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09-25-2017 Council Packet
Agenda for Council Meeting Set for Monday, September 25, 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 September 11, 2017 3. Special Work Session Minutes of September 11, 2017 4. Claims/Bills 5. Approval of an Amendment to the Lease Agreement with Orono Public Schools 6. Approval of One Day Temporary Liquor License for On -Sale Liquor — 8 To A Lamp Charity Benefit — Otten Brothers Nursery 7. Approval of MN Department of Public Safety Grant 8. Disposal of Bicycles 9. Cygnet Place Culvert Replacement 10. Kelley Avenue Culvert Replacement 11. Willow Drive South Culvert Replacement 12. #17-3963 — JHG Properties, 4035 Dahl Road, Variance/Preliminary Plat — Denial Resolution 13. #17-3973 — Matt Hemsley, 649 Ferndale Road W, Detachment — Resolution 14. Resignation of Danielle Amira - Accountant 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. Mayor/Council Report City Administrator's Report 15. Adoption of 2018 Preliminary Budget and Levy Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, September 25, 2017, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 16. Carmen Bay Lake Improvement District Levy 17. Set Public Hearing for Orono Woods PUD Amendment 18. Orono Woods Development Agreement Amendment City Attorney's Report Adjournment Upcoming Events 2017 10-02-17 - Park Commission Work Session, Monday 1:00 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. 11-06-17 - Park Commission Meeting, Monday 6:30 p.m. 11-13-17 - City Council Meeting, Monday, 7:00 p.m. 11-20-17 - Planning Commission Meeting, Monday, 6:30 p.m. (Denny Walsh) 11-27-17 - City Council Work Session, Monday, 5:00 p.m. 11-27-17 - City Council Meeting, Monday, 7:00 p.m. 12-11-17 - Truth in Taxation Meeting, 6:30 p.m. 12-11-17 - City Council Meeting, Monday, 7:00 p.m. 12-22-17 - Official Holiday, City Offices Closed 12-25-17 - Official Holiday, City Offices Closed 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, September 11, 207 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 Wendy Dankey, Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Community Service Director Jeremy Barnhart, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 6:58 p.m., followed by a moment of silence in honor of the 9/11 tragedy; the death of Wayzata Police Officer William Matthews; Jerry Schmitz, a 30 -year-old Long Lake firefighter who passed away; the family of the 5 -year-old boy who died in Navarre; and the victims of Hurricanes Harvey and Irma. The Pledge of Allegiance was recited. APPROVAL OF AGENDA f �011Wfy WN WET" D1071 Printup moved, Dankey seconded, to approve the Consent Agenda as amended, with Items No. 8 and 9 being removed from the Consent Agenda. VOTE: Ayes 4, Nays 0. 2. CITY COUNCIL MEETING MINUTES OF AUGUST 28, 2017 3. CITY COUNCIL WORK SESSION MINUTES OF AUGUST 28, 2017 4. CLAIMSBILLS 5. APPROVAL OF GARBAGE HAULER LICENSE 6. APPROVAL OF KENNEL LICENSE 7. PUBLIC WORKS MAINTENANCE WORKER RECRUITMENT 8. 2017 SANITARY SEWER REHABILITATION PROJECT AWARD This item was removed from the Consent Agenda. 9. 2017 SANITARY SEWER INSPECTION This item was removed from the Consent Agenda. 10. CARMAN BAY SHORELINE RESTORATION PROJECT — FINAL PAY REQUEST 11. #17-3949 DALE GUSTAFSON O/B/O KEVIN KRETSCH, 3155 CASCO CIRCLE, VARIANCE — RESOLUTION NO. 6788 Page 1 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. PUBLIC COMMENTS None PRESENTATION 12. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTATION Michelle Hoffinan, Clifton, Larson, Allen representative, gave a synopsis of the City's 2016 Comprehensive Annual Financial Report, noting that the final report will be issued in a couple of days. Hoffman noted the audit provides reasonable but not absolute assurance and there were no major changes in accounting policies enacted this pas t year. Significant accounting estimates used in the audit include useful lives of capital assets, valuation of investments, post -employment benefits, net pension liability, and related deferred outflowed and deferred inflows. During the audit full cooperation was received from Orono management. Hoffman stated her firm did issue an unmodified or clean opinion on the financial statements, which is the best opinion the City can receive. The exceptions noted related to internal controls and include preparation of financial statements and segregation of duties, which is normal in a smaller city. Hoffman noted Orono has made some improvement in that regard from the previous year. In addition, no exceptions were noted to Minnesota legal compliance standards and statutes. Hoffman noted last year there was one exception due to some invoices being paid late. Hoffman stated Orono's General Fund has been steadily increasing since 2012 and is now slightly under $4.5 million. General Fund revenue has also been steady, with property taxes being the City's main source of revenue followed by user fees. General Fund expenditures have gone up slightly due to inflation and an increase in public safety services. Hoffman stated Orono has done a good job in keeping expenditures under control every year with no wild variations or unexplained variations. Hoffman noted the increase in Other Government Funds in the restricted category is a result of the City issuing a refunding bond, which was not paid off until February of 2017. Those funds were used to pay off 2008 bonds. Other governmental fund expenditures included a number of large capital outlays due to the police garage project and debt service, which was similar to the previous year. As it relates to Orono's Enterprise Funds, the water fund and sewer fund did decrease from the prior year but is still strong. Recycling and cable television revenue increased slightly from the previous year and the stormwater fund has increased for the last five years. Hoffman noted the water fund and the recycling fund had a slight net operating loss in 2016. Hoffman noted the City's future debt service is expected to decrease in 2017 and 2018 and then increase in 2019 through 2021. A state-wide tax rate comparison shows the City of Orono is around 16 percent, which is below the other surrounding cities and the statewide average of 45 percent. Hoffman stated Orono received the GFOA Certificate of Achievement for Excellence in Financial Reporting for 2015 and that she expects the City will receive that certificate in 2016 as well. Page 2 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 12. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTATION — Continued Walsh stated based on the audit, it looks like in general the City is in a strong financial position and that it is worth noting that Orono is the second lowest of 45 communities in Hennepin County for city tax rate. Walsh noted Orono does not levy special assessments for roads and that road improvements are included within the City's budget. Walsh noted under the General Fund category, even though it says the City has $4.5 million on hand, the City is required to keep 45 percent of its fund balance in reserve at all times. The City Council took no formal action on this item. 13. 2018 BUDGET Ron Olson, Finance Director, addressed the City Council regarding the 2018 preliminary tax levy and budget. The preliminary tax levy will be set at the September 25 meeting and the final levy and budget will be approved on December 11, 2017, with the truth -in -taxation meeting being held prior to final adoption. As it relates to the General Fund budget, the City's overall revenues are increasing by 2.6 percent. Over the past couple of months the City Council has reviewed the budget in detail and made some cuts to the budget. Property taxes account for 52 percent of the City's revenue, followed by public safety charges and permits. Olson stated a property tax levy of 52 percent is very good compared to most other cities in the state. Olson noted those cities are primarily dependent on the tax levy to survive but that Orono has other sources of revenue which would help them get by in the event the City has difficulty collecting property taxes. The City's total expenditures are $8,187,901, which is an increase of 2.5 percent over the 2017 budget. That increase is a result of personal services going up by $213,000, which is greater than the actual increase proposed in the budget. Olson stated the City Council tried to keep the levy increase down by making cuts in other places. Wages and benefits comprise 66 percent of the budget, followed by professional services and supplies and maintenance. The police and fire departments comprise 58 percent of the City's budget, with building and zoning at 9 percent, and street maintenance at 6 percent. Olson stated the $213,000 increase is due to a wage increase for police department employees, other city employee benefits, turning a part-time position into a full-time position for the golf course and parks, the 2018 elections, software licensing, and a new police records system. To help offset that increase, some decreases were made in building inspection services, building and zoning professional services, and there was a decrease of $20,000 in fuel costs for the police department and public works. Olson stated the City Council made those cuts to keep the levy as low as possible. In addition, the Pavement Management Plan was decreased by $383,000. The total of all levies is $5,556,051. Since 2011, the Orono levy has increased significantly less than the state average. Olson stated the League of Minnesota's tax report shows that on average 40 percent of a person's property tax bill in Orono goes to the county, 37 percent goes to the school, 15 percent goes to the City, and the state is at 9 percent. The average for other cities is 29 percent of their property taxes going toward city expenses and services. Page 3 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 13. 2018 BUDGET — Continued Olson stated the next slide shows how a person's property taxes are calculated. The Hennepin County assessor sets the estimated market value on someone's home. The County then takes the City's total tax capacity, which is all of the properties in the city added together, to get the City's tax capacity. The City Council then passes a tax levy. The property tax levy is divided by the city's tax capacity resulting in the tax capacity rate for someone's home. On a $500,000 property, the tax capacity is $5,000 times 16.882 percent, which is the City's calculated tax rate, resulting in city taxes on that property of $844.10. Olson noted taxes and how they are calculated will be discussed more in depth at the truth -in -taxation meeting in December. Olson stated before the decrease to the Pavement Management Plan, if someone's home did not change in value, that person's taxes would have increased .88 cents on a $250,000 home as a result of the preliminary levy, and on a $2 million home, they would see an increase of $8.93 for the whole year. If property valuation went up 5 percent on a $250.000 home, that would add $24 for the year, and on a $2 million home, they would pay an additional $220 in taxes for the year. Olson noted those numbers will decrease slightly because the City's preliminary tax levy was decreased by the Council at its work session. The City Council took no formal action on this item. PUBLIC WORKS/CITY ENGINEER REPORT 8. 2017 SANITARY SEWER REHABILITATION PROJECT AWARD Edwards reviewed his Staff memorandum dated September 11, 2017, regarding the awarding of the 2017 sanitary sewer project. Edwards stated each year the City performs Cured -in -Place pipe lining on a section of the City's sewer system. The amount budgeted in the City's Capital Improvement Fund was approximately $265,000 and Staff is recommending a project that would cost in total around $248,000. The lowest acceptable bid for this year's CIPP work was $213,338.40, which amounts to rehabilitation of 5,026 feet of the City's sewer pipe. Walsh noted the City developed a capital asset plan detailing when improvements and repairs are made to various assets and every year the City performs repairs on approximately 20 percent of the City's sanitary sewer pipes. Seals asked how long the pipe lining typically lasts. Edwards indicated 75 years. Printup moved, Seals seconded, to award the sanitary sewer improvements contract to Insituform for $213,338.40 and to approve the Bolton & Menk Construction Management proposal for a fee not to exceed $18,900. VOTE: Ayes 4, Nays 0. Page 4 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 9. 2017 SANITARY SEWER INSPECTION Edwards stated each year as part of its preventative maintenance program the City cleans and inspects 20 percent of its sanitary sewer system. The sanitary sewer inspection project will consist of televising approximately 25,000 feet of sanitary sewer pipe. The City received two quotes, with the low bid coming from Ritter and Ritter, Inc., for $16,100. Walsh commented by doing the televising, the City is being proactive in its maintenance of the City's infrastructure. Seals asked how often the City does the televising. Edwards indicated it is done yearly, which helps Staff identify which areas of the system are in need of repair for the following year. Dankey moved, Seals seconded, to accept the proposal from Ritter and Ritter for sanitary sewer televising for $16,100. VOTE: Ayes 4, Nays 0. 14. OLD CRYSTAL BAY ROAD TEMPORARY TURN LANES Edwards stated the City is currently working on a permanent reconstruction plan for Old Crystal Bay Road between Highway 112 and County Road 6. Some initial design options should be ready sometime in October. In the interim, the City took some measures to improve the safety in that area by restricting a left turn onto Old Crystal Bay Road from County Road 6. In addition, Staff has looked at installing temporary turn lanes into the middle school and high school parking lots. The low bid to construct the temporary turn lanes was $48,900. Edwards stated in his view the turn lanes would help with some of the congestion issues and most of the work to the subgrade and soil would be usable in whatever permanent solution is decided upon. Due to the cost, at this time Staff recommends holding off on the project until the permanent fix is done next year. Seals noted the City Council previously discussed the speed on County Road 6, and asked whether the County has been approached to do a speed study. Edwards stated given the data in the past, County Road 6 would not qualify for a speed reduction or a signal. Hennepin County did, however, send notice today that they are reconsidering the signal. Dankey stated she has heard from people in the community that people are still performing a left-hand turn in that area even though it is now illegal. Walsh noted the City Council has discussed this item previously and had actually approved some improvements to Old Crystal Bay Road, but the school board elected to wait with those improvements until after their traffic study was completed. Walsh recommended the Council keep the $50,000 on the table to ensure there is ample money to complete the permanent project next year. Dankey indicated she is in agreement with Mayor Walsh. Page 5 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 14. OLD CRYSTAL BAY ROAD TEMPORARY TURN LANES — Continued Mayor Walsh asked if anyone from the public would like to comment on this item. Stacy Royal, 3135 Jamestown Road, stated she and another gentleman attended a previous City Council meeting expressing complaints about the safety of County Road 6 in that area. Royal stated the barrier has helped with safety during the peak hours of pickup and drop-off but that she has observed at other times people doing illegal U-turns when there are not police officers present. Royal stated in her view it has actually increased the problem. Royal stated it is likely the number of people doing illegal U-turns will increase once the hockey season starts since there will be more people who are not familiar with the road. Royal indicated she has even seen coaches and teachers do it and that she has forgotten about it at times but that she has taken the time to drive around. Royal stated her other concern is the backup on Old Crystal Bay and an increase in the number of people becoming agitated because their commute time has increased from 7 minutes to 37 minutes. Royal suggested the City Council consider a timed stoplight for this area during the peak traffic times. Royal commented she is glad to hear that Hennepin County is reconsidering a stoplight at this area. Walsh noted more than two people have raised concerns about the situation and that it is good news Hennepin County is looking at a signal. Walsh stated the City is attempting to resolve the situation and that it is necessary to work with Hennepin County since it is a county road. Dankey moved, Seals seconded, to not proceed forward with construction of temporary turn lanes on Old Crystal Bay Road by Barber Construction for $48,192. Printup noted nine months from now there will be a larger project underway for this area and that it makes financial sense to wait with the turn lanes. Seals commented the Council is in favor of the turn lanes but concurred that it makes sense to wait on this project. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT — CHAD OLSON, REPRESENTATIVE 15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, VARIANCES, CONSERVATION DESIGN WAIVER Curtis reviewed her Staff report dated September 11, 2017, regarding a variance from minimum lot area standards and preliminary plat for a subdivision. The property consists of 1.8 acres in a one -acre zone. Once the right-of-way dedication and wetland areas are removed, this development would create one conforming 1.0 acre lot and one 0.67 acre lot. The applicant is also requesting waiver from the City's Conservation Design Plan. The Planning Commission voted 7-0 to deny the variance. Staff also recommends denial of the variance. Page 6 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, VARIANCES, CONSERVATION DESIGN WAIVER — Continued James H. Gilbert, JHG Properties, stated he has resided in Orono for over 35 years and has tried to be a proactive individual in improving his neighborhood. Gilbert stated the property at issue has been an eyesore for 17 years and has caused continual issues with law enforcement and maintenance issues for the City. Gilbert indicated when this property became available for sale, he decided to purchase it to hopefully make improvements to the site. Gilbert noted the City allowed a trailer home three blocks down, which is what he could do on this lot without City approval, but that he would prefer to subdivide it and build a couple of nice homes. Gilbert indicated he probably paid more for the property than it is worth and a couple of high-quality builders looked at the property and recommended the existing house be torn down. Gilbert stated in order to be even with the money he paid for the property, the sale value would have to be around $1.2 million. Gilbert noted the money he paid for this lot exceeds the value of the other nonlakeshore properties in the area. Gilbert noted there are three statutory requirements for granting a variance, with economic considerations being a proper element for determining practical difficulties under the statute and under the law. Staff has basically said it makes no difference and that he paid too much for the property. Gilbert stated that interpretation is wrong and that economics can be considered but it cannot be the sole determining factor. Gilbert stated economics is a very important consideration in this case. Aesthetics can also be taken into consideration. Gilbert noted the City Council considered an application on Wildhurst where variances to setbacks were required. Gilbert stated the majority of the decision appeared to be economic related and that he has the same economic concerns with this property. Gilbert stated in his view the City cannot treat requests for density variances different than setback variances. The statute does not make a distinction on that. In looking at Orono's history, Orono seems to be very proud at never granting a variance to density. Gilbert stated to his recollection 1985 is the last time density variances have been granted. Gilbert stated in this situation, where a City's primary focus is on the detrimental effects of granting a variance to allow new construction where it never happened before and has a strict policy to deny a variance request is improper. Gilbert noted one of the Council members in the Court of Appeals case stated dealing with this in a similar situation for years to come is one of their major concerns. Gilbert stated the Orono Planning Commission also expressed the same concern. Gilbert indicated he has represented other parties in other cities and was stunned at the complexity of the Orono Code. Gilbert noted this is not a major subdivision and that he is just asking for a simple lot split. The Court of Appeals has said that they conclude that the Board's decision was arbitrary and unreasonable because the decision expressed the Board's will and not its judgment. Gilbert stated he senses the will of Orono is not to allow density variances and that he thinks his application for a density variance has to be given the same consideration as a setback variance, which is not what is happening here. Gilbert stated in the Wildhurst case, there were two findings that should be found in this case and the City Council would be capricious in not applying those findings to this request. The resolution in the Wildhurst application states in Paragraphs 4 and 10 that the granting was necessary for the preservation Page 7 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, VARIANCES, CONSERVATION DESIGN WAIVER — Continued and enjoyment of a substantial property right of applicant. This is necessary so the full potential and use could be realized. Gilbert indicated he has the same economic considerations that applied to the Wildhurst case. Gilbert stated another error in Staff's report is that the granting of the variance will alter the essential character of the neighborhood. As a matter of law, an area variance does not alter the essential character of the locality. Gilbert stated two of the three principles under the state statute have been met and that in his view the principles applied in the Wildhurst decision are the same principles that should be applied to his application. The third element for consideration is use of the property in a reasonable manner not permitted by the zoning. Staff has basically stated you cannot have a variance because you need a variance. In the Wildhurst case, the findings said that the application was generally consistent and in harmony with the ordinance. Gilbert indicated he has looked at the 18 homes in the area and nine of those homes are less than one acre. Gilbert stated in his view his proposal is in harmony with the neighborhood and single- family residential use is consistent with the Comprehensive Plan and is similar to the findings used in the Wildhurst case. Finally, the plight of the landowner is unique to the property and not created by the landowner. Gilbert stated Staff basically told him he paid a high price for the property. Gilbert indicated he purchased the property over the Internet and bought it as is because he thought it was important to preserve his neighborhood and add value to the neighborhood and the City. Gilbert stated this property is unique since it is high on a hill with a wetland on the west side. It is a long, rectangular lot. Gilbert stated if he is limited to one lot, the only place to construct a house is on the hill and the front yard would basically be like a football field. Gilbert requested the City Council apply the same variance principles that were used on the setback requirements in the Wildhurst case in his density request. The Court of Appeals has said the decision should be made on the evidence as presented. Gilbert stated when the City Council looks at the judgment of the facts, he has met all the statutory requirements and his request is almost identical to what was done on Wildhurst. Gilbert noted he is also asking for a waiver to the conservation design since they will be leaving all the trees there. Gilbert indicated he would like the border of trees to stay there for privacy. Dankey asked if he originally planned to construct one house on the property when he purchased it, especially since he has resided in Orono for 35 -plus years and is familiar with some of the City's rules and regulations. Gilbert stated his main concern was that another trailer home would be put on this property and that he wanted to preserve his neighborhood. Gilbert stated he is attempting to make the best use of the property they can. Due to the price of the property and the cost to construct a house, it would be well above the valuation of other nonlakeshore properties in the area. Page 8 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, VARIANCES, CONSERVATION DESIGN WAIVER — Continued Seals asked if he has approached any other neighbors that have properties over one acre to see if they would be willing to make him whole. Gilbert stated he has not and that in his experience it is complicated to deal with mortgage companies and is not practical. Seals noted a property on Heritage Lane was successful with acquiring additional land to help in their situation, which is something he should think about. Gilbert stated he has and that it would result in a number of delays. Gilbert stated he is not sure what to do with the property if it is not approved but that he will not put a trailer home on it. Gilbert indicated he might put it on the market again and be done with it. Dankey asked if there are any other million dollar houses in the area that are not on the lake. Gilbert indicated there is not and that a lot of them are valued between $250,000 and $350,000. Gilbert stated there was one property that was assessed at $600,000. There were no public comments related to this application. Printup stated the lot as it is currently is buildable and that it is not necessary to grant a variance. Walsh noted the City did not create new lots on Wildhurst but that there were some setback issues. Walsh stated in his view these two cases are not mutually inclusive and that he does not equate density variances with setback variances. Walsh stated the character of neighborhoods is a big issue in Orono and that the people who have lived here have lived here for a long time. Walsh questioned where it would end if the City allowed someone to create a nonconforming lot. Walsh stated it is not a practical difficulty to own a 1.8 acre lot in a one -acre zone and that the City has always said economics is not a deciding factor. Printup noted the standard in the Comprehensive Plan is one -acre and this would be inconsistent. Walsh commented the applicant knew what he was buying. Dankey noted there are two smaller lots that were created a long time ago near this property but that the applicant knew what he was getting into when he purchased the property. Seals stated the zoning districts were created for a reason and a variance to density is not something the Council is in favor of. Walsh noted the City Council has discussed other variances to density in the past and have denied those requests. Dankey commented the football field could be a selling point since a huge lot would be pretty desirable. Seals moved, Printup seconded, to direct Staff to prepare a denial resolution for Application No. 17-3963, JHG Properties, Inc., 4035 Dahl Road. VOTE: Ayes 4, Nays 0. Page 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 16. #17-3962 LAKE WEST DEVELOPMENT, LCC, O/B/O RICK AND BARBARA LUPIENT, PIDs 20-117-23-0001/0002/0003 (Lots 1, 2 and 3 Casco Point Addition) "Ivy Place" PRELIMINARY PLAT — RESOLUTION NO. 6789 Barnhart reviewed his Staff report dated September 11, 2017, regarding a preliminary plat request to replat an existing three lot parcel into two buildable lots and one outlot for access. The lots would meet the requirements for lot size, lot area, and provide adequate building areas within setbacks. The Planning Commission recommended approval on a vote of 7-0. The Commission requested additional information be submitted regarding the amount of fill and verification of the condition of Ivy Place prior to construction. Public comment received at the Planning Commission meeting were generally in opposition to the proposal and related mainly to additional stormwater entering the lake and onto adjacent parcels, the driveway being too close to the lake, a lack of turn -around for the traffic within the existing right-of-way for Ivy Place, traffic safety concerns due to its narrow width, and wetland impacts. Staff recommends approval subject to a number of conditions outlined in Staff's report. Seals asked whether there are any things that can be done to mitigate those items to address the public's concerns. Barnhart stated the driveway serving both lots is proposed to be 12 feet wide. City ordinance allows for an 8 -foot wide driveway within the 75 -foot area for one lot. The 12 -foot width was the minimum suggested by the Fire Department and Staff feels it is the minimum amount of hardcover to provide access to the two lots. Barnhart stated the challenge with rain gardens or other types of mitigation is that while those sound great the first year, yearly maintenance is required or they will not be as effective. Barnhart noted the applicant is proposing two underground stormwater retention vessels, which is unusual for a single-family neighborhood. Given the amount of discussion from the neighboring property owner expressing concerns about drainage from this property onto their property, Staff will perform a thorough review to ensure that this project does not add to the runoff. Barnhart noted the homes are at the bottom of the hill so there will be some runoff regardless if this project goes forward or not. In addition, a review will be done as part of final plat. Printup asked whether it should be noted in the resolution that the condition of the driveway will be verified or whether that would be included in the right-of-way. Barnhart stated that should be spelled out and that Staff will add that. Dankey asked if bringing the fill in by boat is an option. Barnhart indicated the applicant could better address that but it is likely other environmental impacts would be introduced. Dankey noted the Casco Point Road is a one-way in and a one-way out and that any damage would impact all the residents. Page 10 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 16. #17-3962 LAKE WEST DEVELOPMENT, LCC, O/B/O RICK AND BARBARA LUPIENT, PIDs 20-117-23-0001/0002/0003 (Lots 1, 2 and 3 Casco Point Addition) "Ivy Place" PRELIMINARY PLAT — RESOLUTION NO. 6789 — Continued Seals commented anything the City can do to insure the road is not damaged would be welcomed. Curt Fretham, Lake West Development, stated as it relates to the amount of fill, while it sounds like a lot of material, that's because it is, but at the same time most other developments will also export a lot of fill out due to the excavation of basements. Fretham stated he understands the amount of truck traffic is a concern and that they will attempt to minimize the impact. Fretham indicated they are probably looking at 100 truckloads. There were no public comments regarding this item. Walsh stated he would prefer to give the developer some clarity on this application rather than tabling it subject to the conditions outlined in Staffs report. Barnhart stated the four action items include vacating the utility easement, reconfiguring the sewer easement along the shoreline, the establishment of a wetland buffer and the City's buffer setback, and a conditional use permit for the filling in the floodplain. Printup moved, Seals seconded, to adopt RESOLUTION NO., a Resolution Approving Preliminary Plat for the property identified as PIDs 20-117-23-42-0001/0002/0003, Lots 1, 2 and 3 Casco Point Addition, subject to the conditions outlined in Staffs report, subject to the items noted by Barnhart, and with the understanding that the driveway conditions in addition to the roadway conditions be verified pre- and post -construction. VOTE: Ayes 4, Nays 0. 17. #17-3932 YMCA OF GREATER TWIN CITIES, 135 ORONO ORCHARD ROAD NORTH, SKETCH PLAN Barnhart reviewed his Staff report dated September 11, 2017, regarding a sketch plan review on a proposed 15 -lot single-family development. The property consists of 3.4 acres and includes 19 acres of wetlands, 3.1 acres of wetland buffers, and two acres of conservation area, resulting in 15.3 acres of buildable area. The proposed lots range from 3/4 acre to 1.5 acre. The current zoning requires two acres of dry buildable land area for each lot. All lots would access off of a new road that terminates in a cul-de- sac. A trail connection to the Luce Line is proposed. The Planning Commission reviewed this sketch plan at their August meeting and felt uncomfortable with deviating from the Community Management Plan and the proposed density. A number of residents spoke at the meeting and expressed concerns with the density and the MUSA designation of the property. John Quinlivan, Gordon James Construction, stated the YMCA was gifted this property from the Rydells a number of years ago and that they are in the process of determining what would be appropriate for the site. Quinlivan noted city sewer is available in the street but this site is outside the MUSA boundary and that they would like to have the MUSA boundary changed to include this site. Quinlivan stated they would like to get some feedback from the City Council on their sketch plan.. Page 11 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 17. #17-3932 YMCA OF GREATER TWIN CITIES, 135 ORONO ORCHARD ROAD NORTH, SKETCH PLAN — Continued Quinlivan stated he can understand the resistance of the neighbors wanting to see this property developed but that he would request the City approach the Metropolitan Council regarding the hookup to the MUSA system. Mayor Walsh asked whether anyone from the public would like to comment on this application. Kelly Lowe, 105 Orono Orchard Road, stated in her view this is a very irresponsible plan since it violates every City code for this zoning district. Lowe stated she and her neighbors did substantial remodeling a number of years ago and that they followed the rules of the City. Lowe stated even though she and the neighbors knew there was the sewer pipe in the street, they all installed septic sites rather than attempt to get the MUSA boundary changed. Lowe stated septic systems done right are environmentally sound and that the subject property should have to comply with the same boundary. Lowe commented the neighbors all know the property belongs to the YMCA and that at some point there would be some type of development. Lowe noted the property consists of approximately 17 buildable acres. As it relates to the setback of 250 feet from the creek, Lowe stated Mr. Rydell would not want those three back lots platted out. Lowe stated the applicant should take the buildable land, divide it according to the zoning, and then put in private septic systems and wells. Mike Benedict, 25 Orono Orchard Road, stated he is not against development but in his view the 15 lots is an extreme reach with regard to the existing ordinances. Benedict stated the house he built was based on the rural nature of the area and that he would ask that the rural character be kept intact. Dave Phelps, 1950 Fox Ridge Road, stated this is a great opportunity to put an end to anyone trying to turn Orono into a community of more densely populated homes. Phelps indicated he moved out here for the rural, quiet setting along with the wildlife and that it would be a shame to see the City's rules changed for something that is not a hardship. Phelps encouraged the City Council to hold steadfast to the rules and to require that the property be developed within the current constraints on the property. James Lowe, 105 Orono Orchard Road, stated he would like to echo some of the comments made earlier. Lowe stated he always knew this site would be developed someday but that he felt it would be developed within the City's current set of rules, which is what the neighbors are asking for since there is no hardship or rational for deviation. Seals stated in her view the Council should not amend any of the rules to accommodate development of this property or change the MUSA boundary. Seals stated the rules are in place for a reason and that she gets more calls than not to not do any more developments. Seals stated she is not in favor of the higher density. Printup and Dankey stated they are in agreement with Council Member Seals. Walsh concurred the property should be developed within the City's current standards. The City Council took no formal action on this item. Page 12 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. (A recess was taken from 8:55 p.m. to 9:00 p.m.) 18. NAVARRE AREA PLAN — INITIAL CITY MEETING Eric Schwaber, WSB, stated they would like to get the Council's feedback on the issues they have identified as part of the Navarre Area Plan. Carl Mezio stated they have identified the following seven factors that will go into making this plan successful. 1. Can the Navarre neighborhood be expanded to actually touch and interact with Lake Minnetonka. 2. Develop strategies that can build on the success of the Dakota Rail trail. Encourage trail users to be customers of the Navarre businesses. 4. Examine and determine the commercial and multi -family markets for Navarre and the surrounding are to determine the appropriate redevelopment opportunities. 5. Design guidelines, zoning tools, and /or regulations for the remodels and tear -downs of the existing single-family homes. 6. Engagement of the residents, business owners, and elected officials to determine the feasibility of any redevelopment strategies. 7. Clear and appropriate redevelopment strategies with stages and timelines for implementation. Schwaber asked whether the Council feels those goals hit the mark or whether they should be considering something else. Printup stated they appear to be a good start. Walsh stated No. lwas confusing to him. Schwaber stated what they would like to get out of this is whether Navarre is looking to be similar to downtown Wayzata or Excelsior, cities who take pride with their interaction with the lake. Schwaber stated one of the things about those communities is that they get a lot of people to visit their city and that they would like to understand whether the Navarre residents want them to market to a larger area or whether Navarre should remain just the gem of Orono. Dankey stated in her view it is a little of both and that a lot of people pass through the area without necessarily stopping. Dankey stated a lot of people in Orono do not go to Navarre because they are closer to Long Lake and that Navarre is more there for people from Mound and other nearby communities. Dankey stated she is curious how Navarre would connect to Lake Minnetonka and that she would like to see a nice restaurant go in there. Seals stated she goes through Navarre all the time but that she does not really stop anywhere except for Lunds. Seals stated Excelsior has an environment of a number of cool businesses close together where she can stop at a variety of stores but that she does not go to Excelsior via the lake because there is limited Page 13 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 18. NAVARRE AREA PLAN — INITIAL CITY MEETING — Continued parking. Seals stated she understands the rationale for the connection to the lake but that she does not know if it is needed in Navarre. Printup noted Navarre is not really connected to the lake. Seals stated she likes the idea of the connection but that she is not sure how that would be accomplished. Dankey stated Navarre's businesses serve the local residents' needs but maybe not exactly what they want. Dankey commented some of the buildings need a little bit of upgrading and a connection to the trail is huge. Dankey indicated she would like to get a restaurant and some other smaller businesses that would attract people off the trail. Schwaber stated they were unable to find an actual physical property acquisition to provide that actual physical connection to the lake but that they were thinking there could be perhaps themes or styles that could be incorporated to make it seem more like it is connected to the lake. Schwaber asked whether there are any opportunities for wintertime activities with the lake or a festival. Schwaber stated it does not need to be an everyday event but that they felt they needed to look at it before moving on. Walsh stated overall the questions seem pretty comprehensive and would help get the conversation started. Dankey commented the Narrows Saloon has some of the best music in the area and they also offer food. Schwaber stated he would like to build on Item No. 4 but that within any market study they need to have a scope. Schwaber stated due to the limited resources, they felt the study should be focused and that they looked at three options. The first option is to look at the general demand for commercial and multi -family units. The second option would be to look specifically at either commercial demand or multi -family. The commercial demand could be broken into office, retail, restaurant, and then explore the potential. Schwaber stated they could do the same thing for multi -family and look at senior, condominium, affordable, etc. Schwaber noted they do not have the resources to do all three of those but that they could get a general understanding of the market or choose to look at either commercial or multi -family. Schwaber stated he would like to get feedback from the City Council on that aspect. Schwaber stated the general demand would be useful information and that typically any business that is coming into an area will go a more detailed market analysis. Printup stated in the past the City has talked about apartments on the top and retail on the bottom. Walsh stated the businesses that have been there have been there for decades and that he would be more interested in the senior and multi -unit. Walsh stated there are probably eight commercial buildings in Navarre. Printup commented there is probably more potential for residential. Dankey stated there are a couple of mall areas that have room for more retail. Page 14 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 18. NAVARRE AREA PLAN — INITIAL CITY MEETING — Continued Seals stated she likes the concept of residential on top. Barnhart stated Staff would like to use this plan in forming the Comprehensive Plan Update and that he would recommend they look at general commercial and general multi -family as is it realistic. Barnhart stated some of the businesses are more driven by population or density and would not be realistic for this area. Barnhart stated there are probably more possibilities for multi -family and general commercial. Walsh stated he would default to that. Rief stated he would agree based on his experience. Rief stated the hardest issue with redevelopment is the cost and density also plays a factor in redevelopment. Seals asked if the City is potentially looking at acquiring some vacant parcels that are adjacent to the lake. Dankey commented the parcel behind Navarre Electric is an awkward access to the lake. Printup noted the area behind the bowling alley is a holding pond. Seals stated there appear to be a couple of areas where access might be possible. Barnhart stated he heard the City Council likes the idea but that they are not sure how to achieve that at this time and that WSB will look at that. Mezio stated they are looking for whether this is an idea that captures the Council's attention and whether it could be a possible income generator for the City. Mezio stated if it is something the City is interested in, they will look into it. Printup stated he would say no then since there is access in Spring Park which is close by. Barnhart stated he was not envisioning boat access but perhaps more of a visual connection. Barnhart stated in his view it is worth exploring. Walsh commented the residents would be better able to answer that. Schwaber stated if some of these properties are redeveloped, it could potentially become more of a place like Lord Fletcher's and that there are a number of ways the community could interact with the lake. Schwaber stated they would like to document those as well as get the feedback from the community. Schwaber stated as it relates to the market study, they will gather some general information on commercial and multi -family units but that it will not be broken down into type. Schwaber stated the study will also provide some idea of what the market will support as well as a timeline. Schwaber stated the small area plan would be a failure if there was not resident input. Schwaber stated in looking at some of the previous plan efforts, he does not feel there were good implementation plans, and that he would like to hear from the City Council about any drop -dead issues they would like to see addressed. Page 15 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 18. NAVARRE AREA PLAN — INITIAL CITY MEETING — Continued Seals stated one of the goals should be getting people to stop in Navarre or to make Navarre a destination place. Seals stated having a pedestrian friendly place where visitors can make more than one stop would be ideal. Printup stated walkability to different places is important and that currently Navarre feels like two separate areas since it is divided by the highway. Dankey stated input from the local business owners would be very helpful. Dankey stated business owners are leery about doing different things and that this might encourage them to consider doing some improvements. Schwaber stated that was one reason why they wanted the advisory committee formed. Schwaber indicated they are looking at places where they could hold the meetings in Navarre to help develop some interaction with the business owners and residents. Dankey noted some of the businesses are not owned by people who are local and that it might be difficult to get them involved. Schwaber stated they will be using Social Pinpoint to help with that effort. Dankey stated she would not mind attending the meetings. Schwaber stated it would be helpful to have a council liaison. Schwaber stated 9 to 11 people is usually a good number for a group. Rief concurred that Council Member Dankey would be a good choice since she resides in the area and is on the City Council. Barnhart stated he currently has nine people on the list, which includes three commercial business owners, and that he is anticipating one meeting a month. Dankey noted women tend to do the shopping for the family and that adding a couple more women is something that should be considered. Dankey moved, Printup seconded, to appoint the advisory committee for the Navarre Area Plan as presented. VOTE: Ayes 4, Nays 0. 19. RESIDENT SURVEY Barnhart reported he provided an update to the Park Commission last week on the Comprehensive Plan and that they recommended a resident survey be conducted. The City did conduct a resident survey back in 2008 at a cost of $21,000. Barnhart stated in his view the questions could be modified and it could be an Internet based survey, which would be less costly and likely provide some good feedback. Walsh stated he would be in favor of doing a survey via social media. Page 16 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. 19. RESIDENT SURVEY — Continued Dankey asked whether it should be expanded to some Mound residents. Barnhart stated the survey could be sent out to different zip code areas and that a section of Mound could be included. It was the consensus of the City Council to conduct a resident survey via social media. MAYOR/COUNCIL REPORT Walsh noted due to the funeral of the Wayzata police officer, the police versus fire department softball game has been rescheduled to next week Thursday, September 21. Seals reported the Big Island Committee has been rescheduled as well. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. F10111"41,10u1DQU N Printup moved, Seals seconded, to adjourn the Orono City Council meeting at 9:37 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 17 of 17 Orono City Council Special Work Session Monday, September 11, 2017 Council Chambers 6:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Wendy Dankey, Aaron Printup and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Public Works Director/City Engineer Adam Edwards, Community Development Director Jeremy Barnhart, Police Chief Correy Farniok, Finance Director Ron Olson, and Interim Finance Director Danielle Amira. 1. Discuss and Prepare 2018 Budget Mayor Walsh and City Council Members discussed the proposed 2018 Budget. Staff was directed to present the 2018 Budget and Preliminary Levy at the next regular City Council meeting set for September 25, 2017. End 6:15 p.m. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 4 Date: September 25, 2017 Item Description: Claims/Bills Presenter: Sandy Pettit Agenda Consent Agenda Payroll 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 108171 to 108273, totaling $476,449.22. 3. Noteworthy Payments. Vendor Amount Description of Payment #108187 City of Long Lake $133,800.00 Payment for Orono Share Watertown Rd #108206 Henn County Comm/Assessing $ 86,000.00 Payment for 2' half 2017 Assessing service #108235 Met Council $ 45,835.74 Payment for Oct wastewater & Aug 2017 Sac Fee's. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Prepared By: SJ& Reviewed By: Approved By: City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 9/12/2017 - 9/25/2017 Sep 21, 2017 01:13PM Check Check Invoice Invoice GL Account Payee Issue Date Number Number Description ADVANCED IMAGING SOLUTIO 09/25/2017 108171 INV144000 602-49450-401 Printer 08/10-09/09/2017 ADVANCED IMAGING SOLUTIO 09/25/2017 108171 INV144000 101-41900-401 Printer 08/10-09/09/2017 ADVANCED IMAGING SOLUTIO 09/25/2017 108171 INV144000 101-42110-401 Printer 08/10-09/09/2017 Total 108171: AEM FINANCIAL SOLUTIONS LL 09/25/2017 108172 388587 101-43290-800 2016 audit preparation Total 108172: BCA TRAINING & DEVELOPME 09/25/2017 108173 36 BCA TRAINING & DEVELOPME 09/25/2017 108173 38 Total 108173: 101-42110-437 training J. Raze 101-42110-437 2017 MSANI CANAM Conf-M. Siltala Department Invoice Amount Sewer 45.64 Central Services 91.28 Police Department 91.28 ??R ?n Special Projects -Contingencies 735.00 715 nn Police Department 75.00 Police Department 75.00 1 Fn nn BOLTON & MENK INC. 09/25/2017 108175 0207533 602-16500 2016 sewer improvements 1,229.00 BOLTON & MENK INC. 09/25/2017 108175 0207535 101-43280-304 15-3739 Mooney Lake Preserve Special Services 55.00 BOLTON & MENK INC. 09/25/2017 108175 0207536 101-43280-304 15-3716 3850 Watertown Rd Special Services 378.00 BOLTON & MENK INC. 09/25/2017 108175 0207537 101-43280-304 17-3931 Ivy Place Special Services 180.00 BOLTON & MENK INC. 09/25/2017 108175 0207538 651-49910-304 2017 GIS Maintenance -Storm Water Storm Water 1,732.50 BOLTON & MENK INC. 09/25/2017 108175 0207538 101-43170-304 2017 GIS Maintenance Engineering 1,064.00 BOLTON & MENK INC. 09/25/2017 108175 0207538 651-49910-304 GIS Office Hours 08/2017 Storm Water 192.00 BOLTON & MENK INC. 09/25/2017 108175 0207538 602-49450-304 GIS Office Hours 08/2017 Sewer 192.00 BOLTON & MENK INC. 09/25/2017 108175 0207538 602-49450-304 GIS Office Hours 08/2017 Sewer 384.00 BOLTON & MENK INC. 09/25/2017 108175 0207539 101-43170-304 general engineering 08/2017 Engineering 972.00 BOLTON & MENK INC. 09/25/2017 108175 0207539 651-49910-304 general engineering Drainage 8/2017 Storm Water 540.00 BOLTON & MENK INC. 09/25/2017 108175 0207539 435-48969-304 Engineering Old Crystal Bay Rd 08/17 1,600.00 BOLTON & MENK INC. 09/25/2017 108175 0207540 651-49910-304 2017 Storm Sewer Pond Projects Storm Water 2,047.50 BOLTON & MENK INC. 09/25/2017 108175 0207541 602-16500 2017 cIPP Project 5,336.00 BOLTON & MENK INC. 09/25/2017 108175 0207552 435-48966-304 2017 Street Improvements 10,279.50 BOLTON & MENK INC. 09/25/2017 108175 0207553 101-43170-304 2017 Willow Dr Trail Maint Engineering 338.00 BOLTON & MENK INC. 09/25/2017 108175 0207555 435-48966-304 2018 street improvements 2,578.00 BOLTON & MENK INC. 09/25/2017 108175 0207556 101-43170-304 ADA transition plan Engineering 1,180.00 BOLTON & MENK INC. 09/25/2017 108175 0207557 101-43280-304 16-3858 Crystal Bay Estates Special Services 110.00 BOLTON & MENK INC. 09/25/2017 108175 0207558 435-48967-304 fox street imp 21,085.50 BOLTON & MENK INC. 09/25/2017 108175 0207560 101-45200-304 golf course conceptual plan Parks 3,194.00 BOLTON & MENK INC. 09/25/2017 108175 0207561 101-43280-304 15-3763 Kintyre Preserve Special Services 55.00 BOLTON & MENK INC. 09/25/2017 108175 0207562 101-43280-304 15-3723 Lakeview Addition Special Services 165.00 BOLTON & MENK INC. 09/25/2017 108175 0207563 602-16500 Lift Station #2 Improvements 2,475.00 BOLTON & MENK INC. 09/25/2017 108175 0207564 435-48969-304 Old Crystal Bay Feasibility Study 1,736.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 9/12/2017 - 9/25/2017 Sep 21, 2017 01:13PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount BOLTON & MENK INC. 09/25/2017 108175 0207568 651-49910-304 Pond Assessments Storm Water 910.00 BOLTON & MENK INC. 09/25/2017 108175 0207569 101-43280-304 16-3807 Orono Preserve Special Services 170.00 BOLTON & MENK INC. 09/25/2017 108175 0207570 101-43280-304 16-3847 Shadywood Villas Special Services 2,194.00 BOLTON & MENK INC. 09/25/2017 108175 0207571 651-49910-304 Surface Water Treatment Mgmt Plan Storm Water 16,860.00 BOLTON & MENK INC. 09/25/2017 108175 0207572 101-43280-304 16-1980 1700 Shoreline Dr/Tanager Estates Special Services 455.00 BOLTON & MENK INC. 09/25/2017 108175 0207573 402-48056-304 Watertown Rd Phase 11 Watertown Road 1,226.78 Total 108175: 80,913.78 BUDGET PRINTING 09/25/2017 108177 5364 601-49400-322 UPS package Sent Water 12.76 BUDGET PRINTING 09/25/2017 108177 5415 101-41900-352 nameplate -parks Central Services 45.72 BUDGET PRINTING 09/25/2017 108177 5446 101-42110-352 Funeral Signs Laminated Police Department 24.00 Total 108177: 82.48 CAMPBELL KNUTSON 09/25/2017 108182 2717-OOOG-1 101-41600-307 Council communications Law/Legal Services 728.50 CAMPBELL KNUTSON 09/25/2017 108182 2717-OOOG-1 101-41600-307 Data Practices Law/Legal Services 1,271.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-OOOG-1 101-41600-307 uniion negotiations Law/Legal Services 2,269.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-OOOG-1 101-41600-307 General legal Matters Law/Legal Services 1,193.90 CAMPBELL KNUTSON 09/25/2017 108182 2717-004G-1 101-42110-307 Police Matter 8/17 Police Department 217.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-115G-8 101-41600-308 Code Enforcement 8/17 Law/Legal Services 215.72 CAMPBELL KNUTSON 09/25/2017 108182 2717-150G-7 101-43290-800 litigation 8/17 Special Projects -Contingencies 94.50 CAMPBELL KNUTSON 09/25/2017 108182 2717-201G-6 101-41600-307 recording 8/17 Law/Legal Services 676.82 CAMPBELL KNUTSON 09/25/2017 108182 2717-398G-1 101-41600-307 riemsdyk land reg Law/Legal Services 77.50 CAMPBELL KNUTSON 09/25/2017 108182 2717-471G-8 101-41600-307 Nygard Matter -08/2017 Law/Legal Services 449.50 CAMPBELL KNUTSON 09/25/2017 108182 2717-473G-8 101-43290-800 Johnson/feldson matter Special Projects -Contingencies 31.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-507G-2 101-43280-307 17-3945 2710 pence lane Special Services 100.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-508G-2 101-41600-307 TIF/HRA Housing Law/Legal Services 241.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-509G-1 101-43280-307 17-3948 2635 Kelley Parkway Special Services 150.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-510G-1 101-43280-307 17-3950 1760 Shoreline Dr Special Services 50.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-511G-1 101-43280-307 17-3951 1020 Tonkawa Road Special Services 50.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-512G-1 101-43280-307 17-3962 Ivy Place Special Services 75.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-513G-1 101-43280-307 17-3960 1720/1725 Bohns Pt Rd Special Services 50.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-800G-2 101-42400-307 STAFF MTGS 8/17 Building & Zoning 806.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-801G-2 101-41600-307 Council Mtgs 8/17 Law/Legal Services 1,038.50 CAMPBELL KNUTSON 09/25/2017 108182 2717-802G-2 101-42400-307 b&z assistance 8/17 Building & Zoning 403.00 CAMPBELL KNUTSON 09/25/2017 108182 2717-803G-2 101-41600-307 Ordinance updates 8/17 Law/Legal Services 31.00 Total 108182: 10.218.94 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 9/12/2017 - 9/25/2017 Sep 21, 2017 01:13PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account CARDMEMBER SERVICE 09/25/2017 108181 0913/2017 101-42110-402 CARDMEMBER SERVICE 09/25/2017 108181 AE09122017 101-42400-415 CARDMEMBER SERVICE 09/25/2017 108181 CF09062017 101-42110-560 CARDMEMBER SERVICE 09/25/2017 108181 CF09072017 101-42110-439 CARDMEMBER SERVICE 09/25/2017 108181 CF09092017 101-42110-402 CARDMEMBER SERVICE 09/25/2017 108181 CF09112017 101-42110-439 CARDMEMBER SERVICE 09/25/2017 108181 CF09122017 101-42110-402 CARDMEMBER SERVICE 09/25/2017 108181 CF09122017 101-42110-439 Total 108181: CARGILL GLOBAL SECURITY 3 09/19/2017 108082 2903594268 601-49400-216 Total 108082: CARGILL SALT 09/25/2017 108183 2903594268 601-49400-216 Total 108183: CENTERPOINT ENERGY MAIN 09/25/2017 108184 15865-1 AU 601-49400-381 CENTERPOINT ENERGY MAIN 09/25/2017 108184 15865-1 AU 602-49450-381 CENTERPOINT ENERGY MAIN 09/25/2017 108184 15865-1 AU 101-41900-381 CENTERPOINT ENERGY MAIN 09/25/2017 108184 15865-1 AU 101-42110-381 CENTERPOINT ENERGY MAIN 09/25/2017 108184 15865-1 AU 101-45210-381 Total 108184: CENTURY LINK 09/25/2017 108185 584 SEP/17 601-49400-321 Total 108185: CHUNKS LAKESHORE AUTO 09/25/2017 108186 0015041 101-42110-402 CHUNKS LAKESHORE AUTO 09/25/2017 108186 0015048 101-42110-402 CHUNKS LAKESHORE AUTO 09/25/2017 108186 0015051 101-42110-402 CHUNKS LAKESHORE AUTO 09/25/2017 108186 0015058 101-42110-402 Total 108186: CITY OF LONG LAKE 09/25/2017 108187 00201408 435-48968-590 Description Department Invoice Amount Carwash squad #235 Police Department 10.00 lakeshore inspections Building & Zoning 125.10 office chair f/k.herzog Police Department 160.90 water & cookies CISD meeting Police Department 16.97 Carwash squad #235 Police Department 10.00 items for funeral planning meeting Police Department 24.46 garage door remotes for PD2 Police Department 32.57 lunch -funeral planning Police Department 63.21 salt Water 4,655.86 - salt Water 4,655.86 Aug/17-gas 07/21-08/21/17 Water 161.61 Aug/17-gas 07/21-08/21/17 Sewer 204.98 Aug/17-gas 07/21-08/21/17 Central Services 84.68 Aug/17-gas 07/21-08/21/17 Police Department 33.28 Aug/17-gas 07/21-08/21/17 Golf Course 16.03 500.58 internet navarre plant 07/31-08/28/17 Water 203.26 203.26 #235 Perform service, oil, filter & Mount/Lock AR Rif Police Department 343.52 #238 Perform service, oil, filter Police Department 42.74 #243 Replace Tires Police Department 80.55 #240, Oil change, cabin air filter, Ignition tune up, br Police Department 727.12 1,193.93 Orono Share Watertown Rd 133,800.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 9/12/2017 - 9/25/2017 Page: 4 Sep 21. 2017 01:13PM Department Invoice Amount 133,800.00 Public Works Department 1,287.72 Water 1,287.72 Sewer 1,287.72 3,863.16 411. bU Administration 1,125.00 1,125.00 Public Works Department 1,502.15 1,502.15 Central Services Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 108187: COMMERCIAL ASPHALT 09/25/2017 108188 170831 101-43000-224 black top repairs COMMERCIAL ASPHALT 09/25/2017 108188 170831 601-49400-227 black top repairs COMMERCIAL ASPHALT 09/25/2017 108188 170831 602-49450-227 black top repairs Total 108188: DELTA DENTAL 09/25/2017 108189 7036636 101-21709 003722072 Sep Dental DELTA DENTAL 09/25/2017 108189 7036636 101-15998 003722072 Sep Dental Total 108189: DUSTIN RIEF 09/25/2017 108190 OCT2017 101-41300-135 cobra coverage-D.Rief Total 108190: EARL F ANDERSON & ASSOC 09/25/2017 108191 0115410 -IN 101-43000-224 street signs Total 108191: ECM PUBLISHERS INC 09/25/2017 108192 525942 101-41900-352 CB notice special mtg ECM PUBLISHERS INC 09/25/2017 108192 525943 101-42400-340 ph add ECM PUBLISHERS INC 09/25/2017 108192 527754 101-45200-352 worker add/Park& Golf ECM PUBLISHERS INC 09/25/2017 108192 715039 101-42110-340 back to school ECM PUBLISHERS INC 09/25/2017 108192 728990 101-45200-352 worker add/Park& Golf Total 108192: EHLERS AND ASSOCIATES INC 09/25/2017 108193 74762 235-45690-319 TIF administration Total 108193: ERICKSON, BRAD 09/25/2017 108194 2016-00905 101-22205 escrow refund -2120 Wayzata blvd Total 108194: ESRI 09/25/2017 108195 93344038 101-42400-416 ArcView maintenance Page: 4 Sep 21. 2017 01:13PM Department Invoice Amount 133,800.00 Public Works Department 1,287.72 Water 1,287.72 Sewer 1,287.72 3,863.16 411. bU Administration 1,125.00 1,125.00 Public Works Department 1,502.15 1,502.15 Central Services 23.84 Building & Zoning 143.04 Parks 92.50 Police Department 90.00 Parks 142.50 491.88 460.00 460.00 2,500.00 Building & Zoning 5,700.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 9/12/2017 - 9/25/2017 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 108195: EXPRESS EMPLOYMENT PROF 09/25/2017 108196 19415495 101-41300-319 temp emp/staff develpment Total 108196: FERGUSON WATERWORKS #2 09/25/2017 108198 0250484 601-49400-227 meter parts Total 108198: G & K SERVICES 09/25/2017 108200 6006659157 101-43000-226 unifomrs G & K SERVICES 09/25/2017 108200 6006659157 101-43000-221 Shop towels G & K SERVICES 09/25/2017 108200 6006661558 101-41900-401 CH Mats G & K SERVICES 09/25/2017 108200 6006661559 101-41900-401 CH Mats G & K SERVICES 09/25/2017 108200 6006670239 101-43000-226 unifomrs G & K SERVICES 09/25/2017 108200 6006670239 101-43000-221 Shop towels G & K SERVICES 09/25/2017 108200 6006681174 101-45210-223 mats Total 108200: GENUINE PARTS COMPANY/NA 09/25/2017 108202 3270-375713 101-42110-402 headlight bulbs & wipers GENUINE PARTS COMPANY/NA 09/25/2017 108202 3270-377250 101-45210-240 grease gun GENUINE PARTS COMPANY/NA 09/25/2017 108202 3270-377320 101-42110-402 adapter, truck oil Total 108202: GREAT LAKES COCA-COLA 09/25/2017 108203 3601204566 101-45210-092 beverages for concessions resale -GC Total 108203: HD SUPPLY WATERWORKS LT 09/25/2017 108204 H665983 601-49400-227 hydrant Parts Total 108204: Henn county Community Correcti 09/25/2017 108206 1000097577 101-41550-302 2nd half 2017 assessing services Total 108206: HENNEPIN COUNTY INFOR TE 09/25/2017 108208 1000098064 101-42110-414 radios -08/2017 Department Administration Water Public Works Department Public Works Department Central Services Central Services Public Works Department Public Works Department Golf Course Police Department Golf Course Police Department Golf Course Water Assessing Police Department Page: 5 Sep 21. 2017 01:13PM Invoice 5,700.00 132.83 132.83 140.00 140.00 3.50 10.80 21.92 51.26 58.96 28.99 24.23 86,000.00 86,000.00 2,030.52 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 9/12/2017 - 9/25/2017 Sep 21, 2017 01:13PM Department Invoice Amount Public Works Department Law/Legal Services Police Department Administration Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 1,265.00 - HENNEPIN COUNTY INFOR TE 09/25/2017 108208 1000098095 101-43000-414 radio Communication -07/2017 Total 108208: 595.00 Building & Zoning 355.52 Building & Zoning 35.45 HENNEPIN COUNTY SHERIFF 09/25/2017 108210 1000098170 101-41600-309 jail charges Total 108210: HENRY WVOLLET 09/25/2017 108212 147061 101-42110-228 PD/small tragets Total 108212: INSITUFORM TECHNOLOGIES 09/25/2017 108214 PY REQ 3 602-16500 2016 Sanitary sewer projects Total 108214: JACKIE YOUNG 09/20/2017 108097 08022017 101-41300-319 CC meetings, 07/10&7/24 JACKIE YOUNG 09/20/2017 108097 08022017 101-42400-319 PC meeting -07/17 JACKIE YOUNG 09/20/2017 108097 09052017 101-41300-319 CC meeting 8/14/17 JACKIE YOUNG 09/20/2017 108097 09052017 101-41300-319 hra meeting 8/28/17 JACKIE YOUNG 09/20/2017 108097 09052017 101-42400-319 pc meeting 8/21/17 Total 108097: JACKIE YOUNG 09/25/2017 108216 09052017 101-41300-319 CCmeeting 8/14/2017 JACKIE YOUNG 09/25/2017 108216 09052017 101-41300-319 hra meeting 8/28/17 JACKIE YOUNG 09/25/2017 108216 09052017 101-42400-319 pc meeting 8/21/17 Total 108216: JEREMY BARNHART 09/25/2017 108218 08022017 101-42400-439 stie insp trips & MNAPA training JEREMY BARNHART 09/25/2017 108218 09132017 101-42400-439 OPEN HOUSE REIMBURSE Total 108218: JIVASOFT CORPORATION 09/25/2017 108220 2952 101-42110-401 annual support fee 11/14/17-11/13/18 Total 108220: JJ TAYLOR DIST LF MN JJ TAYL 09/25/2017 108222 2711338 101-45210-091 beer for resale -GC Department Invoice Amount Public Works Department Law/Legal Services Police Department Administration 430.00 - Building & Zoning 240.00 - Administration 190.00 - Administration 165.00 - Building & Zoning 240.00- 1,265.00 - Administration 190.00 Administration 165.00 Building & Zoning 240.00 595.00 Building & Zoning 355.52 Building & Zoning 35.45 Police Department 1,000.00 1,000.00 Golf Course 229.70 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 9/12/2017 - 9/25/2017 Page: 7 Sep 21. 2017 01:13PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 28.56 700.00 700.00 Parks 632.50 Total 108222: 632.50 1,265.00 Police Department 5,427.00 John Harnett 09/25/2017 108224 09072017 999-10015 ub reimburse overpmt Total 108224: 517.50 Police Department 6,499.00 Central Services 925.00 JOSH NEEDHAM 09/25/2017 108226 08212017 101-42110-437 TRAINING LUNCH Total 108226: 16,567.50 Storm Water 14.37 Police Department 55.96 Ken Sadler 09/25/2017 108228 2017-00419 101-22205 escrow refund/2755 Ethel Avenue Total 108228: Landscape LLC 09/25/2017 108230 307 101-45200-404 Beach clean ups 7/21/17 Landscape LLC 09/25/2017 108230 308 101-45200-404 Beach clean ups 8/28/2017 Total 108230: LOGIS 09/25/2017 108231 43060 101-42110-575 system development LOGIS 09/25/2017 108231 43079 101-42110-401 annual network wellness LOGIS 09/25/2017 108231 43079 101-41900-401 annual network wellness LOGIS 09/25/2017 108231 43667 602-49450-401 SCADA tokens LOGIS 09/25/2017 108231 43692 602-49450-401 vPN set up -SCADA LOGIS 09/25/2017 108231 44080 101-42110-310 police records 9/17 LOGIS 09/25/2017 108231 44080 101-41900-319 back ups 9/17 LOGIS 09/25/2017 108231 44080 101-42110-329 internet 9/17 LOGIS 09/25/2017 108231 44080 101-41900-329 internet 9/17 LOGIS 09/25/2017 108231 44176 101-41900-401 network 8/17 Total 108231: LONG LAKE TRUE VALUE 09/25/2017 108232 8418725 651-49910-406 concret mis LONG LAKE TRUE VALUE 09/25/2017 108232 A39844 101-42110-221 Funderal detail Total 108232: Lube Tech Liquid Recycling 09/25/2017 108233 1009216 101-43000-212 used oil pick up Page: 7 Sep 21. 2017 01:13PM Department Invoice Amount 229.70 3.81 3.81 Police Department 28.56 28.56 700.00 700.00 Parks 632.50 Parks 632.50 1,265.00 Police Department 5,427.00 Police Department 1,089.00 Central Services 1,089.00 Sewer 165.00 Sewer 517.50 Police Department 6,499.00 Central Services 925.00 Police Department 198.00 Central Services 198.00 Central Services 460.00 16,567.50 Storm Water 14.37 Police Department 55.96 70.33 Public Works Department 100.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 9/12/2017 - 9/25/2017 Department Sewer Public Works Department Police Department Police Department Golf Course Page: 8 Sep 21. 2017 01:13PM Invoice Amount 100.00 3,200.00 3,200.00 35,995.14 9,840.60 45,835.74 2,500.00 2,500.00 343.32 343.32 21.00 18.00 1,379.00 774.00 234.00 73.00 38.00 17.97 17.97 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 108233: Marcel Smits 09/25/2017 108234 2017-3952 101-22205 escrow refund/3345 Fox Street Total 108234: MET COUNCIL ENVIRONMENTA 09/25/2017 108235 000102419 602-49450-383 Oct 2017 wastewater sery MET COUNCIL ENVIRONMENTA 09/25/2017 108235 AUG 2017 101-20802 Aug 2017 -sac Total 108235: Michael Meek 09/25/2017 108237 2017-01051 101-22205 escrow refund/ 2725 Shadywood Rd Total 108237: MINT ROOFING 09/25/2017 108239 55374 101-43000-404 PW roof repair Total 108239: MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 101-34210 Aug - sales tax MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 101-34650 Aug - sales tax MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 601-20806 Aug- sales tax MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 101-37910 Aug- sales tax MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 101-37920 Aug- sales tax MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 101-37930 Aug- sales tax MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 101-37940 Aug- sales tax MN DEPT OF REVENUE -OTHER 09/25/2017 108240 AUG 2017 101-37970 Aug- sales tax Total 108240: MOUND TRUE VALUE 09/25/2017 108241 146865 101-42110-223 shop towels MOUND TRUE VALUE 09/25/2017 108241 147144 101-42110-221 towels, wet/dry vac Total 108241: NAVARRE HARDWARE 09/25/2017 108243 305454 101-45210-223 Facial Tissue and Disinfect Wipe Total 108243: Department Sewer Public Works Department Police Department Police Department Golf Course Page: 8 Sep 21. 2017 01:13PM Invoice Amount 100.00 3,200.00 3,200.00 35,995.14 9,840.60 45,835.74 2,500.00 2,500.00 343.32 343.32 21.00 18.00 1,379.00 774.00 234.00 73.00 38.00 17.97 17.97 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 9/12/2017 - 9/25/2017 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number NEWEGG INC 09/25/2017 108244 1300609438 101-42110-221 i phone cords & chargers Total 108244: NORLINGS 09/25/2017 108245 32942 101-45200-404 landscape maintenance Navarre Park NORLINGS 09/25/2017 108245 32943 101-45200-404 landscape maintenance Crystal Bay Park NORLINGS 09/25/2017 108245 32944 101-41900-404 City Hall landscape maint.- Total 108245: O SULLIVANS HOLIDAY 546 09/25/2017 108246 08312017 101-42110-402 car wash Total 108246: O SULLIVANS HOLIDAY 547 09/25/2017 108247 08312017 101-42110-402 car washes Total 108247: OFFICE DEPOT 09/25/2017 108248 9586177540 101-41900-201 Office Supplies - OFFICE DEPOT 09/25/2017 108248 9597191110 101-42110-201 Office Supplies - OFFICE DEPOT 09/25/2017 108248 9597193120 101-42110-201 Office Supplies - Total 108248: OTTEN BROTHERS 09/25/2017 108249 1-1507040 101-45210-223 straw Total 108249: PERRYS TRUCK REPAIR 09/25/2017 108250 16933 101-42110-402 Tow Total 108250: PIRTEK 09/25/2017 108251 S2556949.00 101-45210-221 hose for sprayer Total 108251: PLUNKETT S 09/25/2017 108252 5761325 101-41900-404 City Hall pest control Total 108252: Department Police Department Parks Parks Central Services Police Department Police Department Central Services Police Department Police Department Golf Course Police Department Golf Course Central Services Page: 9 Sep 21. 2017 01:13PM Invoice Amount 480.00 260.00 587.00 au c7 194.08 18.99 18.99 70.00 70.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 9/12/2017 - 9/25/2017 Sep 21, 2017 01:13PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account POPE/DOUGLAS 09/25/2017 108253 ORONOPD8 101-42110-319 Total 108253: 543.85 543.85 PREMIER LIGHTING, INC. 09/25/2017 108254 40582 101-45210-404 Total 108254: concessions Resale -GC Golf Course 101.50 Banger,bail out bag QUALITY CONTROL & INTEGRA 09/25/2017 108255 34066 602-49450-406 Total 108255: Police Department 30.99 boots Police Department REED WHOLESALE/OFFICE CO 09/25/2017 108256 9415 101-45210-093 Total 108256: 187.90 emblem Police Department 125.00 Ryan Blackwell 09/25/2017 108257 2016-3873 101-22205 Total 108257: nameplates Police Department 7.99 rain jacket SCENE CLEAN, INC. 09/25/2017 108258 17151-01 101-42110-402 Total 108258: SONICLEAR 09/25/2017 108259 09072017 101-41900-416 Total 108259: STREICHERS POLICE EQUIP 09/25/2017 108260 CM277142 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 CM277189 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 11275239 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1273520 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1273755 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1274314 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1274473 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1276205 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1276389 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1276614 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1276660 101-42110-226 STREICHERS POLICE EQUIP 09/25/2017 108260 L1276745 101-42110-226 Description Department Invoice Amount drug destruction Police Department 187.20 187.20 light bulbs Golf Course 543.85 543.85 subm pump Sewer 15,300.00 15,300.00 concessions Resale -GC Golf Course 101.50 iul.ou escrow refund/ 80 Smith Ave 2,500.00 2,500.00 medical problem Police Department 194.20 194.20 2017 annual support -council mtg recording software Central Services 373.00 373.00 boots Police Department 139.99- Banger,bail out bag Police Department 439.92 handcuffs restraints Police Department 348.96 heat transfer, mag holder Police Department 30.99 boots Police Department 139.99 Badge Police Department 129.99 supplies, tape, tourniquet Police Department 187.90 emblem Police Department 125.00 Shirt, pants, Police Department 221.97 Badge repair Police Department 18.98 nameplates Police Department 7.99 rain jacket Police Department 116.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 9/12/2017 - 9/25/2017 Sep 21, 2017 01:13PM Check Check Invoice Invoice GL Account Payee Issue Date Number Number STREICHERS POLICE EQUIP 09/25/2017 108260 L1276931 101-42110-226 drug test kit Total 108260: Description Department Police Department SUMMIT COMPANIES 09/25/2017 108261 1208602 101-41900-404 Fire extinguisher inspection City Hall SUMMIT COMPANIES 09/25/2017 108261 1208604 101-45210-404 Annl Fire Extinguisher Inspection -Golf Course Total 108261: SUN LIFE FINANCIAL 09/25/2017 108262 23745 -SEP 1 101-21713 LTD- Sep 2017 SUN LIFE FINANCIAL 09/25/2017 108262 237745 -SEP 101-21714 STD-Sep/2017 SUN LIFE FINANCIAL 09/25/2017 108262 237745 -SEP 101-21714 Life Ins-sep/2017 SUN LIFE FINANCIAL 09/25/2017 108262 237745 -SEP 101-15998 Life Ins-sep/2017 Total 108262: TESSMAN COMPANY 09/25/2017 108263 S260878 -IN 101-45210-223 fungicide Total 108263: TOLL GAS & WELDING SUPPLY 09/25/2017 108264 40070069 101-43000-415 cylinder & Demurrage Total 108264: TRI CITY LAB 09/25/2017 108265 170020 601-49400-489 water testing Total 108265: VERIZON WIRELESS 09/25/2017 108266 9792243809 101-42110-321 Cell Phones -08/07/17-09/06/17 VERIZON WIRELESS 09/25/2017 108266 9792243809 101-45210-321 Cell Phones -08/07/17-09/06/17 VERIZON WIRELESS 09/25/2017 108266 9792243809 601-49400-321 Cell Phones -08/07/17-09/06/17 VERIZON WIRELESS 09/25/2017 108266 9792243809 602-49450-321 Cell Phones -08/07/17-09/06/17 VERIZON WIRELESS 09/25/2017 108266 9792243809 101-43000-321 Cell Phones -08/07/17-09/06/17 VERIZON WIRELESS 09/25/2017 108266 9792243809 101-42400-321 Cell Phones -08/07/17-09/06/17 VERIZON WIRELESS 09/25/2017 108266 9792243809 101-42400-221 Cell Phones -08/07/17-09/06/17 Central Services Golf Course Golf Course Public Works Department Water Police Department Golf Course Water Sewer Public Works Department Building & Zoning Building & Zoning Invoice Amount 15.00 34.00 528.20 1,042.30 3,390.43 421.71 421.71 11.04 11.04 31.50 31.50 74.15 70.02 70.02 35.01 35.01 Total 108266: 1,889.84 WASTE MANAGEMENT RECYC 09/25/2017 108267 0030957-280 603-49500-316 Recycling 9/2017 7,488.92 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 9/12/2017 - 9/25/2017 Sep 21, 2017 01:13PM Department Invoice Amount Sewer Sewer Public Works Department Central Services Police Department Police Department Public Works Department Public Works Department Parks Water Sewer Golf Course Golf Course Golf Course 7,488.92 75.00 75.00 33.41 1,775.46 1,154.79 70.61 176.28 1,976.97 35.40 7,857.03 2,676.21 1,183.07 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 108267: WIDMER CONTSTRUCTION 09/25/2017 108268 4329 602-49450-406 material Total 108268: WILLIAMS TOWING 09/25/2017 108269 145637 231-45650-436 2014 jeep WILLIAMS TOWING 09/25/2017 108269 145663 231-45650-436 2006 mitsubishi eclipse Total 108269: Wood Be Perfect LLC 09/25/2017 108270 2017-01051 101-22205 escrow refund/2725 Shadywood Rd Total 108270: WRIGHT HENNEPIN ELECTRIC 09/25/2017 108271 3502584768 602-49450-381 Electrical Service /1-9/1/17 WRIGHT HENNEPIN ELECTRIC 09/25/2017 108271 3502584768 101-43000-386 Electrical Service /1-9/1/17 Total 108271: XCEL ENERGY 09/25/2017 108272 560582038 101-41900-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 101-42110-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 101-42110-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 101-43000-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 101-43000-386 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 101-45200-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 601-49400-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 602-49450-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 101-45210-381 Electric 8/21-9/20/17 XCEL ENERGY 09/25/2017 108272 560582038 101-45210-381 Electric 8/21-9/20/17 Total 108272: Yamaha Golf & Utility 09/25/2017 108273 01-202005 101-45210-221 shifter handle Total 108273: Grand Totals: Department Invoice Amount Sewer Sewer Public Works Department Central Services Police Department Police Department Public Works Department Public Works Department Parks Water Sewer Golf Course Golf Course Golf Course 7,488.92 75.00 75.00 33.41 1,775.46 1,154.79 70.61 176.28 1,976.97 35.40 7,857.03 2,676.21 1,183.07 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 9/12/2017 - 9/25/2017 Page: 13 Sep 21, 2017 01:13PM AGENDA ITEM Item No.: 5 Date: September 25, 2017 Item Description: Approval of an Amendment to the Lease Agreement with Orono Public Schools Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the amendment to the Lease Agreement with Orono Public Schools. 2. Background. Orono Public Schools has requested an increase in the numbers of election equipment subleased from the City of Orono for use at the polling places for the School District Elections. 3. Staff Recommendation. Staff is recommending approval of the Amendment to the Lease Agreement. COUNCIL ACTION REQUESTED Motion to approve the Amendment to the Lease Agreement. Exhibit Exhibit A. Lease Agreement - Amendment No. 1 Exhibit B. Elections Equipment Lease Agreement Prepared By: AMC Reviewed By: AMC Approved By: -bq CITY OF ORONO / ORONO PUBLIC SCHOOLS AMENDMENT NO. 1 TO THE LEASE AGREEMENT THIS AGREEMENT made and entered into by and between the CITY OF ORONO and ORONO PUBLIC SCHOOLS, INDEPENDENT SCHOOL DISTRICT 278, both political subdivisions of the State of Minnesota, hereinafter referred to as the "city" and the "school District," respectively. For purposes of this Agreement, the address of the City is 2750 Kelley Parkway, Orono, Minnesota 55356, and the address of the School District is 685 Old Crystal Bay Road North, Orono, Minnesota 55356. WITNESSETH WHEREAS, the CITY and the SCHOOL DISTRICT are signatories to the Lease Agreement, whereby the CITY subleases the certain County Election Equipment to the SCHOOL DISTRICT; and WHEREAS, the SCHOOL DISTRICT has requested an increase in the number of Election Equipment and AVT Equipment (as defined herein) for use in all School District elections; and NOW THERFORE, IT IS HEREBY AGREED that the Lease Agreement between the herein -named parties is hereby amended in accordance with the provisions set forth below: Sections 1.1 — 1.2 shall be amended to read: SCOPE OF AGREEMENT 1.1 The CITY hereby subleases to the SCHOOL DISTRICT at the cost identified below and subject to the terms and conditions of this Agreement, and the SCHOOL DISTRICT herby agrees to sublease from the CITY election equipment identified as: Three (3) DS200 Digital Scan Precinct Count Units (including (6) 4 GB Jump Drives, and three (3) DS200 Plastic Ballot Boxes (the "Election Equipment") for polling places contained within the SCHOOL DISTRICT. 1.2 The CITY hereby subleases to the SCHOOL DISTRICT subject to the terms and conditions of the Agreement, and the SCHOOL DISTRICT hereby agrees to sublease from the City Assisted Voting Technology Equipment identified as: three (3) AutoMARK Voter Assist Terminals, six (6) flashcards and three (3) ES&S AutoMARK Tables with adjustable legs for polling places ("AVT Equipment") contained within the SCHOOL DISTRICT. Section 6.1 shall be amended to read: LEASING, PROGRAMMING, AND ACCUMULATION COSTS 6.1 Lease Fee. The SCHOOL DISTRICT shall pay the CITY the amount of seventy-five dollars ($75) for the Election Equipment and eighty-four dollars ($84) for the AVT Equipment. The School District shall pay the City upon receipt of billing for use of the equipment in each year this contract is in effect. Except as herein amended, the terms, conditions and provisions of said Lease Agreement shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS BLANK. AUTHORIZATION CITY OF ORONO Its: Date: ORONO PUBLIC SCHOOLS, INDEPENDENT SCHOOL DISTRICT 278 Its: Date: CITY OF ORONO 1 ORONO PUBLIC SCHOOLS LEASE AGREEMENT THIS AGREEMENT, made by and between the CITY OF ORONO and ORONO PUBLIC SCHOOLS, INDEPENDENT SCHOOL DISTRICT 278, both political subdivisions of the State of Minnesota, hereinafter referred to as the "City" and the "School District," respectively. For purposes of this Agreement, the address of the City is 2750 Kelley Parkway, Orono, MN 55356, and the address of the School District is 685 Old Crystal Bay Road North, Orono, Minnesota 55356. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 13-0134 and Resolution Number 05-564 authorized the purchase of Election Equipment and Assisted Voting Technology equipment for a countywide digital scan voting system, election hardware and services, and WHEREAS, the Hennepin County, a political subdivision of the State of Minnesota ("Hennepin County"), and the City of Orono are parties to an agreement numbered A-131257 relating to the lease of Election Equipment and AVT equipment (as defined herein); and WHEREAS, the City desires to sublease Election Equipment and AVT Equipment to the School District for use in all School District elections. WHEREAS, the City also desires to lease voting booths to the School District for use in all School District elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and the School District agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The City hereby subleases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the School District hereby agrees to sublease from the City election equipment identified as: two (2) DS200 Digital Scan Precinct Count Units (including four (4) 4 GB Jump Drives), and two (2) DS200 Plastic Ballot Boxes (the "Election Equipment") for polling places contained within the School District. 1.2 The City hereby subleases to the School District subject to the terms and conditions of this Agreement, and the School District hereby agrees to sublease from the City Assisted Voting Technology Equipment identified as: one (1) AutoMARK Voter Assist Terminals, two (2) flashcards and one (1) ES&S 171938v3 Page 1 of 8 AutoMARK Table with adjustable legs for polling places ("AVT Equipment') contained within the School District. 1.3 The City hereby leases to the School District subject to the terms and conditions of this agreement, and the School District hereby agrees to lease from the City ten (10) voting booths ("Voting Booths"). 1.3 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the Election Equipment, AVT Equipment, and Voting Booths included within the scope of this agreement. The City hereby delegates authority to execute such an addendum to the authorized City officer, or the City Council, as appropriate. The School District hereby delegates authority to execute such an addendum to the authorized School District officer, or the School Board, as appropriate. Section 2 OWNERSHIP 2.1 The School District acknowledges that Hennepin County owns the Election Equipment and AVT Equipment. The School District acknowledges that it is authorized to use said Election Equipment and AVT Equipment for official election related purposes only. Use of the Election Equipment and AVT Equipment for any other purpose is strictly prohibited absent express written consent of Hennepin County and the City. 2.2 The School District acknowledges and agrees that the Election Equipment and AVT Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment and AVT Equipment. 2.3 The School District acknowledges and agrees that the City owns the Voting Booths and that the School District is authorized to use said Voting Booths for official election related purposes only. Use of the Voting Booths for any other purpose is strictly prohibited absent express written consent of the City. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.'` The School District shall be responsible for the Election Equipment, AVT Equipment, and Voting Booths while it is in the School District's custody, possession or control. The School District, either through insurance or a self- insurance program, shall be responsible for all costs, fees, damages and 171938v3 Page 2 of 8 expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment, AVT Equipment, and Voting Booths while it is in the School District's custody and this Agreement is in effect, consistent with the School District's defense and indemnity obligations contained within this Agreement. 3.2 The School District shall be responsible for the transporting of the Election Equipment, AVT Equipment, and Voting Booths from and to the City. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment, AVT Equipment, and Voting Booths as well as the maintenance and repair costs described in Sections 5.1 and 5.2. Section 4 TERM, TERMINATION 4.1 The City and the School District agree that this Agreement is in effect during the period commencing upon signature by both parties and terminating when the School District returns the Election Equipment, ATV Equipment and Voting Booths to the City or December 31, 2013, whichever is sooner. Thereafter, this Agreement shall automatically renew and be in effect commencing September 1 of each odd -numbered year and terminating when the School District returns the Election Equipment, ATV Equipment and Voting Booths to the City or December 31 of that year, whichever is sooner. This Agreement shall not automatically renew if either party notifies the other party, on or before June 1s' of that year, of its intention not to renew. Termination of this Agreement by the School District shall not relieve the School District of any duties or obligations hereunder including but not limited to the obligation to pay amounts due and payable. Upon expiration or any termination of this Agreement, the School District shall return the Election Equipment, AVT Equipment and/or Voting Booths within a reasonable time and in good operating condition except for routine wear and tear Section 5 MAINTENANCE 5.1 Maintenance Agreement (DS200) Hennepin County has entered into an agreement with a third -party ("Maintenance Vendor") for maintenance and repair of the Election Equipment as more fully described in Addendum A ("Maintenance Services). The School District will obtain Maintenance Services for the Election Equipment directly from the Maintenance Vendor including but not limited to scheduling and supervising the Maintenance Vendor. The School District shall pay the City the per-unit amount that Hennepin County pays to the Maintenance Vendor plus any additional costs incurred by County as the same are directly 171938v3 Page 3 of 8 related to maintenance and repair of the Election Equipment subleased by the School District which may include the cost of replacement parts. 5.2 Maintenance Agreement (AVT Equipment). Hennepin County has entered into an agreement with a third -party ("AVT Maintenance Vendor") for maintenance and repair of the AVT Election Equipment ("AVT Maintenance Services). The School District will obtain AVT Maintenance Services for the AVT Election Equipment directly from the AVT Maintenance Vendor including but not limited to scheduling and supervising the AVT Maintenance Vendor. The School District shall pay the City the per unit amount that Hennepin County pays to the AVT Maintenance Vendor plus any additional costs incurred by Hennepin County as the same are directly related to maintenance and repair of the AVT Election Equipment subleased by the School District which may include the cost of replacement parts. 5.3 The School District agrees not to make any repairs, changes, modifications or alterations to the Election Equipment or AVT Equipment that are not authorized by Hennepin County and said vendors. 5.4 After reasonable notice, the City or Hennepin County shall have the right to enter into and upon the premises where the Election Equipment and AVT Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the School District shall comply with the City's or Hennepin County's request for verification of Election Equipment and AVT Equipment inventory. 5.5 The School District agrees to provide notice to Maintenance Vendor and/or AVT Maintenance Vendor of any defects or malfunctions with the Election Equipment and/or AVT Equipment within twenty-four (24) hours. The School District also agrees to provide the City with notice of such malfunctions or defects and the Maintenance Vendor and/or AVT Maintenance Vendor response within a reasonable time. Section 6 LEASING, PROGRAMMING, AND ACCUMULATION COSTS 6.1 Lease Fee. The School District shall pay the City the amount of fifty dollars ($50) for the Election Equipment and twenty-eight dollars ($28) for the AVT Equipment. The School District shall pay the City upon receipt of billing for use of the equipment in each year this contract is in effect. 6.2 Election Equipment Programming. Hennepin County, through its agreement A-131257 with the City, will be responsible for programming the DS200 Digital Scan Election Equipment at no charge to jurisdictions for all races in all elections. 6.3 AVT Equipment Programming Costs. The School District is responsible for paying to the City the programming costs, not to exceed twenty-five dollars ($25), of the AVT Equipment described in paragraph 1.2. 171938v3 Page 4 of 8 6.4 Results Transmission and Accumulation. For a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the odd - numbered years, the City, in its sole discretion, may elect to have Hennepin County perform the electronic transmission and accumulation of results of City and School District races in the primary and general election, at a cost of $100 per polling place for the primary, and $100 per polling place for the general election. The School District is responsible for paying to the City any accumulation costs prorated upon the number of columns devoted to the School District's races on the ballot. Section 7 OTHER TERMS AND CONDITIONS 71 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.5 Limited Warranty. The City warrants that it has obtained express written permission of the Hennepin County's Election Manager, or his/her designee to sublease the Election Equipment and AVT Equipment to the School District. 171938v3 Page 5 of 8 7.6 No Warranty. THE CITY IS PROVIDING THE ELECTION EQUIPMENT AND AVT EQUIPMENT ON AN AS -IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON - INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Pursuant to the foregoing, the School District agrees that the City is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, other than those provided by the Maintenance Vendor and/or AVT Maintenance Vendor, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election Equipment or AVT Equipment. The City does not warrant that the Election Equipment and/or AVT Equipment will be error free. The City disclaims any other warranties, express or implied, respecting this agreement or the Election or AVT Equipment. The School District's exclusive remedy and the City's sole liability for any substantial defect which impairs the use of the Election Equipment and/or AVT Equipment for the purposes stated herein shall be the right to terminate this Agreement. 7.7 IN NO EVENT SHALL THE CITY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (EVEN IF THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGE ARISING OUT OF PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT BY THE CITY. The City and the School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof including but not limited to the acts or omissions of the party's subcontractors, employees and other personnel and shall to the extent authorized by law defend, indemnify and hold harmless the other party from any liability, claims, causes of action, costs or expenses resulting directly or indirectly from such acts and/or omissions. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the City or School District of any statutory or common law defenses, immunities, or limits on liability. 1719383 Page 6 of 8 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: City of Orono 2750 Kelley Pkwy, Orono, MN 55356 To the School District: Orono Public Schools 685 Old Crystal Bay Road North Orono, Minnesota 55356. 7.9 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and School District hereof shall survive the completion of performance and termination or cancellation of this Agreement. 712 Authority. The person or persons executing this Lease Agreement on behalf of the City and School District represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the School District and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 7 13 The parties shall comply with applicable law including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA). THE REMAINDER OF THIS PAGE 1S BLANK. 171938v3 Page 7 of 8 AUTHORIZATION CITY OF •-. • By:_ /ij, LA- =---j fid ; .. • 1 ORONO PUBLIC SCHOOLS, INDEPENDENT SCHOOL DISTRICT 278 Its: "' ���-,�` Date: t I �'o t 171938v3 Page 8 of 8 AGENDA ITEM Item No.: 6 Date: September 25, 2017 Item Description: Approval of One Day Temporary Liquor License for On -Sale — 8 To A Lamp Charity Benefit — Otten Brothers Nursery Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the One Day Temporary Liquor License for On -Sale for 8 To A Lamp Charity Benefit at Otten Brothers Nursery. 2. Background. The One Day Temporary Liquor License applicant has met the requirements and have all submitted a complete application. 3. Staff Recommendation. Staff is recommending approval of the One Day Temporary Liquor License. COUNCIL ACTION REQUESTED Motion to approve the One Day Temporary Liquor License for On -Sale for 8 To A Lamp. Exhibit Exhibit A. 8 To A Lamp One Day Temporary Liquor License Application Prepared By: AMC Reviewed By: AMC Approved By: -'bV Application for Temporary Liquor License Please check all of the following that apply: Type of License: MOn Sale Intoxicating Liquor (One to Four Days) • Spirits/Liquor • Wine (Up to 14% alcohol) ❑ Consumption & Display (Setup) (One Day) ❑ 3.2% Beer On Sale (One to Four Days) ❑ Off Sale - Wine Auction (Check with State Gambling Division) Fee: $25.00 Date Paid: Receipt #.- Type of Organization: ❑ Club Charitable ❑ Religious ❑ Other Nonprofit ❑ Political Committee ❑ State University Date(s) liquor will be served and/or sold. �,:"vOPA-7 I ®GTf V 664L —4 Phi 5 LJe-Sea.4&`T Location liquor will be served and/or sold: �'Q W • tn/r442 4-i A ! LVJ9 . Please describe the social event sponsored by the licensee: 1. Name of Organization: -M 4 t.,AM P �� T OJ - (,0,V6 J 2. Name of Applicant:__ P-0 VAJ L/M aP 3. Contact Information: (Phone) (email) 4. Type of event: l TL-( t T �I� t V i ilJ 5. Name of the event: �� 7-E- 04C LoAjb LA -(LE 6. Hours of the event: (P 7. Number of guests (approximately): l �J Who will be serving the liquor? I AV61t L4 Q va. PKMJ fvTVAS 9. Will this event be open to the general public? ❑ Yes ANO 10. Is this event by invitation only? ❑ Yes MNo 11. Are tickets sold for admission to the event? ❑ Yes bdNo / 6vT 00a✓A-!r7e^,< JU- f - TA -/-40 L;')- 7'7% 06747e 12. If tickets are sold, for what purpose are net profits used? 190 *- 749 A -f- E- 14700/ TP 65�K-17- cg -0?2�-S 13. If tickets are sold, is liquor included with the price of the ticket? ❑ Yes A. No Page 2 14. Will there be a charge for drinks? ❑ Yes & No 15. Will there be food available? AYes ❑ No Describe the type of food, how it will be served, and the hours food will be available. 16. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. 17. As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person famishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 18. The information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF gpo�j(Title) va— For Office Use Only Review by Administration. ❑ Approved ❑ Denied ❑ NA By Review by Police Department, ❑ Approved ❑ Denied ❑ NA By Comments. Td' Page 3 {-f lJ✓�0'f� Cane; -( �.' � , -J9 , 44"42�s r 16. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor, wine, or 3.2 percent malt liquor or beer and the Orono City Code, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. 17. As the person executing this application for this license, I acknowledge that an investigation will be conducted for use in determining my qualifications. I hereby expressly authorize release of any and all information which any organization, company or person may have, including information of a confidential or privileged nature. I hereby release the City and any organization, company or person famishing information to the City, as expressly authorized above, from any liability for damage which may result from furnishing the information requested. 18. The information requested on this form will be used by the City of Orono in the issuance of your license or processing of your renewal application. The information that you supply on this form will become public information when received by the City of Orono. Under Minnesota law (M.S. 270.72), the City may be required to provide the business tax identification number and social security number of each applicant to the Minnesota Commissioner of Revenue. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF gpo�j(Title) va— For Office Use Only Review by Administration. ❑ Approved ❑ Denied ❑ NA By Review by Police Department, ❑ Approved ❑ Denied ❑ NA By Comments. Td' Page 3 Page 4 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. Per Chapter 30 of the Orono Minnesota City Code, a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant may be conducted to verify the information provided with the application. NAME: &Y ' FLJA " ADDRESS: first house number middle last �4✓R�/N� c�4-LS street city state zip DATE OF BIRTH: PHONE: mon hl day 1 year I understand my rights as stated above. date Page 5 AFFIDAVIT ESTABLISHING THAT NO INSURANCE IS REQUIRED FOR 3.2 PERCENT MALT LIQUOR LICENSEES OR HOLDERS OF ON -SALE WINE LICENSES 3.2 percent malt liquor licensees and holders of on -sale or temporary wine licenses may either show proof of insurance, or in place of insurance, provide an affidavit stating that their on -sale for the previous year is less than $25,000 and that the off -sale for the previous year is less than $50,000. Please complete the following information, check the appropriate license(s), sign and have your signature notarized. As licensee of (trade name of business) I certify that: ❑ My sales of on -sale 3.2 percent malt liquor were less than $25,000 for the preceding year. ❑ My sales of off -sale 3.2 percent malt liquor were less than $25,000 for the preceding year. ❑ My sales of on -sale wine were less than $25,000 for the preceding year. ❑ I hold a temporary wine license issued under the law. Signature of licensee: STATE OF MINNESOTA COUNTY OF HENNEPIN Date: This instrument was acknowledged before me this day of , 20_ by , as (person's name) of (trade name of business) (STAMP) Notary Public (title) Page 6 City of Orono Insurance Requirements Orono Municipal Code Sec. 34-87. Financial responsibility of licensees. (a) Proof. No 3.2 percent malt liquor, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minn. Stat. § 340A.801 by filing a certificate that there is in effect an insurance policy or pool providing minimum coverages of $100,000.00 because of bodily injury to any one person in any one occurrence, $300,000.00 because of bodily injury to two or more persons in any one occurrence, in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, $100,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $300,000.00 for loss of means of support of two or more persons in any one occurrence. An annual aggregate policy limit for dramshop liability of not less than $300,000.00 per policy year may be included in the policy provisions. (b) Insurance not required. Subsection (a) of this section does not apply to licensees who by affidavit establish that they are: (1) On -sale 3.2 percent malt liquor licensees with sales of less than $25,000.00 of 3.2 percent malt liquor for the preceding year; (2) Off -sale 3.2 percent malt liquor licensees with sales of less than $50,000.00 of 3.2 percent malt liquor for the preceding year; (3) Holders of on -sale wine licenses with sales of less than $25,000.00 for wine for the preceding year; or (4) Holders of temporary wine licenses issued under law. (c) Insurance certificate requirements. Whenever an insurance certificate is required by this division, the applicant shall file with the city clerk a certificate of insurance showing that the limits are at least as high as required, that coverage is effective for at least the license term approved, and that such insurance will not be canceled or terminated without 30 days' written notice served upon the city clerk. Cancellation or termination of such coverage shall be grounds for license revocation. (d) Documents submitted to commissioner. All proofs of financial responsibility and exemption affidavits filed with the city under this section shall be submitted by the city to the commissioner. Additional Information Regarding Liquor Liability Insurance Certificates The name on the insurance certificate must match EXACTLY with the LICENSEE NAME given on the renewal or new application. Example: If the renewal form lists ABC Company, Inc, the insurance certificate must also read ABC Company, Inc., not just ABC Company leaving off the Inc. 2. If your renewal form states the LICENSEE NAME as his or her own name, followed by the trade name, the insurance must list BOTH licensee=s names and the trade name. Example: Mark & Jane Anderson, Anderson's Eatery. The insurance certificate must include both of these names and not just Anderson's Eatery, or Mark Anderson without Jane=s name. The date of expiration for the insurance certificate must match the exact dates of the City's license and show coverage for the ENTIRE LICENSE PERIOD. The license period for the City of Orono is January 1 through December 31. The address on the insurance certificate is the same address as the LICENSED PREMISES. No home addresses. Page 7 IMAlcohol — I Minnesota Department of Public Safety and Gambling Enforcement Division 4 4 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 Alcohol & Gambling Enforcement I APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Address City State Zip Code Name of Derson makinu aDDlication Date(s) of event Organization officer's name f-YAK_F_F .. Business phone Home phone Type of organization ❑ Club charitable ❑ Religious ❑ Other non-profit City State Zip Code in.14Dp 6 MN I'/ Organization officer's name City State Zip Code i MN i Organization officer's name City State Zip Code MN Organization officer's name City State Zip Code MN Location where permit will be used. If an outdoor area, describe. e;7-1'��J zW i 5 e�23�__O t/ bv*-1 7A --F,4 t' -L)P, t-dn,'u LAK -IL, 4� 55_35-6 If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. [A/CS6C-1-J0 lW17-cIA-L IAIsLJCA--J(�_� APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Fee Amount Date Fee Paid Date Approved Permit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATIONOSTATE.MN.US AGENDA ITEM Item No.: 7 Date: September 25, 2017 Item Description: Approval of MN Department of Public Safety Grant Presenter: Correy Farniok Agenda Section: Consent Agenda Police Chief Purpose. Driving problems and traffic concerns are among the most common complaints received by the Orono Police Department. The Orono Police Department believes that participation in the Toward Zero Deaths (TZD) Enforcement Program will provide increased traffic enforcement and safety awareness. TZD is a state program funded through grant money obtained by the MN Department of Public Safety. Participation in the program is expected to reduce the number of alcohol related traffic accidents, increase the use of seat belts and decrease distracted driving. Orono Police Department partner with Medina, Minnetrista, Wayzata, West Hennepin Department of Public Safety, Rogers, South Lake and Corcoran Police Departments in implementing the TZD Program from October 2017 through September 2018. This will be our sixth year working with all of these departments. Orono Police Department will be the lead agency for the application and implementation of this grant and will be responsible for collection of invoices and the distribution/ reimbursement of funds to the other departments involved with this grant. Staff Recommendation. 1).Motion to Approve City of Orono's participation in the Safe and Sober Program. 2). Resolution to enter grant agreement with Minnesota Department of Public Safety Exhibits Exhibit A. Grant Agreement Exhibit B. Resolution Prepared By: Correy Farniok Reviewed By: -1 Approved By: 2 Grant Agreement Page 1 of 2 Minnesota Department of Public Safety ("State") Grant Program: Office of Traffic Safety 2018 Toward Zero Deaths (TZD) Enforcement 445 Minnesota Street, Suite 150 Project No.: 18-04-04, 18-03-05, 18-02-05 St. Paul, Minnesota 55101-5150 Grant Agreement No.: A-ENFRC 18-2018-ORONOPD-058 Grantee: Grant Agreement Term: City of Orono Effective Date: 10/01/2017 Post Office Box 66 Expiration Date: 09/30/2018 Crystal Bay, Minnesota 55323 Grantee's Authorized Representative: Grant Agreement Amount: Susan Schultz Original Agreement $153,175.00 2730 Kelley Parkway Matching Requirement $0.00 Orono, Minnesota 55356-0000 (952) 249-4700 sschultz@ci.orono.nin.us State's Authorized Representative: Federal Funding: CFDA 20.600, 20.608, 20.616 Shannon Swanson Grabow FAIN: 18X9205464MN17, 18X9204020MN17, 445 Minnesota Street, Suite 150 18X920405BMN17, 18X920405EMN17 St. Paul, Minnesota 55101-5150 State Funding: None Phone: (651) 201-7063 Special Conditions: None Email: shannon.swanson@state.mn.us Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 1613.98, subd. 7, whichever is later. Once this grant agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved 2018 Toward Zero Deaths (TZD) Enforcement Application ("Application") which is incorporated by reference into this grant agreement and on file with the State at Office of Traffic Safety, 445 Minnesota Street, Suite 150, St. Paul, Minnesota 55101-5150. The Grantee shall also comply with all requirements referenced in the 2018 Toward Zero Deaths (TZD) Enforcement Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https:HUp.dps.mn.gov/EGrants), which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized DPS Grant Agreement non -state (OTS 06/16) 0 Grant Agreement Page 2 of 2 Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C05. Signed: Date: Grant Agreement No. A-ENFRC 18-2018-ORONOPD-058 PO No. 3-49760 2. GRANTEE The Grantee certifies that the appropriate persons) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: DPS Grant Agreement non -state (OTS 06/16) 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative Organization: Orono Police Department 2018 TZD Enforcement Budget Summary EXHIBIT A A -EN FRC18-2018-ORONOPD-058 Budget Budget Category State Reimbursement Local Match Administration - DWI Administration -DWI $2,600.00 $0.00 Total $2,600.00 $0.00 Administration - Other Administration -Other $1,100.00 $0.00 Total $1,100.00 $0.00 Dispatch - DWI Dispatch -DWI $4,000.00 $0.00 Total $4,000.00 $0.00 Dispatch - Other Dispatch -Other $1,850.00 $0.00 Total $1,850.00 $0.00 Enforcement — Distracted Enforcement - Distracted $6,400.00 $0.00 Total $6,400.00 $0.00 Enforcement — DWI Enforcement - DWI $95,000.00 $0.00 Total $95,000.00 $0.00 Enforcement — Seat Belt Enforcement - Seat Belt $27,000.00 $0.00 Total $27,000.00 $0.00 Enforcement — Speed Enforcement - Speed $13,800.00 $0.00 Total $13,800.00 $0.00 Operating Expenses Operating Expenses $0.00 $0.00 Total $0.00 $0.00 TZD Conference TZD Conference $300.00 $0.00 Total $300.00 $0.00 Enforcement — Move Over 08/30/2017 Page 1 of 2 Organization: Orono Police Department 2018 TZD Enforcement Budget Summary Enforcement - Move Over $1,125.00 $0.00 Total $1,125.00 $0.00 Total $153,175.00 $0.00 EXHIBIT A A -EN FRC18-2018-ORONOPD-058 08/30/2017 Page 2 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that ORONO POLICE DEPARTMENT enters into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled 2018 Toward Zero Deaths (TZD) Enforcement During the period from October 1, 2017 through September 30, 2018 Chief Correy Farniok is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of ORONO POLICE DEPARTMENT. Be it further resolved that Chief Correy Farniok is hereby authorized to be the fiscal agent and administer this grant on behalf of Orono Police Department. I certify that the above resolution was adopted by the City Council of Orono, Minnesota on September 25, 2017. SIGNED: (Signature) Chief of Police WITNESSETH: (Signature) Mayor (Title) (Title) (Date) (Date) AGENDA ITEM Item No.: 8 Date: September 25, 2017 Item Description: Disposal of Bicycles Presenter: Correy Farniok Agenda Section: Consent Agenda Police Chief Purpose. The Orono Police Department has 8 bicycles that have been turned in to the department. The bikes were found or abandoned within the city. The following bicycles have not been claimed. All of the bicycles and have been in the department's possession for more than 60 days. The police department considers the bicycles as abandoned property and would like to dispose of them by donating them to Mound True Value. Mound True Value will repair the bicycles and give them to WeCan (Western Communities Action Network, Inc.). WeCan will give the bicycles to children and young adults in the community that are in need of a bicycle. The bicycles that cannot be fixed/used will be destroyed by Orono Public Works. 16-003138 Small childs bike 17-002360 Razor powered bike 17-006042 Murry Mtn bike 17-007652 Elite Mtn bike 17-004505 Payiff Mtn bike 17-007394 Genesis Mtn bike 17-004506 Huffy childs bike 17-002359 Giant Mtn bike Staff Recommendation. Recommend a motion to approve the disposal of the bicycles to Mound True Value and WeCan. Prepared By: Correy Farniok Reviewed By: -'b Approved By: 2V AGENDA ITEM Item No.: 9 Date: September 25, 2017 Item Description: Cygnet Place Culvert Replacement Presenter: DJ Goman Agenda Consent Agenda Stormwater Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the replacement of the Cygnet Place culvert. 2. Background. The culvert at Cygnet Place is rusted through at the bottom and needs to be replaced before it collapses. 3. Project Scope. Replacement of the 15" Culvert at Cygnet Place. 4. Cost. The City received quotes for the culvert work, listed below. Contractor Quote Park Construction $ 33,378.50 Widmer Construction $ 42,308.00 Minger Construction $ 48,555.10 5. Funding. This project will be funded through the Storm Water Enterprise Fund. The Capital Improvement Plan (CIP) budgeted $76,500 for general storm sewer improvement projects in 2017. The EOY 17 Fund balance is projected to be $1,453,394. 6. Staff Recommendation. I recommend that council accept the quote and authorize the needed stormwater system work. COUNCIL ACTION REQUESTED Motion to accept quote for $ 33,378.50 from Park Construction to replace the culvert at Cygnet Pl. Exhibits Exhibit A. Project Location Map Prepared By: DJ Goman Reviewed By: -1)X Approved By: 2 Exhibit A. Project Location Map k, AGENDA ITEM Item No.: 10 Date: September 25, 2017 Item Description: Kelley Avenue Culvert Replacement Presenter: DJ Goman Agenda Consent Agenda Stormwater Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the replacement of two Kelley Avenue culverts. 2. Background. Residents of Kelly Avenue reported excessive flooding in the street during larger rainfall events and are further concerned about the impact of future development on the storm system in the area. In 2014 Bolton & Menk, Inc was contracted to conduct a drainage analysis and provide recommendations. The Study recommended a series of three improvements. In 2016 improvement #1 the upsizing of the outlet into Carman Bay was completed. The remaining culvert replacements are recommended for completion this year. 3. Project Scope. Replacement of a 12" culvert with two 15" culverts under Kelly Ave and replacement of 8" drain tile along Kelly Ave. 4. Cost. The City received quotes for the culvert work, listed below. Contractor Quote Widmer Construction $ 62,908.00 Park Construction $ 72,360.25 Minger Construction $ 101,014.25 5. Funding. This project will be funded through the Storm Water Enterprise Fund. The Capital Improvement Plan (CIP) budgeted $75,000 for Kelley Avenue Improvements. The EOY 17 Fund balance is projected to be $1,453,394. 6. Staff Recommendation. I recommend that council accept the quotes and authorize the needed stormwater system work. COUNCIL ACTION REQUESTED Motion to accept quotes for $ 62,908.00 form Widmer Construction to replace culverts on Kelly Ave. Exhibits Exhibit A. Project Location Map References A. Kelly Avenue Drainage Study, 2014 Prepared By: DJ. Goman Reviewed By: -1)X Approved By: 2 Exhibit A. Project location Map AGENDA ITEM Item No.: 11 Date: September 28, 2017 Item Description: Willow Drive South Culvert Replacement Presenter: DJ Goman Agenda Consent Agenda Stormwater Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the replacement of a damaged culvert on Willow Drive S. 2. Background. The Culvert on Willow Drive S just south of Fox Street is partially collapsed and needs to be replaced. 3. Project Scope. Replacement of the Culvert on Willow Dr S. 4. Cost. The City received quotes for the culvert work, listed below. Contractor Quote Park Construction $ 23,948.00 Widmer Construction $ 24,711.00 Minger Construction $ 38,408.50 5. Funding. This project will be funded through the Storm Water Enterprise Fund. The Capital Improvement Plan (CIP) budgeted $76,500 for General Storm sewer improvement projects for 2017. The EOY 17 Fund balance is projected to be $1,453,394. 6. Staff Recommendation. I recommend that council accept the quote and authorize the needed stormwater system work. COUNCIL ACTION REQUESTED Motion to accept quote for $ 23,948.00 form Park Construction to replace culverts at Willow Dr S, Exhibits Exhibit A. Project Location Map Prepared By: DJ Goman Reviewed By: -'b Approved By: 2V Exhibit A. w i f C vv DR S M AGENDA ITEM Item No.: 12 Date: September 25, 2017 Item Description: #17-3963, JHG Properties Inc., 4035 Dahl Road, Preliminary PlatNariances/Conservation Design Waiver — Denial Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: Purpose. To adopt the draft denial resolution. 2. MN§15.99 Application Deadline. The application was received on July 19; and was considered as complete on July 31, 2017. Therefore, the 60 -Day review period expires on September 29, 2017. 3. Background. The City Council reviewed and denied this request at the September 11' meeting. Staff was directed to draft a resolution with findings for denial. The draft resolution is attached. 4. Public Comment. No additional comments from the public have been received. 5. Staff Recommendation. Staff recommends adoption of the draft resolution. COUNCIL ACTION REQUESTED Council should adopt or amend the draft denial resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Draft Council Minutes Exhibit C. Council Staff Report 09/11/17 References Council Exhibits 09/11/17 Exhibit A. Proposed Plans Exhibit B. Applicant Letter dated 09/05/17 Exhibit C. Conservation Design Master Plan — Request for Waiver Exhibit D. Draft PC Minutes Exhibit E. PC Staff Report PC Exhibits 08/21/17 Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Preliminary Plat Drawing Exhibit D. Proposed Landscape Plan Exhibit E. CMP Map 313-6 Exhibit F. Request for Waiver Exhibit G. Aerial Photos Exhibit H. Subdivision Fees (2017) Exhibit I. Wetland Delineation & NOA Exhibit J. Owners List & Plat Map Prepared By: VY1GG Reviewed By: J. Barnhart Approved By: -bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING PRELIMINARY PLAT INCLDUING A VARIANCE FROM CITY CODE SECTION 78-330 AT 4035 DAHL ROAD FILE NO. 17-3963 WHEREAS, JHG Properties LLC, a Minnesota Limited Liability Company, (hereinafter the "Applicant") is the owner of 4035 Dahl Road within the City of Orono (hereinafter the "City"), identified as Hennepin County PID 07-117-23-14-0003, and legally described as: That part of Section 7, Township 117, Range 23, described as follows: Commencing on the North line of the Southeast Quarter of the Northeast Quarter of said Section at a point distant 275 feet West from the Northeast corner thereof; thence South 150 feet; thence West parallel with the North line of said Section to the center line of the road; thence Northwesterly along the center line of said road to the North line of the Southeast Quarter of the Northeast Quarter; thence East to the beginning, Hennepin County, Minnesota, (hereinafter the "Property"); and WHEREAS, the Applicant has applied to the City of Orono for approval of a variance from City Code Section 78-330 in order to permit a subdivision of the 1.8 acre property within the LR -11B, One Family Lakeshore Residential Zone requiring a minimum of 1.0 acre and 140 feet of width (hereinafter the "Proposed Development") and WHEREAS, the Planning Commission held a public hearing on August 16, 2017 and reviewed the application at this same meeting and WHEREAS, on September 11, 2017, the City Council reviewed the Proposed Development and the recommendations of the Planning Commission and City staff; and WHEREAS, on September 11, 2017, the City Council directed preparation of findings for denial of the variance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the Proposed Development as described above based on one or more of the following findings of fact concerning the Property: FINDINGS This application was reviewed as Zoning File 17-3963. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 Property is zoned LR -1 B One Family Lakeshore Residential. The Property is approximately 1.83 acres in area of which approximately 0.01 acres is wetland. 4. The LR -1 B zoning district requires a minimum of 1.0 acres in area and 140 feet in width. 5. In considering this application for the Proposed Development, the Council has considered the advice and recommendation of the Planning Commission and the effect of the Proposed Development 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: The Applicant purchased the Property because a substandard house was located on the Property and he considered it a blight to the neighborhood. Further, the Applicant wanted to make sure that any home built on the Property was consistent with the surrounding homes and wanted to ensure that a trailer home wasn't located on the Property, even though the City Code would allow the placement of a trailer home. The Applicant stated that he paid a premium for the Property and that it is not feasible to build a single home (valued at over $1,000,000) on the lot and recoup his investment. The Applicant stated that the market would support subdividing the lot so that he could build two homes valued at approximately $800,000. 2. "The variance is in harmony with the general intent and purpose of the Ordinance." The intent for the acreage minimums set forth in the ordinance for each district is to maintain and control density to the desired levels. This Proposed Development proposes creation of a property which is nonconforming with respect to area and is not in harmony with the ordinance. This criterion is not met. 3. "The variance is consistent with the comprehensive plan." The primary goal within the Comprehensive Plan has been, and continues to be, the preservation of the lake and natural environment. The Comprehensive Plan finds that high density in the Shoreland serves to harm the lake water quality because of increased impervious surfaces, runoff, and a loss of natural vegetative buffer areas. The minimum lot sizes are intended to address overcrowding of the lake and the designated Shoreland area, thus preservation of the lake quality. The Proposed Development resulting in the addition of a second lot is inconsistent with the density CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. objectives and preservation goals of the Comprehensive Plan. This criterion is not met. 4. "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 proposes to use the property in a reasonable manner not permitted by the official controls; The official controls require a minimum acreage and width for each newly created building lot. The Proposed Development does not meet the minimum standards for acreage. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The size of the Property was not created by the landowner however it is not unique. There are many properties which exceed the minimum acreage requirement, yet are not able to subdivide because they do not have twice the minimum lot size. The 1 acre lot size is a minimum standard and is not meant to guarantee a property owner that they will be allowed to subdivide their property simply because they have more than 1 acre in land. The purchase price of the Property was determined by landowner and is not unique. This criterion is not met, and c. The variance will not alter the essential character of the locality. The Proposed Development will be used as a residential lot. 5. "Economic considerations alone do not constitute practical difficulties. Economic considerations have been identified as the most relevant factor in the variance request by the Applicant." In the Applicant's practical difficulties statement, they indicate that the Property was purchased "at a premium at public auction" and identified this as "a factor" in their practical difficulty determination. The purchase price of the Property is not a valid practical difficulty. The Applicant has stated that the Proposed Development is more economically viable if he is allowed to build two homes valued at under $1,000,000 rather than a single home valued at more than $1,000,000. The purchase price of the Property and the marketability of the land is the primary reason for the variance request. This criterion is not met. 6. "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. 7. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a residential use is an allowed use in the LR -1 B District. 8. "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. 9. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property contains more land than the minimum LR -1 B acreage requirement and is able to utilize the existing land as a single family residential development without variances. This criterion is not met. 10. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property contains more land than the minimum LR - 1 B acreage requirement and six of the surrounding properties contain more than one acre and less than two acres. This is not unique in the district nor is it a practical difficulty. The Applicant has pointed out that there are several lots in the proximity of the Property which are less than one acre. However, The Applicant did not demonstrate, or introduce into the record, any evidence that those lots were created under the current zoning ordinance. This criterion is not met. 11. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting a variance from the minimum lot area requirement of the LR -1 B district to create the Proposed Development is contrary to the goals of the ordinance and is not necessary to protect the property rights of the owner. The Property can be developed with a single family residence. This criterion is not met. 12. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variance to create the Proposed Development resulting in a substandard building site in the neighborhood impairs the comfort of the immediate neighborhood and is contrary to the chapter. This criterion is not met. 13. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The variance serves solely as a convenience to the Applicant by allowing them to subdivide a lot into lots that do not meet the minimum requirements of the Code. This criterion is not met. 14. All of the platted properties less than 1.0 acre in size within the 350 foot notification buffer were platted prior to 1965; prior to the LR -1 B designation. 15. The City Council finds that the Applicant's request would not be in keeping with the 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 variance and subdivision for the Proposed Development. ATTEST: Adopted by the Orono City Council on the 25th day of September, 2017. CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 1%* 5 U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT — CHAD OLSON, REPRESENTATIVE 15. #17-3963 JHG PROPERTIES, LLC, 4035 DAHL ROAD, PRELIMINARY PLAT, VARIANCES, CONSERVATION DESIGN WAIVER Curtis reviewed her Staff report dated September 11, 2017, regarding a variance from minimum lot area standards and preliminary plat for a subdivision. The property consists of 1.8 acres in a one -acre zone. Once the right-of-way dedication and wetland areas are removed, this development would create one conforming 1.0 acre lot and one 0.67 acre lot. The applicant is also requesting waiver from the City's Conservation Design Plan. The Planning Commission voted 7-0 to deny the variance. Staff also recommends denial of the variance. James H. Gilbert, JHG Properties, stated he has resided in Orono for over 35 years and has tried to be a proactive individual in improving his neighborhood. Gilbert stated the property at issue has been an eyesore for 17 years and has caused continual issues with law enforcement and maintenance issues for the City. Gilbert indicated when this property became available for sale, he decided to purchase it to hopefully make improvements to the site. Gilbert noted the City allowed a trailer home three blocks down, which is what he could do on this lot without City approval, but that he would prefer to subdivide it and build a couple of nice homes. Gilbert indicated he probably paid more for the property than it is worth and a couple of high-quality builders looked at the property and recommended the existing house be torn down. Gilbert stated in order to be even with the money he paid for the property, the sale value would have to be around $1.2 million. Gilbert noted the money he paid for this lot exceeds the value of the other nonlakeshore properties in the area. Gilbert noted there are three statutory requirements for granting a variance, with economic considerations being a proper element for determining practical difficulties under the statute and under the law. Staff has basically said it makes no difference and that he paid too much for the property. Gilbert stated that interpretation is wrong and that economics can be considered but it cannot be the sole determining factor. Gilbert stated economics is a very important consideration in this case. Aesthetics can also be taken into consideration. Gilbert noted the City Council considered an application on Wildhurst where variances to setbacks were required. Gilbert stated the majority of the decision appeared to be economic related and that he has the same economic concerns with this property. Gilbert stated in his view the City cannot treat requests for density variances different than setback variances. The statute does not make a distinction on that. In looking at Orono's history, Orono seems to be very proud at never granting a variance to density. Gilbert stated to his recollection 1985 is the last time density variances have been granted. Gilbert stated in this situation, where a City's primary focus is on the detrimental effects of granting a variance to allow new construction where it never happened before and has a strict policy to deny a variance request is improper. Gilbert noted one of the Council members in the Court of Appeals case stated dealing with this in a similar situation for years to come is one of their major concerns. Gilbert stated the Orono Planning Commission also expressed the same concern. Gilbert indicated he has represented other parties in other cities and was stunned at the complexity of the Orono Code. Gilbert noted this is not a major subdivision and that he is just asking for a simple lot split. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. The Court of Appeals has said that they conclude that the Board's decision was arbitrary and unreasonable because the decision expressed the Board's will and not its judgment. Gilbert stated he senses the will of Orono is not to allow density variances and that he thinks his application for a density variance has to be given the same consideration as a setback variance, which is not what is happening here. Gilbert stated in the Wildhurst case, there were two findings that should be found in this case and the City Council would be capricious in not applying those findings to this request. The resolution in the Wildhurst application states in Paragraphs 4 and 10 that the granting was necessary for the preservation and enjoyment of a substantial property right of applicant. This is necessary so the full potential and use could be realized. Gilbert indicated he has the same economic considerations that applied to the Wildhurst case. Gilbert stated another error in Staff's report is that the granting of the variance will alter the essential character of the neighborhood. As a matter of law, an area variance does not alter the essential character of the locality. Gilbert stated two of the three principles under the state statute have been met and that in his view the principles applied in the Wildhurst decision are the same principles that should be applied to his application. The third element for consideration is use of the property in a reasonable manner not permitted by the zoning. Staff has basically stated you cannot have a variance because you need a variance. In the Wildhurst case, the findings said that the application was generally consistent and in harmony with the ordinance. Gilbert indicated he has looked at the 18 homes in the area and nine of those homes are less than one acre. Gilbert stated in his view his proposal is in harmony with the neighborhood and single- family residential use is consistent with the Comprehensive Plan and is similar to the findings used in the Wildhurst case. Finally, the plight of the landowner is unique to the property and not created by the landowner. Gilbert stated Staff basically told him he paid a high price for the property. Gilbert indicated he purchased the property over the Internet and bought it as is because he thought it was important to preserve his neighborhood and add value to the neighborhood and the City. Gilbert stated this property is unique since it is high on a hill with a wetland on the west side. It is a long, rectangular lot. Gilbert stated if he is limited to one lot, the only place to construct a house is on the hill and the front yard would basically be like a football field. Gilbert requested the City Council apply the same variance principles that were used on the setback requirements in the Wildhurst case in his density request. The Court of Appeals has said the decision should be made on the evidence as presented. Gilbert stated when the City Council looks at the judgment of the facts, he has met all the statutory requirements and his request is almost identical to what was done on Wildhurst. Gilbert noted he is also asking for a waiver to the conservation design since they will be leaving all the trees there. Gilbert indicated he would like the border of trees to stay there for privacy. Dankey asked if he originally planned to construct one house on the property when he purchased it, especially since he has resided in Orono for 35 -plus years and is familiar with some of the City's rules and regulations. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. Gilbert stated his main concern was that another trailer home would be put on this property and that he wanted to preserve his neighborhood. Gilbert stated he is attempting to make the best use of the property they can. Due to the price of the property and the cost to construct a house, it would be well above the valuation of other nonlakeshore properties in the area. Seals asked if he has approached any other neighbors that have properties over one acre to see if they would be willing to make him whole. Gilbert stated he has not and that in his experience it is complicated to deal with mortgage companies and is not practical. Seals noted a property on Heritage Lane was successful with acquiring additional land to help in their situation, which is something he should think about. Gilbert stated he has and that it would result in a number of delays. Gilbert stated he is not sure what to do with the property if it is not approved but that he will not put a trailer home on it. Gilbert indicated he might put it on the market again and be done with it. Dankey asked if there are any other million dollar houses in the area that are not on the lake. Gilbert indicated there is not and that a lot of them are valued between $250,000 and $350,000. Gilbert stated there was one property that was assessed at $600,000. There were no public comments related to this application. Printup stated the lot as it is currently is buildable and that it is not necessary to grant a variance. Walsh noted the City did not create new lots on Wildhurst but that there were some setback issues. Walsh stated in his view these two cases are not mutually inclusive and that he does not equate density variances with setback variances. Walsh stated the character of neighborhoods is a big issue in Orono and that the people who have lived here have lived here for a long time. Walsh questioned where it would end if the City allowed someone to create a nonconforming lot. Walsh stated it is not a practical difficulty to own a 1.8 acre lot in a one -acre zone and that the City has always said economics is not a deciding factor. Printup noted the standard in the Comprehensive Plan is one -acre and this would be inconsistent. Walsh commented the applicant knew what he was buying. Dankey noted there are two smaller lots that were created a long time ago near this property but that the applicant knew what he was getting into when he purchased the property. Seals stated the zoning districts were created for a reason and a variance to density is not something the Council is in favor of. Walsh noted the City Council has discussed other variances to density in the past and have denied those requests. Dankey commented the football field could be a selling point since a huge lot would be pretty desirable. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11, 207 7:00 o'clock p.m. Seals moved, Printup seconded, to direct Staff to prepare a denial resolution for Application No. 17-3963, JHG Properties, Inc., 4035 Dahl Road. VOTE: Ayes 4, Nays 0. AGENDA ITEM Item No.: Date: 11 September 2017 Item Description: #17-3963, JHG Properties Inc., 4035 Dahl Road, Preliminary Plat/Variances/Conservation Design Waiver Presenter: Melanie Curtis Agenda Planning Department Planner Section: Report 1. Purpose. This application is regarding a variance and a preliminary plat for a subdivision resulting in one nonconforming lot. 2. MN§15.99 Application Deadline. The application was received on July 19; and was considered as complete on July 31, 2017. Therefore, the 60 -Day review period expires on September 29, 2017. Background. The subject property is a 1.83 acre lot within the LR -113 zoning district. The application is requesting a variance from the minimum lot area standards in order to create an additional buildable lot. The LR -1B one family lakeshore residential zoning district requires one contiguous dry/upland acre for each buildable lot created. Once the right-of-way dedication and wetland areas are removed, this development would create one conforming 1.0 acre lot, and one 0.67 acre lot. The applicant also requests the City Council consider waiving the requirement for a Conservation Design Master Plan, see Exhibit C. The staff report to the Planning Commission, attached as Exhibit E, provides additional background information. 4. Planning Commission Comment. On August 21, the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Commission voted 7 to 0 in favor of a motion to deny the variance. Public Comment. No additional comments from the public were received regarding this application. 6. Staff Recommendation. Staff recommends denial of the variance. COUNCIL ACTION REQUESTED Direct staff to prepare a resolution either approving the variance request or denying it. Direction to deny should include reasons. Exhibits Exhibit A. Proposed Plans Exhibit B. Applicant Letter dated 09/05/17 Exhibit C. Conservation Design Master Plan — Request for Waiver Exhibit D. Draft PC Minutes Exhibit E. PC Staff Report Prepared By: MOO Reviewed By: J. Barnhart Approved By: AGENDA ITEM References PC Exhibits 08/21/17 Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Preliminary Plat Drawing Exhibit D. Proposed Landscape Plan Exhibit E. CMP Map 3B-6 Exhibit F. Request for Waiver Exhibit G. Aerial Photos Exhibit H. Subdivision Fees (2017) Exhibit I. Wetland Delineation & NOA Exhibit J. Owners List & Plat Map Prepared By: MOO Reviewed By: J. Barnhart Approved By: AGENDA ITEM Item No.: 13 Date: September 25, 2017 Item Description: #17-3973, Matthew Hemsley, 649 Ferndale Road W, Detachment — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding detachment of a property from the City of Orono and annexation of the same to the City of Wayzata. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on September 11`x'. The 60 -Day review period expires on November 10, 2017. 3. Background. The property at 649 Ferndale Road West, is proposed to be redeveloped with a new single family residence. This property is unique in that it is comprised of 4 separate lots; two lots located within the Wayzata city boundary, and two lots within the city boundary of Orono. Also, there is an undeveloped City of Wayzata right-of-way abutting this property which also serves as the property's access to Ferndale Road West. The property is connected to Wayzata's sewer. In order to build a new residence on the property (in general the location of the existing home) the two Orono PIDs would need to be combined, at a minimum, to avoid the complication of the lot line cutting through the proposed home. This configuration unnecessarily adds complexity to the use and governance of the land; the property owner began exploring additional solutions, including combining all 4 PIDs to be located in one municipality. Because their access and the sanitary sewer are within Wayzata, it was determined that detachment to that city would be the most logical option for resolution. To combine all 4 PIDs into one parcel, there would need to be a simultaneous detachment/attachment action taken by the Councils of both cities; this can be accomplished via an agreement or resolution. 4. Public Comment. No comments from the public have been received regarding this application. 5. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the detachment and annexation resolution as attached. Exhibits Exhibit A. Draft Resolution Exhibit B. Letters of Request from Matthew Hemsley Exhibit C. Survey Exhibit D. Aerial Photos Prepared By: 1'Y1GG Reviewed By: JBamhart Approved By: -bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL CITY OF ORONO HENNEPIN COUNTY, MINNESOTA RESOLUTION CONCERNING THE CONCURRENT DETACHMENT AND ANNEXATION OF LAND WHEREAS, Minn. Stat. § 414.061 authorizes the concurrent detachment and annexation of land; and WHEREAS, the City of Orono and the City of Wayzata have agreed to the concurrent detachment and annexation of two parcels of property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. The land described on the attached Exhibit "A" shall be detached from Orono and annexed to Wayzata. 2. This Resolution is contingent upon the City of Wayzata adopting a similar resolution approving the aforementioned detachment and annexation and is further contingent upon the approval of the chief administrative law judge of the State Office of Administrative Hearings, Municipal Boundary Adjustment Unit. 3. The City Clerk is directed to forward a copy of this Resolution to the City of Wayzata. Upon receipt of a similar resolution from the City of Wayzata, the City Clerk is further directed to forward a copy of this Resolution to the chief administrative law judge of the State Office of Administrative Hearings, Municipal Boundary Adjustment Unit. ADOPTED this 25th day of September, 2017 on a vote of _ ayes and _ nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk 1 Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Exhibit A Hennepin County Tax Parcel 02-117-23-44-0003 That part of Lot 102 lying Northerly of a line drawn from the Northwest corner of said Lot to a point on the East line of said lot distant 350 feet South of the Northeast corner of said lot in Auditor's Subdivision No. 184, Hennepin County, Minnesota. Hennepin County Tax Parcel 01-117-23-33-0015 All of Lot 95, Auditor's Subdivision No. 184, Hennepin County, Minnesota, except that part or parcel of said Lot 95 described as follows: Beginning at a point on the Easterly line of said Lot 95, distance 83.5 feet Northerly of the Southeast corner of said Lot 95; thence West parallel with the South line of said Lot 95, a distance of 93.5 feet; thence North parallel with the West line of said Lot 95 a distance of 150 feet; thence East parallel with the South line of said Lot 95 a distance of 40 feet to the Easterly line thereof, thence Southeasterly along said Easterly line to the point of beginning. PiperJaffray. September 11, 2017 goo Nicollet Mall, Minneapolis, MN 55402 Tel: 612-3o3.6= I TeL 800-333.6c I Fax 612-303-1o36 Piper Jaffray& Co. Since 1895. Member SIPC and NYSE City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Attn: Dermis Walsh, Mayor Dustin Rief, City Administrator Jeremy Barnhart, Community Development Director Melanie Curtis, Planner Ladies and Gentlemen, I am writing today to ask that the Orono City Council review and approve my request to have the two parcels located at 649 Ferndale Road West (02-117-23-44-003 and 01-117- 23-33-015) detached from Orono at the upcoming September 256' meeting. These parcels will subsequently be annexed by Wayzata. I understand and agree to an application fee of $4,498.15, which covers both the application and associated legal fees incurred by Orono. I'd like to thank Mayor Walsh and Orono city staff for working with me and my representatives in such a courteous, professional and constructive manner. Kind regards, Matt Hemsley ` ` Direct: 612 303-6932 1 M61 rile: 763-607-4877 matthew.s.hemsley@pjc.com Cc. Charles G. Carpenter III Fabyanske, Westra, Hart & Thomson, P.A. Direct: 612.359.7638 1 Firm: 612.359.76001 Fax: 612.359.7602 ccarpenter@fwhtlaw.com Matthew S. Hemsley 4620 Moorland Avenue Edina, MN 55424 July 21, 2017 City of Orono 2750 Kelley Parkway Orono, MN 55356 Attn: Dennis Walsh, Mayor Doug Reeder, Interim City Administrator Jeremy Barnhart, Community Development Director Melanie Curtis, Planning Assistant City of Wayzata 600 Rice Street East Wayzata, MN 55391 Attn: Ken Willcox, Mayor Jeffrey Dahl, City Manager Jeff Thomson, Director of Planning and Building Re: 649 Ferndale Road West Property Detachment from Orono/Annexation by Wayzata Ladies and Gentlemen: My wife, Maria, and I own residential property on the north side of Ferndale road at the boundary between Orono and Wayzata. The address is 649 Ferndale Road West. The property is comprised of four tax parcels—two in Orono (02-117-23-44-0003 and 01-117-23-33- 0015) and two in Wayzata (01-117-23-33-0016 and 01-117-23-33-0014). A map showing the four is enclosed. I am planning to do substantial work at the home and would ideally prefer to work with only one set of city regulations, permits, etc. Accordingly, and before I begin the permitting for that work, I am seeking to have the two Orono parcels detached from Orono and annexed by Wayzata. As some of you are aware, I and/or my representatives have discussed this with Mayor Walsh and Orono city staff as well as with Mr. Thomson at Wayzata. My attorney, Charlie Carpenter (of the Minneapolis law firm of Fabyanske, Westra, Hart & Thomson), has also been in contact with your city attorneys, Soren Mattick and David Schelzel. Per those various communications, I understand there is support for my proposal. I also understand that in order to formally begin the process in each of your cities, I need to submit a written request. Please accept this letter as my request for the detachment and annexation described above. Matthew S. Hemsley 4620 Moorland Avenue Edina, MN 55424 Please do not hesitate to contact me if you have questions, though my hope is that Charlie Carpenter will coordinate much of this with you on my behalf. Given that, I expect that he will be following up with each of Jeff Thomson and Melanie Curtis to take the appropriate next steps, as you deem necessary. Thanks for the support and cooperation provided to date. I look forward to working with you all toward the successful completion of this project. Sincerely, Matthew S. Hemsley D 612 303-6932 1 M 612 978-2727 E mafthew.s.hemsley@pjc.com cc: Charlie Carpenter Matthew S. Hemsley 4620 Moorland Avenue Edina, MN 55424 11 Hennepin County Property Map t oZ-- 14-1-13-44-00O3 :� �Cicort •� • ©I- tf7- 23- 3i- ootb r 0I-IIZr23_35- 0IS • i s • )I�MIh��7n1f• f��MIN 1■ ol- 117-z3-'�3-0014 .. Ur-ndafewftaw M i I 1 inch = 200 feet < EXISTING HARDCOVER BUILDING AREAS < MAIN = 3,950 3 AUXILIARY = 823 l nT �i L GARAGE = 401 T -10 o PORCH = 77 TOTAL BUILDING AREA = 4,027 SQ. FT. N89°55'47"W 334.10 BITUMINOUS AREAS LOT 102 AND 95 = 4,925 --NORTHWEST CORNER OF LOT 102 NORTHEAST CORNER OF LOT 102- ; LOT 95 EXCEPTION = 8 , 2 SCP° TOTAL BITUMINOUS AREA = 4,933 SQ. FT. CONCRETE AREAS n STEPS, SLABS, WALKS LOTS 102 AND 95 = 366 SQ. FT. ✓ __- 930 --- / I TOTAL HARDCOVER AREAS = 9,326 SQ. FT. OR 7.4 PERCENT 6 wooD PosT = NOTE: / - / HARDCOVER AREAS DO NOT INCLUDE BRICK PAVERS OR DECK ON AUXILIARY ° / 9� _ - BUILDING. NO HARDCOVER SURFACES IN NORTH BEACH ROAD RIGHT-OF-WAY ARE O (�� ��/\ - g32_ O WOOD POST/� - � � INCLUDED IN SAID TOTALS. WALL \ PRELIMINARY WETLAND LOCATION - / `\ G J x 932.9 P --------- EDGE OF LOWLANDS --�'�-�� x932.8 932.8 i a. \ x i APPROXIMATE LIMITS OF � NV.1.9 CONCRETE SLAB I --FLOOD ZONE A AS SCALED j - 930 �\ \ y N ^r BASK TBALL T -POST . `� � ��I � `- , � PER FEMA MAPS ��-- I -� -- v HOOP X933.1 � \ WALL���`VA��----- i, _mss y v �j/ \ y J�034 ID Gv V - x933.5 v APPROXIMAT�LIMITS'O�K�� ����� Q �Q w vv FLOOD ZONE A AS SCALED ��� ��_ Fp�`95t� \� rn PER FEMA MAPS �% ,945 ING IQ 945.7��_C334- FLOOD 934 1 c� � WALL_- o (FIRE PIT SCAP �o 0 0 LEGEND Ed AIR CONDITIONER CULVERT �D CLEAN OUT ® CATCH BASIN 0 COMMUNICATION JUNCTION BOX F-1EMELECTRIC METER 1W' FLAG POLE 0 GAS VALVE GO GAS METER o GUARD POST HYDRANT Z POWER POLE ® ROOF DRAIN 8 SANITARY MANHOLE • FOUND IRON MONUMENT O SET IRON MONUMENT ® WATER VALVE 184, Hennepin County described as CONIFEROUS TREE line of DECIDUOUS TREE Lot 95, distance 83.5 feet Northerly of POWER POLE ANCHOR X X FENCE GAS GAS MAIN line of said Lot 95 a distance of 150 OVERHEAD WIRES > SANITARY SEWER 95 a distance of 40 feet to the Easterly WATER MAIN Easterly CITY LIMITS 14636 S-2 CJ T v rn -LAND` W' Jam' IXS x948.4 0;q GARAGEONW 019 ELEV.=946.4 �� ���� -x946.3 � v �(�� v TTco u1 ITPOST 0 TP \� _ \-7k ��J)) �V PLAYGR EN� l F F O R 6 /' xs \ EQUIPM/.! O �� M o i F�10 66 '- �v vw�I LO s (40 DESC.)T,�PRELIMINARY WETLAND LOCATION x 948.5 x 948.7 ; 38.00 C❑ t9� m 4 - 94� / � ���� 9¢ � �� � \ �, •LANDSCAPING ���� � i � � � ��'` v �_ ACCESS EASEMENT PER ����\\�� _V�DOC. NO. T166162 PRELIMINARY WETLAND LOCATION- \ \�\\�� \�� \00 _ O 0 \ p 0 Z x935.4 o R 933.8 Z\ 1 WIN =930.3 l /93 �� ! 1. 2 PUMP N.INV.-929.7 __0 Ci O LIF STA ON 1 Al � �_ -r o �� S \\ O n +t - - BASEMENT LEV-929.1 _ \ \ � FO A�� fps 933.4V ��Oq��Z� ((���\33!5 P6,��� x W 931 s._, O 1 I F 932.5 N T3, O Q ti ° ��� O° �� -5,1 o � CITY OF WAYZATA\ J J N ! 93.50 LINE PARALLEL WITH THE � SOUTH LINE OF LOT 95 �` �`� J - O o q \ y i 0 1, O otic 00 A ILO Lo SOUTHEAST CORNER OF LOT 95 334.10 \ C I T.YJ O F O R O N O SOUTH LINE OF LOT 95-- \�\ \ \ CITY OF WAYZATA\ N89°55'50"W 130.00 `P\ / \ 933.2\ \ \\ �. X CENTER LINE OF ACCESS EASEMENT - -- / �� dD PER DOC. NO. T2094017 / O �Q I)K) q) J �� �; , N -�1 rn- L A G O O N ' 1 -- - 932.9 \\\\ -----------)� TO LAKE MINNETONKA I Vo o g30LO C� LLJ O 0 II L O Q I ° �� --ENTRY iw X940.3 v v /'GAR ELEV-932.3 J z /` \ a BITUMINOUS EDGE OF WATER LOCATED - - --------- - \ - MARCH 17 2017, ELEVATION = 929.6 FT. _� WALL , I c° BUIL 11 RNER`0.2 FT.--' I �I `- r- C� WEST OF PROPERTY LINE L ) nVl LJ /�I O I4p I _ _ ; N �-) P W ------------ '_, w / % O v I� x940.3 OH W 930-00 GAS OHWOHW � RIM=9300.8GAS--- N85-52)00))W�/ --�3� :DHW 1HW - 114.24- _93,, W y _ x931.3 FERNDALE ROAD � CONCRETE CURB CD S GAS _- C) � S -- W I RIM=930.° - > 8" VCP, % , CONCRETE CURB RIM=932.0 x932.6 > g33 > e INV.=NQ-ACCESS__ 8" DIP B I T U M 1 - -TOP NUT OF HYDRANT ELEVATION = 934.24 FEET r7 C_ N O U S x933.8 CONCRETE CURB - i RIM=933.7 INV.=926.37 SURVEY FOR: MATTHEW HEMSLEY PROPERTY ADDRESS: 649 Ferndale Road, Orono, Minnesota. LEGAL DESCRIPTION: Par 1: All of Lot 95, Auditor's Subdivision no. 184, Hennepin County, Minnesota except that part or parcel of said Lot 95 described as follows: Beginning at a point on the Easterly line of said Lot 95, distance 83.5 feet Northerly of the Southeast corner of said Lot 95; thence West parallel with the South line of said Lot 95, a distance of 93.5 feet; thence North parallel with the West line of said Lot 95 a distance of 150 feet; thence East parallel with the South line of said Lot 95 a distance of 40 feet to the Easterly line thereof; thence Southeasterly along said Easterly line to the point of beginning. Par 2: That part of Lot 102 lying Northerly of a line drawn from the Northwest corner of said Lot to a point on the East line of said lot distant 350 feet South of the Northeast corner of said lot in Auditor's Subdivision No. 184, Hennepin County. Par 3: Lot 94 Auditor's Subdivision No. 184, Hennepin County, Minn. Par 4: All that part of Lot 95, Auditor's Subdivision No. 184, Hennepin County described as follows: Beginning at a point on the Easterly line of said Lot 95, distance 83.5 feet Northerly of the Southeast corner of said Lot 95; thence West parallel with the South line of said Lot 95, a distance of 93.5 feet; thence North parallel with the West line of said Lot 95 a distance of 150 feet; thence East parallel with the South line of said Lot 95 a distance of 40 feet to the Easterly line thereof; thence Southeasterly along said Easterly line to the point of beginning. Per Certificate of Title No. 1438376. CERTIFICATION: I hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. Dated: March 21, 2017 Updated: April 11, 2017 to include preliminary wetland location Anderson En ineering of Minnesota, LLC by: Jack Bolke Minnesota License No. 20281 NOTES: 1. The horizontal datum and bearings are based on the Hennepin County Coordinate System. 2. The vertical datum is NAVD88. The site benchmark is the top nut of hydrant located 150 feet southwest of the southwest corner of Lot 94. Elevation = 934.24 feet. 3. The area of the property described hereon is 125,805 square feet or 2.8880 acres. 4. The location and extent of underground utilities, If shown, are based upon above ground evidence. There Is no guarantee as to the accuracy or the completeness of this information. The size and location should be considered approximate. Additional underground utilities may be present. Verification of the existence and location of all utilities should be obtained from the utility owners prior to any planning or design. In accordance with Minnesota Statute, the location of utilities shall be confirmed prior to any demolition or construction. 5. No title work was provided for the preparation of this survey to verify the legal description or the existence of any easements or encumbrances. Easements depicted hereon per Certificate of Title No. 1438376. 6. Parcels 1 and 2 are in the the city of Orono, according to the City the subject property is zoned LR -1A, Lakeshore Residential District and has the building setback requirements listed below. It is recommended that the property owner obtain a zoning letter from the City to verify all conditions that affect the property through the city zoning ordinance. This survey does not purport to describe all conditions contained in said ordinance. Front = 50 feet Side = 30 feet Side = 50(Street) Rear = 50 feet 7. Parcels 3 and 4 are in the the city of Wayzata, according to the City the subject property is zoned R-1 A, Low Density single Family Estate District and has the building setback requirements listed below. It is recommended that the property owner obtain a zoning letter from the City to verify all conditions that affect the property through the city zoning ordinance. This survey does not purport to describe all conditions contained in said ordinance. Principal Structure: Accessory Structure: Structure adjacent to a shoreline used exclusively for the storage of watercraft: Front = 45 feet Front = 50 feet Side = 20 feet Side = 10 feet Side = 10 Rear = 50 feet Rear = 10 feet Rear = none 8. According to Federal Emergency Management Agency (FEMA) maps of Hennepin County, the property described hereon lies in flood zones A, 1% chance annual chance flood (100 year flood) with no base elevation, and zone X, 0.2% annual chance flood per community panel map No. 27053CO308F, dated November 4, 2016. Approximate areas of the flood zones are shown on the survey. The ordinary high water level for Lake Minnetonka is 929.1 ft., the 100 year flood elevation is 931.1 ft. 0 4• :0 SCALE IN FEET lIII1111D ANDERSON 111111111111111 41111111111111 ENGINEERING ENGINEERING • ARCHITECTURE o LAND SURVEYING ENVIRONMENTAL SERVICES • LANDSCAPE ARCHITECTURE Anderson Engineering of Minnesota, LLC 136051 st Avenue North Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.com SHEET 1 OF 2 SHEETS 14636 S-3 DETAIL SHEET o 9 y 930 1 O 2 — � O WOOD POST / I FOOD POST932- LL x \ PRELIMINARY WETLAND LOCATION \\` x932.9 \ \ 1 EDGE OF LOWLANDS----------------- x932.8 9328 \ V. 931.8\ ( r�a x \ I CONCRETE SLAB \ LIMITS OF T -POT FLOOD ZONE A AS SCALED - 3Q BASKETBALL \ 1 HOOP �,'PER FEMA MAPS x933. ----------------- �> 934- S _ \\\\ \ x933.5 1 1 I X945.7 '��O`X�l 1 1 I \µAU-AAT� LIMITS OF- I PIFLDNE A MI SCALED I\ ° �(OFIRE�946�PER FEMA MAPS \ \ CO 4 S OHW I �Gi o \ ` 9R� x948.4 fR� X �/ 00 \�G ,.-GARAGE \. lb 46 J CHW \ \\ 949- Q 6 ELEV.=946.4 {5° ��G �� ��\\� \�\ OHW I v x 946.3 \, , � 1 \\\\\ \ _1" I T -POST 11 5 �` \ x I 1-0.1 \ \\\\ I ��P�� ` ��QS CD p7 \ \ 111 I � 'L ` \\ �� \ '9 p PEAU PMEN D \\\ \ 1 —4.2 h• 66 O 4.2 _ ^' J'A,- ��\ o (40 DESC.) lgtioSSS ° 948 x948.5 x948.7 (f j x.00 / co;; 948 O ACCESS EASEMENT PER. __ _ _�� <o� \ \ \ I 01 ro \ `� �� �\ \ �- DOiNO. T16616� PRELIMINARY WETLAND LOCATION - - - _ \ \ \ I o 0 \ \ ` \\\� \ \ \ \ \ � � LANDSCAPING Z v \2.6\ \ \ \ I 74,431 O�\ \\ \ �w RIM 933.8 \ \ I W W.INV.=930.3 z1.8\ \ / 1.8 N.INV.=929.7 —930"' \ \ \ 3.2 " 2PUMP � w \ � �.., \ \ � -' XLIFT STP�TIONASEMA \ DETAIL SHEET FOR MATTHEW HEMSLEY SURVEY 06 \\\\ \ � l0 \ \ \ P 933.4 \ SOS�3 3.5 \� \ \ \ P x to oy -931 \\ ❑w \V � \\WP", �� x933.4 \ \ \ OJ \ 932.5 O a \ \ \ \ —\ \ \ MSN \ \ x 11 I I z \ \ e ��\ �- F O O J � �9 O i I y e LL ' 9 o 1 CITY OF WAYZATA 93.50 1 O LINE PARALLEL WITH THE e SOUTH LINE OF LOT 95 O o( 1000 \ \ � ` \ \ � oy � roti 9� �' foo \ � \ \ � do M 0 20 40 60 SCALE IN FEET nlllllllllllllllllllllllll ANDERSON i IIIIIIIIIIIIIIIIIIIIIIIIIIII 'lllllllllllll ENGINEERING ENGINEERING • ARCHITECTURE • LAND SURVEYING ENVIRONMENTAL SERVICES • LANDSCAPE ARCHITECTURE Anderson Engineering of Minnesota, LLC 13605 1 st Avenue North Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.com SHEET 2 OF 2 SHEETS 7 f f .SC*A Fr k 1- K9 r, 01, Property information search result C hell on property ID Tor details I0 Sum Address 01.117.2333-0015 549 FERNDALE RD W 02.117.23A4.0003 649 FERNDALE RD W 01-117-2333-0014 649 FERN04E RD W 01.117.23.33.0016 649 FERNDALE R6 W itecv�dn i - C cT d Chy ORONO ORONO WAYZATA 14'AY2ATA 21. Sir A -WA, IWLke .4 a � i ry��yyd.I. . r dIr— 4 sY AGENDA ITEM Item No.: 14 Date: September 25, 2017 Item Description: Resignation of Danielle Amira— Accountant Presenter: Ron Olson Agenda Consent Agenda Finance Director Section: 1. Purpose. The purpose of this action item is to notify Council that Danielle Amira, Accountant, has submitted her notice of resignation. COUNCIL ACTION REQUESTED Motion to accept the resignation of Danielle Amira and to begin the hiring process to replace the Accountant Position. Prepared By: 219 Reviewed By: -�bV Approved By: 'bV AGENDA ITEM Item No.: 15 Date: September 25, 2017 Item Description: Adoption of 2018 Preliminary Budget and Levy Presenter: Ron Olson Agenda City Administrator's Finance Director Section: Report 1. Purpose. The purpose of this agenda item is adopt the 2018 Preliminary General Fund Budget and the Preliminary 2018 Tax levy. 2. Background. Staff has been working on the 2018 General Fund budget since early June. As part of the budget process, there have also been three Council work sessions where the City Council has had the opportunity to provide input and direction to staff. At the Council meeting dated September 11', 2017, the preliminary budget was presented to the public. The budget that is being presented for approval tonight includes an increase in expenditures of 2.5%. This increase is the result of a 4.1% increase in wages and benefits which includes: a COLA increase of 2.5%, step increases for eligible employees, and a.5 increase in FTE's. The increase in FTE's is due to the addition of a Parks/Golf Course Supervisor position. This position replaces the current Golf Course Supervisor which is a half-time position. The preliminary tax levy required to fund the 2018 budget is increasing by 4.5%. This increase is split between the General Fund and the Pavement Management Fund. The General Fund increase is needed to cover the increases in wages and benefits as discussed above. The Pavement Management Levy is needed to fund the City's Pavement Management Plan. COUNCIL ACTION REQUESTED A motion to adopt the attached resolution adopting the 2018 Preliminary General Fund Budget and the resolution adopting the 2018 Preliminary Tax Levy. Exhibits Exhibit A. 2018 Revenues Exhibit B. 2018 Expenditures Exhibit C. Tax Impact Exhibit D. Resolutions Prepared By: jw1a Reviewed By: 1b)X1 Approved By: �bV Revenue Source Property Taxes Total Licenses Total Permits Total Intergovernmental Total Gen Govt Service Charges Total Public Safety Service Charges Total Fines and Forfeits Total Investment Revenue Total Miscellaneous Revenue Total Revenue Exhibit A - Revenues Percentage 2016 Y -T -D 2017 2018 Increase Increase Actual Sep 30,2017 Budget Budget (Decrease) (Decrease) 4,047,583 2,151,445 4,197,240 4,355,051 157,811 3.8% 17,500 7,732 13,900 13,900 - 0.0% 466,981 321,985 451,750 452,750 1,000 0.2% 248,270 20,210 227,220 240,220 13,000 5.7% 485,871 383,235 399,500 379,500 (20,000) -5.0% 2,348,274 2,063,279 2,379,350 2,411,980 32,630 1.4% 86,651 48,327 80,500 80,100 (400) -0.5% 60,207 331 54,500 54,500 - 0.0% 284,166 196,004 183,900 209,900 26,000 14.1% 8,045,501 5,192,549 7,987,860 8,197,901 210,041 2.6% Exhibit A - Revenues City of Orono 2018 Revenue Budget Summary Percentage 2016 Y -T -D 2017 2018 Increase Increase Revenue Source Actual Sep 30,2017 Budget Budget (Decrease) (Decrease) Current Ad Valorem Taxes 3,977,693 (2,130,743) 4,197,240 4,345,051 Delinquent Ad Valorem Taxes 18,184 14,523 - 10,000 Fiscal Disparities 34,805 (15,807) - PersonalProperty Tax 14,899 (17,429) Forfieted Tax Sale Apportionmt - Rent Credit - Penalties and Interest -Taxes 2,002 (1,989) - - Property Taxes 4,047,583 (2,151,445) 4,197,244 4,355,051 157,807 3.8% Beer & Liquor Licenses 6,670 - 7,000 7,000 - 0.0% Cigarette Licenses 125 750 400 400 0.0% Garbage Haulers Licenses 1,080 1,110 1,100 1,100 0.0% Other Business License/Permit 8,357 4,877 5,400 5,400 0.0% Dog Licenses 1,268 995 - - N/A Total Licenses 17,500 7,732 13,900 13,900 0.0% Building Permits 362,045 258,144 375,000 371,000 (4,000) -1.1% Zoning Permit 4,929 750 1,750 1,750 - 0.0% Mechanical/Septic/Other 67,909 43,842 50,000 55,000 5,000 10.0% Plumbing Permit 32,098 19,249 25,000 25,000 - 0.0% Total Permits 466,981 321,985 451,750 452,750 1,000 0.2% Federal Grant -other - - - - N/A Market Value Credit - - - N/A Police State Aid 217,056 - 200,000 200,000 - 0.0% Police Training Reimbursement 8,442 9,220 10,000 23,000 13,000 130.0% PERA State Aid 7,219 3,610 7,220 7,220 - 0.0% State Grant -other 15,553 7,381 10,000 10,000 - 0.0% Total Intergovernmental 248,270 20,210 227,220 240,220 13,000 5.7% Administrative Charges for Svc 85,300 51,750 80,000 80,000 - 0.0% General Taxable Sales/Service (4,526) 402 1,000 1,000 0.0% Assessments searches 380 150 300 300 0.0% Plan Check/Site Exam Fees 215,943 195,753 190,000 190,000 0.0% Cond Use-Variance-Dev Fees 47,775 36,960 40,000 10,000 (30,000) -75.0% Engineering & Legal Fees 89,805 52,478 40,000 40,000 0.0% Bldg Permits -mail in fees 1,535 575 700 700 0.0% On-site Septic Program fees 44,550 44,783 44,500 44,500 0.0% Coop Agreement -public works 5,108 385 3,000 3,000 0.0% InterDepartmental Services -PW - - - - - N/A Off Leash Annual Pass 130 12,835 - 10,000 10,000 N/A Total Gen Govt Service Charges 485,871 383,235 399,500 379,500 (20,000) -5.0% Coop Agreement -inspection 27,128 11,546 15,000 20,000 5,000 33.3% Coop Agreement -police 2,234,099 2,004,122 2,283,500 2,308,830 25,330 1.1% Police Special Services 84,156 46,741 75,000 80,000 5,000 6.7% False Alarm Fees 1,425 250 4,500 2,000 (2,500) -55.6% Police Reports 1,115 621 850 850 - 0.0% Police Reserve Receipts 350 - 500 300 (200) -40.0% Total Public Safety Service Charges 2,348,274 2,063,279 2,379,350 2,411,980 32,630 1.4% Other Fines - - - - - N/A Court Fines 78,705 44,956 80,000 80,000 0.0% Drug Task Force - - - - - N/A Dog Impound Fees 60 - 500 100 (400) -80.0% Total Fines and Forfeits 78,765 44,956 80,500 80,100 (400) -0.5% Interest on investments 59,810 - 54,000 54,000 - 0.0% Interest -NOW account 396 331 500 500 0.0% Total Investment Revenue 60,207 331 54,500 54,500 - 0.0% Utility Penalties 1,540 1,800 1,500 1,000 (500) -33.3% Green Fees 108,275 109,210 90,000 110,000 Rental -Golf carts & Club 52,760 41,859 44,000 46,000 Beer Sales 7,616 8,469 7,000 8,000 Pop Sales 4,132 - - - Concessions -taxable 2,554 5,316 5,300 5,000 Golf Ball Sales 1,427 (11) - - Pro Shop -taxable 513 2,361 3,700 1,000 Pro Shop -nontaxable 1,093 168 - - Other Golf Course Receipts 9,864 - Cash Over/Short (51) Revenue Source Total Golf Course Receipts Miscellaneous Revenue Rent Income Contributions & donations Refunds & Reimbursements Sale of Equipment Filing fees-elections/plats Total Miscellaneous Revenue Total Revenue Exhibit A - Revenues City of Orono 2018 Revenue Budget Summary Percentage 2016 Y -T -D 2017 2018 Increase Increase Actual Sep 30,2017 Budget Budget (Decrease) (Decrease) 188,181 167,371 150,000 170,000 20,000 13.3% 24,332 2,262 3,000 3,000 - 0.0% 5,850 3,600 5,400 5,400 0.0% 1,470 - - - N/A 6,699 655 - 500 500 N/A 43,584 20,738 20,000 26,000 6,000 30.0% 12,510 2,100 4,000 4,000 - 0.0% 284,166 198,526 183,900 209,900 26,000 14.1% Exhibit B City of Orono 2018 General Fund Budget Departmental Budgets 2018 Dollar % 2016 2016 2017 Draft Increase Increase Budget Actual Budget Budget (Decrease) (Decrease) Mayor & Council 83,240 83,440 85,150 85,165 15 0.02% Administration 291,120 268,802 297,150 323,641 26,491 8.92% Elections 18,130 18,725 3,160 25,552 22,392 708.61% Assessing 180,000 86,000 180,000 182,000 2,000 1.11% Finance 322,320 315,955 323,670 327,445 3,775 1.17% Law/Legal Services 102,500 112,918 104,000 112,000 8,000 7.69% Central Services 244,470 268,437 265,900 258,800 (7,100) -2.67% Human Services 12,400 12,426 12,400 12,400 - 0.00% Police 4,076,850 3,837,514 4,236,760 4,368,613 131,853 3.11% Fire Protection Services 395,150 393,476 397,000 390,000 (7,000) -1.76% Building & Zoning 707,050 693,366 762,470 739,711 (22,759) -2.98% Engineering 20,000 9,893 20,000 15,000 (5,000) -25.00% Street Maintenance 493,830 475,551 499,825 525,857 26,032 5.21% Parks 108,120 109,840 116,469 173,136 56,667 48.65% Golf Course 152,640 170,346 172,670 172,831 161 0.09% Special Services 95,750 123,018 95,750 95,750 - 0.00% Special Projects -Contingencies 40,000 8,004 40,990 - (40,990) -100.00% Transfers to Other Funds 365,000 - 375,000 380,000 5,000 1.33% Total General Fund Expenditures 7,708,570 6,987,711 7,988,364 8,187,901 199,537 2.50% 2016 Budget Personal Services 4,943,340 Supplies & Maintenance 582,780 Insurances 97,470 Professional Services 1,075,591 Other Expenses 392,889 Capital Outlay 202,000 Transfers to Other Funds 365,000 Contingencies 40,000 Purchases for Resale 9,500 City of Orono 2017 General Fund Budget Major Expenditure Categories 2016 Y -T -D 2017 Actual Aug 31,2017 Budget 4,808,294 3,222,077 526,260 375,441 98,083 49,610 972,741 777,860 391,928 241,387 171,290 150,501 - 639 8,004 23,297 11,172 9,634 5,155,110 618,804 99,220 1,081,950 402,590 204,000 375,000 40,990 10,700 2018 Increase % Preliminary (Decrease) Increase Budget 2015 to 2016 (Decrease) 5,368,587 213,477 4.14% 637,130 18,326 2.96% 98,270 (950) -0.96% 1,069,381 (12,569) -1.16% 420,633 18,043 4.48% 200,000 (4,000) -1.96% 380,000 5,000 1.33% - (40,990) -100.00% 13,900 3,200 29.91% Total 7,708,570 6,987,772 4,850,447 7,988,364 8,187,901 199,537 2.50% City of Orono 2018 Line Item Budget Mayor & Council 41110 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Personal Services 101-41110-101 101 Full -Time Employees Regular 17,033 18,200 18,200 18,200 11,842 18,200 0 0.00% 101-41110-122 122 FICA 1,303 1,392 1,392 1,390 906 1,392 2 0.14% 101-41110-151 151 Worker's Comp Insurance Prem 90 90 50 70 53 73 3 4.29% Total Personal Services 18,426 19,682 19,642 19,660 12,800 19,665 5 0.03% Other Expenses 101-41110-433 433 Memberships 70,070 70,387 62,198 63,990 41,459 64,000 10 0.02% 101-41110-437 437 Training & Development 0 540 267 500 325 500 0 0.00% 101-41110-439 439 Meeting Expenses 1,258 836 1,332 1,000 724 1,000 0 0.00% 101-41110-489 489 Other Miscellaneous Charges 0 0 0 0 469 0 0 N/A Total Other Expenses 71,328 71,763 63,797 65,490 42,977 65,500 10 0.02% City Council Total 89,755 91,446 83,440 85,150 55,777 85,165 15 0.02% City of Orono 2018 Line Item Budget Administration 41300 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Personal Services 101-41300-101 101 Full -Time Employees Regular 169,692 189,820 178,244 197,790 97,578 219,918 22,128 11.19% 101-41300-102 102 Full -Time Employees Overtime (70) 0 1,098 1,300 149 1,300 0 0.00% 101-41300-103 103 Part -Time Employees 12,153 0 0 0 53,680 0 0 N/A 101-41300-104 104 Temporary Employees Regular 3,153 7,653 9,171 10,500 5,479 10,500 0 0.00% 101-41300-121 121 PERA 12,965 13,545 13,305 14,930 6,437 16,591 1,661 11.13% 101-41300-122 122 FICA 14,105 14,083 13,536 16,030 11,114 17,727 1,697 10.59% 101-41300-135 135 City Benefit Contribution 19,206 24,960 34,733 37,020 18,955 37,911 891 2.41% 101-41300-142 142 Unemployment Benefit Payments 0 0 0 0 6,792 0 0 N/A 101-41300-151 151 Worker's Comp Insurance Prem 1,127 1,150 1,210 1,280 960 1,394 114 8.91% Total Personal Services 232,329 251,211 251,296 278,850 201,144 305,341 26,491 9.50% Supplies & Maintenance 101-41300-208 208 Books & Periodicals 286 286 44 300 136 300 0 0.00% Total Supplies & Maintenance 286 286 44 300 136 300 0 0.00% Professional Services 101-41300-319 319 Professional Services 6,385 5,485 5,245 6,000 3,460 6,000 0 0.00% Total Professional Serivices 6,385 5,485 5,245 6,000 3,460 6,000 0 0.00% Other Expenses 101-41300-331 331 Travel Expenses 101-41300-340 340 General Advertising 101-41300-433 433 Memberships 101-41300-437 437 Training & Development 101-41300-439 439 Meeting Expenses 101-41300-489 489 Other Miscellaneous Charges Total Other Expenses 2014 Actual 4,850 420 1,350 2,866 679 3,044 13,209 City of Orono 2018 Line Item Budget Administration cont. 41300 Y -T -D 2015 2016 Actual Actual 4,623 3,600 0 0 1,396 1,338 2,162 4,338 1,246 553 2,860 2,394 0 12,286 12,223 12,000 4,085 12,000 0 0.00% Administration Total 252,208 269,268 268,808 297,150 208,825 323,641 26,491 8.92% Dollar 2017 Y -T -D 2018 Increase Increase Budget Sep 30, 2017 Draft Budget Decrease Decrease 4,000 1,422 4,000 0 0.00% 0 0 0 0 N/A 1,000 40 1,000 0 0.00% 3,500 2,030 3,500 0 0.00% 500 421 500 0 0.00% 3,000 172 3,000 0 0.00% 12,000 4,085 12,000 0 0.00% Administration Total 252,208 269,268 268,808 297,150 208,825 323,641 26,491 8.92% City of Orono 2018 Line Item Budget Elections 41410 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Personal Services 101-41410-102 102 Full -Time Employees Overtime 2,834 0 0 1,000 0 1,000 0 0.00% 101-41410-104 104 Temporary Employees Regular 10,011 0 12,330 0 0 16,000 16,000 N/A 101-41410-121 121 PERA 200 0 0 80 0 75 (5) -6.25% 101-41410-122 122 FICA 194 0 84 80 0 77 (3) -3.75% Total Personal Services 13,239 0 12,414 1,160 0 17,152 15,992 1378.62% Supplies & Maintenance 101-41410-208 208 Books & Periodicals 0 0 0 0 0 0 0 N/A 101-41410-221 221 Equipment Parts & Accessories 2,192 0 3,763 2,000 0 2,500 500 25.00% 101-41410-240 240 Small Tools and Minor Equip 0 0 281 0 0 300 300 N/A Total Supplies & Maintenance 2,192 0 4,044 2,000 0 2,800 800 40.00% Other Expenses 101-41410-319 319 Professional Services 1,050 0 0 0 0 1,100 1,100 N/A 101-41410-322 322 Postage 533 316 1,328 0 0 1,500 1,500 N/A 101-41410-331 331 Travel Expenses 87 0 89 0 0 100 100 N/A 101-41410-340 340 General Advertising 214 0 325 0 0 400 400 N/A 101-41410-412 412 Building Rentals 0 0 0 0 0 0 0 N/A 101-41410-415 415 Other Equipment Rentals 0 0 0 0 0 0 0 N/A 101-41410-437 437 Training & Development 0 0 0 0 0 1,000 1,000 N/A 101-41410-439 439 Meeting Expenses 523 0 36 0 0 1,000 1,000 N/A 101-41410-489 489 Other Miscellaneous Charges 327 0 488 0 0 500 500 N/A Total Other Expenses 2,735 316 2,266 0 0 5,600 5,600 N/A Elections Total 18,165 316 18,725 3,160 0 25,552 22,392 708.61% 101-41550-302 City of Orono 2018 Line Item Budget Assessing 41550 2014 2015 2016 Actual Actual Actual Assessing Services 302 Assessing Services 153,107 166,074 86,000 Total Assessing Service 153,107 166,074 86,000 Assessing Total Dollar % 2017 Y -T -D 2018 Increase Increase Budget Sep 30, 2017 Draft Budget Decrease Decrease 180,000 0 182,000 2,000 1.11% 180,000 0 182,000 2,000 1.11% 153,107 166,074 86,000 180,000 0 182,000 2,000 1.11% City of Orono 2018 Line Item Budget Finance Department 41500 Supplies & Maintenance Dollar % 0 0 0 2014 2015 2016 2017 Y -T -D 2018 Increase Increase 0 0 0 Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease 3,500 Personal Services 250.00% 101-41500-301 301 Auditing and Acct'g Services 0 0 0 0 0 0 101-41500-101 101 Full -Time Employees Regular 218,786 208,801 219,329 210,430 136,894 207,386 (3,044) -1.45% 101-41500-102 102 Full -Time Employees Overtime 0 0 0 200 515 200 0 0.00% 101-41500-103 103 Part -Time Employees 21,397 21,368 19,497 22,520 14,057 23,953 1,433 6.36% 101-41500-104 104 Temporary Employees Regular 0 0 0 0 0 0 0 N/A 101-41500-121 121 PERA 17,114 17,271 17,225 17,470 11,278 17,350 (120) -0.69% 101-41500-122 122 FICA 17,278 16,647 16,790 17,820 11,194 17,697 (123) -0.69% 101-41500-135 135 City Benefit Contribution 34,166 41,207 38,337 52,080 28,788 53,862 1,782 3.42% 101-41500-151 151 Worker's Comp Insurance Prem 1,460 1,250 1,330 1,610 1,208 1,597 (13) -0.81% Total Personal Services 310,201 306,544 312,508 322,130 203,935 322,045 (85) -0.03% Supplies & Maintenance 101-41500-208 208 Books & Periodicals 0 0 0 0 0 0 0 N/A Total Supplies & Maintenance 0 0 0 0 0 0 0 N/A Professional Services 490 833 3,123 1,000 325 3,500 2,500 250.00% 101-41500-301 301 Auditing and Acct'g Services 0 0 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 0 0 N/A Other Expenses 101-41500-331 331 Travel Expenses 39 190 0 200 112 1,500 1,300 650.00% 101-41500-433 433 Memberships 325 325 325 340 330 400 60 17.65% 101-41500-437 437 Training & Development 490 833 3,123 1,000 325 3,500 2,500 250.00% Total Other Expenses 854 1,347 3,448 1,540 767 5,400 3,860 250.65% Finance Total 311,056 307,892 315,955 323,670 204,702 327,445 3,775 1.17% Total Professional Services 98,493 96,581 112,918 104,000 76,469 112,000 8,000 7.69% Law/Legal Services Total 98,493 96,581 112,918 104,000 76,469 112,000 8,000 7.69% City of Orono 2018 Line Item Budget Law/Legal Services 41600 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Professional Services 101-41600-305 305 Legal -Retainer 0 0 0 0 0 0 0 N/A 101-41600-306 306 Legal -Prosecution 37,549 38,500 42,478 40,000 20,278 40,000 0 0.00% 101-41600-307 307 Legal -Consulting 47,869 46,988 51,793 50,000 50,442 60,000 10,000 20.00% 101-41600-308 308 Code Enforcement 4,789 2,054 1,999 4,000 1,487 2,000 (2,000) -50.00% 101-41600-309 309 Jail Charges 8,285 9,040 16,648 10,000 4,262 10,000 0 0.00% Total Professional Services 98,493 96,581 112,918 104,000 76,469 112,000 8,000 7.69% Law/Legal Services Total 98,493 96,581 112,918 104,000 76,469 112,000 8,000 7.69% City of Orono 2018 Line Item Budget Central Services 41900 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Supplies & Maintenance 101-41900-201 201 Office supplies 13,889 13,130 11,685 14,000 5,490 12,000 (2,000) -14.29% 101-41900-221 221 Equipment Parts & Accessories 483 3,838 970 3,000 3,758 3,000 0 0.00% 101-41900-223 223 Bldg/Grounds Maint. Supplies 4,311 3,357 2,520 3,500 2,873 3,500 0 0.00% 101-41900-401 401 Repairs/Maint-Office Equip 18,870 15,249 9,949 16,000 4,120 10,000 (6,000) -37.50% 101-41900-403 403 Repairs/Maint-Misc. Equip 469 570 3,302 700 5,164 3,000 2,300 328.57% 101-41900-404 404 Repairs/Maint-Bldgs/Grounds 15,978 23,870 20,699 20,000 37,016 20,500 500 2.50% 101-41900-407 407 Janitorial Services 18,584 18,557 17,171 19,000 11,484 19,000 0 0.00% 101-41900-416 416 Software Licensing 4,015 10,941 24,385 20,000 20,885 22,000 2,000 10.00% Total Supplies & Maintenance 76,599 89,511 90,681 96,200 90,791 93,000 (3,200) -3.33% Professional Services 101-41900-301 301 Auditing and Acct'g Services 20,000 20,000 20,000 20,000 19,160 20,000 0 0.00% 101-41900-311 311 Data Processing Communication 0 0 0 0 0 0 0 N/A 101-41900-319 319 Professional Services 10,628 11,690 26,501 18,000 11,500 18,000 0 0.00% 101-41900-370 370 Insurance Agent of Record 0 0 0 0 0 0 0 N/A Total Professional Services 30,628 31,690 46,501 38,000 30,659 38,000 0 0.00% Insurances 101-41900-361 361 General Liability Ins 10,000 10,000 10,000 10,000 7,500 10,000 0 0.00% 101-41900-362 362 Umbrella Liability Ins 5,000 5,000 5,000 5,000 3,750 5,000 0 0.00% 101-41900-363 363 Bonds Insurance 800 200 200 200 150 200 0 0.00% 101-41900-365 365 Boiler & Machinery Ins 2,000 1,300 1,300 1,300 975 1,300 0 0.00% 101-41900-366 366 Property Insurance 5,000 5,000 5,000 5,000 3,750 5,000 0 0.00% 101-41900-367 367 Equipment Floaters Ins 2,400 1,300 1,300 1,300 975 1,300 0 0.00% 101-41900-368 368 Automotive Insurance 5,000 7,400 7,400 7,400 5,550 7,400 0 0.00% Total Insurances 30,200 30,200 30,200 30,200 22,650 30,200 0 0.00% City of Orono 2018 Line Item Budget Central Services cont. 41900 Dollar 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Other Expenses 101-41900-312 312 Bank Fees 3,856 4,408 6,181 4,500 2,109 4,000 (500) -11.11% 101-41900-321 321 Telephone 7,378 8,331 11,343 10,000 6,589 10,000 0 0.00% 101-41900-322 322 Postage 10,697 10,739 10,412 11,000 8,782 11,000 0 0.00% 101-41900-329 329 Internet/Other Communications 5,315 3,863 6,873 8,000 4,947 6,000 (2,000) -25.00% 101-41900-352 352 Printing & Publishing 13,246 15,182 15,373 15,000 18,407 15,000 0 0.00% 101-41900-381 381 Gas & Electric 31,747 25,621 29,757 29,000 17,742 29,100 100 0.34% 101-41900-382 382 Water Utilities 2,134 3,046 4,111 3,000 2,363 2,000 (1,000) -33.33% 101-41900-413 413 Office Equipment Rental 17,645 17,045 16,685 20,000 14,360 20,000 0 0.00% 101-41900-440 440 Special Equipment Replacement 0 0 11 0 0 0 0 N/A 101-41900-489 489 Other Miscellaneous Charges 2,248 919 307 1,000 346 500 (500) -50.00% Total Other Expenses 94,267 89,154 101,054 101,500 75,644 97,600 (3,900) -3.84% Capital Outlay 101-41900-512 512 Spec Assmts on Land & Int 0 0 0 0 0 0 0 N/A 101-41900-750 750 Interest on Special Assmnts 0 0 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 0 0 N/A Central Services Total 231,693 240,555 268,437 265,900 219,745 258,800 (7,100) -2.67% City of Orono 2018 Line Item Budget Human Services 41800 Dollar 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Other Expenses 101-41800-490 490 Contributions to Civic Org's 9,500 11,997 12,426 12,400 0 12,400 0 0.00% Total Other Expenses 9,500 11,997 12,426 12,400 0 12,400 0 0.00% Human Services Total 9,500 11,997 12,426 12,400 0 12,400 0 0.00% City of Orono 2018 Line Item Budget Police Department 42110 Total Personal Services 3,090,121 3,120,780 3,203,183 3,446,070 2,120,868 3,580,792 134,722 3.91% Supplies & Maintenance 101-42110-201 201 Office supplies 101-42110-208 208 Books & Periodicals 101-42110-212 Dollar % 101-42110-221 221 Equipment Parts & Accessories 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Training Supplies 101-42110-229 229 Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease 402 Personal Services 101-42110-403 403 Repairs/Maint-Misc. Equip 101-42110-404 404 Repairs/Maint-Bldgs/Grounds 101-42110-407 407 101-42110-101 101 Full -Time Employees Regular 2,247,403 2,226,744 2,291,675 2,408,910 1,496,553 2,520,908 111,998 4.65% 101-42110-102 102 Full -Time Employees Overtime 22,192 18,608 21,890 50,000 11,679 50,000 0 0.00% 101-42110-103 103 Part -Time Employees 84,937 98,356 71,090 54,330 36,936 54,333 3 0.01% 101-42110-104 104 Temporary Employees Regular 0 423 0 0 0 0 0 N/A 101-42110-121 121 PERA 332,179 351,635 362,096 374,280 232,216 391,520 17,240 4.61% 101-42110-122 122 FICA 44,098 44,327 44,316 47,820 29,308 50,086 2,266 4.74% 101-42110-135 135 City Benefit Contribution 290,986 315,013 338,372 401,580 232,314 399,945 (1,635) -0.41% 101-42110-142 142 Unemployment Benefit Payments 0 404 2,914 0 0 0 0 N/A 101-42110-151 151 Worker's Comp Insurance Prem 68,325 65,270 70,830 109,150 81,863 114,000 4,850 4.44% Total Personal Services 3,090,121 3,120,780 3,203,183 3,446,070 2,120,868 3,580,792 134,722 3.91% 12,544 Supplies & Maintenance 101-42110-201 201 Office supplies 101-42110-208 208 Books & Periodicals 101-42110-212 212 Motor Fuels & Lubricants 101-42110-221 221 Equipment Parts & Accessories 101-42110-223 223 Bldg/Grounds Maint. Supplies 101-42110-226 226 Clothing & personal equipment 101-42110-228 228 Training Supplies 101-42110-229 229 Explorers Program expenses 101-42110-240 240 Small Tools and Minor Equip 101-42110-401 401 Repairs/Maint-Office Equip 101-42110-402 402 Repairs/Maint-Auto Equip 101-42110-403 403 Repairs/Maint-Misc. Equip 101-42110-404 404 Repairs/Maint-Bldgs/Grounds 101-42110-407 407 Janitorial Services 101-42110-416 416 Software Licensing 12,544 6,835 7,351 12,000 1,700 8,000 (4,000) -33.33% 0 0 0 1,000 324 1,000 0 0.00% 91,933 48,008 44,913 115,000 51,916 100,000 (15,000) -13.04% 4,581 6,690 4,657 6,000 4,228 6,000 0 0.00% 230 911 393 1,300 166 1,300 0 0.00% 25,112 27,738 31,783 25,000 17,349 27,000 2,000 8.00% 8,916 18,512 15,951 16,000 1,822 16,000 0 0.00% 981 3,456 412 4,000 2,390 4,000 0 0.00% 1,435 2,642 1,839 6,000 2,082 5,000 (1,000) -16.67% 15,206 7,601 6,228 5,000 3,832 5,000 0 0.00% 50,009 35,045 35,529 50,000 21,825 45,000 (5,000) -10.00% 6,437 4,840 4,597 8,000 4,571 8,000 0 0.00% 3,120 7,678 7,219 6,500 2,262 6,500 0 0.00% 13,457 12,918 12,434 15,000 8,316 15,000 0 0.00% 1,338 9,987 13,651 11,500 8,782 13,500 2,000 17.39% Total Supplies & Maintenance 235,300 192,860 186,955 282,300 131,564 261,300 (21,000) -7.44% 101-42110-304 101-42110-307 101-42110-310 101-42110-311 101-42110-317 101-42110-319 101-42110-370 101-42110-361 101-42110-362 101-42110-366 101-42110-367 101-42110-368 101-42110-379 City of Orono 98,451 2014 Dollar Police Department cont. Actual Professional Services 2018 304 Engineering -Consulting 0 307 Legal -Consulting 6,372 310 LOGIS-Applications 61,104 311 Data Processing Communication 3,909 317 Animal Care 85 319 Professional Services 12,479 370 Insurance Agent of Record 0 90,310 52,754 Total Professional Services 83,949 18.08% 6,000 Insurances 6,000 361 General Liability Ins 25,000 362 Umbrella Liability Ins 9,100 366 Property Insurance 3,300 367 Equipment Floaters Ins 500 368 Automotive Insurance 6,600 379 Insurance Deductibles 0 Total Insurances 44,500 City of Orono 98,451 2018 Line Item Budget Dollar Police Department cont. 2017 42110 2018 2015 2016 Actual Actual 0 0 3,736 7,301 64,164 73,184 4,115 4,947 85 424 12,091 12,596 0 0 84,190 98,451 119,810 Dollar % 2017 Y -T -D 2018 Increase Increase Budget Sep 30, 2017 Draft Budget Decrease Decrease 9,000 9,000 9,000 0 0 0 0 0 N/A 8,000 4,417 8,000 0 0.00% 90,310 52,754 106,641 16,331 18.08% 6,000 3,848 6,000 0 0.00% 1,000 110 500 (500) -50.00% 14,500 10,318 14,500 0 0.00% 0 0 0 0 N/A 84,190 98,451 119,810 35,000 35,000 35,000 10,000 10,000 10,000 1,000 1,000 1,000 0 0 0 9,000 9,000 9,000 0 0 0 71,446 135,641 15,831 13.21% 26,250 35,000 0 0.00% 7,500 10,000 0 0.00% 750 1,000 0 0.00% 0 0 0 N/A 6,750 9,000 0 0.00% 0 0 0 N/A 55,000 55,000 55,000 41,250 55,000 0 0.00% City of Orono 2018 Line Item Budget Police Department cont. 42110 2014 2015 2016 2017 Actual Actual Actual Budget Dollar % Y -T -D 2018 Increase Increase Sep 30, 2017 Draft Budget Decrease Decrease 23,147 Other Expenses 101-42110-321 321 Telephone 101-42110-322 322 Postage 101-42110-329 329 Internet/Other Communications 101-42110-331 331 Travel Expenses 101-42110-340 340 General Advertising 101-42110-352 352 Printing & Publishing 101-42110-381 381 Gas & Electric 101-42110-382 382 Water Utilities 101-42110-413 413 Office Equipment Rental 101-42110-414 414 EDP/Communications Equip Rent 101-42110-433 433 Memberships 101-42110-436 436 Towing Charges 101-42110-437 437 Training & Development 101-42110-439 439 Meeting Expenses 101-42110-440 440 Special Equipment Replacement 101-42110-441 441 Licenses & Taxes 101-42110-489 489 Other Miscellaneous Charges City of Orono 2018 Line Item Budget Police Department cont. 42110 2014 2015 2016 2017 Actual Actual Actual Budget Dollar % Y -T -D 2018 Increase Increase Sep 30, 2017 Draft Budget Decrease Decrease 23,147 19,166 21,229 23,230 10,569 23,230 0 0.00% 223 114 99 1,200 114 1,200 0 0.00% 5,612 3,598 5,893 6,300 3,760 6,800 500 7.94% 89 28 580 250 0 250 0 0.00% 132 55 290 0 0 0 0 N/A 1,692 1,972 2,220 1,800 494 1,800 0 0.00% 14,125 24,965 18,100 20,000 10,918 20,000 0 0.00% 781 1,634 1,405 1,200 0 1,200 0 0.00% 2,578 4,106 4,133 3,300 2,967 3,600 300 9.09% 23,782 23,443 23,211 20,000 13,199 23,000 3,000 15.00% 2,110 2,770 3,000 5,500 2,680 5,000 (500) -9.09% 53 147 157 0 0 0 0 N/A 32,676 20,356 30,254 35,000 21,020 38,000 3,000 8.57% 1,890 2,142 2,395 2,500 1,326 2,500 0 0.00% 228 3,668 5,164 5,000 0 5,000 0 0.00% 1,172 2,040 3,282 1,300 199 1,300 0 0.00% 226 232 1,222 3,000 567 3,000 0 0.00% Total Other Expenses 110,517 110,434 122,635 129,580 67,813 135,880 6,300 4.86% Capital Outlay 101-42110-550 550 Automotive Equipment 141,988 149,338 135,874 153,000 131,648 156,000 3,000 1.96% 101-42110-560 560 Furniture and Fixtures 0 0 0 0 0 0 0 N/A 101-42110-570 570 Office Equip and Furnishings 7,500 6,176 0 7,000 210 3,000 (4,000) -57.14% 101-42110-575 575 IT Hardware & Applications 11,430 8,951 5,378 23,000 390 20,000 (3,000) -13.04% 101-42110-580 580 Other Equipment 0 9,583 30,038 21,000 18,253 21,000 0 0.00% Total Capital Outlay 160,919 174,048 171,290 204,000 150,501 200,000 (4,000) -1.96% Police Total 3,725,306 3,737,312 3,837,514 4,236,760 2,583,442 4,368,613 131,853 3.11% City of Orono 2018 Line Item Budget Fire Protection Services 42260 Dollar 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Professional Services 101-42260-318 318 Fire Services 379,581 383,856 393,476 397,000 400,547 390,000 (7,000) -1.76% 101-42260-319 319 Professional Services 0 0 0 0 0 0 0 N/A Total Professional Services 379,581 383,856 393,476 397,000 400,547 390,000 (7,000) -1.76% Fire Protection Services Total 379,581 383,856 393,476 397,000 400,547 390,000 (7,000) -1.76% City of Orono 2018 Line Item Budget Building & Zoning 42400 Total Personal Services 506,287 548,032 576,521 581,420 391,685 571,821 (9,599) -1.65% Supplies & Maintenance Dollar % 208 Books & Periodicals 0 2014 2015 2016 2017 Y -T -D 2018 Increase Increase 212 Motor Fuels & Lubricants 500 Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease 221 Personal Services 50 449 22 0 2,656 0 0 N/A 101-42400-101 101 Full -Time Employees Regular 385,500 428,200 452,306 438,290 310,465 428,441 (9,849) -2.25% 101-42400-102 102 Full -Time Employees Overtime 65 115 379 200 35 200 0 0.00% 101-42400-103 103 Part -Time Employees 12,153 0 0 0 0 0 0 N/A 101-42400-104 104 Temporary Employees Regular 0 0 0 0 0 0 0 N/A 101-42400-121 121 PERA 28,255 31,784 33,690 32,890 20,970 32,148 (742) -2.26% 101-42400-122 122 FICA 30,509 33,318 34,579 33,540 21,649 32,791 (749) -2.23% 101-42400-135 135 City Benefit Contribution 47,170 52,105 52,947 74,040 36,720 75,822 1,782 2.41% 101-42400-142 142 Unemployment Benefit Payments 0 0 0 0 0 0 0 N/A 101-42400-151 151 Worker's Comp Insurance Prem 2,636 2,510 2,620 2,460 1,845 2,419 (41) -1.67% Total Personal Services 506,287 548,032 576,521 581,420 391,685 571,821 (9,599) -1.65% Total Supplies & Maintenance 593 2,587 214 6,200 2,669 2,000 (4,200) -67.74% Supplies & Maintenance 101-42400-208 208 Books & Periodicals 0 262 142 500 0 500 0 0.00% 101-42400-212 212 Motor Fuels & Lubricants 500 1,876 0 1,500 0 1,500 0 0.00% 101-42400-221 221 Equipment Parts & Accessories 50 449 22 0 2,656 0 0 N/A 101-42400-226 226 Clothing & personal equipment 0 0 50 0 0 0 0 N/A 101-42400-240 240 Small Tools and Minor Equip 0 0 0 3,200 13 0 (3,200) -100.00% 101-42400-402 402 Repairs/Maint-Auto Equip 43 0 0 1,000 0 0 (1,000) -100.00% 101-42400-403 403 Repairs/Maint-Misc. Equip 0 0 0 0 0 0 0 N/A Total Supplies & Maintenance 593 2,587 214 6,200 2,669 2,000 (4,200) -67.74% Total Professional Services 109,765 116,315 113,104 161,000 65,565 138,500 (22,500) -13.98% City of Orono 2018 Line Item Budget Building & Zoning cont. 42400 Professional Services 101-42400-304 304 Engineering -Consulting 4,339 104 0 12,500 1,606 7,500 (5,000) -40.00% 101-42400-307 307 Legal -Consulting 23,600 23,886 24,864 16,000 12,214 16,000 0 0.00% 101-42400-310 310 Inspection Services 71,620 89,226 85,065 100,000 44,825 90,000 (10,000) -10.00% 10142400-312 12 Bank Fees 0 0 0 0 0 5,000 5,000 N/A 101-42400-319 319 Professional Services 10,206 3,100 3,175 32,500 6,920 20,000 (12,500) -38.46% Total Professional Services 109,765 116,315 113,104 161,000 65,565 138,500 (22,500) -13.98% City of Orono 2018 Line Item Budget Building & Zoning cont. 42400 Total Other Expenses 4,802 4,000 3,526 13,850 1,693 27,390 13,540 97.76% Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase 670,933 693,366 Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Other Expenses 101-42400-331 331 Travel Expenses 1,900 402 468 1,500 154 2,250 750 50.00% 101-42400-340 340 General Advertising 25 0 0 0 378 1,000 1,000 N/A 101-42400-415 415 Other Equipment Rentals 0 0 0 0 0 0 0 N/A 101-42400-416 416 Software Licensing 0 0 0 0 300 15,600 15,600 N/A 101-42400-433 433 Memberships 475 1,330 875 800 675 1,200 400 50.00% 101-42400-437 437 Training & Development 1,744 1,386 2,013 2,000 0 2,740 740 37.00% 101-42400-439 439 Meeting Expenses 626 881 139 9,450 185 4,500 (4,950) -52.38% 101-42400-441 441 Licenses & Taxes 32 0 32 100 0 100 0 0.00% Total Other Expenses 4,802 4,000 3,526 13,850 1,693 27,390 13,540 97.76% Building & Zoning Total 621,447 670,933 693,366 762,470 461,612 739,711 (22,759) -2.98% City of Orono 2018 Line Item Budget Engineering 43170 Dollar 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Professional Services 101-43170-303 303 Engineering -Retainer 0 0 0 0 0 0 0 N/A 101-43170-304 304 Engineering -Consulting 14,178 17,080 9,893 20,000 33,335 15,000 (5,000) -25.00% Total Professional Services 14,178 17,080 9,893 20,000 33,335 15,000 (5,000) -25.00% Engineering Total 14,178 17,080 9,893 20,000 33,335 15,000 (5,000) -25.00% City of Orono 2018 Line Item Budget Public Works Department 43000 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Personal Services 101-43000-101 101 Full -Time Employees Regular 214,657 200,530 192,098 215,250 132,889 220,971 5,721 2.66% 101-43000-102 102 Full -Time Employees Overtime 11,067 6,008 11,228 11,000 6,319 11,000 0 0.00% 101-43000-121 121 PERA 14,446 15,135 14,496 16,970 10,403 17,398 428 2.52% 101-43000-122 122 FICA 15,439 15,143 14,195 17,310 10,418 17,746 436 2.52% 101-43000-135 135 City Benefit Contribution 29,378 39,633 37,622 52,170 32,010 55,731 3,561 6.83% 101-43000-142 142 Unemployment Benefit Payments 0 0 0 0 0 0 0 N/A 101-43000-151 151 Worker's Comp Insurance Prem 14,926 13,730 12,680 18,800 14,100 19,296 496 2.64% Total Personal Services 299,913 290,179 282,319 331,500 206,140 342,142 10,642 3.21% Supplies & Maintenance 101-43000-208 208 Books & Periodicals 159 169 169 170 0 170 0 0.00% 101-43000-212 212 Motor Fuels & Lubricants 39,954 14,504 31,663 40,000 2,058 35,000 (5,000) -12.50% 101-43000-221 221 Equipment Parts & Accessories 15,606 16,882 10,644 16,000 10,488 16,000 0 0.00% 101-43000-222 222 Vehicle Equipment & Parts 7,828 5,286 4,433 8,000 4,217 8,000 0 0.00% 101-43000-224 224 Street Maint. Materials/Supply 33,496 47,419 53,524 44,525 22,740 48,000 3,475 7.80% 101-43000-226 226 Clothing & personal equipment 2,527 4,109 3,915 3,500 3,284 4,000 500 14.29% 101-43000-240 240 Small Tools and Minor Equip 978 1,377 2,708 1,000 2,611 2,000 1,000 100.00% 101-43000-402 402 Repairs/Maint-Auto Equip 7,059 11,185 11,350 10,000 11,410 10,000 0 0.00% 101-43000-403 403 Repairs/Maint-Misc. Equip 2,594 5,855 14,780 3,000 12,268 10,000 7,000 233.33% 101-43000-404 404 Repairs/Maint-Bldgs/Grounds 708 1,982 10,635 0 490 4,500 4,500 N/A 101-43000-408 408 Contracted Street Maint. 14,280 63,927 10,779 7,500 14,496 8,000 500 6.67% Total Supplies & Maintenance 125,190 172,695 154,600 133,695 84,060 145,670 11,975 8.96% Professional Services 101-43000-304 304 PW Engineering -Consulting 0 641 0 0 0 0 0 N/A 101-43000-319 319 Professional Services 0 0 2,220 0 2,237 0 0 N/A Total Professional Services 0 641 2,220 0 2,237 0 0 N/A City of Orono 2018 Line Item Budget Public Works Department cont. 43000 Public Works Total 454,966 496,239 475,551 499,825 315,622 525,857 26,032 5.21% Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Other Expenses 101-43000-331 331 Travel Expenses 63 352 0 0 169 175 175 N/A 101-43000-381 381 Gas & Electric 3,397 3,027 4,686 4,880 1,068 4,880 0 0.00% 101-43000-386 386 Street Lighting 22,790 24,612 26,064 25,000 15,591 25,000 0 0.00% 101-43000-414 414 EDP/Communications Equip Rent 0 0 775 0 2,431 750 750 N/A 101-43000-415 415 Other Equipment Rentals 409 254 1,309 960 2,789 960 0 0.00% 101-43000-416 416 Software Licensing 0 0 0 0 0 2,000 2,000 N/A 101-43000-433 433 Memberships 618 284 180 0 0 250 250 N/A 101-43000-437 437 Training & Development 1,798 3,498 2,867 3,500 455 3,500 0 0.00% 101-43000-441 441 Licenses & Taxes 747 50 280 250 44 250 0 0.00% 101-43000-489 489 Other Miscellaneous Charges 40 647 252 40 639 280 240 600.00% Total Other Expenses 29,863 32,724 36,413 34,630 23,186 38,045 3,415 9.86% Public Works Total 454,966 496,239 475,551 499,825 315,622 525,857 26,032 5.21% City of Orono 2018 Line Item Budget Parks 45200 Total Personal Services 21,933 36,530 36,067 39,600 25,464 84,346 44,746 112.99% Supplies & Maintenance Dollar % 212 Motor Fuels & Lubricants 0 2014 2015 2016 2017 Y -T -D 2018 Increase Increase 221 Equipment Parts & Accessories 2,247 Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease 223 Personal Services 3,222 3,163 9,875 7,600 8,771 7,600 0 0.00% 101-45200-101 101 Full -Time Employees Regular 16,589 21,368 19,220 20,270 13,019 49,860 29,590 145.98% 101-45200-102 102 Full -Time Employees Overtime 202 0 231 0 211 0 0 N/A 101-45200-103 103 Part -Time Employees 0 0 10,023 0 6,408 0 0 N/A 101-45200-104 104 Temporary Employees Regular 0 8,713 0 10,000 0 10,000 0 0.00% 101-45200-121 121 PERA 1,233 1,420 1,419 1,520 992 3,739 2,219 145.99% 101-45200-122 122 FICA 1,275 1,589 1,593 2,320 1,123 4,579 2,259 97.37% 101-45200-135 135 City Benefit Contribution 1,825 2,701 2,091 3,600 2,294 11,574 7,974 221.50% 101-45200-151 151 Worker's Comp Insurance Prem 809 740 1,490 1,890 1,418 4,594 2,704 143.07% Total Personal Services 21,933 36,530 36,067 39,600 25,464 84,346 44,746 112.99% Total Supplies & Maintenance 41,688 57,453 59,349 71,379 36,629 82,300 10,921 15.30% Professional Services 101-45200-319 319 Professional Services 405 9,645 8,699 1,140 6,312 1,140 0 0.00% Total Professional Services 405 9,645 8,699 1,140 6,312 1,140 0 0.00% Supplies & Maintenance 101-45200-212 212 Motor Fuels & Lubricants 0 0 19 0 0 0 0 N/A 101-45200-221 221 Equipment Parts & Accessories 2,247 1,629 908 0 959 500 500 N/A 101-45200-223 223 Bldg/Grounds Maint. Supplies 3,222 3,163 9,875 7,600 8,771 7,600 0 0.00% 101-45200-225 225 Misc Park Supplies 0 6,573 7,309 10,000 1,411 15,000 5,000 50.00% 101-45200-402 402 Repairs/Maint-Auto Equip 0 0 20 0 570 200 200 N/A 101-45200-403 403 Repairs/Maint-Misc. Equip 176 0 3,744 0 779 1,000 1,000 N/A 101-45200-404 404 Repairs/Maint-Bldgs/Grounds 36,043 46,088 37,472 53,779 24,140 58,000 4,221 7.85% Total Supplies & Maintenance 41,688 57,453 59,349 71,379 36,629 82,300 10,921 15.30% Professional Services 101-45200-319 319 Professional Services 405 9,645 8,699 1,140 6,312 1,140 0 0.00% Total Professional Services 405 9,645 8,699 1,140 6,312 1,140 0 0.00% City of Orono 2018 Line Item Budget Parks cont. 45200 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Other Expenses 101-45200-331 331 Travel Expenses 0 0 0 0 0 0 0 N/A 101-45200-381 381 Gas & Electric 406 416 290 550 47 550 0 0.00% 101-45200-415 415 Other Equipment Rentals 3,242 4,750 5,249 3,500 3,076 3,500 0 0.00% 101-45200-416 416 Software Licensing 0 0 0 0 0 1,000 1,000 N/A 101-45200-439 439 Meeting Expenses 0 0 0 0 0 0 0 N/A 101-45200-441 441 Licenses & Taxes 290 580 0 300 290 300 0 0.00% 101-45200-489 489 Other Miscellaneous Charges 0 0 186 0 30 0 0 N/A 101-45200-490 490 Contributions to Civic Org's 2,478 0 0 0 0 0 0 N/A Total Other Expenses 6,416 5,746 5,725 4,350 3,443 5,350 1,000 22.99% Parks Total 70,442 109,375 109,840 116,469 71,849 173,136 56,667 48.65% City of Orono 2018 Line Item Budget Golf Course 45210 Total Personal Services 82,047 78,214 87,566 93,970 61,507 84,533 (9,437) -10.04% Supplies & Maintenance Dollar % 201 Office supplies 215 2014 2015 2016 2017 Y -T -D 2018 Increase Increase 212 Motor Fuels & Lubricants 4,763 Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease 221 Personal Services 2,309 659 4,336 1,500 1,224 2,500 1,000 66.67% 101-45210-101 101 Full -Time Employees Regular 34,219 31,809 31,811 32,450 21,628 29,337 (3,113) -9.59% 101-45210-103 103 Part -Time Employees 35,323 41,073 49,914 53,340 34,340 19,262 (34,078) -63.89% 101-45210-104 104 Temporary Employees Regular 2,095 960 880 0 660 15,000 15,000 N/A 101-45210-121 121 PERA 408 0 0 0 821 2,200 2,200 N/A 101-45210-122 122 FICA 3,156 3,042 3,171 6,560 2,843 4,865 (1,695) -25.84% 101-45210-135 135 City Benefit Contribution 5,297 0 0 0 0 7,976 7,976 N/A 101-45210-142 142 Unemployment Benefit Payments 0 0 0 0 0 0 0 N/A 101-45210-143 143 OPEB Expense 0 0 0 0 0 0 0 N/A 101-45210-151 151 Worker's Comp Insurance Prem 1,548 1,330 1,790 1,620 1,215 5,893 4,273 263.77% Total Personal Services 82,047 78,214 87,566 93,970 61,507 84,533 (9,437) -10.04% Total Supplies & Maintenance 30,643 29,006 30,372 26,730 29,291 31,160 4,430 16.57% Supplies & Maintenance 101-45210-201 201 Office supplies 215 416 239 300 191 330 30 10.00% 101-45210-212 212 Motor Fuels & Lubricants 4,763 2,745 2,716 5,000 0 3,500 (1,500) -30.00% 101-45210-221 221 Equipment Parts & Accessories 2,309 659 4,336 1,500 1,224 2,500 1,000 66.67% 101-45210-223 223 Bldg/Grounds Maint. Supplies 4,958 6,044 7,411 4,500 5,990 6,800 2,300 51.11% 101-45210-226 226 Clothing & personal equipment 0 0 152 180 150 180 0 0.00% 101-45210-240 240 Small Tools and Minor Equip 0 195 59 500 110 500 0 0.00% 101-45210-401 401 Repairs/Maint-Office Equip 0 53 165 0 0 100 100 N/A 101-45210-402 402 Repairs/Maint-Auto Equip 0 267 185 250 37 250 0 0.00% 101-45210-403 403 Repairs/Maint-Misc. Equip 1,365 2,170 4,352 2,500 10,931 3,000 500 20.00% 101-45210-404 404 Repairs/Maint-Bldgs/Grounds 17,033 16,458 10,758 12,000 10,658 14,000 2,000 16.67% Total Supplies & Maintenance 30,643 29,006 30,372 26,730 29,291 31,160 4,430 16.57% Total Insurances 13,393 13,393 12,883 14,020 10,515 13,070 (950) -6.78% City of Orono Insurances 101-45210-361 361 General Liability Ins 101-45210-362 362 Umbrella Liability Ins 101-45210-365 365 Boiler & Machinery Ins 101-45210-366 366 Property Insurance 101-45210-367 367 Equipment Floaters Ins 101-45210-368 368 Automotive Insurance 101-45210-369 369 Dram Shop Insurance Total Insurances 13,393 13,393 12,883 14,020 10,515 13,070 (950) -6.78% City of Orono 101-45210-312 Dollar 2018 Line Item Budget 2017 Y -T -D Golf Course cont. Increase Increase 45210 Sep 30, 2017 2014 2015 2016 Actual Actual Actual 7,500 7,500 7,500 1,500 1,500 1,500 300 300 300 2,300 2,300 2,300 300 300 300 370 370 370 1,123 1,123 613 Total Insurances 13,393 13,393 12,883 14,020 10,515 13,070 (950) -6.78% Other Expenses 101-45210-312 Dollar % 2017 Y -T -D 2018 Increase Increase Budget Sep 30, 2017 Draft Budget Decrease Decrease 8,000 6,000 7,500 (500) -6.25% 1,500 1,125 1,500 0 0.00% 350 263 300 (50) -14.29% 2,650 1,988 2,300 (350) -13.21% 350 263 300 (50) -14.29% 370 278 370 0 0.00% 800 600 800 0 0.00% Total Insurances 13,393 13,393 12,883 14,020 10,515 13,070 (950) -6.78% Total Other Expenses 2,315 Other Expenses 101-45210-312 312 Bank Fees 101-45210-319 319 Professional Services 101-45210-321 321 Telephone 101-45210-331 331 Travel Expenses 101-45210-340 340 General Advertising 101-45210-352 352 Printing & Publishing 101-45210-381 381 Gas & Electric 101-45210-415 415 Other Equipment Rentals 101-45210-433 433 Memberships 101-45210-437 437 Training & Development 101-45210-440 440 Special Equipment Replacement 101-45210-441 441 Licenses & Taxes 101-45210-489 489 Other Miscellaneous Charges Total Other Expenses 2,315 4,365 4,962 4,000 1,501 5,000 1,000 25.00% 0 500 0 0 0 0 0 N/A 2,188 2,952 3,485 2,500 1,758 3,300 800 32.00% 0 0 0 0 0 0 0 N/A 715 1,519 500 1,750 500 1,750 0 0.00% 58 0 379 0 793 736 736 N/A 7,874 8,025 8,152 8,500 4,633 8,500 0 0.00% 8,399 7,529 10,012 9,500 10,028 9,882 382 4.02% 0 150 270 300 120 300 0 0.00% 0 19 0 150 0 150 0 0.00% 0 0 0 0 250 0 0 N/A 522 675 535 550 294 550 0 0.00% 56 0 119 0 17 0 0 N/A 22,127 25,733 28,414 27,250 19,893 30,168 2,918 10.71% Total Purchases for Resale Purchases for Resale 101-45210-090 090 PURCHASES FOR RESALE 101-45210-091 091 Beer For Resale 101-45210-092 092 Soft Drinks For Resale 101-45210-093 093 Concessions For Resale-Txbl 101-45210-094 094 Concessions For Resale-NonTax 101-45210-095 095 Pro Shop Items For Resale 101-45210-099 099 Other For Resale Total Purchases for Resale 12,705 13,107 11,111 10,700 9,634 13,900 3,200 29.91% Golf Course Total 160,915 159,454 170,346 172,670 130,840 172,831 161 0.09% City of Orono Dollar 2018 Line Item Budget 2017 Y -T -D Golf Course cont. Increase Increase 45210 Sep 30, 2017 2014 2015 2016 Actual Actual Actual 0 (696) 0 3,675 4,440 3,285 3,355 3,355 3,867 1,205 0 29 1,020 2,821 2,085 3,450 3,187 1,846 0 0 0 12,705 13,107 11,111 10,700 9,634 13,900 3,200 29.91% Golf Course Total 160,915 159,454 170,346 172,670 130,840 172,831 161 0.09% Dollar % 2017 Y -T -D 2018 Increase Increase Budget Sep 30, 2017 Draft Budget Decrease Decrease 0 0 0 0 N/A 3,000 3,045 3,800 800 26.67% 3,200 3,138 3,600 400 12.50% 1,500 980 1,500 0 0.00% 1,000 1,132 2,500 1,500 150.00% 2,000 1,340 2,500 500 25.00% 0 0 0 0 N/A 12,705 13,107 11,111 10,700 9,634 13,900 3,200 29.91% Golf Course Total 160,915 159,454 170,346 172,670 130,840 172,831 161 0.09% City of Orono 2018 Line Item Budget Special Services -Consulting & Police 43280 Dollar 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Special Services -Consulting & Police Total 178,075 103,456 123,018 95,750 113,402 95,750 0 0.00% Personal Services 101-43280-102 102 Full -Time Employees Overtime 42,265 29,115 24,210 35,000 25,085 35,000 0 0.00% 101-43280-121 121 PERA 5,986 3,989 2,252 5,250 2,704 5,250 0 0.00% 101-43280-122 122 FICA 544 376 319 500 319 500 0 0.00% 101-43280-135 135 City Benefit Contribution 17 4 4 0 0 0 0 N/A Total Personal Services 48,813 33,485 26,784 40,750 28,108 40,750 0 0.00% Professional Services 101-43280-304 304 Engineering -Consulting 62,254 48,859 73,173 45,000 78,969 45,000 0 0.00% 101-43280-307 307 Legal -Consulting 25,959 21,112 23,061 10,000 6,326 10,000 0 0.00% 101-43280-319 319 Professional Services 41,049 0 0 0 0 0 0 N/A 101-43280-800 800 Special Projects, Contingency 0 0 0 0 0 0 0 N/A Total Professional Services 129,262 69,971 96,234 55,000 85,294 55,000 0 0.00% Special Services -Consulting & Police Total 178,075 103,456 123,018 95,750 113,402 95,750 0 0.00% City of Orono 2018 Line Item Budget Special Projects -Contingencies 43290 Dollar % 2014 2015 2016 2017 Y -T -D 2018 Increase Increase Actual Actual Actual Budget Sep 30, 2017 Draft Budget Decrease Decrease Capital & Transfers Personal Services 101-43290-510 510 Land 101-43290-101 101 Full -Time Employees Regular 0 0 0 0 0 0 0 N/A 679,000 Total Personal Services 0 0 0 0 0 0 0 N/A 0 Professional Services 639 380,000 5,000 1.33% Contingency Items 101-43290-304 304 Engineering -Consulting 0 0 0 0 0 0 0 N/A 101-43290-319 319 Professional Services 0 0 0 0 0 0 0 N/A 0 Total Professional Services 0 0 0 0 0 0 0 N/A (35,990) Other Expenses GENERAL FUND TOTAL 7,320,435 7,565,334 6,987,717 7,988,364 4,900,103 8,187,901 199,537 101-43290-489 489 Other Miscellaneous Charges 0 0 0 0 0 0 0 N/A Total Other Expenses 0 0 0 0 0 0 0 N/A Capital & Transfers 101-43290-510 510 Land 0 0 0 0 639 0 0 N/A 101-43290-720 720 Operating Transfers 506,548 679,000 0 375,000 0 380,000 5,000 1.33% Total Capital & Transfers 506,548 679,000 0 375,000 639 380,000 5,000 1.33% Contingency Items 101-43290-800 800 Special Projects, Contingency 45,001 24,500 8,004 40,990 23,297 0 (40,990) -100.00% Total Contingency Items 45,001 24,500 8,004 40,990 23,297 0 (40,990) -100.00% Special Projects -Contingencies Total 551,549 703,500 8,004 415,990 23,937 380,000 (35,990) -8.65% GENERAL FUND TOTAL 7,320,435 7,565,334 6,987,717 7,988,364 4,900,103 8,187,901 199,537 2.50% Personal Services City Wide Memberships Other Expenses City Council Total PROGRAM DESCRIPTION & OBJECTIVES: 2017 General Fund Operating Budget Departmental Summary Mayor & Council 41110 91,700 91,446 83,240 46,263 85,150 1,910 2.29% The City Council oversees the policies and procedures that govern the city in promoting the health, safety, and general welfare of the citizens of Orono. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for City Council Representatives. *City-wide Memberships are as follows: Lake Minnetonka Conservation District 52,920 League of Minnesota Cities 7,750 Metro Cities 3,320 63,990 *Other Expenses includes training and meeting expenses Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) 19,590 19,682 19,640 9,821 19,660 20 0.10% 70,810 70,387 62,100 36,042 63,990 1,890 3.04% 1,300 1,376 1,500 401 1,500 0 0.00% 91,700 91,446 83,240 46,263 85,150 1,910 2.29% The City Council oversees the policies and procedures that govern the city in promoting the health, safety, and general welfare of the citizens of Orono. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for City Council Representatives. *City-wide Memberships are as follows: Lake Minnetonka Conservation District 52,920 League of Minnesota Cities 7,750 Metro Cities 3,320 63,990 *Other Expenses includes training and meeting expenses Administration Total 280,560 269,268 291,120 129,490 297,150 6,030 2.07% PROGRAM DESCRIPTION & OBJECTIVES: The Administration Department includes the City Administrator who is responsible for meeting satatutory and legal obligations, implementing policy established by the City Council and ensuring the successful management of all city operations. In addition the City Administrator is responsible for overseeing the human resource function. The City Clerk and Administrative Staff are also included in the Administration Department and perform various function such as customer service, general administrative duties, permits and licensing, elections, data practices, and record management. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the City Administrator and Administration Staff. *Professional Services includes the city recorder for city council meetings. *Other Expenses includes training and development, memberships in professional organizations for the Administrative Staff, and the City Administrator's car allowance. 2017 General Fund Operating Budget Departmental Summary Administration 41300 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Personal Services 261,260 251,211 272,520 121,308 278,850 6,330 2.32% Supplies & Maintenance 300 286 300 0 300 0 0.00% Professional Serivices 6,000 5,485 6,000 2,250 6,000 0 0.00% Other Expenses 13,000 12,286 12,300 5,932 12,000 (300) -2.44% Administration Total 280,560 269,268 291,120 129,490 297,150 6,030 2.07% PROGRAM DESCRIPTION & OBJECTIVES: The Administration Department includes the City Administrator who is responsible for meeting satatutory and legal obligations, implementing policy established by the City Council and ensuring the successful management of all city operations. In addition the City Administrator is responsible for overseeing the human resource function. The City Clerk and Administrative Staff are also included in the Administration Department and perform various function such as customer service, general administrative duties, permits and licensing, elections, data practices, and record management. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the City Administrator and Administration Staff. *Professional Services includes the city recorder for city council meetings. *Other Expenses includes training and development, memberships in professional organizations for the Administrative Staff, and the City Administrator's car allowance. Personal Services Supplies & Maintenance Other Expenses 2017 General Fund Operating Budget Departmental Summary Elections 41410 2015 2015 2016 Budget Actual Budget 0 0 12,960 2,000 0 2,500 400 316 2,670 Elections Total 2,400 PROGRAM DESCRIPTION & OBJECTIVES: 316 18,130 Increase Decrease -91.05% -20.00% -100.00% 1,832 3,160 (14,970) -82.57% The Elections Department administers all federal, state, county, and municipal elections held in the city. Temporary election judges are hired to provide the necessary staffing at polling locations, and for the operation of voting machines. The Administrative Staff provides supervision to the election judges as needed and maintains election records. OPERATING COST ACTIVITIES: *Personal Services are the wages for the temporary election judges. 2016 is an election year. *Other expenses include professional services, postage, travel expenses, advertising, building/equipment rental, training, meeting expenses and other miscellaneous expenses. Dollar Y -T -D 2017 Increase Jun 30, 2016 Draft Budget Decrease 0 1,160 (11,800) 1,832 2,000 (500) 0 0 (2,670) Increase Decrease -91.05% -20.00% -100.00% 1,832 3,160 (14,970) -82.57% The Elections Department administers all federal, state, county, and municipal elections held in the city. Temporary election judges are hired to provide the necessary staffing at polling locations, and for the operation of voting machines. The Administrative Staff provides supervision to the election judges as needed and maintains election records. OPERATING COST ACTIVITIES: *Personal Services are the wages for the temporary election judges. 2016 is an election year. *Other expenses include professional services, postage, travel expenses, advertising, building/equipment rental, training, meeting expenses and other miscellaneous expenses. Assessing Contract 2017 General Fund Operating Budget Departmental Summary Assessing 41550 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease 160,000 166,074 180,000 0 180,000 0 0.00% Assessing Total 160,000 166,074 180,000 0 180,000 PROGRAM DESCRIPTION & OBJECTIVES: The City maintains a renewable contract agreement with Hennepin County to provide Assessing services. 0 0.00 2017 General Fund Operating Budget Departmental Summary Finance Department 41500 Finance Total 318,620 307,892 322,320 151,181 323,670 1,350 PROGRAM DESCRIPTION & OBJECTIVES Increase Decrease 0.42% N/A N/A 0.65% 0.42% The Finance Department oversees the City's financial operations, insurances, and employee benefits. It is responsible for preparing the budget document and annual report in accordance with generally accepted accounting principles. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Finance Department Staff. *Other Expenses includes training and development, and memberships in professional organizations for the Finance Staff. Dollar 2015 2015 2016 Y -T -D 2017 Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Personal Services 317,140 306,544 320,790 150,856 322,130 1,340 Supplies & Maintenance 0 0 0 0 0 Professional Services 0 0 0 0 0 Other Expenses 1,480 1,347 1,530 325 1,540 10 Finance Total 318,620 307,892 322,320 151,181 323,670 1,350 PROGRAM DESCRIPTION & OBJECTIVES Increase Decrease 0.42% N/A N/A 0.65% 0.42% The Finance Department oversees the City's financial operations, insurances, and employee benefits. It is responsible for preparing the budget document and annual report in accordance with generally accepted accounting principles. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Finance Department Staff. *Other Expenses includes training and development, and memberships in professional organizations for the Finance Staff. 2017 General Fund Operating Budget Departmental Summary Law/Legal Services 41600 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Professional Services 97,500 96,581 102,500 47,119 104,000 1,500 1.46% Law/Legal Services Total 97,500 96,581 102,500 47,119 104,000 1,500 1.46% PROGRAM DESCRIPTION & OBJECTIVES: The City maintains a renewable contract agreement with two local legal firms to provide legal services. The Legal Department provides professional representation and opinion on city services and operations. OPERATING COST ACTIVITIES: *Professional Services includes the costs associated with the contract with legal staff, prosecution costs, code enforcement, and jail charges. Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% PROGRAM DESCRIPTION & OBJECTIVES: The Central Services Department provides for those operating expenses that encompass all city departments. By consolidating these expenditures, the City can more accurately determine the effectiveness of the costs and benefits provided. The City maintains a renewable contract agreement with an outside janitorial service for general cleaning and upkeep of city facilities. The Central Services Department also pays for a portion of the costs associated with the annual audit. OPERATING COST ACTIVITIES: *Supplies & Maintenance include the operating supplies and maintenance expenses on city equipment and facilities. *Other Expenses includes utilities, publishing costs, copier leases, and other miscellaneous charges related to city operations. *Insurance Expenses includes a portion of the City's general and liability insurance costs. *Professional Services includes annual audit expenses and fees associated with administering city benefit plans. 2017 General Fund Operating Budget Departmental Summary Central Services 41900 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Supplies & Maintenance 79,200 89,511 83,770 45,632 96,200 12,430 14.84% Professional Services 35,000 31,690 32,000 27,147 38,000 6,000 18.75% Insurances 30,200 30,200 30,200 15,100 30,200 0 0.00% Other Expenses 94,650 89,154 98,500 52,287 101,500 3,000 3.05% Capital Outlay & Transfers 0 0 0 0 0 0 N/A Central Services Total 239,050 240,555 244,470 140,165 265,900 21,430 8.77% PROGRAM DESCRIPTION & OBJECTIVES: The Central Services Department provides for those operating expenses that encompass all city departments. By consolidating these expenditures, the City can more accurately determine the effectiveness of the costs and benefits provided. The City maintains a renewable contract agreement with an outside janitorial service for general cleaning and upkeep of city facilities. The Central Services Department also pays for a portion of the costs associated with the annual audit. OPERATING COST ACTIVITIES: *Supplies & Maintenance include the operating supplies and maintenance expenses on city equipment and facilities. *Other Expenses includes utilities, publishing costs, copier leases, and other miscellaneous charges related to city operations. *Insurance Expenses includes a portion of the City's general and liability insurance costs. *Professional Services includes annual audit expenses and fees associated with administering city benefit plans. 2017 General Fund Operating Budget Departmental Summary Human Services 41800 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Contributions 12,400 11,997 12,400 0 12,400 0 0.00% Human Services Total 12,400 11,997 12,400 0 12,400 0 0.00% PROGRAM DESCRIPTION & OBJECTIVES: The Human Services Department is comprised of area organizations that provide equal opportunity in employment, housing, public services, and education. The City maintains an affiliation with these organizations to ensure a strong relationship with area communities and their citizens. OPERATING COST ACTIVITIES: *Contributions are the contributions made to Human Service Organizations in the Orono area. Organizations include: The Gillespie Center 9,500 Orono Community Education 2,900 12,400 Police Total 3,971,675 3,737,312 4,076,850 1,796,309 4,236,760 159,910 3.92% PROGRAM DESCRIPTION & OBJECTIVES: The Police Department provides for the public safety within Orono and several surrounding communities. This is accomplished through preventive patrol, traffic enforcement, education, criminal investigation and prosecution. Through renewable contract agreements, the city provides police services to the communities of Spring Park, Minnetonka Beach, and Mound. Due to the nature of these cooperative agreements, the Police Department operates, and is budgeted for as a 'cost center'. This enables the City to accurately determine the portion of operating costs that pertain to each contract city. *Personal Services include the wages and employment taxes for the Police Department. *Supplies & Maintenance include the operating supplies and maintenance expenses on police equipment and facilities. *Other Expenses includes utilities, fuel, publishing costs, copier leases, and other miscellaneous charges related to police operations. *Insurance Expenses includes a portion of the City's general, liability, and auto insurance costs. *Professional Services includes the police records system, internet, animal care, and medical and psychological evaluations for new officers. 2017 General Fund Operating Budget Departmental Summary Police Department 42110 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 3,197,850 3,120,780 3,296,420 1,434,325 3,446,070 149,650 4.54% Supplies & Maintenance 292,300 192,860 283,800 104,786 282,300 (1,500) -0.53% Professional Services 102,150 84,190 110,750 42,310 119,810 9,060 8.18% Insurances 55,000 55,000 55,000 27,500 55,000 0 0.00% Other Expenses 126,075 110,434 128,880 59,972 129,580 700 0.54% Capital Outlay 198,300 174,048 202,000 127,417 204,000 2,000 0.99% Police Total 3,971,675 3,737,312 4,076,850 1,796,309 4,236,760 159,910 3.92% PROGRAM DESCRIPTION & OBJECTIVES: The Police Department provides for the public safety within Orono and several surrounding communities. This is accomplished through preventive patrol, traffic enforcement, education, criminal investigation and prosecution. Through renewable contract agreements, the city provides police services to the communities of Spring Park, Minnetonka Beach, and Mound. Due to the nature of these cooperative agreements, the Police Department operates, and is budgeted for as a 'cost center'. This enables the City to accurately determine the portion of operating costs that pertain to each contract city. *Personal Services include the wages and employment taxes for the Police Department. *Supplies & Maintenance include the operating supplies and maintenance expenses on police equipment and facilities. *Other Expenses includes utilities, fuel, publishing costs, copier leases, and other miscellaneous charges related to police operations. *Insurance Expenses includes a portion of the City's general, liability, and auto insurance costs. *Professional Services includes the police records system, internet, animal care, and medical and psychological evaluations for new officers. 2017 General Fund Operating Budget Departmental Summary Fire Protection Services 42260 PROGRAM DESCRIPTION & OBJECTIVES: The Fire Department is comprised of renewable contract agreements with the surrounding communities of Long Lake and Wayzata, for fire suppression services. OPERATING COST ACTIVITIES: *Professional Services are the costs associated with the contract agreements with Long Lake and Wayzata. Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Professional Services 387,000 383,856 395,150 211,166 397,000 1,850 0.47% Fire Protection Services Total 387,000 383,856 395,150 211,166 397,000 1,850 0.47% PROGRAM DESCRIPTION & OBJECTIVES: The Fire Department is comprised of renewable contract agreements with the surrounding communities of Long Lake and Wayzata, for fire suppression services. OPERATING COST ACTIVITIES: *Professional Services are the costs associated with the contract agreements with Long Lake and Wayzata. Building & Zoning Total 686,500 670,933 707,050 314,358 762,470 55,420 7.84% PROGRAM DESCRIPTION & OBJECTIVES: The Planning & Zoning Department oversees the development and redevelopment within the City in accordance with established policies and guidelines. The policies and guidelines have been created and are enforced to maintain the health, safety, and welfare of the public, as well as the aesthetics of the community. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for Planning and Zoning Staff *Professional Services include engineering and legal consulting services related to Planning and Zoning. *Other Expenses includes training and development, and memberships in professional organizations for the Planning & Zoning Staff. 2017 General Fund Operating Budget Departmental Summary Building & Zoning 42400 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Personal Services 586,100 548,032 577,800 266,141 581,420 3,620 0.63% Supplies & Maintenance 2,500 2,587 3,100 142 6,200 3,100 100.00% Professional Services 93,500 116,315 121,000 46,164 161,000 40,000 33.06% Other Expenses 4,400 4,000 5,150 1,911 13,850 8,700 168.93% Building & Zoning Total 686,500 670,933 707,050 314,358 762,470 55,420 7.84% PROGRAM DESCRIPTION & OBJECTIVES: The Planning & Zoning Department oversees the development and redevelopment within the City in accordance with established policies and guidelines. The policies and guidelines have been created and are enforced to maintain the health, safety, and welfare of the public, as well as the aesthetics of the community. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for Planning and Zoning Staff *Professional Services include engineering and legal consulting services related to Planning and Zoning. *Other Expenses includes training and development, and memberships in professional organizations for the Planning & Zoning Staff. 2017 General Fund Operating Budget Departmental Summary Engineering 43170 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget Decrease Decrease Professional Services 25,000 17,080 20,000 4,413 20,000 0 0.00% Engineering Total 25,000 17,080 20,000 4,413 20,000 0 PROGRAM DESCRIPTION & OBJECTIVES: The City maintains a renewable contract with a local firm to provide all engineering services. The Engineering Department provides professional representation and opinion on city services and operations. OPERATING COST ACTIVITIES: *Professional Services are the costs associated with the contract agreement with the engineering firm. 0.00 PROGRAM DESCRIPTION & OBJECTIVES: The Street Department provides for the maintainance of all city streets to ensure a safe and driveable condition. Standard maintenance includes seal -coating, patching, snow plowing, and sweeping. Due to its excess storage capacity, the City maintains cooperative agreements with surrounding communities for storage and sale of salt/sand supplies. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Public Works Department. *Supplies & Maintenance include general operating supplies for street repair/maintenance, and vehicle and equipment maintenance. *Other Expenses include electricity costs for street lighting and employee development. 2017 General Fund Operating Budget Departmental Summary Public Works Department 43000 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 304,310 290,179 289,550 125,057 331,500 41,950 14.49% Supplies & Maintenance 219,450 172,695 173,060 51,873 133,695 (39,365) -22.75% Professional Services 0 641 0 0 0 0 N/A Other Expenses 30,680 32,724 31,220 12,394 34,630 3,410 10.92% Public Works Total 554,440 496,239 493,830 189,323 499,825 5,995 1.21% PROGRAM DESCRIPTION & OBJECTIVES: The Street Department provides for the maintainance of all city streets to ensure a safe and driveable condition. Standard maintenance includes seal -coating, patching, snow plowing, and sweeping. Due to its excess storage capacity, the City maintains cooperative agreements with surrounding communities for storage and sale of salt/sand supplies. OPERATING COST ACTIVITIES: *Personal Services include the wages and employment taxes for the Public Works Department. *Supplies & Maintenance include general operating supplies for street repair/maintenance, and vehicle and equipment maintenance. *Other Expenses include electricity costs for street lighting and employee development. Personal Services Supplies & Maintenance Professional Services Other Expenses 2017 General Fund Operating Budget Departmental Summary Parks 45200 2015 2015 2016 Budget Actual Budget 36,050 36,530 38,970 54,000 57,453 64,000 11,000 9,645 1,000 4,050 5,746 4,150 Increase (Decrease) 1.62% 11.53% 14.00% 4.82% Parks Total 105,100 109,375 108,120 40,484 116,469 8,349 7.72% PROGRAM DESCRIPTION & OBJECTIVES: The Parks & Recreation Department provides for the maintainance of the City's parks. In addition, the city participates in a joint recreation program with area organizations to ensure a community -wide effort in providing adequate recreational facilities. OPERATING COST ACTIVITIES: *Personal Services includes the wages and employment taxes for the Parks Department. *Supplies & Maintenance includes the operating supplies and maintenance for all park facilities. *Other Expenses includes the costs associated with the City's participation with Orono Community Education, and equipment rental. Dollar Y -T -D 2017 Increase Jun 30, 2016 Draft Budget (Decrease) 17,063 39,600 630 21,674 71,379 7,379 495 1,140 140 1,251 4,350 200 Increase (Decrease) 1.62% 11.53% 14.00% 4.82% Parks Total 105,100 109,375 108,120 40,484 116,469 8,349 7.72% PROGRAM DESCRIPTION & OBJECTIVES: The Parks & Recreation Department provides for the maintainance of the City's parks. In addition, the city participates in a joint recreation program with area organizations to ensure a community -wide effort in providing adequate recreational facilities. OPERATING COST ACTIVITIES: *Personal Services includes the wages and employment taxes for the Parks Department. *Supplies & Maintenance includes the operating supplies and maintenance for all park facilities. *Other Expenses includes the costs associated with the City's participation with Orono Community Education, and equipment rental. Personal Services Supplies & Maintenance Insurances Other Expenses Purchases for Resale 2017 General Fund Operating Budget Departmental Summary Golf Course 45210 2015 2015 2016 Budget Actual Budget 77,540 78,214 81,940 26,925 29,006 25,980 12,830 13,393 12,270 22,700 25,733 22,950 8,000 13,107 9,500 Golf Course Total 147,995 159,454 152,640 77,586 172,670 20,030 13.12% PROGRAM DESCRIPTION & OBJECTIVES: The Golf Course provides a golfing opportunity for both residents and visitors to the City. OPERATING COST ACTIVITIES: Personal Services include the wages and employment taxes for the Golf Course. Supplies & Maintenance include general operating supplies for the course and equipment reapirs and maintenance. Insurances include the golf courses share of the City's general, liability, liquor, and auto insurance polices. Other Expenses include utilities, golf cart rental, and advertising. Purchase for Resale are items that are food, beverage, clothing and golf supplies that are sold in the clubhouse. Dollar % Y -T -D 2017 Increase Increase Jun 30, 2016 Draft Budget (Decrease) (Decrease) 37,632 93,970 12,030 14.68% 20,355 26,730 750 2.89% 6,748 14,020 1,750 14.26% 7,100 27,250 4,300 18.74% 5,751 10,700 1,200 12.63% Golf Course Total 147,995 159,454 152,640 77,586 172,670 20,030 13.12% PROGRAM DESCRIPTION & OBJECTIVES: The Golf Course provides a golfing opportunity for both residents and visitors to the City. OPERATING COST ACTIVITIES: Personal Services include the wages and employment taxes for the Golf Course. Supplies & Maintenance include general operating supplies for the course and equipment reapirs and maintenance. Insurances include the golf courses share of the City's general, liability, liquor, and auto insurance polices. Other Expenses include utilities, golf cart rental, and advertising. Purchase for Resale are items that are food, beverage, clothing and golf supplies that are sold in the clubhouse. 2017 General Fund Operating Budget Departmental Summary Special Services -Consulting & Police 43280 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 34,930 33,485 40,750 8,658 40,750 0 0.00% Professional Services 35,000 69,971 55,000 22,551 55,000 0 0.00% Special Services -Consulting & Police Total 69,930 103,456 95,750 31,209 95,750 0 0.00% PROGRAM DESCRIPTION & OBJECTIVES: The Special Services Department provides a separate 'cost center' for tracking city -provided consulting and Police special service details. Orono residentswho apply for land use variations are subject to be billed for any additional staff, legal, and engineering time that is spent reviewing their application. Thesecharges are recorded in this departmental budget, and the applicants are subsequently billed for this additional time. Orono businesses or residentswho wish to contract with the city for Police security or traffic control are billed for the officers time. The City's costs are recorded in this departmental budget, and are offset by the revenues received from the requesting parties. OPERATING COST ACTIVITIES (Reimbursed): *Personal Services include Police Officer overtime wages for security work and/or traffic control. *Professional Services include legal and engineering review expense for land use applications. Special Projects -Contingencies Total 430,000 703,500 405,000 1,356 415,990 10,990 2.71% PROGRAM DESCRIPTION & OBJECTIVES: The Special Projects & Contingencies Department includes funds allocated for planned projects or events that benefit the entire city, and for any unforseen circumstances that produces additional expenses. This department also provides for operating transfers to other funds. OPERATING COST ACTIVITIES: * Transfers are as follows: Improvement and Equipment Outlay Fund 2014 Improvement Bond Debt Service Fund 250,000 *Contingency Items is an amount for unbudgeted and unforseen items that require action before the next budget cycle. GENERAL FUND TOTAL 7,579,870 7,565,334 7,708,570 3,241,652 7,988,364 279,794 3.63% 2017 General Fund Operating Budget Departmental Summary Special Projects -Contingencies 43290 Dollar 2015 2015 2016 Y -T -D 2017 Increase Increase Budget Actual Budget Jun 30, 2016 Draft Budget (Decrease) (Decrease) Personal Services 0 0 0 0 0 0 N/A Professional Services 0 0 0 0 0 0 N/A Other Expenses 0 0 0 0 0 0 N/A Capital & Transfers 390,000 679,000 365,000 0 375,000 10,000 2.74% Contingency Items 40,000 24,500 40,000 1,356 40,990 990 2.48% Special Projects -Contingencies Total 430,000 703,500 405,000 1,356 415,990 10,990 2.71% PROGRAM DESCRIPTION & OBJECTIVES: The Special Projects & Contingencies Department includes funds allocated for planned projects or events that benefit the entire city, and for any unforseen circumstances that produces additional expenses. This department also provides for operating transfers to other funds. OPERATING COST ACTIVITIES: * Transfers are as follows: Improvement and Equipment Outlay Fund 2014 Improvement Bond Debt Service Fund 250,000 *Contingency Items is an amount for unbudgeted and unforseen items that require action before the next budget cycle. GENERAL FUND TOTAL 7,579,870 7,565,334 7,708,570 3,241,652 7,988,364 279,794 3.63% Exhibit C - Tax Impact City of Orono Local Levy 2018 Over / Under 2017 2017 2018 Amount Percent TAX LEVIES General Fund $ 4,197,240 $ 4,345,951 $148,711 3.54% Pavement Management $ 253,000 $ 383,000 $130,000 51.38% GO Improvement 2010 $ 133,460 $ 130,470 -$2,990 -2.24% GO Improvement 2014 $ 428,700 $ 174,000 -$254,700 -59.41% GO Improvement 2016 $ 192,830 $ 406,530 $213,700 110.82% Total Local Tax Capacity Rate $5,205,230 $5,439,951 $234,721 4.51% TAX CAPACITY Net Tax Capacity (To calculate rate) LOCAL LEVY Total levy all funds TAX CAPACITY RATES General Revenue Pavement Management Levy GO Improvement 2010 GO Improvement 2014 GO Improvement 2016 Actual Estimated 2017 2018 $30,902,466 $32,911,860 $5,205,230 $5,439,951 13.582% 13.205% 0.819% 1.164% 0.432% 0.396% 1.387% 0.529% 0.624% 1.235% Exhibit C - Tax Impact 2017 Over / Under 2018 Amount Percent ylL,VV V,V VT V.VV /V $234,721 -0.377 0.345 -0.035 -0.859 Total Local Tax Capacity Rate 16.844% 16.529% -0.315 4.51% Levy Increase Tax Capacity (N Tax Capacity R� Net City Tax $ Increase from % Increase frorr Exhibit C - Tax Impact Effect of 2018 Tax Levy & Budget on Residential Properties No Change in Value Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes no change in value Actual Estimated Actual Estimated Actual Estimated Actual Estimated 2017 2018 2017 2018 2017 2018 2017 2018 Value $250,000 $250,000 $500,000 $500,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 MVE $14,740 $14,740 $0 $0 $0 Tax Value $235,260 $235,260 $500,000 $500,000 $1,000,000 $1,000,0001 $2,000,000 $2,000,000 4.49% 4.49% 4.49% 4.49% et) 2,353 2,353 5,000 5,000 11,250 11,250 23,750 23,750 ate 16.844% 16.529% 16.844% 16.529% 16.844% 16.529% 16.844% 16.529% $396.34 $388.93 $842.20 $826.45 $1,894.95 $1,859.51 $4,000.45 $3,925.64 2017 -$7.41 -$15.75 -$35.44 -$74.81 12017 -1.87% -1.87% -1.87% -1.87% Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes no change in value Levy Increase Tax Capacity (N Tax Capacity R� Net City Tax $ Increase from % Increase frorr Exhibit C - Tax Impact Effect of 2018 Tax Levy & Budget on Residential Properties 5.0% Increase in Value Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% Increase in value Actual Estimated Actual Estimated Actual Estimated Actual Estimated 2017 2018 2017 2018 2017 2018 2017 2018 Value $250,000 $262,500 $500,000 $525,000 $1,000,000 $1,050,000 $2,000,000 $2,100,000 MVE $14,740 $13,615 $0 $0 $0 Tax Value $235,260 $248,885 $500,000 $525,000 $1,000,000 $1,050,0001 $2,000,000 $2,100,000 4.49% 4.49% 4.49% 4.49% et) 2,353 2,489 5,000 5,313 11,250 11,875 23,750 25,000 ate 16.844% 16.529% 16.844% 16.529% 16.844% 16.529% 16.844% 16.529% $396.34 $411.41 $842.20 $878.10 $1,894.95 $1,962.82 $4,000.45 $4,132.25 2017 $15.07 $35.90 $67.87 $131.80 12017 3.80% 4.26% 3.58% 3.29% Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% Increase in value Levy Increase Tax Capacity (N Tax Capacity R� Net City Tax $ Increase from % Increase frorr Exhibit C - Tax Impact Effect of 2018 Tax Levy & Budget on Residential Properties 5.0% Decrease in Value Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% decrease in value Actual Estimated Actual Estimated Actual Estimated Actual Estimated 2017 2018 2017 2018 2017 2018 2017 2018 Value $250,000 $237,500 $500,000 $475,000 $1,000,000 $950,000 $2,000,000 $1,900,000 MVE $14,740 $15,865 $0 $0 $0 Tax Value $235,260 $221,635 $500,000 $475,000 $1,000,000 $950,0001 $2,000,000 $1,900,000 4.49% 4.49% 4.49% 4.49% et) 2,353 2,271 5,000 4,688 11,250 10,625 23,750 22,500 ite 16.844% 16.529% 16.844% 16.529% 16.844% 16.529% 16.844% 16.529% $396.34 $375.37 $842.20 $774.80 $1,894.95 $1,756.21 $4,000.45 $3,719.03 2017 -$20.97 -$67.40 -$138.74 -$281.43 12017 -5.29% -8.00% -7.32% -7.03% Tax Capacity (net) = 1 % of first $500,000 market value, plus 1.25% of all value over $500,000 ** Assumes a 5.0% decrease in value Exhibit D - Resolutions A RESOLUTION ADOPTING THE PRELIMINARY 2017 TAX LEVY COLLECTIBLE IN 2018 BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the following sums be levied for the current year, collectible in 2015 upon the taxable property in the City of Orono, for the following purposes: General Fund - Operating $4,345,951 Pavement Management Levy 383,000 G.O Improvement Bond 2010 130,470 G.O. Improvement Bond 2014 174,000 G.O. Improvement Bond 2016 406,530 TOTAL ALL LEVIES 5439 951 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 25, 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Exhibit D - Resolutions A RESOLUTION TO ADOPT THE PRELIMINARY 2017 GENERAL FUND BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the preliminary 2017 General Fund budget is determined to be as follows: ESTIMATED REVENUES Taxes - General $4,345,951 Licenses and Permits 466,650 Intergovernmental 240,220 Charges for Services 2,791,480 Fines and Forfeits 80,100 Interest Income 54,500 Recreation Fees 170,000 Miscellaneous 39,000 TOTAL 8 187 901 APPROPRIATED EXPENDITURES General Government $1,327,003 Public Safety 5,347,823 Street Maintenance 525,857 Parks and Recreation 345,967 Engineering - Unallocated 15,000 Reimbursable Expenditures 95,750 Special Projects and Contingency 0 Capital Outlay 150,501 Transfers to Other Funds 380,000 TOTAL 8 187 901 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 25, 2017. ATTEST: Anna Carlson, City Clerk Dermis Walsch, Mayor AGENDA ITEM Item No.: 16 Date: September 25, 2017 Item Description: Carman Bay Lake Improvement District Levy Presenter: Ron Olson Agenda City Administrator's Finance Director Section: Report 1. Purpose. The purpose of this agenda item is to adopt a Resolution Levying the Assessment Roll for the Carman Bay Lake Improvement District. 2. Background. On July 24th, 2017 the Orono City Council passed resolution number 6871, A Resolution Approving the Establishment of the Carman Bay Lake Improvement District. On September 7th, 2017 the newly created district held its annual meeting and adopted its 2018 budget and tax levy. The district has forwarded the assessment roll to the City for certification to Hennepin County. 3. Staff Recommendation. Staff recommends the adoption of the attached resolution levying the Assessment Roll for the St. Alban's Bay Lake Improvement District. COUNCIL ACTION REQUESTED Motion to adopt the Resolution Levying the Assessment Roll for the Carman Bay Lake Improvement District. Exhibits Exhibit A. Resolution Exhibit B. Tax Levy by PID Exhibit C. Special Meeting Minutes 09-07-17 Exhibit D. Bylaws Prepared By: R. Olson Reviewed By: -1)X Approved By: 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION CERTIFYING THE ASSESSMENT ROLL OF THE CARMAN BAY LAKE IMPROVEMENT DISTRICT Whereas, The Carman Bay Lake Improvement District has adopted its 2018 budget and tax levy; and Whereas, The district has forwarded the assessment roll to the City for approval; and Whereas, Hennepin County requires the City to approve the assessment roll for certification to the property tax rolls. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the costs totaling $20,600, on the 2017 property tax rolls, payable in 2018. ADOPTED by the City Council of the City of Orono, Minnesota, this 25th day of September, 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor City of Orono Tax Assessment for 2018 House # Street 2525 Kelly Ave 2545 3555 3565 3585 2474 2480 2509 2515 2523 2497 2499 2501 2503 2440 2450 2507 2414 2490 2470 2697 2695 3225 3245 3265 3275 3285 3295 3300 2565 2585 2587 2605 2655 2625 2500 2530 2528 2510 2520 2590 2480 2540 2660 2684 2726 2691 2690 Kelly Ave Frederick St Frederick St Frederick St Carman St Carman St Kelly Ave Kelly Ave Kelly Ave Kelly Ave Kelly Ave Kelly Ave Kelly Ave Carman St Carman St Kelly Ave Carman St Carman St Carman St Kelly Ave Kelly Ave Carman Rd Carman Rd Carman Rd Carman Rd Carman Rd Carman Rd Carman Rd Kelly Ave Kelly Ave Kelly Ave Kelly Ave Kelly Ave Kelly Ave Casco Point Rd Casco Point Rd Casco Point Rd Casco Point Rd Casco Point Rd Casco Point Rd Casco Point Rd Casco Point Rd Casco Point Rd Casco Point Rd Caroline Ave Caroline Ave Caroline Ave Special Assessment Certification Rolls Carman Bay Lake Improvement District Adopted by CBLID board on September 7, 2017 PID Catagory Total Principal 2011723110022 Is $200.00 20117231100231s $200.00 20117231200171s $200.00 20117231200181s $200.00 201117231200251s $200.00 20117231200271s $200.00 201117231200281s $200.00 20117231200371s $200.00 20117231200381s $200.00 20117231200391s $200.00 2011723120051 cove $150.00 2011723120052 cove $150.00 2011723120053 cove $150.00 2011723120054 cove $150.00 2011723120058 cove $150.00 2011723120059 cove $150.00 2011723120063 cove $150.00 2011723120064 cove $150.00 20117231200651s $200.00 20117231200661s $200.00 2011723140007 cove $150.00 2011723140008 cove $150.00 2011723140009 cove $150.00 2011723140010 cove $150.00 2011723140011 cove $150.00 20117231400121s $200.00 20117231400131s $200.00 20117231400141s $200.00 201117231400151s $200.00 201117231400191s $200.00 20117231400201s $200.00 201117231400211s $200.00 201117231400221s $200.00 20117231400251s $200.00 20117231400261s $200.00 20117232100101s $200.00 20117232100141s $200.00 201172321100151s $200.00 201117232100161s $200.00 201117232100171s $200.00 201117232100341s $200.00 201117232100371s $200.00 201117232100381s $200.00 2011723240002 Is $200.00 201117232400031s $200.00 201117232400051s $200.00 20117232400251s $200.00 20117232400331s $200.00 2696 Caroline Ave 201117232400341s $200.00 2618 Casco Point Rd 20117232400381s $200.00 2648 Casco Point Rd 20117232400391s $200.00 2732 Caroline Ave 20117232400411s $200.00 2600 Casco Point Rd 20117232400431s $200.00 2696 Ethel Ave 201117232400441s $200.00 2697 Ethel Ave 20117232400451s $200.00 2691 Ethel Ave 201117232400461s $200.00 2914 Casco Point Rd 2011723310031 cove $150.00 2916 Casco Point Rd 2011723310032 cove $150.00 2920 Casco Point Rd 2011723310033 cove $150.00 2930 Casco Point Rd 2011723310034 cove $150.00 2940 Casco Point Rd 2011723310035 cove $150.00 2948 Casco Point Rd 2011723310036 cove $150.00 2990 Casco Point Rd 2011723310038 cove $150.00 3700 Casco Ave 201117233100401s $200.00 3630 Casco Ave 201117233100411s $200.00 3600 Casco Ave 20117233100421s $200.00 3650 Casco Ave 20117233100431s $200.00 2970 Casco Point Rd 2011723310060 cove $150.00 2980 Casco Point Rd 2011723310061 cove $150.00 3020 Casco Point Rd 2011723340025 cove $150.00 3026 Casco Point Rd 2011723340026 cove $150.00 7100 Wayzata Blvd #200 2011723420001 undeveloped $100.00 7100 Wayzata Blvd #200 2011723420002 undeveloped $100.00 7100 Wayzata Blvd #200 2011723420003 undeveloped $100.00 3550 Ivy PI 201117234200161s $200.00 3548 Ivy PI 2011723420017 Is $200.00 3546 Ivy PI 201117234200181s $200.00 3534 Ivy PI 20117234200191s $200.00 3516 Ivy PI 201117234200221s $200.00 3560 Ivy PI 201117234200271s $200.00 3486 Ivy PI 20117234200311s $200.00 3532 Ivy PI 20117234200331s $200.00 3545 Ivy PI 2011723420034 cove $150.00 3535 Ivy PI 2011723420035 cove $150.00 3508 Ivy PI 201117234200361s $200.00 3229B Casco Circle 201117234300031s $200.00 3229 Casco Circle 20117234300041s $200.00 3466 Ivy PI 201117234300061s $200.00 3251 Casco Circle 201117234300071s $200.00 3249 Casco Circle 201117234300081s $200.00 3247 Casco Circle 20117234300091s $200.00 3243 Casco Circle 20117234300101s $200.00 3237 Casco Circle 20117234300131s $200.00 3235 Casco Circle 20117234300141s $200.00 3233 Casco Circle 201 1 7234300 1 5 Is $200.00 3231 Casco Circle 201117234300161s $200.00 3241 Casco Circle 201117234300501s $200.00 3034 Casco Point Rd 2011723430051 cove $150.00 3030 Casco Point Rd 2011723430052 cove $150.00 2702 Walters Port Ln 2111723230039 cove $150.00 2701 Kelly Ave 2111723230040 cove $150.00 2699 Kelly Ave 2111723230041 cove $150.00 2703 Walters Port Ln 2111723230042 cove $150.00 2705 Walters Port Ln 2111723230043 cove $150.00 2707 Walters Port Ln 2111723230044 cove $150.00 2709 Walters Port Ln 21117232300451s $200.00 2710 Pence Ln 2111723230051 Is $200.00 2791 Pheasant Rd 2111723320001 Is $200.00 2795 Pheasant Rd 2111723320002 Is $200.00 2799 Pheasant Rd 2111723320003 Is $200.00 2800 Pheasant Rd 21117233200041s $200.00 2789 Pheasant Rd 21117233200051s $200.00 2715 Pence Ln 21117233200071s $200.00 total $20,600.00 CBLID Special Meeting Meeting Minutes Date: Sept 7t" 2017 Place: Good Shepherd Church 3745 Shoreline Drive, Wayzata, MN 55391 Present: Steve Nielsen, Kevin Kennefick, Mary Tucker, Mark Kieper, Dave Owen, Ted Chalupsky and Mark Plewka Next Meeting: TBD I. Call to Order Meeting was called to Order at 6:05 pm II. New Business A. Election of Officers by Quorum Steve Nielsen - Chairman. Kennefick moved, Owen seconded Vote: Ayes 7, Nays 0 Mark Kieper — Vice Chairman Kennefick moved, Owen seconded Vote:Ayes 7, Nays 0 Mary Tucker- Secretary, Nielsen moved, Kennefick seconded Vote: Ayes 7, Nays 0 Kevin Kennefick- Treasurer Tucker moved, Owen seconded Vote Ayes 7, Nays 0 B. Proposed Budget and Tax Levy for CBLID 2018 and Approval Tax Levy $200 for Lakeshore Owners $150 for Cove (75% of Lakeshore Owners) $100 for Undeveloped Land PID verified by Steve Nielsen and Dave Owen Source of Funds: Carryover from 2017 $13,845.91 Tax Receipts -Levy $20,600.00 $ 34,445.91 Expenses PLM $22,600.00 Remaining Carryover $11,845.91 Chalupsky moved, Kennefick seconded, Vote: Ayes 7 , Nays 0 C. Adoption of By -Laws for CBLID Copy is on file with City of Orono Chalupsky moved, Kennefick seconded, VOTE Ayes 7, Nays 0 D. Liability Insurance for CBLID We are working with the City to be added as Named Insured to the City insurance policy at no charge Owen moved, Plewka seconded, VOTE Ayes 7, Nays 0 E. Grant Funding Grant Committee created to further explore options and apply for Grants. Dave Owen and Mark Plewka appointed to the Grant Committee. Tucker moved, Chalupsky seconded, VOTE Ayes 7, Nays 0 F. CBLID Office Location Mark Kieper will secure P.O. Box for CBLID. Tucker moved, Kennefick seconded, VOTE Ayes 7, Nays 0 G. Checking Account Mark Kieper will research banking possibilities for CBLID. Nielsen moved, Tucker seconded, VOTE Ayes 7, Nays 0 H. CBLID Tab on Orono City Website We are working with City to post our CBLID information on City of Orono Website. Kennefick moved, Kieper seconded, VOTE Ayes 7, Nays 0 I. Communications and Future Meetings Future Annual meetings will take place in July or August at Good Shepherd Church. Kennefick moved, Tucker seconded, VOTE Ayes 7, Nays 0 Meeting adjourned at 8:10pm Submitted by Mary Tucker, Secretary 2 BYLAWS CARMAN BAY LAKE IMPROVEMENT DISTRICT Article 1: Name, Location and Authority Section 1. Name The name of the organization shall be Carman Bay Lake Improvement District. The organization may be referred to as CBLID. Section 2. Location The CBLID official office (Office)' shall be located in Orono, Minnesota and shall be near Carman Bay, Lake Minnetonka, or as determined by the Board of Directors (Board) of the CBLID. The Office shall be (i) the physical place where the CBLID shall receive US Mail, (ii) the address of the agent designated (Designated Agent) by the Board for receipt of service of legal process and (iii) the physical place where the Secretary and the Treasurer shall maintain the official records of the CBLID. In the event that the Board has failed to name a Designated Agent, the City Clerk of the City of Orono shall be the Designated Agent. Section 3. Authority The CBLID is a non-profit local unit of government and shall operate in accordance with Minnesota Statutes 10313.501 to 103B.581, Minnesota Rules 6115.0900 to 6115.0980, the City of Orono Resolution of the City Council (City Council) No. 6781 approving the establishment of the Carman Bay Lake Improvement District dated July 24, 2017, which is attached hereto as Exhibit A, and any amendments thereto. Article 2: Purposez The primary purpose of the CBLID is to promote the health of Carman Bay, Lake Minnetonka (Carman Bay), for boating, swimming, recreation and enjoyment by controlling Aquatic Invasive Species (AIS) in Carman Bay. To that end, the CBLID will continue the development, monitoring, assessment, and implementation of the Lake Vegetation Management Plan (LVMP) of Carman Bay which is attached hereto as Exhibit B. The CBLID also will monitor and evaluate the availability of feasible controls for additional AIS when available and needed, including zebra mussels and other AIS that becomes established and problematic in Carman Bay. 1 The concept of an official office, which is used as the address for the designated agent for service of process and where all records are kept, is not required by statute. This concept is used in the Joint Cooperation Agreement II of the St. Alban's Bay Lake Improvement District (St. Alban's Agreement). 2 See Exhibit B of the City of Orono Resolution of the City Council No. 6781 (Resolution). 1 In fulfilling the CBLID's primary purpose, the Board will work with qualified resources including the Carman Bay community, the LMA, the LMCD, the DNR, the City Council and other state and federal agencies as determined by the Board. Article 3: Membership, Boundaries and Voting Section 1. Membership and Boundaries Membership of the CBLID shall include the owner or owners (Property Owners) of the various real estate parcels identified by Hennepin County PID number located within the official boundaries of the CBLID as illustrated on the official map of the CBLID, which is attached hereto as Exhibit C. Section 2. Voting3 As more specifically set forth in these Bylaws, Property Owners are eligible to cast votes on board member elections, budgets, and proposed projects by the CBLID having a cost to the CBLID in excess of $5,000. Each parcel identified by a Hennepin County PID number within the official boundaries of the CBLID shall have one (1) vote. Article 4: Funding Property Tax Levies, Grants and Gifts The public financing of projects and services by the CBLID may be made by the following methods in compliance with MN Statute 10313.555 FINANCING: 1. Assessing the costs of the projects upon benefitted property within the CBLID in the manner provided under chapter 429; 2. Levying ad valorem tax solely on property within the CBLID, to be appropriated and expended solely on projects of special benefit to the district. In addition, the CBLID may be funded by revenues from grants, gifts, or the like. Article 5: Board of Directors Section 1. Powers and Responsibilities The Board shall have authority for and be responsible for the supervision, control and direction of the CBLID including:4 1. Developing, monitoring, assessing, and implementing the LVMP; 2. Scheduling the Annual Meeting; 3. Managing the business of the CBLID; and 4. Performing such other duties as are specified in these Bylaws. 3 See Minn. Stat. S. 103B.571 Subd. 3. 4 Taken in part from Minn Stat. S. 103B.571 and Article IX Section 1 of the St. Alban's Agreement. 2 In addition, the Board shall be responsible for preparing and presenting for the following year at its Annual Meeting a (i) budget for the financial requirements of the CBLID and (ii) proposed levy sufficient to meet such requirements including the proposed distribution of such levy among the Property Owners.5 The proposed levy information shall include the recommended method to assess properties in the CBLID.6 The proposed levy must be approved, or amended and approved, by an affirmative vote of the majority of the Directors at the Annual Meeting.? The levy approved by the Board at the Annual Meeting must in turn be submitted to the City Council for approval.$ Section 2. Eligibility9 All directors (Directors) of the Board must be Property Owners. A majority of the Directors also must be residents of the CBLID. Section 3. Number and Termlo The Board shall consist of seven (7) Directors. Except for the original Directors appointed by the City Council, of which four (4) Directors shall serve three-year (3) terms and three (3) Directors shall serve two-year (2) terms, each Director shall serve a two-year (2) term. The terms shall be staggered and shall run from annual meeting to annual meeting. Section 4. Nominations and Election 1. The initial Directors shall be appointed by the City Council." 2. All subsequent Directors shall be elected by an affirmative vote of the majority of the Property Owners present and entitled to vote at the Annual Meeting, including absentee ballots of the same physically received by the CBLID by 4pm on the date immediately preceding the Annual Meeting.12 3. Annually, Property Owners desiring to stand for election to the Board as a Director shall file with the Secretary of the CBLID, (or the Secretary's designee for receipt of said filings), on or before June 1, a "Declaration of Candidacy for Director." A Property Owner who so files shall be added to the slate of candidates for the Board at the following Annual Meeting. Section S. Vacancies 5 See the Resolution. 6 See Article IX Section 1 of the St. Alban's Agreement. 7 See the Resolution. 8 Minn. Stat. S. 10313.555 provides that the "county board" (interpreted to include the City Council) has authority to impose a levy and there is no authority for delegating this action to a LID board of directors. Accordingly, the City Council must approve the levy. 9 See the Resolution. See also Minn. Stat. S. 10313.51 Subd. 1. 10 See the Resolution. 11 See the Resolution. 12 See the Resolution. See also Minn. Stat. S. 10313.571 Subd. 3(b). See also Article VII Section 2 of the St. Alban's Agreement. 3 The Board shall, by majority vote of the remaining Directors, elect members to temporarily fill vacancies until the next Annual Meeting.13 If the vacated Board seat has a remaining unexpired term at the next Annual Meeting, the remaining unexpired term must be filled by election at the Annual Meeting in accordance with the provisions of Article 5 Section 4 of these Bylaws.14 Section 6. Resignation of Directors A Director may resign from the Board at any time by written notice given to the Secretary, with such resignation to be effective at such time as is stated in the notice, or if no effective date is so stated, such resignation shall be effective immediately. A Director who ceases to be a Property Owner shall be deemed to have resigned from the Board effective at such time as he or she ceased to be a Property Owner. Section 7. Removal of Directors A Director may be removed from the Board, with or without cause, by a majority vote of the remaining Directors or by the vote of a majority of Property Owners present at an Annual Meeting. Section 8. Compensation15 Directors shall serve without compensation, but they may be reimbursed for their actual expenses necessarily incurred in the performance of their duties in the manner provided for City of Orono employees. Section 9. Annual Report16 Each year the Board shall prepare and file a report of the financial conditions of the CBLID, the status of all projects in the CBLID, the business transacted by the CBLID, other matters affecting the interests of the CBLID, and a discussion of the Directors' intentions for the succeeding years. Copies of the report shall be transmitted to the City Council, the commissioner of the DNR, and the Pollution Control Agency within four (4) months after the Annual Meeting. Article 6: Officers Section 1. Officers The officers of the CBLID shall be Chair, Vice Chair, Secretary and Treasurer. Section 2. Terms 1. The terms for all officers shall be for one (1) year. Officers may serve multiple consecutive terms. 2. No officer may hold more than one office at a time. 13 See the Resolution. 14 See Minn. Stat. S. 103B.571 Subd. 2(b). 15 Note that director compensation is permitted under the statute. The language regarding reimbursement of expenses is from the statute. See Minn. Stat. S. 10313.551 Subd. 2. 16 See Minn. Stat. S. 10313.571 Subd. 4. 4 Section 3. Duties of Officers Chair: The Chair shall preside over the Annual Meeting and all other CBLID Board Meetings, including special meetings. The Chair shall perform all duties typically incident to the office of a Chief Executive Officer of a municipal political body and shall perform such other duties as may be prescribed by action of the Board, the City Council, or law. Vice Chair: The Vice Chair shall act as Chair in the absence of the Chair. Secretary: The Secretary shall be responsible for keeping a record of all of the proceedings of the CBLID and the giving of notice of all Board meetings other than the Annual Meeting. The Secretary shall be responsible for the preparation of Board minutes (Minutes) and shall keep the Minutes and records at the Office. The Secretary may delegate the duties of preparing the Minutes to a third party. Minutes will be sent to all Board members via email within one (1) week after a meeting. Concerns or requests for edits should be received within one (1) week after the Minutes are sent. Minutes from the prior Board meeting shall be formally approved at the beginning of the next meeting of the Board or by email vote. Treasurer: The Treasurer shall be the custodian of the CBLID's funds, pay its bills, keep financial records, secure insurance, and generally manage funds received and oversee their disbursement and the CBLID's financial affairs. CBLID funds shall be kept on deposit in financial institutions or invested as approved by the Board in the same manner and practice demanded of a municipal corporation under Minnesota state law. The Treasurer shall cause a financial report to be made to the Board at each meeting of the Board, which shall be included in the public records of the CBLID and in the Minutes. The Treasurer shall provide for two authorized signatures on all checks drawn upon the CBLID bank account. Those having signatory authority shall be the Chair, the Vice Chair, the Treasurer, and the Secretary. Article 7: Board of Directors Meetings Section 1. Meetings Directors shall hold meetings as needed in addition to the Annual Meeting. The Chair, or any CBLID Director with approval of at least one-third (1/3) of the Board, may call special meetings. All meetings of the Board are open to any Property Owner and the public to attend. Voting rights for meetings other than the Annual Meeting are limited to Board members only. A Board meeting may be held in person or electronically. Section 2. Notice of Meetings 1. Directors Notice of each meeting other than the Annual Meeting shall be issued stating the purpose of the meeting along with a proposed draft agenda to each Director no less than three (3) days prior to the meeting date. Electronic email notice shall be the official means of notification, plus any other means as may 5 be requested by a Director. A Special Meeting may occur in less than three (3) days of notification provided (i) notice is sent to all Board members and a quorum is present and (ii) the requirements of subsection 3 of this Section 2 are satisfied. 2. Regular Meetings17 In compliance with applicable state law, a schedule (Schedule) of the regular meetings (Regular Meetings) of the Board shall be kept on file at the Office. If the Board holds a Regular Meeting at a time or place different from the time or place stated in the Schedule, it shall provide the notice required for Special Meetings set forth in subsection 3 of this Section 2. To the extent applicable state law modifies the foregoing requirements of notice for Regular Meetings, these Bylaws shall be deemed to be amended to comply with such requirements. 3. Special Meetings18 Meetings of the Board other than Regular Meetings and the Annual Meeting are deemed to be special meetings (Special Meetings). In compliance with applicable state law, the Board shall at least three (3) days prior to a Special Meeting (i) post written notice of the date, time, place, and purpose of the Special Meeting on the public notice board of the City of Orono and (ii) to the extent any person has filed a written request for notice of Special meetings, (a) mail or otherwise deliver the same information to such person or (b) publish the same information in the legal newspapers of the City of Orono. To the extent applicable state law modifies the foregoing requirements of notice for Special Meetings, these Bylaws shall be deemed to be amended to comply with such requirements. Section 3. Quorum A simple majority of the current Board of Directors shall constitute a quorum at any meeting. Simple majority is defined as greater than fifty (50) percent of the Directors. No action shall be deemed approved unless votes cast in favor on a motion are approved by a majority of the quorum. Article 8: Committees The Board may vote to create committees as needed for the purpose of completing or implementing specific tasks, projects, or events to benefit the goals of the CBLID. The committee chair shall be approved by a majority of the Board. The Board shall authorize and define the powers and duties of all committees and task forces subject to the provisions of these Bylaws. No committee shall commit the CBLID to any contractual obligation or advocacy or opposition to any position without the specific authority of the Board. Article 9: Annual Meeting 17 See Minn. Stat. S. 13D.04 subd. 1 18 See Minn. Stat. S. 13D.04 subd. 2 2 Section 1. Time19 The Board shall call an Annual Meeting of Property Owners to be held once each year. The initial Annual Meeting shall be scheduled during the month of July or August as determined by the Board and shall be held annually in that period unless changed by vote of the previous Annual Meeting. Section 2. Notice20 The Annual Meeting shall be preceded by two weeks' published notice in the legal newspapers of the City of Orono, shall be posted on the public notice board of the City of Orono, and written notice shall be mailed at least ten (10) days in advance of the meeting to the City Council, the Pollution Control Agency, the commissioner of the DNR, and if there is a proposed project by the CBLID having a cost in excess of $5,000, all Property Owners. Section 3. Agenda.21 At the Annual Meeting: 1. The Directors shall present a budget, a proposed levy for the subsequent calendar year, and the distribution of such levy among the Property Owners as provided in Section 1 of Article 5 of these Bylaws. 2. The Property Owners present shall: a. Approve the budget for the upcoming fiscal year; b. Approve or disapprove proposed projects by the CBLID having a cost to the CBLID in excess of $5,000; and c. Take up and consider other business that comes before them. 3. The Property Owners shall elect one or more Directors as provided in Section 4 of Article 5 of these Bylaws. 22 Article 10: Personal Liability No Director shall be personally liable for the debts or obligations of the CBLID of any nature nor shall any of the property of the Directors be subject to the payment of the debts or obligations of the CBLID. The CBLID Board shall maintain liability, and Director/Officer insurance coverage for the CBLID. Article 11: Indemnification 19 See Minn. Stat. S. 10313.571 Subd. 1. 20 See Minn. Stat. S. 10313.571 Subd. 2. See also Article VII Section 3 of the St. Alban's Agreement, which expands upon these requirements to include posting on the public notice board. 21 See Minn. Stat. S. 103B.571 Subd. 3. 22 Note for actions other than the election of directors at the Annual Meeting, the statute (Minn. Stat. S. 10313.571 Subd. 3(a)) says property owners "present" shall.... Contrast this with the election of directors at the Annual Meeting, were the statute (Minn. Stat. S. 103B.571 Subd. 3(b)) provides that all property owners, "including absent members as provided in the order establishing the district, shall elect...." This distinction is the reason for segregating this item from the other items on the Agenda. 7 To the full extent permitted by Minnesota law, current and former Directors who are made a party, or threatened to be made a party, to a civil, criminal, administrative, arbitration, or investigative proceeding by reason of their position and activities on behalf of the CBLID shall be indemnified by the CBLID against judgments, penalties, fines, settlements, costs of defense including reasonable attorney's fees, and other losses incurred in connection with the proceeding. Acts of fraud, and/or criminal conduct shall not be indemnified. This indemnification shall inure to the benefit of the heirs, executors, and administrators of those who are so indemnified. The CBLID shall obtain insurance to cover this indemnification. Article 12: Amendments The Board may adopt or amend these bylaws by two-thirds (2/3) vote of the Directors present and entitled to vote at any meeting of the Board. Certification: These Bylaws were adopted and approved by the Board on September 7, 2017. Exh A Resolution Exh B LVMP for Exh C . CBLiD 6781.pdf CBLiD.docx map. pdf AGENDA ITEM Item No.: 17 Date: September 25, 2017 Item Description: Set Public Hearing for Orono Woods PUD Amendment Presenter: Dustin Rief Agenda City Administrator's City Administrator Section: Report 1. Purpose. To Set Public Hearing for Amendment to the Orono Woods PUD 2. Background. As part of the transfer of the Orono Woods property, an amendment to the Planned Unit Development (PUD) Agreement is necessary, which requires a Public Hearing and appropriate Notice. Typically, the Planning Commission holds the public hearing, but the Council may choose, by unanimous decision, to waive reference to the Planning Commission and hold the public hearing itself. The Council has done that in the past when the Commission does not hold a meeting (December) or when timing circumstances outside the control of the applicant support a deviation. The changes proposed to the PUD agreement are not expected to be controversial, they formally facilitate the purchase agreement agreed to in July. 3. Project Scope. Transfer of Property to facilitate the sale and financing of Orono Woods Apartments (Senior Housing) 4. Staff Recommendation. Staff seeks authorization to advertise for a public hearing at the City Council meeting on October 23. COUNCIL ACTION REQUESTED Motion to set the public hearing to amend the Orono Woods Planned Unit Development (PUD) Agreement for October 23, 2017 Exhibits Exhibit A. Amendment to the Orono Woods PUD Agreement References Exhibit A. Orono Woods Purchase Agreement Prepared By: -Sb)X Reviewed By: -1b)X Approved By: -Sb)X AMENDMENT TO PLANNED UNIT DEVELOPMENT This Amendment to Planned Unit Development No. 2B (the "Amendment") is made and entered into effective as of , 2017, between and among the City of Orono, a municipal corporation (the "City"), and the Orono Housing and Redevelopment Authority, a body corporate and politic, and a political subdivision (collectively, the "HRA"), and Orono Woods Apartments, LLC, a Minnesota limited liability company (the "Developer"). BACKGROUND The City, the HRA, and Orono Senior Housing, LLC, a Minnesota limited liability company (the "Original Developer") are parties to that certain Planned Unit Development No. 2B Agreement for Orono Woods Apartments dated December 3, 2001, filed with the Office of the Registrar of Titles December 4, 2001, as Document No. 3466807 (the "PUD"). The City is also a party to that certain Certificate of Completion and Partial Release dated December 28, 2006, filed with the Office of the Registrar of Titles December 29, 2006, as Document No. 4342060 (the "Certificate"). All capitalized terms which are defined in the PUD will have the same meaning(s) when used in this Amendment. Prior to this Amendment and in accordance with the plans, specifications, and covenants provided in the PUD, the Original Developer constructed the 62 -unit Senior Housing Building. Prior to or contemporaneous with this Amendment, pursuant to an agreement with the Developer, and with the approval of the City and HRA, the Original Developer sold and transferred to Developer, inter alia, all of Original Developer's right, title, and interest in: (i) the Senior Housing Building; (ii) the TIF Note; (iii) the PUD; (iv) that certain 99 -year Ground Lease of the Property by and between the HRA and Original Developer dated November 30, 2001, filed December 4, 2001, as Document No. 3466810, as amended by First Amendment to Ground Lease dated December 1, 2006, filed December 29, 2006, as Document No. 4342059 (the "Ground 100363531 1 Lease"); and (v) that certain Development Agreement relating to Orono Woods Apartments (including Tax Increment Financing District No. 1-1) dated November 30, 2001 (the "Development Agreement"). Prior to or contemporaneous with this Amendment, the City/HRA has conveyed to the Developer fee title to Lot 2, Block 1, Orono Ambar, Hennepin County, Minnesota, and the HRA and the Developer have terminated the Ground Lease and entered into that certain Declaration of Restrictive Covenants (the "Declaration"). Moreover, the City/HRA and Developer have entered into that certain Amendment to the Development Agreement. The parties wish to amend and modify certain provisions of the PUD, and have entered into this instrument to memorialize such changes. NOW, THEREFORE, the parties agree as follows: 1. Recitals. The above "Background" recitals are expressly incorporated in this Amendment by reference as if fully stated as additional terms and conditions of this Amendment. 2. Developer. All references to "Developer" in the PUD shall be amended to delete "Orono Senior Housing, LLC" and to add "Orono Woods Apartments, LLC". 3. Senior Housing. a. The Second full paragraph in the recitals of the PUD shall be amended to delete "62 years of age and older" and to add "55 years of age and older, as provided in herein". b. Section 15 shall be amended to delete "age 62 and older" and to add the following: "age fifty-five (55) years of age or older (the "Senior Housing Restriction"). The Senior Housing Restriction will be deemed satisfied if a married couple rents a rental housing unit in the Project and one of the spouses is 55 years of age or older, even though the other spouse is younger than 55 years of age. Moreover, if a housing unit is leased to a married couple, one of whom is 55 years of age or older, and one of whom is less than 55 years of age, and if the older spouse dies, or due to health reasons must relocate to a nursing home or similar facility, then the younger spouse remaining in the housing unit will continue to be deemed to meet and satisfy the Senior Housing Restriction, even if he/she is less than 55 years of age." c. Section 15(c) shall be amended to read in its entirety: (c) During the term of the TIF funding as described in this document, the Developer shall limit the rental price of 20% of the units per the TIF Agreement, and all 62 units shall be used only for housing of seniors, with rental preference given to Orono residents, per the terms and conditions of the "Senior Housing Restriction" and 2 "Orono Preference Requirement" as stated within that certain Development Agreement Relating to Orono Woods Apartments (Including Tax Increment Financing District No. 1-1) between the City or Orono, Orono Housing and Redevelopment Authority, and Orono Woods Apartments, LLC, as amended from time to time (hereinafter the "Development Agreement"). 4. Sale of Lot to Developer at End of Lease. Section 15(a)(2) is deleted. The lease referenced in Section 15(a) has been terminated, and the City/HRA has conveyed fee title of the previously -leased land to Developer prior to or contemporaneously with this Amendment. 5. Termination of Non -Profit Corporation Ownership. Section 15(b) is deleted. 6. No Violations by Original Developer. The Original Developer did not violate the Senior Housing Restriction, and has completed the Improvements as specified in the PUD to the satisfaction of the City and HRA. All covenants and obligations incurred by the Original Developer were fulfilled or completed to the satisfaction of the City and HRA. 7. Notices and Demands. Section 20 is amended to: With a Copy to: Notice to Developer: Orono Woods Apartments, LLC Attn: Frank Lang, Eugene Nelson, and Caitlin Goff 4601 Excelsior Blvd., Suite 650 Minneapolis, MN 55416 Ravich Meyer Kirkman McGrath Nauman & Tansey, P.A. Attn: David E. Kirkman 150 South Fifth Street, Suite 3450 Minneapolis, MN 55402 8. No Right of EntrX. Section 25 is deleted. The Improvements have been completed. 9. Development Agreement Unaffected. Except as modified or amended by this instrument, the PUD will remain in full force and effect pursuant to its terms. 10. Signatures in Counterparts and/or by Electronic Transmission. The undersigned agree that this instrument may be signed in any number of counterparts, each of which will constitute an original, with all such counterparts together constituting one and the same instrument. [The balance of this page intentionally left blank. Signature page attached] IN WITNESS WHEREOF, the parties have executed this instrument effective as of the date first indicated above. CITY OF ORONO, MINNESOTA, a Municipal Corporation By: Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2017, by , the of the City of Orono, Minnesota, a Municipal Corporation, on behalf of the City of Orono, Minnesota. Notary Public [SIGNATURE PAGE TO AMENDMENT TO PLANNED UNIT DEVELOPMENT] .19 ORONO HOUSING AND REDEVELOPMENT AUTHORITY, a politic subdivision under the laws of the State of Minnesota Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2017, by , the of the Orono Housing and Redevelopment Authority, a politic subdivision under the laws of the State of Minnesota. Notary Public [SIGNATURE PAGE TO AMENDMENT TO PLANNED UNIT DEVELOPMENT] 5 ORONO WOODS APARTMENTS, LLC, a Minnesota limited liability company wo Francis W. Lang Its: President and Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Francis W. Lang, the President and Chief Manager of Orono Woods Apartments, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Ravich Meyer Kirkman McGrath Nauman & Tansey, A Professional Association 150 South Fifth Street, Suite 3450 Minneapolis, MN 55402 [SIGNATURE PAGE TO AMENDMENT TO PLANNED UNIT DEVELOPMENT] 2 AGENDA ITEM Item No.: 18 Date: September 25, 2017 Item Description: Orono Woods Development Agreement Amendment Presenter: Dustin Rief Agenda City Administrator's City Administrator Section: Report 1. Purpose. Amend the Development Agreement for Orono Woods to facilitate the sale of the property to new owners. 2. Background. The Development Agreement with Orono Woods Senior Housing, LLC. was adopted on November 30, 2001 as a part of a project to build Senior Housing utilizing Tax Increment Financing as a mechanism to lower development costs. The Development Agreement had provisions for Tax Exempt Bonds, ground lease, age criteria requirements, tax increment financing notes and construction improvement requirements for the original development of the property. This Amendment to the Agreement revises those criteria by deleting the provisions that have been satisfied as a part of the original agreement. This amendment also revises the age based criteria to expand the pool of eligible applicants available to lease apartments. 3. Staff Recommendation. Staff recommends to approve the Amendment to the Orono Woods Development Agreement. COUNCIL ACTION REQUESTED Motion to approve the Amendment to the Orono Woods Development Agreement. Exhibits Exhibit A. Amendment to Orono Woods Development Agreement Exhibit B. Orono Woods Purchase Agreement Prepared By: -'bV Reviewed By: -19X Approved By: -T AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement is made and entered into effective as of September , 2017, between and among the City of Orono, a municipal corporation (the "City"), the Orono Housing and Redevelopment Authority, a political subdivision (the "HRA"), Orono Woods Apartments, LLC, a Minnesota limited liability company (the "Developer"), and Orono Senior Housing, LLC, a Minnesota limited liability company (the "Original Developer"). BACKGROUND The City, the HRA and Original Developer are parties to that certain Development Agreement relating to Orono Woods Apartments (including Tax Increment Financing District No. 1-1) dated November 30, 2001 (collectively, the "Development Agreement"). All capitalized terms which are defined in the Development Agreement will have the same meaning(s) when used in this Amendment. Prior to or contemporaneous with this Amendment, the Ground Lease referenced in the Development Agreement has been terminated, and the City/HRA has conveyed fee title to the Project and the Development Property to the Developer, subject to the terms of the Development Agreement, as amended hereby. The Housing Bonds referenced in the Development Agreement have been paid and satisfied of record and in full. Among other covenants and obligations between the Developer, City, and HRA continuing pursuant to the terms of the Development Agreement, the parties desire to maintain the TIF Note and deferment of park dedication and utility connection fees. However, the parties wish to amend and modify certain provisions of the Development Agreement, and have entered into this instrument to memorialize such changes. Developer has succeeded to the interests of the Original Developer under the Development Agreement, and with respect to the Development Property and the Project. Developer will for all purposes be deemed to be the "Developer" under the Development Agreement. 100363260 1 NOW, THEREFORE, the parties agree as follows: 1. Developer. Section 1.1(e) shall be amended to delete "Orono Senior Housing, LLC" and to add "Orono Woods Apartments, LLC." 2. Tax Exempt Bonds Paid in Full. All Housing Bonds have been paid in full. As a result, Section 3.1 and all other references to "Housing Bonds" or "Financing Documents" are hereby deleted. 3. Ground Lease Terminated. The Ground Lease has been terminated. As a result, Section 3.3 and all other references to "Ground Lease" are hereby deleted. 4. Age of Residents. Section 2.1(f) shall be amended to delete "62 years of age or older" and to add the following: "fifty-five (55) years of age or older (the "Senior Housing Restriction"). The Senior Housing Restriction will be deemed satisfied if a married couple rents a rental housing unit in the Project and one of the spouses is 55 years of age or older, even though the other spouse is younger than 55 years of age. Moreover, if a housing unit is leased to a married couple, one of whom is 55 years of age or older, and one of whom is less than 55 years of age, and if the older spouse dies, or due to health reasons must relocate to a nursing home or similar facility, then the younger spouse remaining in the housing unit will continue to be deemed to meet and satisfy the Senior Housing Restriction, even if he/she is less than 55 years of age." Section 3.2 shall be amended to delete "who are not 62 years of age or older" and to add "in violation of the Senior Housing Restriction." 5. TIF Note. The TIF Note and the payments due thereunder have been assigned and endorsed to the Developer. The parties acknowledge the Developer is the holder of the TIF Note and is entitled to all payments from the City due thereunder. If it is determined that the TIF Note has been lost or misplaced, the City will execute a replacement TIF Note under the same terms of the original. 6. Construction of Improvements. All construction on the Improvements relating to the Project has been completed. A Certificate of Completion has been issued and filed as contemplated by Section 4.4 of the Development Agreement. As a result, and pursuant to Section 4. 1, the Development property is released from the requirements of Article IV ("Construction of Improvements") and is no longer encumbered by the obligations imposed thereunder. As a further result of the Certificate of Completion being issued and filed, Sections 5.1 and 5.3 (relating to covenants imposed on the parties prior to the issuance of the Certificate of Completion), and Sections 2.1(a) and 2.1(c) (relating to representations and covenants prior to the completion of the Improvements) are hereby deleted. 7. Notices and Demands. Section 8.3(c) is amended to: (c) As to the Developer: Orono Woods Apartments, LLC 2 Attn: Frank Lang, Eugene Nelson, and Caitlin Goff 4601 Excelsior Blvd., Suite 650 Minneapolis, MN 55416 With a Copy to: Ravich Meyer Kirkman McGrath Nauman & Tansey, P.A. Attn: David E. Kirkman 150 South Fifth Street, Suite 3450 Minneapolis, MN 55402 8. Development Agreement Unaffected. Except as modified or amended by this instrument, the Development Agreement, including but not limited to the "Tax Increment Note or TIF Note" as defined in Section 1.1(v) and the deferment of park dedication and utility connection fees as set forth in Section 3.2, will remain in full force and effect pursuant to its terms. 9. Signatures in Counterparts and/or by Electronic Transmission. The undersigned agree that this instrument may be signed in any number of counterparts, each of which will constitute an original, and that an electronic pdf transmission of any signature, of any party, will be deemed as enforceable and effective as an original signature. All such counterparts together will constitute one and the same instrument. [The balance of this page intentionally left blank. Signature page attached] IN WITNESS WHEREOF, the parties have executed this instrument effective as of the date first indicated above. CITY OF ORONO, a municipal corporation under the laws of the State of Minnesota Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2017, by , the of the City of Orono, Minnesota, a Municipal Corporation, on behalf of the City of Orono, Minnesota. Notary Public [Signature Page to Amendment to Development Agreement] ORONO HOUSING AND REDEVELOPMENT AUTHORITY, a political subdivision under the laws of the State of Minnesota Wo STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Its: The foregoing instrument was acknowledged before me this day of 2017, by , the Notary Public [Signature Page to Amendment to Development Agreement] 5 DEVELOPER: Orono Woods Apartments, LLC, a Minnesota limited liability company By: Francis W. Lang Its: President and Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Francis W. Lang, the President and Chief Manager of Orono Woods Apartments, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public [Signature Page to Amendment to Development Agreement] 2 ORIGINAL DEVELOPER: Orono Senior Housing, LLC, a Minnesota limited liability company 1-2 Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2017, by the of the Orono Senior Housing, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Ravich Meyer Kirkman McGrath Nauman & Tansey, A Professional Association 150 South Fifth Street, Suite 3450 Minneapolis, MN 55402 [Signature Page to Amendment to Development Agreement] 7 PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement"), dated for reference purposes only the day of , 2017 (the "Effective Date"), between the ORONO HOUSING AND REDEVELOPMENT AUTHORITY, a political subdivision under the laws of the State of Minnesota ("Seller") and ORONO WOODS APARTMENTS, LLC, a Minnesota limited liability company ("Purchaser"). RECITALS A. Seller is the fee owner of certain real property located in the City of Orono, Hennepin County, Minnesota legally described in Exhibit A attached hereto ("Property"); B. The Property is subject to a ground lease for a 62 -unit senior rental apartment development, parking facilities and related improvements on the Property ("Project") in favor of Orono Senior Housing, LLC, a Minnesota limited liability company ("Tenant"), which ground lease is dated November 30, 2001, filed December 4, 2001, as Document No. 3466810, as amended by First Amendment to Ground Lease Dated December 1, 2006, filed December 29, 2006, as Document No. 4342059 (collectively "Ground Lease"); C. Tenant (as Seller) and Purchaser's predecessor in interest are parties to that certain Purchase Agreement (Orono Woods Apartments) dated April 17, 2017, pursuant to which Purchaser will purchase and acquire the Project from Tenant, as Seller (the "Related Agreement"). By prior assignment, Purchaser is the "Buyer" under the Related Agreement. D. Simultaneously with the closing of this Agreement, Tenant will sell and transfer its interest in the Project under the Ground Lease to Purchaser pursuant to the Related Agreement, and the parties will terminate the Ground Lease. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. PROPERTY. In consideration of the mutual promises, covenants, and agreements hereinafter contained, Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and conditions hereinafter set forth, Seller's right, title and interest in that real property located within the City of Orono, Hennepin County, Minnesota as legally described in Exhibit A attached hereto and incorporated by reference herein, together with any interest Seller may have in all attached improvements and fixtures, easements, and other real property interests appurtenant thereto, if any (hereinafter referred to as the "Property"). 2. PURCHASE PRICE. The purchase price for the Property shall be One Dollar and 00/100 Dollars ($1.00) ("Purchase Price"), paid by Purchaser to Seller, subject to closing adjustments and pro -rations, by wire transfer of immediately available funds at the Closing (as defined below) to an account designated by Seller. 100362083 1 3. CLOSING. Unless this Agreement is terminated earlier pursuant to its terms, the date for closing the sale and purchase of the Property (the "Closing") shall be held simultaneously with the closing under the Related Agreement, and in any event on or before December 31, 2017. Closing shall be held at the office of Purchaser's title company ("Title Company"), or at such other time, date or place as the parties may mutually agree. The Closing may occur through an escrow with the Title Company, whereby Seller, Purchaser and their attorneys need not be physically present at the Closing and may deliver documents by overnight air courier or other means. 4. CONVEYANCE OF PROPERTY. Upon performance by Purchaser, Seller shall execute and deliver to Purchaser a Quit Claim Deed to the Property, and a termination and release of the Ground Lease (the "Termination"). 5. ACCESS TO PROPERTY. Seller acknowledges that Purchaser and Purchaser's agents shall have access to the Property without charge and at reasonable times for the purpose of Purchaser's survey, investigation and testing of the Property ("Investigation"). Purchaser shall make a good faith effort to notify Seller in advance of the dates and times Purchaser plans to require access to the Property for purposes of the Investigation (email is sufficient). Purchaser shall pay all costs and expenses of Investigation and Purchaser shall hold harmless and indemnify the Property and Seller, its successors and assigns, from and against any and all claims, suits, losses, liabilities, and expenses (including attorney's fees, expert's fees, and other expenses of litigation) on account of injury to or death of any persons (including Purchaser's) or damage to property or contamination of or adverse effects on the environment or liens against Seller or the Property, caused by Purchaser's entry onto the Property. Purchaser's obligations under this Section 5 shall survive the termination of this Agreement or the Closing. Purchaser shall repair and restore any damage to the Property caused by or occurring during Purchaser's Investigation and return the Property to substantially the same condition as existed prior to any Investigation. Purchaser shall have the right in its sole discretion to contact various public officials and administrators to verify information regarding the status of the Property and to determine that the Property is suitable for Purchaser's intended use. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Buyer shall assume the payment of the following as of the Closing Date: (i) all real estate taxes; (ii) all levied or pending special assessments; (iii) all utility bills; and (iv) any and all other amounts owed in connection with the use of the Property. 7. POSSESSION. Seller shall deliver possession of the Property to Purchaser on the date of Closing. 8. REPRESENTATIONS OF SELLER. Seller has not made, does not make, and has not authorized any other person or party to make any representations or warranties as to the present or future physical condition, value, presence/absence of hazardous substances, financing status, leasing, operation, use, tax status, income and expenses or any other matter or thing pertaining to the Property, improvements located on the Property or the condition of the title to the Property. Seller makes no warranty or representation, express or implied or arising by operation of law, including, without limitation, any warranty of condition, habitability, merchantability, or fitness for a particular purpose of the Property. Seller shall not be liable for or bound by any verbal or 100362083 1 2 written statements, representations, advertisements or information pertaining to the Property on the condition of the title thereto, furnished by any agent, employee, servant, or any other person or party unless the same are specifically set forth in this Agreement. Buyer acknowledges that the Property is being purchased "As -Is" and "Where -Is" and that the Seller makes no representation or warranty regarding the Property, improvements located on the Property, or the condition of title thereto and that in entering into this Agreement Buyer has not relied on any representation or warranty of Seller pertaining to the Property or the condition of the title thereto. Buyer has had the right to inspect the Property and accepts the Property in its current "As -Is" condition. 9. SELLER'S CONTINGENCIES. The obligations of Seller under this Agreement are expressly contingent upon the following: (a) Purchaser acquiring the Project under the Ground Lease simultaneously with the closing of this Purchase Agreement; (b) Purchaser executing and recording at Closing a Declaration of Restrictive Covenants in favor of Seller in the form attached hereto as Exhibit B; and the Termination. If the contingencies set forth herein have not been satisfied or waived by Seller by the date of Closing, as otherwise extended, this Agreement shall be null and void and neither party shall have any further obligations hereunder, except for Purchaser's indemnity obligations pursuant to Section 5. The contingencies set forth in this section are for the sole and exclusive benefit of Seller and Seller shall have the right to waive the contingencies by giving notice to Purchaser, provided Seller abides by the time requirements set forth above. 10. PURCHASER'S CONTINGENCIES. The obligations of Purchaser under this Agreement are expressly contingent upon the following: (a) Purchaser acquiring the Project under the Ground Lease simultaneously with the closing of this Purchase Agreement; (b) Delivery of the Termination at Closing; (c) Seller executing and recording the Declaration of Restrictive Covenants in the form attached hereto as Exhibit B ("Declaration of Restrictive Covenants"); and (d) Seller, Purchaser and the City of Orono executing and recording an amendment of the Development Agreement relating to Orono Woods Apartments in the form attached hereto as Exhibit C ("Amendment"), which Amendment will include, but without limitation, a continuation of the City's agreement to defer (and ultimately waive) the park dedication and utility connection charges as specified in Section 3.2 of the Development Agreement, so long as the age and income 100362083 1 restrictions of the Declaration of Restrictive Covenants are maintained throughout the Term thereof. Thereafter such amounts will be waived. If the contingencies set forth herein have not been satisfied or waived by Purchaser by the date of Closing, as otherwise extended, Agreement shall be null and void and neither party shall have any further obligations hereunder, except for Purchaser's indemnity obligations pursuant to Section 5. The contingencies set forth in this section are for the sole and exclusive benefit of Purchaser, and Purchaser shall have the right to waive the contingencies by giving notice to Seller, provided Purchaser abides by the time requirements set forth above. 11. SELLER'S OBLIGATIONS AT CLOSING. On or prior to the date of Closing, Seller shall: (a) Execute, acknowledge and deliver to Purchaser a duly executed quit claim deed in recordable form, conveying to Purchaser any interest of Seller in the Property. (b) Execute and deliver to Purchaser such other documents as may be required by this Agreement or as may be reasonably required by Title Company, including well disclosures and sewage treatment system disclosures. (c) Execute and deliver to Purchaser a standard form affidavit by the Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished to the Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property. (d) Execute and deliver at Closing the Declaration and Amendment. (e) Provide a fully executed Termination at Closing. (f) If required, execute and deliver to Purchaser an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. (g) If there is a well located on the Property, execute and deliver to Purchaser a well disclosure certificate in form and substance true to form for recording. (h) Pay all closing fees and costs required under the terms of this Agreement 12. PURCHASER'S OBLIGATIONS AT CLOSING. At Closing and subject to the terms, conditions, and provisions hereof and the performance by Seller of his obligations as set forth above, Purchaser shall: (a) Deliver to Seller the Purchase Price. 100362083 1 4 (b) Execute and deliver at Closing the Amendment and Declaration and such other documents as may be required by this Agreement or as may be reasonably required by Title Company. (c) Pay all closing fees and costs required under the terms of this Agreement. 13. CLOSING COSTS. The following costs and expenses shall be paid as follows in connection with the Closing: (a) Seller shall pay Seller's attorneys' fees. (b) Purchaser shall pay the following costs in connection with the Closing: (1) The issuance of a title commitment and cost of the premium and endorsements issued pursuant to the Commitment; (2) Filing fee required to record the Deed, Declaration, Termination, Amendment and costs and filing fees for all documents to be recorded; (3) Purchaser's attorneys' fees; (4) The closing fee charged by Title Company for the Closing; (5) State Deed Tax; (6) The cost of engineers or other consultants, if any, engaged by Purchaser regarding the Property. 14. DEFAULT; REMEDIES. If Seller has performed or is ready, willing and able to perform all obligations required by this Agreement and Purchaser shall fail or refuse to perform this Agreement within the time and in the manner provided, then Seller's sole remedy shall be the right to terminate this Agreement by giving a 30 -day written notice to Purchaser pursuant to Minnesota Statutes section 559.21, as it may be amended for time to time. If Purchaser fails to cure such default within thirty (30) days of the date of such notice, this Agreement will terminate. Upon termination, parties shall have no further rights and obligations hereunder other than those rights and/or obligations which are expressly stated to survive expiration or termination of this Agreement. If Purchaser has performed or is ready, willing and able to perform all obligations required by this Agreement and Seller shall fail or refuse to perform this Agreement within the time and in the manner provided, then Purchaser, at its option may either: (i) terminate this Agreement by giving written notice thereof to Seller, in which case the parties shall have no further rights and obligations hereunder other than those rights and/or obligations which are expressly stated to survive expiration or termination of this Agreement; or (ii) specifically enforce the terms and provisions of this Agreement by resort to judicial process. 100362083 1 5 15. ASSIGNMENT. This Agreement shall not be assigned without approval of the non - assigning party. 16. SEVERABILITY. In the event any provision of this Agreement shall be held to be invalid, unenforceable or in conflict with the law of the jurisdiction, the remaining provisions of this Agreement shall continue to be valid, enforceable and not be affected by such holding. 17. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with respect to the transaction hereinabove set forth and may not be amended or modified in whole or in part except with the consent of both of the parties hereto in writing. 18. TIME OF THE ESSENCE. Time shall be of the essence with respect to the performance by the parties of their respective obligations hereunder. 19. MINNESOTA LAW. This contract is governed by the laws of the State of Minnesota. 20. NOTICES. Any notice which may be or is required to be given pursuant to the provisions of this Agreement shall be given in writing and shall be effective for all purposes if hand delivered or sent by: (a) personal delivery; or (b) by nationally recognized commercial or United States Postal Service overnight prepaid courier service, with proof of delivery; or (c) by certified or registered United States mail, postage prepaid, each addressed as follows (or at such other address and person as shall be designated from time to time by any party hereto in a written notice delivered to the other parties in the manner provided for in this section): Purchaser: Orono Woods Apartments, LLC c/o Lang -Nelson Associates, Inc. Attn: Francis W. Lang 4601 Excelsior Blvd, #650 Minneapolis, MN 55416 Email: frank(Janel.com Copy to: David E. Kirkman Ravich Meyer Kirkman McGrath Nauman & Tansey, P.A. 150 South Fifth Street, #3450 Minneapolis, MN 55402 Email: dekirkmangravichmeyer.com Seller: Orono Housing and Redevelopment Authority 2750 Kelley Parkway Orono, MN 55323 Attn: Executive Director 100362083 1 6 Copy to: Campbell Knutson, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Attn: Andrea McDowell Poehler 21. SIGNATURES BY COUNTERPARTS/FACSIMILE. This Agreement may be executed in counterparts. Signatures may be transmitted via facsimile or in "PDF" format via e- mail. [The remainder of this page intentionally left blank. Signature pages and Exhibits follow.] 100362083 1 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above, in multiple counterparts, each of which shall be deemed an original. SELLER: ORONO HOUSING AND REDEVELOPMENT AUTHORITY Its AND , Executive Director [Signature Page to Purchase Agreement] 100362083 1 8 PURCHASER: ORONO WOODS APARTMENTS, LLC, a Minnesota limited liability company IN Francis W. Lang Its: President and Chief Manager [Signature Page to Purchase Agreement] 100362083 1 9 PURCHASE AGREEMENT EXHIBIT A Property Legal Description Lot 2, Block 1, Orono Ambar, Hennepin County, Minnesota, according to the recorded plat thereof; 2 Together with an easement for ponding purposes over part of the land depicted as Parcel 242A on Minnesota department of Transportation Right of Way Plat No. 27-56, filed August 23, 1994, as Document No. 2544283, and taken by the State of Minnesota in Amended Final Certificate dated December 17, 1998, filed January 7, 1999, as Document No. 3106315, as created and described in Easement Agreement dated March 16, 1998, filed May 22, 1998, as Document No. 3017952. 100362083 1 PURCHASE AGREEMENT EXHIBIT B Declaration of Restrictive Covenants 100362083 1 PURCHASE AGREEMENT EXHIBIT C Amendment of Development Agreement 100362083 1