1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00
$433.67 for the first $25,000.00 plus $11.29 for each additional
Plumbing
$1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $100,000.00
$715.92 for the first $50,000.00 plus $7.88 for each additional
Fire Sprinkler Systsmes - Commercial
$1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00
$1109.92 for the first $100,000.00 plus $6.30 for each additional
$ 10.00
$1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00
$3,629.92 for the first $500,000.00 plus $5.25 for each additional
50.00
$1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up
$6,254.92 for the first $1,000,000.00 plus $4.20 for each additional
1.25%
$1,000.00, or fraction thereof
Demolition: Principal structure
$
100.00
$ 100.00 $ 1,000.00
$ 50.00
Demolition: Accessory structure
$
50.00
$ 50.00
Fire Plan review fee
Retaining walls
Value
Value $ 1,000.00
65% of
Plumbing
1.25%
of pi
1.25% of project
Fire Sprinkler Systsmes - Commercial
Backflow registration
$
10.00
$ 10.00
Plumbing minimum
$
50.00
$ 26.25
$ 20.00
Mechanical
1.25%
of pi
1.25% of project
Mechanical Minimum
$
50.00
$ 26.25
Tent/ Canopy
$
50.00
$ 50.00
Municipal Connection permit
Sewer
$
50.00
$ 50.00
SAC (Sewer Availability Charge) (MCES)
########
########
Water
$
50.00
$ 50.00
Meter
Quote Basi
Quote Basis
Septic
Subdivision site evaluation review
$
60.00
$ 60.00
Per lot
Inspection surcharge for RS zones (Big and Deering
$
30.00
$ 30.00
island
plus cost of boat rental
if transportation not
provided.
plus 30/ hour after 1st
Reinspection fee
$
30.00
$ 30.00
hour
Site inspection without permit
$
30.00
$ 30.00
Fire Protection inspection
$ -
$ -
Fire Code Permit
$ 50.00
$ 50.00
Commercial Fire Alarm
Value
Value
Fire Plan review fee
65% of
65% of
permit fee
permit fee
Fire Sprinkler Systsmes - Commercial
1.25 of
contract
Burning permits
$ -
$ -
Reinspection
$ 20.00
$ 20.00
Variances, CUP, Amendments
Preapplication meeting
Application intake (Create file, prepare envelopes
for public notice, data entry)
Legal notice publication cost
Initial group review
Correspondence (Comments, completeness)
Site inspection and photos
Commission report
PC meeting attendance
City Recorder
Council memo and Resolution
Council meeting attendance
City Recorder
Recording fees
Prep file for closure
Total Costs
Bolded Costs
Subdivisions
Preapplication meeting
Application intake (Create file, prepare envelopes
for public notice, data entry)
Legal notice publication cost
Initial group review
Review
Correspondence (Comments, completeness)
Site inspection, review, and photos
Commission report
PC meeting attendance
City Recorder
Council memo and Resolution
Council meeting attendance
City Recorder
0.3
0.5
1.5
0.5
1
2.5
0.25
1
2
0.25
0.5
Clerical
Actual
Professional
Professional
Professional
Professional
Professional
Professional
Clerical
Professional
Professional
Clerical
$ 9.00
$ 13.20
$ 25.00
$ 75.00
$ 25.00
$ 50.00
$ 125.00
$ 12.50
$ 50.00
$ 100.00
$ 12.50
$ 25.00
Follow up paperwork (Easements, agreements, etc.) 2 Professional $ 100.00
Recording fees Actual $ 50.00
Prep file for closure 0.25 Professional $ 12.50
Total Costs $ 734.70
Bolded Costs $ 571.50
Clerical Staff $30.00
assumes $12.00 per column inch, 1.1 inches
Council Exhibit B
Fee Schedule
Development costs summary
Hours Staff
Assumptions
1
Professional
$ 50.00
Professional staff $50.00
0.3
Clerical
$ 9.00
Clerical Staff $30.00
Actual
$ 13.20
Assumes $12.00 per column inch, 1.1 inches. A single notice
may include several applications, and ususally runs around
0.5
Professional
$ 25.00
0.5
Professional
$ 25.00
1
Professional
$ 50.00
2
Professional
$ 100.00
0.25
Professional
$ 12.50
1
Clerical
$ 50.00
1
Professional
$ 50.00
0.25
Professional
$ 12.50
0.5
Clerical
$ 25.00
Actual
$ 50.00
0.25
Professional
$ 12.50
$ 484.70
$ 321.50
1
Professional
$ 50.00
Professional staff $50.00
0.3
0.5
1.5
0.5
1
2.5
0.25
1
2
0.25
0.5
Clerical
Actual
Professional
Professional
Professional
Professional
Professional
Professional
Clerical
Professional
Professional
Clerical
$ 9.00
$ 13.20
$ 25.00
$ 75.00
$ 25.00
$ 50.00
$ 125.00
$ 12.50
$ 50.00
$ 100.00
$ 12.50
$ 25.00
Follow up paperwork (Easements, agreements, etc.) 2 Professional $ 100.00
Recording fees Actual $ 50.00
Prep file for closure 0.25 Professional $ 12.50
Total Costs $ 734.70
Bolded Costs $ 571.50
Clerical Staff $30.00
assumes $12.00 per column inch, 1.1 inches
Council Exhibit B
Fee Schedule
Council Exhibit C
Fee schedule
Project
$ 25,000.00
$
Building permit - Comparison
$
413.00
Valuation
Orono
Plymouth
Wayzata, Exclesior
Tonka Bay (1997)
Medina (1994)
$1.00 to $500
$26.25
$ 40.00
$ 25.00
$ 23.00
$ 21.00
1,206.75
$
1,133.75
$
$23.50 for the first $500.00
$ 350,000.00
$501.00 to $2,000.00
$26.25 for the first $500.00 plus $3.41 for
$
2,556.75
plus $3.41 for each
2,556.75
$
each additional
$
2,137.25
$ 1,500,000.00
$
8,354.92
$
$40.00/ $2.25 each $100
25/ 3.25 each 100
additional
$21/ $2.75 each $100
7,183.75
$100.00, or fraction thereof, to and including
6,387.25
$2,000.00
$2,001.00 to $25,000.00
$77.40 for the first $2,000.00 plus $15.49 for
each additional
$73.75/$14.75 each $1,000
$73.75/$14.75 each $1,000
$69.25/$14.00 each $1,000
$62.25/$12.50 each $1,000
$1,000.00, or fraction thereof, to and
including $25,000.00
$433.67 for the first $25,000.00 plus $11.29
$413.00/ $10.75 each
$413.00/ $10.75 each
$391.25/ $10.10 each
$25,001.00 to $50,000.00
for each additional
$1000
$1000
$1,000
$349.75/ $9.00 each $1000
$1,000.00, or fraction thereof, to and
including $50,000.00
$50,001.00 to $100,000.00
$715.92 for the first $50,000.00 plus $7.88
for each additional
$681.75/ $7.50 each $1,000
$681.75/ $7.50 each $1,000
$643.75/ $7.00 each $1,000
$574.75/ $6.25 each $1,000
$1,000.00, or fraction thereof, to and
including $100,000.00
$1109.92 for the first $100,000.00 plus $6.30
$1056.75/$6.00 each
$1056.75/$6.00 each
$100,001.00 to $500,000.00
for each additional
$1,000
$1,000
$993.75/ $5.60 each $1,000
$887.25/$5.00 each $1,000
$1,000.00, or fraction thereof, to and
including $500,000.00
$3,629.92 for the first $500,000.00 plus
$3456.75/ $5.00 each
$3456.75/ $5.00 each
$3,233.75/ $4.75 each
$2,887.25/ $4.25 each
$500,001.00 to $1,000,000.00
$5.25 for each
$1,000
$1,000
$1,000
$1,000
additional $1,000.00, or fraction thereof, to
and including $1,000,000
$6,254.92 for the first $1,000,000.00 plus
$5,608.75/ $3.15 each
$5,012.25/ $2.75 each
$1,000,001.00 and up
$4.20 for each
$5956.75/ $4.00 each 1,000
$5956.75/ $4.00 each 1,000
$1,000
1,000
additional $1,000.00, or fraction thereof
Project
$ 25,000.00
$
433.67
$
413.00
$
413.00
$
391.25
$
349.75
$ 125,000.00
$
1,267.42
$
1,206.75
$
1,206.75
$
1,133.75
$
1,012.25
$ 350,000.00
$
2,684.92
$
2,556.75
$
2,556.75
$
2,393.75
$
2,137.25
$ 1,500,000.00
$
8,354.92
$
7,965.75
$
7,956.75
$
7,183.75
$
6,387.25
Council Exhibit D
Fee Schedule
Land Use application fees -Comparison
Orono
Plymouth
Wayzata
Tonka Bay
Medina
Billed, $80/ hour
Variance
$
700.00
$
200.00
$ 289.00
$
150.00
professional staff
Escrow
$
2,500.00
$ 3,060.00
$
1,150.00
$ 1,000.00
Billed, $80/ hour
CUP
$
700.00
$
400.00
$ 289.34
$
150.00
professional staff
Escrow
$
700.00
$ 3,060.00
$
1,150.00
$ 1,000.00
Billed, $80/ hour
Preliminary
850 +30/ lot
$
300.00
$289.00-$572.00
$
150.00
professional staff
Escrow
2500-10000
2000-3500
$ 7,140.00
$
1,150.00
$ 5,000.00
Billed, $80/ hour
Final Plat
$
700.00
$
200.00
$289.00-$572.00
$
150.00
professional staff
Escrow
$
700.00
2000-3500
$ 2,040.00
$
1,150.00
$ 5,000.00
$7,140 for plats
Council Exhibit E
Fee schedule
Land Use Budget impact
64 applications at current rate ($700.00) $ 44,800.00
64 applications at proposed rate ($275.00) $ 17,600.00 $ (27,200.00)
9 subdivisions at ($700.00) $ 6,300.00
9 Subdivisions at $200 less $ 4,500.00 $ (1,800.00)
Average anticipated budget impact - Land Use $ (29,000.00)
Building permit Budget Impact
Budget Impact
New Homes Total Permits
$50 permits
Total
1416
Others: CUP/
2015 63
applications
Subdivision City Text
Var, etc.
2014
58
10 2
48
2015
92
11 20
81
2016
88
14 12
74
2017 through May
57
3 11
43
2017 (proj)
90
10 15
75
4 year average
77
9.6 12
64.2
Land Use Budget impact
64 applications at current rate ($700.00) $ 44,800.00
64 applications at proposed rate ($275.00) $ 17,600.00 $ (27,200.00)
9 subdivisions at ($700.00) $ 6,300.00
9 Subdivisions at $200 less $ 4,500.00 $ (1,800.00)
Average anticipated budget impact - Land Use $ (29,000.00)
Building permit Budget Impact
New Homes Total Permits
$50 permits
2014 43
1416
141.6
2015 63
1574
157.4
2016 38
1463
146.3
2017 through May 21
557
55.7
2017 (proj) 55
1400
140
4 year average 49.75
1463.25
146.325
$50.00 permits
$ 7,316.25
$26.25 permits
$ 3,841.03
Average anticipated budget impact -
Building
$ (3,475.22)
AGENDA ITEM
Item No.: 10
Date: July 24, 2017
Item Description: #17-3942, Lori Zappa, 3670 Togo Road, Variances — Resolution
Presenter: Melanie Curtis Agenda Consent Agenda
Planner Section:
Purpose. This application is regarding variances to redevelop the property with a new residence.
2. MN§15.99 Application Deadline. The application was received on May 15, 2017; and
considered as complete on May 30th. Therefore the 60 -Day review period expires on July 29th.
3. Background. The applicant plans to construct a new 1'/2 story home using the foundation of the
existing 1 story home with an additional 12' x 12' porch on the rear. Side and front yard setback
variances are requested to permit a 4.2 foot setback on the west side where a 7.5 foot setback is
required; and an 18.4 foot setback from the front where a 30 foot setback is required.
A wetland setback variance is also requested to permit the new screen porch on the rear to be set
back 22 feet from the wetland where a 35 foot setback is required. The deck replacements are in-
kind or smaller. Setback variances are requested, therefore lot area and lot width variances will
also be needed due to the substandard area and width of the lot.
4. Planning Commission Comment. On June 19th, the Planning Commission held a public hearing
and reviewed the application. Following the public hearing the Commission voted 6 to 0 on a
motion to approve the variances as requested.
5. Public Comment. No 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
Exhibit A. Draft Resolution
Exhibit B. Proposed Plans
Exhibit C. Updated Existing Survey & Corrected Hardcover Calcs
Exhibit D. Draft PC Minutes
Exhibit E. PC Staff Report
References
PC Exhibits: 06/19/17
Exhibit A.
Application
Exhibit B.
Practical Difficulties Form
Exhibit C.
Proposed Survey/Site Plan
Exhibit D.
Existing Survey
Exhibit E.
Proposed Plans and Elevations
Prepared By: VY1GG
Exhibit F. Submitted Hardcover Calculations
Exhibit G.
Exhibit H.
Exhibit I.
Exhibit J.
Exhibit K.
Exhibit L.
Reviewed By: J. Barnhart
NOD
Aerial Photos
Site Photos
Ordinance No. 199, Third Series
Property Owners List
Plat Map
Approved By: Nz
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-350 & 78-1605
FILE NO. 17-3942
WHEREAS, on May 19, 2017, Lori Zappa ("Applicant"), applied for a variance from
the City Code for the property addressed 3670 Togo Road and legally described as:
The East 50 feet of the West 158 feet of the South 175 feet of Lot 4, Block 10,
Townsite of Langdon Park, Hennepin County, Minnesota, except street (hereinafter the
"Property");
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed
on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100 feet in width
are required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed
18 feet from the front lot line where a 30 foot setback is required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new home
4.2 feet from the side lot line where a 7.5 foot setback is required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1605 to allow a 12 foot by 12 foot screened
porch to be 22 feet from the wetland where a 35 foot setback is required; and
WHEREAS, on June 19, 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
WHEREAS, on June 19, 2017, the Planning Commission recommended approval
of the variances; and
WHEREAS, on July 24, 2017, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
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 #17-3942. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
2. The Property is located in the LR -1C Single Family Lakeshore Residential Zoning District.
3. The Property contains 8,250 square feet or 0.18 acre in area and has a defined lot width
of 50 feet.
4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variances:
a. Lot Area
b. Lot Width
c. Front Yard Setback
d. Side Yard Setback
e. Wetland Setback
6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The lot width and lot area variances are consistent with
the general intent of the Ordinance. The requested side yard, front yard, and wetland
setback variances are in harmony with the Ordinance. Light, air, and open space will not
be reduced for adjacent neighbors by the new home. The wetland, side yard, and front
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
setback variances requested for the home and porch are reasonable considering the
depth, and buildable width of the Property.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of a single family
residence in a residential zone 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 home on the foundation of the existing
home within the side setback, front setback, and wetland setback, appears to be
reasonable as the Property's narrow width and depth (due to the wetland) creates
a difficulty.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The sub -standard size of the Property was not the result of actions by the
landowner. The location of the home and garage on the Property, the high water
table, the narrowness and shallow depth of the buildable area create difficulties for
developing the Property.
c. The variance, if granted, will not alter the essential character of the locality. "
The lot area and width variances will not alter the character of the neighborhood.
It does not appear that the setback variances to permit the new home will adversely
impact the adjacent property owners.
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.
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 the use for a residence is an allowed use in
the LR -1C District.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This condition is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The wetland, high water table, the narrowness
and shallow depth of the buildable area of the Property create difficulties unique to the
Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The wetland, high water table, the narrowness and shallow depth of the
buildable area of the Property create difficulties unique to the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Staff finds this condition to be true.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting the
requested variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the Code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The substandard area and width of the
Property; its wetland and location of the existing home and garage create practical
difficulties affecting the Property; the variances are necessary and do not merely serve
as a convenience to the owner.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Section 78-350 to allow a new home to be
constructed on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100
feet in width are required; a variance to Orono Municipal Zoning Code Section 78-350 to allow a
new home to be constructed 18 feet from the front lot line where a 30 foot setback is required; a
variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new home
4.2 feet from the side lot line where a 7.5 foot setback is required; and a variance to Orono
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Municipal Zoning Code Section 78-1605 to allow a 12 foot by 12 foot screened porch to be 22
feet from the wetland where a 35 foot setback is required, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated 05/30/17 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A & B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variances will expire on
that date (July 24, 2018).
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 24th day of July, 2017.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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LEGAL DESCRIPTION:
The East 50 feet of the West 158 feet of the South 175 feet of Lot 4, Block 10,
TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota, except
street.
SCOPE OF WORK & LIMITATIONS:
1. Showing the length and direction of boundary lines of the legal
description listed above. The scope of our services does not include
determining what you own, which is a legal matter. Please check the
legal description with your records or consult with competent legal
counsel, if necessary, to make sure that it is correct and that any matters
of record, such as easements, that you wish to be included on the survey
have been shown.
2. Showing the location of observed existing improvements we deem
necessary for the survey.
3. Setting survey markers or verifying existing survey markers to establish
the corners of the property.
4. Showing and tabulating impervious surface coverage of the lot for your
review and for the review of such governmental agencies that may have
jurisdiction over these requirements to verify they are correctly shown
before proceeding with construction.
5. Showing elevations on the site at selected locations to give some
indication of the topography of the site. We have also provided a
benchmark for your use in determining elevations for construction on
this site. The elevations shown relate only to the benchmark provided on
this survey. Use that benchmark and check at least one other feature
shown on the survey when determining other elevations for use on this
site or before beginning construction.
6. Note that all building dimensions and building tie dimensions to the
property lines, are taken from the siding and or stucco of the building.
6. While we show a proposed location for this home or addition, we are not
as familiar with your proposed plans as you, your architect, or the
builder are. Review our proposed location of the improvements and
proposed yard grades carefully to verify that they match your plans
before construction begins. Also, we are not as familiar with local codes
and minimum requirements as the local building and zoning officials in
this community are. Be sure to show this survey to said officials, or any
other officials that may have jurisdiction over the proposed
improvements and obtain their approvals before beginning construction
or planning improvements to the property.
7. Note that all building dimensions and building tie dimensions to the
property lines, are taken from the siding and or stucco of the building.
8. While we show the building setback lines per the City of Orono web site,
we suggest you show this survey to the appropriate city officials to be
sure that the setback lines are shown correctly. Do this BEFORE you use
this survey to design anything for this site.
STANDARD SYMBOLS & CONVENTIONS:
"0" Denotes iron survey marker, set, unless otherwise noted.
I Z7/-YZ7A1'n
EXISTING CONTOUR
EXISTIIVG' SPOT ELE'DATIOW
PROPOSED SPOT ELEV,4TI0IV
PRAI1VAGE ARROW — FLOW
SILT FENCE/BIO ROLL
DATE I REVISION DESCRIPTION
5-30-17 1 REMOVED EXISTING DECK
x.5
895.5-f
SF
DWG ORIENTATION
GRADING & EROSION CONTROL NOTES:
BEFORE DEMOLITION AND GRADING BEGIN
• Install silt fence/bio roll around the perimeter of the construction area.
• Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall
promptly be removed.
• Sediment control measures must remain in place until final stabilization has been established and then shall • If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock
be removed. Sediment controls may be removed to accommodate short term construction activity but must entrance areas.
be replaced before the next rain.
• Moisture shall be applied to disturbed areas to control dust as needed.
• A temporary rock construction entrance shall be established at each access point to the site and a 6 inch
layer of 1 to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with • Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained.
permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or
washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances • If it becomes necessary to pump the excavation during construction, pump discharge shall be into the
that are not so protected shall be closed by fencing to prevent unprotected exit from the site. stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site.
DURING CONSTRUCTION:
• When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of
sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days,
they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at 100 lb/acre
followed by covering with spray mulch.
• A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be
serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes
from the site shall in accordance with Minnesota Pollution Control Agency requirements.
• A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed
of in accordance with MPCA requirements.
• Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste.
• Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned
and repaired as necessary to provide downstream protection.
SCALE I CLIENT/JOB ADDRESS
LORI ZAPPA
3670 TOGO ROAD
ORONO, MN
`g33\
• Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall
consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at 100
lb/acre followed by covering with spray mulch.
SITE WORK COMPLETION:
• When final grading has been completed but before placement of seed or sod an "as built" survey shall be
done per Orono requirements to insure that grading was properly done.
• When any remedial grading has been completed, sod or seeding shall be completed including any erosion
control blankets for steep areas.
• When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed
of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant
and clean.
NO
of
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I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR
REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISIENGINEER UN AND TME LAWSAT I MOF THE STATE OF MINNESOTA. A DULY LICENSED CIVIL
'-INSTALL SILT
v,s
SHEET SIZE: 17 X 22
FENCE/BIO ROLL
Jo a s. Rinke IDATE
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(UTILIZE EXIST.
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936.2
Advance
Surveying & Engineering, Co.
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR
REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISIENGINEER UN AND TME LAWSAT I MOF THE STATE OF MINNESOTA. A DULY LICENSED CIVIL
DATE SURVEYED:
016
JULY AD ANC
SURVEYED BY: ADVANCED SURV.
& ENGINEERING, CO.
SHEET TITLE
PROPOSED SURVEY
SHEET SIZE: 17 X 22
DRAFTED:
Jo a s. Rinke IDATE
17917 Highway No. 7 52716
Minnetonka, Minnesota 55345 lor LICENSE NO. MAY 25, 2017
Phone (952) 474-7964 MAY 25, 2017
Web: www.advsur.com DATE
DRAWING NUMBER
170384 JR
S1
SHEET 1 OF 1
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SCALE:
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Foundation Plan (1 A11 = 1'-o")
SHEET:
2
LEGAL DESCRIPTION:
The East 50 feet of the West 158 feet of the South 175 feet of Lot
4, Block 10, TOWNSITE OF LANGDON PARK, Hennepin
County, Minnesota, except street.
SCOPE OF WORK & LIMITATIONS:
1. Showing the length and direction of boundary lines of the
legal description listed above. The scope of our services does
not include determining what you own, which is a legal
matter. Please check the legal description with your records
or consult with competent legal counsel, if necessary, to
make sure that it is correct and that any matters of record,
such as easements, that you wish to be included on the survey
have been shown.
2. Showing the location of observed existing improvements we
deem necessary for the survey.
3. Setting survey markers or verifying existing survey markers
to establish the corners of the property.
4. Showing and tabulating impervious surface coverage of the
lot for your review and for the review of such governmental
agencies that may have jurisdiction over these requirements
to verify they are correctly shown before proceeding with
construction.
5. Showing elevations on the site at selected locations to give
some indication of the topography of the site. We have also
provided a benchmark for your use in determining elevations
for construction on this site. The elevations shown relate only
to the benchmark provided on this survey. Use that
benchmark and check at least one other feature shown on the
survey when determining other elevations for use on this site
or before beginning construction.
6. Note that all building dimensions and building tie dimensions
to the property lines, are taken from the siding and or stucco
of the building.
STANDARD SYMBOLS & CONVENTIONS:
"0" Denotes iron survey marker, set, unless otherwise noted.
N 89 72'06 " E %A
dvance
--50.00--
—50.00-- Surveying & Engineering, Co.
I 1 17917 Highway No. 7
Minnetonka, Minnesota 55345
I I Phone(952)474-7964
Web: www.advsur.com
CLIENT/JOB ADDRESS
LORI ZAPPA
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936.2
3670 TOGO ROAD
WAYZATA, MN
SHEET TITLE
EXISTING CONDITIONS
SURVEY
SHEET SIZE: 11 X 17
DRAWING NUMBER
170384
DATE SURVEYED: JULY 14, 2016
DATE DRAFTED: JULY 15, 2016
DATE REVISION DESCRIPTION
5/22/17 ADD MORE TOPO, DRIVEWAY, GAR
7/17/17 ADD COVERS & STEPPERS
I HEREBY CERTIFY THAT THIS PLAN, SURVEY OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AV A DULY YOR
UNDER TH OF O
Thomas M. Bloom
#42379
LICENSE NO.
JULY 15, 2016
DATE
DRAWING ORIENTATION & SCALE
SHEET NO.
S1
SHEET 1OF1
City of Orono
0 Hardcover Calculation Worksheet
Property Address: 3670 Togo Road (our survey 170384
C, Prepared by: Joshua S. Rinke, PE No. 52716 Date: 7/17/2017
r�KFSMo .1.
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 1: EXISTING HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Use as many lines as necessary to
accurately depict existing hardcover status of the property.
Key to
Survey Hardcover Item (Describe)
Length x Width Total (Square Feet)
(Example) Garage
(24'x 30') (720)
S. F.
A House
616
S. F.
B Garage
246
S. F.
C Concrete Surfaces
104
S. F.
D Gravel Surfaces
595
S. F.
E Deck
297
S. F.
F Bit. Street/Drive Apron
139
S. F.
G Crawlspace Cover
24
S. F.
H Window Well Cover
6
S. F.
I Stone Steppers
7
S. F.
J
S. F.
K
S. F.
L
S. F.
M
S. F.
N
S. F.
0
S. F.
P
S. F.
Q
S. F.
R
S. F.
S
S. F.
T
S. F.
U
S. F.
V
S. F.
W
S. F.
X
S. F.
Y
S. F.
Z
S. F.
(1) Total Existing Hardcover
2,034
S. F.
Excludable Hardcover See City Code Sec 78-1684
Bit Road for public use
71
S. F.
Deck
297
S. F.
S. F.
S. F.
S. F.
(2) Total Excludable Hardcover
368
S. F.
(3) Net Existing Hardcover
1,666
S. F.
(4) Total Lot Area
8,250
S. F.
Existing Hardcover Percentage [(3) / (4)]
20.19%
ADVANCE SURVEYING & ENGINEERING CO.
I hereby certify that this report was prepared by me or under my direct supervision and
that I am a licensed professional engineer under the laws of the State of Minnesota.
yo,Jq, . a S. 6��n,L
Joshua S. Rinke, PE No. 52716
Step 2: PROPOSED HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Use as many lines as necessary to
accurately depict existing hardcover status of the property.
Key to
Survey Hardcover Item (Describe)
Length x Width Total (Square Feet)
(Example) Garage
(24'x 30') (720)
S. F.
A House
616
S. F.
B Garage
246
S. F.
C Concrete Surfaces
92
S. F.
D Gravel Surfaces
595
S. F.
E Deck
162
S. F.
F Porch
144
S. F.
G Bit. Street/Drive Apron
139
S. F.
H
S. F.
I
S. F.
J
S. F.
K
S. F.
L
S. F.
M
S. F.
N
S. F.
O
S. F.
P
S. F.
Q
S.F.
R
S. F.
S
S. F.
T
S. F.
U
S. F.
V
S. F.
W
S. F.
X
S. F.
y
S. F.
Z
S. F.
(1) Total Proposed Hardcover
1,994
S. F.
Excludable Hardcover See City Code Sec 78-1684
Existing Bit Road for public use
71
S. F.
Deck
162
S. F.
S. F.
S. F.
S. F.
(2) Total Excludable Hardcover
233
S. F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)]
1,761
S. F.
(4) Total Lot Area
8,250
S. F.
Proposed Hardcover Percentage [(3) / (4)]
21.35%
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 19, 2017
6:30 o'clock p.m.
3. 17-3942 LORI ZAPPA, 3670 TOGO ROAD, VARIANCES, 6:55 P.M. — 7:03 P.M.
Lori Zappa, Applicant, was present.
Curtis stated the applicant purchased the subject property last year and plans to construct a new 1-12 story
home using the existing foundation plus a 12' x 12' porch on the rear. Variances to lot width, lot area,
side yard and front yard setback are needed in order to build the new residence 4.2 feet from the west side
lot line and 18.4 feet from the front lot line utilizing the existing home's foundation. The applicant's
proposal involves reusing the existing foundation and much of the existing deck footprint for the new
home. The new home will have a higher pitch to allow for the one-half story attic space and the sidewall
height will remain eight feet as existing.
The applicant is proposing to construct the 12' x 12' on the rear of the house, a portion of which will be
constructed over existing deck footprint. The porch will match the proposed side setback of the home and
will be a new encroachment 4.9 feet from the side lot line. A portion of the porch will be constructed
over an approximate 5.5 foot portion of the existing deck footprint and then expanded another 6.5 feet to
line up with the western edge of the home.
A wetland setback for the proposed screen porch is required to permit the new screen porch on the rear to
be set back 22 feet from the wetland where a 35 -foot setback is required.
Staff provided an analysis of the practical difficulty criteria and the Planning Commission should discuss
the individual criteria contained in Staff's report.
Staff finds that there are practical difficulties inherent to the lot area, width, presence of the wetlands and
the existing improvements which support the granting of reasonable variances. Staff finds the requested
variances to be reasonable and recommends approval.
Landgraver asked if the garage will remain.
Curtis indicated the garage will remain.
Lori Zappa, Applicant, stated she purchased the property approximately a year ago and that she would
like to create a better atmosphere both inside and outside of the home using the same foundation but
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 19, 2017
6:30 o'clock p.m.
increasing the height of the house. Zappa noted there is a large maple in the back yard that is leaning
toward the neighbor's house which will be removed as part of this project.
Thiesse asked if she will be using the same foundation or putting in a new foundation in the same
location.
Zappa indicated they will be using the same foundation and that they will make whatever repairs are
necessary to the foundation.
Chair Thiesse opened the public hearing at 7:00 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 7:00 p.m.
Thiesse asked if she has spoken with the neighbors.
Zappa stated the neighbor on the right is no longer there and the other neighbor on the left is in support of
the project. 1%
Landgraver commented the request is reasonable.
Landgraver moved, Olson seconded, to recommend approval of Application No. 17-3942, Lori
Zappa, 3670 Togo Road, granting of variances. VOTE: Ayes 6, Nays 0.
Date Application Received: 05/16/17
Date Application Considered as Complete: 05/30/17
60 -Day Review Period Expires: 07/29/17
To: Chair Thiesse and Planning Commission Members
Doug Reeder, Interim City Administrator
From: Melanie Curtis, Planner h'1GG
Date: 19 June 2017
Subject: #17-3942, Lori Zappa, 3670 Togo Road,
Variances
Public Hearing
Application Summary: The applicant is requesting lot width, lot area, side yard and front yard
setback variances in order to build a new 1% story home 4.2 feet from the west side lot line and
18.4 feet from the front lot line utilizing the existing home's foundation. A wetland setback for
the proposed screen porch; lot width and lot area variances are also requested.
Staff Recommendation: Planning Department Staff recommends approval.
Background
The applicant purchased the property in 2016 and plans to construct a new 1% story home using
the foundation of the existing 1 story home plus a 12' x 12' porch on the rear. Side and front
yard setback variances are requested to permit a 4.2 foot setback on the west side lot line
where a 7.5 foot setback is required; and an 18.4 foot setback from the front where a 30 foot
setback is required.
A wetland setback variance is requested to permit the new screen porch on the rear to be set
back 22 feet from the wetland where a 35 foot setback is required. A portion of the porch will
be constructed over the existing deck footprint, however because the porch is considered an
expansion of volume and footprint within the setback, variances are required. The deck
replacements are in-kind or smaller. Setback variances are requested, therefore lot area and lot
width variances will also be needed due to the substandard area and width of the lot.
FILE # 17-3942
19 June 2017
Page 2 of 5
LOT ANALYSIS WORKSHEET
Section 78-350 - Setbacks:
LR -1C
Required
Existing
Proposed
Front
30'
18.4'
18.4'
101' deck
104' deck
Rear
30'
Hardcover
Tier
116' house
116' house
West Side*
7.5'
4.2'
4.2'
East Side*
7.5'
25'
25'
(19.7%)
(21.3%)
5' detached garage
5' detached garage
Wetland
35
41 house
41' house
22' porch
*According to Ordinance No. 199, Third Series adopted on June 12, 2017
Section 78-350 - Lot Area/Width:
LR -1C Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100'
Actual 8,250 s.f. (0.18 acre) 50'
Section 78-1403- Structural Coverage:
According to Section 78-1403, on lots of less than 10,000 square feet in area, the total combined
footprints of all principal and accessory structures shall not exceed 2,000 square feet [Ord. No.
187 3rd series, § 1, 3-13-20171.
Total Lot Area
Total Structural Coverage
8,250 s.f. (0.18 acre)
Allowed: 2,000 s.f.
Proposed: 1,006 s.f.
Section 78-1680 and 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
2,887 s.f.
1,629 s.f.
1,761 s.f.
Tier 3
8,250 s.f.
(35 %)
(19.7%)
(21.3%)
Applicable Regulations:
Lot Area and Lot Width Variances (Sec. 78-350)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet
the minimum area or width requirements for the respective zoning district. Substandard
properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped
without variances if specific standards are met; such as:
1. All setback requirements can be met.
2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can
be installed or the lot is connected to a public sewer; and
3. The impervious surface coverage meets all hardcover location and square footage
FILE # 17-3942
19 June 2017
Page 3 of 5
restrictions of this chapter and the total square footage of hardcover does not exceed
25 percent of the entire lot area.
4. All other zoning district standards can be met.
The applicants' need for setback variances results in the property's inability to conform to #1
above. Therefore, lot area and width variances are also required in order to redevelop the
property.
Side Yard & Front Yard Setback Variances (Sec. 78-350)
The applicant's proposal involves reusing the existing foundation and much of the existing deck
footprint for the new home. The proposed home will have a half story with two dormers on the
west and east sides of the roof. The proposed roof peak will be slightly higher than existing, as
the existing roof pitch is approximately a 4:12 or 6:12 pitch. The new roof pitch will be 12:12 to
allow for the % story attic space. The sidewall height will remain 8 -feet as existing. The volume
of the new roof including the new dormers within the substandard setbacks will be new
encroachments. A 12' x 12' porch is to be added on the rear, a portion of which will be over
existing deck footprint. The porch will match the proposed side setback of the home and will be
a new encroachment 4.9 feet from the side lot line.
Wetland Setback Variance (Sec. 78-1605)
The applicant is reconstructing the decks. The proposed 12' x 12' porch will be constructed over
an approximate 5.5 foot portion of the existing deck footprint and then expanded another 6.5
feet to line up with the western edge of the home. The porch will be set back 22 feet where a 35
foot setback is required.
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:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
lot width and lot area variances are consistent with the general intent of the
Ordinance. The requested side yard, front yard, and wetland setback variances are in
harmony with the Ordinance. Light, air, and open space will not be reduced for
adjacent neighbors by the new home. The wetland, side yard, and front setback
variances requested for the home and porch are reasonable considering the depth,
and buildable width of the property.
FILE # 17-3942
19 June 2017
Page 4 of 5
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for construction of a single family residence in a residential zone are consistent
with the Comprehensive Plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The request to permit construction of the
home on the foundation of the existing home within the side setback, front
setback, and wetland setback, appears to be reasonable as the property's
narrow width and depth (due to the wetland) creates a difficulty.
b. There are circumstances unique to the property not created by the landowner;
The sub -standard size of the Property was not the result of actions by the
landowner. The location of the home and garage on the Property, the high
water table, the narrowness and shallow depth of the buildable area of the
property create difficulties for developing the Property; and
c. The variance will not alter the essential character of the locality. The lot area
and width variances will not alter the character of the neighborhood. It does
not appear that the setback variances to permit the new home will adversely
impact the adjacent property owners.
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 residence is an allowed use in
the LR -1C District.
7. The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The wetland, high water table, the
narrowness and shallow depth of the buildable area of the property create difficulties
unique to the Property.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The wetland, high water table, the narrowness and shallow depth of
the buildable area of the property create difficulties unique to the Property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Staff finds this condition to be true.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variances will not adversely impact health, safety, comfort, or morals; nor
will it be contrary to the intent of the Code.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The substandard area and width of the
Property; its wetland and location of the existing home and garage create practical
FILE # 17-3942
19 June 2017
Page 5 of 5
difficulties affecting the Property; the variances are necessary and do not merely serve
as a convenience to the owner.
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 that there are practical difficulties inherent to the lot area, width, presence of the
wetland and the existing improvements which support the granting of reasonable variances.
Engineer Comments
The City Engineer has conducted a preliminary review of the plans and found nothing preventing
the development; a comprehensive review will be conducted at the time of a building permit
application.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff finds the requested variances to be reasonable. Planning staff recommends approval.
List of Exhibits
Exhibit A. Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C.
Proposed Survey/Site Plan
Exhibit D.
Existing Survey
Exhibit E.
Proposed Plans and Elevations
Exhibit F.
Submitted Hardcover Calculations
Exhibit G.
Notice of Wetland Determination
Exhibit H.
Aerial Photos
Exhibit 1.
Site Photos
Exhibit J.
Ordinance No. 199, Third Series
Exhibit K.
Property Owners List
Exhibit L.
Plat Map
AGENDA ITEM
Item No.: 11
Date: July 24, 2017
Item Description: #17-3944 Westwood Professional Services o/b/o Ugorets 8098 LLC,
2520 Shadywood Road — Resolution of Denial
Presenter: Jeremy Barnhart, Community Agenda Consent Agenda
Development Director Section:
1. Purpose. The purpose of this action item is to approve a resolution formally denying the rezoning and
master plan for a proposed 40 unit condominium building on 3.11 acres at 2520 Shadywood Road.
2. 15.99 Deadline September 17, 2017
3. Background/ Summary. The Council directed staff at its meeting on July 10 to draft a resolution
denying the proposed rezoning and master plan proposed by Alex Ugorets at 2520 Shadywood Road.
The resolution is attached and cites reasons for denial including minimum lot size for the RPUD, density
higher than prescribed by the comprehensive plan, building height higher than 30 feet, public comments,
and the impact on the neighborhood including community health and general welfare.
4. Staff Recommendation. Staff recommends adoption of resolution as drafted.
COUNCIL ACTION REQUESTED
Motion to approve the resolution as drafted, formally denying the rezoning and master plan for the
Condominium project at 2520 Shadywood Road.
Exhibits
Exhibit A. Draft Resolution
References
City Council packet dated July 10, 2017
Prepared By: J. Barnhart
Reviewed By: J. Barnhart
Approved By: W
City Council
Exhibit A
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
M�
A RESOLUTION DENYING
AN APPLICATION TO REZONE TO RPUD AND A DEVELOPMENT PLAN
FOR A PROPOSED CONDOMINIUM BUILDING
AT 2520 SHADYWOOD ROAD
FILE NO. 17-3944
WHEREAS, Westwood Professional Service, on behalf of the property owner
Ugorets 8098, LLC, a Minnesota company, (hereinafter jointly "the Applicant") is the owner of
2520 Shadywood Road within the City of Orono (hereinafter the "City"), identified as Hennepin
County PINS 20-117-23-11-0038, and legally described as:
Lot 8, Block 1, The Marsh at Lafayette, (hereinafter the "Property"); and
WHEREAS, the Applicant has applied to the City of Orono to amend its zoning
map to designate the Property as Residential Planned Unit Development (RPUD) and for approval
of a Development Plan. This zoning designation RPUD would allow the construction of a 5 story,
40 unit condominium building on the Property (hereinafter the "Proposed Development") and
WHEREAS, the Planning Commission held a public hearing on June 19, 2017 and
reviewed the application at this same meeting and
2017.
Minnesota:
WHEREAS, the City Council reviewed the application at their meeting on July 10,
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 17-3944.
2. The documents submitted by the Applicant, the analysis contained within staff
memos, 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.
3. The City Council considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
the Applicant and the public, and the effect of the Proposed Development on the
health, safety and welfare of the community.
4. The Property is zoned B-4 Office/ Professional. The Property is approximately
3.16 acres in area of which approximately 0.6 acres is wetland.
5. The RPUD zoning district requires 5 acres, or a finding that one of the following
apply:
a. Unusual physical features of the property itself or of the surrounding
neighborhood such that development as a RPUD will conserve a physical or
topographic feature of importance to the neighborhood or community.
b. The property is directly adjacent to or across a public street from property
which has been developed previously as a RPUD or planned residential
development and will be perceived as and will function as an extension of that
previously approved development.
c. The property is located in an area where the proposed development provides
a transition between a commercial or industrial area and an existing residential
area or on an intermediate or principal arterial as defined in the comprehensive
plan.
d. The property contains steep slopes or a substantial number of significant trees
that could be preserved through the clustering of buildings or other design
techniques not generally allowed by the existing zoning district.
The Council finds that these exceptions do not apply to the subject proposal.
6. The Property is adjacent to an office building to the north, a church to the west, and
single family to the east and south.
7. The Proposed Development is for a 40 unit condominium building, which would
create an effective density of 15.63 units per acre. The proposed density is higher
than planned for in the Comprehensive Plan, where 15 units per acre is the
maximum anticipated.
8. The Proposed Development shows a 5 story building comprised of residential
floors, a penthouse, and an underground parking level with an estimated defined
height of 48 feet 8 inches. This building would be the highest in the City and
Council finds that this height would negatively impact the character of the
surrounding neighborhood, including the two story commercial areas in Navarre.
9. The Applicant is unable to satisfactorily address the concerns that the Proposed
Development would negatively impact the adjacent residential neighborhoods.
10. The Council finds that the proposed rezoning and Proposed Development are not in
the best interest for the physical development of the City pursuant to Zoning Code
Section 78-43.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
11. The City Council finds that the Applicants' request would not be in keeping with
the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby denies the rezoning
application and proposed development plan,
Adopted by the Orono City Council on the day of , 2017.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor
AGENDA ITEM
Item No.: 12
Date: July 24, 2017
Item Description: Approval to Purchase a Large Format Printer Scanner
Presenter: Dave Klitzke Agenda Consent Agenda
IT Manager Section:
1. Purpose. The purpose of this action item is to gain council authorization to replace the old plotter
with a multi -function plotter/scanner/copier.
2. Background. The old unit a HP DesignJet 800 is about 15 years old and only has the ability to plot.
As the City moves toward paperless records retention the ability to scan large format (surveys and plans)
is required. The scanning in of large drawings and plans would also be benefitual for our Laserfiche
system to help us to become paperless.
3. Project Scope. Procurement of a large format printer/scanner/copier.
4. Cost. The City received 3 quotes. Listed below.
Company
Model
Total
Quote
Office Depot
HP DesignJet T830
$6,084.99
AIS
Sure Color T5270
$7,716.00
Coordinated Business Systems
HP DesignJet T830
$7,465.00
5. Funding. The Funding will come from the central services account.
6. Staff Recommendation. Staff recommends accepting the lowest quote to purchase from Office
Depot for the Amount of $6084.99
COUNCIL ACTION REQUESTED
Motion to authorize staff to purchase a new multifunction platter/scanner/copier from Office Depot for
the amount of $6,084.99.
Prepared By: DK
Reviewed By: W
Approved By: W
AGENDA ITEM
Item No.: 13 Date: July 24, 2017
Item Description: Swearing in of Officers
Presenter: Correy Farniok, Agenda Presentations
Orono Police Chief Section:
1. Purpose. To formally swear in and include the oath of office for Kyle Kirschner, William Carstens,
and Brian Beniek.
2. Background. In the past year, the Police Department has hired several police officers. These
officers include Kyle Kirschner, William Carstens and Brian Beniek. Kirschner was hired as a
Full -Time officer and Carstens and Beniek were hired as part-time officers. All have completed
the field training program and their one year probationary period. Carstens has been promoted to
a full-time officer as the position became available. Beniek continues to work as a part-time
police officer, filling in shifts as needed.
3. Staff Recommendation. At this time I would like to have a formal swearing in process, to
include the oath of office for these officers.
Exhibits
Exhibit A. Police Chief Memo July 6, 2017
Prepared By: Correy Famiok
Reviewed By: AMC
Approved By: D5^
Memo
To: Doug Reeder, City Administrator
From: Correy Farniok, Police Chief
CC: Mayor Dennis Walsh
Date: July 6, 2017
Re: Swearing-in Ceremony
In the past year, the Police Department has hired several police officers. These officers include
Kyle Kirschner, William Carstens and Brian Beniek. Kirschner was hired as a Full -Time officer
and Carstens and Beniek were hired as part-time officers. All have completed the field training
program and their one year probationary period. Carstens has been promoted to a full-time officer
as the position became available. Beniek continues to work as a part-time police officer, filling in
shifts as needed.
At this time I would like to have a formal swearing in process, to include the oath of office for
these officers.
I would like to recognize and introduce these officers to the Mayor and Council members at the
July 24, 2017 Council meeting.
AGENDA ITEM
Item No.: 14 Date: July 24, 2017
Item Description: Tour de Tonka Presentation
Presenter: Tim Litfin Agenda Presentations
Section:
1. Purpose. The purpose of this agenda item is for Tour de Tonka to present their event to the City
Council.
COUNCIL ACTION REQUESTED
No action required.
Exhibits
Exhibit A. Tour de Tonka Presentation
Exhibit B. Tour de Tonka Video
Prepared By: AMC
Reviewed By: AMC
Approved By: D5^
City Council
o Exhibit A
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16 -Mile 28 -Mile 40 -Mile
447 Riders
48 -Mile
606 Riders
629 Riders 236 Riders
57 -Mile
451 Riders
67 -Mile
100 -Mile
324 Riders 847 Riders
A U of M Extension professor studied the economic
impact that biking events, organized rides and tours
generate statewide in tourism and recreational
spending.
The results....
• $14.3 million in economic activity in 2015
0 An average of $121 a day per participant
in' ,
Tnilf "In n
n(D)'�l l`) �I@)[P
2016 2015 Up/down
Top 20 Communities #s Rank from 2015
Minnetonka
Minneapolis
Eden Prairie
Chanhassen
Plymouth
Excelsior
St. Louis Park
Wayzata
Edina
Maple Grove
431
1
-104
+38
+64
324
2
257
5
225
3
-7
219
6
+29
169
4
-32
103
11
0
Zoo
7
0
93
90
8
-5-
+2
9
2016
Total these Communities brought toTdT: 2,011
11
Hopkins
12
Shorewood
13
Chaska
14
Deephaven
15
St. Paul
15
Bloomington
17
Golden Valley
18
Victoria
19
Eagan
20
Waconia
Top to Communities
Total these
@)�Mnmn� E(:@Q3
2016
#s
2015 Up/down
Rank from 2015
(!O� fop ��J � 4�0 ("g�MDMMnj�oc@,(:�3
#
# Top 40 Communities: 2016 Total 2015 Rank
21
22
23
24
25
WOodbur
Minnetrista
Mound
Shako ee
Apple Valley
36 20
34 23
33 27
29
30
26
37
26
Orono
25
34
27
Tonka Bay
24
20
28
Savage
23
24
29
30
31
lGreenwood
Lakeville
Prior Lake
22
28
19
36
18
24
32
Delano
17
42
33
Burnsville
16
32
33
Richfield
16
32
35
Brookl n Park
15
28
35
37
37
39
39
Carver
Inver Grove Heights
Mendota Heights
Champlin
Cr stal
15
78
14
64
14
64
13
38
13 41
1 2016 2015
Total these Communities brought to TdT: 3,006 2,949
ff co 0) Q J -L Lai
� emo • ra • acs
Male % Male Female % Female Total #
0-9
years old
10-19
years
old
20-29
years
old
30-39
years
old
40-49
years
old
50-59
years
old
60-69
years
old
70-79
years
old
80-89
years
old
TOTAL RIDERS
69
210
189
314
419
685
338
53
2
2279
1W
igest Rider: 5
66%
70%
56%
61%
58%
66%
74%
83%
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AGENDA ITEM
Item No.: 15 Date: July 24, 2017
Item Description: Carman Bay Lake Improvement District Public Hearing
Presenter: Doug Reeder Agenda Presentations
Interim City Administrator Section:
1. Purpose To hold a public hearing for the establishment of the Carman Bay Lake Improvement
District and consider the establishment of the Carman Bay Lake Improvement District.
2. Background. Following a presentation by Orono resident on Carman Bay at the November 14, 2016
City Council meeting, the City Council passed a motion directing Carman Bay residents to move forward
with the Lake Improvement District petition and bring it back to the City Council for final approval. The
District, if established, will allow the funding of improvements to the lake in Carman Bay through the
levying of a tax on the abutting residents, grants and any municipal contribution that was made available.
There is only one Lake Improvement District now established on Lake Minnetonka and that is on St
Albans Bay in Greenwood and Excelsior. It is possible that other lake improvement districts on other
bays in Orono could be established if petitioned by the adjoining property owners.
At the City Council meeting on June 12, 2017 the City Council set a public hearing on the establishment
of the Carman Bay Lake Improvement District for July 24, 2017. The notice of the hearing was published
in the newspaper twice and each property owner has been mailed a notification of this public hearing.
A petition has been received for the establishment of the Carman Bay Lake Improvement District signed
by 82 property owners on Carman Bay and the signatures have been certified by the Interim City
Administrator on June 28, 2017. The state law concerning Lake Improvement Districts requires the City
Council to hold a public hearing within 30 days of the certification of a petition for the establishment of a
Lake Improvement District which is signed by a majority of the property owners in the district. The
petition for the Carman Bay Lake Improvement District is signed by 82 property owners out of a total of
113 property owners.
As required by state law the Minnesota Department of Natural Resources has reviewed the request to
establish the Carman Bay Lake Improvement District and has approved the proposed boundaries
identified in the resolution and has certified that the information provided meets the requirements of lake
improvement district statutes and rules. (See Exhibit F)
If the City Council establishes a Lake Improvement District it does not become effective until 30 days
after the resolution is published. State law provides that if the City Council establishes a Lake
Improvement District and if a petition is received from at least 26 percent of the property owners within
the lake improvement district, that the establishment of the district would be stayed until a referendum is
held allowing all affected property owners to vote on the establishment of the lake improvement district.
The referendum must be held in the following July or August.
If the District is established by the City Council, at any time in the future a petition signed by at least a
majority of the property owners will require the City Council to hold a public hearing to consider the
termination of the District.
The purpose of this public hearing is to receive comments from property owners on Carman Bay
concerning the establishment of the Carman Bay Lake Improvement District. After opening the public
hearing it is recommended that the City Council allow Steve Nielsen, a representative of the Carman Bay
Volunteer Committee, to give a report from the Committee concerning the establishment of the Carman
Bay Lake Improvement District.
Prepared By: Nz Reviewed By: Nz Approved By: W,
AGENDA ITEM
3. Cost. By establishing the district the City of Orono does not incur any additional costs other than
the publication costs of the process. The city can offer to contribute to the cost of improving the bay if it
chooses to do so. The annual cost of the improvement actions in the bay is estimated to be $20,000 to
$30,000. .
4. Funding. The costs incurred by the District will be paid by a tax levied on property owners in the
district, and by grants that may be received. The Cities of Excelsior and Greenwood have contributed
toward the annual costs of the improvements to St Albans Bay
5. Staff Recommendation. I recommend that City Council hold the public hearing and determine if the
Carman Bay Lake Improvement District should be established.
COUNCIL ACTION REQUESTED
1. Motion to accept the Certified Petition for the establishment of the Carman Bay Lake
Improvement District.
2. Motion to approve the resolution establishing the Carman Bay Lake Improvement District.
3. Motion to appoint the Initial Board of Directors for the Carman Bay Lake Improvement
District.(see exhibit J)
OR
Motion to deny the establishment of the Carman Bay Lake Improvement District.
Exhibits
Exhibit A. Resolution Approving the Establishment of the CBLID with Attachments
Exhibit B. City Council Minutes of November 14, 2016 concerning Carman Bay LID.
Exhibit C. May 22, 2017 City Council Agenda Item on Carman Bay Lake Improvement District
Exhibit D. Carman Bay Lake Improvement District CBLID Petition
Exhibit E. City Administrator's Certification of the Carman Bay Lake Improvement District CBLID
Petition
Exhibit F. DNR Advisory Report on the Formation of the Carman Bay Lake Improvement District
in Orono, Hennepin County
Exhibit G. Benefits of Carman Bay LID
Exhibit H. Letters from the Lake Minnetonka Association, Lake Minnetonka Conservation District
and the City of Greenwood supporting the establishment of the Carman Bay Lake
Improvement District.
Exhibit I. Emails form Carman Bay residents supporting the establishment of the Carman Bay Lake
Improvement District.
Exhibit J. List of Candidates for the Initial Board of Directors for the CBLID
Prepared By: Nz Reviewed By: Nz Approved By: W,
City Council
Exhibit A
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
M�
A RESOLUTION APPROVING THE ESTABLISHMENT OF THE CARMAN BAY
LAKE IMPROVEMENT DISTRICT
WHEREAS, the Orono City Council may agree the establishment of a lake improvement
district under Minnesota statute section 10313.515; and
WHEREAS, the Orono City Council must adopt a resolution to establish a lake improvement
district; and
WHEREAS, the resolution must:
(1) specify the boundaries of the district, which shall be encouraged to be as consistent as
practical with natural hydrologic boundaries;
(2) prescribe the water and related land resource management programs to be undertaken in the
district;
(3) state how the programs will be financed;
(4) designate the agency that will be responsible for supervising the programs; and
(5) Specify the number, qualifications, terms of office, and method of election, removal, and
filling of vacancies of the Board of Directors, including a method for property owners not
present at the annual meeting to participate in the election of the district board.
NOW BE IT THEREFORE RESOLVED that city council of Orono, Minnesota hereby
intends to establish a Carman Bay Lake Improvement District (CBLID) and that:
(1) The boundaries of the CBLID shall be as shown on the Exhibit A map (attached). This
boundary is consistent with the natural hydrologic boundaries of the bay and includes all
properties that have lake rights to Carman Bay, Lake Minnetonka.
(2) The water and related land resource management programs to be undertaken in the CBLID to
include prevention and management of aquatic invasive species per the Exhibit B, (attached)
which outlines the water and related land resource management program to be undertaken.
(3) The prevention and management program will be financed by a levy on the property owners
in the district plus grants and gifts. The actual levy and its distribution will be approved by
the Carman Bay Lake Improvement District Board of Directors at their annual meeting
which will be in July or August of each year and all property owners will be notified of the
meeting. The cost to treat Carman Bay is estimated to be $20,000 to $30,000 per year plus
lake monitoring, administrative costs and spot treatments in any non -treatment years. Exhibit
C (attached) shows the proposed budget for the CBLID for 2018.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
(4) The City of Orono shall oversee the operation of the CBLID.
(5) The Board of Directors of the Carman Bay Lake Improvement District shall consist of 7
members serving 2 year terms except for the initial 7 members which shall include 4
members for 3 year terms and 3 members with 2 year terms. The initial members shall be
appointed by the City Council with subsequent members elected at the annual meeting of the
CBLID. The initial and all subsequent Board of Directors must include persons owning
property within the district, and a majority of the directors must be residents of the district.
All Carman Bay property owners at the annual meeting shall be allowed to vote. Property
owners who cannot attend may submit their vote by mail which must be received by the City
of Orono before the start of the Annual Meeting. Vacancies on the Board of Directors shall
be filled by a vote of the remaining Board members.
NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Orono that the Mayor is authorized to send a copy of this resolution to the Department of Natural
Resources Commissioner, the Minnehaha Creek Watershed District Board of Managers, the
Lake Minnetonka Conservation District Board, the Secretary of State, and the Minnesota
Pollution Control Agency.
NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Orono that this resolution shall be effective 30 days after it is published in the official newspaper
of the City of Orono.
ADOPTED by the Orono City Council on this day of 120
on a vote of ayes and nayes.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Resolution
[IHennepin County Locate & Notify Map Exhibit
. Date: 6/26/2017
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This data (i) is furnished 'AS IS' with no representation as to
completeness or accuracy (ii) is furnished with no warranty of any
kind; and (iii) is notsultable for legal, engineering or surveying
purposes. Hennepin County shall not be liable for any damage, injury
or loss resulting from this data.
For more iMormation, contact Hennepin County GIS Office
300 6th Street South, Minneapolis, MN 55487! gis.intoiQhennepin.us
Resolution
Exhi it B
Exhibit B - Water and Land Management Resource Management Programs To be Undertaken In
The Carman Bay Lake Improvement District
The following information is being submitted at the request of the DNR for their consideration as we the
citizens of the District with the cooperation of the City of Orono move forward to establish the proposed
Carman Bay Lake Improvement District (CBLID) in accordance with Minnesota Rules 6115.0970.
A written statement of lake problems and objectives
The proposed type or types of water and land related resource management projects to be under-
taken by the proposed district. This shall include a detailed statement of intended studies, manage-
ment programs, remedial actions and construction projects
A statement of the means by which the programs will be financed
A map showing the boundaries of the proposed LID
The number of directors proposed for the District
Copies of local ordinances which regulate the use of the lake or any public access
Any information indicating the degree of local interest and commitment to future management
The identification of any lands and waters which may be adversely affected by the implementation
of District purposes, and a preliminary assessment of these adverse effects
A statement outlining the adequacy and ownership of public accesses, including public lands and
beaches
An estimate of the total equalized valuation of the property within the district
Any other information demonstrating accordance with the criteria and standards for establishment
as laid out in 6115.0960
A written statement of lake problems and objectives.
Eurasian watermilfoil and curlyleaf pondweed, invasive plants, have been problematic in Carman Bay for
several decades. These two plants have reduced the diversity and abundance of native plants and therefore
have diminished the health of the Bay. As well, these two plants interfere with boating, swimming, recrea-
tion and enjoyment.
The Carman Bay residents, in coordination with the Lake Minnetonka Association (LMA) and the Minne-
sota Department of Natural Resources (DNR) have developed and implemented a Lake Vegetation Man-
agement Plan or LUMP (attached), which has significantly controlled Eurasian watermilfoil and curlyleaf
pondweed and increased the diversity and abundance of native plants without compromising water quality.
Carman Bay was one of 3 Bays on Lake Minnetonka involved in the Lake Minnetonka Milfoil Project
which was conceived in 2006. This "Three Bay Demonstration Project" was a cooperative effort between
the LMA and the Lake Minnetonka Conservation District (i -MCD). The project brought these two organ-
izations together with the US Army Corps of Engineers and the DNR to assess new technologies and ap-
proaches for large-scale selective herbicide treatments to control and combat EWM.
Exhibit B - Water and Land Management Resource Management Programs To be Undertaken In
The Carman Bay Lake Improvement District
The majority of the costs for these treatments have been voluntarily borne by the Bay residents, although
the City of Orono and the DNR have contributed in the past. A Lake Improvement District (LID) has
been proposed to more equitably, efficiently and reliably fund and administer this program.
Other aquatic invasive species (AIS), those now in the Bay as well as those that may be introduced and es-
tablished in the future, pose similar threats to the Bay's health and recreation and are therefore a concern.
Zebra mussels are now in the Bay, however no known controls are available at this time. Control pro-
grams for other invasive plants, animals and pathogens will be considered by the LID.
Problems:
Eurasian watermilfoil and curlyleaf pondweed diminish the health of and interfere with recreation
in Carman Bay.
2. Zebra mussels now in Carman Bay as well as other AIS that may become established in Carman
Bay are likely to have similar impacts to its health and enjoyment.
Objectives:
1. Eurasian watermilfoil and cudyleaf pondweed will be controlled as specified in the LVMP.
2. Dative plants and water quality will be maintained or improved as specified in the LUMP.
Monitor and assess impacts of additional AIS and consider feasible controls when needed and ap-
propriate.
The proposed type or types of water and land related resource management projects to be under-
taken by the proposed district. This shall include a detailed statement of intended studies, man-
agement programs, remedial actions and construction projects.
The initial and primary management project of the LID will be the continuation of the Eurasian watermil-
foil and curlyleaf pondweed control program under the LV.VIP, including the required monitoring and as-
sessment.
The LID will monitor and evaluate the availability of feasible controls for zebra mussel and when available
and needed, the LID can develop and implement zebra mussel controls in coordination with local agen-
cies.
The LID will develop plans and programs for additional AIS, if and when they become established and
problematic in Carman Bay.
Land management projects are not anticipated.
Recent controls of Eurasian watermilfoil and curlyleaf pondweed have used herbicides registered by the
United States Environmental Agency and have been permitted by the Minnesota Department of Natural
Resources. The products and methods used have occurred within a strict regulatory milieu, which is de-
signed to minimize likely adverse effects and unintended consequences. Therefore, rather than causing or
increasing adverse side effects, the proposed LID will more likely control and decrease adverse effects.
Should the LID employ other products or methods to control EWM and CLPW or other AIS, it will occur
with the same regulatory oversight. Therefore, adverse effects to land and water are not anticipated.
Exhibit B - Water and Land Management Resource Management Programs To be Undertaken In
The Carman Bay Lake Improvement District
As the LID considers or proposes modifying the current EW'_VI and CLPW control program or any con-
trol programs for other AIS, detailed assessments of possible adverse effects to lands and Graters will be
provided as required or appropriate.
CARMAN BAY LAKE IMPROVEMENT DISTRICT
Sample initial Budget and Estimated Assessment
The Carman Bay LID programs will be financed by a levy on the property owners within
the LID initiated by petition and with the cooperation of the City of Orono. The actual levy
and its distribution will be approved by the CBLID Board each year at the Annual
Meeting.
Based on our experience of the past 10 years, the estimated cost to treat AIS in Carman
Bay for the year 2018 including lake monitoring, administrative costs, and spot treatments
is $20,000.
The following is considered a reasonable food faith estimate of the needed annual levy
necessary to fund the foregoing:
Lakeshore Property Owners — 76 properties @ $200 $15,200
Cove Property Owners- 34 properties @ $150 $ 5,100
Undeveloped Lots — 3 properties @ $100 $ 300
TOTAL $20,600
Plus Gifts, Grants and Contributions
City Council
Exhibit B
MINUTES OF THE
ORONO CITY COUNCH. MEETING
Monday, November 14, 2016
7:00 o'clock p.m.
5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued)
Walsh asked who would collect the funding.
Roy stated the LID Board that would be appointed by the Council would draft a budget, which would
then be presented to the City Council for approval. Following that, the budget would be sent in to
Hennepin County. The fee would then be assessed by Hennepin County the following year.
Walsh asked what the biggest complaints are that are received from the residents.
Tucker stated their biggest issue is an inability to reach people and that everything needs to be in place by.
the springtime. Sixty-one percent of the residents are currently in favor and have been funding it. Tucker
stated they have attempted to educate the group and hold periodic meetings to answer questions. Tucker
stated in her view they have gotten over a few hurdles with the residents and they have witnessed the
results from the treatments.
Council Member Printup asked how many people would be on the board.
Tucker indicated seven.
McMillan asked if they have a ballpark estimate for the treatment.
Tucker stated they have projected an estimate for next year of $30,000. The following year will be
perhaps $20,000, which would be $175 per resident.
McMillan asked if they would still maintain the policy of not putting chemicals in front of anyone's
property that is opposed to it.
Mark Kieper stated they would be following that policy.
Council Member Cornick asked where the grants came from.
Tucker stated from 2008 to 2013, they received grants from the DNR and the LMCD, which were slowly
reduced over the years. Tucker stated after the 5 -year project was done, the residents were pretty much
on their own. In addition to the grants, they did receive a $3,000 contribution in 2010 from the City of
Orono.
Cornick asked what the average grant was.
Mary Drazan indicated they varied.
Tucker noted the LMCD gave $10,000 in 2008 and 2010. In 2011, the LMCD contributed $9,000 but
discontinued the grant in 2012. The DNR was involved until 2013.
Cornick asked if they feel there will be any future grants available.
Tucker stated they do not unless it comes from the state.
McMillan noted if the bays are treated every year, in the long term they end up using fewer chemicals.
Page 4 of 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 14, 2016
7:00 o'clock p.m.
5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued)
Mark Kieper, 2499 Kelly Avenue, stated one of the likely reasons for the elimination of the grants is that
more focus is now being placed on zebra mussels.
Tucker stated the milfoil does tend to form a dense mat and also decreases property values. Tucker
commented they have noticed a difference with the number of boats using the bay as well when the
milfoil is being treated.
Walsh asked whether high water or low water levels affect the milfoil treatments.
Patrick Selter, PLM Lake and Land Management Corporation, Brainerd, stated the water level will impact
it and that the chemicals are adjusted depending on the depth of the water. Setter stated they typically do
not treat in deep water levels or in areas where there is grass growing.
McMillan asked whether the treatment would impact lawn irrigation.
Tucker stated to her understanding the residents must wait 24 hours.
Setter stated irrigation on straight grass does not have any restrictions but treated water used on any
vegetables or food crops can be up to 120 days.
Printup asked what some of the negative feedback has been on bays that have been treated.
Selter stated the biggest problem is native plant return. Selter stated natives are easier to deal with than
the milfoil and that 80 percent of the milfoil vegetation is at the surface. Selter stated they are very
careful in how the treatments are done and that they monitor the trends in the lake so they can see if there
are any adverse impacts to the native plants. Selter stated they are now seeing on Lake Minnetonka that
the plant diversity is increasing and the milfoil is decreasing. Selter stated a lot of people like the
treatments but that it takes a couple of years to balance out the natives following the treatment. The areas
that do not have consistent treatment can experience spikes in the milfoil.
Walsh asked what the feedback has been on Lake Albans Bay.
Roy stated the feedback has been very positive and that they have been able to go to treatments every
other year. Roy indicated the biggest complaint they receive is the amount of native plants.
Walsh stated he would be supportive of getting rid of the invasive species and the City contributing some
money.
Poehler noted the Council will need to hold a public hearing within 30 days once it is determined the
petition is valid.
Tucker stated they would like to start the petition now to get a head start for the spring. If approval is
received from the Council tonight, they can start working on the petition. Tucker stated they can also
then work with the City Administrator on electronic signatures.
Page 5 of 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 14, 2016
7:00 o'clock p.m.
5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued)
Walsh moved, Printup seconded, to direct the Carman Bay residents to move forward with the lake
improvement district petition in the next 30 days and bring it back to the City Council for final
approval once the signatures are verified.
Printup commented he would be interested in hearing from the people who are not in favor as well.
VOTE: Ayes 4, Nays 0.
PUBLIC HEARING
6. CONSIDERATION OF LOCATION RESTRICTIONS, LEVEL III SEX OFFENDERS
Community Development Director Barnhart stated over the past several months the City Council has
discussed location restrictions for Level III sex offenders. Level III sex offenders are individuals that
have committed sex related crimes, have been adjudicated, imprisoned, and have been designated as
likely to reoffend upon their release. When a Level III individual is released, the State holds a
neighborhood information meeting. Currently there is no city ordinance that provides guidance as to
where Level III offenders may reside.
Barnhart noted a number of cities are starting to respond to these concerns by drafting ordinances that
prohibit residence of Level III offenders within certain distances of parks, schools, daycare centers. The
Orono City Council had previously indicated they would like to receive comment from the public prior to
moving forward with a formal ordinance.
Barnhart stated the public hearing should be opened and then direction provided to Staff on how to
proceed.
Mayor McMillan opened the Public Hearing at 7:37 p.m.
Richard Anderson, Crystal Bay Road, stated he has been around the Crystal Bay neighborhood for the last
55 years. The area has changed drastically in the last few years, with approximately 15 new kids as well
as seven or eight new families living in the neighborhood. Anderson stated he would like the ordinance
to also cover Level I and Level II offenders but that he understands it probably will not pass.
Anderson stated his main concern is that they do not know who some of these people are that are coming
into the neighborhood. Anderson stated they have an issue with people renting out their dock slips to
non -Orono residents and that it is possible there are Level I to Level III sex offenders among those
people. Anderson stated he knows who his neighbors are but that he does not know who these dock slip
renters are. Anderson noted those people who rent out the boat slips are able to get the lay of the land and
start to become part of the neighborhood.
Anderson commended the City Council for considering this.
Mayor McMillan closed the Public Hearing at 7:40 p.m.
Printup asked why it is harder to regulate the Level I and Level II offenders.
Page 6 of 28
City Council
Exhibit C
AGENDA ITEM
Item No.: 12A Date: May 22, 2017
1 Item Description: Carman Bay Lake Improvement District
�� j",j� G` Presenter: Doug Reeder, Interim City Agenda Consent
���F'� Ho�� Administrator Section:
1. Purpose. The purpose of this item it to set a public hearing for the establishment of a Lake
Improvement District for Carman Bay.
2. Background. On November 141, 2016 the City Council heard a request from Orono residents living
on Carman Bay to set up a Lake Improvement District which would allow them to fund improvements to
the lake in Carman Bay through the levying of a tax on the abutting residents. At that meeting the City
Council passed a motion directing the Carman Bay residents to move ahead with the petition and bring it
back to the City Council.
In order to set up a Lake Improvement District a petition has to be signed by a majority of the property
owners in the district. Steve Nielsen, who is heading up the effort to get the required petition, has
presented the City Administrator with the required signatures on a petition and is now asking that the City
Council take the next step required which is to set up a public hearing on the establishment of a Lake
Improvement District for Carman Bay.
The full petition with names of the signers will be available at the public hearing, but it appears that there
is a vast majority of the property owners who have signed.
After the petition is verified to have enough signatures and after the public hearing the City council could
approve the establishment of the Lake Improvement District and send it to DNR for their approval.
3. Cost There is no direct cost to the city although since the city apparently owns some land on
Carman Bay and the City could contribute to the cost of treating the bay.
4. Funding. The cost of treating Carman Bay will be paid through a levy on the property owners. This
will not begin until 2018 and any treatment done this year will be through contributions.
5. Staff Recommendation. I recommend that Council set a public hearing for June 26, 2017 for the
Establishment of a Lake Improvement District for Carman Bay.
COUNCIL ACTION REQUESTED
Motion to set a public hearing for the establishment of a Lake Improvement District for Carman Bay on
June 26, 2017 at 7PM.
. Exhibit
A. City Council Minutes of November 14, 2016.
B. Map of Carman Bay Lake Improvement District
C. Petition for Carman Bay Lake Improvement District
Prepared By: Reviewed By: Approved By: DR
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 14, 2016
7:00 o'clock p.m.
APPROVAL OF MINUTES
*3. CITY COUNCIL WORK SESSION OF OCTOBER 24, 2016
Printup moved, Cornick seconded, to approve the minutes of the Orono City Council Work Session
of October 24, 2016, as submitted. VOTE: Ayes 4, Nays 0.
*4. CITY COUNCIL MEETING OF OCTOBER 24, 2016
Printup moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of
October 24, 2016, as submitted. VOTE: Ayes 4, Nays 0.
PRESENTATION
5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID)
Mary Drazen, Rob Roy, Mark Kieper, and Mary Tucker were present from the Carman Bay Lake
Improvement District, and Patrick Selter from PLM Lake and Land Management Corporation was
present.
Mary Tucker stated she has been a bay captain for Carman Bay since 2008. Tucker stated they are here
tonight to present information on the Carman Bay LID. The goal is to move forward in the spring with a
petition to the Carman Bay residents.
Tucker stated the Lake Minnetonka Association and the Lake Minnetonka Conservation District
cooperatively initiated the "Three Bay Demonstration Project" in 2006 to address concerns among
lakeshore owners and lake users that Eurasian Water Milfoil (EWM) and Curly Pondweed (CLP)
continue to be problematic in Lake Minnetonka. In addition, the U.S. Army Corps of Engineers and the
Minnesota Department of Natural Resources were interested in new technologies and approaches for
large-scale, selective herbicide treatments to control EWM and CLP.
Following this study, there was continued interest in bay -wide treatments. The Lake Minnetonka
Association, the LMCD and the DNR then developed and adopted a Lake Vegetation Plan to guide and
frame a five-year bay -wide EWM and CLP control program in Carmans, Grays and Phelps Bays. The
funding primarily falls on the lakeshore owners. Public funding has been uneven. Fundraising
responsibilities depend to a very large extent on the bay captains. Tucker stated they are here to seek
support from the City Council with regard to this project.
The first treatment on Carman Bay started in 2008. During that time, the DNR and Army Corps spent
two years developing a protocol, which was followed by a very successful treatment in 2010. Treatment
was also done in 2011, and by 2012, the bay had basically gone from a lot of milfoil almost down to zero
in this time frame. Another full treatment of the bay was done in 2013. Tucker stated by this time, the
residents were getting funding fatigued and so they did not have treatment in 2014 and 2015. The milfoil
came back as a result of no treatment. Tucker stated in 2016 they were able to raise enough funds but had
to go back to a full treatment. Tucker stated their goal is to have consistent funding to avoid the ups and
downs in the treatment.
Page 2 of 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 14, 2016
7:00 o'clock p.m.
5. CARMAN BAY LAKE E"ROVEMENT DISTRICT (LID) (continued)
Tucker displayed a graph showing the areas of heavy milfoil infestation prior to treatment as well as a
graph depicting Carman Bay following the eradication. Tucker stated the treatment was very successful.
Tucker stated LID stands for Lake Improvement District. Lake Improvement Districts were implemented
by the state legislature in the early 1970s for three specific reasons, which were to help provide clean
water, to manage lake levels, and to control aquatic invasive species. Lake Improvement Districts are a
means of funding these activities. There are over 40 LIDS in the State of Minnesota.
Tucker indicated a LID is formed by a petition from lakeshore residents and those who have lakeshore
access. A majority of the residents must approve of the LID. There also must be approvals by the cities
affected and the DNR. The DNR then receives and approves the formation of the LID. Once those steps
are accomplished, a taxing district will be established for those residents affected.
Residents that are affected form a board and decide how the funds collected will be spent. Residents are
appointed by the city council for the first year. After that, they will be elected by those affected by the
LID annually. The money collected will be spent on the control of aquatic invasive species only.
Tucker stated other residents on Lake Minnetonka can form a LID. Each bay must meet the DNR
requirements and receive approval by the cities. The main requirement by the DNR is to have public
access, such as a beach, fishing pier, or boat launch. Carman Bay would like to institute a LID to ensure
sustainable funding in controlling aquatic invasive species.
Tucker stated the next slide shows that the DNR has agreed to the Carman Bay definition and the area
that would be included in the LID. Tucker displayed a draft copy of the petition. Tucker stated they were
successful in 2016 because they started talking about what they wanted to do and began their fundraising
efforts in the fall for the spring treatment. Tucker stated they would like to be able to have enough money
to be able to do spot treatments going into the future.
Council Member Walsh asked how many parcels are involved in the district.
Tucker indicated there are 114 parcels.
Walsh asked if they need to get 58 of those parcels to form the LID.
Tucker stated they have 61 percent participating already in the fundraising and that their goal is to reach
75 percent or higher. Tucker stated everyone was very excited about the LID and that they would like to
move forward with it.
Walsh asked how many signatures are required from each parcel.
Rob Roy, Advisory Board LID Member, stated they require one signature per household.
Walsh asked if there is a sunset date on the LID or whether it is permanent.
Roy indicated it can be dissolved upon a majority agreement of the residents after it is established.
Page 3 of 29
City Council
Exhibit D
Carman Bay Lake Improvement District CBLID Petition
PETITION FOR THE ESTABLISHMENT OF A LAKE IMPROVEMENT DISTRICT
To the City of Orono and Hennepin County: The undersigned property owners are requesting
that the City of Orono establish the "Carman Bay Lake Improvement District" (CBLID) as
proposed below. The CBLID is needed to provide an equitable and stable ongoing funding for
Carman Bay residents to manage existing aquatic invasive species (AIS), such as Eurasian
Watermilfoil on Carman Bay and be positioned to deal with future AIS threats. Voluntarily
funded Bay wide treatments in past years including 2016 have been very successful in
controlling Eurasian Watermilfoil on Carman Bay.
Absent these treatments Eurasian Watermilfoil would dominate Carman Bay to the detriment of
property values, recreational water activities, water quality, general health and appearance.
The benefits to the property owners as well as outside users of Carman Bay from the proposed
CBLID would be improved recreational uses of the Bay, a return to its natural appearance, and
providing a healthy Bay for native aquatic species. The Carman Bay Lake Improvement District
is needed to provide an equitable and stable source of funding to help continually manage
towards a healthier Bay.
The proposed boundaries of the CBLID are properties with direct access to the Bay or its
coveslchannels. The properties defined as "Carman Bay" include all addresses from the west
side of the Bay beginning with 3229 Casco Circle, PID 2011723430003 around to the east side
of the bay ending with 2800 Pheasant Rd, PID 2111723320004. All of these properties would
benefit from the CBLID improvements.
The CBLID would have 7 directors, who would be elected at an annual meeting of the property
owners. The initial directors would be appointed by the City of Orono. It is requested that the
city of Orono provide administrative support and oversight for the CBLID.
Property Owner Full Name (only one name required):
Carman Bay Street Address:
Zip Code:
Yes, I agree to support the CBLID (signature here): _
City Council
Exhibit E
MEMORANDUM
TO: Mayor and Orono City Council
FROM: DOUG REEDER
SUBJECT: CARMAN BAY LAKE IMPROVEMENT DISTRICT CBLID PETITION
DATE: JUNE 28, 2017
THIS MEMO IS TO DOCUMENT THAT I HAVE RECEIVED TODAY A
PETITION FROM 82 PROPERTY OWNERS ON CARMAN BAY FOR THE
ESTABLISHMENT OF A LAKE IMPROVEMENT DISTRICT ON CARMAN
BAY. I HAVE EXAMINED EACH PETITION AND FIND THAT THEY ARE
FROM PROPERTY OWNERS ON CARMAN BAY IN THE CITY OF ORONO.
DOUG REEDER
INTERIM CITY ADMINISTRATOR
CITY OF ORONO
Minnesota Department of Natural Resources
500 Lafayette Road • St. Poul, MN . 55155-40 _
July 10, 2017
Dennis Walsh
Mayor, City of Orono
P.O. Box 66
Crystal Bay, MN 55323
City Council
Exhibit F
Minnesota
I'll 1i:
l
OPARTYENTOF
NATUML RESOURCES
Re: DNR Advisory Report on the Formation of the Carman Bay Lake Improvement District in
Orono, Hennepin County
Dear Mayor Walsh:
The Minnesota Department of Natural Resources has reviewed the petition submitted to create the
Carman Bay Lake Improvement District (CBLID) and prepared this Advisory Report in accordance with
Minnesota Rules part 6115.0970 subp. 5.
Goals of the Proposed Lake Improvement District
The stated goal of the CBLID is to manage existing Aquatic Invasive Species (AIS), as well as any future
AIS that become established in the bay.
Residents of Carman Bay have treated the bay with herbicides for Eurasian Waterm€Ifo€I (EWM) and
curlyleaf pondweed (CLP) since 2008, in accordance with a Lake Vegetation Management Plan (LVMP)
developed by the DNR for several Lake Minnetonka bays (including Carman), in cooperation with the
Lake Minnetonka Association (LMA) and the Lake Minnetonka Conservation District (LMCD). Funding for
treatments has been voluntary on the part of residents, sometimes supplemented with grants and other
funds provided by the cities, the DNR, and other organizations.
Background Information on Carman Bay
1 Carman Bay is a subbasin of upper Lake Minnetonka (27013305). It has a wide connection to
the main upper lake, and does not have its own subbasin number.
2 The bay has a surface area of about 294 acres with a littoral area (15 feet deep or less per
M.R. part 6280.0100, sub 9) of 187 acres, or 64 percent of the surface area'. Generally, the
littoral zone is the part of a lake where rooted aquatic plants can grow, though the maximum
depth at which plants can grow depends on water clarity and so varies from lake to lake and
even from year to year within the same lake.
3 Several aquatic invasive species have been documented in or near the bay. Eurasian
watermilfoil (Myriophyllum spicatum, EWM) and curlyleaf pondweed (Potamogeton crispus,
CLP) have been present at nuisance levels for decades. Zebra mussels (Drelsseno
polymorpha) were observed in 2010, and the DNR has a record of purple loosestrife (Lythrum
salicaria, L. virgatum, and hybrids) and flowering rush (Butornus umbellatus) in the
catchment .2
Lake Minnetonka Conservation District tLMCD) Comprehensive Eurasian Watermlifoll and Curly -leaf Pandweed Management Plan, 2013
Minnesota Department of Natural Resources
www.dnistate.mn.us
AN EQUAL OPPORTUNITY EMPLOYER
PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST -CONSUMER WASTE
4 Carman Bay was one of three Lake Minnetonka bays involved in the Lake Minnetonka Milfoll
Project in 2006. This project assessed various technologies and approaches for conducting
large-scale herbicide treatments to control EWM, and was the impetus for the formation of
the bays' Lake Vegetation Management Plan,
5 Aquatic invasive plant management in Lake Minnetonka is focused on the lake's numerous
bays, because the bays contain most of the lake's littoral zone and therefore the majority of
aquatic plant growth.
6 The bay is In an urban/suburban landscape dominated by development.
7 The lake is considered an impaired water for mercury, and the Minnesota Pollution Control
Agency (MPCA) has issued a consumption advisory for fish caught in the lake.
8 Lake Minnetonka is classified as a General Development (GD) lake. GD lakes have structure
setbacks of 50 feet above the Ordinary High Water Level (OWHL) for sewered structures and
75 feet for unsewered structures.
9 Public access to the bay is available at several points. The City of Orono owns three parcels
on the lake, and the lake can also be accessed via city rights of way on four streets. One of
these, Lydiard Avenue, has a beach swimming area. The DNR does not operate any boat
landings or water access points on the bay, but it is easily accessible via main Upper Lake
Minnetonka.
10 Secchi depth readings have a 5 -year (2006-2010) summertime average of about 8.5 feet. The
lake's trophic status is mesotrophic, and it fully supports surface recreational use. Water
quality is monitored by the Lake Minnetonka Association or its agent3.
11 The proposed method of the Lake Improvement District formation is by citizen petition.
issue Analysis
Aquatic Invasive Species Manaeement
EWM was discovered in Lake Minnetonka in 1987, and is currently the most problematic plant in
Carman Bay. It is the second most abundant plant in the bay, after the native Ceratophyllum dermersum
(coontail). EWM grows in dense mats on the water surface, interfering with surface recreational use,
and can grow over and choke out native plants. The LMCD and the LMA have adopted the goal of
reducing EWM coverage to a maximum of 20% in Carman Bay to reduce interference with surface
recreational use, maintain or increase frequency and richness of native aquatic plants, and maintain or
increase water quality.
Current treatment and monitoring regimens are described in a DNR -approved Lake Vegetation
Management Plan (LVMP), with the Lake Minnetonka Association serving as project manager. The
current LVMP addresses AIS management in several Lake Minnetonka bays (Grays, Phelps, and North
Arm, in addition to Carman), and includes a variance approval to treat more than the standard 15%
littoral area with herbicides. Although frequency of CLP has been drastically reduced, EWM remains at
nuisance levels and supports the granting of the variance. Section 7: Conditions of APM Permits and
Variance, restricts herbicide treatment to a maximum of 96 acres and prohibits treatment within 75 feet
of areas with bulrush or water lilies. Table 3 of the LVMP lists several aquatic plant management
monitoring requirements. If approved, the DNR expects the LID to continue AIS management work
under the guidelines and requirements of the LVMP, and to take over the responsibilities in Table 3
unless otherwise carried out by the LMA or the LMCD.
The herbicide treatments regulated under the LVMP are only one component of a comprehensive EWM
and CLP Management Plan, developed and overseen by the LMCD, for all of Lake Minnetonka. This
comprehensive plan includes not only systemic herbicide treatment, but also spot herbicide treatment
3 Lake Mlnnetonka; Phelps, Carmans, Grays and North Arm Lake Vegetation Management plan, May 30, 2014
by private landowners and mechanical weed pulling. It also includes lakewlde assessment of EWM
growth via aerial surveys and vegetation assessments during treatments. This plan identifies Carman
Bay as a suitable candidate for large scale herbicide treatments, ranking it at 41h of seven bays so
identified. In the current Lake Minnetonka AIS management strategy, responsibility for the baywlde
herbicide treatments falls to the local property owners; the activities of the proposed LID would take
over this part of the management plan.
If any new AES become established in Carman Bay, the DNR encourages the LID to coordinate with the
DNR, the LMA, and the LMCD to devise, adopt and carry out any management actions needed for these
new AIS. Because zebra mussels have already been found in the bay, the LID may want to consider
adding monitoring for zebra mussel distribution in the bay, and if necessary management of mussels, to
its scope of activities.
The bay is easily accessible from a large number of points. There is a public beach and several public
access points at the ends of streets. Although there are no public boat launches on the bay, there are
two licensed multiple dock areas—Pheasant Lawn HOA and Waiters Port Association'. The bay also has
a very open connection to the rest of Upper Lake Minnetonka. All of these areas provide opportunities
for new AIS to be introduced, and for those already present to be transferred elsewhere. The petition
does not discuss monitoring, cleaning stations, or educational efforts at any of these locations, but such
efforts are a key component in managing and limiting the spread of AIS. The DNR strongly encourages
working with the Pheasant Lawn HOA and the Walters Port Association to implement a campaign to
promote AIS prevention and management at these locations.
The local AIS specialist, Keegan Lund (Keegan.lund@state.mn.us, 651-259-5828) and the local contact
for the DNR's Watercraft Inspection Program, Adam Doll (Adam.Doll @state.mn.us, 651-259-5835), can
provide guidance on these efforts. In addition, the DNR issues grants to help with many of these
activities, and Hennepin County may also. See
http://www.dnr.state.mn.us/grants/aquatic_ invasive/index.html, or contact AIS Grants Coordinator
Wendy Crowell (wendy.crowell@state.mn.us, 651-259-5085) or DNR Ecosystem Management and
Protection Section Manager Ann Pierce (a nn. pierce Ostate.mn.u 6651-259-5119) for possible funding
opportunities.
Recommendations/Conclusions
Proposed LID Boundaries
The boundaries of the proposed LID include only properties adjacent to Carman Bay. It does not include
all of Lake Minnetonka. MR part 6115.0920 subpart 5 requires that the boundaries include all lands and
waters within the direct drainage basin of the lake (shown on the attached map). However, this rule also
allows the County Board or City Council to create a boundary less than the entire drainage basin with
written Commissioner approval if the boundary selected includes a sufficient amount of the lake's
watershed to develop and implement feasible solutions to the problems the LID intends to address.
Restriction of the district's boundary to the riparian properties of the bay is sufficient to address the AIS
mitigation for which the LID is being proposed, and this practice would be consistent with the history of
AIS management as currently conducted in Lake Minnetonka and as described in the LVMP. Therefore,
in accordance with these rules, the DNR approves the proposed boundaries identified in the resolution.
4 Lake Minnetonka Conservation District {LMCD) Comprehensive Eurasian Watermilfoil and Curly -leaf Pondweed Management Plan, 2013
Other
The information provided meets the requirements of lake improvement district statutes and rules.
Thank you for consideration of these comments. Please contact Kathy Metzker, DNR Land Use
Hydrologist at 551-259-5594, if you have any questions. If approved, please provide the name and
address of the primary contact of the Board of Directors for the LID and remind the LID of its obligation
to provide DNR notice of annual meetings and copies of annual reports per MS § 1038.571.
Sincerely,
DIVISION OF ECOLOGICAL AND WATER RESOURCES
0
Julie Ekman
Manager, Conservation Assistance and Regulations (CAR) Section
Attachment
C, JenniferShilicox, Land Use Programs Supervisor
Kate Drewry, Area Hydrologist (Hennepin County)
Doug Reeder, Interim City Administrator -Orono
Keegan Lund, DNR Aquatic Invasive Species Specialist- Central Region
Adam Doll, DNR Regional Watercraft Inspection Supervisor- Central Region
Chuck Holtman, Minnehaha Creek Watershed District
Daniel Petrik, Land Use Specialist
s
a
Lake Minnetonka: Phelps, Carmans, Grays and North Arm
Lake Vegetation Management Pian, May 30th, 2014
work with the Lake Minnetonka Association and partners to develop an alternative
management strategy. The Lake Minnetonka Association is responsible for ensuring
that all required monitoring is collected in accordance with DNR guidelines and are
submitted to the DNR. The U.S. Army Engineer Research and Development Center
(ERDC) will conduct post-treatment Point -Intercept surveys of Phelps, Corman's, and
Gray's bays in at least 2014.
Table 3. Lake Minnetonka aquatic plant management monitoring requirements
Annual monitoring When?
Completed by whom?
requirements
A
Pre-treatment delineation of Early spring with
Approved contractor other
EWM and CLP and, where report and map
than the commercial
necessary, warranted provided to the
applicator for this project
delineations of areas with MnDNR before
bulrush or water -lilies issuance of an
Invasive Aquatic Plant
Management permit
for the year
B
Bay -wide plant survey using Mid -summer (July-
Approved contractor other
point intercept method September) with
than the commercial
report provided to the
applicator for this project or
MnDNR by 31
ERDC
December annually
C
Observations of Secchi depth Twice per month from
LMA or their agent
in each bay. May 15C - September
30th with final report
provided to the
MnDNR by 31
December annually
E
Report on the results of the Provided to the
Approved contractor other
bay -wide plant survey using MnDNR by 31
than the commercial
point intercept method and December annually
applicator for this project or
other relevant information
ERDC
91Pa�,e
City Council
Exhibit G
Benefits of Carman Bay LID
• Improve Carman Bay Health and Esthetics
• Provide Consistent, Sustainable Funding and Therefore Consistent Treatment
• Reduce Overall Costs
• Less Use of Chemicals
• Keep Harvesters Out of Our Bay
• Ability To Deal With Unforeseen AIS Issues
• Create Our Own Advisory Board To Provide Best Management Practices
• LID Concept Supported By LMA, DNR, LMCD, City of Orono
LAKE
MINNETONKA
ASSOCIATION
February 15, 2015
City Of Orono
2750 Kelley Parkway
Orono, Minnesota 55356
Re: Carman Bay Lake imprvVement District
Our Mayor Walsh and Council Members:
City Council
Exhibit H
-. F Pfah a.
t;
On behalf of the Lake Mlnnatonks Association Board of Directors, I am writing to express our support of
the farmation of a Lake Improvement DbUid (LID) for Carman Bay to control EurtAlan Watlermilfoli and
other Invasive spedes.
In 2008, the Lake Minnetonka Association initiated a Eurasian wattcerrnilfoll control project The project
Initially Involved Carman, Grays and Phelps Bays and, as of 2016, expanded to hxiude, North Arta,
CaMNO/St. Louis. and Gideon Bays. Local residents eonvibutoe the majoft of funds for this prOj d.
The results of the Eurasian waiermiif oil control project has been veru suc¢easU. However, igngoing
monitoring and spot t w nrents are necessary to keep Eurasian watermilfoll and ogler Irmsive plants
under control and to keep costs manaomble. As the residents of Garman Bay poinited out, asldnIll for
phoney every year from their neighbor Is difficult and is not a rdlable source of funding wheriees, the
proposed LID provides an equitable and sustainable approach to provide the necessary funds for the
orsolngtreabMwas.
We appredate the owncnWnert of the residents Of Carman an to keeping the bay healthy and dean
and encourage the qty of Orono to support thetr efforts to establish the Cannan Bay Lake improvement
owet.
Slncerefy,
4MInnet
DI
anke Association
CC: LMA Board
Kevin Kennefidc, 3241 Casco Circle
Steve Nielsm 3300 Carman Road
Mary Drawn, 35N Ivy Puce
Mary Tucker, 3456 Ivy Piece
Mark Kieper, 2695 Kelly Lane
P.O. Box 249
Excelsior, MN 56331
Phone: 952-470-4449
Email: Infoolmassociation.org
Web: www.Imassociation.org
I.I Y
• LAKE MINNETONKA CONSERVATION DISTRICT
np� 5341 MAYWOOD ROAD, SUITE 240 • MOUND, MINNESOTA 55364 • TELEPHONE 952!745-4789 • FAX 952/745-9085
`1 �#4VATf0N I,�
March 27, 2017
RECEIVED
LIAR 2 8 2017
The Honorable Dennis Walsh CITY OF ORONO
Mayor of Orono
Post Office Box 66
Orono, MN 55323
RE: Letter of Support for Carman Bay Lake Improvement District
Dear Mayor Walsh:
The Lake Minnetonka Conservation District (LMCD) received an update from residents stating
they are in the process of establishing a Lake Improvement District (LID) on Carman Bay. One of
the benefits of the LID is to provide a funding tool to help facilitate coordinated efforts for lake
protection and maintenance activities. Some of the LID funds would be used for aquatic invasive
species management and prevention.
The LMCD Board has high regards for these organized efforts andthe opportunities it creates.
Please accept this Letter of Support on behalf of the LMCD for the establishment of the Carman
Bay LID.
Please contact me if you have questions or I can be of assistance at 952.745.0789.
Respectfully,
Vickie Schleuning
Executive Director
cc: Doug Reeder, Interim City Administrator
Steve Nielsen, Carman Bay Coordinator
LMCD Board of Directors
www.Imod.org • Imcd@lmcd.org
To preserve and enhance the "Lake Minnetonka experience"
June 15, 2017
Orono Mayor & City Council
Attn: Doug Reeder, Interim City Administrator
2750 Kelley Parkway
Orono, MN 55356
Re: Support for Carman Bay Lake Improvement District
Dear Mayor Walsh & City Council Members,
Greenwood
City on the Lake
SENT VIA EMAIL
dreeder@ci.orono.mn.us
I am writing on behalf the Greenwood city council to let you know that we enthusiastically support the
efforts to create a Carman Bay Lake Improvement District. Our experience has been nothing but
positive since the creation of St. Alban's Bay Lake Improvement District (SABLID) — the first on Lake
Minnetonka — in February 2015.
Normally our city council would not be supportive of creating a new taxing authority, but our council
unanimously saw the wisdom in the establishment of the SABLID because it is a taxing entity that is
locally controlled for the specific purpose of providing baywide management of aquatic invasive
species. Plus, we have the authority to dissolve the SABLID at any time.
Based on our experience so far, we anticipate that having a steady, reliable funding source will allow
the SABLID to continue to provide open water for St. Alban's Bay users for a long, long time.
If you have any questions, please contact me at 612.718.6753 or dkind100@gmall.com.
Sincerely,
z
AelagA��
Mayor Debra J. Kind
and the Greenwood City Council
CC: Greenwood City Council Members, Carman Bay Lake Improvement District Task Force
20225 COTTAGEWOOD RD, DEEPHAVEN, MN 55331 0 P: 952.474.6633 . F: 952.474.1274 •www.greenwoodmn.com
City Council
Exhibit I
Doug Reeder
From: Charles Nadler <chucknadler@gmail.com>
Seat: Sunday, July 16, 2017 3:28 PM
To: Doug Reeder
Cc: Carmans Bay Committee
Subject: Letter of Enthusiastic Support for council approval of CBLID
Dear Mr. Reeder and City Council Members; I am writing this letter on behalf of my wife and who have been residents
of Orono and have resided on Carmen's Bay since November, 1984. Candice and I have financially supported the LMCD
milfoil demonstration project on Carman Bay every year since the projects treatments began. We have also been
involved in trying to get other bay residents to donate. Many of us who care about the water quality and health of the
bay have been disappointed with the percentage of residents who actually contribute. It has also placed a great burden
on the bay captains time to have to go out and organize the fund raising drive every year (while I have not served in that
role, I salute them for all their efforts- our bay would be clogged with milfoil and we would not be before you today
without their heroic efforts). I believe one year we had to forgo treatment because we couldn't raise enough funds and I
believe in another year, we had to cut back the amount of treatment due to lack of funds. The Lake Improvement district
mechanism is a terrific efficient and equitable solution to raising the funds necessary to keep the milfoil in our bay under
control. Candice and I strongly encourage you to help us keep our bay healthy in this equitable manner by approving the
CBLID. Hopefully this is a very easy decision for you as 72% of the residents have signed a petition of support to create
the CBLID.
Very Truly Yours,
Charles and Candice Nadler (2509 Kelly Avenue)
July 17, 2097
Mr. Doug Reeder
Interim City Administrator
City of Orono
275o Kelley Parkway
Orono, MN 55356
RE- Establishment of Carman Say Lake Improvement District
Dear Mr. Reeder:
We have been residents of Excelsior on the shore of Carman Bay since 1984. We consider the
bay our "backyard" and part of the responsibility we assumed when we purchased our
property. As traffic on the lake has increased over the years, we have always felt it is
important to invest in the care of our bay to keep it inviting for swimming, boating and
playing. We have donated more than the requested amount each year to try to achieve that,
even though many residents do not participate at any level.
The quality of the water should be of concern to all homeowners along the shore because it
affects everyone's property values. We whole-heartedly support the establishment of the
CBLID so that all parties invested in the value of the bay will participate in its maintenance
equitably through taxes. Thank you for your consideration and support of our petition.'
Sincerely,
ACM �"t
Sue Dunkley
SD:as
C.\Users\an9ta\Documents\City of Orono Itr 2017.docx
Doug Reeder
From: Morris, Patricia A <PAMorris@CBBURNET.COM>
Sent: Friday, July 14, 2017 8:52 AM
To: Doug Reeder
Subject: CBLID
Doug Reeder
Interim City Admin
City Of Orono
Dear Mr. Reeder,
I am writing today to address how critical the CBLID is to keeping our bay free of weeds. I have lived on Carman's Bay for
13+ years and as a lakeshore owner have seen firsthand how quickly these weeds can get out of control. In past years
there has been a huge effort to raise funds to do the treatment, with the amount needed always falling short. A very
generous person has always stepped forward and made up the needed funds. My understanding is only about 60% of
the lakeshore owners are contributing to this fund. The CBLID must be established to ensure we are treating each year
on our bay. The mats can get so thick that it becomes impossible to navigate a boat through them. Our treatment this
year produced great results and it is imperative that we do this each year.
I am a real estate agent with primary focus on Lake Minnetonka Lakeshore. I have sold 60+ lakeshore homes and know
that to maintain property values we must be diligent about weed control on the lake. Many times when showing homes
I have heard comments about how weedy the lake looks, and about the huge floating mats. if we do not get this under
control it could hurt property values substantially. Buyers are also very concerned about water quality and it is one of
the first questions I get asked when showing homes. Carman Bay is rated an "A" and has maintained that rating for most
years. We must continue that effort to protect this great natural resource.
Best Regards,
Patty
Patty Morris Realtor
Member Previews -Distinctive Homes
international President's Elite
President's Advisory Council
Certified Relocation Specialist
Caldwell Banker Burnet 1201 East Lake Street, Wayzata NLN- 55391
952-292-7125 cell 1 952-404-5861 office 1 952-473-3932 fax
pamorris@cbburnet.com
http://pattymorrishomes.com/
http://www.facebook.com/pattymorrishomes
Doug Reeder
From: James Diebel <james.diebel@gmail.com>
Sent: Thursday, July 06, 2017 2:32 PM
To: Doug Reeder
Subject: Carman Bay LID
Hi Doug,
I live at 3295 Carman Rd and my house will be part of the proposed Carman Bay LID. I received notice about
the upcoming city council meeting on that topic and, as I am not certain that I will be able to attend, I would
like to submit my comment in writing:
I strongly support the formation of the LID and I would like to thank Steve Nielsen, Kevin Kennefick, Mary
Tucker, Mary Drazen, and Mark Kieper for all their work in getting it established.
Cheers,
James
Doug Reeder
From:
Steve Nielsen <niels031@urnn.edu>
Sent:
Thursday, July 13, 2017 3:11 PM
To:
Doug Reeder
Subject:
Fwd: contacts
I am sending this on as a letter of support from one of our residents on Carman Bay. Thank you.
Steve Nielsen
3300 Carman Rd
Excelsior, MHT 55331
612.716.1932
Begin forwarded message:
From: Ken Keegans <ken.keegans-gmail.com>
Subject: Re: contacts
Date: July 13, 2017 at 2:42:59 PM CDT
To: Steve Nielsen <nie1s031@umn.edu>
Cc: "karen.keegans gmail.com" <karen.keec a� ns@9mail.com>
Steve Nielsen
Carman Bay Volunteer Committee
3300 Carman Rd
Excelsior, MN 55331
Steve, as you know, we recently moved into the area from out-of-state, and now
reside at 3650 Casco Avenue, on Carman Bay.
I understand that there is a meeting on 7124117 regarding the creation of a Lake
Improvement District (LID). Unfortunately, we are unable to attend. We did sign the
petition, and I wanted to emphasize our support for the LID.
Karen, who moved to MN ahead of me, last year, spent over ten months looking for a
new home on Lake Minnetonka. After seeing various parts of the lake, and
researching how the water quality was different around the lake, we focused on parts
of the lake with "A" quality water.
Karen's patience was worthwhile, as Carman Bay has "A" quality water. We both
feel that the creation of a LID for Carman Bay, would ensure the long-term quality
and health of the water, which would also maintain or appreciate property values on
Carman Bay.
Good luck on the 241', and please let us know the outcome of the meeting.
Regards,
Karen and Ken Keegans
3650 Casco Avenue
Wayzata, MN, 55391
City Council
Exhibit J
Candidates for CBLID Advisory Board submitted by Carman Bay Volunteer Committee 7117117
Steve Nielsen
3300 Carman Rd
Kevin Kennefick
3241 Casco Circle
Mary Tucker
3466 Ivy Place
Mark Kieper
2695 Kelly Ave
David Owen
3486 Ivy Place
Ted Chalupsky
2530 Casco Point Rd
Mark Plewka
2499 Kelly Ave
AGENDA ITEM
Item No.: 16
Date: July 24, 2017
Item Description: Wayzata Boulevard (CSAH 112) Phase 2 Design Approval
Presenter: Adam T. Edwards Agenda Public Works Director/
Public Works Director/City Engineer Section: City Engineer's Report
1. Purpose. The purpose of this item is to seek Council authorization for the City Engineer to sign the
final Phase 2 CSAH 112 Turn Back Project plan set.
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 workout 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 at 95% complete and is on schedule to be 100% complete
by late -July and ready for signature. Once complete the design will be prepared for bid solicitation.
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.
3. Throughout the summer and fall the county will continue to negotiate with impacted property owners
for any necessary permanent or temporary easements required for construction.
4. Scope. The feasibility study will consist of topographic surveying, review of existing studies,
preliminary design, and cost estimates for the reconstruction and reconfiguration of Old Crystal Bay Road
between County Road 112 and County Road 6.
5. Cost and Funding. Based on the 90% design the overall project is estimated at $9,400,00. The
estimated Orono cost is —$100,000The Orono Portion of the project is projected to be $100,000 and that
amount has been forecast in the Community Investment Fund CIP. The cost share agreement will be part
of a joint agreement for the three parties; Long Lake, Orono and Hennepin County; to enter into later this
fall. The agreement once signed binds the parties to the project and associated costs as well as
establishing the future maintenance responsibilities.
6. Staff Recommendation. Staff recommends authorizing the City Engineer to sign the Wayzata Blvd
(CSAH 112) Phase 2 Plan Set.
COUNCIL ACTION REQUESTED:
Move to authorize the City Engineer to sign the Wayzata Blvd (CSAH 112) Phase 2 Plan Set.
Reference
A. 90% Plan Set
Prepared By: /
Reviewed By: AE
Approved By: W
AGENDA ITEM
Item No.: 17
Date: July 24, 2017
Item Description: Old Crystal Bay Road (CSAH 112-CSAH 6) Feasibility Study
Proposal
Presenter: Adam T. Edwards Agenda Public Works Director/
Public Works Director/City Engineer Section: City Engineer's Report
1. Purpose. The purpose of this action item is to gain council approval to commence a feasibility study
for Old Crystal Bay Road (OCB) between County Road 112 and County Road 6.
2. Background. For some time there have been concerns regarding the ability of OCB to handle the
traffic associated with the Orono Public School operations. In particular, OCB and those roads that feed
it suffer from heavy congestion during school drop off and pickup times. In 2010 the city authorized
and conducted a traffic and safety study which was followed that same year by a feasibility study. Those
studies suggest two possible courses of action: the installation of traffic circles or the creation of turn
lanes. The traffic circle option was selected and designs begun. However the project ultimately was not
approved. In 2012 a 1.5 inch overlay was applied to this section of road. In 2016 the city and school
began looking at possible improvements to the road including turn lanes. In 2016 the School contracted
with SRF consulting to perform a traffic study of the internal school facilities and the road corridor. The
study confirmed many of the same issues the 2010 studies had identified. At the April 24, 2017 the work
session the council directed staff to look at the road condition and congestion issues. On May 22' staff
presented some options to the City Council's School Committee and received guidance to proceed with
requesting the county reconfigure the OCB-6 intersection to right in/ right out and to work toward a long
term plan for the road with construction in 2018.
3. Scope. The feasibility study will consist of topographic surveying, review of existing studies,
preliminary design, and cost estimates for the reconstruction and reconfiguration of Old Crystal Bay Road
between County Road 112 and County Road 6.
4. Cost. Bolton and Menk has provided a scope of services for a fee estimate not to exceed $24,900
(Exhibit A).
5. Funding. The engineering as well and the eventual projects will be funded with a combination of
Municipal State Aid.
Fund Total Est. End of Year
Fund Balance
MSA Fund $24,900 $267,000
Total $24,900
6. Staff Recommendation. Staff recommends approving Bolton and Menk to commence development
of a feasibility study for a fee not to exceed $24,900.
COUNCIL ACTION REQUESTED:
Move to approve Bolton and Menk to commence development of a feasibility study for a fee not to
exceed $24,900.
Exhibits
Exhibit A. Bolton and Menk Construction Proposal
Prepared By: / E
Reviewed By: AE
Approved By: W
C�BOLTON
& MENK
Real People. Real Solutions.
July 19, 2017
City of Orono
Attn: Adam Edwards
PO Box 66
Orono, MN 55323
RE: 2017 Old Crystal Bay Road Corridor Study
Dear Adam:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: (952) 448-8838
Fax: (952) 448-8805
Bolton-Menk.com
As requested, we have prepared a scope of services and estimated fee for studying needed improvements
on the Old Crystal Bay Road Corridor.
Proposed Scope of Engineering Services
It is our understanding that the City would like us to evaluate the Old Crystal Bay Road Corridor based on
information provided in previous studies. Improvement scenarios to be considered will include the
addition of turn lanes, traffic control changes, and access consolidation. To assist the City with this
improvement project, Bolton & Menk proposes the following scope of services:
Review of Previous Studies - Bolton & Menk will review previous studies prepared by Bonestroo, in 2010
and by SRF, in 2016 to get a good understanding of the problem evolution and feasibility of
recommended solutions.
Circulation Studies and Scenarios Development — Bolton & Menk will use information available in
previous studies to evaluate vehicle and pedestrian circulation to minimize conflicts at the intersections,
increase safety for pedestrians, minimize queues at drop-off and pick-up locations, and improve traffic
operations along Old Crystal Bay Road and adjacent streets. Up to two alternatives will be developed but
preliminary design and cost estimates will only be prepared for the alternative selected by the City.
Preliminary Desi - An exhibit will be prepared for the selected alternative, depicting the roadway and
intersection improvements. A cost estimate will be also prepared for the selected alternative.
Project Phasing. Priorities and Cost - The project will be evaluated, divided in phases and phase cost will
be calculated.
Report - A draft and a final report will contain the problem description, methodology, findings and
recommendations.
Fee Estimate
Based on the scope of services described above, we propose a not -to -exceed of $24,900 to be billed on an
hourly basis. Bolton & Menk will provide separate scopes and fees for survey, design and construction
services if the City chooses to move forward with the project at the conclusion of this study.
N:\Proposals\Orono\OCB Corridor\OCB Corridor Updated Scope.docx
Botton & Menk is an equal opportunity employer.
Old Crystal Bay Road
July 19, 2017
Page 2
Please let me know if you have questions or need additional information.
Sincerely,
Bolton & Menk, Inc.
David P. Martini, P.E.
Principal Engineer
N:\Proposals\Orono\OCB Corridor\OCB Corridor Updated Scope.docx
Botton & Menk is an equal opportunity employer.
AGENDA ITEM
Item No.: 18 Date: July 24, 2017
Item Description: Selection of Website Designer
Presenter: Doug Reeder Agenda City Administrator's
Interim City Administrator Section: Report
1. Purpose. To select a company to design a new website for the City of Orono.
2. Background. The City of Orono web site is in need of being updated to take advantage of new
technology innovations which will allow staff to keep it updated in the most efficient manner and to bring
a design which is user friendly and provides updated information about the City of Orono. Currently the
website has a great deal of information on it but the information is difficult to locate and difficult to keep
current. It is also not now possible to provide information on the website and have it automatically
appear on other social media such as Facebook.
The City Council Communications Committee and the staff have met with six different companies who
are interested in redesigning the current website. The recommendation of the Committee is that the best
company to redesign the Orono web site is CivicPlus. This company has designed over 2500 city
websites over the last 20 years and have presented the attached detailed outline of how they would
proceed with the redesign of the Orono web site. They have recently designed the websites for Elk River,
Wayzata and Hopkins.
3. Project Scope. The project will include a total redesign of the Orono website with extensive
interaction between city staff and CivicPlus, mostly over the internet. When completed the site will
replace the current website. The agreement will also include the requirement to host the new website and
to make timely updates as technology changes. It is estimated that the project will require 20 to 28 weeks
to complete.
4. Cost. CivicPlus is estimating that the project cost will be between $20,000 and $35,000 depending
on how much of the work is done on site and how much training is requested by the City of Orono. The
cost for the City of Hopkins this year was $25,000 which included some training. If the City Council
concurs with the committee recommendation staff will finalize an agreement with CivicPlus which will
determine the actual cost. In addition to the initial design costs there will be annual costs to host the
website and provide updates as we have with the current website.
5. Funding. The redesign of the website was not specifically budgeted in the 2017 general fund budget.
It is recommended that the costs be charged to the Cable Franchise Fund which has a current balance of
$142,268
6. Staff Recommendation. I recommend that Council authorize staff to enter into an agreement with
CivicPlus to design a new website for the City of Orono.
COUNCIL ACTION REQUESTED
Motion to authorize staff to enter into an agreement with CivicPlus to design a new website for the City
of Orono.
Exhibits
Exhibit A. Memo on website design options.
Exhibit B. Project Management Production Process Overview (CivicPlus)
Prepared By: SMR
Reviewed By: W
Approved By: W,
MEMORANDUM
TO COUNCIL COMMUNICATIONS COMMITTEE
FROM: DOUG REEDER, INTERIM CITY ADMINISTRATOR
SUBJECT: WEB DESIGN REPORT ON OPTIONS
DATE: MAY 31, 2017
The staff committee of Doug Reeder, Anna Carlson, Jeremy Barnhart and Adam Edwards heard presentations from six companies interested
in redesigning the website for the City of Orono. Attached is a table which gives the basic information about the companies we met with.
After listening to the presentations here is what staff heard.
1. It is the consensus of all of the companies that a redesign of the city website is needed to bring it up to modern standards and make it
easier to use for the public to use and easier to maintain for the staff.
2. The design of the website should be such that all material presented appears in a useable format on mobile devices as well as
computers since a large percentage of the people who will use our website will be using mobile devices.
Our current website has far too much material on it, which has been accumulated over the years. It would be advantages to hire a
company which understands the needs of cities and its residents.
4. It is important to keep the website updated and options are now available which will remove material at a specified time when the
information is obsolete, helping control site maintenance.
5. WordPress is the most commonly used CMS (Content Management Software) which is constantly being upgraded.
6. Materials put on the web should and can be simultaneously placed on other formats such as Facebook and twitter.
7. It is important that the design of the website will incorporate the ability to link other software used by the city for actions such as
building permits, records retention (Laserfiche) utility payments, municipal code and mapping.
8. The redesign of the website will require considerable city staff time. Certainly less staff time will be required if the company
designing the web has experience in designing webs for cities. How fast the web is redesigned will depend to a large extent to the
amount of city staff time can be committed to the effort.
9. An effective backup and disaster recovery system should be part of the design.
10. Staff will need some training on site when the web is initiated
11. The designer of the website should host it for a monthly fee, provide timely updates and provision should be included to totally
redesign the site after some specified period of time, approximately 4 or 5 years.
12. It should be expected that the design of a new web will take 4 to 6 months.
13. The cost of redesigning the website will probably be between $20,000 and $40,000.
Hopkins spent $25,000 recently with some onsite training
Plymouth spent $28,000 in 2016
Wayzata spent $17,000 in 2014
Recommendation
After consideration of these parameters it is the staff recommendation that the following companies are the best qualified to be considered
for the redesign of the City of Orono website.
1. CivicPlus
2. Vision
3. Eleven
These are listed in preferential order. Staff recommends that the Council Communications Committee discuss how to proceed. This will be
a professional contract and bidding is not required. If the Committee is comfortable in accepting the staff's first choice, then the staff will
request a detailed proposal from the company including cost parameters to bring back to the full City Council.
If the Committee would like to hear presentations from one, two or three of the top companies, staff will set up the presentations at the
Committee's convenience.
COMPANY
LOCATION
EXPERIENCE
LOCAL WEBS YEARS IN
TIME COST ESTIMATE
BUSINESS
ESTIMATE
CivicPlus
Kansas
2500 city webs
Elk River 20
20 to 28 weeks
$20,000 to $35,000
Wayzata
Hopkins
Vision
California
local govt webs
Plymouth 20
6 months
$35,000 to $45,000
St Louis Park
Richfield
Shakopee
Eleven
private sector
parkitec.com
$20,000 to $30,000
sipbetter.com
geneticure.com
Revise Troy Michigan
1200 city webs
Crystal 20
16 to 21 weeks
$9,000
Granite Falls
Aurora MN
North Branch
CM Marketing
Orono
private sector
nimbelink.com
4 months
$27,825 to $34,725
huntingtonnd.com
cavcominc.com
Westlake
Long Lake
private sector
aloa.com 12+
6 to 8 weeks
$15,711
Webworks
small business
classicprovisions.com
sensers.com
Project Management
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Prep for -training
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