HomeMy WebLinkAbout05-28-2019 Council PacketAgenda
Council Meeting
Tuesday, May 28, 2019, 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
Consent Agenda
1. City Council Meeting Minutes of April 22, 2019
2. City Council Work Session Minutes of April 22, 2019
3. Claims/Bills
4. Approval of Rental Licenses
5. Appointment of Seasonal Employees
6. 2019 Contract Street Maintenance
7. 2020 Street Maintenance Planning and Engineering
8. Loma Linda Lake Access Dock Replacement
9. Approval to Accept Donation of Electronic Assist Bicycle
10. Approval to Dispose of Forfeited Vehicle
Public Comments — (Limit 5 Minutes per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage
in discussion or take action on items presented at this time. However, the council may refer issues to
staff for follow up or consideration at a future meeting. Speakers should state their name and home
address at the podium before speaking.
Presentation
11. Hennepin County Presentation — Jan Callison
Public Works/ City Engineer Report
12. JPA with Plymouth for Ferndale Road N Mill and Overlay Project
Mayor/Council Report
13. Donation Garden License Extension
City Administrator Report
City Attorney Report
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Adjournment
Agenda
Council Meeting
Tuesday, May 28, 2019, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Upcoming Events
2019
06-10-19 City Council Meeting, Monday, 7:00 p.m.
06-17-19 Planning Commission Meeting, Monday, 6:30 p.m. (Richard F. Crosby II)
06-24-19 City Council Work Session, Monday, 5:00 p.m.
06-24-19 City Council Meeting, Monday, 7:00 p.m.
07-01-19 Park Commission Meeting, Monday, 6:30 p.m.
07-04-19 Official Holiday, City Offices Closed
07-05-19 Official Holiday, City Offices Closed
07-08-19 City Council Meeting, Monday, 7:00 p.m.
07-15-19 Planning Commission Meeting, Monday, 6:30 p.m. (Aaron Printup)
07-22-19 City Council Work Session, Monday, 5:00 p.m.
07-22-19 City Council Meeting, Monday, 7:00 p.m.
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MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
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, City Council Members Richard Crosby, IIl, Matt Johnson, Aaron Printup, and Victoria
Seals. Representing Staff were City Administrator Dustin Rief, Community Development Director
Jeremy Barnhart, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City
Attorney Soren Mattick, and Recorder Jackie Young.
Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF APRIL 22, 2019
2. CITY COUNCIL WORK SESSION MINUTES OF APRIL 22, 2019
3. CLAIMSBILLS
4. APPROVAL OF TRANSIENT MERCHANT LICENSE — RENAISSANCE FIREWORKS
5. APPROVAL OF MESSAGE THERAPY RENEWAL LICENSE
6. APPROVAL OF KENNEL LICENSE RENEWAL
7. APPROVAL TO RENEW CONTRACT WITH GRANICUS
8. APPROVAL TO ACCEPT DONATION REIMBURSEMENT FROM HCEM
9. APPOINTMENT OF SEASONAL EMPLOYEES
10. REPLACEMENT OF TRUCK NO. 708 WITH BUCKET TRUCK
11. CHIPPER BOX PROCUREMENT
12. TREE INVENTORY
13. LA19-000030 — ORIGINAL FILE #17-3918 — WILLIAM AND KATHLEEN WANNER,
1095 FERNDALE ROAD WEST, 2ND EXTENSION OF RESOLUTION NO. 6833 —
RESOLUTION NO. 6971
14. LA19-000014 — NICK RUKAMP ON BEHALF OF STEVEN PRAWER, 4470 FOREST
LAKE LANDING, VARIANCE — RESOLUTION NO. 6972
15. LA19-000019 — CHRIS LAKE ON BEHALF OF BRACKETT POINT PROPERTY, LLC,
1400 BRACKETTS POINT ROAD, CUP AND IUP — RESOLUTION NO. 6973
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ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
16. LA19-000020 — VENIAMIN "BEN" BOCHARNIKOV, 3593 CRYSTAY PLACE,
VARIANCES — RESOLUTION NO. 6974
17. LA19-000021— BEN AND KATRINA WASSCHER, 4775 NORTH SHORE DRIVE,
VARIANCES — RESOLUTION NO. 6975
18. LA19-000023 — NOR -SON CUSTOM BUILDERS ON BEHALF OF CHARLES AND
JILL MILLER, 1600 BOHNS POINT ROAD — RESOLUTION NO. 6976
19. LA19-000024 — STREETER & ASSOCIATES ON BEHALF OF PETER AND NICOLE
THOMAS, 1385 ORONO LAKE, VARIANCES — RESOLUTION NO. 6977
20. 2019 JOINT USE DOCK LICENSE RENEWALS — RESOLUTIONS 6978 - 6988
25. LA19-000022 — MIKE STEADMAN ON BEHALF OF ERIC J. LARSON AND ANDREA
LARSON LIVING TRUST, 690 BROWN ROAD, PRELIMINARY PLAT —
RESOLUTION NO. 6989
Crosby moved, Seals seconded, to approve the Consent Agenda as revised, with the addition of Item
No. 25. VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
None
PRESENTATION
21. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT (SWPPP)
Edwards stated the City of Orono holds a MS4 permit under the National Pollutant Discharge Elimination
System (NPDES) program for operation of the City's stormwater drainage system. A requirement of the
permit is that an annual report be prepared and submitted to the MPCA. Staff has prepared the report and
has submitted it to the MPCA.
One component of the report is that the City hold a public meeting. The meeting must provide a
summary of the City's Storm Water Pollution Prevention Program (SWPPP), the activities of the City for
the past calendar year in regards to the permit requirements, and must allow for public input and
comment.
Individual cities' storm water management process has local and global impacts. Some of the basic
requirements include a storm water pollution prevent program, best management practices, annual
reports, ordinance development, and storm water system mapping. The permit is broken into six control
measures: public education and outreach, public participation and involvement, illicit discharge
detection, construction runoff, post -construction runoff, and good housekeeping measures within the City.
In 2018 the City's compliance activities included updating the surface water management section for the
Community Management Plan, articles in newsletters around storm water and drinking water, maintained
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ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
stormwater information on the City's website, grass and leaf disposal program, erosion control
inspections, street sweeping, city culvert repairs, watershed/pond surveys, and updated storm maps.
In 2019, the City has a planned renewal of the permit. While the City's permit actually expired in 2018,
the MPCA has granted an extension, and the updated permits are expected later this summer and will take
effect later this year. The City has also completed its pond survey and mapping this past year and 20
percent of the City's storm water system will be inspected in 2019.
Edwards indicated he is available for questions.
Richard Anderson, 3205 Crystal Bay Road, asked if the City has issues with not coming into compliance
with the WSP. Anderson asked if there are there requirements to provide additional ponds and whether
wetlands are part of the storm water plan.
Edwards indicated that is correct, and that there are also requirements the City has to follow as far as
protecting the tributaries and surface water in the area.
Anderson noted WSP did a program in Richland and that there might be federal funding available for it. If
additional land is needed, Anderson indicated he has a property on Tanager Bay that could be used for a
collection pond. Anderson stated the property could be donated to the City and that they might be able to
receive funding for the system.
The City Council took no formal action on this item.
PUBLIC SAFETY REPORT
22. ORONO POLICE DEPARTMENT ANNUAL REPORT
Police Chief Corey Farniok provided the City Council with a recap of the 2018 Police Department
Annual Report. The police department is committed to saving lives, preventing crimes, enforcing laws,
and solving problems.
One of the great successes last year was that the police department collected over 200 pounds as part of
the Drug Take Back Program, which was a decline of approximately 45 pounds from the year before.
Farniok stated he would encourage people to clean out their unused drugs and turn them in to help combat
the opiate problem.
Several years ago the police department changed their focus to center more on community outreach.
Some of the programs involved in that outreach include Coffee and Cone with a Cop, a visit with Santa
Claus, and a community service dog. In 2018 over the Christmas holiday season several officers went
with Santa to several of the local nursing homes. Xerxes is Orono's community service dog, which is
through a partnership with Can Do Canines. This was a unique situation where Xerces is used to help
comfort and connect with individuals impacted by trauma or are experiencing a mental health crisis.
The Orono Police Department also had great success with the DARE program in 2018. The DARE
program is a 6 -week course that is attended by the School Resource Office and begins in January of every
year. The SRO then teaches five classes about safety to various classes. The money for the DARE
program is donated by local residents and business owners.
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ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
The West Metro Drug Task Force did a phenomenal job this year and performed 104 arrests, conducted
131 search warrants, seized 65 guns, filed 100 state charges and 10 federal charges, and confiscated 1.2
pounds of cocaine/crack, 70 pounds of methamphetamines, 69 grams of heroin, 96 pounds of marijuana,
and 3,982 narcotic prescription pills. The estimated street value of the drugs seized in 2018 was $2.6
million.
In 2019 this area is seeing an increase in burglaries. One of the tactics used by the burglars is taking a
rock and throwing it through a sliding glass window. If no alarm goes off, they then enter the home.
Farniok encouraged the residents to contact the police department if they see a strange vehicle in their
neighborhood.
Walsh stated people overall are pretty safe in Orono, but there has been an increase in people going to
different garages, finding that the side doors are open, and then gaining access to the keys in cars. Walsh
encouraged people to lock their homes and garages as well as take their keys inside the house.
Farniok noted Orono is 20 minutes from downtown Minneapolis and that the homes in this area are not
always close to another residence. Farniok recommended people take the keys out of their cars, lock
vehicles, take any valuables out of their car, and then call the police department if they have any questions
or concerns. The police department will again be starting their bike patrol this year in some of the higher
density areas, which is another way to engage the community.
Printup asked when Orono has last had a bike patrol.
Farniok indicated they had it for a number of years but then it was disconnected. The newer officers
wanted to get this program going again and so the police department has partnered with the Crime
Prevention Coalition, who has donated a bike that can be used.
Farniok noted the 2018 report will be available to the public on Tuesday.
Johnson asked whether there is some legislation being proposed that would eliminate some of the drug
task force money that is received by the City.
Farniok indicated the police department has worked with the City's lobbyist to help change some of the
language in the bill. Currently the City receives back a portion of the money seized by the Drug Task
Force and the proposed bill would eliminate that. The City currently receives around $120,000 from that
program, which is used for equipment or overtime. Farniok stated if he sees some changes coming up
from the legislature, he will notify the City Council.
Walsh stated whenever cars or cash is seized, the City currently receives a portion of that. The state is
now proposing to take all of those funds and put them into the state's general fund and not give it to the
cities who participate in the program. Walsh encouraged the residents to call their local representative to
help support the police department.
Farniok noted the barrier on Highway 12 was achieved through various members of the public contacting
their legislator.
The City Council took no formal action on this item.
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ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
23. XERXES AWARD
Farniok noted the Orono Police Department was one of two departments that received the Award for
Innovation. Orono received this award for their community service dog program. Xerxes is utilized on
mental health crises and medical calls, and is there for officers, staff, and the public. Xerxes is a great
asset to the department and community. Xerxes' handlers have put a lot of time into making sure that he
gets out into the community and makes a difference.
PLANNING DEPARTMENT REPORT
24. LA19-000018 — CHRIS AND RACHEL BOLLIS, 350 STUBBS BAY ROAD NORTH,
PRELIMINARY PLAT — RESOLUTION NO.
Barnhart stated the applicants are proposing the subdivision of this approximately 10 -acre property into
two buildable lots, each meeting the minimum lot area size and frontage requirements. One of the lots is
uniquely shaped and offers limited buildable area since the building line falls in the wetland. The width
of the lot is normally measured at the building setback line. This lot does meet the width requirements as
adjusted and the development of the property is consistent with the City's zoning ordinances and
Comprehensive Plan.
The Planning Commission reviewed this application at their April 15 meeting. The main discussion at the
meeting involved the requirement of the cul-de-sac and the private road width. The applicant is
proposing a hammerhead turn -around versus a cul-de-sac. Even though the fire chief supports a
hammerhead configuration, City Code requires a cul-de-sac to facilitate the turning movements of large
vehicles, including emergency vehicles, school buses, garbage/refuse haulers, and delivery trucks. After a
lengthy discussion, the Planning Commission did not support the hammerhead.
In addition, the property owner is proposing pavement width of 20 feet. City Code requires a 24 -foot
width. The applicant has indicated that the reduced width protects existing screening evergreen trees.
Staff did not support the deviation from the width, but the Planning Commission supported a 24 -foot
width for the first 50 feet, which would coincide with the first driveway serving the adjacent property, and
the remainder being 20 feet wide.
Ultimately the Planning Commission did recommend approval of the preliminary plat subject to Staff's
recommended five conditions, with Condition No. 3 being amended regarding the driveway width. The
applicants have stated the decrease in width of the roadway is necessary to protect some existing
screening on the property.
Staff recommends the City Council adopt the resolution as drafted.
George Stickney, Developer, provided the City Council with a tree delineation survey that was conducted
on the property. Stickney stated at first they were not objecting to the 24 -foot width for the first 50 feet,
but upon further study it was determined that if the road was 24 feet wide, it would be within two feet of
the dripline of the tree. The neighbors on both sides of this property do not want to see the trees removed
or damaged since the trees are in very good condition. A 20 -foot width works just fine but 24 feet is too
wide, especially since there is not enough room on the north end to construct the road to that width
without damaging the trees.
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ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
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The plan proposes a hammerhead. There is approximately a 450 -foot long roadway. The code defines in
Section 82.2 that a cul-de-sac means a local street with only one outlet and having an appropriate terminal
for the safe and convenient traversal of traffic movement. The fire chief is in agreement with a
hammerhead design. Instead of a 100 -foot outlot, being proposed is a hammerhead that is 20 feet wide
and 70 feet deep. A comparison that was pointed out at the Planning Commission meeting was if they
were to do a normal 80 -foot wide clump of circular pavement around the property, that would impact the
wetland in the corner. The impact on the wetland is 83 percent less if a hammerhead is done.
Stickney noted they got into a long discussion at the Planning Commission meeting about how buses
were going to be able to go down the road. Stickney noted in any of the developments that he has helped
out on, he has never had a bus go down to one of the cul-de-sacs and instead the buses park at the end of
the street and the kids walk to the end of the road. Stickney stated he has not seen a school bus go down
to a cul-de-sac in the time he has lived in Orono. According to state code and the Long Lake Fire Chief, a
hammerhead is an appropriate turn -around, even given the fact that a fire truck is harder to operate than a
school bus.
Walsh noted drivers of fire trucks probably practice how to back up and that they cannot say a school bus
or other delivery vehicles will never go down that road. City Code states that unless there is some
overriding issue, it needs to be a cul-de-sac, which is the issue he is struggling with. While the
hammerhead may work for a fire truck, everybody else will be going down that road and that he cannot
envision somebody backing up a school bus with 30 kids on it.
Stickney stated the private roads are built to city standards and that he does not know of one private road
that allows a school bus to go down there due to the impact on the road and the future maintenance.
Walsh stated if a road is being built, it needs to be built to code unless there is some overriding issue.
While a wider road might wipe out more pine trees, those can be replanted but the road will never get any
bigger. From a safety standpoint, if people are going to park on the road, there also is a need to be able to
have cars go both ways. Walsh stated he would rather see the road built correctly up front with a cul-de-
sac.
Stickney noted these are 25 -foot pine trees.
Walsh stated he has never seen a true survey of the width of every tree in the correct location.
Stickney pointed out the grade is higher on the north side so the road cannot be wiggled through.
Johnson stated he did visit the site and that he measured from the middle of the existing road to the base
of the trees, which was 25 feet. Johnson commented he can understand what Mr. Stickney is saying about
other private roads, but that when he looked at this situation, it appeared there was adequate room to put
in a 24 -foot road and that he does not see a reason why it cannot be done here. Johnson noted when Irwin
Jacobs did his development off of Heritage, the City made him put in a full-size conforming cul-de-sac,
which is just what the City has done in the past and is what the code requires. Johnson stated he does not
see a reason for not conforming with the code.
Walsh noted the applicant needs a practical difficulty, and if trees are considered a practical difficulty,
there will be a lot of practical difficulties in Orono.
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ORONO CITY COUNCIL MEETEING
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Stickney noted the road would only access two lots and that he is not aware of any full cul-de-sac serving
two lots in Orono.
Walsh noted the third lot still has a driveway accessing on this road, which makes it three.
Stickney asked if there could be an option for something similar to Bracketts Point. In that development
there was a 90 -foot outlot created with 20 feet of asphalt around a 40 -foot island. That configuration is
appealing and the buses and trucks can get around it. That served three houses at the time.
Johnson commented he does not have a problem with that but that he is not sure if the radius is correct
and whether it needs to be clear in the middle.
Barnhart stated the code has a minimum standard and that the City Engineer will check the turning radius.
The caveat is that what Mr. Stickney is proposing takes up quite a bit more land.
Stickney stated it would also be reducing the impact to the wetland. If the island is created with 20 feet of
roadway around that with a shoulder, there will be plenty of room for trucks to make that. In addition, it
would be more appealing.
Barnhart stated if that is something the applicant would like to propose, Staff can run it by the City
Engineer, but that it will not work in this outlot.
Chris Bollis, 350 Stubbs Bay Road, stated the definition of a cul-de-sac under the code means a local
street with only one outlet having an appropriate terminal for the convenient traversal of traffic. State
approved designs were looked at for cul-de-sac terminals, and those included a circular one, a Y -design, a
hammerhead, and an alternate hammerhead. Given the Conservation Design study completed on the
property, it is felt the appropriate terminal would be that hammerhead terminal for the property since it
requires 83 percent less hardcover, fits within the contour lines, and is designed to allow vehicles to turn
around.
As it relates to practical difficulties, there is not enough space within that outlot to put a 100 -foot cul-de-
sac and it would impact the wetland. The appropriate terminal in their view is the hammerhead terminal
that was approved by the fire chief. Bollis stated in their view that meets code.
Barnhart stated the subdivision code requires an adequate turn -around and that the City Council has
determined what an appropriate turn -around is, which is the cul-de-sac as defined in the Code.
Johnson asked what prevents them from moving that farther southeast.
Bollis stated anything they do will impact that wetland. The City requires a Conservation Design and
they have to hold to that as well as the rest of the code.
Barnhart noted the Conservation Plan Design provides guidance to the environmental amenities on the
property with the goal of creating a subdivision that best preserves those features.
Johnson asked what would prevent them from moving the cul-de-sac further into the lot.
Bollis stated there is an access outlot there and that they are bound by the covenants of the access outlot.
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Barnhart indicated they would need to create a new outlot within the plat to extend the existing outlot and
that there might be some modification to the property lines.
Bollis stated in his view it would require a variance from the Watershed and that it could be avoided by
using the hammerhead.
Printup commented there appears to be a couple of different options and that perhaps the applicant could
come up with a couple of different options the City Engineer could review.
Barnhart noted this is preliminary plat and that there will be a final plat. The Planning Commission will
not see the final plat. The City Council could provide direction to the applicant asking him to address that
question, they could send it back to the Planning Commission, or they could direct the applicant to design
a cul-de-sac that meets the requirements.
City Attorney Mattick stated while it is called a preliminary plat, it is best to have a firm hand on what is
being proposed as opposed to being unsure what concept will ultimately be decided upon.
Walsh commented he would be comfortable with a cul-de-sac solution that Staff supports.
Bollis indicated he is happy to include a cul-de-sac if it fits.
Barnhart recommended the application be tabled until the cul-de-sac issue is resolved.
Printup moved, Crosby seconded, to table Application No. LA19-000018, Chris and Rachel Bollis,
350 Stubbs Bay Road North. VOTE: Ayes 5, Nays 0.
26. LA19-000092 — WILLIAM AND SUE DUNKLEY, PENCE LANE ADDITION
VIOLATION
Curtis stated the final plat approval for the Pence Lake Addition was granted by the City Council in
November 2018, which was recorded with Hennepin County in February 2019. According to Conditions
4 and 6 on Page 3 of the final plat resolution, access to or from Lot 1 over Lot 2 is prohibited. The
prohibition was effective the date of the plat recording. The Code allows two properties to share a
common driveway. A third property accessing a private driveway is not permitted since the third
driveway triggers the need for a private platted road.
The developer has stated their desire to enter the property over the Pence Lane roadway on a number of
occasions. Therefore, with this plat, a condition was placed in the resolution prohibiting access to or from
Lot 1 over Lot 2. The prohibition became effective on the date of the plat recording.
Staff has received a number of complaints regarding construction traffic serving Lot 1 over Lot 2. In
response, Staff sent a letter on March 25 reminding the property owners of the prohibition and the plat
conditions of approval. Additional complaints were received resulting in a letter being sent dated April
24 and the scheduling of this meeting to discuss a solution or revocation of the plat.
At this time Staff is seeking guidance on the best way to address this issue.
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ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Curtis stated throughout the construction of the addition to the Dunkley home, Pence Lane was utilized
for the construction because the Dunkleys had combined the two lots into one lot when they purchased it.
As a result, they were allowed to access over Pence Lane, and that occurred during the majority of their
construction. When Lot 2 was created, the prohibition began. Traffic for construction vehicles on a
number of occasions were reported coming either in and out of Pence Lane. Since the Dunkleys were
reminded of the provision in the resolution, Staff did observe a vehicle that was serving the Dunkley
property parked on the property and positioned in such a way that there would not have been another way
for that vehicle to enter the property except for Pence Lane. City inspectors were not aware of the
prohibition but said construction traffic was doing the same.
Prior to the plat being finalized, the applicants received approval from Staff to create a construction
entrance and provide a flat area for parking.
Johnson stated basically it appears construction people are coming down Walters Port or coming down
Pence and then leaving via Walters Port. Johnson asked whether they can only use Pence.
Curtis stated they can use Walters Port for Lot 1 and Lot 2 can utilize Pence Lane.
Crosby asked if there is an issue with the size of the vehicles navigating Walters Port.
Curtis stated she is not aware of that.
Crosby noted that turn in there can be rather tight for an oversized vehicle, especially with the fire hydrant
there.
Curtis stated she believes the large vehicles are done being on the site and that the current construction
traffic for the Dunkleys' project consists primarily of finishing people, HVAC people, etc. Staff would
like the applicant to install a barrier that would prohibit the traveling back and forth between the
properties.
Eric Vogsstrom noted he sent an e-mail a couple of weeks ago to Staff and the mayor and that they do
have signs up.
Walsh commented the sign does not appear to be solving the issue.
Vogstrom stated for the first year of construction, all the subcontractors were allowed to come in on
Pence Lane. Following the approval of the final plat by the City, an e-mail was sent to everyone telling
them not to use Pence Lane. After being contacted by Staff, another email was sent out telling everyone
that they needed to stop using Pence Lane. After the third time, the sign was flipped around that says
absolutely no more construction vehicles.
Vogstrom stated as far as he knows, no one has come in through Pence for approximately three weeks.
Vogstrom stated within the hour of being notified by Staff, he sent an email out to everybody and also put
up the big sign. To his knowledge there has not been an issue since then and that he has gone out of his
way to tell people not to do it.
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ORONO CITY COUNCIL MEETEING
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7:00 o'clock p.m.
In addition, there is also construction going on on Pence and those vehicles are allowed to use the Pence
Lane road. Vogstrom stated in his view he has done his due diligence as far as not having anyone come
in there and that he does not believe it is an issue anymore.
Sue Dunkley, 2709 Walters Port, stated an example of how tough they are trying to be is a gentleman
pulled in the other day with a trailer, pulled straight ahead, and the guys quit their work and went out of
the house immediately to warn him. The guy had to back all the way down into Mr. Crosby's driveway.
Vogstrom commented they are taking it seriously.
Dunkley noted the same subcontractors are being used on Eric's project and that they can take as many
pictures as they want but she does not know if they have the time to do that. Dunkley stated she is not
sure whether the City would like the contractors to sign in as they enter the property or how they would
like them to deal with it. At this time their addition is almost done. Dunkley noted they have paid
approximately $38,000 to the City in fees for this project as well as park dedication fees and that they
have paid taxes for 35 years but they are acting like they are criminals. At the present time all
construction traffic is coming down Walters Port.
Walsh noted construction traffic for the Dunkleys' project must go down Walters Port but that the
construction traffic for Eric Vogstrom's project can go down either Pence or Walters Port.
Vogstrom stated most have come down Walters and that they are taking this seriously.
Dunkley stated the subcontractors have all been talked to.
Crosby stated as someone who lives in the area, he believes they have gone to good effort with the
signage but sometimes construction people do not follow instructions. Crosby suggested they perhaps
have someone blow the roads clean every week.
Crosby suggested Eric have the subcontractors drive down Pence for his project and that he should also
think about having some type of turnaround for vehicles. Crosby stated while the signs are clear as day,
not everyone follows instructions.
Vogstrom stated now that the road restrictions have been lifted, they have removed a big pile of dirt,
which provides more of a turn -around.
Walsh asked if anything else has occurred in the last three weeks.
Curtis indicated she has not received any reports from the City inspectors or neighbors.
Printup stated there are a couple of things going on here. The contractors do not live here but they are
here to do a job and do not necessarily follow instructions. Print -up commented this does not come as a
surprise.
Crosby stated the signage is large and in his view they have gone to great lengths to mitigate the issues.
Greg Hueler, 2715 Pence Lane, stated he appreciates their adherence to City Code on the Bollis
application, but that he is not sure where things went awry with this application since the City Code
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7:00 o'clock p.m.
appears to have kind of been made a joke of. People are doing things with permits and without permits
and that it has been fascinating to see the City's response or lack of response to it.
Kelly Hueler noted the City Council's whole road has not been destroyed to the point where they can
hardly use it. Hueler asked whether they are aware of the court's decision on the driveway since it is a
public document. Hueler stated they were sued for some declaratory judgment on their easement, which
is part of the title to their property. The judge declared every single claim that the Dunkleys tried to make
was denied. Even though the Dunkleys are barred from any access to Walters Port through that driveway
easement, they have been using that driveway for heavy construction vehicles even after they were told
by the courts and City Staff. After the plat was filed, the amount of traffic has continued and the
driveway has been used. What Mr. Crosby says he has observed is not true.
Greg Hueler noted earlier today they were moving dirt down their driveway.
Kelly Hueler stated all Saturday heavy equipment drove down their driveway and their big steel wheels
are tearing up the driveway. The workers took dirt from Eric's address, went out onto Walters Port, and
did land alteration around the entire marsh. Hueler asked whether they have a permit for land alteration
around the marsh.
Walsh noted he cannot solve what happened in the past but that they are addressing what is going on
currently.
Kelly Hueler noted that work has been done within the last three weeks.
Greg Hueler suggested some type of permanent stone retaining wall from the corner of Eric's property to
the marsh be constructed
Kelly Hueler indicated she has videos from just the other day and the weekend before of construction
vehicles going up to the Dunkleys' property on Pence. What has been represented here tonight is the
same thing as Mr. Dunkley getting up here and saying the Huelers have no rights except to cross over his
land, which has been denied by the court.
Walsh noted in the last three weeks Staff has indicated they have received no calls from anybody.
Curtis stated development grading has started up again with the excavation of Mr. Vogstrom's basement.
The development grading is for the Pence Lane work. Different permits have been approved related to
the plat, and if the work is related to the plat, that work is permitted.
Kelly Hueler asked if the City can permit Mr. Vogstrom to use equipment down the shared driveway to
Walters Port when the court has said there is no access.
Mattick noted the City is not here to enforce the court order and that there are two issues at play. The first
is the court order and the other issue that they are here on today is the actual permit the City issues. If the
Vogstroms bring equipment down to the undeveloped lot, they are allowed to use Pence Lane.
Kelly Hueler noted they are not allowed to use Pence Lane to bring equipment down to the Dunkleys'
property.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Mattick stated he wants to clarify that she is talking about the court order and that they are here tonight to
deal with the permit, which talks about when Pence Lane gets to be used and when they get to use
Walters Port.
Hueler commented it is her belief the court order is consistent with the permit.
Walsh stated if people are coming to do work on the plat, they can come down Pence or Walters Port.
Walsh stated the City cannot monitor what work is being done where, but if they are doing work on the
plat, they can utilize either road. Currently there is work being done on the Dunkleys' house, Eric
Vogstrom's property, and the plat. The Dunkleys are only allowed to use Walters Port for their work and
the work on the Vogstrom property and the plat can use either road.
Kelly Hueler asked who is going to pay for the damage to their driveway. Hueler noted they could have
been using Walters Port 100 percent of the time but that they have been using Pence Lane. Hueler noted
the City approved the plat and issued the permits but yet they are claiming they have no responsibility for
what is being done to their shared driveway.
Mattick stated the record will say if you broke it, you pay for it.
Kelly Hueler stated they are here about the City's obligations and the City's requirements. Hueler stated
what they are experiencing in real time is not what is being represented here and that she regularly
watches people come in and drive down their driveway.
Walsh noted the contractors are still working on the plat work and that they get to use both roads. Walsh
stated a wall could be a reasonable solution once the plat work is done but that right now he is trying to
lay out the facts.
Kelly Hueler asked whether all the construction vehicles that have been going down the shared driveway
is permissible even though the work is being done on Walters Port and whether that is acceptable to the
City.
Walsh reiterated the work taking place at the Dunkleys' property has to use Walters Port, the work on
Eric Vogstrom's house is supposed to use Pence Lane, and if they are working on the plat, they can use
either road.
Kelly Hueler stated that is the City's position but not the court's opinion.
Mattick stated the Huelers can enforce that court order.
Curtis asked what the timing is on the completion of the portion that is depicted on the screen of the plat
grading.
Vogstrom indicated that work will probably continue for about three weeks. Vogstrom noted this is the
Hueler's land and that they do not have a shared driveway.
Dunkley noted they have a 600 -foot easement.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Vogstrom stated all the property owners on Pence Lane have a one-third interest to the gate. As soon as
you go past the gate, it is 100 percent his property.
Dunkley stated the order the Huelers are talking about is not entered, is not docketed, and is being
appealed. Dunkley indicated she has lived here 35 years and that they have affidavits from every one of
their previous neighbors stating that no work has been done on that road for more than 30 years. The
Hueler's expert witness has stated that a road in Minnesota lasts between 25 and 30 years.
Walsh noted all construction vehicles are supposed to come down Walters Port for the Dunkleys' project.
Dunkley stated that is absolutely correct and that they will make sure of that.
Walsh stated what he is trying to find out is how much plat work still needs to be done in the area where
the Huelers suggested putting a wall.
Vogstrom stated he still has to put in his footings and foundation and then backfill. Vogstrom stated he
anticipates the work will take over a month and that they are trying to balance the dirt on the lot so they
will not be doing any final grading at this time. Vogstrom indicated they will do it the quickest and
fastest way possible and that they are not trying to drag this out but neither is he going to spend extra
money to get it done quicker.
Walsh asked how Staff feels about this.
Curtis stated she was hoping they could reach a middle ground and that the issues with driving through
the two properties should be solved.
Johnson asked what temporary options there are.
Dunkleys noted their house will be done in three weeks.
Vogstrom stated in his view that is no longer an issue since the signs have been installed and all the
subcontractors have been notified.
Johnson stated the question was whether there is some sort of temporary barrier that can be put in.
Vogstrom stated he is going to have people coming in every day for the next year and the Dunkleys'
house will be done in the near future so construction vehicles will not be going in there. Vogstrom stated
to his knowledge there has not been a problem the last three weeks and that he does not know what a
barrier is supposed to do.
Rief stated if it is going to be three to four weeks to finish the plat work, perhaps it would be reasonable
to put up some erosion fencing in through there to help delineate it. The fencing could be removed at the
time the final grading is done and could extend from the corner towards the lot line.
Dunkleys noted a retention pond is going in.
Vogstrom stated the Huelers do not want anyone accessing down Pence Lane.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Rief stated the construction workers on the Vogstrom property can access via Pence Lane. Rief noted in
the beginning of this process reconstruction of Pence Lane was discussed and that he is assuming some
work will be done to the road once construction is done.
Vogstrom indicated he is not sure at this time and that it is his driveway and not the Huelers.
Rief stated the erosion fencing is probably the cheapest option. Rief stated he was also out there a few
weeks ago, and while he was not looking at the Vogstrom property, he did see an HVAC car parked there
and that his assumption is it came in through Pence Lane.
Vogstrom stated in the last few weeks if any contractor came in there, he would be surprised, and that in
his view 99 percent of the problem has been solved.
Dunkley stated those same subcontractors will also be working on Eric's property and that the situation is
getting pretty crazy. Dunkley noted she received two packages for the Huelers from UPS recently and
that she put them back in the Huelers' mailbox but that she didn't get mad because a UPS truck was in her
driveway. Dunkley stated she has lived there for 35 years, they are all neighbors and never had a fight,
and that they put in $200,000 to save everybody's lagoon so they could access the lake.
Vogstrom stated he also has pictures of some pods that were delivered to the Huelers that came up
Walters Port. When the Huelers had their driveway resealed, they parked both of their cars on Walters
Port.
Greg Hueler asked if the Dunkleys have been issued a permit for another driveway since that is what the
fill looks like it is being used for.
Curtis indicated it should be the completion of the grading plan.
Kelly Hueler asked if the grading plan includes a new driveway on Walters Port.
Curtis indicated it does not.
Kelly Hueler noted the court order is for Pence Lane and their driveway. Hueler asked if that affects the
DNR or the Watershed.
Curtis indicated she has not been out to the site recently but that they need the excavating equipment to
create the berm.
Kelly Hueler stated she is confused about what is allowed.
Curtis stated the grading is designed to complete the approved grading plan and that the City Engineer has
re-evaluated the plan after the applicants stated they would like to do some additional changes to the
berm. As long as the silt fences are around the wetland, the Watershed District is probably fine with the
work. Once the work is completed, an as -built survey will be submitted, and there is no work proposed
for a new road in that area.
Kelly Hueler asked if there is a driveway or a second road coming off of Walters Port.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Curtis indicated there is not. The grading that is shown appears to be flattening that area, and with the dirt
that is being done, it might look like an opening down to that area, but the City has not approved anything
that would be another access point.
Walsh noted Staff is seeking guidance on how to best address the issue with the construction vehicles and
that the Huelers say it should be apparent to Staff that the Dunkleys have not been complying with
conditions. Walsh asked what solutions the City has.
Mattick stated it does appear that contractors, due to habit or lack of knowledge, appeared to have
continued to use Pence Lane once the final plat was filed, but that since that time Eric has sent out notices
to all the contractors.
Walsh stated you could argue that best practices are being used.
Mattick stated it does appear that there are still issues on Pence Lane, and what is difficult about that is
that Eric is bring some contractors down to look at his property via Pence Lane. The court order is not
before the City Council and what the City has jurisdiction over is the permit. To the extent Eric has
contractors on Lot 2, that is allowed under the city permit. When construction starts on Lot 2, those
vehicles are also allowed to use Pence Lane. As far as damage goes, that is not a public road so the City
would not be involved in that. Ultimately that will be between the Huelers and whoever does the damage.
In terms of the overall grading work, additional controls granted allow that to occur. If the City feels like
that needs to be restrained in terms of access, the City Council can look at that. The Huelers do have an
easement and they have a reasonable right to use it.
Mattick stated there is no easy solution but that an erosion fence may help to curb some of the
construction traffic that is not supposed to be using that area. Mattick noted all construction traffic for the
Dunkleys' project is not to use Pence Lane.
Walsh asked whether the City Council has the ability to revoke the plat.
Mattick indicated the City Council does but that the punishment needs to fit the crime. At this point there
are simply some access issues.
Walsh stated the City needs compliance with whatever solution is arrived at, and that they could put up a
silt fence to help address the problem. Walsh stated while the fence may not stop people who are coming
down the road, they would have to back up once they reach the fence, and the second time they won't
come down.
Crosby asked if they are still moving dirt in that area to take care of Eric's lot.
Curtis indicated she is unaware of where they are at in moving the dirt.
Crosby stated if there is a time frame set to accomplish that work and they put up a privacy fence or
something of that nature, at that point, if it gets violated, the City goes to the next step.
Walsh stated that is essentially just putting more time frames out there that may not be complied with and
that in his opinion they should be able to find a place to put a fence that can be verified by the city
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
inspector. If they are moving dirt and that fence needs to be moved, an erosion fence would be easily
enough moved.
Walsh commented there is no magic silver bullet to this situation but that the City cannot make them
build a wall.
Rief asked if it would be reasonable to ask that when the workers switch from doing foundation work to
doing plat work that they notify the City so that information could be conveyed to the Huelers.
Walsh stated in his view that would be a reasonable expectation.
Mattick stated the bottom line is, the City is spending a lot of staff resources to figure out what is going
on in terms of construction, and to that extent, those types of communication would help.
Walsh stated there is a very specific plan that needs to be done. Walsh asked whether Staff is okay with
the solution that is being proposed.
Curtis stated instead of fencing along the corner, they could place it along the common property line since
the contractors will need room to park on the Dunkley property.
Rief stated if there is a 10 -foot wide flat area that they could drive through, they will do it, and that
perhaps they could bring the fence down to the wetlands.
Vogstrom indicated he has a bunch of dirt and they are in the process of moving it. Basically the fence
would be in the way. Vogstrom asked whether he can go on the Dunkleys' property if the Dunkleys are
okay with that.
Barnhart stated Mr. Vogstrom has permission to grade according to the grading plan and that the City is
suggesting a fence be put up to delineate the property line.
Vogstrom asked whether he can go on Dunkleys' property if he has their permission.
Curtis questioned why that would be necessary.
Vogstrom stated for maneuvering it is easier and quicker.
Walsh stated they are trying to solve a problem here that the City did not create and that the City is going
to have to do more work to enforce. Walsh asked where Mr. Vogstrom would put the fence.
Vogstrom noted the Huelers do not want them coming in Pence.
Walsh stated the City Council feels a fence needs to be erected and that they are trying to figure out where
the fence should go. Walsh stated if there is some work that requires the fence to be taken down, it can be
taken down temporarily, but then it should be put back up.
Curtis asked why they could not complete the grading in the area of the fence first and then erect the
fence.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Vogstrom stated they potentially could do.
Walsh asked what the next step would be if the fence is not put up.
Mattick stated if they are violating the terms of the approval, the work can be stopped.
Walsh stated the problem is that weeks have gone by and that the City wants a solution. The solution that
has been discussed tonight is a fence, which requires the City to do extra work to ensure it is put up and
stays up. Walsh stated it sounds like that is a workable solution for the most part and that the city
inspector will go out there in 48 hours to make sure it is up there or else a stop work order will be issued.
Crosby stated the more delays that happen, the longer the project gets dragged out and that this project
has taken way longer than it needs to. Crosby suggested the City give them a two-week opportunity to
move the dirt properly and then they put the fence up. If the City says do not move the fence once it is up
and it is moved, they will be in violation.
Walsh moved, Johnson seconded, to require a fence be erected within 48 hours along the Vogstrom
and Hueler property line. VOTE: Ayes 4, Nays 1, Crosby opposed.
(Recess taken from 9:00 p.m. to 9:05 p.m.)
CITY ADMINISTRATOR REPORT
27. CITY MISSION, VISION, AND GOALS
Rief noted at the January work session Staff presented variations of a mission statement, vision statement,
and a list of goals. The proposed mission statement reads as follows: "The City of Orono will provide
effective guidance through public policy established from citizen involvement, by empowering Staff to
implement best practices to prepare Orono for any challenges of the future and by ensuring a positive
customer experience, superior municipal services and provide a safe community for the residents,
businesses, and customers to live, work and play in."
The proposed vision statement reads, "To be the residential community of choice and remain widely
recognized for its preservation of natural rural beauty, quality of life, and recreational assets."
To support the mission and vision, the goals are proposed as follows:
To provide consistent high levels of customer service to our residents and balance the
enforcement of city codes.
2. To maintain sustainable funding for infrastructure while maintaining a stable tax levy.
To create a culture of continuous improvement by providing efficient and reliable government
services.
4. To adopt best practices into city processes to ensure the high-quality services are provided in an
ever-changing environment.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Walsh noted the City Council discussed this at a work session and it is their belief it fits pretty well with
the City's overall philosophy.
Crosby moved, Printup seconded, to approve the city mission and vision statements and goals.
VOTE: Ayes 5, Nays 0.
28. PROPOSAL TO PURCHASE PID#34-118-23-32-0051
Rief stated the City of Orono owns Parcel ID 3411823320051 located between 340 Willow Drive and the
Long Lake municipal boundary on the east. A interested party was looking to do a development on these
three parcels. During that process, Staff identified this lot as being city -owned and the party is here
tonight to ask what the Council's opinion is of the lot. If the Council is interested in possibly selling this
lot, the second step would be to determine pricing for the lot.
Walsh noted the developer has not brought forward any formal proposal, so discussion on this item might
be a little premature. Walsh suggested the developer bring a proposal forward and then the City Council
can discuss it.
Walsh noted the City's donation garden is located on that property and that he would like to hear from
that group tonight as well as in the fall. Walsh commented the community garden is a great asset.
Printup noted previously there was a proposal for some density housing for this area, which was not too
different from what is being proposed. When that area was developed, there was an Option 3 in 2011,
which was to designate the city -owned property as a park. Printup stated it was important to him at that
time to call that piece of land a park. In addition, the City has a vision statement that they just approved
tonight. Printup stated while that area is very small, it is still one of Orono's parks, and he is not
interested in selling city land in general because it opens the City up to different things.
Printed noted there was a license agreement for the community garden but that agreement was not
included in the packet that was delivered prior to the weekend but it has been made available today. That
license agreement is in place until 2022. While the City still has ownership of the land and can pull that
agreement with 90 days' notice, he would like to extend the agreement past 2022, which would make a
bold statement that the City is not interested in selling this piece of land.
Crosby noted the fire department also utilizes that parcel for training purposes and that he agrees with
Council Member Printup. The residents of Orono want open space and the City can control what happens
on city -owned land. Crosby asked what would stop the City of Orono from calling it the Fireman's Park
to honor past firefighters who have served the Orono community as well as keeping the community
garden.
Seals stated the City Council should be completely bold and say they are absolutely not interested in
selling the land. If the City has to have high density, that can be done along Old Highway 12, and that the
City Council does not have any intention of letting the density creep. Seals indicated she was a little
taken aback when the City of Long Lake showed her this plan and that the City Council should make it
clear that they want certain areas left as open, green spaces, and place higher density elsewhere.
Barnhart stated from a land use perspective, the City has identified this area for medium density housing.
While the Council has the ability to dictate land use, if this area remains green space, it will be necessary
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
for the City to designate another area for higher density. The density for this area is currently 3 to 10
units per acre.
Seals moved, Crosby seconded, to deny the sale of Parcel ID 34-118-23-32-0051.
Johnson noted it looks like some staff time has been invested into looking at this potential sale, and the
best use of Staff time might be to find out whether the City is interested in selling it first before devoting
any more Staff time to it.
Walsh noted the City Council will look at any proposal that is brought forward and that a cursory review
might be appropriate, but that City Staff does not have a lot of time to devote to reviewing requests for
things that are not formal proposals.
VOTE: Ayes 5, Nays 0.
Janie Delaney, 1350 Wooddale Avenue, noted a 501(3)(c) was formed in 2018 so they could take the
garden in a different direction and get more community support, financing and donations. That has made
all the difference in the world. A number of amazing people started the garden in 2011 and this garden
would not exist without them laying the groundwork for it. Delaney stated they soon found out that the
donated money was being used to purchase seeds and plants, which is not wrong, but that they are now
soliciting donations for that.
Delaney noted they have a fantastic website called donationgarden.org, which has a lot of great
information on it, and that they would love to come in the fall to show the City Council all the things they
do out there.
Delaney stated they are excited about the donation garden and that it took them about two years to rebuild
relationships with local businesses. Delaney indicated they are in agreement with expanding the garden
to a community type garden and that she knows there are other fire departments that grow pumpkins for
the kids and that type of stuff.
Delaney commented the world is at a precipice of a huge societal change and that more people now live
in cities, are rushing to various activities daily, and eating on the run. Most cities do not provide
alternatives to that type of lifestyle and that it is important to have a venue, a plan, and local support for
food and farming. One way to start is by having a community garden where kids can learn how to grow
crops. The City of Maple Plain has a community garden, which serves the Sparks program at Orono
Schools. There needs to be support like that in Orono. There is enough space for a school garden to
provide produce to the school's lunch program and other programs can be contacted for support and
guidance. Margaret Mead once said, "Never doubt that a small group of thoughtful citizens can change
the world; for indeed it has."
Delaney noted currently only three-quarters of the garden is farmed and that can be expanded as the
interest grows.
Walsh stated the whole idea of a community garden is a great garden and that he would suggest the Park
Commission get involved and that perhaps a meeting could be set up with the City Administrator and a
representative from the Park Commission to assist them.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Johnson suggested some articles on the garden be included in the City newsletter.
Printup moved to extend the license agreement for the community garden past 2022.
Printup noted the agreement is currently renewed every five years.
Rief asked whether Staff should bring the license agreement back before the City Council in case they
would like to make any other changes.
Mattick suggested it be discussed at a work session.
THE ABOVE MOTION WAS NOT SECONDED.
Rief stated based on his notes for the work session, they will be reviewing city parcels, the Crystal Bay
Road situation, this parcel, and then the Comprehensive Plan relating to density.
MAYOR/COUNCIL REPORT
29. HR EVALUATIONS DISCUSSION
Johnson stated one of their proposals was to do an evaluation with City Administrator Dustin Rief and get
some feedback from some of his reports. Dustin suggested they get full Council support on doing an
evaluation and then to have a full Council vote on recommending that an evaluation be done by reaching
out to his subordinates and indirect reports.
Walsh stated Johnson and Seals will be acting as a team for that project.
Seals stated they would like to have evaluations completed by his subordinates and then Dustin complete
the same evaluation. Seals indicated that information would then be sent to the City Council. All
evaluations would be anonymous except for Dustin's.
Mattick noted the City Council can hold a closed meeting to discuss an evaluation of an employee but that
it is recorded. The employee can request a copy of that recording.
Seals commented she comes from a culture where they do evaluations twice a year and that currently the
City of Orono does not have a robust evaluation system in place.
Walsh moved, Crosby seconded, to appoint Council Members Johnson and Seals to the evaluation
committee. VOTE: Ayes 5, Nays 0
MAYOR/COUNCIL REPORT, CONTINUED
Johnson noted he will not be in attendance at the next City Council meeting.
Crosby reported he attended the dedication of the Wayzata Police Memorial earlier today where they
specifically honored Police Sergeant Anderson and Officer Matthews. Sergeant Anderson was shot in the
line of duty and Officer Matthews was hit by a car while cleaning debris off the road. Crosby stated our
thoughts go out to those two families and the law enforcement community.
MINUTES OF THE
ORONO CITY COUNCIL MEETEING
Monday, MAY 13, 2019
7:00 o'clock p.m.
Printup had nothing to report.
Seals reported she received a text from the Long Lake Fire Department indicating that they made a
donation to the Orono girls soccer organization.
The Orono/Westonka blitz was held this past weekend and they made $25,000. Seals stated it was a nice
kickoff for the community and a great boost to the soccer program.
Walsh reported he attended the annual Lake Mayor meeting sponsored by Commissioner Jan Calliston.
Updates were provided on the development going on around the different cities. Also discussed was the
LMCD and who supported the legislation or did not sponsor the litigation.
CITY ATTORNEY REPORT
Mattick stated he had nothing to report.
CITY ADMINISTRATOR REPORT, CONTINUED
Rief stated the City has not received the testing back yet on the Navarre water and that he hopes to receive
it tomorrow. A letter will be sent to the Navarre residents. So far the City has only heard from one
resident.
Johnson stated he would like to receive some more information on how many cases are being prosecuted
for ordinance violations.
Mattick stated he is aware of one case being farmed out due to conflicts, and if there is a desire to receive
updates on various cases or the number of tickets issues, that is information the city prosecutor would
have.
Rief noted he did receive an update and that he can pass that information along.
Walsh noted the City Council did request a yearly update at the time the city prosecutor was hired.
1311111i17►1u 1 04I N
Printup moved, Seals seconded, to adjourn the meeting at 10:03 p.m. VOTE: Ayes 5, Nays 0.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Orono City Council
Special Work Session
Monday, April 13, 2019
Council Chambers 5:30 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Matt Johnson,
Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief,
Community Development Director Jeremy Barnhart, City Attorney Soren Mattick and City
Clerk Anna Carlson.
Meeting Start Time: 5:30 p.m.
1. Marina Licensing
Community Development Director Jeremy Barnhart presented the Marina Licensing item. He
gave a brief background about the history of Marina Licensing in Orono. Barnhart mentioned
that the standards laid out in our Code are shown in the memorandum. He recommends a public
hearing if Council would like to re -institute marina licensing.
Mayor Dennis Walsh asked how we would enforce a license if they already have a Conditional
Use Permit (CUP) that lays out very general conditions of their permit which are not very
specific. Walsh noted the parking issue is really only occurring for a small period of time, so
what effect would a license have on that if they already have a CUP.
City Attorney Sore Mattick stated enforcement can only happen if they directly violate the land
CUP. The City does have the right in the community to institute a business license, if desired.
With licensure you can impose additional reasonable restrictions.
Walsh is concerned that there would be an argument on the business owner's side if they already
have a CUP.
Mattick noted that if the City implemented a license, it would not be revoking the CUP you
would be revoking the license for compliance.
Council Member Victoria Seals mentioned that the main goal of discussing this is to get the
marinas to comply with their CUPs. Seals noted there always seems to be some kind of variation
of the marinas doing whatever it is that they want to do and nothing happens to them. She is
concerned that if they are not complying to the CUP what would make them comply with a
license.
Mattick noted that if their CUP lays out the specific conditions and any of the conditions are
found to be in violation, you could revoke the CUP, which would not allow them to continue to
run their business.
Barnhart mentioned that for businesses that preexisted before the ordinance, there is no CUP.
Seals asked what can you do if there is no CUP.
Soren noted that if the business was considered a true lawful non -conforming use, then by adding
a license it could be a way to add another layer to gain compliance. Otherwise the City really
has nothing to go off of to gain compliance.
Orono City Council
Special Work Session
Monday, April 13, 2019
Council Chambers 5:30 p.m.
Council Member Matt Johnson asked why can we establish and enforce a license on residential
properties but have no say on the businesses. The City currently does not take any active
measures to ensure compliance, it is a complaint based system. If the City decides to implement
licensing they could implement a standard for compliance that makes the city insure and enforce
the standards.
Mattick explained that because there is no active licensing, it makes it hard to enforce anything.
He recommended the Council to figure out what the issues are and what standards they would
like to implement.
Council Member Richard F. Crosby II mentioned that if we come up with reasonable standards it
could be easier to enforce through licensing.
Walsh expressed that the City would need to sit down and look at the details and find out what it
is that council would like to do to get them to comply. This is a process that will take time to
figure out. Walsh asked if Victoria Seals and Matt Johnson take the lead and begin looking into
what standards the council may want to implement.
City Administrator Dustin Rief asked Mattick if we went through process for implementing
licensing, how could that effect the CUP. Rief asked if the license would supersede the CUP.
Mattick responded that it would essentially be another layer for compliance. He recommended
the City figure out what the conditions are prior to implementation.
Barnhart will share information with the council.
Johnson would like to see it be organized similar to how it was done for the accessory structures.
Johnson added that the other piece is that there is legislation going through about the licensing
questioning if the LMCD has any authority on the marina licensing.
Resident, Gabe Gabbour explained his concerns about the LMCD and their authority to charge
fees and enforce regulation of marinas. He asked the City to request from the state auditor if the
fees that are being charged are legal or if the LMCD has the right to do enforcement. He also
asked if the auditor says they don't have the right to charge a fee (LMCD) who goes after them.
Walsh stated that the City can ask the question and reach out for clarity.
Mattick stated the questions are can they charge us to begin with and what are they regulating.
2. Crystal Bay Road Lake Lots
Barnhart stated that the City frequently receives questions about purchasing or somehow
acquiring the Crystal Bay Road lake lots. These lots are city owned and the city is not interested
in selling them based on the summary of background information provided to the City Council at
the September 12, 2011 Council Work Session. These four lots share reserved rights to over 178
lots that have bath and boating rights.
Orono City Council
Special Work Session
Monday, April 13, 2019
Council Chambers 5:30 p.m.
Mattick stated that there would be a few concerns if the city gets rid of the lots that could
potentially cause some issues. If the City chose to get rid of the lots then availability would need
to be open to all 178 lot owners.
Printup agreed that it could create issues if the city goes to sell it.
Mattick added that there is no existing rule that states you have to open in it up to all 178 lots.
Crosby is not opposed to allowing the adjacent owners be able to purchase the lot and use the
proceeds to improve other park areas.
There was discussion about the different possibilities that could come from those lots. Staff will
look into those and bring back at a future work session for discussion.
3. Wayzata Country Club Boundary Adjustment Request
Dustin Rief mentioned that he was contacted by the Wayzata Country Club, they have requested
to a boundary line change. Rief provided background information on the lot and land value.
There was discussion regarding various counter offers.
Rief will reach out to them with a counter proposal.
Meeting End 6:50 p.m.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
AGENDA ITEM
Item No.: 3
Item Description: Claims/Bills
Date: May 28, 2019
Presenter: Maggie Ung Agenda Consent Agenda
Accountant Section:
1. Purpose. The purpose of this action item is to approve payment of claims made on the City for
services and/or products provided to the City.
2. Background. The attached claims for payment have been received by the City. Staff has reviewed
the claims and is recommending approval of the listing for payment. The claims will be paid by checks
111822 to 111921, totaling $287,021.18.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
#111860 Dodge of Burnsville
$109,693.00
Payment for purchase of 4 new squads.
#111876 League of MN Cities
$9,067.00
Payment for the adjustment of the year-end 2018 workers
compensation premium.
#111918 Witt's End Landscaping
$14,642.50
Payment for the first half of the 2019 Golf Course
Drainage project. The project covers Fairway 7, 8 and 9.
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: AVt.CU Reviewed By:2J(9 Approved By: lb)
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 5/14/2019 - 5/28/2019
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
MN DEPT OF COMMERCE
05/14/2019
111789
001-0000568
101-42110-221
Calibrate Wheel -Load Weighers
Total 111789:
MN DEPT OF COMMERCE
05/14/2019
111822
001-0000568
101-42110-221
Calibrate Wheel -Load Weighers
Total 111822:
City of Wayzata\DMV
05/17/2019
111823
051719
101-42110-550
Squad #258 Registration
City of Wayzata\DMV
05/17/2019
111823
051719
101-42110-550
Squad #259 Registration
City of Wayzata\DMV
05/17/2019
111823
051719
101-42110-550
Squad #260 Registration
Total 111823:
Hadden, Timothy & Juliann
05/17/2019
111824
051719
101-22205
Escrow Refund 10-3443 2655 Shadywood Rd
Total 111824:
Helgerson, AJ
05/17/2019
111825
051719
101-22205
Escrow Refund LA18-91 2870 Goldenrod Way
Helgerson, AJ
05/17/2019
111825
051719
101-39615
Escrow Refund LA18-91 2870 Goldenrod Way
Total 111825:
Larson, Jasin
05/17/2019
111826
051719
101-22205
Escrow Refund 2009-00258 3485 Crystal PI
Total 111826:
Minnesota DMV
05/17/2019
111827
051719
101-42110-550
Squad #261 Registration
Total 111827:
NETJES, DAVID
05/17/2019
111828
051719
101-22205
Escrow Refund 2010-00748 550 East Long Lake Rd
Total 111828:
Pellizzer, Timothy
05/17/2019
111829
051719
101-22205
Escrow Refund 2008-00142 520 North Arm Dr. Wetl
Total 111829:
Weyerhaeuser, David C
05/17/2019
111830
051719
101-22205
Escrow Refund 08-3359 1540 Fox St
Page: 1
May 23, 2019 10:13AM
Department Invoice
Amount
Police Department 3.64 -
Police Department 364.00
364.00
Police Department 23.75
Police Department 23.75
Police Department 23.75
Police Department
21.00 -
4,800.00
4,800.00
600.00
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 5/14/2019 - 5/28/2019
Page: 2
May 23, 2019 10:13AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 111830:
600.00
Ziegler, Katherine & Thomas
05/17/2019
111831
051719
101-22205
Escrow Refund 08-3338 2264 Shadywood Rd
2,500.00
Total 111831:
2,500.00
ADVANCED IMAGING SOLUTIO
05/28/2019
111837
INV196556
710-49970-221
Toner - Black
89.85
Total 111837:
89.85
A 1 RENTAL
05/28/2019
111838
139683
101-45210-223
Irrigation Repair Tool - GC
Golf Course
28.08
Total 111838:
28.08
ANCOM TECHNICAL CENTER
05/28/2019
111839
87653
101-42110-550
Spare Mics for Portable Radios
Police Department
352.65
Total 111839:
352.65
APPLIED CONCEPTS INC
05/28/2019
111840
348099
101-42110-550
New Squad #258 Build
Police Department
2,966.00
APPLIED CONCEPTS INC
05/28/2019
111840
348099
101-42110-550
New Squad #259 Build
Police Department
2,966.00
Total 111840:
5,932.00
BARNUM GATE SERVICES INC
05/28/2019
111841
24389
101-42110-404
PD Gate Repair
Police Department
684.00
Total 111841:
684.00
BIFFS INC
05/28/2019
111842
W717492
101-45200-415
Bederwood Park
Parks
160.00
BIFFS INC
05/28/2019
111842
W717493
101-45200-415
Summit Beach
Parks
160.00
BIFFS INC
05/28/2019
111842
W717494
101-45200-415
Hackberry Park
Parks
125.00
BIFFS INC
05/28/2019
111842
W717495
101-45210-415
Orono Golf Course
Golf Course
62.78
BIFFS INC
05/28/2019
111842
W717496
101-45200-415
Crystal Bay Playground
Parks
62.50
BIFFS INC
05/28/2019
111842
W717497
101-45200-415
Navarre Playground
Parks
160.00
BIFFS INC
05/28/2019
111842
W717498
101-45200-415
French Creek Preserve
Parks
62.50
BIFFS INC
05/28/2019
111842
W717499
101-45200-415
Lurton Park
Parks
62.50
BIFFS INC
05/28/2019
111842
W717500
101-45200-415
Brush Site
Parks
92.50
Total 111842:
947.78
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 5/14/2019 - 5/28/2019
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
BOYER FORD TRUCKS INC
05/28/2019
111843
853694
701-49800-402
Repair Brakes Unit 711 Task 28830
Total 111843:
Canvas Solutions
05/28/2019
111844
1524232749
101-42110-319
2019/2020 - Canvas Annual Subscription
Total 111844:
Capital One Commercial
05/28/2019
111845
32821191911
101-43000-224
Cedar Boards for Shelves Repair Meters
Capital One Commercial
05/28/2019
111845
32821191911
601-49400-223
Cedar Boards for Shelves Repair Meters
Capital One Commercial
05/28/2019
111845
32821191911
101-43000-224
Cedar Boards for Fence Repairs, Mailboxes
Total 111845:
CAPITOL BEVERAGE SALES L.P
05/28/2019
111846
2263855
101-45210-091
beer for resale -Golf Course
Total 111846:
CARDMEMBER SERVICE
05/28/2019
111847
050919
710-49970-416
Window 10 Pro Upgrade for PD
CARDMEMBER SERVICE
05/28/2019
111847
051519
101-42110-437
DMT Online Refresher - S. Sturm
CARDMEMBER SERVICE
05/28/2019
111847
052219
101-42110-437
BCA DMT Recertification - J. McCoy
CARDMEMBER SERVICE
05/28/2019
111847
052219-1
101-42110-437
Training - T. Sonnek
Total 111847:
CECE S SIGNS
05/28/2019
111848
8031
701-49800-403
Trailer Unit ID #'s
Total 111848:
CEMSTONE
05/28/2019
111849
C2019964
101-43000-224
Storage Bins
Total 111849:
Century Link
05/28/2019
111850
050419
601-49400-321
Water Plant Phone/Internet 5/4-6/3/19
Total 111850:
CenturyLink
05/28/2019
111851
1467919216
614-49840-329
Internet 4/8/19-5/7/19
Department
Police Department
Public Works Department
Water
Public Works Department
Golf Course
Police Department
Police Department
Police Department
Public Works Department
Water
Cable Franchise
Page: 3
May 23, 2019 10:13AM
Invoice
Amount
28.96
28.95
59.32
75.00
7r nn
126.95
1,051.27
City of Orono
Invoice
Amount
1,051.27
Check Register - COUNCIL REPORT
2,500.00
Police Department
120.00
Police Department
Check Issue Dates: 5/14/2019 - 5/28/2019
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
44.90
Police Department
94.25
416.16
Public Works Department
60.84
Public Works Department
Total 111851:
Golf Course
5.16
Central Services
10.80
Central Services
CHARLES CUDD
05/28/2019
111852
052319
101-22205
Escrow Refund 2017-00896 3265 Shadywood Circl
Total 111852:
CHRIS FISCHER
05/28/2019
111853
051519
101-42110-437
Training Meals
CHRIS FISCHER
05/28/2019
111853
051519
101-42110-226
Reimburse -Clothing
Total 111853:
CHUNKS LAKESHORE AUTO
05/28/2019
111854
0016684
101-42110-402
#249 Service
CHUNKS LAKESHORE AUTO
05/28/2019
111854
0016692
101-42110-402
#243 Service
CHUNKS LAKESHORE AUTO
05/28/2019
111854
0016697
101-42110-402
#246 Service
CHUNKS LAKESHORE AUTO
05/28/2019
111854
0016704
101-42110-402
#232 Service
CHUNKS LAKESHORE AUTO
05/28/2019
111854
0016714
101-42110-402
#256 Service
Total 111854:
CINTAS CORPORATION
05/28/2019
111855
4021772282
101-43000-226
Uniform
CINTAS CORPORATION
05/28/2019
111855
4021772282
101-43000-221
Shop Towels
CINTAS CORPORATION
05/28/2019
111855
4021772305
101-45210-404
Mat Service - GC
CINTAS CORPORATION
05/28/2019
111855
4021847446
101-41900-401
Gray Mats for 2780 Kelley Pkwy
CINTAS CORPORATION
05/28/2019
111855
4021847468
101-41900-404
Mats/Air Service - City Hall
Total 111855:
CITY OF LONG LAKE
05/28/2019
111856
00201461
601-49400-387
1st Qtr Water
CITY OF LONG LAKE
05/28/2019
111856
00201461
602-49450-387
1st Qtr Sewer
Total 111856:
COMMERCIAL ASPHALT
05/28/2019
111857
190430
101-43000-224
Asphalt
Total 111857:
DELTA DENTAL
05/28/2019
111858
7657179
101-21709
0037220072 June 2019 Dental
DELTA DENTAL
05/28/2019
111858
7657179
101-15998
0037220072 June 2019 Dental
Page: 4
May 23, 2019 10:13AM
Department
Invoice
Amount
1,051.27
2,500.00
2,500.00
Police Department
120.00
Police Department
70.54
190.54
Police Department
20.15
Police Department
44.90
Police Department
211.96
Police Department
44.90
Police Department
94.25
416.16
Public Works Department
60.84
Public Works Department
2.63
Golf Course
5.16
Central Services
10.80
Central Services
21.92
101.35
Water
1,258.57
Sewer
2,087.88
3,346.45
Public Works Department 1,785.07
1,785.07
436.40
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 5/14/2019 - 5/28/2019 May 23, 2019 10:13AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 111858:
3,615.27
DITTER INC.
05/28/2019
111859
6348839
101-41900-404
Post Office Furnace Repair
Central Services
96.00
Total 111859:
96.00
DODGE OF BURNSVILLE
05/28/2019
111860
6045263
101-42110-550
New squad #260 2019 Dodge Durango
Police Department
702.00
DODGE OF BURNSVILLE
05/28/2019
111860
6045264
101-42110-550
New squad #258 2019 Dodge Durango
Police Department
702.00
DODGE OF BURNSVILLE
05/28/2019
111860
6045266
101-42110-550
New squad #259 2019 Dodge Durango
Police Department
702.00
DODGE OF BURNSVILLE
05/28/2019
111860
N39060
101-42110-550
New squad #258 2019 Dodge Durango
Police Department
31,901.00
DODGE OF BURNSVILLE
05/28/2019
111860
N39061
101-42110-550
New squad #260 2019 Dodge Durango
Police Department
22,901.00
DODGE OF BURNSVILLE
05/28/2019
111860
N39062
101-42110-550
New squad #261 2019 Dodge Durango
Police Department
20,884.00
DODGE OF BURNSVILLE
05/28/2019
111860
N39063
101-42110-550
New squad #259 2019 Dodge Durango
Police Department
31,901.00
Total 111860:
109,693.00
DPC INDUSTRIES
05/28/2019
111861
827000531-1
601-49400-216
Chlorine
Water
363.00
DPC INDUSTRIES
05/28/2019
111861
DE82000045
601-49400-216
Chlorine
Water
10.00
Total 111861:
373.00
EARL F ANDERSON & ASSOC
05/28/2019
111862
0120071 -IN
101-43000-224
Bump Sign 24"
Public Works Department
67.75
EARL F ANDERSON & ASSOC
05/28/2019
111862
0120101 -IN
101-43000-224
Advance Warning Sign & Repair Parts
Public Works Department
327.58
Total 111862:
395.33
ECM PUBLISHERS INC
05/28/2019
111863
677454
101-45210-352
Multi -seasonal Job Ad
Golf Course
75.00
Total 111863:
75.00
FLAGSHIP RECREATION
05/28/2019
111864
F8112
101-45200-223
Swing Parts
Parks
167.00
Total 111864:
167.00
FSSolutions
05/28/2019
111865
FL00295175
101-41900-489
DOT Random Drug Screen
Central Services
195.90
Total 111865:
195.90
GENUINE PARTS COMPANY/NA
05/28/2019
111866
3270-439106
701-49800-222
Unit #483 Trailer Repair - Marker Light
5.22
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 5/14/2019 - 5/28/2019 May 23, 2019 10:13AM
Check Check Invoice Invoice GL Account
Payee Issue Date Number Number
GENUINE PARTS COMPANY/NA 05/28/2019 111866 3270-439465 101-42110-221 Squad Wipers
Total 111866:
Description Department
Police Department
GOPHERACE
05/28/2019
111867
A50427
101-43000-222
Hotsy Repair Task #16187
GOPHERACE
05/28/2019
111867
A50787
101-43000-224
Pallet Parts
GOPHERACE
05/28/2019
111867
A51296
101-45200-221
Tractor Parts
GOPHERACE
05/28/2019
111867
A51580
101-41900-223
Softener Salt - PW & CH & PD
GOPHERACE
05/28/2019
111867
B512280
101-45200-223
Park Supplies
GOPHERACE
05/28/2019
111867
B513091
101-43000-224
Pallet Supplies
GOPHERACE
05/28/2019
111867
8513731
101-45210-221
Air Compressor Plug
GOPHERACE
05/28/2019
111867
B514160
701-49800-240
Battery for Caliper
GOPHERACE
05/28/2019
111867
8514294
101-45200-221
Tractor Pin
Total 111867:
GRAINGER INC
05/28/2019
111868
9166108945
101-45210-240
Diesel Fuel Sign
Total 111868:
GROUP HEALTH INC
05/28/2019
111869
W815937
101-42400-135
EAP health for 04/2019
GROUP HEALTH INC
05/28/2019
111869
W815937
101-41300-135
EAP health for 04/2019
GROUP HEALTH INC
05/28/2019
111869
W815937
101-42110-135
EAP health for 04/2019
Total 111869:
HEALTH PARTNERS
05/28/2019
111870
89674121
101-21706
Health Insurance 6/2019
HEALTH PARTNERS
05/28/2019
111870
89674121
101-15998
Health Insurance 6/2019
HEALTH PARTNERS
05/28/2019
111870
89674121
101-42110-135
Health Insurance 6/2019
Total 111870:
HENNEPIN COUNTY INFOR TE 05/28/2019 111871 1000129960 101-43000-414 PW Radios 4/19
Total 111871:
HERC U LIFT 05/28/2019 111872 50094107 101-43000-240 Pallet Jack
Total 111872:
Public Works Department
Public Works Department
Parks
Central Services
Parks
Public Works Department
Golf Course
Parks
Golf Course
Building & Zoning
Administration
Police Department
Police Department
Public Works Department
Public Works Department
Invoice
Amount
37.96
5.98
22.85
510.30
45.73
49.82
4.99
5.99
20.63
20.63
3.00
1.00
6.00
10.00
50,432.00
3,660.00
654.50
54,746.50
195.57
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 5/14/2019 - 5/28/2019 May 23, 2019 10:13AM
Total 111878:
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
101-42110-212
Unleaded Fuel
JOHN DEERE GOVERNMENTS
05/28/2019
111873
116588624
405-48500-580
Front Loader Attachment
Total 111873:
JR'S ADVANCED RECYCLERS
05/28/2019
111874
97732
603-49500-442
Spring Clean Up 2019
Total 111874:
05/28/2019
111880
051719
101-41300-489
April -May Birthdays
KUSTOM SIGNALS INC
05/28/2019
111875
563251
101-42110-580
New Squad #261 Radar
Total 111875:
05/28/2019
111881
00041833
701-49800-222
Oxygen & Acetylene
LEAGUE OF MN CITIES
05/28/2019
111876
100294-2
703-49960-151
WC Audit
Total 111876:
05/28/2019
111881
00041835
101-42110-221
Medical Oxygen
LUBE TECH ESI
05/28/2019
111877
1373962
701-49800-212
Oil filter
LUBE TECH ESI
05/28/2019
111877
1373963
701-49800-212
Oil for Truck - Bulk
Total 111877:
MAILFINANCE
05/28/2019
111878
N7731367
101-41900-401
Postage Meter Lease 6/16/19-9/15/19
Total 111878:
MANSFIELD OIL COMPANY
05/28/2019
111879
21288713
101-42110-212
Unleaded Fuel
MANSFIELD OIL COMPANY
05/28/2019
111879
21288714
701-49800-212
Diesel Fuel
Total 111879:
MARGARET UNG
05/28/2019
111880
051719
101-41500-331
Mileage 4/5-5/17/19
MARGARET UNG
05/28/2019
111880
051719
101-41300-489
April -May Birthdays
Total 111880:
MINNEAPOLIS OXYGEN COMPA
05/28/2019
111881
00041833
701-49800-222
Oxygen & Acetylene
MINNEAPOLIS OXYGEN COMPA
05/28/2019
111881
00041834
101-42110-221
Medical Oxygen
MINNEAPOLIS OXYGEN COMPA
05/28/2019
111881
00041835
101-42110-221
Medical Oxygen
Department Invoice
Amount
Police Department
55.00
Central Services
Police Department 2,395.66
Finance Department 44.66
Administration 35.98
Police Department 46.50
Police Department 6.30
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 5/14/2019 - 5/28/2019 May 23, 2019 10:13AM
Payee
Total 111881:
MINNESOTA EQUIPMENT
MINNESOTA EQUIPMENT
Total 111882:
MN DEPT OF HEALTH
MN DEPT OF HEALTH
MN DEPT OF HEALTH
ICU Elliifill
MTI DISTRIBUTING INC
MTI DISTRIBUTING INC
MTI DISTRIBUTING INC
MTI DISTRIBUTING INC
MTI DISTRIBUTING INC
MTI DISTRIBUTING INC
Total 111884
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
NAVARRE HARDWARE
Total 111885
NEOPOST USA INC
Total 111886:
NEWEGG INC
Check
Check
Invoice
Invoice GL Account Description
Issue Date
Number
Number
111883
05/28/2019
111882
P78701
101-45200-221 Tractor Radio Antenna Parks
05/28/2019
111882
P78774
101-45200-221 3 Point Mower Wheels Parks
05/28/2019
111883
3821-2019
601-49400-441
Water Supply System Operator Class C License B.
Water
05/28/2019
111883
4686-2019
601-49400-441
Water Supply System Operator Class C License G.
Water
05/28/2019
111883
802997
101-45210-441
Golf Course Hospitality Fee -2019
Golf Course
05/28/2019
111884
1207066-00
101-45210-403
Irrigation Repair Parts
Golf Course
05/28/2019
111884
1207066-01
101-45210-403
Irrigation Repair Parts
Golf Course
05/28/2019
111884
1207066-02
101-45210-403
Irrigation Repair Parts
Golf Course
05/28/2019
111884
1208825-00
101-45210-403
Irrigation Repair Parts
Golf Course
05/28/2019
111884
1210098-00
101-45210-221
Greensmaster Parts
Golf Course
05/28/2019
111884
1210578-00
101-45210-404
Irrigation Suction Line Replacement
Golf Course
05/28/2019 111885 317090
05/28/2019 111885 317107
05/28/2019 111885 317159
05/28/2019 111885 317195
05/28/2019 111885 317315
05/28/2019 111885 317318
05/28/2019 111885 317481
05/28/2019 111885 317519
05/28/2019 111885 317521
101-45210-240
Paint Marking Wand
101-41900-223
Ant Traps - CH
701-49800-240
Shop Supplies
601-49400-227
Muriatic Acid
701-49800-240
Snap/Split Ring
101-43000-224
Sod Repair - Grass Seeds
601-49400-322
UPS Water
601-49400-221
Screw, Hooks, Proof Chain
601-49400-221
Screw, Hooks, Proof Chain
05/28/2019 111886 15741428 101-41900-201 ink cartridge
05/28/2019 111887 1302021186 710-49970-221 Battery for PW Truck Laptops
Department Invoice
Amount
Golf Course
Central Services
Water
Public Works Department
Water
Water
Water
Central Services
80.70
23.00
23.00
40.00
180.53
7.31
835.76
90.45
388.13
8.49
6.49
10.99
3.79
19.99
10.93
24.11
3.58
140.00
140.00
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 5/14/2019 - 5/28/2019
Page: 9
May 23, 2019 10:13AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 111887:
55.71
NOLA DICKHAUSEN
05/28/2019
111888
051019
101-41300-437
MN Municipal Clerk Institute
Administration
579.62
Total 111888:
579.62
NOR -SON Inc.
05/28/2019
111889
052219
101-22205
Escrow Refund LA19-23 1600 Bohns Point Rd
700.00
NOR -SON Inc.
05/28/2019
111889
052219
101-39615
Escrow Refund LA19-23 1600 Bohns Point Rd
21.00 -
Total 111889:
679.00
Northland Petroleum Service
05/28/2019
111890
21763
701-49800-403
Repair Gas Pump
117.40
Total 111890:
117.40
OFFICE DEPOT
05/28/2019
111891
3106528510
101-41900-201
Office Supplies
Central Services
126.40
OFFICE DEPOT
05/28/2019
111891
31181889000
101-41900-201
Office Supplies
Central Services
68.40
Total 111891:
194.80
OPTUM
05/28/2019
111892
948115
101-41900-319
HSA maintenance fee 3rd Qtr 2018
Central Services
194.25
Total 111892:
194.25
Perry's Truck Repair
05/28/2019
111893
17889
101-42110-436
Tow GMC Denali
Police Department
195.00
Perry's Truck Repair
05/28/2019
111893
17893
101-42110-436
Tow GMC Yukon
Police Department
80.00
Perry's Truck Repair
05/28/2019
111893
49646
701-49800-222
Hydraulic Hose Snow Plow Unit 428
47.00
Total 111893:
322.00
PRAIRIE RESTORATIONS INC
05/28/2019
111894
17482
234-45680-404
Lurton Park Prescribed Burn
825.00
Total 111894:
825.00
Premium Waters Inc
05/28/2019
111895
850551-04-1
101-42110-404
Spring Water
Police Department
93.40
Total 111895:
93.40
RDO EQUIPMENT
05/28/2019
111896
E05695
101-43000-240
Plate Packer
Public Works Department
1,829.83
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 5/14/2019 - 5/28/2019
Page: 10
May 23, 2019 10:13AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 111896:
1,829.83
Reed Wholesale & OCS
05/28/2019
111897
9596
101-45210-094
Concessions Resale -GC
Golf Course
173.80
Total 111897:
173.80
Reinders Inc.
05/28/2019
111898
3062019-00
101-45210-223
Golf Fungicides/Fertilizer
Golf Course
2,930.08
Reinders Inc.
05/28/2019
111898
3062020-00
101-45210-223
Golf Fungicides
Golf Course
691.02
Reinders Inc.
05/28/2019
111898
3062789-00
101-45210-223
Tee Box Fertilizer
Golf Course
210.32
Total 111898:
3,831.42
RITEWAY BUSINESS FORMS
05/28/2019
111899
19-31578
101-41900-201
Laser Checks
Central Services
380.26
Total 111899:
380.26
SAFE ASSURE
05/28/2019
111900
1575
601-49400-437
Safety Training
Water
2,200.69
SAFE ASSURE
05/28/2019
111900
1575
602-49450-437
Safety Training
Sewer
2,200.69
Total 111900:
4,401.38
SCHWAAB INC
05/28/2019
111901
C046803
101-41900-201
Ink Pad
Central Services
68.73
SCHWAAB INC
05/28/2019
111901
C047704
101-45210-201
Ink - GC
Golf Course
45.10
Total 111901:
113.83
SECURITY & SOUND CO
05/28/2019
111902
21053
101-42110-404
Electric Strike - Door from hallway into PD
Police Department
499.00
Total 111902:
499.00
SF Mobile -Vision, Inc
05/28/2019
111903
0347333 -IN
101-42110-550
New Squad Build #258
Police Department
5,171.00
Total 111903:
5,171.00
SRIXON SPORTS USA INC
05/28/2019
111904
5630668SO
101-45210-095
Golf Balls
Golf Course
186.00
SRIXON SPORTS USA INC
05/28/2019
111904
5652140SO
101-45210-095
golf balls
Golf Course
173.50
Total 111904:
359.50
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 5/14/2019 - 5/28/2019 May 23, 2019 10:13AM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
SUN LIFE FINANCIAL
05/28/2019
111905
0619LIFE
101-21710
Life Ins-June/2019
1,063.20
SUN LIFE FINANCIAL
05/28/2019
111905
0619LIFE
101-15998
Life Ins-June/2019
43.40
SUN LIFE FINANCIAL
05/28/2019
111905
0619STD
101-21714
STD-Jun/2019
932.27
Total 111905:
2,038.87
THE HARTFORD
05/28/2019
111906
062019
101-21713
LTD 6/2019
1,759.87
Total 111906:
1,759.87
THE HOME DEPOT
05/28/2019
111907
5010108
101-43000-224
Screws
Public Works Department
23.57
THE HOME DEPOT
05/28/2019
111907
7074920
101-45200-223
Parks Tool Set
Parks
119.00
THE HOME DEPOT
05/28/2019
111907
7074920
101-45210-223
Softener Salt
Golf Course
46.02
Total 111907:
188.59
THN ENTERPRISES
05/28/2019
111908
2034
101-45200-404
Big Island dock repair
Parks
3,225.00
Total 111908:
3,225.00
TRI K SERVICES
05/28/2019
111909
051319
101-43000-224
Black Dirt - Sod Repair
Public Works Department
88.00
TRI K SERVICES
05/28/2019
111909
051319-1
101-43000-224
Black Dirt - Sod Repair
Public Works Department
66.00
Total 111909:
154.00
TWIN CITY GARAGE DOOR CO
05/28/2019
111910
Z098561
101-43000-404
Garage Door Service
Public Works Department
203.00
Total 111910:
203.00
UNITED FARMERS COOPERATI
05/28/2019
111911
21-53529
101-43000-489
LP Cylinder
Public Works Department
31.98
UNITED FARMERS COOPERATI
05/28/2019
111911
53811
101-43000-224
Grass Seed - Sod Repair
Public Works Department
72.99
Total 111911:
104.97
VALLEY RICH CO
05/28/2019
111912
26899
601-49400-405
Watermain Break - Lafayette Ridge Rd/Navarre
Water
3,827.28
Total 111912:
3,827.28
VERIZON WIRELESS
05/28/2019
111913
9828806178
602-49450-321
Cell Phones 4/24/19-5/23/19
Sewer
27.88
VERIZON WIRELESS
05/28/2019
111913
9828806178
601-49400-321
Cell Phones 4/24/19-5/23/19
Water
27.87
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 5/14/2019 - 5/28/2019 May 23, 2019 10:13AM
Check Check Invoice Invoice GL Account
Description
Payee
Issue Date
Number
Number
VERIZON WIRELESS
05/28/2019
111913
9829577019
101-42110-321
Internet 5/7/19-6/6/19
VERIZON WIRELESS
05/28/2019
111913
9829577019
101-41900-321
Internet 5/7/19-6/6/19
VERIZON WIRELESS
05/28/2019
111913
9829577019
101-42400-321
Internet 5/7/19-6/6/19
VERIZON WIRELESS
05/28/2019
111913
9829577019
101-43000-321
Internet 5/7/19-6/6/19
VERIZON WIRELESS
05/28/2019
111913
9829577019
101-45200-321
Internet 5/7/19-6/6/19
VERIZON WIRELESS
05/28/2019
111913
9829577019
101-45210-321
Internet 5/7/19-6/6/19
VERIZON WIRELESS
05/28/2019
111913
9829577019
601-49400-321
Internet 5/7/19-6/6/19
VERIZON WIRELESS
05/28/2019
111913
9829577019
602-49450-321
Internet 5/7/19-6/6/19
Total 111913:
Department
Police Department
Central Services
Building & Zoning
Public Works Department
Parks
Golf Course
Water
Sewer
WATER CONSERVATION SVC IN 05/28/2019 111914 9590 601-49400-405 Leak Locates & Report 1972 Shadywood & 2705 W Water
Total 111914:
WAYZATA BAY CAR WASH
05/28/2019
111915
17086
101-42110-402
#502 Car Wash
Total 111915:
WHEELER LUMBER LLC
05/28/2019
111916
1220-039252
101-45200-223
Park Bollards
Total 111916:
Wise Unlimited
05/28/2019
111917
040819
101-41900-201
Desk Plaque & Retirement Plaque
Wise Unlimited
05/28/2019
111917
041919
101-42110-439
Police Plaque
Total 111917:
Witt's End Landscaping
05/28/2019
111918
1033
225-45200-530
Golf Course Drainage 2019
Witt's End Landscaping
05/28/2019
111918
1033
651-16500
Golf Course Drainage 2019
Total 111918:
Wright -Hennepin Coop Electric
05/28/2019
111919
3502719269
101-43000-386
Electical Service 4/1/19-5/1/19
Wright -Hennepin Coop Electric
05/28/2019
111919
3502719269
101-45200-381
Electical Service 4/1/19-5/1/19
Wright -Hennepin Coop Electric
05/28/2019
111919
3502719269
101-45210-319
GC Security 6/1-6/30/19
Total 111919:
Yamaha Golf & Utility
05/28/2019
111920
01-230445
101-45210-404
Golf Cart - Clean Fuel System
Police Department
Parks
Central Services
Police Department
Public Works Department
Parks
Golf Course
Golf Course
Invoice
Amount
1,624.89
135.59
70.02
140.04
35.01
140.77
175.78
2,412.86
840.31
840.31
9.95
9.95
225.00
183.68
14.00
197.68
5,717.50
8,925.00
14,642.50
151.19
28.02
40.76
219.97
3,040.89
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 5/14/2019 - 5/28/2019
Check Check Invoice Invoice GL Account Description Department
Payee Issue Date Number Number
Total 111920:
YAMAHA MOTOR CORP. 05/28/2019 111921 667619 101-45210-415 Utility Cart Rental Golf Course
Total 111921:
Grand Totals:
Page: 13
May 23, 2019 10:13AM
Invoice
Amount
3,040.89
295.00
295.00
287,021.18
AGENDA ITEM
Item No.: 4 Date: May 28, 2019
Item Description: Approval of Rental Licenses
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period
of May 28, 2019 to December 31, 2019.
2. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A
for the license period of May 28, 2019 to December 31, 2019. The Rental License Applicants in
Exhibit A have submitted all of the requested documents and have met all requirements.
COUNCIL ACTION REQUESTED
Motion to approve the rental licenses listed in Exhibit A for the license period of May 28, 2019 to
December 31, 2019.
Exhibits
A. Listing of Rental Licenses
Prepared By: AMC
Reviewed By: AMC
Approved By: -TV
Exhibit A
City Council
2019 Rental Licenses
License#
Licensee
Total License Fees
RL19-000006
Pathlight Property Management
100
RL19-000007
Fergus Meri
100
RL19-000008
Patrick Watz
100
AGENDA ITEM
Item No.:
Date: May 28, 2019
Item Description: Appointment of 2019 Seasonal Employees
Presenter: Jason Goehring Agenda Public Works Director/
Parks and Golf Course Supervisor Section: City Engineer's Report
1. Purpose. The purpose of this action item is to gain Council approval of seasonal employees.
2. Background. The hourly pay is proposed to be $12.00-14.00 for the Golf Course Clubhouse
Attendants and Brush Site Attendants; $12-$16 for Parks and Golf Course Maintenance
Employees, and $10-$16 for Utilities Maintenance Workers; and a pay range of $15.00-$20.00
for the Clubhouse Manager. The Clubhouse Manager will be enrolled in the coordinated PERA
plan. All other seasonal employees will fall under the 6 month PERA Classification and are
therefore excluded from PERA membership.
3. Seasonal Employee Appointments and Candidates.
4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3.
COUNCIL ACTION REQUESTED
Motion to approve hiring the seasonal employee as in the list above.
Prepared By: JG
Reviewed By:
Approved By: -19
Name
Position
Wage
($/hr)
Remarks
Robert Howells
G.C. Clubhouse Manager
$20.00
Returnee
Q� 0�
Paul Tolzmann
G.C. Clubhouse Attendant
$13.00
Returnee
cw
Scott Prochnow
G.C. Clubhouse Attendant
$13.00
Returnee
N
Stuart Mayer
Brush Site Attendant
$13.00
Returnee
Mitchell Hall
Parks and Golf Maintenance
$15.00
Returnee
Danielle Middendorf
Clubhouse Attendant
$12.00
Returnee
Marshall Hambro
Clubhouse Attendant
$13.00
Returnee
Marie Jorland
Clubhouse Attendant
$12.00
Returnee
as rte.,
Diana Otrey
Clubhouse Attendant
$12.00
Returnee
d
Wendy Middendorf
Clubhouse Attendant
$12.00
Returnee
Rebecca Anderson
Seasonal Utilities Maintenance
$13.00
Returnee
.�
Ron Steffenhagen
Parks and Golf Maintenance
$13.00
Returnee
o �°
Calvin Schmidt
Parks and Golf Maintenance
$13.00
Returnee
N
Andrew Charrier
Parks and Golf Maintenance
$12.00
New hire
Q
Sally Thompson
Clubhouse Attendant
$12.00
New hire
Approved
March 19,2019
Paul Haug
Clubhouse Attendant
$12.00
New hire
Approved
Megan Schiller
Clubhouse Attendant
$12.00
New hire
May 13,
Fermin Aragon
Parks and Golf Maintenance
$12.00
New hire
2019
Grace Mattila
Parks and Golf Maintenance
$12.00
New hire
Requesting
Chad Stowell
Parks and Golf Maintenance
$14.00
New hire
Approval
Maximus Swenson
Clubhouse Attendant
$12.00
New hire
4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3.
COUNCIL ACTION REQUESTED
Motion to approve hiring the seasonal employee as in the list above.
Prepared By: JG
Reviewed By:
Approved By: -19
AGENDA ITEM
Q� Item No.: 6 Date: May 28, 2019
Item Description: 2019 Contract Street Maintenance
ti Presenter: David (DJ) Goman Agenda Consent Agenda
S�4ti�' Streets and Stormwater Supervisor Section:
1. Purpose. The purpose of this action item is to gain Council approval to complete contract road
patching for 2019.
2. Background. Part of the city's road maintenance operations includes larger road patches. The
patches are larger than what the Public Works Staff can efficiently manage and therefore we use
pavement contractors to complete the work.
3. Project Scope. The work consists of the removal of existing pavement and some subgrade. Repairs
to the subgrade and new base and wear course pavement at select locations on city streets. Identified
work sites for 2019 are:
Street
Location
Description
Fox Street
East of the Brown road
Repair of shoulder sluff
Willow Street
South of Shevlin Drive
Replace pavement 30ft each side of culvert
Crystal Bay Road
Curve going into Minnetonka Beach
Add curb to inner radius. Repave corner
Orchard Park Road
North of Watertown Rd
Overlay 900SY of settlement and rutting
4. Cost. The city received quotes form two contractors. Contractor Quote
The low quote is from GMH Asphalt. GMH Asphalt $ 38,994.88
Allied Blacktop $ 52,748.00
5. Funding. The 2019 Public works plan and CIP estimated $50,000 for contract patching for 2019.
The work will be funded by the Pavement Management Fund.
6. Staff Recommendation. Staff recommends acceptance of the quote from GMH.
COUNCIL ACTION REQUESTED:
Move accept the quote form GMH asphalt form $38,994.88 to complete 2019 street patching and repairs.
Prepared By: Reviewed By: Approved By: -Sb)
AGENDA ITEM
LOAQ'?�'\Item No.: 7 Date: May 28, 2019
Item Description: 2020 Street Maintenance Planning and Engineering
Gti Presenter: Adam T. Edwards Agenda Consent Agenda
sxo4�' Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is to gain council approval to commence the planning and
engineering of the 2020 Street Maintenance Project.
2. Background. At the April 221, 2019 Council Work Session the Council provided guidance on a way
forward for road maintenance funding for road maintenance projects and funding.
3. Scope. Planning and engineering will consist of topographic surveying, utility inspections, design,
permitting, public input and solicitation of bids for select roads.
4. 2020 Recommended Roads. The table below list the streets identified for potential projects in
2020with planning level estimates for each project. As refined cost are developed during design and the
2020 levy and budget are finalized it may become necessary to defer one or more of the projects until
2021 or latter.
Street
Pavement
Estimated Cost
Stormwater Utilities
Total
Lyman Avenue
$
85,100
$
12,765
$
4,255
$
102,120
Smith Avenue
$
85,400
$
12,810
$
4,270
$
102,480
Livingston Avenue - Blaine to
Shadywood
$
174,900
$
26,235
$
8,745
$
209,880
Navarre Avenue
$
59,800
$
8,970
$
2,990
$
71,760
Windjammer Lane
$
70,400
$
10,560
$
3,520
$
84,480
Casco Circle
$
156,300
$
122,065
$
7,815
$
286,180
Rest Point Lane
$
37,100
$
5,565
$
1,855
$
44,520
Togo Road
$
94,900
$
14,235
$
4,745
$
113,880
Dickenson & Russel Street
$
74,100
$
17,114
$
3,705
$
94,919
Fox Street - East of Orono Orchard
$
77,800
$
11,670
$
3,890
$
93,360
Briar Street
$
56,500
$
8,475
$
2,825
$
67,800
2020 projects TOTAL
$
972,300
$
250,464
$
48,615
$1,271,379
5. Engineering and Design Cost. Bolton and Menk has provided a scope of services for a fee estimate
not to exceed $156,000 (Exhibit A).
6. Funding. The engineering as well as the eventual projects will be funded with a combination of the
Pavement Management Fund, Utility Funds, and Stormwater Fund.
a. Funding Needs Estimates.
Fund
Cost Estimate
Est. 2020 End of Year Fund Balance
Pavement Fund
$ 972,300
$ 0
Stormwater Fund
$ 250,464
$ 111,114
Utility Funds
$ 48,615
$ 1,594,158
Total
$ 1,271,379
Prepared By: Reviewed By: Approved By: -Sb)
b. Pavement Fund. Planning for 2019 and beyond is based on the funding guidance provide at the
April 22nd, 2019 Council Work Session. Adequate funding for the 2020 projects is based on several
assumptions: one, an increase in the pavement levy for 2020rto $750,000; two, available positive fund
balances from 2019 of approximately $300,000; and that $120K of water tower lease revenue is dedicated
to street maintenance.
COUNCIL ACTION REQUESTED:
Move to direct the City Engineer to move forward with planning for the 2020street maintenance projects
and acceptance of the Bolton and Menk's proposal for design and engineering services for the 2020 Street
Maintenance projects.
Exhibits
A. Bolton and Menk Construction Proposal
OBOLTON
& MENK
Real People. Real Solutions.
May 20, 2019
City of Orono
Attn: Adam Edwards
PO Box 66
Orono, MN 55323
RE: 2020 Street Improvements — Design and Bidding Services
Dear Adam:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: 19521 448-8838
Fax: (9521448-8805
Bolton-Menk.com
As requested, we have prepared a scope of services and design fee estimate for the proposed 2020 Street
Improvements Project. It is our understanding that the scope of the project will include the following
along with miscellaneous drainage improvements:
• Lyman Avenue / Smith Avenue — Reclamation and the possible addition of a turnaround at the
end of Smith.
• Dickenson Street / Russell Avenue — Reconstruction/Reclamation with the addition of concrete
curb and gutter on both ends of the road.
• Fox Street — Reconstruction from Brown Road to Orono Orchard Road.
• Livingston Avenue — Mill and overlay from Shadywood to Blaine Avenue.
• Togo Road — Mill and overlay.
• Navarre Avenue — Reconstruction with curb and gutter from Lyric Avenue to County Road 15.
Mill and overlay from Lyric Avenue to Crystal Place.
• Casco Circle — Reconstruction with curb on portion adjacent to Lake Minnetonka. Reclaim
remainder.
• Rest Point Lane — Reclamation.
• Briar Street — Mill and overlay
• Windjammer — Mill and overlay.
Proposed Scope of Engineering Services
To assist the City with this improvement project, Bolton & Menk proposes the following scope of
services:
Topographic Survey and Soil Boring— We will document existing conditions within the right of way
where necessary. Bolton & Menk will coordinate with a sub -consultant to collect and analyze soil
borings along the alignment of the roads where necessary. Existing soil characteristics will be used to
assist with the design of the pavement structure for the streets to be reconstructed.
StaffDesign Meetings — Our team will work with City staff to develop the scope of the project and to get
input on design details. The goal of these meetings is to ensure that the project is designed consistent
with City standards and that the City's maintenance practices and operations are considered throughout
the design process.
H:\ORNO\2019 New Projects\Fee Estimate - 2020 Street Improvements.docx
BoLLon & Menk is an
2020 Street Improvements
May 20, 2019
Page 2
Detailed Design and Bidding — Once the final scope of the project is determined, Bolton & Menk will
prepare detailed plans and specifications for the project. This work will include coordination with private
property owners as needed. Upon authorization, the project will be advertised for competitive bids.
Bolton & Menk will administer the bidding process and will ultimately make recommendations to the
City Council about awarding the project.
Fee Estimate
Based on the scope of services described above, we propose a not -to -exceed fee of $156,000 to be billed
on an hourly basis. Once the Construction Contract is awarded, Bolton & Menk will prepare a separate
scope and fee estimate for construction phase services.
Please let me know if you have questions or need additional information.
Sincerely,
Bolton & Menk, Inc.
V� &
David P. Martini, P.E.
Principal Engineer
H:\ORNO\2019 New Projects\Fee Estimate - 2020 Street Improvements.docx
BoLton & Menk is an
AGENDA ITEM
Q� Item No.: 8 Date: May 28, 2019
Item Description: Loma Linda Lake Access Dock Replacement
k�W
Presenter: Jason Goehring Agenda Consent Agenda
Parks and Golf Course Supervisor Section:
1. Purpose. The purpose of this action item is to gain Council approval purchase a replacement dock at
the Loma Linda Lake Access.
2. Background. The dock at the Loma Linda lake access point was struck and damaged by a snow
mobile on March 10', 2019. The dock was severely bent and needs to be replaced. There is currently an
insurance claim pending.
3. Project Scope. Procure replacement dock for Loma Linda Lake Access Point
4. Cost. The city received quotes from Dock and Lift for $8818.13 to replace the dock.
5. Funding. The replacement will be funded from the Equipment Outlay Fund until the insurance claim
is settled. The Equipment Outlay Fund as a projected EOY 2019 balance of $115,857.
6. Staff Recommendation. Staff recommends procurement of anew dock for the Loma Linda Lake
Access.
COUNCIL ACTION REQUESTED:
Motion to authorize staff to replace the Loma Linda Lake Access Dock.
Prepared By: Reviewed By: Approved By: �`1
AGENDA ITEM
Item No.:
Date: May 28, 2019
Item Description: Approval to Accept Donation of Electronic Assist Bicycle
Presenter: Correy Farniok Agenda Section: Consent Agenda
Police Chief
1. Purpose. The purpose of this action item is to gain approval to accept a donation from the Crime
Prevention Fund.
2. Background. The Police Department has received a donation of an electric assist bicycle. The Crime
Prevention Fund purchased the Trek Police Electric assist bicycle from Gear West. The purchase price of
the bike and accessories was $4,523.58. The bicycle will be used for in our community to assist in bike
patrol of our community, community engagement and patrolling of our neighborhoods, trail and business
districts in the communities we serve.
The Crime Prevention Funds mission is to make available continuing education scholarships to
graduating students of the Westonka and Orono High Schools. To promote respectful behavior, family
and youth safety, good decision making skills and encourage neighborhood watch. We will help educate
the public about personal and property safety. We promote teach our children the value of respecting
others, the dangers of substance abuse and violence, and how to make responsible decisions. We promote
preventing crime, preparedness, safety awareness and being mindful of your surroundings. We encourage
law enforcement and citizens to create an on-going responsive dialog.
Through the Minnetrista and Orono Police departments we distribute educational materials and
provide; crime prevention information, rewards for crime tips, and special non -budgeted equipment. We
collaborate to achieve our vision, strengthen community -police relations and Crime Free Safe
Communities
3. Staff Recommendation. I recommend approval to accept the donation of the electric assist bicycle
from the Crime Prevention Fund and to thank the Crime Prevention Fund for the support they give to the
Orono Police Department.
COUNCIL ACTION REQUESTED
Motion for approval to accept donations of the electric assist bicycle from the Crime Prevention Fund in
the amount of $4,523.58.
Prepared By: Correy Farniok
Reviewed By: _191
Approved By: -Sb)
GameChanger
U.S. Patel - ----------------- -i --_ '
i
i I
I
Gear West Ski, Bike, Run
1786 W Wayzata Blvd
Ste B
LONG LAKE, MN 55356 ` {
952 473 0377
Layaway
Layaway #: 12036
Account #: 9979587
Date: 5/20/2019 Time: 5:55:19 PM
,I.
Cashier: Sean Mu Register #: 30
ACCOUN 9979587
Orono police dept
Crime Prevention Fund
p.o. box 348
SAINT BONIFACIUS, MN
55375
Description/Item Number Amount
BUNT QUANTUM MIPS MD $99.99
WHT
552987
RTD: 0
On Order: 1
Picked up: 0
I
TREK POLICE $99.99
INTERCHANGE TRUNK
424156
RTD: 0
On Order: 1
Picked up: 0
TREK HELMET STICKERS $7.99
WHITE
425297
RTD: 0
On Order: 1
Picked up: 0
I
TREK POLICE ELECTRIC $3,999.
MD
S/N: WTU254G1057N
557453
RTD: 0 '.
On Order: 1
Picked up: 0
https:Hge.com/t/summer-2019/9aaa-sabers-9u-5cc6l6eOd4i
Sub Total $4,207.00
Sales Tax
$316.58
Total
$4,523.58
Deposit Payment
$0.00
Total Purchased
$0.00
Total Due
$0.00
Change Due
$0.00
Remaining Deposit
$0.00
New Balance
$4,523.58
Thank you for shopping at Gear West
Returns must be made within
14 days
Page 2 of 2
5/23/2019
AGENDA ITEM
Item No.: 10
Item Description: Approval to Dispose of Forfeited Vehicle
Date: May 28, 2019
Presenter: Correy Farniok Agenda Section:
Police Chief Consent Agenda
1. Purpose. The purpose of this action item is to gain approval for the disposal of a forfeited
vehicle.
2. Background. The Police Department has a forfeited vehicle that can be disposed. The
vehicle was seized and forfeited by the Orono Police Department from a driver that had multiple
violations for Driving While Intoxicated. The police department would recommend vehicle be
sent to an auto auction.
3. Project Scope. Disposal of a forfeited vehicle.
2009 Chevrolet Cobalt VIN# 1G1AT18H397183225
4. Staff Recommendation. I recommend that the disposal of a forfeited vehicle.
COUNCIL ACTION REQUESTED
Motion to dispose of a forfeited vehicle. Vehicle will be sent to an auto action.
Prepared By: Correy Farniok
Reviewed By: -191
Approved By: -Sb)
AGENDA ITEM
LOAQ'?�'\Item No.: 11 Date: May 28, 2019
Item Description: Hennepin County Presentation — Jan Callison
Gti Presenter: Jan Callison, Agenda Presentation
S4ti Hennepin County Commissioner Section:
Representative
1. Purpose. Hennepin County Commissioner Jan Callison will be presenting this item
AGENDA ITEM
Item No.: 12
Date: May 28, 2019
Item Description: JPA with Plymouth for Ferndale Road N Mill and Overlay Project
nH'OF�
Gti�Presenter: Adam T. Edwards Agenda City Engineer/ Public
Public Works Director/City Engineer Section: Works Director
1. Purpose. The purpose of this action item is to gain Council approval to enter into a Joint Powers
Agreement (JPA) with the City of Plymouth for a road maintenance project on Ferndale Road N.
2. Background. Ferndale Road N is a shared roadway. Plymouth owns the east side from the centerline
from County Road 6 down to their southern boundary and Orono owns the west side to the southern
boundary of Plymouth and then the entire pavement south to the bridge over Hwy 12. North Ferndale
Road is an MSA road for both Orono and Plymouth. Plymouth has taken the lead on development of a
mill and overlay project for the pavement. Plymouth has contracted with SRF consulting to conduct the
feasibility study as well as the design and engineering for the project. Plymouth has offered to lead the
project and provide the initial financing for the project with the City of Orono repaying Plymouth for our
portion over the next three years.
3. Project Scope. The project consists of milling and overlaying the asphalt pavements. Spot repairs of
curbing and stormwater and all associated engineering and construction management.
4. Estimated Cost. Estimated cost from the
Engineers Estimate.
5. Funding. Projects will be funded with a
combination of the MSA Maintenance Fund and
Stormwater Fund. Estimated annual allotment
the MSA Maintenance Account is $100,000.
Estimated Cost
Pavement I Stormwater
Total
$ 254,842.67 1 $ 35,422.00
$ 290,264.67
Fund
Cost Estimate
MSA Maintenance Fund
$ 254,842.67
Stormwater Fund
$ 35,422.00
Total
$ 290,264.67
6. JPA Summary. The JPA is attached. Key point include: The City of Plymouth will provide overall
management of the project; each city will be responsible for payment for work done within their
boundaries; design and engineering fees will be split equally; both cities must accept the construction bid
prior to award; and Orono will repay Plymouth in three annual installments.
7. Staff Recommendation. The JPA has been reviewed by the City Administrator, Finance Director,
Engineer and Attorney. Staff Recommend adoption of the JPA.
COUNCIL ACTION REQUESTED:
Move to adopt the attached JPA with the City of Plymouth for the purpose of a street maintenance project
on Ferndale Road N.
Exhibits
A. JPA
Prepared By:AE Reviewed By: Approved By: -Sb)X
JOINT POWERS AGREEMENT
BETWEEN THE CITY PLYMOUTH AND THE
CITY OF ORONO FOR THE
MILL AND OVERLAY OF FERNDALE LANE FROM COUNTY ROAD 6 TO HIGHWAY 12
THIS AGREEMENT is entered into between the CITY OF PLYMOUTH, a Minnesota municipal
corporation (hereinafter referred to as "Plymouth") and the CITY OF ORONO, a Minnesota municipal
corporation (hereinafter referred to as "Orono"), with the parties collectively hereinafter referred to as the
"Cities".
WHEREAS, the Cities desire to implement the mill and overlay of Ferndale Lane between County
Road 6 and Highway 12 in the cities (the "Project"); and
WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements
to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and
WHEREAS, Plymouth will prepare the plans and specifications for the Project (the "Plans").
NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows:
1. PLANS AND SPECIFICATIONS. Plymouth will prepare plans and specifications for the
Project consistent with Plymouth and Orono design standards. After final design of the project has been
completed Plymouth shall provide Orono with the Plans and an estimate of cost detailing the expected
responsibility of each party.
2. BIDDING. Plymouth will advertise for bids for the construction of the Project in
accordance with Minnesota law and will provide Orono with an analysis of the bids received. Plymouth
may reject the bids. If Plymouth rejects the bids, Plymouth may terminate this Agreement. Plymouth
must obtain Orono's approval of the bid before awarding a contract.
3. CONTRACT AWARD. Plymouth shall prepare contract documents and enter into a
contract with the approved bidder.
4. CONSTRUCTION. Plymouth will provide the construction of the Project in accordance
with Minnesota Law and will provide Orono with a summary of the quantities of materials required to
construct Orono's portion of the Project.
5. COST ALLOCATION. Relevant project costs shall be paid by each Party in accordance
with the construction quantity tabulation for items attributable to each Party. Project costs include
actual constructions quantities and costs. Project costs also include fees incurred from Plymouth's
designated engineer, SRF Consulting Group, Inc. Fees from Plymouth's designated engineer, pursuant to
the Agreement for Engineering Services dated December 11th, 2018, shall be split equally between the
Cities. Any fees resulting from amendments to the agreement with Plymouth's designated engineer shall
be paid as mutually agreed upon by the Cities. Project costs do not include costs associated with the
parties' employees.
1
6. OWNERSHIP. Each party shall own the portion of the Project located within its
corporate boundaries.
7. PAYMENT. Plymouth will act as the construction agent and all quantities will be
tabulated by Plymouth. Plymouth, in turn, will bill Orono for their portion of the Project costs in three
annual installments beginning on December 31, 2019. Upon presentation of an itemized claim by one
agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs
incurred under this agreement within 30 days from the presentation of the claim. If any portion of an
itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid,
and accompanied by a written explanation of the amounts in question. Payment of any amounts in
dispute will be made following good faith negotiation and documentation of actual costs incurred in
carrying out the work.
8. RULES AND REGULATIONS. Plymouth shall abide by Minnesota Department of
Transportation standard specifications, rules and contract administration procedures.
9. INDEMNIFICATION. Plymouth agrees to defend, indemnify, and hold harmless Orono
against any and all claims, liability, loss, damage, or expense arising under the provisions of this
Agreement and caused by or resulting from negligent acts or omissions of Plymouth and/or those of
Plymouth employees or agents. Orono agrees to defend, indemnify, and hold harmless Plymouth
against any and all claims, liability, loss, damage, or expense arising under the provisions of this
Agreement for which Orono is responsible, including future operation and maintenance of facilities
owned by Orono and caused by or resulting from negligent acts or omissions of Orono and/or those of
Orono employees or agents. Under no circumstances, however, shall a party be required to pay on
behalf of itself and the other party any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both parties may
not be added together to determine the maximum amount of liability for either party. The intent of this
paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the
limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and
indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit
liability claims against both parties from a single occurrence to be defended by a single attorney.
10. WAIVER. Any and all persons engaged in the work to be performed by Plymouth shall
not be considered employees of Orono for any purpose, including Worker's Compensation, or any and
all claims that may or might arise out of said employment context on behalf of said employees while so
engaged. Any and all claims made by any third party as a consequence of any act or omission on the
part of said Plymouth employees while so engaged on any of the work contemplated herein shall not be
the obligation or responsibility of Orono. The opposite situation shall also apply: Plymouth shall not be
responsible under the Worker's Compensation Act for any employees of Orono.
11. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records,
documents, and accounting procedures and practices of Plymouth and Orono relevant to the Agreement
are subject to examination by Plymouth, Orono, and either the Legislative Auditor or the State Auditor
as appropriate. Plymouth and Orono agree to maintain these records for a period of six years from the
date of performance of all services covered under this agreement.
PA
12. INTEGRATION. The entire and integrated agreement of the parties contained in this
Agreement shall supersede all prior negotiations, representations, or agreements between Plymouth
and Orono regarding the Project; whether written or oral.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly
authorized officials.
CITY OF PLYMOUTH
L]'11
W100
Jeffry Wosje, Mayor
Dave Callister, City Manager
CITY OF ORONO
Ll'11
3
Dennis Walsh, Mayor
Dustin Rief, City Administrator
AGENDA ITEM
Item No.: 13
Date: May 28, 2019
Item Description: Approval of an Amendment to the Lease Agreement for the
Donation Garden
Presenter: Dustin Rief, Agenda Mayor/Council Report
City Administrator Section:
1. Purpose. The purpose of this action item is to approve the amendment to the Lease Agreement
with Donation Garden.
2. Background. At the May 13' City Council Meeting, Council advised staff to extend the term of
the license agreement the City has for the property located at 2300 Fire Station Drive. Council
directed staff to extend the agreement to December 31, 2027. Council also directed staff to
extend the number of days -notice within the term from ninety (90) days to one hundred and
eighty (180) days.
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
A. Lease Agreement - Amendment No. 1
B. Donation Garden License Agreement Use of Property
Prepared By: AMC
Reviewed By: JI)1
Approved By: _1V
CITY OF ORONO / DONATION GARDEN
AMENDMENT NO. 1 TO THE LEASE AGREEMENT
THIS LICENSE AGREEMENT made and entered into by and between the City of Orono, a
Minnesota municipal corporation, whose address is P.O. Box 66, Orono, MN 55323 (the "CITY")
and Janie Delaney, the Donation Garden representative, whose office address is 1315 Woodhill
Avenue, Wayzata, MN 55391 (the "LICENSEE").
WITNESSETH
WHEREAS, the CITY and the LICENSEE are signatories to the Lease Agreement,
whereby the CITY grants to the Licensee a non-exclusive license to use a portion of 2300 Fire
Station Drive ("Property") for a Donation Garden under the terms and conditions specified
herein; and
WHEREAS, the CITY has proposed an extension of the lease agreement; and
WHERAS, the CITY has proposed an extension of the number of days notice to the
LICENSEE in the event the City receives an executed purchase agreement for the Property or a
portion thereof; 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:
Section 2 shall be amended to read:
2. Term. The term of this License Agreement shall commence upon its date of execution
and end on December 31, 2027, unless terminated prior thereto as provided herein. At the
expiration of the initial term, this License Agreement shall be automatically renewed for up to five
(5) successive one-year terms, unless either party gives written notice to the other party of its
intent to terminate this License Agreement at the end of the initial term or renewal term, as the
case may be. The terms and conditions during any renewal term shall be the same as the terms
and conditions during the initial term of this License Agreement. The City reserves the right to
terminate this License Agreement upon one hundred and eighty (180) days notice to Licensee in
the event the City receives an executed purchase agreement for the Property or a portion thereof.
THE REMAINDER OF THIS PAGE IS BLANK.
CITY OF ORONO
By:
Mayor, Dennis Walsh
Date:
By:
City Administrator, Dustin Rief
Date:
M
AUTHORIZATION
Donation Garden Representative, Janie Delaney
Date:
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made on December 12, 2016, between the City of
Orono, a Minnesota municipal corporation, whose address is P.O. Box 66, Orono, MN 55323
(the "City") and Janie Delaney, the Donation Garden representative, whose office address is -
1315 Woodhill Avenue, Wayzata, MN 55391 (the "Licensee").
1. License to Use Property. Subject to the terms and conditions of this License
Agreement, the City hereby grants to Licensee a non-exclusive license to use a portion of 2300
Fire Station Drive ("Property") for a Donation Garden under the terms and conditions specified
herein. No other rights are granted or conferred upon the Licensee or those using the Donation
Garden by this License Agreement.
2. Term. The term of this License Agreement shall commence upon its date of
execution and end on December 31, 2017, unless terminated prior thereto as provided. herein.
At the expiration of the initial term, this License Agreement shall be automatically renewed for
up to five (5) successive one-year terms, unless either party gives written notice to the other
party of its intent to terminate this License Agreement at the end of the initial term or renewal
term, as the case may be. The terms and conditions during any renewal term shall be the same
as the terms and conditions during the initial term of this License Agreement. The City reserves
the right to terminate this License Agreement upon ninety (90) days notice to Licensee in the
event the City receives an executed purchase agreement for the Property or a portion thereof.
3. Use of Property. The Licensee shall be permitted to use the designated area of
the Property for the purposes of a Donation Garden, as described in this License Agreement,
and shall not use the Property for any other purposes. The Licensee shall not use the Property,
or permit anything to be done in or about the Property, which will in any way conflict with any
law, statute, ordinance, or governmental rule or regulation. The Licensee shall not use,
generate, store, or dispose of any Hazardous Materials in or about the Property. The term
"Hazardous Material" shall mean asbestos, petroleum, and any other hazardous or toxic
substance, material, or waste which is, or becomes, regulated by any local governmental
authority, the State of Minnesota, or the United States Government. Except as expressly
allowed by the City in writing, the Licensee shall not use or allow the use of non-organic garden
fertilizers, herbicides or pesticides. The Licensee shall use and keep the Property in a clean
and orderly condition. At the request of the City, the Licensee shall erect signs and use other
reasonable means to keep the users of the Donation Garden from interfering with the operation
of the Fire Station.
4. Insurance. The Licensee agrees that prior to its use of the Property under this
License Agreement that it will maintain comprehensive liability and property insurance for its use
of the Property.
5. Alterations and Improvements. The Licensee shall be responsible for the
following respective obligations and conditions:
A. Install fencing, edging and landscaping acceptable to the City. The fencing may
remain in place through the allowed five (5) successive one year renewal terms.
B. Install one movable bench for seating; maximum 5' long, 3' wide, 4' high.
1577260
SMM:11/4/11
C. Weed garden and areas immediately surrounding garden and fencing, clean and
maintain site.
D. On-site storage of gardening materials, tomato cages and poles.
E. At the end of the growing season and following harvest, remove or till under all
vegetation and cover with material acceptable to City to manage erosion and to
preserve the site.
F. Identify the location of a minimum of two (2) parking stalls on the property.
G. The size of the garden shall not exceed 100' x 100' and the location shall be
adequately defined.
H. If a water line and spigot are to be installed, the location must be deemed
acceptable to the City. This line shall have a meter installed and the Licensee
shall be responsible for all water used.
6. Prohibitions.
A. The Licensee shall not make any other alterations, improvements, or installations
in or to the park property or designated donation garden area without the City's
prior written consent, which consent may be withheld in the City's absolute and
sole discretion.
B. No permanent structures:
1. Only temporary fencing allowed.
2. No buildings or structures, sheds, gazebos, farm stands, etc.
3. No picnic tables, storage bins/containers, bike racks, compost containers,
lighting, or raised planting beds.
C. Signage:
1. One directional sign shall be permitted. The location of the sign shall be
defined and may not exceed 8" x 18".
2. One site identification sign shall be permitted; maximum 2 square feet.
D. No port -a -potty facilities.
E. No retail sale permitted on property.
F. No use of the Property before dawn or after dusk.
G. No composting on site.
7. Asslanment. The Licensee shall not transfer or assign this License Agreement
to any other party.
8. Default. If the Licensee violates or fails to perform any of the other conditions,
covenants or agreements herein made by the City, and such default continues for five (5) days
1577260 2
SMM:11/4/11
after written notice from the City, such violation or failure shall constitute an Event of Default.
Upon the occurrence of an Event of Default, the City may, in addition to any other remedies
available to the City at law or in equity, immediately revoke the license granted by this License
Agreement without any further notice to the Licensee. Neither the passage of time after the
occurrence of the Event of Default nor the exercise by the City of any other remedy with regard
to such Event of Default shall limit the City's rights under this Section.
9. Miscellaneous Governing Provisions. This License Agreement shall be
construed and interpreted in accordance with the laws of the State of Minnesota. No failure on
the part of a party to this License Agreement to exercise, and no delay in exercising, any rights
contained in the License Agreement shall operate as a waiver of such rights, nor shall any
single or partial exercise of any rights hereunder preclude any other or further exercise of such
rights or the exercise of any other right. The remedies provided in this License Agreement are
cumulative and not exclusive of any other remedy provided by law or equity. All terms and
words used in this License Agreement shall be construed to include any other number and any
other gender as the context or sense of this License Agreement or of any paragraph of this
License Agreement may require as if such terms or words had been fully and properly written in
the appropriate number and gender. Any exhibits to this License Agreement are a part of this
License Agreement. Captions are provided for convenience and ease of reference only and do
not affect or modify the terms of any of the provisions of this License Agreement. All of the
provisions of this License Agreement are separable, so if any provision of this License
Agreement is held to be ineffective by a court of competent jurisdiction, the remaining provisions
of this License Agreement shall remain in full force and effect unless the invalidated provision is
so fundamental to this License Agreement that the remaining provisions do not reflect the
parties' intent. This License Agreement contains the entire agreement of the parties with
respect to the subject matter of this License Agreement and supersedes any and all prior
agreements and understandings between the parties with respect to the same. The terms of this
License Agreement have been cooperatively negotiated by and among the parties hereto, and
this License Agreement shall not be construed against any party hereto as its author. Only a
written instrument executed by both parties may modify this License Agreement. Time is of the
essence for each and every term of this License Agreement. All of the indemnifications
contained in this License Agreement shall survive the expiration or termination of this License
Agreement. This License Agreement may be executed in counterparts and, upon execution,
each counterpart shall be considered an original.
Janie Delaney
on behalf of The Donation Garden j
1577260
SMM:11/4/11
CITY OF OR(O.N `O,/
By:
Lili Tod McMillan
Its Mayor
r
By: \urn
Jessica Loftus
46 City Admini +r r