HomeMy WebLinkAbout06-24-2019 Council PacketAgenda
Council Meeting
Monday, June 24, 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 June 10, 2019
2. Claims/Bills
3. Approval of 2019 Kennel License
4. Approval of Rental License
5. Approval of Garbage Hauler License
6. Approval of Lawful Gambling License — Corvair Preservation Foundation
7. LA19-000027 — Mike Johnsrud, 135 Luce Line Ridge — Resolution
8. LAI 9-000028 — Steve Eggert, o/b/o Lake West Development, LLC, unaddressed PID
2011723420039, Variance from Subdivision requirements
9. LA 18-000044 — City of Orono Comprehensive Plan Amendment (Park Map Only)
10. LA18-000078 — Sven Gustafson, 387 Orono Orchard Rd S, Final Plat, Orono Orchard Hill —
Resolution
11. 2019 Contract Street Maintenance — Change Order
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.
Finance Director Report
12. Accounting Software Upgrade
Mayor/Council Report
13. City Administrator Performance Evaluation Update
City Administrator Report
14. Selection of Residential Recycling Services Contractor
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Agenda
Council Meeting
Monday, June 24, 2019, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
City Attorney Report
Adjournment
Upcoming Events
2019
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.
08-12-19 City Council Meeting, Monday, 7:00 p.m.
08-19-19 Planning Commission Meeting, Monday, 6:30 p.m. (Victoria Seals)
08-26-19 City Council Work Session, Monday, 5:00 p.m.
08-26-19 City Council Meeting, Monday, 7:00 p.m.
Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 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, III, Matt Johnson, Aaron Printup, and Victoria
Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson,
Development Director Jeremy Barnhart, 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 MAY 28, 2019
2. CITY COUNCIL WORK SESSION MINUTES OF MAY 28, 2019
3. CLAIMSBILLS
4. APPROVAL OF 2019 GARBAGE HAULER LICENSES
5. APPROVAL OF RENTAL LICENSES
6. APPOINTMENT OF 2019 SEASONAL EMPLOYEES
7. LA18-000057 CITY OF ORONO TEXT AMENDMENT: PLUMBING IN ACCESSORY
BUILDINGS — ORDINANCE NO. 224
9. 2018 TRANSFERS FROM PAVEMENT MANAGEMENT FUND
10. CITY OF ORONO TEXT AMENDMENT: WATER METER — ORDINANCE NO. 226
12. LA19-000018 CHRISTOPHER W. BOLLIS AND RACHEL A. BOLLIS, 350 STUBBS
BAY ROAD, PRELIMINARY PLAT — RESOLUTION NO. 6990
14. 19-000028 STEVE EGGERT ON BEHALF OF LAKE WEST DEVELOPMENT, LLC,
UNADDRESSED PID 2011723420039, VARIANCE FROM SUBDIVISION
REQUIREMENTS
Crosby moved, Seals seconded, to approve the Consent Agenda as revised and to add Item No. 8(a),
LMCD Update, to the regular agenda. VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
Eleanor Ferril, 240 Wakefield Road, noted she appeared previously before the City Council regarding a
request for a ground mounted solar panel project. The request was approved by the variance committee,
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7:00 o'clock p.m.
but it was sent to the Code Review Committee for review. The Code suggested that it would not be
allowed. Ferril indicated her husband has since died, which is why she has not been here sooner.
Ferril stated she has come tonight for clarification because she does not quite understand what the City's
reasoning was to turn down the variance committee's suggestion. Ferril indicated she has articles from
January 31St about how power grids can have a big surge, with the power going down, as well as articles
from February 1 about climate change and an article from Science and Health. In addition, there is an
article about the City of Minnetonka going all solar.
Ferril stated she is wondering, given all this information, whether any of the Council Members' attitudes
have changed. Ferril commented they wanted to reduce their footprint and that this was their way of
doing it. Ferril requested clarification on why her project was denied.
Mayor Walsh noted the public comment section is not a question and answer period, but that there was
not support on the Council to make any changes to the current code.
Ferril asked if the City Council chose to follow the recommendation of the Code Review Committee over
the variance committee.
Mayor Walsh noted the City does not have a variance committee and asked whether she means the
Planning Commission.
Ferril stated it was the Planning Commission.
Walsh noted the Planning Commission makes recommendations to the City Council but that the Council
is not obligated to follow those recommendations.
Ferril asked if there is some where she can get additional information on that.
Mayor Walsh referred her to the City Administrator.
PUBLIC SAFETY REPORT
8. SWEARING IN OF JUNIOR CADETS
Police Chief Corey Farniok stated Christy Fletcher from the Orono School District will talk about the
GTO program and how Orono is developing this into the future.
Christy Fletcher, Director of Special Services, stated GTO stands for Growth through Opportunity and it
is a program that allows students with developmental disabilities gain real life job experiences and job
experience and it also gives the Police Department experience with working with a diverse population.
GTO is a program that was originally developed out east. Prior to Orono implementing the program, the
only other GTO program in Minnesota was in the City of Wyoming. The more that was learned about the
program, the more interested they became.
After successful listening sessions and planning meetings, Orono School District decided to move
forward with the program, and that she would like to thank the Orono Police Department and Chief
Farniok and other officers who have made this program possible.
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7:00 o'clock p.m.
The two Junior Cadets being recognized this evening are Pierce Panaz and Alex Glassner. Their families
have been very supportive of the program.
Chief Farniok stated some of Pierce's favorite things are pizza, chocolate donuts, and the Vikings, and
Alex has been heavily involved in the Special Olympics and is looking forward to riding in a police car.
Mayor Walsh administered the Junior Cadet oath of office to Piece Panaz and Alex Glassner.
Mayor Walsh commended the two Junior Cadets for their fine work.
8(a) LMCD UPDATE
Mark Kroll, Orono's representative to the LMCD, indicated prior to this meeting he spoke about the
LMCD's 2020 budget with Mayor Walsh, who expressed a concern regarding a budget item of $100,000
as well as the $25,000 item that was allocated toward communications and public engagement.
Walsh noted the $100,000 was included in the lake management plan as an expense and that it was
indicated it would be a one-time item. Because of that, it would be more appropriate for the money to be
taken out of the LMCD's reserve.
Kroll stated he did pass that feedback on to LMCD management. Kroll stated the reserve and the budget
situation is a little more complicated because the majority of the budget is an effort to restore the reserve
level. The budget shows a $100,000 amendment to put the money into the reserve but that the LMCD is
taking $36,000 out of the reserve for spending. By not doing the milfoil harvesting this year, the LMCD
saved approximately $35,000. The end result is that amounts to new cash of $35,000. Whether that is a
good use of money or not is something Orono should have some say in since Orono is the second largest
contributor to the budget.
The second budget item relates to a $25,000 expenditure for public engagement. The LMCD sent out an
RFP, which is due on July 1St. The goal of the public engagement is to clarify the LMCD's role to the
public since there is confusion between the Lake Minnetonka Association, the Minnetonka Creek
Watershed District, and the LMCD.
Kroll indicated he is open for questions.
Walsh stated he made his points on the public relations budget to Mr. Kroll. In his opinion the LMCD
does not need a PR firm to be doing PR work for them since the LMCD has an executive director and
other administrative help, and that the $100,000 line item for the management plan is a padded dollar
amount to justify the revenues because then the LMCD will be wanting more money from the cities
because of that.
Kroll stated that is largely accurate.
Seals asked why there is still a line item for 2019 of over $43,000 if the LMCD is not doing milfoil
harvesting.
Kroll indicated that was originally in the budget, but the actual is $10,000 that will be spent on
maintenance and repair of the machines.
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Rief noted the budget was approved prior to it being removed.
Kroll noted they were able to get a one-year moratorium on the milfoil harvesting.
Walsh stated the LMCD has plenty of money in reserves and that is where these one-time funds should
come from. As a result, the cities should see a reduction of 20 percent versus the LMCD asking for 2.5
percent more.
Kroll stated he will vote to reflect the wishes of the Orono City Council. Kroll noted the LMCD has
restored $50,000 for milfoil harvesting with the expectation that milfoil harvesting will be restored next
year. Without that, the budget would go down.
Walsh stated the LMCD is adding revenues to justify the expenses and that they need to look at the
expense line to understand where it is coming from. Walsh stated in his view he does not feel Orono's
money is being spent wisely with the harvesters, which is the reason for the moratorium and that Orono's
position is well known.
Walsh encouraged Mr. Kroll to attend the LMCD meetings as often as possible.
Crosby requested Mr. Kroll try to find out what the other members' thoughts are.
Kroll stated he will do that and that he will always vote the way the Orono City Council feels is
appropriate. Kroll noted he is only one vote but that he will do his best to convince the other
representatives to follow Orono's lead.
Johnson stated he did contact Mr. Kroll today about the LMCD, which is probably the reason why he is
here tonight, and that since the beginning of the year he has been doing his own homework to understand
what is going on there in addition to attending several of the LMCD meetings.
Johnson stated there appeared to be three things going on around the spring break time period and that
they had the LMCD representing the positions of the different cities without necessarily consulting with
the cities. Johnson indicated he and Council Member Seals attended the next LMCD meeting and that he
has since expressed his concern to Mark about not receiving any updates about what is occurring at the
LMCD, which is why he called him today.
Johnson commented he is somewhat uncomfortable in saying that because Mr. Kroll is a volunteer and is
willing to give of his time, and that anytime someone volunteers, there is always an appreciation for that.
The City Council also had a work session meeting where they were not getting updates or information.
Given some of the legislative changes that are occurring, it is very important the Council has a very clear
understanding of what is happening with the LMCD. Johnson stated there just seems to be a disconnect
about getting information outside of the one work session meeting, but outside of that, he has not received
any information.
As a result, Johnson stated he is of the opinion that Orono needs a new representative since this is a very
important time and Orono needs more engagement and information coming forward.
Kroll stated Council Members Seals' and Johnson's attendance at the meeting was appreciated because he
is one of 14 votes and it gets a little tough at times. There is some resentment over the size of Orono,
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which is unfortunate, but Orono pays a good portion of the bills. Kroll indicated he has built a good
working relationship with various members of the LMCD.
Kroll stated he appreciates Council Member Johnson calling him today, which is why he came tonight,
and that he wants to work at the pleasure of the City Council. Kroll stated if the Council has someone
else in mind, he would appreciate knowing that, but in his view he has been very effective on the most
critical issue, which was the milfoil harvesting, and that he will continue to build those relationships.
Crosby stated in his view the City has made some progress, especially given the one-year moratorium,
and that what might help Mark is if periodically some of the council members show up at the meetings to
support him. Orono is one of 14 votes and it is not balanced for the amount of money that Orono
contributes. Having some support from the Council at the LMCD meetings might help Mark and that he
is not sure if getting a new representative will change anything. Crosby stated in his view the LMCD
does not have the major interest of Lake Minnetonka or the residents at heart, which has been proven by
their milfoil harvesting, which is outdated.
Walsh stated the Council could perhaps provide better direction and that he would appreciate a summary
email update following each of the LMCD meetings. Walsh stated he would like more constant updates
as to what is going on at the LMCD, and if anyone on the Council has any specific questions, they can
respond to the email. Walsh stated in his view they have made progress and that this Council and some
Orono residents are more proactively involved, which bodes well for the future.
Kroll stated as the Orono representative, he shares the Council's frustrations, and that he is attempting to
form relationships with like-minded city representatives. Kroll stated he is also somewhat digging out a
little bit of a bad goodwill situation from his predecessor. Kroll noted he would not have been able to
provide any updates on the recent legislation since the LMCD was not informed of that and it was another
complication in the ongoing battle.
Seals noted the legislation was relating to the LMCD attempting to take over some land rights and that in
her view the LMCD spoke out of turn and spoke against Orono residents when they attempted to speak
out about it. The challenge is that Orono is one of 14 cities, and goodwill or not, Orono is not going to
attain a majority on the LMCD. At the present time the LMCD is not happy with Orono and they do not
put Orono in a good light.
Seals stated the LMCD needs to take a seat back and ask themselves who butters their bread. The
representatives are appointed and half of the LMCD budget goes towards administrative. Seals stated in
her view many of the things the LMCD does can be done better and cheaper by private entities, but that
she does not have a solution.
Walsh stated the good news is that there has been some clarifying legislation, which is the beginning of
the process.
Seals stated the Council can do a better job at supporting Orono residents, especially the marina owners,
since they are the guys who help the sheriff and are there helping to pull boats out. Seals stated she is
super disappointed the LMCD has not apologized for the track they went down but they are continuing to
dig the hole. The people the LMCD has come out against are some of the first residents to step up and
help out with community projects out on Big Island. Seals stated she does not know how someone can
change the present culture.
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Kroll stated he agrees with 90 percent of what Council Member Seals has said and that he shares her
frustration with the wake boats. Kroll commented he is philosophically against big government and
taxes. There unfortunately are multiple layers that are at play with the MCWD and the LMA competing
with the LMCD and then the DNR. If there was no LMCD, the DNR would then have to pull two or
three of their boats from counting walleyes down to Lake Minnetonka because they just do not have the
manpower to monitor the lake. In addition, none of the entities really has the legislative power to write
ordinances limiting speed or other items on the lake and that they need to go to the state for that.
Kroll stated it is not reasonable that Orono and Minnetonka only have two of the 14 votes even though
they are the two largest cities on the lake. Kroll stated he would be happy to sit down with people that
want to propose a bill to the legislature to reform the LMCD, which should be done since it has been
around for 50 years. Kroll stated he is of the belief there is some role for a government agency
overseeing the lake.
Walsh stated he does not totally disagree with that, and that part of his quotes in the paper was that he
supports reworking of the goals and direction, which is what makes the most sense, instead of the
government trying to grab more and more power by unelected people.
Seals noted the Water Patrol is enforcing the speed rules and some of the other things on the lake, but that
it is frustrating when she sees all of these line items because the LMCD does not do a good job at most of
them. Seals commented she sees the same lady at the boat landing when she goes out on the lake, but that
when she comes back in, she is not there. Seals stated unless they literally block all lake access, there will
be problems.
Crosby stated it comes down to where the zebra mussels are coming from, and it is not from the residents
who live on the lake.
Printup commented there are dozens of agencies overseeing the lakes, such as the individual cities, the
counties, the DNR, the Army Corps of Engineers, the LMCD, the LMA, as well as federal agencies, and
when there are that many agencies involved, nobody has total control over anything. Printup stated in his
view Orono is taking the lead on something.
Kroll thanked the City Council for allowing him to speak tonight and that he will serve the Council better.
Johnson stated going forward it is important that the Council establish an expectation of the position and
that he would like to hear from Mr. Kroll, whether it is biweekly or monthly, on what is happening at the
LMCD. Johnson stated he can get the automatic feed from the LMCD but that he is attempting to get a
more intimate view of what is going on and that he would like to see something at least every month on
what is new and happening. Johnson encouraged Mr. Kroll to also update Staff on changes so they can
communicate the new regulations to the residents.
Walsh stated he is willing to give Mr. Kroll better direction and that in return he would ask for more
communication from Mr. Kroll. Walsh stated he does not want to go past that point without giving
Mr. Kroll the opportunity to improve the communication.
Crosby suggested Orono also consider getting the area city councils and mayors together to discuss the
issues specifically and see if they can get a coalition of people who are on board.
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Seals stated the challenge is that everyone views it from a different perspective and that Orono is very
much on an island when it comes to their viewpoint. Seals stated she wants Mark to be there every single
time, adding agenda items, and challenging the status quo. Seals stated they can also invite residents to
attend the meetings and speak, but that they need Mr. Kroll to help drive the agenda. Having a meeting
room full of people is effective and helps get the word out.
Printup asked if there could be co -representation on the LMCD in the event Mr. Kroll is unable to attend a
meeting.
Kroll indicated he will check into the legislative rules on that and that he will not be a passive member.
As far as succession planning goes, Kroll stated he thinks it is a great idea to have a successor in mind so
they know what they are getting into and do not get blindsided.
PLANNING DEPARTMENT REPORT — REPRESENTATIVE BOB ERICKSON
11. LA19-000017 STEPHEN AND JENNIFER PAIDOSH, 4300 NORTH SHORE DRIVE,
RIGHT-OF-WAY VACATION
Curtis stated this application is regarding a request to vacate the rights-of-way of Forest Boulevard and
Bluff Street situated between 4300 North Shore Drive and 1453 Park Drive. The rights-of-way were
originally dedicated with the plat Saga Hill Revised. There is an existing City stormwater catch basin and
pipe on the 4300 side of the right-of-way. The neighboring property owner to the east at 1453 Park Drive
has indicated their support of the vacation. Based on this, Staff considers both property owners to be
requesting the vacation.
At the May Planning Commission meeting, a public hearing was held, and following the public hearing
and discussion, the Planning Commission voted 6-1 against on a motion to deny the requested vacation.
The Planning Commission instead encouraged the applicant to apply for a variance to the average
lakeshore setback.
As noted in the report, Staff recommends denial of the request. If the Council supports vacation, Staff
recommends an easement for continued use and maintenance of the existing storm sewers.
At the request of a Council Member, Staff researched the request for a vacation. Since 2015, of the 24
vacation applications made, three of those were vacation requests for lake access. One was denied on
Casco Point Road, one was tabled on Crystal Bay Road, and then this application tonight. If the Council
would like more information, Staff would need more time to compile the information. Staff would note
that in the past the City has vacated various rights-of-way around Forest Bay, including at least one lake
access.
The Council should make a decision regarding the vacation and then direct Staff to draft a resolution
reflecting this decision for adoption at the June 24 meeting.
Print -up asked what the other vacation was on Forest Bay.
Curtis stated she does not have a comprehensive list of the vacations, but it would be probably a better
analysis if Staff had more time. Curtis indicated on the overhead the location of the right-of-way and
noted this right-of-way vacation lake access was done in 1965.
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Walsh noted a road and various lake accesses were originally platted in this area and that over time some
of that has been vacated. This is one of the last little pieces that is looking to be vacated from its original
public purpose as a road. The area is very steep and it is not likely that a road can be built there.
Walsh noted the City has talked philosophically over the years about cleaning up this kind of stuff and
that this would be a logical one. If the Council decides to vacate it, the easement can be reserved at the
same time.
Crosby asked why it was there in the first place.
Walsh indicated it was originally platted for a road.
Curtis noted the other little vacations were on Forest Boulevard.
Walsh stated he knows the applicants do not have a problem with giving an easement and that it is more a
matter of cleaning it up and making it make sense.
Mattick stated reserving an easement as opposed to vacating the whole thing makes sense. If the City
reserves something, he would suggest they do not redefine it just so it is over the pipe but that they say
they are reserving an easement over the parcel. Mattick stated he does not know if the City is looking to
make it less wide, but that it would require some survey work.
Printup stated in the past when the Council has had utilities in these city easements, they have allowed
property owners to use that area, but it was known that the City had the right to go in there.
Mattick stated the property owner still has the right to use that area but the use cannot be inconsistent with
the City's easement. For instance, a property owner cannot go and start screwing in bollards or putting in
a fence since it would be inconsistent with the easement. The idea here would be that the City would give
up their rights to that land but reserve the City's right to perform stormwater work in that area and the
property owner cannot do anything that is inconsistent with the City's ability to perform stormwater work
or to have access to that pipe.
Walsh stated the whole area probably does not need to be covered but that they should allow enough
room for the City to access the pipe.
Crosby asked how wide the pipe is.
Paidosh indicated it is 15 inches.
Barnhart stated after consultation with the City Engineer, Staff can draft something for the easement that
would provide the necessary width.
Printup stated he gets uncomfortable when the City is whittling away at these lake accesses.
Crosby stated if it cleans up an issue that was done years ago and is not in use today, then it makes sense.
Printup noted these lake accesses are all over the place and they are getting whittled away. If the City
does not do anything today, they could maybe come up with a policy rather than doing it here and there.
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The City could perhaps say if there are no utilities under it, no pipes or wires or utilities of any kind, the
City does not entertain these requests. Printup commented this issue seems like it comes up annually and
is not something that is going to go away. Printup stated the question is how the City protects public
property.
Walsh pointed out all the different lake access points are unique and should be reviewed on an individual
basis. The purpose for this one was a public road, which is not going to happen. The City has attempted
to create a little more flexibility by having the Code Review Committee look at some of this, which
means more people will come forward, and some of those requests will cause problems and some will be
innocuous. Most of the time the City has said no but they also have said yes in certain situations. Walsh
noted he ran for the City Council to help sort out some of this stuff that is outdated.
Seals noted Staff's recommendation was not to approve and that land located on the lake has a value.
Seals questioned how giving away something of value for free is in the best interests of the overall
community, which is a sticking point. There is a value to it because lake frontage is important. The
Planning Commission had a lengthy discussion about it and that it is more complicated than simply
cleaning it up. The City does use it, but on the other hand the terrain is steep.
Crosby stated that is a valid point and that giving up the land for nothing does not make sense. An
ordinary citizen would not do it.
Walsh noted you cannot sell a vacation.
Mattick stated he assumes the land was dedicated as part of a plat, and if so, the City does not own it.
What the City basically has is an all-encompassing easement. The law says when you dedicate
something, it will be treated as an easement even though it looks like a separate lot. However, the City
does not own the land and they cannot put it on the market. What the resident gets when it is vacated is
the land, which goes back to him.
Crosby asked who the legal owner is.
Mattick stated the County would probably say the City owns it but the City does not have title to it.
When the City vacates something, it goes back to the land that dedicated it. If the county follows their
normal custom and practice, they will probably split the right-of-way in half. The county usually tries to
keep straight lines, but it may become a little more jagged near the road.
Seals stated she understands the reasoning from the property owner's perspective, but that she does not
believe the City has sat down and said, this is what we own, this is the direction we want to go. Seals
indicated she would likely abstain tonight because the City has not done a thorough look at all of the
access points.
Walsh noted it would be difficult to come up with a specific policy because the access points are all
different.
Seals stated a good discussion about them would be helpful.
Crosby asked whether they should discuss it at a work session.
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Walsh stated the Council can discuss variances all day long, but until a specific request comes before the
City Council, they would just be spinning their wheels. The City Council can talk discuss philosophically
what the City's practice is, but that the Council has discussed cleaning these up.
Seals commented she does not believe the Council has actually sat down and discussed it and that she
would be in favor of discussing it at a work session.
Printup noted the Comprehensive Plan has a section that talks about the fire lanes.
Walsh stated the DNR also says you should reserve an easement for utilities.
Seals stated she is fine with voting on it at some point, but she would like additional discussion about it at
a work session.
Crosby indicated he is on the fence and that he is fine with a work session to try to come up with some
type of consensus.
Rief stated other properties related to the fire department are being brought forward at the next work
session and this could be one of them.
Printup commented this situation is similar to Chevy Chase who were claiming a ditch was a park and
who is to say that those neighbors are not going to request to divide that.
Walsh stated you have to evaluate the request on its merits.
Printup stated he does not want to open up a can of worms and that the City has had cases where there is
public property where some have argued it has been beautified.
Johnson stated this is an applicant who headed in this direction, at least in part, based on Staff direction
that this is one option, and that he wants to be sensitive to that. If this was not on the lake, you could get
rid of this easement right away, but because it is, he can understand why there is some pause. Johnson
indicated he would like to hear from the applicant.
Stephen Paidosh, Applicant, stated their objective was to remove the existing residence and build a new
home on the property. The home was originally built back in 1962, and that he is not sure if there were
fill issues at some point, but the foundation has settled. The windows have been corrected from time to
time, and if you try to structurally fix the foundation, all the windows would need to be fixed again.
Basically one of the issues they ran into was in relation to wanting to relocate the public street access to
Park Drive. There is an incline on the driveway that faces north, and when something faces north, salt is
not as effective and the driveway becomes snow packed. The relocation of the driveway requires an
easement and a variance to access due to a utility pole and a stop sign to get onto County Road 19. If the
driveway were relocated, it would come out too close to the stop sign, which would probably be an issue.
In working with an architect, an L-shaped house was designed with the garage facing Park Drive to give
them a straight shot to the road. There is actually a tarred area from when they put in the drainage ditch a
few years ago and the home on the other side of the proposed vacation uses that.
Page 10 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Paidosh stated the other reason they are pursuing this is to minimize view disruption. The L -shape
requires the home to be moved closer to the lake and it would allow it to be further away from the
neighbor's house. In addition, the property is possibly a corner lot now because there is a street that does
not exist, which would require a 35 -foot setback versus a 10 -foot setback. A person cannot use the two
adjacent houses to determine the average lakeshore setback line since it is all dictated by the house to the
west, which is 202 feet from the lake at the high-water mark and this lot recedes in a little.
The wider property and the land vacation would allow the house to be repositioned and to be located more
on the east side of the property, which minimizes the impact to the west, and they would pick up an
additional 10 feet. If you look at where the easement is drawn, it would allow the house to be built up to
the current property line and it would allow you to shift and cant the house a little bit, which opens up a
peripheral view on the west side.
The architect had indicated he requires an updated survey to define the building footprint, which has been
done, and they learned from the architect that they would exceed the setback allowance on the lakeside
with the L-shaped house and the desire to go out on Park Drive. Paidosh indicated he then met with
Jeremy from the City of Orono on what footprint he could work with in January and that is where he
learned about a vacation. Paidosh stated he did not realize that he already had an easement on the
property that he purchased back in 1999. Based on that discussion, that was the direction they went with
their plans and they completed an application form for the vacation. Paidosh stated his understanding is
the land has to be divided 50150.
Following submission of the application, it was learned that Staff might not be in favor of the vacation.
Paidosh noted he does not have any elevation drawings, which would be required for a variance, and that
he does not have formal house plans yet because he wanted to avoid that expense if the vacation would
not be approved. In May the Planning Commission voted 6-1 to not approve. Paidosh stated after
discussing it with his wife, they made a decision to go forward with the vacation request, which gets them
to where they are at now.
The original revised plat was registered in 1887, and basically there is quite a difference versus what
actually happened versus what was originally intended. Every one of the areas in red represents the
vacations that have been granted over time. The blue area is the subject property. In addition, the spoke -
shaped area has been vacated.
Paidosh noted his request for a vacation is not an attempt for a land grab, and when you look at it, they get
to enjoy the property for free and they were not after it for any reason. A few years ago, following
construction of a new house, the water runoff was screwed up and it rolled off the road and into the
driveways. The stormwater pipe was a simple way of fixing it.
Paidosh stated his main intent in meeting with Jeremy was to gain guidance and that he attempted to do
what was reasonable before spending a lot of money. The process has been a little frustrating with the
lack of continuity to support vacations and that this has been kind of a disruption to their plans. Paidosh
stated as a result of the negative recommendation, he is open to suggestions going forward.
Paidosh noted he also has been taking care of the public land, which does not entitle someone to it, but
that he has been providing lawn care, tree care, and fixing the gravel pathway every time it washes out. In
return, they get to enjoy the property for free. Paidosh stated he picked up the tab 20 years ago for
riprapping the shoreline without realizing he was improving public property. The vacation will help him
Page 11 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
improve the property and it will increase the tax base for the City on land that is currently not generating
any revenue for the City. The neighbor that lives on the other side of the right-of-way resides here for
only a few months out of the year.
Further, at the Planning Commission meeting there was some discussion about emergency access. The
point was made that there is ample access to the lake even though there is not free public access. Across
the lake there is easy access to the lake, and unless a lot of time and money is spent improving that 50 -
foot piece, it will not provide vehicular access to the lake.
Paidosh noted 1887 is well over 100 years ago and that he does not know what is going to change, but
they are now 120 years out and no one has expressed any interest in it. Paidosh stated he did not have any
interest in it for over 20 years, but it was driven out of necessity in building a new house.
Walsh stated the City Council relies on the Planning Commission to vet the applications and that he was a
little disappointed the Planning Commission did not have all of the information. As a result, the Council
becomes the Planning Commission in a sense by having to vet the information. Walsh stated he is
concerned and disappointed that this process is a little tainted and that he is not sure how to get around
that at this point.
Seals stated the applicant's explanation helped clear up the process and it goes back to why everyone is
on a different page since it seems like everyone had a different piece of information. After the
explanation, it does make sense to vacate it, but that she does not want the City to be apathetic in how
they got here. Seals stated they need to do better, and if Staff suggests something, the Planning
Commission should feel like they have all the information they need.
Rief stated part of the challenge is that the current Comprehensive Plan is where the change happened,
and in the previous Comprehensive Plan it was always a no and the current one says that it is a maybe.
Staff has discussed about how to go about this better but that they are talking about 100 years of
vacations.
Seals stated her concern is what would have happened if the applicant had given up.
Walsh indicated he spoke with the City Administrator on Friday and asked for Staff to repopulate with
some of this specific information. Staff did not do so but the applicant did, which is concerning.
Printup asked if the applicant has any pictures of the terrain.
Paidosh indicated he does not, but the best way is to look at the drawing gradients.
Crosby asked how wide the path is.
Paidosh stated you can get a riding mower down it.
Johnson asked if the applicant is going to come back to the City Council with a request for a variance if
the vacation is approved.
Paidosh stated his understanding is that there either there is an average or a point of tangency of the house
closest to the lake and the house that is nearby.
Page 12 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Johnson asked if it is the average lakeshore setback he is speaking of.
Paidosh stated it is. Paidosh stated they are not looking to build something that is a McMansion and that
the area would be divided between the two properties with the vacation,
Johnson asked if currently that property is considered a corner lot.
Curtis indicated it is, but that the setback would not be the same as a corner lot to the street since it is an
undeveloped road. The setback would change if there is a vacation.
Johnson asked if the average lakeshore setback would change if there is a vacation.
Curtis indicated it would change.
Johnson asked if the applicant is confident that he will work within the coniines of the zoning district
regulations.
Paidosh stated the only reason they are moving the house back now is because of the L -shape and coming
out on Park Drive. Paidosh stated he does not believe they will get near the red line.
Paidosh asked whether they can come out on Park with or without the vacation.
Curtis stated they can relocate on Park.
Johnson asked if there is some value to having half of that lot.
Paidosh stated there might be some aesthetic value on it but that they will be paying taxes on land that
they are able to enjoy now without paying taxes on it. Paidosh stated it will cause his value to go up, but
due to the easement, he cannot build on it.
Johnson noted he would also get a conforming dock location, so there is plenty of value to it. Johnson
stated he is prepared to put forward a motion asking Staff to draft a vacation of the property and to work
with the applicant to create some compensation for the City and then holding the City's easement in
reserve.
Paidosh asked if he is asking for him to purchase the City's easement rights.
Mattick indicated he is. Mattick noted there would not be a purchase agreement for the land.
Paidosh stated he did not realize the dock was not compliant until recently, but that the neighbors all get
along and it hasn't been an issue.
Mattick stated the City cannot enter into a purchase agreement and that the county ultimately decides
where that line gets drawn. The City currently has an easement over it and the land shows up as an outlot.
What the City can do is put cash into escrow, and if the request is denied, the money would be returned.
Rief asked whether it would just be a stormwater easement or a drainage and utility easement.
Page 13 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Mattick indicated the City would need to decide exactly what they want an easement for and that the
Council needs to be clear about what they are reserving. An easement covering drainage and utilities is
broader than sewer since it would also include water and electric and gas.
Johnson stated he is not as concerned about overly encumbering it since logically it is hard to anticipate
what the City will need it for. Johnson asked whether the pipe that is shown on the shaded portion of the
survey extends all the way to the lake.
Paidosh indicated it does.
Johnson stated the easement would be carried all the way down.
Curtis noted the City Engineer recommended ten and ten.
Mattick asked whether there is a legal description for that gray area.
David Cumberton, Bergquist Land Surveying, indicated he did write a drainage/utility easement.
Hennepin County will decide the final line and that he ran a line tangent to the curb and brought it straight
in to give the City more land where the catch basin is. The easement would cover ten feet on either side
of the pipe.
Mattick stated that area is already described then.
Johnson moved, Crosby seconded, Application No. LA19-000017, Stephen and Jennifer Paidosh,
4300 North Shore Drive, to direct Staff to draft an approval resolution for the vacation of the
rights-of-way of Forest Boulevard and Bluff Street situated between 4300 North Shore Drive and
1453 Park Drive, and to require a drainage and utility easement be provided by the applicant as
described, subject to confirmation, and subject to the applicant and the City reaching an agreement
on compensation to the City. VOTE: Ayes 5, Nays 0.
(Recess taken from 8:49 to 8:57 p.m.)
13. LA19-000027 MIKE JOHNSRUD, 135 LUCE LINE RIDGE, VARIANCE
Oakden stated the applicant is requesting a variance to exceed the allowed square footage for an oversize
accessory structure from 1,200 to 1,432 square feet. The property is located in a planned residential
development within the RR-lA zoning district. The property is permitted to have a total of 2,400 square
feet of accessory building. It is permitted to have one oversized accessory structure, but no single
structure may exceed 1,200 square feet. The existing detached building was built in 2017. The property
owner is requesting to add a 280 square foot addition to the existing 1,152 square foot building, creating a
1,432 square foot building. The Code allows a second accessory structure on the property not to exceed
999 square feet.
Staff finds the submitted application does not meet the practical difficulty standards. The request for a
variance does not establish any demonstrable difficulty unique to the property. The applicant has
indicated they can meet the city Code by building a separate accessory structure. There are not any
unique circumstances with the land or the use to support a variance to allow an accessory building larger
than the code would permit. Further, the applicant has not demonstrated that the property is unique to
Page 14 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
support the variance and the use of the property has been achieved via the construction of the home and
the 1,152 square foot accessory structure.
The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism.
The applicant states an addition to the existing building would be better financially, environmentally, and
neighborly.
The Planning Commission reviewed this application at their May meeting and discussed the proposed
variances. The Commissioners discussed the City Code for allowing one oversize accessory building and
also allowing up to 2,400 square feet total of accessory building square footage. Concerns were
addressed regarding overall massing coverage for the property.
The Planning Commission recommended approval of the variance request on a 4-3 vote with the
condition that any additional accessory structures on the property be prohibited. The City Attorney has
advised that any condition placed on a variance must have a clear connection to the regulation.
The applicant has submitted signatures from his neighbors in support of the project as well as his
homeowners' association.
Staff recommends denial. The City Council should review the submitted application and direct Staff to
draft a resolution. If a motion is made to approve the request, the Council should provide Staff with
applicable practical difficulties.
Crosby asked if there is an existing garage on the existing home.
Oakden indicated there is an attached garage and the detached garage was built two years ago.
Crosby asked what the practical difficulty is.
Johnson stated the practical difficulty is that the code does not make any sense, particularly in this
instance. The applicant can put another detached garage right next door to this one that is ten feet from it
but the Code says it cannot be attached. Johnson asked what the maximum is.
Oakden indicated this lot size, the applicant can have one building that does not exceed 1,200 square feet
and then he can have a total accessory structure massing of 2,400 square feet. The applicant could
technically have three more buildings as long as they do not exceed 2,400 square feet.
Johnson asked how big the existing detached garage is.
Oakden indicated it is 11,52 square feet.
Johnson stated this comes down to the topography, and that the applicant has received approval from his
HOA and supporting letters from the neighbors. If he was to add a detached garage on the side, it would
start getting into some topography issues.
Oakden stated there are some topography issues to the south as it moves back to the rear but the side
setbacks would be okay.
Page 15 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Johnson asked if there can be a condition placed on the property restricting future garage space.
Mattick stated at the Staff meeting the initial question was, can the City place conditions on a variance
where the City can prohibit something that would otherwise be allowed. After conducting some
research, Mattick stated he believes the City can. If the applicant gets a side yard variance for 5 feet
where 10 feet is normally required and the applicant would like a 35 -foot house, the Council can say you
only get 30 -foot house, which is taking away something that otherwise would be allowed.
Mattick stated in this instance the Council has to decide whether they should impose conditions.
Oakden stated the applicant is requesting 1,432 square feet.
Mattick noted that would take away 942 square feet.
Walsh noted the condition would not preclude him from coming back at some point in the future.
Mattick stated the Code contemplates 2,400 total square feet, so to get a variance for one building, the
question is whether there is a strong nexus to strip him of that extra square footage that would be allowed.
Walsh stated there may not be a true practical difficulty and the question is whether the code is something
the City should revisit.
Johnson stated if massing is a concern, attaching the structure is the most unencumbering way to add
square footage. Johnson asked whether a practical difficulty could be the fact that the code is
unreasonable.
Walsh asked how long it would take to revisit this specific code issue.
Barnhart noted there is some time left in the 60 -day review period but that it might be a challenge to get it
before the Planning Commission in time.
Crosby stated there could be a practical difficulty with the placement of the structure since access to the
structure would be more difficult at the rear of the property.
Mattick stated that would be the discussion but that he does not like saying the City does not like its code
so let's give variances. If the City Council does not like the code, they should change it.
Walsh asked if the applicant would be willing to delay this a little in order for the Council to review the
code.
Mike Johnsrud, Applicant, stated he has the ability to build up to 999 square feet in another building that
is not contiguous to this one and that it is not a state statute that it has to be ten feet from the property line.
This development was put in back in the mid-1980s, and the lots are all somewhere around three acres,
but someone granted the developer the additional land behind the structures to get to the five -acre
minimum that was required at the time the development was done. The taxes and ownership, however,
are based on 2.68 acres.
Page 16 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Johnsrud stated he is hoping his application is not delayed and that he will either build another structure
or add on to the existing one. Adding on to the existing building financially made more sense since only
three posts are required, they do not have to do any augmenting to the driveway or remove any trees. It
also made more sense for the neighbors. The house to the east will not be able to see it from their house
or from the road.
Walsh noted the City's Code does not allow them to do that without a practical difficulty, which is what
the City Council has to follow.
Johnsrud stated there was nothing he saw that defined what a practical difficulty is and that it seems
arbitrary.
Crosby stated in his view the practical difficulty is the access and that he would be in favor of moving it
forward and then addressing the code.
Johnson stated no trees would also need to be removed.
Seals stated a practical difficulty is something that prevents you from living on the property.
Crosby stated enjoyment of your property is also included.
Mattick stated some discretion is allowed but a financial consideration is not one of them. When it comes
to a practical difficulty, the question usually is, is there something about this property that makes it
unique. The City Council knows he can construct a structure that meets the requirements of the Code.
The Code contemplates, if due to the dynamics of the lot, he is not able to construct, that would be
considered a practical difficulty. The removal of trees here or there is not that much of a practical
difficulty, but if there are steep slopes, that may be an additional practical difficulty. A practical difficulty
is not simply because it makes sense.
Walsh commented it becomes a slippery slope, and that they had one application on Crystal Bay Road
where having a washer and dryer on the bottom floor was an issue, but it did not prevent them from
enjoying their property. If the applicant does not want to wait for the City to review the Code and wants
to build another structure, he can do that, but if he waits, he can build it exactly where he wants to.
Crosby stated in his view the accessibility is the issue.
Johnson asked if Staff told the applicant they would not support the proposal and why he brought it
forward.
Johnsrud stated he decided to go through the channels and come before the City Council. The Planning
Commission vote was 4-3 and there was actually quite a long discussion about the whole process at the
Planning Commission. One of the comments was, this makes no sense, which is similar to the
conversation the Council has already had.
Johnson stated he would like to approve it but that he does see where the City has its own minutia that
prevents them from using logic sometimes.
Walsh stated the Council should give direction to Staff on how the code should be changed.
Page 17 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Printup moved to deny and move forward with the code review.
Barnhrat stated he would prefer two motions. One would be in response to this application and then a
motion to review the Code.
Walsh moved to direct Staff to draft a resolution denying Application No. LA19-000027, Mike
Johnsrud, 135 Luce Line Ridge, and to direct Staff to bring the issue about the code forward at the
next City Council meeting.
Crosby stated he would not support Council Member Printup's motion to deny.
Walsh stated if they change the code, the applicant does not need to come before the City Council again.
Seals seconded the above motion. VOTE: Ayes 5, Nays 0.
Barnhart asked if the motion was to deny.
Walsh stated to deny the variance and to bring the discussion about the code to the next meeting.
Barnhart noted at the next meeting, a resolution for denial will be presented, and then Staff will provide
background on accessory structures.
15. LA19-000044 CITY OF ORONO ADOPTION OF 2020-2040 COMMUNITY
MANAGEMENT PLAN — RESOLUTION NO. 6991
Barnhart noted the draft resolution approving adoption of the Community Management Plan does not
reflect recent conversations the City Council has had regarding the property at the northwest corner of
Willow and Wayzata Boulevard and also the fire station. The City Council has a couple of options. They
can do nothing with the Comprehensive Plan and direct Staff to make changes or they can approve the
plan and direct Staff to make changes. The Council can also approve the plan and make no changes.
Walsh stated in his view the Council should approve the plan and then have future discuss whether any
changes are necessary.
Johnson stated there was very little discussion about the fire station property.
Walsh stated they need to have more conversation about that and the density units the City is required to
have. The City can continue to develop that as they go forward and that the plan can always be amended.
Printup moved, Seals seconded, to adopt RESOLUTION NO. 6991, a Resolution Adopting the
2020-2040 City of Orono Community Management Plan. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Johnson moved, Walsh seconded, to discuss amending the City's ordinance to allow docks as an
accessory structure on a vacant lot without a primary structure.
Page 18 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Crosby stated he would be in favor of discussing it but at this time he is probably not in favor of changing
it.
Seals stated having that discussion would be good, but the Council needs to be really conscious about
what Pandora's Box will be open.
Walsh stated they can see what other cities do and why they do it.
Johnson noted there were two complaints the City received where they have a multi -million -dollar lot
without a house and they were told they had to remove their dock. There were also some people that
were allowed to put in a dock because they have started framing their house, so there is some ambiguity.
Johnson stated they need to discuss why, if someone owns a lot, why can they not put up a dock.
VOTE: Ayes 5, Nays 0.
Johnson stated the conversation about the marina licenses has slowed down and that he and Council
Member Seals still have not received the summary of the City's marinas. Johnson stated the City should
be pushing forward on this conversation about the marina licenses since there are some legislative
changes coming forward clarifying who has jurisdiction.
Barnhart indicated he should have the information to them by the end of this week.
Rief noted it is scheduled to be discussed at a special work session on July 8.
Crosby commented he will be celebrating his 28t' wedding anniversary next week.
Seals noted school is out, which is exciting for the kids.
Printup reported the Orono Police Department received some positive national recognition this past week.
Walsh stated the Police Department has received hundreds of e-mails and comments on Fox News
website about the police dog recognition and police officer recognition.
CITY ADMINISTRATOR REPORT
Rief stated he also received a number of e-mail comments today regarding Officer Matt and his lawn
mowing. One of the comments that was received was as far away as Australia.
Rief reported he has reviewed all of the city roads that are under construction and that a couple of them
have been closed for drainage work. The residents should start seeing some progress soon with the roads
being built.
Rief stated he will be meeting with Police Chief Farniok, the Long Lake City Administrator, and Fire
Chief to do some joint training.
CITY ATTORNEY REPORT
City Attorney Mattick stated he had nothing to report.
Page 19 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
CLOSED MEETING
16. PERFORMANCE EVALUATION OF CITY ADMINISTRATOR
This meeting will be closed as permitted by Statute 13D.05, Subdivision 3(a), to evaluate the performance
of City Administrator Dustin Rief.
Printup moved, Crosby seconded, to adjourn the City Council meeting at 9:39 p.m., and to enter
into closed session. VOTE: Ayes 5, Nays 0.
(The City Council was in closed session from 9:39 p.m. to 10:48 p.m.)
ADJOURNMENT
Moved, seconded, to adjourn the Orono City Council meeting at 10:49 p.m. VOTE: Ayes 5, Nays
0.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Page 20 of 20
AGENDA ITEM
Item No.: 2
Item Description: Claims/Bills
Date: June 24, 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
112011 to 112090, totaling $541,719.02.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
#112024 Allweather Roof
$8,125.00
25% down payment for the roof replacement on the
Navarre Water Plant.
#112036 City of Long Lake
$201,049.49
Payment for the 2nd and Yd quarter fire service contract.
#112048 Ferguson Waterworks
$10,000.00
Payment for meter reading equipment in regards to the
water meter replacement project.
#112080 Quality Flow Systems
$22,380.00
Payment for lift station #1 ATS Panel, lift station #13
remodel and grinder station #9 remodel.
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:. tP—u Reviewed By:J'1JC Approved By: -Sbq6�
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 6/11/2019 - 6/24/2019 Jun 20, 2019 12:36PM
Total 112014
XCEL ENERGY
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
101-42110-381
Electric 4/23/19-5/22/19
Bridgewater Bank
06/14/2019
112011
BRUSH2019
101-10306
2019 Brush Site Change Fund
Total 112011:
06/14/2019
112015
640334845
101-43000-381
Electric 4/23/19-5/22/19
Gasterland, Jan
06/14/2019
112012
061119
101-22205
Escrow Refund 17-3972 1920 Shadywood Rd
Total 112012:
06/14/2019
112015
640334845
101-45200-381
Electric 4/23/19-5/22/19
Gustafson, Andrew
06/14/2019
112013
061019
101-39610
Refund Cash Holding
Total 112013:
06/14/2019
112015
640334845
602-49450-381
Electric 4/23/19-5/22/19
Nitzbert, Kevin
06/14/2019
112014
061319
101-22205
Escrow Refund LA18-000067 & RAS18-000058 121
Total 112014
XCEL ENERGY
06/14/2019
112015
640334845
101-41900-381
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
101-42110-381
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
101-42110-381
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
101-43000-381
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
101-43000-386
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
101-45200-381
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
601-49400-381
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
602-49450-381
Electric 4/23/19-5/22/19
XCEL ENERGY
06/14/2019
112015
640334845
101-45210-381
Electric 4/23/19-5/22/19
Total 112015:
A 1 ELECTRIC SERVICE OF WA
06/24/2019
112021
21485
101-45210-404
Golf Security Camera Electrical
A 1 ELECTRIC SERVICE OF WA
06/24/2019
112021
21486
101-43000-403
Light Fixture #121 Cty Rd 15
A 1 ELECTRIC SERVICE OF WA
06/24/2019
112021
21487
602-49450-406
Replace Breaker on Generator - LS #26
Total 112021
A La Carte Creative Group 06/24/2019 112022 40867 101-42110-352 PD/business cards
Total 112022:
Advance Auto Parts 06/24/2019 112023 6974-351727 601-49400-221 V -Belt & Oil Spout
Department Invoice
Amount
Central Services
511.38
Police Department
272.66
Police Department
25.46
Public Works Department
95.87
Public Works Department
1,663.73
Parks
30.41
Water
3,937.79
Sewer
1,887.64
Golf Course
215.31
8,640.25
Golf Course
911.69
Public Works Department
185.52
Sewer
3.466.53
Police Department
Water 44.06
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 6/11/2019 - 6/24/2019 Jun 20, 2019 12:36PM
Check Check Invoice Invoice GL Account
Payee Issue Date Number Number
Total 112023:
ALLWEATHER ROOF 06/24/2019 112024 55345
Total 112024:
BERGERSON CASWELL INC 06/24/2019 112025 39565T
Total 112025:
601-16500 Navarre WP Roof
601-49400-405 Well repair
Description
BIFFS INC
06/24/2019
112026
W718998 -RE
101-45200-415
Bederwood Park
BIFFS INC
06/24/2019
112026
W718999 -RE
101-45200-415
Summit Beach
BIFFS INC
06/24/2019
112026
W719000 -RE
101-45200-415
Hackberry Park
BIFFS INC
06/24/2019
112026
W719001 -RE
101-45210-415
Orono Golf Course
BIFFS INC
06/24/2019
112026
W719003 -RE
101-45200-415
Navarre Playground
BIFFS INC
06/24/2019
112026
W719004 -RE
101-45200-415
French Creek Preserve
BIFFS INC
06/24/2019
112026
W719005 -RE
101-45200-415
Lurton Park
BIFFS INC
06/24/2019
112026
W719006 -RE
101-45200-415
Brush Site
Total 112026:
BOLTON & MENK INC.
06/24/2019
112027
0232746-A
651-49910-304
2019 Misc Drainage
BOLTON & MENK INC.
06/24/2019
112027
0232750-A
435-48972-304
2019 Street Improvements
BOLTON & MENK INC.
06/24/2019
112027
0233843
435-48971-304
2018 Street Improvements 18-019
BOLTON & MENK INC.
06/24/2019
112027
0233844
101-43280-304
Southways Development 18-3999
BOLTON & MENK INC.
06/24/2019
112027
0233845
101-43280-304
LA18-000034 2635 Kelly Parkway
BOLTON & MENK INC.
06/24/2019
112027
0233846
101-43280-304
16-3858 Crystal Bay Estates
BOLTON & MENK INC.
06/24/2019
112027
0233847
101-43280-304
18-3996 825 Old Crystal Bay Rd
BOLTON & MENK INC.
06/24/2019
112027
0233848
101-43280-304
15-3739 Mooney Lake Preserve
BOLTON & MENK INC.
06/24/2019
112027
0233849
101-43280-304
LA18-000062 387 Orono Orchard Rd
BOLTON & MENK INC.
06/24/2019
112027
0233850
101-43280-304
16-3868 Shadywood Villas
BOLTON & MENK INC.
06/24/2019
112027
0233851
101-43280-304
LA18-000072 2709 Walters Port Lane
BOLTON & MENK INC.
06/24/2019
112027
0233852
651-16500
2019 Drainage Improvements 19-029
BOLTON & MENK INC.
06/24/2019
112027
0233853
602-49450-305
GIS Updates
BOLTON & MENK INC.
06/24/2019
112027
0233853
601-49400-304
GIS Updates
BOLTON & MENK INC.
06/24/2019
112027
0233853
651-49910-305
GIS Updates
BOLTON & MENK INC.
06/24/2019
112027
0233853
101-43170-305
GIS Updates
BOLTON & MENK INC.
06/24/2019
112027
0233854
101-43280-304
CP19-000001 Grinder Station - Sr Housing
BOLTON & MENK INC.
06/24/2019
112027
0233854
602-16500
Manhole Rehab 19-013
Department Invoice
Amount
Water
Parks
Parks
Parks
Golf Course
Parks
Parks
Parks
Parks
Storm Water
Special Services
Special Services
Special Services
Special Services
Special Services
Special Services
Special Services
Special Services
Sewer
Water
Storm Water
Engineering
Special Services
44.06
8,125.00
8,125.00
625.00
625.00
164.00
133.00
96.50
164.00
66.50
66.50
921.00
4,695.00-
1,558.00
590.00
413.00
59.00
59.00
59.00
1,344.00
59.00
256.00
4,619.00
440.00
220.00
2,200.00
697.00
370.00
370.00
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 6/11/2019 - 6/24/2019 Jun 20, 2019 12:36PM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
BOLTON & MENK INC.
06/24/2019
112027
0233854
651-49910-305
MS4
Storm Water
300.00
BOLTON & MENK INC.
06/24/2019
112027
0233854
101-43170-304
Review for City Admin
Engineering
60.00
BOLTON & MENK INC.
06/24/2019
112027
0233855
651-49910-304
2019 Pond & Drainage Area Study 19-027
Storm Water
4,352.00
BOLTON & MENK INC.
06/24/2019
112027
0233865
435-48972-304
2019 Street Improvements 19-001
Mayor & Council
13,546.50
BOLTON & MENK INC.
06/24/2019
112027
0233867
225-45200-304
Bederwood Park Improvement 19-032
Golf Course
1,110.00
BOLTON & MENK INC.
06/24/2019
112027
0233868
602-16500
CR 15 & 19 Reconstruct 19-021
Police Department
80.00
BOLTON & MENK INC.
06/24/2019
112027
0233868
601-16500
CR 15 & 19 Reconstruct 19-021
Golf Course
80.00
BOLTON & MENK INC.
06/24/2019
112027
0233869
402-48055-304
OCB Project 18-021
OCB Road Reconstruction
1,203.00
BOLTON & MENK INC.
06/24/2019
112027
0233870
651-16500
Old Long Lake Ravine 18-013
Parks
846.00 -
BOLTON & MENK INC.
06/24/2019
112027
0233884
101-43280-304
Orono Preserve
Special Services
649.00
BOLTON & MENK INC.
06/24/2019
112027
0233888
101-43280-304
Lakeview Addition 15-3723
Special Services
59.00
Total 112027:
BOND TRUST SERVICES CORP 06/24/2019 112028 50850
BOND TRUST SERVICES CORP 06/24/2019 112028 50851
Total 112028:
321-47000-620 GO Series 2010AAgent Fees
323-47000-620 GO Series 2016A Agent Fees
28,955.50
475.00
475.00
950.00
CARDMEMBER SERVICE
06/24/2019
112029
050319-1
101-42110-437
PLEAA Lodging for K. Herzog
Police Department
325.00
CARDMEMBER SERVICE
06/24/2019
112029
051319-1
101-41110-439
WS Food 5/13/19
Mayor & Council
66.63
CARDMEMBER SERVICE
06/24/2019
112029
051319-2
101-41110-439
Cookies for CC meeting 5/13/19
Mayor & Council
4.99
CARDMEMBER SERVICE
06/24/2019
112029
052819
101-41110-439
Cookies for CC meeting 5/28/19
Mayor & Council
6.99
CARDMEMBER SERVICE
06/24/2019
112029
060319-1
101-45210-489
Registration for New Golf Trailer
Golf Course
115.81
CARDMEMBER SERVICE
06/24/2019
112029
060519
101-42110-441
Permit to Purchase Cards
Police Department
112.50
CARDMEMBER SERVICE
06/24/2019
112029
060619
101-45210-404
Pond Filter Screen
Golf Course
44.90
CARDMEMBER SERVICE
06/24/2019
112029
060619-1
101-45200-225
Signs and Posts for Parks
Parks
1,736.43
CARDMEMBER SERVICE
06/24/2019
112029
060719
101-45200-225
Landscaping Material for Park Commission
Parks
1,094.48
CARDMEMBER SERVICE
06/24/2019
112029
060719-1
101-45200-225
Tree Purchase & Install/Warantee - Lurton park
Parks
1,376.00
CARDMEMBER SERVICE
06/24/2019
112029
060719-2
101-42110-402
Car wash for Squad #235
Police Department
10.00
CARDMEMBER SERVICE
06/24/2019
112029
061019
101-41110-439
CC Cookies 6/10/19
Mayor & Council
5.99
CARDMEMBER SERVICE
06/24/2019
112029
061019-1
101-42110-221
Blank DVDs for Squad Video
Police Department
51.26
CARDMEMBER SERVICE
06/24/2019
112029
061119
101-19999
Reimbursement - J. Werder
5.37
CARDMEMBER SERVICE
06/24/2019
112029
061119-1
101-45200-225
Refund for Returning Items
Parks
79.80-
CARDMEMBER SERVICE
06/24/2019
112029
061219
101-42110-439
Joint Mtg PD & Fire, City Admin Orono & LL
Police Department
79.74
CARDMEMBER SERVICE
06/24/2019
112029
061319
101-42110-228
For Shooting - Multiple Targets
Police Department
600.83
CARDMEMBER SERVICE
06/24/2019
112029
061419
101-42110-402
Carwash for #261
Police Department
13.00
CARDMEMBER SERVICE
06/24/2019
112029
061419-1
101-45210-094
Golf Course Ice
Golf Course
14.97
CARDMEMBER SERVICE
06/24/2019
112029
061919
101-42110-439
Police Commission Mtg Items
Police Department
10.86
CARDMEMBER SERVICE
06/24/2019
112029
061919-1
101-42110-321
Case for Phone - C. Farniok
Police Department
23.63
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 6/11/2019 - 6/24/2019
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
Total 112029:
GEMSTONE
06/24/2019
112030
C2032129
602-49450-406
Air Entrainment Admixture LS13, GS9
Total 112030:
Century Link
06/24/2019
112031
060419
601-49400-321
Water Plant Phone/Internet 6/4-7/3/19
Total 112031:
Centuryl-ink
06/24/2019
112032
1469981114
614-49840-329
Internet 5/6/19-6/7/19
Total 112032:
CHUNKS LAKESHORE AUTO
06/24/2019
112033
0016773
101-42110-402
#254 service
CHUNKS LAKESHORE AUTO
06/24/2019
112033
0016785
101-42110-402
#245 Service
Total 112033:
CINTAS CORPORATION
06/24/2019
112034
12454829
101-43000-226
Uniform
CINTAS CORPORATION
06/24/2019
112034
4023501929
101-43000-226
Uniform
CINTAS CORPORATION
06/24/2019
112034
4023501929
101-43000-221
Shop Towels
CINTAS CORPORATION
06/24/2019
112034
4023501935
101-45210-404
Mat Service - GC
CINTAS CORPORATION
06/24/2019
112034
4023644527
101-41900-404
Mat Service - CH
CINTAS CORPORATION
06/24/2019
112034
4023644536
101-41900-404
Mats/Air Service - City Hall
CINTAS CORPORATION
06/24/2019
112034
4023983411
101-43000-226
Uniform
CINTAS CORPORATION
06/24/2019
112034
4023983411
101-43000-221
Shop Towels
Total 112034:
CITY OF BLOOMINGTON
06/24/2019
112035
1900139
601-49400-489
Bacterial Water Testing
Total 112035:
CITY OF LONG LAKE
06/24/2019
112036
00201462
101-42260-318
2nd Qtr 2019 Fire Service
CITY OF LONG LAKE
06/24/2019
112036
00201463
101-42260-318
3rd Qtr 2019 Fire Service
Total 112036:
Department
Sewer
Water
Cable Franchise
Police Department
Police Department
Public Works Department
Public Works Department
Public Works Department
Golf Course
Central Services
Central Services
Public Works Department
Public Works Department
Water
Fire Protection Services
Fire Protection Services
Page: 4
Jun 20, 2019 12:36PM
Invoice
5,619.58
339.50
339.50
126.95
126.95
1,051.27
1,051.27
125.45
128.86
254.31
60.84
2.63
5.16
10.80
21.92
60.84
2.63
100,524.74
City of Orono
72.50
Water
72.50
Check Register - COUNCIL REPORT
Water
2,575.74
Water
206.63
Water
Check Issue Dates: 6/11/2019 - 6/24/2019
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
826.24
Police Department
COMMERCIAL ASPHALT
06/24/2019
112037
190531
101-43000-224
2019 Road Patching 19-009
Total 112037:
Building & Zoning
41.72
Building & Zoning
74.50
CONTINENTAL RESEARCH CO
06/24/2019
112038
478667 -CRC
101-43000-226
Ivy Shields
CONTINENTAL RESEARCH CO
06/24/2019
112038
478667 -CRC
601-49400-226
Ivy Shields
Total 112038:
CORE & MAIN
06/24/2019
112039
K605401
601-49400-227
Water Valve Parts Task 29706
CORE & MAIN
06/24/2019
112039
K656963
601-49400-227
Hydrant Parts
CORE & MAIN
06/24/2019
112039
K657068
601-49400-227
Hydrant Oil
Total 112039:
CULLIGAN
06/24/2019
112040
053119
101-45210-415
Softener Service 4/22-5/31/19
Total 112040:
CUMMINS NPOWER LLC
06/24/2019
112041
E4-98432
602-49450-406
Repair Generator LS #32 Task 29598
Total 112041:
DOCK & LIFT INC
06/24/2019
112042
340807
101-42110-550
New Squads Battery Maintainer
Total 112042:
DPC INDUSTRIES
06/24/2019
112043
DE82000062
601-49400-216
Chlorine
Total 112043:
ECM PUBLISHERS INC
06/24/2019
112044
692153
101-42400-340
Public Hearing - May
ECM PUBLISHERS INC
06/24/2019
112044
700171
101-42400-340
Public Hearing - June
Total 112044:
Emery's Tree Service, Inc.
06/24/2019
112045
22522
651-16500
2018 Drainage Improvement 18-016
Total 112045:
Page: 5
Jun 20, 2019 12:36PM
Department Invoice
Amount
Public Works Department 932.43
Public Works Department
72.50
Water
72.50
145.00
Water
2,575.74
Water
206.63
Water
186.34
2,968.71
Golf Course
8.68
8.68
Sewer
826.24
826.24
Police Department
193.00
193.00
Water
10.00
10.00
Building & Zoning
41.72
Building & Zoning
74.50
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 6/11/2019 - 6/24/2019 Jun 20, 2019 12:36PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
ESS BROTHERS & SONS
06/24/2019
112046
ZZ2674
602-49450-406
3030 Casco Pt Manhole
Sewer
150.00
Total 112046:
150.00
FASTENAL
06/24/2019
112047
MNPLY11553
651-49910-227
White Marking Paint
Storm Water
24.42
Total 112047:
24.42
FERGUSON WATERWORKS #25
06/24/2019
112048
0323957
601-16500
Water Meter Replacement 19-026
10,000.00
Total 112048:
10,000.00
GENUINE PARTS COMPANY/NA
06/24/2019
112049
3270-440367
601-49400-240
Hydrants Driver
Water
10.07
GENUINE PARTS COMPANY/NA
06/24/2019
112049
3270-440681
601-49400-240
Hydrants
Water
1.99
Total 112049:
12.06
GOPHER ACE
06/24/2019
112050
8522443
602-49450-403
For Magnet
Sewer
5.78
GOPHERACE
06/24/2019
112050
A55299
601-49400-201
Batteries
Water
15.99
Total 112050:
21.77
GOPHER STATE ONE CALL
06/24/2019
112051
9050649
601-49400-489
locates
Water
436.73
GOPHER STATE ONE CALL
06/24/2019
112051
9050649
602-49450-489
locates
Sewer
436.72
Total 112051:
873.45
GROUP HEALTH INC
06/24/2019
112052
W816032
101-42110-135
EAP health for 05/2019
Police Department
10.00
Total 112052:
10.00
HEALTH PARTNERS
06/24/2019
112053
90235392
101-42110-135
Health Insurance 7/2019
Police Department
654.50
HEALTH PARTNERS
06/24/2019
112053
90235392
101-15998
Health Insurance 7/2019
3,660.00
HEALTH PARTNERS
06/24/2019
112053
90235392
101-21706
Health Insurance 7/2019
48,425.00
Total 112053:
52,739.50
HENNEPIN COUNTY INFOR TE
06/24/2019
112054
1000131589
710-49970-401
Network Support 6-2019
58.00
HENNEPIN COUNTY INFOR TE
06/24/2019
112054
1000131669
101-42110-414
PD Radio Communication -5/19
Police Department
2,232.79
HENNEPIN COUNTY INFOR TE
06/24/2019
112054
1000131700
101-43000-414
PW Radios 5/19
Public Works Department
195.57
City of Orono
Invoice
Amount
2,486.36
Law/Legal Services
Check Register - COUNCIL REPORT
300.00
Administration
240.00
Administration
Check Issue Dates: 6/11/2019 - 6/24/2019
Building & Zoning
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
138.66
Golf Course
418.60
418.60
Central Services
1,032.00
Total 112054:
193.50
193.50
Police Department
HENNEPIN COUNTY SHERIFF
06/24/2019
112055
1000131771
101-41600-309
Jail Charges-May/2019
Total 112055:
JACKIE YOUNG
06/24/2019
112056
053019
101-41300-319
CC Meeting 5/13/19
JACKIE YOUNG
06/24/2019
112056
053019
101-41300-319
CC Meeting 5/28/19
JACKIE YOUNG
06/24/2019
112056
053019
101-42400-319
PC Meeting 5/20/19
JACKIE YOUNG
06/24/2019
112056
053019
101-45200-319
PC Meeting 5/6/19
Total 112056:
JEREMY BARNHART
06/24/2019
112057
060619
101-42400-331
Mileage & Parking Reimbursement
Total 112057:
JJ TAYLOR DIST LF MN
06/24/2019
112058
060619
101-45210-091
beer for resale -GC
Total 112058:
JOHNSON CONTROLS FIRE PR
06/24/2019
112059
84447328
101-41900-404
CH Dry Sprinkler System task 14775
Total 112059:
KENNETH N POTTS PA
06/24/2019
112060
061119
231-45650-307
Prosecution Forfeiture
Total 112060:
KYLE KIRSCHNER
06/24/2019
112061
061319
101-42110-317
Xerxes Food
Total 112061:
LAKESCAPE LLC
06/24/2019
112062
423
101-45200-404
Beach weed removal
Total 112062:
LEAGUE OF MN CITIES
06/24/2019
112063
060419
703-49960-151
2019 2nd Half WC Premium
LEAGUE OF MN CITIES
06/24/2019
112063
061419
703-49960-361
2019 Property/Casualty Insurance
Page: 7
Jun 20, 2019 12:36PM
Department
Invoice
Amount
2,486.36
Law/Legal Services
300.00
300.00
Administration
240.00
Administration
100.00
Building & Zoning
190.00
Parks
100.00
630.00
Building & Zoning
138.66
138.66
Golf Course
418.60
418.60
Central Services
1,032.00
1,032.00
193.50
193.50
Police Department
90.82
90.82
Parks
674.68
64,414.00
38,638.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 6/11/2019 - 6/24/2019
Page: 8
Jun 20, 2019 12:36PM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
Water
562.93
Police Department
3,120.08
Administration
146.04
146.04
Total 112063:
19.97
MacMILLAN WALLACE & ATHAN
06/24/2019
112064
3920-1
101-41600-306
Edwards Matter
Total 112064:
MANSFIELD OIL COMPANY
06/24/2019
112065
21323456
101-42110-212
Unleaded Fuel
MANSFIELD OIL COMPANY
06/24/2019
112065
21323457
701-49800-212
Diesel Fuel
MANSFIELD OIL COMPANY
06/24/2019
112065
21327033
101-42110-212
Unleaded Fuel
MANSFIELD OIL COMPANY
06/24/2019
112065
21327034
701-49800-212
Diesel Fuel
Total 112065:
MET COUNCIL ENVIRONMENTA
06/24/2019
112066
1096960
602-49450-383
Wastewater Charges 7/2019
Total 112066:
Metro Sales Inc
06/24/2019
112067
INV1363927
710-49970-401
B&Z Copiers 6/19-9/18/19
Metro Sales Inc
06/24/2019
112067
INV1363928
710-49970-401
Copiers 6/19-9/18/19
Total 112067:
MINNEAPOLIS OXYGEN COMPA
06/24/2019
112068
00043257
701-49800-222
Oxygen & Acetylene
MINNEAPOLIS OXYGEN COMPA
06/24/2019
112068
00043258
101-42110-221
Medical Oxygen
MINNEAPOLIS OXYGEN COMPA
06/24/2019
112068
00043259
101-42110-221
Medical Oxygen
MINNEAPOLIS OXYGEN COMPA
06/24/2019
112068
20108189
101-42110-221
Medical Oxygen
Total 112068:
MINNESOTA EQUIPMENT
06/24/2019
112069
P80976
602-49450-240
Cutting Wheel
MINNESOTA EQUIPMENT
06/24/2019
112069
P80976
601-49400-240
Cutting Wheel
Total 112069:
MN CITY COUNTY MGMT ASSO
06/24/2019
112070
D RIEF 2019
101-41300-433
19/20-Membership-MCMA-D. Rief
Total 112070:
MOUND TRUE VALUE
06/24/2019
112071
160785
101-42110-240
Tools & Lithium Battery
Page: 8
Jun 20, 2019 12:36PM
Department
Invoice
Amount
Police Department
103,052.00
Law/Legal Services
219.20
219.20
Police Department
759.44
Water
562.93
Police Department
3,120.08
Sewer
297.94
653.01
Police Department
51.15
Police Department
7.13
Police Department
106.50
195.47
Sewer
99.98
Water
99.97
199.95
Administration
146.04
146.04
Police Department
19.97
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 6/11/2019 - 6/24/2019
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
MOUND TRUE VALUE
06/24/2019
112071
160831
101-42110-240
UPS Shipping & Lath Bundle
MOUND TRUE VALUE
06/24/2019
112071
161101
101-42110-240
Stool
MOUND TRUE VALUE
06/24/2019
112071
161101
101-42110-226
Gloves
Total 112071:
NAVARRE HARDWARE
06/24/2019
112072
317821
601-49400-221
Furnace Filter, WetDry Vac
NAVARRE HARDWARE
06/24/2019
112072
317829
601-49400-223
Wire Hooks
NAVARRE HARDWARE
06/24/2019
112072
318020
101-45210-201
GC Office Supplies
NAVARRE HARDWARE
06/24/2019
112072
318021
101-45210-223
Herbicide - GC
NAVARRE HARDWARE
06/24/2019
112072
318144
602-49450-221
GS #10 Seal Light
Total 112072:
NORTH MEMORIAL
06/24/2019
112073
053119
101-42110-437
EMR Refresher - 6 Officers
Total 112073:
NOVA COMMUNICATIONS
06/24/2019
112074
131657
101-41900-401
Record CH Night and Summer Message
Total 112074:
O SULLIVANS HOLIDAY 546
06/24/2019
112075
053119
101-42110-402
05/19 Car Washes
Total 112075:
O SULLIVANS HOLIDAY 547
06/24/2019
112076
053119
101-42110-402
05/19 Car Washes
Total 112076:
OFFICE DEPOT
06/24/2019
112077
3192210250
101-41900-201
Office Supplies
OFFICE DEPOT
06/24/2019
112077
3194587250
101-41900-201
Office Supplies - Toner & Manila Folder
OFFICE DEPOT
06/24/2019
112077
3292004880
101-42110-201
Office Supplies - PD
OFFICE DEPOT
06/24/2019
112077
3292015860
101-42110-201
Office Supplies - PD
Total 112077:
PLUNKETT S
06/24/2019
112078
6297493
101-41900-404
City Hall Pest Control
Department
Police Department
Police Department
Police Department
Water
Water
Golf Course
Golf Course
Sewer
Police Department
Central Services
Police Department
Police Department
Central Services
Central Services
Police Department
Police Department
Central Services
Page: 9
Jun 20, 2019 12:36PM
Invoice
Amount
35.48
39.99
8.49
5.99
9.97
7.99
14.28
770.00
45.00
45.00
121.00
121.00
230.67
230.67
144.96
64.94
141.09
21.39
372.38
232.54
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 6/11/2019 - 6/24/2019 Jun 20, 2019 12:36PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 112078:
232.54
Premium Waters Inc
06/24/2019
112079
850551-05-1
101-42110-404
Spring Water
Police Department
100.01
Total 112079:
100.01
QUALITY FLOW SYSTEMS INC
06/24/2019
112080
37116
602-16500
LS #1 ATS Panel
4,780.00
QUALITY FLOW SYSTEMS INC
06/24/2019
112080
37175
602-16500
LS #13 Remodel
8,800.00
QUALITY FLOW SYSTEMS INC
06/24/2019
112080
37176
602-16500
GS #9 Remodel
8,800.00
Total 112080:
22,380.00
Reed Wholesale & OCS
06/24/2019
112081
9598
101-45210-094
Concessions Resale -GC
Golf Course
314.31
Total 112081:
314.31
Riverside Design
06/24/2019
112082
1276
101-45200-225
Dog Days Postcards
Parks
273.00
Riverside Design
06/24/2019
112082
1282
101-42110-352
No Parking Signs
Police Department
125.99
Total 112082:
398.99
SiteOne Landscape Supply
06/24/2019
112083
92098851-00
101-41900-223
Irrigation Repair - CH
Central Services
6.19
SiteOne Landscape Supply
06/24/2019
112083
92102636-00
101-41900-223
Irrigation Repair - CH
Central Services
1.74
Total 112083:
7.93
STAR TRIBUNE
06/24/2019
112084
062619
101-41300-208
6/26/19 - 9/25/19 - Subscription acct 1913693
Administration
58.24
Total 112084:
58.24
STREICHERS POLICE EQUIP
06/24/2019
112085
CM282630
101-42110-550
Squad 253 Build
Police Department
799.99-
STREICHERS POLICE EQUIP
06/24/2019
112085
11366856
101-42110-226
Cuff/Mag Holder
Police Department
46.99
STREICHERS POLICE EQUIP
06/24/2019
112085
11369399
101-42110-226
Boot, Pants, Belt
Police Department
326.90
STREICHERS POLICE EQUIP
06/24/2019
112085
11370460
101-42110-550
Squad 253 Build
Police Department
2,125.92
STREICHERS POLICE EQUIP
06/24/2019
112085
11370465
101-42110-550
Squad #248 Side Mirror Beam and Mirror Mount
Police Department
299.99
STREICHERS POLICE EQUIP
06/24/2019
112085
11370466
101-42110-550
Squad #244 1/0 Board Replacement
Police Department
525.00
STREICHERS POLICE EQUIP
06/24/2019
112085
11370468
101-42110-550
Squad #261 Build-up
Police Department
3,248.90
STREICHERS POLICE EQUIP
06/24/2019
112085
11370522
101-42110-226
Polo Shirts
Police Department
79.98
STREICHERS POLICE EQUIP
06/24/2019
112085
11371513
101-42110-226
Uniform, Battery Stick, Boots, Key Holder
Police Department
234.97
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 6/11/2019 - 6/24/2019
Department
Sewer
Police Department
Public Works Department
Parks
Golf Course
Page: 11
Jun 20, 2019 12:36PM
Invoice
Amount
6,088.66
140.85
140.85
12,132.45
12,132.45
26.61
26.61
1,729.20
1,729.20
154.88
28.02
40.76
223.66
541,719.02
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
Total 112085:
THE HOME DEPOT
06/24/2019
112086
8312917
602-49450-406
Rebar & Rebar Ties for LS #1 / GS #9
Total 112086:
WASTE MANAGEMENT RECYC
06/24/2019
112087
0055473-280
603-49500-316
Recycling 06/2019
Total 112087:
WAYZATA BAY CAR WASH
06/24/2019
112088
1494
101-42110-402
#261 Car Wash & 256
Total 112088:
WESTSIDE WHOLESALE TIRE
06/24/2019
112089
836592
701-49800-403
Backhoe Tire Task 29919
Total 112089:
Wright -Hennepin Coop Electric
06/24/2019
112090
3502725969
101-43000-386
Electical Service 5/1/19-6/1/19
Wright -Hennepin Coop Electric
06/24/2019
112090
3502725969
101-45200-381
Brush Site 5/1/19-6/1/19
Wright -Hennepin Coop Electric
06/24/2019
112090
3502725969
101-45210-319
GC Security 7/1-7/30/19
Total 112090:
Grand Totals:
Department
Sewer
Police Department
Public Works Department
Parks
Golf Course
Page: 11
Jun 20, 2019 12:36PM
Invoice
Amount
6,088.66
140.85
140.85
12,132.45
12,132.45
26.61
26.61
1,729.20
1,729.20
154.88
28.02
40.76
223.66
541,719.02
AGENDA ITEM
Item No. 3 Date: June 24, 2019
Item Description: Approval of 2019 Kennel License
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to approve the 2019 Kennel Licenses.
2019 ANNUAL KENNEL LICENSE RENEWAL — APPLICANT
RESIDENTIAL KENNEL LICENSE
• William Dwarsky
1250 Lyman Ave
2. Staff Recommendation. The kennel license applicant listed above has met the requirements and
submitted a complete application. Staff recommends approval of the 2019 residential kennel license
application.
COUNCIL ACTION REQUESTED
Motion to approve the above listed Kennel license for 2019.
Prepared By: AMC
Reviewed By: AMC
Approved By: -19
AGENDA ITEM
Item No.: 4 Date: June 24, 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 June 24, 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 June 24, 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 June 24, 2019 to
December 31, 2019.
Exhibits
A. Listing of Rental Licenses
Prepared By: AMC
Reviewed By: AMC
Approved By: -192
Exhibit A
City Council
2019 Rental Licenses
License#
Licensee
Total License Fees
RL19-000011
Donald Haberman
100
AGENDA ITEM
Item No.:
Date: June 24, 2019
Item Description: Approval of Garbage Hauler Licenses
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to approve the Garbage Hauler Licenses for the
license period of June 1, 2019 to May 31, 2020.
2. Staff Recommendation. Staff recommends approval of the Garbage Hauler licenses as listed in
Exhibit A for the license period of June 1, 2019 to May 31, 2020. The Garbage Hauler License
Applicants in Exhibit A have submitted all of the requested documents and have met all
requirements.
COUNCIL ACTION REQUESTED
Motion to approve the Garbage Hauler licenses listed in Exhibit A for the license period of June 1, 2019
to May 31, 2020.
Exhibits
Exhibit A. Listing of Garbage Hauler Licenses
Prepared By: AMC
Reviewed By: AMC
Approved By: -192
Exhibit A
Garbage Hauler
License Applicant
License#
Business Name
Payment Amount
GH19-000006
Blackowiak
135
AGENDA ITEM
Item No.
Date: June 19, 2019
Item Description: Approval of Lawful Gambling License — Corvair Preservation
Foundation
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to approve the Gambling Permit for Corvair
Preservation Foundation.
2. Background. The Corvair Preservation Foundation is planning to host a Covair car raffle on May
20, 2020. Orono City code requires City Council to approve Gambling permits by resolution.
3. Recommendation. The Applicants have submitted all the requested documents and have met all
requirements.. Staff recommends approval of the gambling permit.
COUNCIL ACTION REQUESTED
Motion to approve the Gambling Permit for Corvair Preservation Foundation for their raffle event to be
held on May 20, 2020.
Exhibits
A. Resolution
Prepared By: AMC
Reviewed By: AMC
Approved By: -�bq6�
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION APPROVING THE
MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT
OF THE CORVAIR PRESERVATION FOUNDATION FOR
A ONE DAY GAMBLING PERMIT
WHEREAS, the Corvair Preservation Foundation has submitted an application to
conduct lawful gambling activities; and
WHEREAS, the Corvair Preservation Foundation has proposed to conduct a one
day gambling activity (raffle) as part of its fundraising activities on Friday, May 15, 2020; and
WHEREAS, the Corvair Preservation Foundation is required to obtain approval
of the one day gambling activity from the city in which the activity will occur; and
WHEREAS, the City of Orono has no objection to the conduct of lawful
gambling by the applicant, in accordance with law, at the designated location.
NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does
hereby approve the application of the Corvair Preservation Foundation to conduct a one day
gambling activity (Raffle) at the CORSA Club Office, 105 Cygnet Place, on May 15, 2020.
Adopted at a regular meeting of the Orono City Council this 24th day of June
2019.
ATTEST:
Anna Carlson, City Cleric
Dennis Walsh, Mayor
Item No.: 7
Date: June 24, 2019
Item Description: LAI 9-000027 — Mike Johnsrud, 135 Luce Line Ridge — Resolution
Presenter: Laura Oakden Agenda Consent Agenda
Planner Section:
1. Purpose. To approve a resolution formally denying the application that would allow 1,432
square foot accessory structure.
2. Background. The Council denied the variance at their meeting on June 10, 2019 and directed
staff to prepare a resolution. The property is permitted to have one oversized accessory building
not to exceed 1,200 square feet. The existing detached building was built in 2017. The property
owner is requesting to add a 280 square foot addition to the existing 1,152 square foot building
creating a 1,432 sq.ft building. This would be 232 sq.ft over the allowed 1,200 sq.ft footprint.
The Council directed staff to review the accessory structure size regulations, that discussion is
slated for the July 22, 2019 workshop.
3. Staff Recommendation. Staff recommends the Council adopt the resolution as drafted.
COUNCIL ACTION REQUESTED
City Council should review the approval resolution and adopt or amend.
Exhibits
A. Draft Resolution
B. CC staff report 6-10-19
C. CC minutes, draft
References (from PC packet)
PC Packet dated 1-22-19
CC Packet dated 2-11-19
Prepared By: LLo
Reviewed By: J. Barnhart
Approved By: -T)a
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
DENYING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1435
FILE NO.LA19-000027
WHEREAS, on April 25, 2019, Mike Johnsrud ("Applicant"), applied for a variance
from the City Code for the property addressed 135 Luce Line Ridge and legally described as:
Lot 5, Block 1, Painters Creek(hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1435 to allow a 1,432 square foot accessory
building, 232 square feet over the allowed maximum size; and
WHEREAS, on May 20, 2019, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all
persons desiring to be heard concerning this application were given the opportunity to speak
thereon; and
WHEREAS, on May 20, 2019, the Planning Commission recommended approval
of the variance; and
WHEREAS, on June 10, 2019, the City Council directed preparation of findings for
denial of the variance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby denies the requested variance as described above based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA19-000027. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2. The Property is located in the RR -1A/ PRD Zoning District.
3. The Property contains 2.68 acres in area and has a defined lot width of 278 feet.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. Applicant has applied for the following variance[s]:
a. Exceed the maximum size for an oversized accessory structure.
5. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
applicant has stated their intent is to add to an already existing oversized accessory
building (OAB) instead of building a new separate building. The request does not
meet the intent of the ordinance to limit the sizing of OAB based on lot size, creating
too much mass in a single residential structure.
2. The variance is consistent with the comprehensive plan. Oversize Accessory buildings
are permitted and are consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The request to permit construction of the
larger than permitted OAB does not appear to be reasonable as there is
adequate space within the property to construct additional accessory
buildings.
b. There are circumstances unique to the property not created by the landowner;
While there is some topography to the lot, these does not create
circumstances sufficient to support uniqueness and practical difficulty. The
desire to build an addition versus a second accessory building is a condition
established by the applicant. and
c. The variance will not alter the essential character of the locality. The variance
would allow a larger accessory building, which can have the effect of
additional massing in the residential area.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. The applicant has
stated that economic considerations have been a factor as well as environmental
and neighborly goals.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as the use for an Oversize Accessory
Structure is an allowed use in the PRD/ RR -1A District.
7. The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. No special conditions apply to allow for a
larger oversize accessory building then what is permitted.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The subject lot is conforming, and consistent with neighboring properties.
The applicant has not shown unique conditions applicable to the request.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The rights of the property owner are maintain
through the use of the principal residential structure and the accessory building. The
desire to make a larger than permissible accessory building is not a protected right.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter. The applicant
states allowing the variance will increase safety and health for the applicant
because they won't have to worry about their possessions. The applicant's
statement can be met by also following the City Code preventing the need for a
variance.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The applicant has stated they need the
addition to allow for trailer storage due to theft and vandalism. The applicant has
concerns regarding safety and security of their possessions, which can be satisfied
with conforming accessory buildings. The request for a variance does not establish
any demonstrable difficulty unique to the property.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby denies a
variance to Orono Municipal Zoning Code Section 78-1434 to allow a 1,432 sq ft accessory
structure, subject to the following conditions:
1. Council denial is based on the entire record, above Findings.
ADOPTED by the Orono City Council on this 24th day of June, 2019.
ATTEST:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
AGENDA ITEM
Item No.:
Date: June 10, 2019
Item Description: LAI 9-000027, Mike, Johnsrud, 135 Luce Line Ridge, Variance
Presenter: Laura Oakden Agenda Consent
Planner Section:
1. Purpose. The applicant is requesting a variance to exceed the allowed square footage for an oversize
accessory structure from 1,200 to 1,432 square feet.
2. 15.99 Deadline. The application was deemed complete on April 25, 2019. Following the 60 -day rule
the review period ends June 24, 2019.
3. Background. The property is located in a planned residential development within the RR-lA zoning
district. The property is permitted to have a total of 2,400 accessory building square footage. It is
permitted to have one oversized accessory structure (OAB) but no single structure may exceed 1,200
square feet. The existing detached building was built in 2017. The property owner is requesting to add a
280 square foot addition to the existing 1,152 square foot building, creating a 1,432 sq.ft. building. This
would be 232 sq.ft. over the allowed 1,200 sq.ft. footprint. The code allows a second accessory structure
(not to exceed 999 sq.ft.) on the property.
Staff finds the submitted application does not meet the practical difficulties standards. The request for a
variance does not establish any demonstrable difficulty unique to the property. The applicant has indicated
they can meet the City Code by building a separate accessory structure. There are not any unique
circumstances with the land or the use to support a variance to allow an accessory building larger than the
code would permit. The applicant has not demonstrated that the property is unique to support the variance,
and the use of the property has been achieved via the construction of the home and the 1,152sq foot
accessory structure.
The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism. The
applicant states an addition to the existing building would be better financially, environmentally, and
neighborly.
4. Planning Commission Vote and Comment. The Planning Commission reviewed and discussed the
proposed variances. Commissioners discussed the City Code for allowing one OAB and also allowing up
to 2400 total of accessory building square footage. Concerns were addressed regarding overall massing
coverage for the property.
The Planning Commission recommended approval of the variance request with a 4-3 vote with the condition
to prohibit any additional accessory structures on the property. The Commission also advices that legal
counsel should be consulted before enacting this condition for future use of the property. The City Attorney
advises that any condition placed on a variance must have a clear nexus (connection) to the regulation, ie
the condition should clearly mitigate the concern.
In this situation, restricting the property owner (and future owners) from lawful additional square footage
of accessory buildings (sheds, garages, etc.) doesn't mitigate the massing concern.
5. Public Comment The applicant submitted signatures of support from his neighbors and the HOA.
No public comments were submitted.
Prepared By: Laura Oakden Reviewed By: J. Barnhart
Approved By
6. Staff Recommendation. Planning Staff recommend denial based on the submitted practical
difficulties.
COUNCIL ACTION REQUESTED
Council should review the submitted application and direct staff to draft a resolution.
If a motion is made to approve for the request, council should provide staff with applicable practical
difficulties
Exhibits
Exhibit A.
Proposed Plans
Exhibit B.
DRAFT PC Minutes
Exhibit C.
PC Staff Report
References
PC Exhibits
Exhibit A.
Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C.
Proposed Site Plan
Exhibit D.
Proposed Plans and Elevations
Exhibit E.
Narrative
Exhibit F.
Neighboring property signatures
Exhibit G.
Property Owners List and Plat Map
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 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, III, Matt Johnson, Aaron Printup, and Victoria
Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson,
Development Director Jeremy Barnhart, 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.
13. LA19-000027 MIKE JOHNSRUD, 135 LUCE LINE RIDGE, VARIANCE
Oakden stated the applicant is requesting a variance to exceed the allowed square footage for an oversize
accessory structure from 1,200 to 1,432 square feet. The property is located in a planned residential
development within the RR-lA zoning district. The property is permitted to have a total of 2,400 square
feet of accessory building. It is permitted to have one oversized accessory structure, but no single
structure may exceed 1,200 square feet. The existing detached building was built in 2017. The property
owner is requesting to add a 280 square foot addition to the existing 1,152 square foot building, creating a
1,432 square foot building. The Code allows a second accessory structure on the property not to exceed
999 square feet.
Staff finds the submitted application does not meet the practical difficulty standards. The request for a
variance does not establish any demonstrable difficulty unique to the property. The applicant has
indicated they can meet the city Code by building a separate accessory structure. There are not any
unique circumstances with the land or the use to support a variance to allow an accessory building larger
than the code would permit. Further, the applicant has not demonstrated that the property is unique to
support the variance and the use of the property has been achieved via the construction of the home and
the 1,152 square foot accessory structure.
The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism.
The applicant states an addition to the existing building would be better financially, environmentally, and
neighborly.
The Planning Commission reviewed this application at their May meeting and discussed the proposed
variances. The Commissioners discussed the City Code for allowing one oversize accessory building and
also allowing up to 2,400 square feet total of accessory building square footage. Concerns were
addressed regarding overall massing coverage for the property.
The Planning Commission recommended approval of the variance request on a 4-3 vote with the
condition that any additional accessory structures on the property be prohibited. The City Attorney has
advised that any condition placed on a variance must have a clear connection to the regulation.
The applicant has submitted signatures from his neighbors in support of the project as well as his
homeowners' association.
Staff recommends denial. The City Council should review the submitted application and direct Staff to
draft a resolution. If a motion is made to approve the request, the Council should provide Staff with
applicable practical difficulties.
Page 1 of 4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Crosby asked if there is an existing garage on the existing home.
Oakden indicated there is an attached garage and the detached garage was built two years ago.
Crosby asked what the practical difficulty is.
Johnson stated the practical difficulty is that the code does not make any sense, particularly in this
instance. The applicant can put another detached garage right next door to this one that is ten feet from it
but the Code says it cannot be attached. Johnson asked what the maximum is.
Oakden indicated this lot size, the applicant can have one building that does not exceed 1,200 square feet
and then he can have a total accessory structure massing of 2,400 square feet. The applicant could
technically have three more buildings as long as they do not exceed 2,400 square feet.
Johnson asked how big the existing detached garage is.
Oakden indicated it is 11,52 square feet.
Johnson stated this comes down to the topography, and that the applicant has received approval from his
HOA and supporting letters from the neighbors. If he was to add a detached garage on the side, it would
start getting into some topography issues.
Oakden stated there are some topography issues to the south as it moves back to the rear but the side
setbacks would be okay.
Johnson asked if there can be a condition placed on the property restricting future garage space.
Mattick stated at the Staff meeting the initial question was, can the City place conditions on a variance
where the City can prohibit something that would otherwise be allowed. After conducting some
research, Mattick stated he believes the City can. If the applicant gets a side yard variance for 5 feet
where 10 feet is normally required and the applicant would like a 35 -foot house, the Council can say you
only get 30 -foot house, which is taking away something that otherwise would be allowed.
Mattick stated in this instance the Council has to decide whether they should impose conditions.
Oakden stated the applicant is requesting 1,432 square feet.
Mattick noted that would take away 942 square feet.
Walsh noted the condition would not preclude him from coming back at some point in the future.
Mattick stated the Code contemplates 2,400 total square feet, so to get a variance for one building, the
question is whether there is a strong nexus to strip him of that extra square footage that would be allowed.
Walsh stated there may not be a true practical difficulty and the question is whether the code is something
the City should revisit.
Page 2 of 4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
Johnson stated if massing is a concern, attaching the structure is the most unencumbering way to add
square footage. Johnson asked whether a practical difficulty could be the fact that the code is
unreasonable.
Walsh asked how long it would take to revisit this specific code issue.
Barnhart noted there is some time left in the 60 -day review period but that it might be a challenge to get it
before the Planning Commission in time.
Crosby stated there could be a practical difficulty with the placement of the structure since access to the
structure would be more difficult at the rear of the property.
Mattick stated that would be the discussion but that he does not like saying the City does not like its code
so let's give variances. If the City Council does not like the code, they should change it.
Walsh asked if the applicant would be willing to delay this a little in order for the Council to review the
code.
Mike Johnsrud, Applicant, stated he has the ability to build up to 999 square feet in another building that
is not contiguous to this one and that it is not a state statute that it has to be ten feet from the property line.
This development was put in back in the mid-1980s, and the lots are all somewhere around three acres,
but someone granted the developer the additional land behind the structures to get to the five -acre
minimum that was required at the time the development was done. The taxes and ownership, however,
are based on 2.68 acres.
Johnsrud stated he is hoping his application is not delayed and that he will either build another structure
or add on to the existing one. Adding on to the existing building financially made more sense since only
three posts are required, they do not have to do any augmenting to the driveway or remove any trees. It
also made more sense for the neighbors. The house to the east will not be able to see it from their house
or from the road.
Walsh noted the City's Code does not allow them to do that without a practical difficulty, which is what
the City Council has to follow.
Johnsrud stated there was nothing he saw that defined what a practical difficulty is and that it seems
arbitrary.
Crosby stated in his view the practical difficulty is the access and that he would be in favor of moving it
forward and then addressing the code.
Johnson stated no trees would also need to be removed.
Seals stated a practical difficulty is something that prevents you from living on the property.
Crosby stated enjoyment of your property is also included.
Mattick stated some discretion is allowed but a financial consideration is not one of them. When it comes
to a practical difficulty, the question usually is, is there something about this property that makes it
Page 3 of 4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 10, 2019
7:00 o'clock p.m.
unique. The City Council knows he can construct a structure that meets the requirements of the Code.
The Code contemplates, if due to the dynamics of the lot, he is not able to construct, that would be
considered a practical difficulty. The removal of trees here or there is not that much of a practical
difficulty, but if there are steep slopes, that may be an additional practical difficulty. A practical difficulty
is not simply because it makes sense.
Walsh commented it becomes a slippery slope, and that they had one application on Crystal Bay Road
where having a washer and dryer on the bottom floor was an issue, but it did not prevent them from
enjoying their property. If the applicant does not want to wait for the City to review the Code and wants
to build another structure, he can do that, but if he waits, he can build it exactly where he wants to.
Crosby stated in his view the accessibility is the issue.
Johnson asked if Staff told the applicant they would not support the proposal and why he brought it
forward.
Johnsrud stated he decided to go through the channels and come before the City Council. The Planning
Commission vote was 4-3 and there was actually quite a long discussion about the whole process at the
Planning Commission. One of the comments was, this makes no sense, which is similar to the
conversation the Council has already had.
Johnson stated he would like to approve it but that he does see where the City has its own minutia that
prevents them from using logic sometimes.
Walsh stated the Council should give direction to Staff on how the code should be changed.
Printup moved to deny and move forward with the code review.
Barnhrat stated he would prefer two motions. One would be in response to this application and then a
motion to review the Code.
Walsh moved to direct Staff to draft a resolution denying Application No. LA19-000027, Mike
Johnsrud, 135 Luce Line Ridge, and to direct Staff to bring the issue about the code forward at the
next City Council meeting.
Crosby stated he would not support Council Member Printup's motion to deny.
Walsh stated if they change the code, the applicant does not need to come before the City Council again.
Seals seconded the above motion. VOTE: Ayes 5, Nays 0.
Barnhart asked if the motion was to deny.
Walsh stated to deny the variance and to bring the discussion about the code to the next meeting.
Barnhart noted at the next meeting, a resolution for denial will be presented, and then Staff will provide
background on accessory structures.
Page 4 of 4
AGENDA ITEM
Item No.: 8
Date: June 24, 2019
Item Description: 19-000028 — Steve Eggert, o/b/o Lake West Development, LLC,
unaddressed PID 2011723420039, Variance from Subdivision requirements
Presenter: Jeremy Barnhart, AICP Agenda Consent Agenda
Community Development Director Section:
1. Purpose. To consider the resolution formally approving the variance, allowing the future
replatting of the property, removing the access outlot.
2. MN§15.99 Application Deadline. The application was considered to be complete on April 29,
2019. The 60 -Day review period will expire on June 28, 2019.
3. Background. The City Council, at its meeting on June 10', directed staff to draft a resolution
approving the variance for Lakewest Development, LLC, which would allow the approval of a
replat, to be reviewed at a later date. That resolution is attached as Exhibit A.
4. Planning Commission Vote and Comment. On May 20`h, the Commission reviewed the
proposal and held the public hearing. Their minutes are attached as Exhibit B. Commissioners
noted that the variance seems to correct an oversight. One commissioner noted that in inability to
dock a boat in a sheltered area was a practical difficulty. They recommended approval 7-0.
5. Public Comment. No public comments have been received. The owner of Lot 1, Rusty Kocon
voiced his support.
6. Staff Recommendation. Staff notes that the purpose behind the outlot requirement has been
satisfied by the proposal, and the unique factors are unlikely to be replicated. Staff requests
Council direct staff to draft a resolution in support or opposition to the application.
COUNCIL ACTION REQUESTED
Staff requests Council direction, draft a resolution for denial or draft a resolution of approval. In either
case, provide reasons.
Exhibits
A. Resolution Draft
B. CC Staff report
References
A. PC Exhibits May 20, 2019
B. CC Exhibits June 10, 2019
Prepared By: J. Barnhart
Reviewed By: JS)�a
Approved By: -19a
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1370 AND 82-256
FILE NO. LA19-000028
WHEREAS, on April 22, 2019, Steve Eggert, on behalf of LakeWest Development
the owner of the property (hereinafter the "Applicant"), applied for variances from the City Code for
the property identified as PID 2011723420039 (not addressed) and legally described as:
Outlot A, Ivy Place Plat Hennepin County, Minnesota
(hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-1370 and Section 82-256 to allow future
replatting of the property with the purpose to remove the outlot, providing the adjacent Lot 1, Block
1, Ivy Place lake frontage on the lagoon (west side); and
WHEREAS, the replatting would result in the loss of an access easement for Lot
2, Block 1, Ivy Place; and
WHEREAS, on May 20, 2019, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on May 20, 2019, the Planning Commission recommended approval
of the variances; and
WHEREAS, on June 10, 2019, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff directing staff to draft a resolution
approving the variance; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
1. This application was reviewed as Zoning File #LA19-000028. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2. The Property is located in the LR -1C One Family Lakeshore Residential Zoning District.
3. The Property contains 0.18 acres in area and has a defined lot width of approximately 198
feet at the ordinary high water level.
4. The Property is platted as an outlot, and therefore is not buildable.
5. Applicant has applied for the following variance[s]:
a. Back lot standards
b. Double frontage lots, access to lots, and front/ back lot divisions.
6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
The variance is in harmony with the general intent and purpose of the Ordinance. The intent of
the ordinance is the provision of a separate lot protecting access to a back lot while not
introducing additional density. The access can be provided via an easement, and the nature of
these lots do not lend themselves to further subdivision, i.e. density.
The variance is consistent with the comprehensive plan. The use of the property remains
residential, consistent with the comprehensive plan.
The applicant establishes that there are practical difficulties.
The property owner proposes to use the property in a reasonable manner not permitted
by the official controls; The use of the property remains the same.
There are circumstances unique to the property not created by the landowner; The
condition of the property prior to development, configured as three separate lots, was
not created by the developer. Further, the property is a peninsula and at the end of a
dead end street.
The variance will not alter the essential character of the locality. The variance, allowing
access to the back lot via an easement versus an outlot will not be discernable to the
character of the locality.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Additionally City Code 78-123 provides additional parameters within which a variance may be granted as
follows:
4. Economic considerations alone do not constitute practical difficulties. Economic considerations
alone have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for
solar energy systems. Variances shall be granted for earth -sheltered construction as defined in
Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition
is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under Orono
City Code Chapter 78 for property in the zone where the affected person's land is located. This
condition is not applicable.
7. The board or council may permit as a variance the temporary use of a one -family dwelling as a
two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such property
or immediately adjoining property. The applicant does not demonstrate any special conditions.
9. The conditions do not apply generally to other land or structures in the district in which the land
is located. The applicant does not demonstrate any special conditions. The lot is within a
peninsula, and the potential to extend the drive beyond the subdivision is not likely, requiring
a bridge.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant. This is not the case here. The right of a dock within a lagoon or
cove is not a protected right. The adjacent property has lake frontage on the bay side, allowing
a dock for this lake property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,
or in any other respect be contrary to the intent of this chapter. The variance would allow the
replatting of the lots without the provision of an outlot. The applicant states that this will not
impact the health, welfare etc. not requiring the outlot in front lot/ back lot could have far
reaching consequences related to lake densities and access questions in the future.
12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty. The applicant has reviewed several alternatives
but could not pursue those without ignoring regulations and common sense.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Section 78-1370 and Section 82-256 to allow future
replatting of lot 1 and outlot A, removing the outlot A, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2. An access and drainage and utility easement to the benefit of the public shall be provided
through the former Outlot to Lot 2, Ivy Place
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining final plat approval for a new conjoined
Lot 1, Block 1, and Outlot A, Ivy Place within one year of the date of Council approval, or
the variance will expire on that date (June 24, 2020).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 24th day of June, 2019.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
AGENDA ITEM
Item No.:
Date: June 10, 2019
Item Description: #19-000028, Steve Eggert, o/b/o Lake West Development, LLC,
unaddressed PID 2011723420039, Variance from Subdivision requirements
Presenter: Jeremy Barnhart, AICP Agenda Planning Department
Community Development Director Section: Report
Purpose. To consider a variance to allow the future replatting of the property, removing the
access outlot. Provide staff direction on drafting a resolution approving or denying the variance.
2. MN§15.99 Application Deadline. The application was considered to be complete on April 29,
2019. The 60 -Day review period will expire on June 28, 2019.
Background. The properties involved are Outlot A and Lot 1, Block 1, Ivy Place, a plat
approved in 2018. The variance is requested because Ivy Place was originally created as a front
lot/ back lot, which requires a 30' wide outlot (Outlot A). The applicant, who was the original
developer of the property, and the buyer (now owner) of Lot 1 desire to replat Outlot A and Lot 1
into one lot. This would give Lot 1 lake frontage on the lagoon side, and with it opportunity for a
dock. Access to lot 2 would be provided via an easement through Lot 1.
The applicant contends that some of the original plat documents showed the dock adjacent to
Outlot A. When reviewing plats, the city council does not review building footprints,
landscaping, hardcover, docks, etc. as final as these are A. Not applied for, and B. likely to
change, as the footprint and hardcover have. Current CUP/ dock permit and replatting
applications are being reviewed.
The applicant has provided responses to the practical difficulty questions, attached as Exhibit D.
Staff's Planning Commission report, including its' analysis of the practical difficulties is attached
as Exhibit A. A copy of the plat is provided as Exhibit C.
4. Planning Commission Vote and Comment. On May 201, the Commission reviewed the
proposal and held the public hearing. Their minutes are attached as Exhibit B. Commissioners
noted that the variance seems to correct an oversight. One commissioner noted that in inability to
dock a boat in a sheltered area was a practical difficulty. They recommended approval 7-0.
5. Public Comment. No public comments have been received. The owner of Lot 1, Rusty Kocon
voiced his support.
6. Staff Recommendation. Staff notes that the purpose behind the outlot requirement has been
satisfied by the proposal, and the unique factors are unlikely to be replicated. Staff requests
Council direct staff to draft a resolution in support or opposition to the application.
COUNCIL ACTION REQUESTED
Staff requests Council direction, draft a resolution for denial or draft a resolution of approval. In either
case, provide reasons.
Exhibits
A. PC Staff report
B. PC Minutes — Draft
C. Ivy Place Plat
D. Practical Difficulties Statement
Prepared By: J. Barnhart
References
PC Exhibits May 20, 2019
Reviewed By:
Approved By:
AGENDA ITEM
Item No.:
Date: June 24, 2019
Item Description: LAI 8-000044 — City of Orono Comprehensive Plan Amendment
(Park Map only)
Presenter: Jeremy Barnhart Agenda Consent Agenda
Community Development Director Section:
1. Purpose. The purpose of this item is to remove and replace Map 4E-1 Parks and Trails from the
Comprehensive Plan due to inaccurate information.
2. Background. At its meeting on June 10, 2019, the City Council approved the Comprehensive Plan.
That plan included a map (Map 4E-1) showing existing and proposed trails and sidewalks.
In discussing the map with a resident, we noted that the map incorrectly showed existing sidewalks along
Willow, Brown Road S, Bayside road, and Stubbs Bay Road N. Staff desires to replace this map in the
official Comprehensive Plan to reflect accurate information and reduce confusion. The correction does not
alter search areas for future north south trails identified by the Met Council and the Three Rivers Park
District.
3. Staff Recommendation. Staff recommends approval of the modification to Map 4E-1.
COUNCIL ACTION REQUESTED
Exhibits
A. Original Map 4E-1
B. Revised Map 4E-1
Prepared By: J. Barnhart
Reviewed By: -1)
Approved By -Sb)b'�
2040 Comprehensive Plan
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0-6 Antoine Park
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0-11 Hackberry Park
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THREE RIVERS PARK DISTRICT
3R-1 Noerenberg Gardens
3R-2 Baker Park Reserve
3R-3 Lake Minnetonka Islands
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Real People. Real Solutions.
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PRIVATE / PUBLIC
PP -1 Lakeview Legacy Park
NATURE CONSERVANCY
NC -1 Ferndale Marsh
ORONO SCHOOL SYSTEM FACILITIES
S-1 Orono School System Facilities
S-2 Lee Carlson Baseball Fields
DEPARTMENT OF NATURAL RESOURCES
DNR -1 Luce Line State Trail
DNR -2 Wolsfeld Woods Scientific
and Natural Area
DNR -3 Maxwell Bay Lake Access
DNR -4 Wood -Rill Scientific & Natural Area
MINNEHAHA CREEK WATERSHED DISTRICT
MCWD-1 Wolsfeld Creek
HENNEPIN COUNTY
H-1 North Arm Boat Landing
THREE RIVERS PARK DISTRICT
3R-1 Noerenberg Gardens
3R-2 Baker Park Reserve
3R-3 Lake Minnetonka Islands
Regional Park
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ORONO PARK AND TRAIL SYSTEM
0-1 Casco Point Park
0-2 Casco Point Beach
0-3 Casco Point Ice Rink
0-4 Lydiard Beach
0-5 Livingston Tower Park
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0-6 Antoine Park
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0-7 Highwood Park
0-8 Sandy Beach
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0-9 Summit Park Swimming Beach
0-10 Bederwood Park
0-11 Hackberry Park
0-12 Orono Golf Course
0-13 Seven Nations Park
0-14 Navarre Playground
0-15 Crystal Bay Playground
0-16 Lowry Woods
0-17 French Creek Preserve
0-18 Saga Hill Preserve
0-19 Pleasant View Park
0-20 Big Island Nature Park
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0-21 Lurton Off -Leash Dog Park
PRIVATE / PUBLIC
PP -1 Lakeview Legacy Park
NATURE CONSERVANCY
NC -1 Ferndale Marsh
ORONO SCHOOL SYSTEM FACILITIES
S-1 Orono School System Facilities
S-2 Lee Carlson Baseball Fields
DEPARTMENT OF NATURAL RESOURCES
DNR -1 Luce Line State Trail
DNR -2 Wolsfeld Woods Scientific
and Natural Area
DNR -3 Maxwell Bay Lake Access
DNR -4 Wood -Rill Scientific & Natural Area
MINNEHAHA CREEK WATERSHED DISTRICT
MCWD-1 Wolsfeld Creek
HENNEPIN COUNTY
H-1 North Arm Boat Landing
THREE RIVERS PARK DISTRICT
3R-1 Noerenberg Gardens
3R-2 Baker Park Reserve
3R-3 Lake Minnetonka Islands
Regional Park
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AGENDA ITEM
Item No.: 10
Date: June 24, 2019
Item Description: LAI 8-000078 — Sven Gustafson, 387 Orono Orchard Rd S, Final
Plat, Orono Orchard Hill — Resolution
Presenter: Melanie Curtis Agenda Consent
Planner Section:
1. Purpose. This application is regarding a final plat application for a subdivision of the property to
create a total of 2 lots for single family homes where there is currently one lot.
2. MN§15.99 Application Deadline. The final plat application was received on April 22, 2019 and
was considered to be complete on June 18, 2019. The 120 -Day review period will expire on
October 16, 2019.
3. Background. The applicant is requesting final plat approval for a residential subdivision of the
property at 387 Orono Orchard Road South. The applicant proposes to create 2 single family lots.
A private driveway will also be created to serve the 2 Orono Orchard Hill lots. The existing
driveway will be reconfigured to serve 385 Orono Orchard Road S, which is not part of this plat.
The plat is generally consistent with the preliminary plat, though the preliminary plat included a
statement regarding a tree preservation easement. Such an easement was not included in the final
plat as it was determined that with the scale and nature of this development the additional City
oversight for tree protection on these wooded properties would be onerous and marginally
beneficial.
The Planning Commission staff report for the preliminary plat is attached as Exhibit D and
provides additional detail. The lots meet the minimum area and width requirements and the
developer has demonstrated that adequate buildable areas exist on each lot.
4. Public Comment. No comments from the public were received regarding this application.
5. Staff Recommendation. The developer has been working with the Minnehaha Creek Watershed
District, and the City's engineer on the plans which meet the requirements of both agencies.
Hennepin County granted approval of the plat configuration on June 18th. Staff recommends
approval of the plat.
COUNCIL ACTION REQUESTED
Council should consider a motion to adopt or amend the final plat approval resolution for the plat of
Orono Orchard Hill.
Exhibits
A. Draft Resolution
B. Plat
C. Draft Development Contract
D. PC Staff Report 01/22/19
E. Preliminary Plat Resolution No. 6941
References
Council Packet #LA18-000062: Preliminary Plat 02/11/19
PC Exhibits #LA18-000062: Preliminary Plat 01/22/19
Exhibit A. Preliminary Plat Drawing 12/07/18
Prepared By: VY1GG
Reviewed By: J. Barnhart Approved By: —1V
AGENDA ITEM
Exhibit B.
Proposed preliminary grading plan 12/07/18
Exhibit C.
Recorded Boundary Line Adjustment
Exhibit D.
Septic Plans 07/04/18
Exhibit E.
Conservation Design Plan by Anderson Engineering 06/21/18
Exhibit F.
Wetland Delineation — Jacobson Environmental 05/30/18
Exhibit G.
MCWD — NOD Wetland Approval 07/10/18
Exhibit H.
Map
Exhibit I.
Property Owners List
Prepared By: VY1GG Reviewed By: J. Barnhart Approved By:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING THE PLAT OF
ORONO ORCHARD HILL
FILE NO. LA18-000078
WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted subdivision and land development regulations for the orderly, economic and safe
development of land within the City; and
WHEREAS, Orono Orchard, LLC is the owner of the property addressed 387
Orono Orchard Road South (hereinafter the "Owner"); and
WHEREAS on December 26, 2018, Jeffrey S. Gustafson (hereinafter the
"Developer") on behalf of the Owner, applied for revised Preliminary Plat approval to subdivide the
property legally described below into two buildable lots. Legal description of the property:
Lot 2, Block 1, Smith Dettloff Addition, Hennepin County, Minnesota, except that part
which lies Northerly of a line described as follows, Commencing at the Southeast
corner of said Lot 1; thence North 0 degrees 05 minutes 55 seconds West along the
East line of Lot 1 a distance of 211.14 feet to the point of beginning, thence South 89
degrees 54 minutes 04 seconds West a distance of 114.64 feet, thence South 38
degrees 54 minutes 49 seconds West a distance of 232.95 feet, thence North 50
degrees 30 minutes 10 seconds West a distance of 589.61 feet, thence North 0
degrees 07 minutes 06 seconds West a distance of 115.50 feet to the
North line of Lot 2 and there terminating. Torrens Property Torrens Certificate No.
1484878.
Lot 1, Block 1, Smith Dettloff Addition, Hennepin County, Minnesota, except that part
which lies Northerly of a line described as follows, Commencing at the Southeast
corner of said Lot 1; thence North 0 degrees 05 minutes 55 seconds West along the
East line of Lot 1 a distance of 211.14 feet to the point of beginning, thence South 89
degrees 54 minutes 04 seconds West a distance of 114.64 feet, thence South 38
degrees 54 minutes 49 seconds West a distance of 232.95 feet, thence North 50
degrees 30 minutes 10 seconds West a distance of 589.61 feet, thence North 0
degrees 07 minutes 06 seconds West a distance of 115.50 feet to the
North line of Lot 2 and there terminating. Abstract Property (hereinafter the
"Property");
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
WHEREAS, at its regular meeting on February 11, 2019, the Orono City Council
granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 6941;
and
WHEREAS, on April 22, 2019, the Developer submitted a revised application for
final plat approval for the Property; and
WHEREAS, the Developer has agreed to comply with all conditions of Resolution
No. 6941 and has completed or has agreed to complete all other requirements of the platting
regulations of the City.
NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution
No. 6941, the Orono City Council and the City of Orono does hereby approve the plat of ORONO
ORCHARD HILL, Hennepin County, Minnesota (a copy of which is attached as Exhibit A), subject
to the following conditions:
1) Development within ORONO ORCHARD HILL is subject to the Conclusions, Orders and
Conditions enumerated within Preliminary Plat Resolution No 6941, and subject to the
provisions of the Development Contract for ORONO ORCHARD HILL dated June 24, 2019.
2) Dedication on the plat of the perimeter Drainage and Utility Easements as required in
Resolution 6941.
3) Executed Driveway Easement and Maintenance Agreements.
4) The approvals granted in this Resolution shall become effective only when all conditions of
approval requiring actions by the Developer have been satisfied.
5) Building height determination for Lot 2 shall be determined by the proposed grades as shown
on the ORONO ORCHARD HILL Grading Plan dated 07/25/18. The grading plan as approved
establishes new existing grades for the building pad.
6) The Developer shall provide an executed maintenance agreement meeting the MCWD's
requirements to outline responsibility for all future maintenance activities related to the
stormwater facilities and the Conservation Plan.
7) Minnehaha Creek Watershed District (MCWD) approved permits for the grading, stormwater
management facilities, storm water pollution prevention plan (SWPPP) and erosion control
plan shall be submitted.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
8) A title opinion for the Property and certified copies of all recorded easements currently
affecting the Property shall be submitted.
9) A Development Contract including provision of financial security including a Letter of Credit
and escrow to ensure that all site improvements are installed and maintained to the City's
specifications and satisfaction, and to establish conditions for future development of the site
shall be executed.
10) Payment of Development Fees:
a. Park Dedication Fee: $5,550.
b. Stormwater and Drainage Trunk Fee: $8,060.00.
c. Final Plat Application Fee: $500.00.
11) The City Clerk shall release the plat documents for filing only upon certification by the City
Attorney, Community Development Director and City Engineer that all requirements of the
platting regulations have been satisfied.
12) The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before
December 24, 2019, together with a certified original copy of this resolution and executed
copies of the easements and covenants pertinent thereto.
13) Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ATTEST:
ADOPTED by the Orono City Council on this 24th day of June, 2019.
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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DEVELOPMENT CONTRACT
(Developer Installed Improvements)
ORONO ORCHARD HILL
PROJECTNO. LA18-000078
AGREEMENT dated , 2019, by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City"); and ORONO ORCHARD, LLC, a Minnesota
limited liability company ("Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to
approve a plat for "ORONO ORCHARD HILL" (referred to in this Contract as the "Plat"). The
land to be subdivided by the Plat (the "Land") is situated in the City of Orono, County of
Hennepin, State of Minnesota, and is legally described on the attached Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on
condition that the Developer enter into this Contract and furnish the security required by it. The
City will cause the Plat to be duly recorded in the office of the Recorder and Registrar of Titles in
and for Hennepin County, Minnesota, promptly after compliance by the Developer with all
conditions precedent to such recording pursuant to this Contract, which conditions precedent the
Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat.
3. RIGHT TO PROCEED. Within the Land, the Developer may not grade or
otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
or private improvements, or any buildings until all the following conditions have been satisfied: 1)
this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary
"security" (defined below) has been received by the City, and 3) the Plat has been duly recorded in
the office of said Recorder and Registrar of Titles.
4. PHASED DEVELOPMENT. N/A
5. PRELIMINARY PLAT STATUS. N/A
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
Contract, no amendment to the City's Comprehensive Plan, or official controls shall apply to or
affect the use, development density, lot size, lot layout or dedications of the Land unless required
by state or federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law,
the City may require compliance with any amendments to the City's Comprehensive Plan, official
controls, platting or dedication requirements enacted after the date of this Contract with respect to
property which did not receive final plat approval prior to any such amendment.
7. DEVELOPMENT PLANS. The Land shall be developed in accordance with the
following plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The
erosion control plan may also be approved by the Minnehaha Creek Watershed District ("MCWD").
If the Plans vary from the terms of this Contract, the terms of this Contract shall control. The Plans
are:
2
Plan A
— Plat of Orono Orchard Hill
Plan B -
Grading and Site Plan
Plan C
— Erosion Control Plan / SVWPPP Plan
Plan D
— Stormwater Management Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following as
required to be built in accordance with the approved Plans (the "Improvements"):
A. Site Grading, Ponding, and Erosion Control
B. Driveway Paving
C. Setting of Iron Monuments
D. Surveying and Staking
E. Stormwater Management Facilities
The Improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utilities and street construction; and any other ordinances including those
concerning erosion and drainage and any prohibiting grading, construction activity, and the use of
power equipment. The Developer shall submit plans and specifications which have been prepared
by a competent registered professional engineer to the City for approval by the City Engineer. The
Developer shall instruct its engineer to provide adequate field inspection personnel to assure an
acceptable level of quality control. In addition, the City may, at the City's discretion and at the
Developer's expense, have one or more City inspectors and a soil engineer inspect the work as the
City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all
instructions received from the City's inspectors. The Developer's engineer shall provide for on-site
project management. The Developer's engineer is responsible for design changes and contract
administration between the Developer and the Developer's contractor. The Developer or its
engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council
3
chambers with all parties concerned, including the City staff, to review the program for the
construction work. Within thirty (30) days after the completion of the Improvements and before the
"security" is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" Plans, and an electronic file of the "as constructed" Plans in an Auto CAD file based
upon the Hennepin County coordinate system, all prepared in accordance with City standards.
9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021
and the Orono City Code, the final placement of iron monuments for all lot corners must be
completed before the "security" is released. The Developer's surveyor shall submit a written notice
to the City certifying that the monuments have been installed.
10. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, including but not limited to the following to the
extent required:
• DNR for Dewatering
• City of Orono for Building Permits
• Minnehaha Creek Watershed District for erosion control permit and storm
water management permit
• NPDES Permits (National Pollutant Discharge Elimination Systems) issued by
MPCA
11. DEWATERING. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors'
responsibility to satisfy themselves with regard to the elevation of groundwater in the area and
the level of effort needed to perform dewatering and storm flow routing operations. All
dewatering shall be in accordance with all applicable county, state, and federal rules and
regulations. DNR regulations regarding appropriations permits shall also be strictly followed.
4
12. TIME OF PERFORMANCE. The Developer shall install all Improvements as
contemplated by Section 8 and the approved Plans by June 1, 2020, with the exception of the final
wear course of asphalt on private drive.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Land to perform all work and inspections deemed appropriate
by the City in conjunction with development of the Land.
14. EROSION CONTROL. Prior to initiating site grading, the storm water pollution
prevention plan, and the erosion control plan shall be implemented by the Developer and inspected
and approved by the City and/or the MCWD. The City may impose additional erosion control
requirements if reasonably required. All areas disturbed by excavation and backfilling operations
shall be reseeded within five (5) days after the completion of the work, weather permitting, or in an
area that is inactive for more than ten (10) days unless authorized and approved by the City
Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance
with the City's current seeding specification which may include certified oat seed to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and
disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule
or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred
for such work within ten (10) days, the City may draw down the "security" to pay any costs. No
5
development, utility or street construction will be allowed and no building permits will be issued
unless the Land is in full compliance with the approved erosion control plan.
15. GRADING PLAN. Building permits shall be based on the approved grading and
erosion control plan, though actual grading will be completed by the property owners at the time
of building construction. This approved grading plan will establish the Engineered Grade for the
project, as defined by city code. The City will withhold issuance of building permits until all
erosion control measures are in place as determined by the City Engineer. The Developer certifies
to the City that all lots with house footings placed on fill will have been monitored and constructed
to meet or exceed FHA/HUD 79G specifications.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted
from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to
any construction on the Land, the Developer shall comply with all recommendations of the City
staff and City Engineer regarding site cleanup and restoration, including but not limited to
contaminated soil removal, junk and debris removal, etc. Also, prior to any construction on the
Land, the Developer shall identify in writing a responsible party and schedule for erosion control,
street cleaning, and street sweeping.
17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Upon
completion of the Improvements and final acceptance by the City, the improvements lying within
public easements shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering
administration will include monitoring of construction observation, consultation with Developer
and its engineer on status or problems regarding the project, coordination for final inspection and
0
acceptance, project monitoring during the warranty period, and processing of requests for reduction
in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed
monthly.
Contemporaneously with the execution of this Agreement, the Developer shall deposit
$2,000.00 cash with the City ("Escrow"). All accrued interest, if any, shall be paid to the City to
reimburse the City for its cost in administering the escrow account. The purpose of the Escrow is
to guarantee reimbursement to the City for all out-of-pocket costs (including, but not limited to,
planning, engineering oversight, or legal consultant review) the City has incurred or will incur
related to the Development and for all out-of-pocket costs the City has incurred or will incur to
assure that the work is completed in accordance with the Stormwater Pollution Prevention Plan
and the provisions of Orono City Code Chapter 79. The Escrow may also be used by the City to
eliminate any hazardous conditions associated with the work and to repair any damage to public
property or infrastructure that is caused by the work associated with this Agreement, if
compliance with the terms of this Agreement are not accomplished. As the City receives
consultant bills for incurred costs, the City will in turn send a bill to the Developer. The Developer
shall be responsible for payment to the City within 30 days of the Developer's receipt of bill. In
the event that the Developer does not make payment to the City within the timeframe outlined in
this Section, the City may immediately draw from the escrow account without further approval
of the Developer to reimburse the City for eligible expenses the City has incurred. If the balance
of the escrow account is insufficient to reimburse the City its costs under this Section, the
Developer will promptly reimburse the City any additional costs. If the eligible expenses incurred
by the City exceed the amount in escrow and are not promptly reimbursed by the Developer, the
City shall have the right to certify the unpaid balance to the subject property pursuant to Minn.
7
Stat. §§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to
the Developer when the Development has been completed and written notification is received
from the Developer requesting the funds.
20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the
standard Storm Water and Drainage Trunk Fee for one new 2 -acre lot at $8,060.00 per lot.
$8,060.00 per lot x 1 new lot = $8,060.00
21. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication
Fee requirement at the following rate:
$5,550.00 per lot x 1 new lot = $5,500.00
22. SPECIAL PROVISIONS. The following special provisions shall apply to
development of the Land:
A. Implementation of and adherence to the findings and conditions listed in (1)
Resolution No. 6941 approving the Preliminary Plat for File No. LAI 8-000062, adopted by the
Orono City Council on February 11, 2019; and (2) Resolution No approving the Final Plat
for Orono Orchard Hill, adopted by the Orono City Council on June 24, 2019.
B. Final Plat approval is subject to Minnehaha Creek Watershed District
("MCWD") approval and permits as required. The City will not approve the Plat until the MCWD
has approved the stormwater management plans and the Developer has provided evidence that all
required MCWD permits have been obtained.
C. The Plat shall adhere to the purpose and intent of the Orono Community
Management Plan, as amended.
D. All of the proposed lots must contain suitable area meeting all established
setback requirements to allow the construction of single family residences.
0
E. Prior to City Council approval of the final Plat, the Developer shall furnish
a boundary survey of the Land in a form acceptable to City staff.
F. The Developer shall pay to the city engineer the amounts incurred for the
preparation of record construction drawings and City base map upgrading.
G. The Developer shall submit the final Plat in electronic format. The
electronic format shall be Auto CAD file. The Developer shall also submit two complete sets of
the Plat on Mylar (one copy for the City's records and one copy for recording with Hennepin
County). The Developer shall also provide one copy reduced to 1" = 200'.
H. The Developer shall execute and record a Driveway Easement and
Maintenance Agreement covering the shared driveway on the Land.
I. The Developer shall execute and record a Covenant to Protect Drainfield
Sites on the Land.
23. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance
with the terms of this Contract, payment of the costs of all Improvements and construction of all
Improvements, the Developer shall furnish the City with a letter of credit, in the form attached
hereto (the "security"), from a bank for 150% of the cost of the Improvements, including any
required landscaping. The following is a summary of the security requirements due under this
Contract, which must be in place at the time of silt fence inspection and prior to any other site
improvements.
9
CONSTRUCTION COSTS:
Improvements
TOTAL COSTS
73,250.00
$ 73,250.00
TOTAL SECURITIES (Total Costs X 150%) $ 108,875.00
The bank shall be subject to the approval of the City Administrator. The City may draw down the
security, upon five (5) business days' prior written notice to Developer, for any violation of the
terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default.
If the Improvements are not completed at least thirty (30) days prior to the expiration of the security,
the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure
the default. Upon receipt of proof satisfactory to the City that work has been completed and
financial obligations to the City have been satisfied, with City approval the security may be reduced
from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten
percent (10%) of the amounts certified by the Developer's engineer, and approved by City's
Engineer, shall be retained as security until all Improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" Plans have been received by the City,
a warranty security is provided, and the public Improvements are accepted by the City Council. The
City standard specifications for utilities and street construction outline procedures for security
reductions.
24. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a
summary of the cash requirements and fees due under this Contract, which must be paid in cash at
the time of final plat approval and execution of this Contract by the City:
10
Park Dedication Fee $ 5,550.00
Storm Water and Drainage Trunk Fee 8,060.00
Escrow $ 2,000.00
Total Cash Requirements $ 15,610.00
25. WARRANTY. The Developer warrants all Improvements against poor material
and faulty workmanship. The warranty period for streets is one year. The warranty period for
underground utilities is two years and shall commence following completion and acceptance by the
City Council. The one year warranty period on streets shall commence after the final wear course
has been installed and accepted by the City Council as documented in official City minutes. The
Developer shall post a maintenance bond, letter of credit or cash deposit (the "Maintenance
Security") in an amount reasonably determined by the City Engineer. The City Engineer shall
examine the condition of the Improvements when determining the amount of the Maintenance
Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is
furnished the City or until the warranty period expires, whichever first occurs. The retainage may
be used to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities.
26. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by it or the City in conjunction with the development of the Land, including but not limited
to Hennepin County Environmental Services and Minnehaha Creek Watershed District charges,
legal, planning, engineering and inspection expenses incurred in connection with approval and
acceptance of the Plat, the preparation of this Contract, review of construction plans and documents,
and all costs and expenses incurred by the City in monitoring and inspecting development of the
Land.
11
B. The Developer shall hold the City and its officers, employees, and agents
harmless from claims made by itself and third parties for damages sustained or costs incurred
resulting from Plat approval and development of the Land. The Developer shall indemnify the City
and its officers, employees, and agents for all costs, damages, or expenses which the City may pay
or incur in consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for reasonable costs incurred in the
enforcement of this Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event
before any penalty is attached, all special assessments referred to in this Contract. This is an
obligation of the Developer and shall continue in full force and effect even if the Developer sells
one or more lots, the Land, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid
on time, the City may halt development and construction of the Land until the bills are paid in full.
Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year.
F. In addition to the charges and special assessments referred to herein, other
charges as required by City ordinance or via other agencies for which City acts as agent may be
imposed such as, but not limited to, sewer access charges ("SAC"), City water access charges and
building permit fees.
27. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any
of the work to be performed by it hereunder, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City, provided the
Developer, except in an emergency as determined by the City, is first given notice of the work in
12
default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to
act, and it shall not be necessary for the City to seek a Court order for permission to enter the Land.
When the City does any such work, the City may, in addition to its other remedies, assess the cost
in whole or in part against any portion of the Land owned by the Developer or any successor in
interest to the Developer.
28. MISCELLANEOUS.
A. The Developer represents to the City that the Plat complies with all city,
county, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the Plat does not
comply, the City may, at its option, refuse to allow construction or development work on the Land
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
Contract.
B. Third parties shall have no recourse against the City or Developer under this
C. Breach of the terms of this Contract by the Developer shall be grounds for
denial of building permits, including those for lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portions of this Contract.
E. If building permits are issued prior to the completion of all Improvements,
the Developer assumes all liability and costs resulting in delays in completion of Improvements and
damage to Improvements caused by the City, Developer, its contractors, subcontractors, material
men, employees, agents, or third parties. No sewer and water connection permits may be issued and
13
no one may occupy a building for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have been paved with at least one lift of
bituminous surface and the utilities are accepted by the City Engineer in writing.
F. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed
by the parties and approved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Contract shall not be a waiver or release.
G. This Contract shall run with the Land and may be recorded against the Land.
The Developer covenants with the City, its successors and assigns, that the Developer is well seized
in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto,
from all parties who have an interest in the Land; that there are no unrecorded interests in the Land;
and that the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
H. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to the City, at law or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
I. The Developer may not assign this Contract without the written permission
of the City Council. The Developer's obligations hereunder shall continue in full force and effect
even if the Developer sells one or more lots in the Plat, the Land, or any part of it. Upon request,
the City shall provide, in recordable form, a release of any lot in the Plat from this Development
14
Contract if the City determines that the terms and conditions of this Contract have been satisfied.
This Development Contract shall be binding upon and inure to the benefit of the parties and their
respected successors and assigns, including without limitation, any and all future and present
owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the
Property. Should the Developer convey any lot or lots in the Plat to a third party, the city and the
owner of that lot or those lots may amend the Development or this Development Contract, with
City approval, or use of those lots without the approval or consent of the other lot owners within
the Plat. Private agreements between the owners of lots within the Plat for shared service or access
and related matters necessary for the efficient use of the Property shall be the responsibility of the
lot owners and shall not bind or restrict City authority to approve applications from any lot owner.
J. Developer shall be responsible for all snow removal from vacant lots to the
extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring
that all vacant lots comply with the City's Code regarding nuisances.
K. City permits are required for all retaining walls. Retaining walls that
require a building permit shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following
construction, a certification signed by the design engineer shall be filed with the City Engineer
evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls required to be constructed by the Plans, or special conditions
referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for
a lot on which a retaining wall is required to be built.
L. Developer shall take out and maintain or cause to be taken out and
maintained until six (6) months after the City has accepted the public improvements, commercial
15
general liability and property damage insurance covering personal injury, including death, and
claims for property damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury
and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence;
limits for property damage shall be not less than $200,000 for each occurrence; or a combination
single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate shall provide
that the City must be given ten (10) days advance written notice of the cancellation of the
insurance.
29. NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: 153 East Lake Street, Wayzata, MN 55391. Notices to the
City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to
the City by certified mail in care of the City Administrator at the following address: Orono City
Hall, 2750 Kelley Parkway, Orono, Minnesota 55356. Either party may change the address to
which notices to such party thereafter shall be given, by providing to the other party notice of such
change.
[Remainder of Page Intentionally Left Blank.]
16
CITY: CITY OF ORONO
(SEAL)
1.2
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
Dennis Walsh, Mayor
Anna Carlson, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2019 by Dennis Walsh and by Anna Carlson, respectively the Mayor and
City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
17
DEVELOPER:
ORONO ORCHARD, LLC
Jeffrey S. Gustafson
Its: President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
, 2019, by Jeffrey S. Gustafson the President of Orono Orchard, LLC,
Minnesota limited liability company.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
18
NOTARY PUBLIC
a
day of
Exhibit A
Lots 1 and 2, Block 1, SMITH-DETTLOFF ADDITION, EXCEPT that part lies northerly of a
line described as follows; Commencing at the southeast comer of said Lot l; thence North 0
degrees 05 minutes 55 seconds West along the east line of Lot 2 a distance of 410.99 feet to the
northeast comer of Lot 2, the point of beginning; thence North 84 degrees 25 minutes 53 seconds
West a distance of 261. 89 feet; thence North 50 degrees 30 minutes 10 seconds West a distance
of 589.61 feet; thence North 0 degrees 07 minutes 06 seconds West a distance of 115.50 feet to
the north line of Lot 2 and there terminating, Hennepin County, Minnesota.
19
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
Bridgewater Bank, which holds a mortgage on the subject property dated August 29, 2018,
and filed in Hennepin County on August 30, 2018 as Torrens document no T5557080 and on
September 6, 2018 as Abstract document number A10589635, the development of which is
governed by the foregoing Development Contract, agrees that the Development Contract shall
remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2019.
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument
2019,
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
ABS
Its:
was acknowledged before me
by
of Bridgewater Bank, on its behalf.
Notary Public
20
this day of
the
IRREVOCABLE LETTER OF CREDIT
No. _
Date:
TO: City of Orono
2750 Kelley Parkway
Orono, Minnesota 55356
Dear Sir or Madam:
We hereby issue, for the account of _Orono Orchard, LLC_ and in your favor, our Irrevocable Letter of Credit
in the amount of $108,875.00, available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated 12_, of Name
of Bank) "
b) Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying
that _Orono Orchard, LLC is in default of the Development Contract with the City of Orono and that five (5) business
days prior written notice has been given by the City to the Developer with respect to the existence of such default, and
such default has not been cured.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice
to the Orono City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is
effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to
the next annual renewal date addressed as follows: Orono City Administrator, Orono City Hall, 2750 Kelley Parkway,
Orono, Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the renewal
date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This
Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this
Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 600. This agreement shall be construed
and interpreted under Minnesota Law.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
Its
21
CERTIFICATE OF INSURANCE
LIABILITY & WORKERS' COMPENSATION
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This
certificate does not amend, extend or alter the coverage afforded by the policies listed below.
PROJECT:
CERTIFICATE HOLDER & ADDITIONAL INSURED: City of Orono
ADDRESS:
ARCH/ENGR:
INSURED:
ADDRESS:
AGENT:
ADDRESS:
WORKERS' COMPENSATION COVERAGE
POLICY # EFFECTIVE DATE—/—/ EXPIRATION
DATE
INSURANCE COMPANY:
COVERAGE -Workers' Compensation, Statutory. Employers' Liability Limit
$ Each Accident $ Disease Policy Limit $ Disease Employee
Limit
($500,000 Policy limit applies to both accident and disease)
GENERAL LIABILITY
POLICY # EFFECTIVE DATE / / EXPIRATION DATE
INSURANCE COMPANY:
( )Claims Made ( )Occurrence ( )Owner's & Contractors Protective
LIMITS:
General Aggregate Limit (Other Than Products -Completed Operations) $
Products -Completed Operations Aggregate Limit $
Personal & Advertising Injury Limit $
Each Occurrence $
22
( ) Other
COVERAGE PROVIDED
Operations of Contractor:
Yes
Operations of Sub -Contractor (Contingent):
Yes
Does Personal Injury Include
Property Damage Liability Includes
Claims Related to Employment:
Yes
Completed Operations/Products:
Yes
Contractual Liability (Broad Form):
Yes
EXCEPTIONS:
Damage Due to Collapse
AUTOMOBILE LIABILITY
POLICY #
No
Government Immunity is Waived
Yes
No
No
Property Damage Liability Includes
Damage Due to Blasting
Yes
No
No
Damage Due to Collapse
Yes
No
No
Damage To Underground Facilities
Yes
No
No
Broad Form Property Damage
Yes
No.
EFFECTIVE DATE: / / EXPIRATION DATE:
INSURANCE COMPANY:
( )Any Auto ( )All Owned Autos ( )Scheduled Autos
( )Hired Autos ( )Non -Owned Autos
LIMITS:
Bodily Injury $ Each Person / $ Each Occurrence OR Combined Single Limit
Property Damage $ Each Occurrence
UMBRELLA EXCESS LIABILITY
POLICY # EFFECTIVE DATE:—/—/ EXPIRATION
DATE:
INSURANCE COMPANY
LIMITS: Single Limit Bodily Injury and Property Damage
$ Each Occurrence $ Aggregate
COVERAGE PROVIDED:
Applies in excess of the coverages listed above for Employers' Liability, General Liability, and Automobile Liability:
Yes No
Are any deductibles applicable to bodily injury or property damage on any of the above coverages?
Yes No If So, List Amount $
AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes No
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company
will mail 30 days notice to the parties to whom this certificate is issued.
Dated at:
MN License #
Authorized Insurance Representative
On:
23
an
Date (Revised Plan) Application Received: 12/26/18
Date Application Considered as CompleteOl/14/19
120 -Day Review Period Expires: 05/14/19
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Melanie Curtis, Planner h'1GG
Date: 22 January 2019
Subject: #LA18-000062, Stonewood LLC, 387 Orono Orchard Road S,
REVISED Preliminary Plat
Public Hearing
Application Summary: The applicant is requesting approval of a revised preliminary plat.
Staff Recommendation: Staff recommends approval contingent upon meeting the MCWD and
City Engineer's recommendations and permitting requirements of the MCWD.
Background/Update
This application is a modification of the preliminary and final plat reviewed and approved in
2018 (same application number LA18-000062). The developer recently sold the northern lot and
completed a boundary line adjustment between the two properties. The boundary line
adjustment created a more substantial building area on the sold lot (385 Orono Orchard Rd S),
and to facilitate the revised preliminary plat to create only one additional buildable lot from the
subject property (387 Orono Orchard Road S).
The previous plat was approved for 5 lots. Many of the previous review comments still apply,
the proposal conforms to the RR -113 zoning district and continues to be less dense than the
prescribed minimum density contemplated within the 2020-2040 comprehensive plan. The
property is outside the MUSA boundary and septic system designs have been submitted for
each lot.
The existing driveway access point will continue to serve the separate northern lot (385 Orono
Orchard Road S) which is not part of this subdivision. A new private driveway access is proposed
to serve both of the properties as shown on the grading plan attached as Exhibit B.
The preliminary plat drawing illustrates the proposed building pad areas for each new lot; the
existing home on the property (shown on Parcel A) is proposed to remain at this time. The RR -
113 setbacks will be met; both lots are shown meeting or exceeding the minimum 200 -foot lot
width measured at the front setback.
Relationship to Surrounding Development
Properties in the immediate neighborhood consist of 4 to 21 acre lots; the City's golf course is to
the north of the property. The proposed subdivision is consistent with respect to the rural
character of the surrounding neighborhood.
FILE # LA18-000062
22 Jan 2019
Page 2 of 4
Lot Dimensions as Proposed:
General Site Characteristics
This site is within the rural residential area south of the City golf course and north of Fox Street,
historically made up of larger wooded estate properties. The property contains both natural
and cultivated wooded areas as well as sloping grades and wetlands. There is an existing home
and small garage located on the subject property, both which may remain following the
subdivision; the setbacks are met. The existing driveway configuration will remain with the
exception of the new curb cut serving the subject property.
The Conservation Design Report by Anderson Engineering submitted for the original plat (see
Exhibit E) provides a more detailed overview of the natural site characteristics. The revised
subdivision plan reflects the developer's desire to protect significant tree stands; removal of
invasive and diseased trees will be done on an as -needed basis. The goal of the revised
development design and grading plan is to minimize tree removal and clearing. They hope to
preserve the existing vegetation along the Orono Orchard Road corridor. Planning Commission
should review the Report and discuss the recommendations.
As each of the lots exceed 1.99 acres in area, there is no limit on overall structural building
coverage.
City Engineer Comments
The City Engineer is reviewing the preliminary plat plans. Engineering comments will be
forthcoming once the Minnehaha Creek Watershed District has received and reviewed the
stormwater plan.
If there are any changes needed resulting from the MCWD or City Engineer's review, the
applicant can respond to those prior to placement on the City Council agenda. If the comments
result in significant changes to the plat layout it may be brought back to the Planning
Commission for another review.
Easements
Drainage & Utility. The City requires standard perimeter drainage and utility easements around
all property boundaries in the Plat and drainage easements over the wetland areas. The
easements shown on the proposed preliminary plat drawing should be revised to conform to
the standard; the Final Plat must meet the City standards.
Drainage and Utility Easements are required over any stormwater facilities that may be required
Wetland
Dry Buildable
Total Acres
Lot Width
Existing 385 Orono
4.46± acres
6.63± acres
11.10± acres
±618'
Orchard Road South
Property
- As adjusted
Lot 1— "Parcel A"
± 350 square
2.1± acres
4.23± acres
±413'
feet
Lot 2 — "Parcel B"
± 570 square
4.5± acres
6.9± acres
±205'
feet
General Site Characteristics
This site is within the rural residential area south of the City golf course and north of Fox Street,
historically made up of larger wooded estate properties. The property contains both natural
and cultivated wooded areas as well as sloping grades and wetlands. There is an existing home
and small garage located on the subject property, both which may remain following the
subdivision; the setbacks are met. The existing driveway configuration will remain with the
exception of the new curb cut serving the subject property.
The Conservation Design Report by Anderson Engineering submitted for the original plat (see
Exhibit E) provides a more detailed overview of the natural site characteristics. The revised
subdivision plan reflects the developer's desire to protect significant tree stands; removal of
invasive and diseased trees will be done on an as -needed basis. The goal of the revised
development design and grading plan is to minimize tree removal and clearing. They hope to
preserve the existing vegetation along the Orono Orchard Road corridor. Planning Commission
should review the Report and discuss the recommendations.
As each of the lots exceed 1.99 acres in area, there is no limit on overall structural building
coverage.
City Engineer Comments
The City Engineer is reviewing the preliminary plat plans. Engineering comments will be
forthcoming once the Minnehaha Creek Watershed District has received and reviewed the
stormwater plan.
If there are any changes needed resulting from the MCWD or City Engineer's review, the
applicant can respond to those prior to placement on the City Council agenda. If the comments
result in significant changes to the plat layout it may be brought back to the Planning
Commission for another review.
Easements
Drainage & Utility. The City requires standard perimeter drainage and utility easements around
all property boundaries in the Plat and drainage easements over the wetland areas. The
easements shown on the proposed preliminary plat drawing should be revised to conform to
the standard; the Final Plat must meet the City standards.
Drainage and Utility Easements are required over any stormwater facilities that may be required
FILE # LA18-000062
22 Jan 2019
Page 3 of 4
by the Minnehaha Creek Watershed District.
Private, Shared Driveway. The property is proposed to be served via a private driveway
accessing Orono Orchard Road South at the northern point of "Parcel A" and meeting up with
the existing drive. The driveway will be expanded to serve "Parcel B" and an access easement
should be established for each of proposed lots; a maintenance agreement for the private
driveway should also be provided by the developer. A maximum of two lots can be served via a
private driveway.
Park Dedication
The Comprehensive Plan does not suggest the need for new trails or sidewalks along this section
of Orono Orchard Road. There are no plans for future park land needs on the subject property,
staff anticipates park dedication being satisfied via a cash donation. The Park Fee is determined
as 8% of the fair market value of the land being subdivided, but must be between a minimum of
$3,250 and a maximum of $5,550 per residential dwelling unit. For the proposed development,
the Park Fee would be based only on the one newly created lot. The City's Assessor will be
consulted to determine the market value of the land for establishing the amount of the fee.
Stormwater and Drainage Improvements
The developer should coordinate with the MCWD and provide confirmation regarding the
permits or approvals they will require for this subdivision. According to the Anderson
Engineering report, conservation easements will protect the wetland buffer areas as required by
the MCWD. Additionally, according to the report, there were to be two stormwater infiltration
basins installed, following MCWD approval of a stormwater plan, the grading plan should be
updated to reflect any necessary stormwater pond areas. Placement and sizing will be
determined by the Minnehaha Creek Watershed District Rules.
The development is subject to the 2019 Stormwater and Drainage Trunk Fee of $8,060.00 per
lot in a 2 acre zone. Therefore $8,060 x 2 lots = $16,120.00.
Utility Locations and Availability
The subject property is not located within the Metropolitan Urban Service Area (MUSA).
Therefore City sewer is not available to the property. They have provided septic system designs
for each of the lots which appear to be acceptable. The plans will be reviewed more closely at
permitting by the Building Official for conformance with the regulations.
Planning Staff Recommendation
Staff recommends approval in accordance with the forthcoming recommendations of the City
Engineer as well as the requirements of the MCWD. The Planning Commission's options for
action on the proposed plat are:
• Recommend approval of the plat as presented, with appropriate conditions;
• Recommend denial, stating reasons; or
• Table the application providing direction and guidance to the developer.
List of Exhibits
Exhibit A. Preliminary Plat Drawing 12/07/18
Exhibit B. Proposed preliminary grading plan 12/07/18
FILE # LA18-000062
22 Jan 2019
Page 4 of 4
Exhibit C. Recorded Boundary Line Adjustment
Exhibit D. Septic Plans 07/04/18
Exhibit E. Conservation Design Plan by Anderson Engineering 06/21/18
Exhibit F. Wetland Delineation—Jacobson Environmental 05/30/18
Exhibit G. MCWD — NOD Wetland Approval 07/10/18
Exhibit H. Map
Exhibit I. Property Owners List
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 4 1
A RESOLUTION
APPROVING A PRELIMINARY PLAT
OF THE PROPERTY AT:
387 ORONO ORCHARD ROAD SOUTH
FILE NO. LA18-000062
WHEREAS on December 26, 2018, Sven Gustafson (hereinafter the "Developer"),
is the owner of the property within the City of Orono (hereinafter the "City") addressed 387 Orono
Orchard Road South; and
WHEREAS, the Developer made application for Preliminary Plat approval to create
two buildable lots from the property legally described as:
Lots 1 and 2, Block 1, SMITH-DETTLOFF ADDITION, EXCEPT that part lies
northerly of a line described as follows, Commencing at the southeast comer of said
Lot 1; thence North 0 degrees 05 minutes 55 seconds West along the east line of Lot
2 a distance of 410.99 feet to the northeast comer of Lot 2, the point of beginning,-
thence
eginning,thence North 84 degrees 25 minutes 53 seconds West a distance of 261.89 feet,-
thence
eet,thence North 50 degrees 30 minutes 10 seconds West a distance of 589.61 feet,-
thence
eet,thence North 0 degrees 07 minutes 06 seconds West a distance of 115.50 feet to the
north line of Lot 2 and there terminating, Hennepin County, Minnesota, (hereinafter
the "Property");
WHEREAS, on January 22, 2019, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, on January 22, 2019, the Planning Commission recommended
approval of the preliminary plat; and
WHEREAS, on February 11, 2019, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff;
WHEREAS, the City Council reviewed the proposal at a regular meeting held on
February 11, 2019, and hereby made the following findings with regards to this application:
CITY OF ORONO
RESOLUTION OF THE ITY COUNCIL
NO. 694 1
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA18-000062. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2. The Property is guided for Low Density Residential in the 2030 Community Management
Plan.
3. The Property is located in the RR -1 B One Family Rural Residential Zoning District. The
proposed lots meet the dimensional standards and setbacks established for the RR -1 B
district.
4. The Property is proposed to be served via a private shared driveway accessing Orono
Orchard Road South at the northern point of "Parcel A" on the grading plan attached as
Exhibit B and meeting up with the existing drive serving the home. The driveway will be
expanded to serve "Parcel B" and an access easement should be established for each of
proposed lots; a maintenance agreement for the private driveway should also be provided
by the developer. According to Orono Code, a maximum of two lots can be served via a
private driveway.
5. The Conservation Design Report by Anderson Engineering dated 06/21/18 provides an
overview of the natural site characteristics. The plan outlines the Developer's intent to
protect significant tree stands; and removal of invasive and diseased trees will be done on
an as -needed basis. The goal of the development's design and grading plan is to minimize
tree removal and clearing.
6. The Developer has prepared grading plans to manage stormwater on site without
negatively impacting adjacent parcels. The developer shall coordinate with the Minnehaha
Creek Watershed District (hereinafter the "MCWD") and provide confirmation regarding
the permits or approvals they will require for this subdivision.
According to the Applicant's Anderson Engineering report, conservation easements shall
be established which will protect the wetland buffer areas as required by the MCWD.
Additionally, according to the report, there were to be stormwater infiltration basins
installed, following MCWD approval of a stormwater plan, the grading plan should be
updated to reflect any necessary stormwater pond areas prior to final plat approval.
Placement and sizing will be determined by the MCWD Rules.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 4 1
7. The Developer has proposed grading on "Parcel B" to establish a new engineered
(building pad) grade for building height determination. At this time, the existing home on
proposed "Parcel A" will remain.
8. The Property is not located within the Metropolitan Urban Service Area (MUSA).
Therefore City sewer is not available to serve the Property. Septic system designs for each
of the lots has been provided which appear to be acceptable.
9. The Parks, Trails and Open Space element of the Orono Community Management Plan
(CMP) has no plans for trails that may specifically require dedication of land from the
Property.
10. The Park Fee is determined as 8% of the fair market value of the land being subdivided,
but must be between a minimum of $3,250 and a maximum of $5,550 per residential
dwelling unit. For the proposed development, the Park Fee would be based only on the
one new lot. The City will confirm the park dedication fee required at the time of final plat.
11. The development is subject to the current 2019 Stormwater and Drainage Trunk Fee.
12. In considering this application for preliminary plat, the Council has considered the advice
and recommendation of the Planning Commission and the effect of the proposed plat upon
the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in
the surrounding area.
CONCLUSIONS, ORDER AND CONDITIONS:
NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings,
the Orono City Council hereby grants Preliminary Plat Approval to allow the subdivision of the
Property into 2 building lots, as depicted on the preliminary plat drawing and grading plan dated
12/07/18 prepared by Frank R. Cardarelle, attached as Exhibits A & B, subject to the following
conditions:
1) Approval is subject to MCWD approval and permits as required. Final Plat approval shall not
be granted until the Developer has provided evidence that all required MCWD permits have
been obtained.
2) City Engineer approval is subject to the recommendations of the City Engineer and any
forthcoming comments as may be warranted.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 4 1
3) Development shall adhere to the proposed Anderson Engineering Conservation Design
Report.
4) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in
Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and
the MCWD shall be in place prior to commencing grading and excavation on the site. All such
erosion control measures shall be maintained in working order until the site is vegetated and
stabilized.
5) The Developer shall provide a maintenance agreement meeting the MCWD's requirements to
outline responsibility for all future maintenance activities related to the stormwater facilities
and the Conservation Plan.
6) Existing grade for "Parcel B" building height determination shall be the proposed grades as
shown on the Grading and Site Plan dated 12/07/18. The final grading plan as approved will
establish new existing grades for building pads.
7) The construction limits shall be clearly marked with adequate fencing to prevent any
construction damage or disturbance of any trees and vegetation outside of the construction
limits area. Developer shall identify trees to be preserved on site, shall mark them on a site
plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are
not disturbed.
8) This approval is based upon the known issues that may affect this project, but this approval
does not limit the City from revising or amending these conditions as the review process
continues.
9) Upon evidence of resettlement history, the Developer shall cease all activity and contact the
City and the State Historical Preservation Office prior to proceeding.
10) Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
11) Easements Required.
a. Drainage and Utility Easements shall be dedicated to the public on the final plat
10' along all exterior property lines, and 5' either side of interior property lines,
except such easements shall be increased to accommodate drainage where
required, subject to City staff approval.
b. A Drainage and Utility easement shall be dedicated to the public on the plat over
the storm water pond area and storm water facilities.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 4 1
c. A Drainage Easement shall be granted over wetlands on the Property.
d. Driveway Easement and Maintenance Agreements.
12) Development Fees:
a. Stormwater and Drainage Trunk Fee: The development is subject to the 2019
Stormwater and Drainage Trunk Fee of $8,060.00 per lot in a 2 acre zone.
Therefore $8,060 x 2 lots = $16,120.00.
b. Park Dedication Fee: [$5,550 x 1 new lot] = $5,550.
13) Plans and Specifications. The following plans and specifications shall be submitted for review
and approval by the City and other appropriate jurisdictions prior to final plat approval, to
ensure that the proposed plat will accomplish the intended purposes:
a) Final grading, drainage and erosion control plan showing existing and proposed
contours, anticipated building locations, elevations, stormwater facilities and
calculations, utilities and erosion control measures to be used during construction.
Final Plat Approval will not be granted until the MCWD has approved the stormwater
management plans.
b) Final stormwater management plan.
c) Final stormwater pollution prevention plan (SWPPP).
d) Final plans for installation of the development identification monument sign, if
applicable. A separate Sign Permit is required prior to installation.
e) Sufficient detail to meet the recommendations of the City Engineer.
14) Developer shall execute a Developer's Agreement for construction of improvements on the
Property to ensure all site improvements are installed to the City's specifications and
satisfaction. Said Developer's Agreement may contain additional conditions not noted in this
Preliminary Plat Approval resolution. No land alterations can take place until erosion control
is established and the City is in receipt of a final grading. No improvements can begin until
the City Engineer has approved all improvement plans. No improvements can begin until 24
hours after the final plat has been recorded with Hennepin County. A Letter of Credit must
accompany a fully executed Developer's Agreement written to 150% of the cost of the
proposed site improvements. No building permits will be issued until all drainage facilities and
improvements have been installed and inspected.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 4 1
15) A pre -construction meeting shall be required prior to commencement of any development site
work on the property.
16) Council approval is based on the entire record, above Findings. Any amendments to the plans
which are not in conformity with City codes may require further Planning Commission and City
Council review.
17) Authorities granted by this resolution run with the Property not with the owners, but are
permissive only and must be exercised by filing a Final Plat application within one year of the
date of Council approval, or the preliminary plat approvals will expire on that date (February
11, 2010). If Final Plat approval is not granted by that date, the terms and conditions of this
resolution shall be null and void. The City Council at its sole discretion may extend the
effective period of the preliminary plat.
FINAL SUBMITTALS:
Developer shall complete all requirements for Final Plat Approval as follows. The following list of
final submittals must be submitted to the Planning Department at least four (4) weeks prior to the
regularly scheduled Council meeting on the second and fourth Mondays of the month. These
submittals are as follows:
Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one
copy for the City's records and one for filing with Hennepin County) and one (1) copy
reduced to 1" = 200'. A digital copy is also required. Drawing to include:
a. Lot lines platted per preliminary plat survey/drawing by Frank Cardarelle dated
December 7, 2018 attached hereto as Exhibit A, except as modified herein.
b. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5'
along the interior property lines, and over the stormwater pond, ditches and
facilities.
c. Dedication of "Drainage Easements" over the wetlands and drainageways.
d. Name of plat.
2. Legal documents required:
a. Title opinion addressed to the City or a title insurance policy in favor of the City. All
owners, mortgage holders or others with property interest indicated therein shall
sign the plat and all other documents affected by such interest.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
b. The Developer must provide certified copies of all recorded easements currently
affecting the Property.
c. Signed Developers Agreement.
d. Signed Private Driveway Easement and Maintenance Agreements.
e. Signed Tree Preservation Easement/Covenants.
f. Signed Covenant to Protect Drainfield Sites.
3. Financial Guarantee. The Developer shall submit a final plat review escrow in the
amount of $2,500.00 with the final plat application.
Additionally, the Developer's Agreement shall include a financial guarantee by the
Developer to ensure the completion of site improvements. The Developer's engineer shall
complete an estimate of improvement costs, including but not limited to storm sewers,
landscaping, grading, erosion control, utilities, driveways and stormwater management
facility construction which the City's Engineer will verify. The Developer shall provide to
the City a financial guarantee of 150% of the improvement costs.
4. Plat approval fees to be paid: Total due: $22,170.00
a. Final plat fee: $500.00.
b. Park Dedication Fee: $5,550.
c. Stormwater and Drainage Trunk Fee: $16,120.00.
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 11th day of February, 2019.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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AGENDA ITEM
Item No.: 11 Date: June 24, 2019
Item Description: 2019 Contract Street Maintenance — Change Order
Presenter: David (DJ) Goman Agenda Consent Agenda
Streets and Stormwater Supervisor Section:
1. Purpose. The purpose of this action item is to gain Council approval for change order of contracted
road patching for 2019.
2. Background. On May 28' 2019 council accepted the quote from GMH Asphalt for pavement repairs
to Fox Street, Willow Drive, Crystal Bay Road and Orchard Park Road. During the work on Fox Street it
was discovered the damage to the pavement was more extensive that originally estimated. As a result
additional patching was required. The original quote was for the westbound lane only. We found the
eastbound lane was in tough shape and we overlaid that portion as well. This doubled the quantity of
Asphalt put down.
3. Change Order. The Fox street portion of the original quotes was for $16,711.01. As constructed the
value of the work is $ 28,729.88 a difference of $12,018.87. The overall project was quoted at
$38,994.88. As changed the total project cost $51,013.75
4. Funding. The 2019 Public works plan and CIP estimated $50,000 for contract patching for 2019.
The work is be funded by the Pavement Management Fund.
5. Staff Recommendation. Staff recommends approval of change order.
COUNCIL ACTION REQUESTED:
Move accept the Change Order and authorize payment of invoice from GMH asphalt for the Fox Street
patching portion of the 2019 contracted Street Patching Project.
References:
Contracted Street Maintenance Authorization Council Action, dated May 28" 2019.
Prepared By: DG
Reviewed By:
Approved By: -19X
AGENDA ITEM
Item No.: 12
Item Description: Accounting Software Update
Date: June 24, 2019
Presenter: Ron Olson Agenda Finance Director's
Finance Director Section: Report
1. Purpose. The purpose of this agenda item is to obtain council approval for an upgrade to the City's
current accounting software.
2. Background. The City currently uses Caselle Clarity for its accounting software. This product was
developed and marketed by Civic Systems which is a wholly owned subsidiary of the accounting firm
Baker Tilly. The software was purchased in 2009 at a cost of $75,000. Overall, staff has been satisfied
with both the product and the support received from Civic Systems. However, after ten years it is time to
upgrade to a current version of the software. This will allow the department to use software that has been
written for today's technological and security environments.
The purchase cost of the connect software with the modules that the City currently utilizes would be
$54,000. Civic Systems is offering an upgrade discount of $40,000 to their current customers. This
reduces the cost of the upgrade to $14,000. Staff feels that this cost is very reasonable for an upgraded
accounting system. If the City was to move to a completely new system, the cost for the change would be
in the $75,000 to $100,000 range. Civic Systems also is moving to a model similar to other software
providers with their "Software for Life" program. Our annual support costs would increase by 5.5%
($490 in the first year) each of the next five years. At that point all future upgrades will be included in
our annual support fee.
As part of the upgrade, staff would like to purchase two additional modules. The first is the miTime
module which will allow individuals to enter hours electronically instead of using paper timesheets. This
would automate the data entry portion of the payroll process while insuring that the approval process is
maintained. The other module is the miAP Workflow. With this module, the Finance Department would
scan invoices into the AP system and they would then be electronically distributed to departments for
approval and coding. Currently paper copies of invoices are sent out for approval. At times these
invoices do not make it back to finance for payment, and late payments can result. By having the files
processed electronically, Finance can maintain better control of the approval process. It will also
eliminate the need to scan the invoices after they are paid which staff currently does.
3. Cost. The costs for the improvements are as follows:
• Upgrade to Connect $14,000
• miTime Module 6,900
• MiAP Workflow 7,500
$28,400
4. Funding. Funding for the upgrade and additional modules will be from the Improvement &
Equipment Outlay fund. The annual support costs will be paid by the newly created IT Services
Fund.
5. Staff Recommendation. Staff recommends approval of the purchase of the upgrade and additional
modules.
Prepared By: Sle Reviewed By: Approved By: ��GZ
AGENDA ITEM
COUNCIL ACTION REQUESTED
A motion to approve the accounting software upgrades as requested.
Exhibits
A. Civic Systems Software Proposal
B. Connect Overview
Prepared By: iq je Reviewed By: -TjZ Approved By: Ib)
Computer Software and
Conversion Services Proposal
City of Orono
Prepared by Civic Systems, LLC
49 Civic Systems
STRONG SOFTWARE, STRONG COMMUNITY
A SUBSIDIARY OF BAKER TILLY VIRCHOW KRAUSE, LLP
Civic Systems, LLC
Ten Terrace Court
P.O. Box 7398
Madison, WI 53707-7398
Phone: 888.241.1517
Fax: 608.249.1050
n-daesch@civicsystems.com
www.civicsystems.com
February 23, 2018
Civic Systems, LLC
Ten Terrace Court
P.O. Box 7398
Madison, WI 53707-7398
City of Orono
2750 Kelley Parkway
Crystal Bay, MN 55323
You agree to purchase the software and services detailed below and Civic Systems, LLC agrees
to provide them. Payment is due upon execution of the contract unless other payment
terms are negotiated. The information provided in this proposal is valid for 90 days.
INVESTMENT SUMMARY
Connect License Fees (5 Concurrent Users) $ 54,000
Less Connect Upgrade Discount (40, 000)
Conversion/Setup* 0
Training * * 0
TOTAL INVESTMENT $ 14,000
SOFTWARE FOR LIFE: Software for Life provides the assurance that the
City will never have to purchase another upgrade at any point in the future.
As a result, the City will always be on the latest version of the software. To
attain the Software for Life Premium, annual support will increase 5.5% each
of the next five (5) years.
*Conversion is provided at no additional cost.
**Training is done through videos through the support portal.
Civic
Systems
STRONG SOFTWARE, STRONG COMMUNITY
A SUBSIDIARY OF BAKER TILLY
VIRCHOW KRAUSE, LLP
SIGNATURE AGREEMENT
The signatures below indicate each party's acceptance and understanding of the
Computer Software and Services Contract, Attachment A — Caselle Software
Distribution Agreement, and Attachment B — Civic Support Agreement.
CITY OF ORONO. MN
Signature:
Title:
Date:
CIVIC SYSTEMS, LLC
Signature:
Title:
Date:
LICENSE FEES (5 CONCURRENT USERS)
Connect Upgrade Modules
License
Fee
Conversion
Training
Cost
Total
Investment
Based on 5 Concurrent User Licenses
$ 4,000
$ 0
$ NA
$ 4,000
Accounts Payable
7,700
Included
NA
7,700
Check On Demand
Included
Included
NA
Included
Accounts Receivable
5,500
Included
NA
5,500
Cash Receipting
4,500
Included
NA
4,500
General Ledger
7,500
Included
NA
7,500
Activity Reporting
Included
Included
NA
Included
Bank Rec
Included
Included
NA
Included
Budgeting
Included
Included
NA
Included
miExcel GL
Included
Included
NA
Included
miViewPoint
FREE
Included
NA
FREE
Payroll
11,200
Included
NA
11,200
Electronic Submittals (Ws2 and 1099s)
Included
Included
NA
Included
Direct Deposit
Included
Included
NA
Included
miPay Online
FREE
Included
NA
FREE
Utility Billing
13,600
Included
NA
13,600
Direct Pay
Included
Included
NA
Included
Electronic Read Interface
Included
Included
NA
Included
PSN File Swap
Included
Included
NA
Included
Service Orders
Included
Included
NA
Included
Tax Certification
Included
Included
NA
Included
Less: Connect Upgrade Discount4(
0,000)
--
--
40 000
TOTALS COSTS
*Conversion is provided at no additional cost.
**Training is done through videos through the support portal.
***An Annual Support increase of 5.5% each of the next 5 years will get the City to the Software for Life Premium.
IVIG
Systems
STRONG SOFTWARE, STRONG COMMUNITY
A SUBSIDIARY OF BAKER TILLY
VIRCHOW KRAUSE, LLP
OPTIONAL MODULES
Selected Product Descriptions
License Fee 5
Concurrent
One -Time
conversion/
setup
Training
and Onsite
Assistance
Cost/Days
Year one Total
w/o Support
Annual
Fees*
Concurrent Users Above 5 (each)
$ 2,000
$ 0
$ 0
$ 2,000
$ 600
Accounts Payable Add Ons
Excel Add -In AP (P -card Import)
1,000
--
--
1,000
300
Cash Receipting Ad Ons
CR Payment Import (Real Time Interface)
2,700
--
--
2,700
540
Payroll Ad Ons
Excel Add -In PR
2,500
--
600
3,100
750
miTime (Individual Time Entry and Approval WF)
4,500
1,200
1,200
6,900
1,350
miViewPoint Add On
miAP Workflow
4,500
1,800
1,200
7,500
1,350
Utility Billing Add Ons
Mobile Service Orders
2,700
600
300
3,600
810
*Above amounts do not include travel expenses
**If Online Bill Presentment is chosen additional setup and training payments along with all transaction and hosting payments are
paid to the online billing provider. These prices can be provided by our Preferred Vendor.
Excel Add -In AP - Allows for easy import of P Card information from the bank without reentering it manually.
Cash Receipting Payment Import - Civic will establish an import file from your cash receipting to input customer payments.
Excel Add -In PR - Allows individuals or departments to fill out excel based time sheets electronically to import seamlessly into
timekeeping or directly into payroll along with providing the ability to import files from a time clock system. This module eliminates re -
keying hours and provides additional functionality such as importing of steps and grades from Excel, easily update pay schedules from
Excel, along with providing export capabilities for Rates, Pay Codes, GL by pay periods and benefit info.
miTime - Allow employees to enter payroll hours over the web. Submitted time then goes through a predefined approval process to ensure
accuracy. This module can eliminate the paper headache of the payroll process.
miAP Workflow- It doesn't matter if your AP process starts at a central location, within each department or both you will find our workflow
system can handle your needs. Items are scanned and can be attached to multiple predefined customized workflow processes based on the
department it is for, the dollar amount or a combination of both. Invoices can be coded at any step of the way through the final approval
and once the final approval is made the images get attached into Account Payment and into miViewPoint for easy look up.
Mobile Service Orders- This module is an add on to service orders which allows service orders to be assigned and then completed in the
field using your mobile device. The mobile devise will receive notification if a service order is added and a map of where that service order
is located will be present. Once items are completed it is updated to the service order application in the Caselle system. If you are using
miViewPoint there will be a screen that shows you outstanding service orders along with a pin map of where those service orders are
located.
HARDWARE REQUIREMENTS
Network System Requirements — Caselle° Connect — Network
Important! Using servers or workstations that do NOT meet the specified network system requirements may result in
unsatisfactory performance and response times. This document lists the minimum hardware and software requirements
for installing Connect.
Network Server Operating System Microsoft ® Windows 2008 R2, 2012, 2012 R2 or 2016 Server (64-bit)
Network Server Equipment Intel® Xeon® Quad -Core Processor 3.0 Ghz or higher IMinimum 16 GB of available RAM 130
GB available disk space for Caselle Connect applications (180 MB) and data I Separate physical
hard drive for SQL log file 8-15 K SAS HDD preferred I Color SVGA .28 Monitor I 1 GB
Ethernet Network Card 11 GB Ethernet Switch I DVDRW Drive
All hardware must be Microsoft® certified (request printed certification documents). Intel® CoreTM i3, Intel® Celeron®, and AMD
SempronTM, and Intel® Pentium processors are NOT recommended.
Database Server Equipment and • Use the Recommended Network Server. For better performance, increase memory on network
Operating System server or, use a separate Database Server (same specifications as the Network Server).
• Networks with more than ten workstations may require faster processors and/or more memory
than the recommended.
Database Software Microsoft® SQL Server 2012 (64-bit), 2014 (64- bit) or 2016 (64-bit)
Network Server and Database Server True On -Line UPS, 600 Voltamps minimum with UPS Monitoring card, cable, and software.
Power Protection
Workstation Computer Intel Core 2 Duo, i5, or i7 (3 GHz or higher) 18 GB of available RAM 130 GB available disk
space for Caselle Connect applications (180 MB) and data I LCD Monitor
All hardware must be Microsoft® certified (request printed certification documents). Intel® CoreTM i3, Intel® Celeron®, and AMD
SempronTM, and Intel® Pentium processors are NOT recommended.
Workstation Operating System Windows 7TM 8TM or JOTM Professional (32-bit or 64-bit).
Workstation Power Protection UPS/Battery backup unit
Backup System Network quality system to back up fileserver hard drive on one tape and provide tape read after
write verification. Make sure the backup system supports backing up MSSQL Databases.
Example: Backup Exec with SQL Agent.
Data File Transfer DVDRW Drive
Printer HP Laser Printer or Canon Copiers with PCL or Postscript Drivers
Receipt Printer Ithaca Series (Impact) 150 and 280 Printers, Ithaca Series (Thermal) 280, Ithaca 9000 Series
and 1500 Series Printers
Internet Access DSL, ISDN, or T1
Explanation: Caselle® Applications require Internet access to download program updates. Using an
Internet connection that is slower than 256 Kbps will take significantly longer to download data.
Email Email that is compatible with Microsoft® Windows.
Network Installer Microsoft® Certified
Web Services IIS 7 (Windows Server 2008, 2012)
miViewPoint IIS 7 or later 130 GB of available disk space for miViewPoint on the IIS and SQL Servers I
Only needed if Modern Web Browser on any PC using miViewPoint (IE11 or greater, up to date Chrome, or up
miViewPoint is
being installed. to date Firefox) If miViewPoint is made internet available a modern mobile browser is required.
Caselle Software Distribution Agreement
Caselle
1570 North Main
P.O. Box 100
Spanish Fork, Utah 84660
("Caselle")
CASELLE, INC.
SOFTWARE LICENSE AGREEMENT
CASELLE AGREES TO PROVIDE THE SOFTWARE TO YOU, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
Grant of License
Caselle agrees to grant, and You agree to accept a limited, non-exclusive license ("License") to use the computer programs, with the accompanying manuals, video
tapes, literature and other materials ("Software") as detailed under Items, in perpetuity subject to the terms and conditions of this Software license Agreement and
subject to termination as provided herein.
Title and Confidentiality
Title and full ownership rights to the Software licensed under this agreement, including, without limitation, all intellectual property rights therein and thereto, and any
copies You make, remain with Caselle. It is agreed the Software is the proprietary, confidential, trade secret property of Caselle, whether or not any portions thereof
are or may be copyrighted and You shall take all reasonable steps necessary to protect the confidential nature of the Software as You would take to protect Your own
confidential and trade secret information. You further agree that You shall not make any disclosure of any or all such Software (including methods or concepts
utilized therein) to anyone, except to employees, agents, or contractors working for You to whom such disclosure is necessary to the use for which rights are granted
hereunder. You shall appropriately notify all employees, agents, and contractors to whom any such disclosure is made that such disclosure is made in confidence and
shall be kept in confidence by them. Upon Caselle's request, such employees, agents, and contractors shall enter into an appropriate confidentiality agreement for
secrecy and nonuse of such information which by its terms shall be enforceable by injunctive relief at the request of Caselle. If Caselle makes such a request, it shall
provide You with the appropriate confidentiality agreements. The obligations imposed by this section upon You, Your employees, agents, and contractors, shall
survive and continue after any termination of rights under this Agreement. It shall not be a breach of this agreement if you are required to disclose or make the
Software available to a third party or to a court if the Software is required to be disclosed pursuant to a state's "open records" law, or is subpoenaed or otherwise
ordered by an administrative agency or court of competent jurisdiction to be produced.
License
You may:
a) Use the Software on a single CPU or network ("System") for the appropriate number of users. The Software may be moved to and used on another System, but
shall under no circumstances be used on more than one System at a time.
b) Make System readable copies of the diskettes provided with the Software as required for backup protection. Such copies may only be used in support of Your use
of the Software on the System and may not be used for any other purpose. Each of these copies must have a label placed on the media indicating the Software is a
proprietary product of Caselle.
You may not:
a) Rent, lease, sublicense, assign or otherwise transfer this Software, in whole or in part, except as expressly permitted by this Agreement.
b) Inspect, disassemble, decompile, reverse engineer or in any way attempt to determine the internal methods of the Software.
c) Modify the Software or merge it into any other product without the express written consent of Caselle.
d) Reproduce, transmit or distribute the Software, or any part of it, in any form or by any means except as expressly permitted in this Agreement.
e) Permanently transfer or assign the Software and the rights under this License to another party without the express written consent of Caselle.
f) Use the Software to provide accounting services to multiple government agencies other than Your own.
Any attempt to do any of the above (a to e) shall void and terminate this Agreement.
Term
This Software License Agreement is and shall be effective from the date of full execution and shall remain in force until terminated. You may terminate this
Agreement at any time by notifying Caselle in writing and returning all copies and modifications of the Software within 30 days of such notification. Your License
terminates automatically if you materially fail to comply with any terms or conditions of this Agreement and You must return all copies and modifications of the
Software to Caselle or its agent within 30 days of receipt of written notification of such termination. For each day You retain the Software without a valid license You
agree to pay Caselle $100.
Warranty
a) Caselle warrants that it has sufficient right and title to the Software to grant You this License. For 1 year from the date of receipt of the Software
("Warranty Period"), Caselle also warrants the Software media to be free from defects in materials and workmanship under normal use, and
Software operation will substantially conform to the specification published by Caselle. If an error or a defect in the Software or its media
becomes apparent within the Warranty Period You must promptly notify Caselle, in writing, describing the defect. Upon confirming the error or
defect Caselle will, at its exclusive option, repair or replace the item or refund the price paid for the defective item. Caselle does not warrant that
the functions contained in the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error free. The
entire risk as to the results and performance of the Software is assumed by You. The warranty does not cover Software modified by anyone other
than Caselle and problems with, or caused by, computer hardware or non-Caselle software.
b) Caselle represents and warrants that the Software is Year 2000 compliant; that it shall not cause the system to crash on account of indefinite date or data fields;
that it shall be fault -free in processing date and data (including, but not limited to, calculating, comparing and sequencing) prior to, through and beyond January
1, 2000, including any leap year calculations.
Disclaimers and Limitations of Remedies
a) Except as specifically stated in this Agreement, the Software is Licensed "as is" without warranty of any kind, either express or implied, including, but not
limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Caselle be liable for any indirect, special or consequential
damages, including, but not limited to, loss of anticipated profits, revenue or savings, arising from the use of or inability to use the Software or breach of any
expressed or implied warranty, even if Caselle or its agent has been advised of the possibility of such damages. The maximum liability of Caselle for all
damages from any claims shall not exceed the License fee for the Software.
b) In the event that the parties are unable to resolve differences, which may arise relating to this Agreement, all disputes rising from this Agreement
shall be resolved through binding arbitration in Utah. The arbitration shall be governed by the most recently published Commercial Arbitration
Rules of the American Arbitration Association. Both parties agree to submit disputes to a single arbitrator acceptable to both parties. The
arbitrator will be selected from a list compiled by the parties' respective legal counsels. Every person named on the list of potential arbitrators
must be a neutral and impartial lawyer who has at least ten years specializing in the field of general commercial litigation and is knowledgeable
about software. The arbitrator shall base its award on applicable law and judicial precedent and unless both parties agree otherwise shall include
in such award the finding of fact and conclusions of law upon which the award is based. Judgment on the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof.
Additional Services
Support, Training and Data Conversion for the Software will be provided directly by Caselle, or its authorized agent, and are subject to separate agreements.
General
a) The Warranty and Limitation of Remedies gives You specific legal rights. You may also have other rights, which vary from state to state, in which case the
greater right will apply.
b) This Agreement shall be governed and construed in accordance with the laws of the State of Utah and you hereby consent to the jurisdiction of State and Federal
courts in Utah. If any part of this Agreement violates applicable law, that part shall be deemed to be amended to the extent necessary to comply with the law.
c) This Agreement constitutes the entire Agreement between Caselle and You and supersedes any prior Agreement or understanding, written or oral. Except as
provided herein, this Agreement may not be amended or supplemented except in writing and properly executed by both parties.
d) If any provision of this Agreement shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of
this Agreement or the validity or the enforceability of this Agreement.
e) All rights and remedies provided herein are cumulative and are in addition to all other rights and remedies available at law or equity.
f) In the event that either party successfully takes legal action to enforce any provision of this Agreement the unsuccessful party shall pay full costs and expenses
of such action, including reasonable attorney's fees.
g) Any notice required by this Agreement shall be deemed to have been properly given if sent by registered or certified mail.
h) The waiver of any breach or default of this Agreement shall constitute a waiver only as to such particular breach or default and shall not constitute a waiver of
any other breach or default.
i) Neither party shall be held liable for delays in any of its performance resulting from acts of God, war, civil disturbance, court order, labor dispute or any other
cause beyond its control.
CIVIC SUPPORT AGREEMENT
This Support Agreement is made by and between the CITY OF ORONO (client), 2750 Kelley Parkway, Crystal Bay, MN
55323, and CIVIC SYSTEMS, LLC (Civic), Ten Terrace Court, Madison, Wisconsin 53707-7398.
TERMS AND CONDITIONS
1. DEFINITIONS
For purposes of this Civic Support Agreement, the subsequent capitalized terms will have the following
meanings:
A. "Client" — Will denote the CITY OF ORONO, MN.
B. "Civic" — Will denote Civic Systems, LLC.
C. "Services" — Will denote services related to software training, onsite implementation assistance, and
conversion services, as more specifically set forth in the "Conversion Services" attached hereto as Attachment
«B„
D. "Software" — Will denote end user computer programs and modules purchased by the Client from Civic, as
more specifically set forth in the "Cost Detail' attached hereto as Attachment "A".
E. "Product' — Will denote any goods or services produced by a third -party entity other than Civic.
2. TERM
The initial term of this Support Agreement is for a period of 1 year(s) from the effective date. The effective date is defined
as the date the first module is implemented and considered "live". Upon expiration of the initial term of the Support
Agreement, it shall be deemed renewed with the same terms and conditions for further successive periods of one (1) year(s)
unless either party has given the other party written notice not less than thirty (30) days prior to the expiration of the initial
term or subsequent renewal term(s).
3. CHARGES
Civic will invoice client on the effective date and semi-annually thereafter. Invoices are sent in December for Support
services rendered in the subsequent six (6) months for January through June. Invoices are sent in June for Support
services rendered in the subsequent six (6) months for July through December. All invoices are due within 30 days of the
invoice date. Invoices not paid within 30 days are subject to 1.5% interest per month or an annual interest rate of 18% per
year. Civic will cease any and all Support services for any invoice not paid within 90 days until payment is made in full.
Civic has the right to increase support charges at each anniversary or the effective date. Written notice of such increases shall
be given to client not less than thirty (30) days before the anniversary of the effective date.
4. SERVICE HOURS
Civic will provide telephone and web support service five business days a week, from 8 AM to 5 PM Central Standard Time,
excluding nationally recognized holidays. Annual support charges do not cover on-site support.
5. SERVICE NOTIFICATION
Client shall notify Civic of support tickets, by contacting Civic support and identifying the issue and symptoms. Notification
may be made to Civic via telephone, web, e-mail or fax, as outlined below and in any of the methods outlined in the
SOFTWARE SUPPORT section below.
Telephone:
608 240 2600
Toll -Free:
800 241 1517
Fax:
608 249 1050
E-mail:
support@civicsystems.com
Website:
http://www.civicsystems.com
6. TERMINATION OF AGREEMENT
This Support Agreement may be terminated as outlined under the TERM section above. In addition, Civic or client shall
terminate this agreement immediately upon written notice thereof to the other party, in the event the other party shall have
breached a material provision of this Support Agreement, which breach shall not have been cured within a thirty (30) day
period. If breach is not capable of being cured within such thirty (30) day period, this Support Agreement shall not be
terminable so long as the party committing such breach shall have established to the reasonable satisfaction of the other party
that it is using all diligent efforts to effect such cure.
This Support Agreement may be terminated by either party effective immediately and without notice, upon: (i) the
dissolution, termination of existence, liquidation or insolvency of the other party, (ii) the appointment of a custodian or
receiver for the other party, (iii) the institution by or against the other party of any proceeding under the United States
Bankruptcy Code or any other foreign, federal or state bankruptcy, receivership, insolvency or other similar law affecting
the rights of creditors generally, or (iv) the making by the other party of any assignment for the benefit of creditors.
7. ASSIGNMENTS
Civic shall not assign, transfer or pledge this Support Agreement and/or the services to be performed, whether in whole or
in part, nor assign any monies due or to become due to it without the prior written consent of client. A consent to assign
shall be subject to such conditions and provisions as client may deem necessary, accomplished by execution of a form
signed by client, Civic, and the assignee.
8. PLACE OF USE
The Customer shall provide a suitable, clean location for the installation and operation of the Product, including adequate
surge protection on the electrical supply source.
9. RISK OF LOSS
This Support Agreement does not cover service, maintenance or repair necessitated by loss or damage resulting from any
cause beyond the control of Civic, including, but not limited to loss or damage due to fire, water, lightning, earthquake, riot,
unauthorized service or modifications, theft, or any other cause originating outside the Product.
10. PERFORMANCE
Civic shall exercise its best efforts in performing services covered under this Support Agreement, but shall not be liable for
damages, direct or otherwise, for failure to perform services at a location deemed hazardous to health or safety or arising out
of delays or failure in furnishing parts or services caused by Acts of God, Acts of Government, labor disputes or difficulties,
failure of transportation or other causes beyond its control, or for any consequential damage whatsoever.
11. LIABILITY
Civic is only obligated to provide software support services for the most currently released version of the Software, and the
immediately preceding version. Civic shall not be responsible, nor incur liability of any kind, nature or description to client,
its agents or employees or any other firm or corporation, whether direct or consequential, in event of failure or fault in
condition or operation of the Product or for errors of omission in the transmission or display of information arising from the
actual or alleged use of operation of the Product.
11. Warranty
A. Each party represents and warrants to the other that it has full power and authority to enter into and perform this
Agreement and the person signing this Agreement on behalf of each party hereto has been properly authorized and
empowered to enter into this Agreement.
B. Client warrants that it has the legal right and authority, and will continue to have the legal right and authority during the
term of this Agreement, to operate, configure, provide, place, install, upgrade, add, maintain and repair (and authorize
Civic to do any of the foregoing to the extent the same are included in the Services) the hardware, software and data that
comprises any of client's information technology system upon which or related to which Civic provides Services under
this Agreement.
C. Civic represents and warrants that materials produced or used under this contract, including but not limited to software
hardware, documentation, and/or any other item, do not and will not infringe upon any intellectual property rights of
another, including without limitation patents, copyrights, trade secrets, trade names, and service marks and names.
D. If a third party claim that the Software infringes upon any intellectual property rights of another which causes client's
reasonable use of the software or other material supplied under this contract to be seriously endangered or disrupted, Civic
shall promptly, without additional charge to client either procure for client the right to continue using the software or
other material, or replace or modify that software or material so that it becomes non -infringing, provided that such
replacement or modified software or material has the same functional characteristics as the infringing software or
material. If none of the foregoing alternatives are possible even after Civic's best efforts, client shall have the right at its
election, to terminate the license to the infringing software and Civic shall promptly refund to client all fees, costs, and
charges paid by client to Civic for that software or material and any other software or material reasonably rendered
ineffective as the result of said infringement.
E. Civic warrants that any Services that it provides to client under this Agreement will be performed in accordance with
generally accepted industry standards of care and competence. Client's sole and exclusive remedy for a breach of Civic's
warranty will be for Civic, in its sole discretion, to either: (i) use its reasonable commercial efforts to re -perform or
correct the Services, or (ii) refund the fee client paid for the Services that are in breach of Civic's warranty. Client must
make a claim for breach of warranty in writing within thirty (30) days of the date that the Services that do not comply
with Civic's warranty are performed. This warranty is voided in the event that client makes alterations to the Services
provided by Civic or to the environment in which Services are used (including the physical, network and systems
environments). If client does not notify Civic of a breach of Civic's warranty during that 30 -day period, client will be
deemed to have irrevocably accepted the Services.
F. Civic does not warrant any third -party product (each, a "Product"). All Products are provided to client by Civic "AS IS."
Civic will, to the extent it is allowed to by its vendors, pass through any warranties and indemnifications provided by the
manufacturer of the Product. Client acknowledges that no employee of Civic or any other party is authorized to make any
representation or warranty on behalf of Civic that is not in this Agreement.
12. LIMITATION ON LIABILITY
In no event will Civic's liability exceed the license fees, services, and support fees paid to date by the Customer to Civic.
This limitation of liability is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any
claim asserted, including the negligence of either party. In no event shall either party be liable for ANY lost profits, LOST
Business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages arising out of or related to
this Agreement.
Customer will indemnify Civic, its parent company (Baker Tilly) and their present or former partners, principals, employees,
officers and agents against all costs, fees, expenses, damages and liabilities (including attorney's fees and all defense costs)
associated with any third -party claim, relating to or arising as a result of the Services of this Agreement.
In the event Civic is requested by the Customer; or required by government regulation, subpoena, or other legal process to
produce its engagement working papers or its personnel as witnesses with respect to its Services rendered for the Customer,
so long as Civic is not a party to the proceeding in which the information is sought, Customer will reimburse Civic for its
professional time and expenses, as well as the fees and legal expenses, incurred in responding to such a request.
Civic will indemnify Customer against any damage or expense relating to bodily injury or death of any person or tangible
damage to real and/or personal property incurred while Civic is performing the Services to the extent such damage is caused
solely by the negligent acts or willful misconduct of Civic's personnel or agents in performing the Services.
Customer accepts and acknowledges that any legal proceedings arising from or in connection with the services provided
under this Agreement must be commenced within twelve (12) months after the performance of the Services for which the
action is brought, without consideration as to the time of discovery of any claim.
13. DEFAULT
In the event of payment default by client, Civic shall be entitled to collect interest and collection costs, including court costs
and reasonable attorney fees. In the event of default by the Customer in any term or condition herein, Civic may, at its
option, refuse service or terminate its obligations under this Agreement.
14. FORCE MAJEURE
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this
Agreement due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act,
exercise, assertion or requirement of any governmental authority, epidemic, destruction of production facilities, insurrection,
inability to obtain labor, materials, equipment, transportation or energy sufficient to meet needs, or any other cause beyond
the reasonable control of the party invoking this provision ("Force Majeure Event"), and if such party shall have used
reasonable efforts to avoid such occurrence and minimize its duration and has given prompt written notice to the other party,
then the affected party's failure to perform shall be excused and the period of performance shall be deemed extended to
reflect such delay as agreed upon by the parties.
15. NOTIFICATION
All notices or communications required or permitted as a part of the Agreement shall be in writing (unless another
verifiable medium is expressly authorized) and shall be deemed delivered when:
A. Actually received, or
B. Upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the party, or
C. If not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with
proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address
set forth below or
D. Upon delivery by client of the notice to an authorized Civic representative while at client site.
The addresses of the parties to this Agreement are as follows:
Civic Systems, LLC
Ten Terrace Court
P.O. Box 7398
Madison, WI 53707-7398
City of Orono
2750 Kelley Parkway
Crystal Bay, MN 55323
16. WAIVER
This instrument contains the entire Agreement for support of the parties. It cannot be changed, altered or modified orally. All
changes or modifications must be in writing by the parties hereto.
17. SOFTWARE SUPPORT
The customer will supply the conditions and data which caused the malfunction and help reproduce the failure. The
following services are part of the Support Agreement:
A. Telephone and Internet Support — Unlimited and reasonable telephone technical support is provided during the hours
specified in the Service Hours section above. In addition, client has the ability to log support issues and search a knowledge
base utilizing Civic's customer support portal over the internet twenty-four (24) hours a day, seven (7) days a week.
Technical support history, including issue and resolution, shall be available to client via the customer support portal over the
internet for a period of three (3) years. Civic shall, on occasion, employ software tools that utilize the internet to troubleshoot
technical support issues.
B. Bug fixes and Updates — Civic shall provide client with all bug fixes and updates within twenty (20) days of receiving bug
fixes and updates upon satisfactory software testing by Civic. Documentation communicating bug fixes, updates, and
changes to the database schema shall be sent to client.
C. Software Upgrades — Civic shall provide client with upgrades to the current platform when available. Civic shall provide
client with all upgrades within thirty (30) days of satisfactory software testing by Civic. All relevant documentation
communicating enhancements, changes to user manuals, changes to the database schema, etc. shall be sent to client.
D. Trained Employees — Support will be provided to any employee that has completed formal training with Civic. Client shall
notify Civic of any new employees requiring software support. New employees must schedule formal training with Civic at
the current daily rate before support services are provided under the Support Agreement. If software support is required
before training takes place, Civic will provide support as long as training has been scheduled with Civic
18. MISCELLANEOUS
This Support Agreement covers those services rendered for pre and post "go -live".
()Civic
Systems
STRONG SOFTWARE, STRONG COMMUNITY
Civic Systems' latest version of its financial and utility billing software suite, entitled Connect, provides
enhanced internal controls allowing the Administrators to keep a watchful eye on every financial
transaction. One of the major reasons for the enhanced security is to accommodate the new Risk
Assessment Standards. Connect takes full advantage of the Microsoft SQL (SQL) database engine. The
SQL engine provides enhanced security features to ensure that the raw data is secure and difficult to
access providing better security and tracking capabilities to detect fraudulent activities in the financial
system. The City/Village/County/Town's current system may lack these security features and, as a result,
the raw data is susceptible to manipulation. Many legacy software packages that municipalities use lack
security features that, if operated improperly, would not allow for the identification of changes made to the
financial data and who made those changes.
In addition to providing better security to data, Connect gives the system Administrator the ability to
enforce login password rules. These password rules include such things as setting a minimum length
password, requiring both alpha and numeric characters; establish the number of failed login attempts
before the user is locked out, and mandating that passwords be changed regularly without the capability
to reuse old passwords.
Connect also provides better tracking of data changes within the software. Connect users have the ability
to track changes or deletions on any field. The system will time and date stamp the user that made the
modification. This log will provide you with what the change was, who changed it, when it was changed
along with tracking the field's new and old values. The system can easily provide reports on the
instances where changes occurred. Additionally, Connect has the ability to generate an email when
changes are made on specific fields so that appropriate people are notified of the change. The following
is an example of field level security tracking by Vendor name with Connect:
Internal Controls
Civic Systems, is a wholly owned Subsidiary of Baker Tilly, LLC with over 100 employees dedicated to
public sector audits. We have worked with several communities on establishing Internal Control
Committees and providing specific plans to maintain proper checks and balances.
Connect also enables you to keep confidential information from being manipulated by allowing you to
restrict access to certain fields within the application. The software will also allow you to establish triggers
within the system to alert administration of specific field changes and deletions.
Reporting
The report writer is one of the biggest differentiating features of the Connect suite of software. Users truly
have access to all data contained in the system. The system has numerous "canned reports" contained
within each module. These reports can all be altered by the user by simply adding or selecting selection
criteria and report order of fields within the database (including user -defined fields). If there is an instance
where the user needs a report that is not already available, they have the ability to create one through the
report writer. The report writer gives access to every table and its subsequent data within the system. All
reports can be printed to file, Excel, network printer, PDF, etc.
Best of all the reporting does not have to come only at month end but it can be viewed by department
heads real time through the miViewPoint Dashboard. Each user will have real-time access only to the
departments and employees that they are responsible for. This access gives them real time budget to
actual, employee vacation balances and vendor payment history.
()Civic
Systems
STRONG SOFTWARE, STRONG COMMUNITY
Paperless
Civic Systems' provides many possibilities to go paperless by eliminating paper through the heavy paper
driven processes like the Accounts Payable and Payroll. Through our applications miAP Workflow, miPay
Online and miTime many offices have cut down on their uses of paper and streamlined their process
along the way through electronic approvals. These modules have proven in eliminating bottle necks
through transparency and providing electronic reminders to those within the approval processes.
Advantages
Below are some other areas that Connect provides advantages:
1) Program Language and Database — The Connect version is written in Microsoft's latest
programming language, VB.Net, and will allow for SQL database to be utilized, thus eliminating
and software related concerns on database sizes or potential data corruption.
2) Electronic Steps checklist — Electronic Workflow manager is hyperlinked for user processes and
to aid in cross training.
3) User Customization — Every search screen, inquiry screen and favorites menu are able to be
customized by user preference. This profile will follow the user's sign -in no matter which PC they
are at.
4) User Defined Fields — The Connect version allows for an unlimited number and type of user -
defined fields by table. This could assist in tracking and scheduling meter testing and PSC
reporting.
5) Reports — Ability to drill down and change columns within each report and export each report to
PDF, Excel, Word, Rich text or delimited file format.
6) Attachments - Ability to attach image or content files to customers account for viewing in Inquiry
or Edit screens.
7) Workflow Approvals - Electronically submit and approve AP invoices and timecards while
electronically tracking those individuals that have approved and tracking those items that are
awaiting approval.
8) Software For Life - This assures you that you will never be on an old version of our software. All
software updates and upgrades will be provided for the modules that have been purchased as
part of that annual support.
9) miViewPoint — Provides read only departmental lookup of financial information that is password
protected. The person signing in will only have access to view the range off accounts and
information they have been given rights to.
SUILDIN(
POLICE
FIRE
s0 550.000 $100.--.- -- ---
AGENDA ITEM
Item No.: 13 Date: June 24, 2019
Item Description: Approval of Rental Licenses
Presenter: City Council Agenda Mayor/Council Report
Section:
Purpose. The purpose of this item is for an update on the City Administrator Performance
Evaluation.
Prepared By: AMC
Reviewed By: AMC
Approved By: -192
AGENDA ITEM
Item No.: 14
Date: June 24, 2019
Item Description: Selection of Residential Recycling Services
Presenter: Dustin Rief, Agenda City Administrator
City Administrator Section: Report
1. Purpose. The purpose of this action item is for Council to select a contractor for Orono's
Residential Recycling Services.
2. Background. The City's current contract for residential recycling services will expire on
September 30, 2019. The City currently receives recycling services for approximately 3138 units
bi-weekly on Tuesdays. In early May the City of Orono issued a request for proposals (RFP) for
companies that have the resources and ability to provide comprehensive recycling services for the
entire City. Those services include collection, processing, marketing and public education. The
selected contractor will serve Orono's residents for the period of October 1, 2019 to September
30, 2024.
All proposals have come in substantially higher than expected. Costs of recycling services have
increased nationwide due to the decline in commodity values in the recycling market.
3. Proposals Received. The City requested and received proposals from 3 companies for
residential recycling services. Staff reviewed the proposals and all three met the parameters laid
out in the RFP. Each contractor submitted a proposal for 5 years of services.
Contractor
Bi -Weekly Pick-up Day
Proposal (11t Year)
Republic Services
'/2 Wednesday &'/2 Thursday (Change)
$176,230.08
Waste Management
Tuesdays (No Change)
$190,162.80
Randy's Sanitation
Tuesdays (No Change)
$303,883.92
4. Funding. Residential Recycling services will be funded through the Enterprise Fund.
5. Staff Recommendation. Staff recommends the selection of Waste Management's cost
option shown in Attachment D of their proposal. Staff considers Waste Management to
be the lowest risk factor for the City. The cost for Waste Management's services in
Attachment D of their proposal does not rely on commodity values and the recycling
market. Staff considers Waste Management's firm pricing option to be the best option of
the City, for risk, administrative management and oversight, as well as consistency of
services already offered to residents today.
COUNCIL ACTION REQUESTED
Motion to approve Waste Management as the selected Recycling Contractor using Exhibit D found in
their proposal and to authorize staff to enter into contract negotiations.
Exhibits
A. Orono RFP for Residential Recycling Services
B. Finance Director Report
Prepared By: AMC
Reviewed By: -TV
Approved By: JS)�2
AGENDAITEM
References
A. Contractor Proposals (RFP's)
Prepared By: AMC Reviewed By: -TV Approved By: ��GZ
RONQ
I 1 -1 1(C,
SHQ
REQUEST FOR PROPOSALS
City Recycling Collection Services
October 1, 2019 — September 30, 2024
PROPOSALS DUE BY: June 3, 2019
LOCATION:
City of Orono
2750 Kelley Parkway
Orono, NM 55356
REQUEST FOR PROPOSALS
City Recycling Services
City of Orono, Minnesota
The City of Orono, Minnesota is requesting proposals for comprehensive recycling services to all residential
single-family households and multi -family households within the City for the period effective October 1, 2019
through September 30, 2024.
The proposals shall be made in accordance with the specifications and must be submitted to the City no later
than 1:00 pm CDT, June 3, 2019.
The proposals shall be made on the forms provided in this Request for Proposals (RFP), or on forms identical in
content to those contained in this RFP. All completed forms and proposals shall be submitted to:
In Person:
City of Orono
Attn: Recycling Service Proposals
2750 Kelley Parkway
Orono, MN 55356
By Email:
acarlsonna,ci.orono.mn.us
Questions and requests for RFP packets should be directed to:
Anna Carlson, City Clerk
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Phone: 952-249-4605
Email: acarlson&ci.orono.mn.us
Page 1 2
By Mail:
City of Orono
Attn: Recycling Service Proposals
PO BOX 66
Crystal Bay, MN 55323
TABLE OF CONTENTS
I.
Introduction..........................................................................................
4
II.
Contractor Selection Process......................................................................
4
III.
General Information..................................................................................
4
IV.
Instructions For Proposal Submittal..............................................................
5
V.
Proposal Contents...................................................................................
5
VI.
Scope of Work.......................................................................................
7
VII.
Selection..............................................................................................
11
ATTACHMENTA..................................................................................
13
Resolution No. 6938 Establishing Seasonal Weight Restrictions
ATTACHMENTB..................................................................................
15
Orono Residential Street Map
ATTACHMENTC..................................................................................
16
Affidavit and Information Required of RFP Submitters
ATTACHMENT D..................................................................................
17
Proposal Collection Price Worksheet
ATTACHMENTE...................................................................................
18
Additional Pricing Factors — Bi -Weekly Collection Schedule
ATTACHMENTF....................................................................................
18
Additional Pricing Factors — Revenue Sharing
ATTACHMENTG....................................................................................
19
Additional Pricing Factors — Weekly Pickup Schedule
ATTACHMENTH....................................................................................
20
Additional Pricing Factors — Subscription -based Curbside Organics Recycling
Page 13
I. INTRODUCTION
The City of Orono seeks to enter into a new recycling contract with a company that has the resources and
ability to provide comprehensive recycling services for the entire City. Those services include
collection, processing, marketing and public education.
The City of Orono also welcomes applicable Haulers to propose an optional plan to offer organics
collection services to residents. Haulers may submit a subscription -based proposal to offer and promote
organics collection services. Those services include weekly collection, processing, marketing and public
education.
Among the goals of the City are to maximize the fullest recovery possible of recyclables from all
residents in the City via the most cost-effective solution.
The specifications contained herein define the service standards and proposal requirements of the
comprehensive recycling program for the City of Orono.
The City encourages Proposers to submit their best proposal possible. Proposers may alter the
requirements within this RFP if proposals explicitly describe the change, rationale and price implications.
Each scenario proposed must have a distinct, associated price.
Proposers may elect to propose to include "revenue sharing" in their price formula. Proposers may also
elect to not include revenue sharing such that their proposed service charges reflect a "flat fee" approach
whereby the Proposer intends to keep all revenue from sale of recyclable materials.
This RFP does not imply, and should not be interpreted to imply, a proposed set of final contract terms.
A final contract will be negotiated with the successful contractor. This RFP and the successful proposal
will be a basis for these negotiations. The final contract shall supersede and replace this RFP and
successful proposal, unless agreed to otherwise.
II. CONTRACTOR SELECTION PROCESS AND SCHEDULE
The Request for Proposals (RFP) and selection schedule will be as follows. These dates are subject
to change as the City deems necessary.
Publish RFP
May 4, 2019
RFP Submittal Deadline
1:00 pm, June 3, 2019
Review of Proposals Received
June 10 -June 19, 2019
Interviews of Finalists
Scheduled as Needed
Council Appointment of Contractor
June 24, 2019
Start Date
September 30, 2019
Page 14
III. GENERAL INFORMATION
A. The City of Orono is a suburban community of an estimated 7,883 residents (2017
State Demographer) located on the northern shore of Lake Minnetonka about 15 miles west of the
City of Minneapolis. Of the City's 24.5 square miles of area, 50% is open water or marshland. Of
Lake Minnetonka, 40% of the shoreline and 33% of the lake area is in the City. The City is a
residential community with primarily single-family housing, and includes a small commercial
district in the Navarre area.
B. The City operates under a Council — Administrator form of government. The City Council is the
legislative and policy making body of the City, consisting of a Mayor and four City Council
members. The City Administrator is the chief administrative officer of the City and is accountable
to the City Council for the implementation of Council direction and the administration of all affairs
of the City. The City Council meets on the second and fourth Monday of every month.
C. Recycling and refuse collector vehicles are restricted to a maximum weight on any single axle of
18,000 pounds (9 -ton per axle weight limit) or as otherwise posted on all residential streets unless
otherwise approved in advance by the City Council. With few exceptions, City residential streets
are posted at a 4 -ton per axle limit during spring load restriction time periods. Recycling and refuse
hauler vehicles are exempt from this restriction; however, the 7 -ton per axle weight limit on all
streets must be adhered to at all times during spring load restrictions as referenced in
Attachment A. A street map and list of Orono residential streets is identified in Attachment B.
D. There are currently 3138 residential units (any structure in which one or more persons reside in
up to three dwelling units) and 0 are multi -family units (any single structure containing four or more
dwelling units). The City's current recycling contract provides single stream recycling service on
Tuesdays every other week. The City would prefer to keep the same collection day
for the entire city. Commercial customers contract privately for their recycling services.
IV. INSTRUCTIONS FOR PROPOSAL SUBMITTAL
A. Proposals must be received by the City no later than 1:00 pm on June 3, 2019. Proposals may be
submitted in-person, by mail or Email. Title email with "Orono Recycling Service Proposal".
Proposals arriving after the specified deadline shall not be accepted.
B. Proposals will be treated in accordance with MN Statutes 13.591, Subdivision 3 (b), Data Practices
Act. Only the company names of Proposers submitting proposals will be made
public. All proposal documents shall be held as confidential until the City Council awards a
new contract and authorizes staff to execute the new contract.
C. The City will review the proposals received and may schedule interviews for finalists.
D. Contractors are prohibited from contacting any representatives of the City Council
regarding this RFP or their proposals.
Page 1 5
V. PROPOSAL CONTENTS
A. Title Page — Showing the proposal title, the name of the contractor's firm, address, telephone
number, name of the contact person, and the date.
B. Table of Contents — Include a clear identification of the material by section and page number.
C. Identification and Professional Qualifications — The ideal firm should have extensive experience in
the residential collection of recycling.
1. The name, address, phone number and Email of the person who will be responsible for the
management and administration of residential recycling collection for the City.
2. Copy of business license or certifications.
3. Background information concerning the firm, including the number of years in business under
this name, and the number and breakdown of personnel in the proposing office.
D. Contractor's Detailed Approach to the Scope of Services — The proposal shall address in detailed
fashion the approach of the firm to the scope of work.
E. List of References and Potential Conflicts
1. A minimum of three references for public clients shall be provided.
2. Potential conflicts of interest must be disclosed.
F. Disclosures and Assurances
1. Completed Proposal Form, Affidavit and Information Required of RFP Submitters
(Attachment C) — A statement assuring that the signatory making representations in the proposal
on behalf of the firm has the authority to do so.
2. Insurance Coverage — Documentation of current insurance coverage and limits, including
professional liability insurance, shall be provided with the proposal.
G. Completed Proposal Form, Curbside Collection Price Worksheet
(Attachment D) — At a minimum, all proposals must include a Curbside Collection Price Worksheet
for collection service to be provided on the same day of the week throughout the City.
H. Additional Pricing Factors
Please provide detailed information about how the following considerations would impact the firm's
pricing proposals:
1. FACTOR 1: Bi -Weekly Collection Schedule
Currently, the City's recycling is collected on one day on a bi-weekly schedule. The City would
prefer to keep recycling collection on one day throughout the City. Please respond to
(Attachment E) of this RFP if an alternate schedule from your firm's route servicing perspective
would impact your pricing proposal.
2. FACTOR 2: Revenue Sharing — If the City's contract with your firm were to require sharing
proceeds with the City from the resale of recyclable materials (minus processing charges)
Page 16
collected, please respond to (Attachment F) of this RFP and state how that credit would impact
your pricing proposal.
3. FACTOR 3: Weekly Pickup Schedule — Currently, the City's recycling is collected on a bi-
weekly schedule. If the City considered a weekly collection schedule, please respond to
(Attachment G) of this RFP and state how a weekly collection schedule would impact your
pricing proposal.
4. FACTOR 4: Subscription -based Curbside Organics Recycling — The City is considering the
option to offer organics collection services to residents. Interested Haulers may submit a
subscription -based proposal to offer and promote organics collection services, please respond to
(Attachment H) of this RFP and state how offering a subscription -based curbside Organics
Recycling would impact your pricing proposal.
VI. SCOPE OF WORK
A. Recycling Service
1. Recyclable Materials — At a minimum, recycling service includes the collection and hauling of
the following items from all homes:
Newspaper and inserts;
Cardboard boxes;
Glass food and beverage containers;
Metal food and beverage cans;
All plastic containers and lids, #1 -Polyethylene Terephthalate (PET, PETE), #2 -High Density
Polyethylene (HDPE), #3 -Vinyl Polyvinyl Chloride (PVP), #4 -Low Denisty Polythylene
(LDPE) and #5 -Polypropylene (PP) plastic bottles, except those that previously contained
Magazines and catalogs;
Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
Boxes from toothpaste, medications and other toiletries;
Aseptic and gable -topped containers;
Mail, office and school papers; and
Phonebooks.
Optional materials can be included as part of proposal. Plastic products coded #6 -Polystyrene
and #7 -All other resins and multi -materials not otherwise defined may be included as part of the
Proposer's proposal.
2. Recycling service also includes the processing and marketing of the recyclable materials by the
contractor and/or a subcontractor of the contractor.
3. The contractor will provide recycling collection service at each home on one day throughout the
City, every other week; or on an alternate designated collection schedule approved by the City.
B. Additional Recycling Services — The City may establish additional recycling collection services,
including items designated and agreed upon by the City and/or required by Hennepin County under
its Recycling Funding Assistance Policy. Compensation for these additional recycling collection
services shall be negotiated between the City and the contractor, and set forth in a written addendum
to the original Agreement for Services.
Page 17
C. Recycling Containers
1. Curbside Single Stream — Contractor or designated subcontractor shall provide containers for use
in single stream recycling collection. The contractor or designated subcontractor will maintain a
sufficient new and replacement cart inventory, service and repair carts to meet supply and
demand needs for the entire term of the contract. The standard 64 -gallon cart (or similar size)
shall be approximately 26" x 26" x 41" in dimension, and be smooth for ease of cleaning. Carts
shall be consistent in color and design with a recycling symbol on at least two sides and an
approved instruction label on each lid, so as to be easily identified by the resident/customer and
the contractor driver for recyclable materials collection. Each cart will be delivered with a
package of recycling information provided by the contractor explaining what and how to recycle
using the single stream method. Contractor shall coordinate distribution of carts prior to
September 30 to ensure uninterrupted collection service continues in the first week of October.
Thirty and ninety -gallon carts (or similar size) of similar design shall be provided at no extra
charge to residents who request a different level of service. Additional carts will be provided at
no extra charge to residents who request them.
2. Multi -Family — To service Multi -Family residential complexes desiring to participate in the
City's recycling collection program, contractor shall provide containers for Multi -Family
dwellings in sufficient quantity to adequately contain the materials between collections, with
containers to be placed in recycling stations to service the complex.
D. Collection
1. The contractor shall provide curbside recycling services to all residential dwelling units and
multiple family dwellings. All City -owned and operated buildings in the City shall be served at
no charge as outlined in Section H-2, Municipal Facilities.
2. Recycling containers shall be placed by the residents at curbside on collection day by 7:00 am.
No collection shall be made before 7:00 am or after 7:00 pm. The contractor shall collect from
each participating household all acceptable materials that have been prepared according to
publicized procedures. The driver is required to place the emptied container back in the same
curbside location as set by the resident. In no case is the container to be left in the street. The
contractor shall handle all containers with reasonable care to avoid damage.
3. The City assumes that all residents receiving curbside collection service will be collected once
every two weeks.
4. In some areas of the City, there are long driveways or neighborhoods where placement of
containers at the curbside is not practical. In these instances, the contractor shall work with the
City and resident(s) to determine an acceptable method for collection of recycling materials.
Solutions may include an alternative type of collection container, walk-up service or smaller
trucks.
5. If the contractor determines that a resident has set out unacceptable or non -targeted recyclable
materials, the driver shall leave the non -targeted materials in the resident's recycling container
and leave a City approved "education tag" indicating acceptable materials and the proper
method of preparation.
6. The contractor shall adequately clean up any materials spilled or blown during the course of
collection and/or hauling operations. All collection vehicles shall be equipped with a broom and
shovel for use in cleaning up any spills. Any unacceptable materials left behind should be
secured within resident's recycling container. Driver shall take all precautions possible to
prevent littering of unacceptable recyclable materials. Contractor shall have no responsibility to
remove any items that are not recyclable materials.
Page 18
E. Publicity, Promotion and Education
1. The contractor shall work with the City to publish the yearly calendars including alternate
collection days. Holidays refer to any of the following: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other holidays
mutually agreed to by the City and the contractor. When the scheduled collection day falls on a
holiday, collection for that day will be collected one day later, excluding Sundays.
2. The City shall prepare and distribute recycling information to residents each year which may
include articles in the city newsletter and/or recycling instructions on its website. The contractor
shall conduct its own promotions and public education to increase participation and improve
compliance with resident preparation instructions. At a minimum, this shall include distribution
of resident education tags to be left by curbside collection crews if any non -targeted material is
rejected and left at the curb. The contractor shall provide a draft of any public education
literature for approval by the City, preferably at least one (1) month before printing and
distribution of any such literature.
F. Monthly Reporting — The contractor will report monthly the number of curbside recycling "stops"
(i.e., number of households with recyclables set out at the curb) per collection and the weights in
tons of recyclable materials. Recyclable materials will be reported in type of commodity with
corresponding weight. The report will be available to the city within 15 days of the end of each
month. If a material is not weighed separately when it is delivered to processing, the City must
approve the procedure used by the contractor to determine the percentage of each type of recyclable
material in relation to the total material collected. To substantiate the accuracy of the contractor's
procedure, the City may, at its discretion and at no additional cost to the City, require the contractor
to separate weigh each material. The contractor must report the amount and type of recyclable
material and where the material is delivered for recycling. MN Statutes 115A.553 requires counties
to ensure that materials are taken to markets for sales or recycling processing centers. Brokers or
recyclable processors receiving material from these curbside programs must be in compliance with
the state and local government permit and licensing laws. The contractor must report to the City, on
a monthly basis, the average price per ton received from the sale of recyclables. Each monthly
report on gross revenues must be provided to the City no later than 30 days after the end of each
month.
G. Administration and Customer Service
1. The contractor shall maintain sufficient personnel and equipment to fulfill the requirements and
specifications of the services described in this RFP. The contractor will provide a Route
Supervisor to oversee the recycling route drivers servicing the City. The Route Supervisor will
be available to address customer concerns each day. The Route Supervisor and all collection
vehicles must be equipped with 2 -way communication devices.
The contractor shall have on duty Monday through Friday from 7:00 am to 5:00 pm a dispatch
customer service representative to receive customer calls and route issues. The contractor shall
provide a 24-hour answering service line or device to receive customer calls.
Contractor's personnel will be trained both in program operations and in customer service and
insure that all personnel maintain a positive attitude with the public and in the work place and
shall:
a. Conduct themselves at all times in a courteous manner and use no abusive or foul language.
Page 19
b. Perform their duties in accordance with all existing laws and ordinances and future
amendments thereto of the Federal, State of Minnesota, Hennepin County and local
governing boards.
c. Be clean and presentable in appearance, as so far as possible.
d. Wear a uniform and employee identification badge or name tag.
e. Drive in a safe and considerate manner.
f. Manage containers in a careful manner, by picking them up, emptying their contents into the
collection vehicle, and placing — no throwing or sliding — the container back in its curbside
location so as to avoid spillage and littering or damage to the container.
g. Monitor for any spillage and be responsible for cleaning up any litter or breakage.
h. Avoid damage to property.
i. Not perform their duties or operate vehicles while consuming alcohol or illegally using
controlled substances or while under the influence of alcohol and/or such substances.
j. Be in possession of a valid MN CDL.
4. The contractor shall designate a staff person as an account representative for the City. A direct
phone number shall be provided for City staff to use for purposes of communicating immediate
service needs. The contractor shall also designate a back-up contact person, including a
corresponding direct phone number. These contractor phone numbers will not be published in
public education literature, but rather used by City administrative staff.
In the City's public education information, residents will be directed to call the contractor for
missed collections and other service issues. Whenever the City or a resident notifies the
contractor before 11:00 am on a business day of locations which have not received scheduled
service, the contractor is required to service such location before 7:00 pm on the day when
notified. When notified after 11:00 am on a business day, the contractor shall service such
locations no later than 7:00 pm on the business day immediately following.
6. The contractor shall comply with ordinances of the City and laws or regulations of the State of
Minnesota and its agencies related to collection of recyclables in effect during the term of the
Agreement for Services. The contractor shall keep all equipment used in the performance of the
work in good operating conditions and in a clean, sanitary condition. Equipment may be subject
to periodic inspection by the City.
H. Payment and Insurance
1. Compensation for Services — The City agrees to pay the contractor for recycling collection
services provided to the City as described in the contractor's proposal, and made part of an
executed contract, based on the number of household units certified by the City. By December
1St of each year the City will review the number of certified units and notify the contractor of
any changes.
Contractor shall submit itemized bills for recycling collection services provided to the City on a
monthly basis. Bills submitted shall be paid in the same manner as other claims made to the
City.
2. Municipal Facilities — The contractor will provide free recycling services at least every other
week at the City's municipal buildings at 2700, 2730 and 2750 Kelley Parkway, the Orono Golf
Course at 265 Orono Orchard Road South, Crystal Bay Post Office at 1355 Brown Road South,
Navarre Fire Station at 3770 Shoreline Drive and Long Lake Fire Department at 340 Willow
Drive in Orono, MN. In general, the contractor will provide carts (wheeled carts with lids, with
approximately 64 -gallon capacity) or other mutually agreed upon containers to facilitate that
service. The carts shall be labeled by the contractor with appropriate stickers to identify the
acceptable recyclable commodities.
Page 1 10
3. Revenue Sharing — If the final contract is negotiated to include revenue sharing, the contractor
shall, on a monthly basis, rebate an amount to the city based on a mutually agreed upon formula.
The City understands that at times of poor market conditions, net revenue may equal zero, but
shall not go negative. The City shall not be charged for net revenue sharing, only credited or
neutral (e.g., $0 per ton).
4. Insurance Requirements. The Contractor, at its expense, shall procure and maintain in force for
the duration of this agreement the following minimum insurance coverages. Proof of insurance
coverage shall be provided to the City with the quote. Workers' compensation and employer
liability, commercial general liability, automobile liability, and umbrella/excess liability which
protects the City from bodily injury and property damage claims arising from operation under
the contract whether such operations be by the contractor or and subcontractor, or by anyone
directly or indirectly employed by either of them.
a. General Liability. The contractor agrees to maintain Commercial General Liability
insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual
aggregate. The policy shall cover liability arising from premises, operations, products,
completed operations, personal injury, advertising injury, and contractually assumed
liability. The City shall be endorsed as additional insured.
b. Automobile Liability. The Contractor shall maintain commercial automobile liability
insurance, including owned, hired, and non -owned automobiles, with a minimum combined
single limit of $1,000,000.
c. Workers' Compensation. Pursuant to Minnesota Statute § 176.182, Contractor must provide
acceptable evidence of compliance with the state Workers' Compensation insurance
requirements for all its employees and, in case any work is subcontracted, Contractor will
require the subcontractor to provide Workers' Compensation insurance or acceptable
evidence of compliance in accordance with the statutory requirements of the State of
Minnesota. The Contractor shall also carry Employers' Liability Coverage with minimum
limits as follows:
• $500,000 — Bodily Injury by Disease per employee
• $500,000 — Bodily Injury by Disease aggregate
• $500,000 — Bodily Injury by Accident
VIL SELECTION
A. The City of Orono reserves the right to reject any or all proposals or parts of proposals, to negotiate
modifications of proposals submitted, to accept part or all of the proposals on the basis of
consideration(s) other than proceeds or cost, and to negotiate specific work elements with a
respondent into a project of lesser or greater expense and reimbursement than described in the RFP
or the respondent's reply.
B. To the best of its ability, the City will use the following process for its decision-making:
1. City staff will review and analyze the details of the qualified submitted proposals. The City
reserves the right to ask Proposers for additional information/clarification to better understand
the proposals.
2. Staff will negotiate a contract with the top ranked Proposer. If negotiations with top-ranked
Proposer are not successful, the City may then initiate negotiations with the second ranked
Proposer, and so on.
Page 1 11
3. Once a draft contract has been successfully negotiated, City staff will present its
recommendations to City Council. The City Council may then award the contract and
authorize staff to execute it.
4. The new recycling contract will commence on October 1, 2019 unless an alternate
commencement date is mutually agreed upon by the contractor and the City.
C. Selection of the firms to be considered shall be based upon, but not limited to, the following criteria:
1. The firm's approach to and understanding of the Scope of Work.
2. Strength of qualifications of contractor related to the particular needs of the City. Qualifications
will include, but not be limited to, the proven capacities of the contractor (and, if any,
subcontractor) to meet the operation requirements of the City.
3. The firm's experience with similar contracts and clients.
4. The experience and qualifications of the proposed staff in providing similar services.
5. The extent of involvement by key personnel.
6. The extent to which previous clients have found the firm's services acceptable.
7. Previous City experience with the proposing firm, if any.
8. The price of the recycling services.
D. Terms and Conditions
1. The City of Orono reserves the right to cancel or amend the Request for Proposals
at any time. The City of Orono reserves the right to determine the successful respondent. The
City of Orono reserves the right to reject any or all bids.
2. The City of Orono will not be liable for any costs incurred by the firm responding to this request.
3. The contractor shall not assign any interest in this proposal and shall not transfer any interest in
the same without the prior written consent of the City of Orono.
4. For the purposes of the Agreement for Services, the contractor shall be deemed to be an
independent contractor, and not an employee of the City. Any and all agents, servants, or
employees of the firm or other persons, while engaged in the performance of any work or
services required to be performed by the City of Orono under the Agreement, shall not be
considered employees of the City of Orono and any and all actions which arise as a consequence
of any act or omission on the part of the firm, its agents, servants, employees or other persons
shall in no way be the obligation or responsibility of the City of Orono.
5. No official or employee of the City of Orono who exercises any responsibilities in the review,
approval or carrying out of the proposal shall participate in any decision which affects his or her
direct or indirect personal or financial interest.
Page 1 12
ATTACHMENT A
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION ESTABLISHING SEASONAL WEIGHT
RESTRICTIONS ON ORONO PUBLIC CITY STREETS
Overview. The City of Orono ordains that axle weight limits are restricted on the following streets in the
City of Orono to protect these streets from damage when road and weather conditions warrant in
accordance with regulations as provided in Minnesota State Statutes Chapter 169.87. These weight
restrictions are in effect during the spring thaw season. Streets may be posted for weight restrictions any
time that road and weather conditions warrant weight limits to protect streets from damage.
Notification. Impacted Streets will be signposted. The city follows MnDOT scheduling from imposing
and removing spring road weight limit restrictions Dates are posted at -
http://dotapp7.dot.state.mn.us/research/seasonal load limits/sllindex.asp or by calling (651) 366-5400 or
toll free at 1-800-723-6543. These dates generally fall between March 1st and May 15th dependent on
weather conditions.
Exemptions. Exceptions to the seasonal load limits in Orono are made for emergency response vehicles,
school buses and emergency utility repair vehicles/equipment.
Refuse Collection. An exemption is provided for refuse collection vehicles to exceed the posted
limits, except no refuse collections vehicles shall be operated during restricted times where the gross
weight on any single axle exceeds seven (7) tons.
Utilities. An exemption is allowed for utility companies providing utility service within the City
when responding to an emergency. An emergency response shall include power outages, gas leaks,
emergency communication, line down or severed, etc.
Septic. An exemption to posted weight limits is also allowed for septic tank service companies,
well drilling and service companies, and companies delivering fuel for heating purposes. An emergency
response is limited to septic or sewer system failures posing an imminent threat to public health and safety,
well failure resulting in loss of water supply, or lack of heating fuel.
Process. All persons requesting an exemption to the posted weight limits for response to an
emergency situation must notify the Orono Police Department Administrative Office. This notification
must include a description and location of the emergency, the number and weight of vehicles responding to
the emergency, and the route to be used to reach the emergency site. The City reserves the right to request
supporting documentation of the nature and location of the emergency. All persons responding to
emergency situations shall limit travel on seasonal weight restricted streets to the minimum distance
required to reach the site from the closest road that is not subject to seasonal weight restrictions.
The following streets are limited to a four (4) ton axle per axle weight limit:
Arbor Street
Carman Road
Conal Road
Dickey Lake Drive
Baldur Park Road
Carman Street
Country Club Road
Dunwoody Avenue
Barrett Avenue
Caroline Avenue
Crestview Avenue
East Long Lake Road
Bayview Place
Casco Avenue
Crystal Avenue
Eastlake Street
Bederwood Drive
Casco Circle
Crystal Bay Road
Eileen Street
Birch Lane
Casco Point Road
Crystal Place
Elm Lane
Blaine Avenue
Cherry Avenue
Cygnet Place
Elm Street
Bohn's Point Lane
Cherry Place
Dahl Road
Elmwood Avenue
Bohn's Point Road
Chevy Chase Drive
Dakota Avenue
Ethel Avenue
Brackett's Point Road
Chippewa Lane
Dickenson Street
Fagerness Point Road
Briar Street
Concordia Street
Dickenson St. Alleys
Fairview Cottage Lane
Page 1 13
gpNp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti NO. 6 93 8
�AkESHO��
Farview Lane
Lafayette Ridge Court
Northern Avenue
Spruce Place
Ferndale Green
Lakeview Avenue
Oak Street
Spruce Way
Ferndale Road West
Lakeview Terrace
Old Beach Road
Starkey Road
Forest Arms Lane
Leaf Street
Old Long Lake Road
Stubbs Bay Road
Forest Lake Drive
Linden Avenue
Olive Avenue
Tamarack Drive
Forest Lake Landing
Linden Lane
Orchard Beach Place
Togo Road
Fox Ridge Road
Livingston Avenue
Orchard Park Road
Tonka Avenue
Fox Street
Loma Linda Avenue
Orono Lane
Tonkaview Lane
Frederick Street
Long Lake Boulevard
Orono Orchard Road
Townline Road
Garden Court
Lydiard Avenue
Park Avenue
Turnham Road
Glendale Cove Lane
Lydiard Circle
Park Drive
Vine Place
Glendale Drive
Lyman Avenue
Park Lane
Watertown Road
Grandview Avenue
Lyric Avenue
Partenwood Lane
Wear Circle
Hackberry Hill
Maple Lane
Partenwood Road
Wear Lane North
Hanlon Avenue
Maple Place
Pheasant Road
Webb Street
Heritage Drive
Mapleridge Lane
Prospect Avenue
Webber Hills Road
Heritage Lane
Minnetonka Avenue
Railroad Avenue
West Lafayette Road
High Lane
Minnetonka Highlands Lane Rest Point Circle
Westlake Street
Highwood Lane
Minnie Avenue
Rest Point Lane
Wildhurst Trail
Highwood Road
Myrtlewood Road
Rest Point Road
Willow Drive (South of
Hunter Drive
Navarre Avenue
Russell Avenue
Hwy 12)
Ivy Place
Navarre Lane
Shevlin Drive
Willowbrook Road
Keene Avenue
North Arm Drive
Smith Avenue
Windjammer Lane
Kelly Avenue
North Arm Drive West
Spates Avenue
Woodhill Avenue
Kenwood Way
North Arm Lane
Spring Hill Road
The following streets remain at a nine (9) ton per axle weight limit:
Brown Road North
Ferndale Road North
Kelley Parkway
McCulley Road
Old Crystal Bay Road
Willow Drive (North of Wayzata Blvd/CSAH 112)
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held January 28, 2019.
ATTE T:
nna Carlson, City Clerk
Page 1 14
Dermis Walsh, Mayor
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ATTACHMENT B
City of Orono, Minnesota
Street Numbering Index Map
Legend
a�
City Limits
Street Names Classifications
PUBLIC ROADS (All Caps)
Private Roads
Address Grid
0 3,200
Feet
Quarter Half
Section
22
21
12
11
NORTH
23
24
13
14
32
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SOUTH
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44
BOLTON
& M ENK
Real People. Real Solutions.
September 2017
ATTACHMENT C
Affidavit and Information Required of RFP Submitters
Affidavit of Non -Collusion
I hereby swear (or affirm) under the penalty of perjury:
A. That I am the proposer (if the proposer is an individual), a partner with the proposer (if the proposer
is a partnership), or an officer or employee of the proposing corporation having authority to sign on
its behalf (if the proposer is a corporation);
B. That the attached proposal or proposals have been arrived at by the proposer, independently, and have
been submitted without collusion with, and without any agreement, understanding, or planned common
course of action with any other vendor of materials, supplies, equipment or services described in the
Request for Proposals, designed to limit independent proposing or competition;
C. That the contents of the proposal or proposals have not been communicated by the proposer or its employees
or agents to any person not an employee or agent of the proposer or its surety on any bond furnished with
the proposal or official reviewing the proposal or proposals; and
D. That I have fully informed myself regarding the accuracy of the statements made in this
affidavit.
Signature
Print Name
Date
Firm Name
Subscribed and sworn to before me this
day of 12019
Signature, Notary Public,
Page 1 16
My commission expires , 20,
ATTACHMENT D
Curbside Collection Price Worksheet
Company Name
Contact Person / Title
Address
Phone Email
Residential recycling collection service will be provided on the same day of the week throughout the City on a
bi-weekly collection schedule.
Proposed Day:
Curbside Container Type & Size:
Curbside Collection Scenario
Single Stream, Bi -Weekly — One Price Shall be proposed for each option
Contract Year 1
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 2
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 3
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 4
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 5
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Page 1 17
ATTACHMENT E
Additional Pricing Factors — Alternate Bi -Weekly Collection Schedule
The City's current recycling contract provides recycling service every other week on Tuesdays. The city
would prefer to have recycling service on the same day throughout the city. Please describe how maintaining
the Tuesday schedule, or an alternate schedule, would impact your pricing proposal from your firm's route
servicing perspective.
General Description of Impact on Pricing
Curbside Collection Scenario
Single Stream, Bi -Weekly — One Price Shall be proposed for each option
Contract Year 1
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 2
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 3
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 4
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 5
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Page 1 18
ATTACHMENT F
Additional Pricing Factors — Revenue Sharing
If the City's contract with your firm were to require revenue sharing with the City from the resale of
recyclable materials (minus processing charges) collected, please describe how that credit would impact
your pricing proposal.
General Description of Impact on Pricing
Curbside Collection Scenario
Single Stream, Bi -Weekly— One Price Shall be proposed for each option
Contract Year 1
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 2
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 3
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 4
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 5
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Page 1 19
ATTACHMENT G
Additional Pricing Factors — Weekly Collection Schedule
Currently, the City's recycling is collected on a bi-weekly schedule. If the City considered a weekly collection
schedule, please describe how a weekly collection schedule would impact your pricing proposal.
Curbside Collection Scenario
Single Stream, Bi -Weekly — One Price Shall be proposed for each option
Contract Year 1
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 2
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 3
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 4
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 5
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Page 120
ATTACHMENT H
Additional Pricing Factors — Subscription -based Curbside Organics Recycling
If the City considered the option to offer organics collection services to residents. Please describe how
subscription -based curbside Organics Recycling would impact your pricing proposal.
Curbside Collection Scenario
Single Stream, Bi -Weekly — One Price Shall be proposed for each option
Contract Year 1
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 2
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 3
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 4
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Contract Year 5
Per Residential Dwelling Unit Per Month $
Per RDU
Per Multi -Family Unit Per Month $
Per MFU
Page 121
Finance Director Report
In the last year, the already weak market for recycled materials has collapsed. One of the key factors in
the collapse is a decision by China to only accept recyclables that are 99.5% pure; a standard that US
processing plants are unable to meet. As a result, municipalities are seeing sharp increases in recycling
costs. In addition, Cities are being asked to share in the revenue/losses of the haulers. If the recycling
markets rebound, the City could benefit from the revenue sharing. Conversely if the markets stay
depressed, which appears to be the near term forecast, the City's costs could increase. With the current
uncertainty in the global markets, staff is more comfortable with a fixed contract rate.