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HomeMy WebLinkAbout10-28-2019 Council PacketAgenda Council Meeting Monday, October 28, 2019, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification 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 October 14, 2019 2. City Council Work Session Minutes of October 14, 2019 3. Claims/Bills 4. Approval of Rental Licenses 5. Third Quarter Financial Report 6. Council Chambers Technology Upgrade 7. Appointment of 2019 Seasonal Employees 8. #851 Portable Generator Replacement 9. Approval to Accept Donation 10. Approval to Dispose of Unclaimed Property 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 futur e meeting. Speakers should state their name and home address at the podium before speaking. Public Hearing 11. Certification of Delinquent Bills 12. Certification of Delinquent Utilities Public Works/City Engineer Report 13. 2020 Street Project Update and Selection 14. Outdoor Recreation Grant Agreement Approval for Big Island Planning Department Report 15. LA18-000038 – James and Mary Jundt, 1400 Brackets Point Road, Development Agreement Amendment #2 Approval 16. LA19-00067 – Alexander Design Group o/b/o Mark and Kristie Ties, 3129 Casco Circle, Variance – Resolution Agenda Council Meeting Monday, October 28, 2019, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification 17. LA19-000069 – Gordon James Construction o/b/o Dale & Jonmari Olsen, 3315 Crystal Bay Road, Variances & IUP Mayor/Council Report City Administrator Report City Attorney Report Adjournment Upcoming Events 2019 11-04-19 Park Commission Meeting, Monday, 6:30 p.m. 11-11-19 Official Holiday, City Offices Closed 11-12-19 City Council Meeting, Monday, 7:00 p.m. 11-18-19 Planning Commission Meeting, Monday 6:30 p.m. (Richard F. Crosby II) 11-25-19 City Council Work Session, Monday, 5:00 p.m. 11-25-19 City Council Meeting, Monday, 7:00 p.m. 11-28-19 Official Holiday, City Offices Closed 11-29-19 Official Holiday, City Offices Closed 12-09-19 Truth in Taxation, Monday, 6:30 p.m. 12-09-19 City Council Meeting, Monday, 7:00 p.m. 12-24-19 Official Holiday, City Offices Closed 12-25-19 Official Holiday, City Offices Closed MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 16 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, City Planners Melanie Curtis and Laura Oaken, 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 SEPTEMBER 23, 2019 2. CITY COUNCIL WORK SESSION MEETING MINUTES OF SEPTEMBER 23, 2019 3. CLAIMS/BILLS 4. REDUCE DEBT LEVY REQUIREMENT SERIES 2014A RESOLUTION NO. 7024 5. REDUCE DEBT LEVY REQUIREMENT SERIES 2016A RESOLUTION NO. 7025 6. ADOPT RESOLUTION TO DESIGNATE POLLING PLACES FOR 2020 ELECTIONS RESOLUTION NO. 7026 7. ADOPT RECORDS MANAGEMENT POLICY AND RESOLUTION NO. 7027 8. APPROVE PURCHASE OF MICROFILM SCANNER 9. DISPOSAL OF FORFEITED VEHICLES 10. DISPOSAL OF BICYCLES 11. ACCEPT OFFICER JOSH NEEDHAM’S RESIGNATION 12. REQUEST TO PROMOTE FULL-TIME POLICE OFFICER 13. ACCEPT ORONO ROTARY DONATION TO LURTON AND SAGA HILLS PARKS RESOLUTION NO. 7028 14. LONG LAKE RAVINE STABILIZATION – FINAL PAY APPLICATION/CLOSEOUT 15. APPROVE BIG ISLAND PARK ADDITIONAL ARCHEOLOGY WORK 16. 2019 SEWER REHABILITATION AWARD MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 16 17. LA19-000053 – CITY OF ORONO, TEXT AMENDMENT, AVERAGE LAKE SHORE SETBACK ORDINANCE This item was removed from the Consent Agenda. 18. LA19-000062 – CITY OF ORONO, TEXT AMENDMENT, ACCESSORY BUILDING SIZE REGULATIONS ORDINANCE NO. 232, THIRD SERIES 19. LA19-000064 – CITY OF ORONO, TEXT AMENDMENT, GARDENS AS SPRINCIPAL USE REGULATIONS ORDINANCE NO. 233, THIRD SERIES 20. LA19-000068 – ERIC JOHNSON, 580 ORCHARD PARK ROAD, VARIANCE – RESOLUTION NO. 7029 21. LA19-000071 – LAUREL ULLAND ARCHITECTURE/MARTHA MEYERS HEAD, 2090 SHORELINE DRIVE, VARIANCE – RESOLUTION NO. 7030 22. LA19-000072 – BRENDEN LAWRENCE, 4265 FOREST LAKE DRIVE, VARIANCE – RESOLUTION NO. 7031 29. CARMAN BAY LAKE IMPROVEMENT DISTRICT LEVY RESOLUTION NO. 7034 31. LABOR AGREEMENT WITH SERGEANTS LELS LOCAL #168 Crosby moved, Johnson seconded, to approve the Consent Agenda as revised, with Item No. 17 being removed from the Consent Agenda, and Items No. 29 and 31 being added to the Consent Agenda. Items No. 26 and 32 were removed from the Regular Agenda. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None PUBLIC HEARING 23. LA19-000060 – TOM DRUK, 3348 BAYSIDE ROAD, CONDITIONAL USE PERMIT, PUBLIC HEARING, RESOLUTION NO. 7032 Oakden stated the applicant is requesting a conditional use permit for grading and filling within the floodplain and mitigation for a 100-year floodplain for construction of a new two-car detached garage. The site is substandard in size, width, and has a protected tributary along the northern property line creating a limited building envelope. In order to meet all the required setback regulations, the detached garage is partially located within the 100-year floodplain. The garage will be elevated out of the floodplain with fill. Placing fill in the floodplain requires a conditional use permit. The 26’ x 26’ building is proposed to be raised roughly two feet. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 16 The public hearing was continued from the Planning Commission meeting to ensure compliance with the DNR’s 60-day review period. The Planning Commission unanimously recommended approval of the conditional use permit. Staff finds the proposed plan meets the conditions for filling in the floodplain and meeting all the required setbacks leaves limited options for location of the structure. No public comments have been received regarding the application. Staff recommends approval. The City Council should hold a public hearing and adopt or amend the proposed approval resolution. Mayor Walsh opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:08 p.m. The City Council had no questions for Staff. Printup moved, Seals seconded, to adopt RESOLUTION NO. 7032 , a Resolution Approving a Conditional Use Permit from Municipal Zoning Code Section 78-1118, for the property located at 3348 Bayside Road. VOTE: Ayes 5, Nays 0. PRESENTATION 24. ORONO SCHOOL BOARD REFERENDUM PRESENTATION Dick Lewis, Orono School Board, addressed the City Council regarding the Orono School District’s proposed levy referendum this fall. Many states provide for certain types of expenses, but Minnesota does not carve out technology and requires a special referendum. Historically Orono passed its first textbooks and technology levy in 2002, which was renewed with no increase in 2011. Recently the School Board recommended repeal and replacement of the existing levy, which is good until 2021. By repealing and replacing, the Orono School District will receive extra money for technology. If the proposed levy does not pass, the School District would be able to come back with a new referendum at a later date. With the designated technology funding, the School District has been able to accelerate the personalization of student learning, implement Orono PLUS, and facilitate parent involvement through systems such as Schoology, SchoolMessenger, and ParentVUE. The new funding would be used to expand teacher training for more effective use of technology in their classrooms, improve communication with parents, enhance cyber security protections, and update infrastructure such as servers, routers and wiring. The Orono School District spends approximately $1 million a year on technology, which works out to about $344 per student, and puts Orono down towards the bottom as compared to other nearby schools. If the new referendum passes, Orono would be in the middle of the group, which would amount to MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 16 approximately $560 per student. Under the current levy, on a $400,000 house, the District’s current authority is $98 per year and the new levy would increase it to $197 per year. More information on the proposed levy is available through a special brochure that will be mailed to all residents and businesses, the school district’s website, and via e-mail. Walsh noted Mr. Lewis will be retiring at the end of the year after serving the Orono School District for 24 years. The City Council took no action on this item. 25. LMCD REPRESENTATIVE MARK KROLL – LMCD UPDATE Mark Kroll, LMCD Representative, provided the City Council with an update on the actions of the LMCD Board. In serving on the board for the past two and a half years, he has focused on two goals. The first one was to repair the damage that had been done by the previous relationship and restore Orono’s influence on the Board. Even though Orono has the lion’s share of the lakeshore, they only are 1 of 14 votes. The second goal was to get a moratorium on milfoil harvesting. Both of those goals have been met. Kroll stated in his 35 years in serving on public and private boards, this is his first nonprofit board he has served on, and one of the things that he has learned is that the marina owners bear the brunt of the LMCD regulations and fees but yet they have no representation on the LMCD Board. Recently a respected local marina owner in Orono has indicated a desire to serve on the Board. Kroll stated he would be happy to relinquish his position on the LMCD Board to Rich Anderson. Kroll stated at this time he would formally retire as a representative on the LMCD Board. Walsh and Seals thanked Mr. Kroll for the work Mr. Kroll has done on the Board. Walsh moved, Seals seconded, to accept the resignation of Mark Kroll and to appoint Rich Anderson to the LMCD Board as Orono’s representative. Rich Anderson stated as a marina owner, he has been dealing with the LMCD since 1976. The current board does not have knowledge of the LMCD’s past history, which he will be able to provide, and that he will work hard in representing Orono. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT 17. LA19-000053 – CITY OF ORONO, TEXT AMENDMENT, AVERAGE LAKESHORE SETBACK Barnhart noted at the City Council’s September 9 meeting, the Council directed Staff to prepare an ordinance for adoption reflecting desired language offered by the Mayor. An ordinance was presented at the September 23 Council meeting, which triggered additional discussion. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 16 Based on those discussions, adjustments were made to the final ordinance, including a definition of Lakeshore, which has been replaced with Ordinary High-Water Line. There was also some discussion about how the nearest lakeward projection of the adjacent homes are determined. In instances when the surveyor cannot obtain permission to access a neighboring property, the City has and will continue to accept information based on satellite imagery. As directed by the City Council, the proposed ordinance does not make wholesale changes to the Average Lakeshore regulations and will impact only a small percentage of lake lots. Staff recommends adoption of the ordinance. Johnson noted he provided an example at the last meeting of a complication with the average lakeshore setback ordinance and that he would like to get clarity on some of the language since it is an important document and will impact a number of people. The first concern is the different verbiage that is used. In the ordinance the words principal building is used three times, residence building is used three times, and structure and a building is also used. Johnson stated he would like to get some consistency in the words that are being used. The first line of the ordinance says, “No principal or accessory building shall be located closer to the Ordinary High- Water Line than the average distance from the shoreline of existing residence buildings on adjacent lots. Johnson asked whether residence building is different than what is being referenced as a principal building. Barnhart noted Staff is not proposing any change to that. Johnson indicated he would like to have some consistency in the terms used and that he is wondering whether principal should be used in place of residence building. City Attorney Mattick noted under Paragraph B, Staff inserted the term principal building since the term principal building is something that is used throughout the Code. The existing language of residence building was not modified. To be consistent, the term principal could be substituted in place of residence. Barnhart indicated Staff can make that change. Johnson stated where the language was clarified, it was switched to principal building. This issue came up when he presented the proposed ordinance to different folks that use the ordinance and they found it confusing. At the end of that same paragraph, the term residence building is used again. Under Paragraph A, the term residence building is used again. Johnson recommended the term principal building be used wherever the term residence building appears in the ordinance. Johnson stated in his view this is important because the ordinance does not apply to patios or other accessory structures less than 42 inches above existing grade. The ordinance goes on to list stairways, lifts, landings, lockboxes, flagpoles, and pump houses. Johnson asked whether that is referring to deck stairs. Barnhart stated only if they are above 42 inches. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 16 Johnson stated the language reads that it does not apply to those structures less than 42 inches above the existing grade. Johnson asked whether anything under 42 inches is considered part of the principal building. Barnhart stated that is correct. Johnson asked where that measurement is made from. Barnhart stated Staff historically uses six feet because it is sometimes hard to define where those steps hit the 42-inch level. Curtis stated if it is a structure that is six feet above grade, it is considered part of the massing. The City does not allow anything taller than 42 inches in the average lakeshore setback. Johnson asked if a stairway is measured from where the stairs start. Barnhart indicated they measure from where the stairs hit 42 inches and any portion of the stairs below 42 inches is not counted. Johnson asked if Staff feels this is adequate language to describe that situation. Barnhart stated in his view it is. Johnson asked if the language in Paragraph B would apply to an item like a deck that is attached to the principal structure. If the line does not bisect the principal building but it bisects the deck, does that line keep moving until it bisects nothing of the principal structure. Barnhart indicated that is correct. Johnson asked whether they must also meet the 75-foot setback even though it is not specifically stated in the ordinance. Barnhart stated that is true, as well as other applicable setbacks. Walsh summarized the proposed changes to the ordinance, noting that in Lines 18, 23, and 26, they are proposing to replace residence with principal. In Line 31 they will be replacing structure with principal building, and in Line 32 they will be adding principal in front of building. Johnson noted on Line 20 the words stairways all the way through pump houses should be in parentheses since those are examples. Walsh suggested they use the words and/or after the word grade. Walsh moved, Crosby seconded, to adopt ORDINANCE NO. 234, an Ordinance Amending the Code of Ordinances Pertaining to Average Lakeshore Setback, with Lines 18, 23, 26 being amended to read principal rather than residence; Line 31 being amended to read principal structure rather MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 16 than structure; with Line 32 being amended to read principal building rather than building; and to add the words and/or before the word stairways on Line 20. VOTE: Ayes 5, Nays 0. 26. LA19-000047 – SCOTT GATES ON BEHALF OF KRUCKEBERG REAL ESTATES, 4400 DEERING ISLAND, COMPREHENSIVE PLAN AMENDMENT, AMEND MUSA BOUNDARY This application was withdrawn at the request of the Applicant. 27. LA19-000067 – ALEXANDER DESIGN GROUP ON BEHALF OF MARK AND KRISTIE TIES, 3219 CASCO CIRCLE, VARIANCE Mark and Kristie Ties, Property Owners, and Sven Gustafson, Stonewood, were present. Curtis stated the applicant is proposing to construct a new home on the property and is requesting an average lakeshore setback variance. The existing home and guest house will be removed, and the boathouse will remain. Due to the shape and orientation of the property, a variance is being requested. The existing home and accessory buildings on this property are located lakeward of the average lakeshore setback line. Following the Planning Commission meeting, the applicant provided a revised site plan in response to the concerns expressed by the neighbor. The revised plan widened the angle of the neighbor’s view to accommodate an existing sightline over the existing one-story guest house. Following the public hearing and discussion, the Planning Commission voted 5-1 in favor of the proposal with the modification as presented and discussed. The applicant has provided a revised plan showing the 62.3 degree preservation discussed during the Planning Commission meeting. The City Council should discuss the application and then direct Staff to draft a resolution reflecting Council’s decision for adoption at the October 28 meeting. Sven Gustafson, Stonewood, stated it is a large but oddly shaped lot and that they have worked hard with Alexander Group to design a house that improved the lakeside setbacks, improved the side yard setbacks, and maintained good drainage. There is a fairly steep slope from where the courtyard bisects the property and then towards the back of the house. Between the Planning Commission meeting and this evening, the view has been improved from 60 degrees to 62.5, which was the direction of the Planning Commission. The house has also been pulled further back from the lake since the Planning Commission meeting. It was previously 148 feet to the lake and now it is proposed at 156 feet from the lake. Pulling it any further back from the lake created an issue with a large tree off the end of the garage as well as some drainage considerations. Walsh asked if the current plan is what is depicted on the overhead. Curtis indicated it is. The existing buildings shown with that same sightline are depicted by the black line. Gustafson stated the entirety of the second building is gone. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 16 Walsh commented he attended the Planning Commission meeting and the goal was to accommodate the neighbor’s desire to view over the boathouse, which has been accomplished. Gustafson stated what is not clear on the plan is the impact of the trees on the neighbor’s view. Through a lot of pruning, the view has been opened up without removing the structure. Walsh asked if anyone from the public would like to comment on this application. Stacy Marks, 3127 Casco Circle, stated she has been listening to the City Council and Planning Commission meetings and that they spend a lot of time talking about the average lakeshore setback because it is very important. It helps to maintain the quality of the lake and keep neighbors happy. Marks stated she is here tonight to ask the City Council to honor the setbacks since they serve a purpose and the people of Casco Circle have held pretty true to that in this area. Marks commented she thinks of this 49-foot setback as the elephant in the room and that typically the City will look at setbacks anywhere from 3 to 8 feet. The proposed structure and majority of the house is ahead of both lines. One of the things mentioned and noted in Staff’s report is that the lot will not accommodate the structure. The house can be moved inside that pocket, which is 120 feet, and that more than anything this is a design issue. Most people have their homes more complying with the setback, and as the City Council can see, the home fits in there just fine. The big question is how that can be considered a reason to come for a variance. Marks stated she also thinks it was a little disingenuous when the rest of the structure is not included in the packet. In order to see the whole roof, you have to go to Page 7 of 7. The rest of the proposed roof is even taller and only the left-hand portion of the house was shown. Those side-by-side images do not show a true picture of the house. Curtis stated the applicants were providing the view from the side of the new house to her house. Marks stated if you are comparing the two, you should also show the other side of the house as well because it shows a different picture. Marks requested the City Council to strongly consider the variance before making a decision. Seals asked where the current structure is. Curtis indicated the red lines depict the current structure and the boathouse is down by the lake. Seals stated in her view this Council tries to respect the 75-foot setback but that there is a continency within the code that allows someone to replace a structure in like and kind as long as they rebuild within a year. The applicants are pushing the structure further back, which is a good thing, but that she can understand why she would like to see the house moved. Walsh stated they are farther ahead of the average lakeshore setback right now, but they are pushing the house back from what was originally proposed and from what exists. Seals stated they are improving the situation. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 16 Walsh noted the Planning Commission discussed the neighbor’s view of the boathouse and the applicants made an accommodation to their plan to maintain that view even though there is nothing in the code requiring that. Johnson commented the existing house affords the property owners some privilege with the position of their new house and they are taking advantage of that, which they are entitled to do. If this was a vacant lot, they would not get any support for moving it in front of that average lakeshore setback line, but it is not a vacant lot and they have a right to place the house where it is. The applicants have moved it back from what was originally proposed to accommodate the neighbor’s view and they did not have to do that. Crosby asked how far back it is from the initial home. Gustafson stated he believes it is 143. Curtis stated 143 feet was the proposed home location and it is now 156 feet. Stacy Marks asked if there is now an as-if clause that is going to be applied because she did not read that anywhere in the code. The applicants are not replacing it in like and kind, and the rule should only apply if that was being replaced in like and kind. Walsh stated it is a mitigating factor versus it being a clean slate where someone has to have a practical difficulty to get a variance. Mattick stated the property owners can build exactly what they have without a variance if they rebuild it in like and kind. Since this is not a vacant lot, the Council has to consider other things, and historically Ms. Marks’ view has had some blockage. Marks noted the existing structure is 73 feet from her property and that this large three-story structure will be 17 feet from her house. What is being proposed is a very different structure from what exists, and if someone can get a 49-foot setback, the question is where does it stop. Printup moved, Johnson seconded, Application No. LA19-000067, Alexander Design Group on behalf of Mark and Kristie Ties, 3129 Casco Circle, to direct Staff to draft an approval resolution granting an average lakeshore setback variance. VOTE: Ayes 5, Nays 0. 28. LA19-000069 – GORDON JAMES CONSTRUCTION ON BEHALF OF DALE AND JONMARI OLSEN, 3315 CRYSTAL BAY ROAD, VARIANCES AND IUP John Quinlivan, Gordon James Construction; Andrea Swan, Architect; and Dale and JonMari Olsen, Property Owners, were present. Curtis stated the applicant is requesting a number of approvals in conjunction with redevelopment of the property. Due to the property’s small size and small deck, redevelopment will require the following variances: -Lot area; -Hardcover within the 75-foot setback; -Building and structure within the 75-foot setback -Driveway width within the 75-foot setback; MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 16 -49 percent total site hardcover where 25 percent is allowed; -30 percent building/structural coverage where 20 percent is the maximum allowed; - Rear yard setback; -Front (street) setback; and -Side yard setback. An interim use permit for export of approximately 1,120 cubic yards of material to be hauled from the property within 75-foot setback and off site is also being requested. At the September Planning Commission meeting, following a public hearing and discussion, they voted 4-2 on a motion to deny the requested variances. There was considerable discussion regarding the proposed structural coverage and the adjusted lot area used to calculate structural coverage between the applicant and the Planning Commission. In situations like this one where the traveled roadway does not exist in a dedicated easement, the actual paved width is removed from the lot area for calculation purposes. The total lot area of this property is 14,459 square feet; however, the adjusted area is determined to be 11,100 square feet. Staff does find practical difficulties inherent to the size and shape of the property in addition to the location of the roadway and lake to justify some level of variances for redevelopment. However, the applicant is proposing redevelopment on this property at a scale which is unsupported by practical difficulties and is far beyond what is reasonable for the property and neighborhood to support. Staff recognizes that this lot requires certain variances to support development and redevelopment. Staff does not support the structural coverage or hardcover variances because it appears the requests are borne out of convenience rather than hardship. Staff recommends the structural coverage be reduced to 20 percent. Staff recommends denial of the application as proposed. John Quinlivan, Gordon James Construction, noted there are currently 28 properties on Crystal Bay Road, with 24 considered lakeshore. Of the 24 properties with lakeshore, this property is the widest property at 150 feet. There are approximately 11 lots that are 50 feet or less width, four lots have 60 feet or less in width, five have 90 feet or less in width, and three lots are over 100 feet in width. This property is the widest of those properties but is also the second shallowest property, which presents a number of challenges and practical difficulties. A practical difficulty has to be a reasonable manner not created by the owner and fits the character of the neighborhood. A number of the lots to the west have front-load garages due to the width of the lot. There are five lots that are wider that have side-loading garages. Several properties to the east have variances for a garage tucked in the back. A side-loading garage was designed for several different reasons. Number one, it offers a better appearance. Number two, Crystal Bay Road is narrow, and it was felt it would be better not to back out into the street. The setbacks are greater than three times what was required. There is also very limited parking on Crystal Bay Road and the side-loading garage would allow for guest parking. As it relates to hardcover, they are proposing to capture nearly 100 percent of the runoff through cisterns that would capture as much water as possible. The driveway and other exterior hardcover will use pervious pavers and the gutters will direct water to the buried cisterns. The homeowners are very MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 16 involved with the newly proposed Lake Improvement District on Crystal Bay and have taken every effort to eliminate runoff from their proposed plan. Andrea Swan stated she would echo what was said by Mr. Quinlivan, and that she politely disagrees that the plan is for convenience but that it rather is for safety. As an architect, she follows codes relating to the health, safety, and welfare of the neighborhood and City. This lot would require a variance no matter what is done and the question is what is reasonable. This lot is uncharacteristic with the neighborhood and most of the homes vary greatly. To the east, the lots are bigger, with the garages in the back. To the west they get smaller for a while and then get bigger. The easy thing to do would be to put the garage on the front, but the right thing is not to do that for aesthetic and safety purposes. One of the neighbors pointed out that it is unsafe for cars to back out onto the road. In addition, the driveway has been made skinnier and pervious pavers will be used. Swan noted the City has received no objection letters from the neighborhood regarding their proposal and that they are the ones who know the characteristics of the neighborhood and what they would like to see. Quinlivan noted they have improved the lake side setback, the side yard setbacks, the rear yard setback from existing, and that there is a lot to be said for that. In addition, the lakeside of the lot has a number of retaining walls. They did meet out on site with Adam Edwards and he brought up some concerns from a plow perspective. Although it is not in the plan, those retaining walls can be removed and the homeowner is fine with that. Mayor Walsh asked if anyone from the public would like to comment on this application. Todd Olson, 3325 Crystal Bay Road, stated he supports the plan and that it fits in with the neighborhood. The houses are all different sizes and shapes. All the neighbors support it and it will be positive for the area. John East, 3445 Crystal Bay Road, stated he would echo those comments and that the new home would beautify the neighborhood. Crosby asked how many square feet the home is. Curtis indicated it is 3,454. Richard Anderson, 3205 Crystal Bay Road, stated he has .33 acres of land next to his marina and this is .25. The house he has designed for that lot is 20 percent structure and 24.9 percent hardcover. Something can be designed for this lot that fits in the footprint. The house is supposed to be 20 percent structural coverage and it is proposed at 31 percent. The area where they are talking about removing the retaining walls is at the widest part of the road and people park there. Anderson stated he is not sure if the 21 feet is accurate or if that is proposed. Curtis stated they are showing the width of the road narrowed. Anderson stated he has an issue with them removing part of the road. An argument could be made that the City does not own the road, but the fact of the matter is the pavement has been there for a long time MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 16 and there will be a struggle to take the pavement out. That area allows some parking and removal of it will be an issue. There are dock renters at this property and the next-door property and that is where the cars park when there is overflow. It also helps create a nice little buffer. In addition, the neighboring Anderson reiterated that someone can design the house to meet the 20 percent and meet the setbacks, and that it was his understanding the 20 percent was a hard and fast number. Printup commented what is being proposed is too much for the lot and that it has not been that long ago that the structural coverage was raised to 20 percent from 15 percent. Walsh noted Staff recommended the applicants comply with the 20 percent. Printup concurred it is a hard and fast number and they can redesign it. Quinlivan noted the Planning Commission thought the road was a practical difficulty, and if you take that out of the square footage, it really limits what can be built. Quinlivan asked whether the road could be considered a practical difficulty. Right now with the road it is 14,459 square feet and 11,000 square feet without it. Walsh pointed out the City typically removes the square footage out of the calculation, and if that was included, they would be able to meet that. Printup encouraged the applicants meet the structural and hardcover rules as much as possible. Walsh asked if the road was included as part of the lot for the other lots in the neighborhood. Curtis stated either the road is platted and is not included, or the road area is removed from the calculation. There have not been a lot of structural coverage variances granted because a number of the lots are 10,000 feet. The other new homes in the neighborhood have complied with the 20 percent. Quinlivan noted this is the shallowest property in the area, and where the road widens at the front of the house, the largest amount of road is on this property. In his view that is a practical difficulty and it would help fit the 20 percent overall lot coverage. Walsh commented he can see how it could be a practical difficulty and that the question becomes what mitigating factors there are. Even if all of that is factored in, they are still over. Quinlivan indicated it is 23.5 percent without the road and in their view they can reduce that. Printup noted the City does not count the pervious pavers and the cisterns. Quinlivan pointed out they will absorb all of the watershed for a significant cost and that in his view that is a pretty good trade-off. Removing the road would help. Walsh noted it is a choice to have a side-loading garage and that it creates a lot of hardcover. The proposed structural coverage and hardcover are the two things that jump out. Crosby commented it is too much. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 16 Seals stated it is a beautiful drawing, but it is too much for the lot. The lots are smaller in the Crystal Bay neighborhood. The proposed hardcover is also an issue and that in her view they are pushing the limits too much. Quinlivan pointed out they have 30-plus setbacks on each side and that it will look like there are two empty lots. The challenge is how to make it fit without looking out of place. Johnson stated the discussion at the Planning Commission was pretty interesting and that he is in favor of allowing them to use the 14,000 square foot number as the basis. Walsh stated that would make the road a practical difficulty. Johnson stated he believes the Planning Commission felt that as well. There is some advantage to being on a lot less than 10,000 square feet because they tend to get a lot of variances. Johnson indicated he would not be open to any restricting of that roadside and that he would like to see the walls removed. By using that 14,000 number, they can revise their plan to get closer to the numbers, but they will have to make some hard choices. Johnson stated he also heard the argument about backing out on to the street, and that he would like to keep the cars off the street as much as possible. If you have to back out, you have to be more careful. Johnson stated he would not be in favor of narrowing the road and that they should comply with the 20 percent structural coverage but that he is not sure about the hardcover number. Crosby commented he would like to see the hardcover number be reduced. Seals stated the problem with narrow roads is emergency vehicle access. Quinlivan asked if they can table the application. Walsh indicated they can do that. Curtis noted the deadline has been extended to January 1, 2010. Swan asked even if they put the garage facing the street, they would still be over on hardcover, and her question would be whether that would be better. Walsh commented it is not the purview of the City Council to design the house and that they just provide guidance. The City Council has provided the boundaries they should work within and gave them some flexibility with the road Quinlivan concurred there is some value to getting cars off the street and leaving it wider. If they leave the road the way it is today, there is also some desire to get cars off the street as well. Walsh stated those would be mitigating factors and that the City Council cannot give them an exact answer at this time. Curtis stated 1,400 square feet of driveway would be 10 percent. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 16 Johnson suggested showing the plan two ways. There is some flexibility with getting cars off the road but they have to shrink the overall house down. Walsh noted they cannot create their own practical difficulty. Walsh moved, Crosby seconded, to table Application No. LA19-000069, Gordon James Construction on behalf of Dale and JonMari Olsen, 3315 Crystal Bay Road. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Seals stated her team won the boating trophy. Even though the weather was cold and rainy, everyone had a lot of fun. Seals reported the Bederwood project is underway and it looks very nice. Printup noted he received an email yesterday about the Polar Plunge and that he is looking forward to it. Printup noted Minnesota had the current president visit the state last week and that in the future he would hope everyone would be open to any past, present, or future president visiting the City of Orono with open arms. Johnson had nothing to report. Crosby reported there was a major house fire on Walters Port on Friday. The winds were excessive, with 70-mile an hour gusts. The Long Lake Fire Department was on the scene fairly quickly and they did a great job, along with all the neighboring fire departments. Kudos to the crews and the firefighters because they did an outstanding job. Walsh stated he attended his daughter’s softball game in Wisconsin where they reached the consolation championship game. He also got to visit the Notre Dame football stadium, which was fun. CITY ADMINISTRATOR REPORT 30. DESIGNATE CONTRIBUTIONS FOR RIGHT-OF-WAY Rief noted a couple of Council members have requested the Council discuss where the funds received for the right-of-way be allocated. The contribution in lieu of the vacation was $35,000. Walsh stated he would like to see it go into the Park Fund and the Council could provide guidance to the Park Commission on how the money should be spent. The City has done a number of improvements to the parks over the past few years to bring them up to speed and the Park Commission has spent a substantial amount of money doing that. The City also received matching grants for Bederwood but the City has to match those amounts. As the City’s Park Fund is dwindling down, the City will need to sustain the parks and that he would like to start dedicating funds to that every year. The amount of development land in the City is slowly going away, which means fewer park dedication funds. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 16 Johnson stated any time the City sells an asset, the money should be dedicated towards something, and that he would be okay with putting it into the Park Fund. Walsh noted the City Council has to approve any funds that come out of the Park Fund so they will have some say in how the money is spent. The City might also want to look at improving lake accesses at some point. Rief stated park capital improvement items get spent out of the Park Fund and that currently there is no designated improvements related to any new accesses and that they are all related to current park accesses. If the City Council is interested in designating money toward lake access improvements, perhaps a joint meeting with the Park Commission would be beneficial. Sesals noted the City has a line item budget for the golf course and perhaps they could do the same thing for Lurton Park. Rief stated that was one thing that was discussed at the Park Commission work session. The City currently does not track expenditures on a per park basis since it is hard to capture that because a lot of it is related to maintenance. Seals stated she is thinking more of the parks that bring in money for services, such as the dog park. Rief stated Lurton Park brings in around 90 percent of the 100 percent they need, but that he can give an exact number. Seals stated when she was over at the Police Department last week, she heard some of the officers were at Lurton Park because it was the impression that they never check for permits. If the City is going to dedicate money towards improvements and maintenance, they need to understand the costs. Walsh commented Staff could perhaps come up with some ballparks. Rief stated the revenue part is easy to figure out but that allocating the maintenance expenses would be more difficult. Seals stated in her view the revenue from Lurton should go right back into the park and not into the General Fund. Rief stated the permit fees go into the General Fund and that they can track the expenses related to that park. Rief stated he will discuss that with Adam and br ing back some options. The City does not know the exact operational costs of the park. In addition, there has been some vandalism at the park. Rief stated he will bring that item back before the City Council after Staff has had a chance to discuss it. Seals moved, Crosby seconded, to direct Staff to deposit the Lurton Dog Park permit fees directly into the Parks budget for reinvestment into Lurton Dog Park. Rief noted that will cause an amendment to the budget and that they will bring it forward at the final budget meeting. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 16 VOTE: Ayes 5, Nays 0. Seals moved, Crosby seconded, to allocate proceeds received from the right-of-way vacation associated with Application No. LA19-000017 to the Parks Fund. VOTE: Ayes 5, Nays 0. Rief stated he needs one or two Council members to go through the audits. Seals moved, Walsh seconded, to appoint Aaron Printup. VOTE: Ayes 5, Nays 0. CITY ATTORNEY REPORT 32. CLOSED SESSION This item was removed from the Agenda. ADJOURNMENT Printup moved, Seals seconded, to adjourn the Orono City Council meeting at 8:51 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Special Work Session Monday, October 14, 2019 Council Chambers 6:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Aaron Printup, Matt Johnson and Victoria Seals. Representing staff were City Administrator Dustin Rief, City Attorney Soren Mattick and City Clerk Anna Carlson. Guests: Residents William Wolfson, Yousry Elshazaly, and Scott Brown 1. Receive and Discuss proposals to purchase City Parcels on Crystal Bay Road. a. Proposals: i. William L. Wolfson, 3407 Crystal Bay Road proposal to purchase PID:1711723430115 for $50,000 ii. Yousry Elshazaly, 3415 Crystal Bay Road proposal to purchase PID: 1711723430117 for $50,000. iii. Scott A. Brown, 3435 Crystal Bay Road proposal to purchase PID: 1711723430119 for $50,000. iv. Jon and Kelly Eiss, 3445 Crystal Bay Road proposal to purchase PID: 1711723430123 for $50,000. City Administrator Dustin Rief presented the proposals to the City Council. Rief invited the proposers to the work session to discuss their proposals. He mentioned if the Council decides they would like to entertain the proposals the meeting would be closed for discussion at the regular meeting scheduled for later tonight. Mayor Dennis Walsh noted the Council should figure out if they want to sell and if they do want to sell, does the option need to be opened up to all residents for sale. Walsh also mentioned the Council should consider discussing how much to sell the lots for if they chose to go that route. He added figuring out how to do that is another discussion. He also mentioned that he understands the proposers have made proposals and what that entails but the discussion should happen. City Attorney Soren Mattick noted that it would be wise to figure out what you want to do with the land and then figure out who you would want to open it up to. Council Member Aaron Printup mentioned that the City has said no to the sale of these properties for years and it could be a mute subject. Council Member Victoria Seals asked if these four properties have bathing and boating rights. Mattick responded by mentioning that the definition of bathing and boating rights normally does not include having docks. He added nearly eighty or so homes have bathing and boating rights. Seals stated she was open to putting a dock in and later determining a number for spots available, and then possibly open up an option for reserving the docks. Orono City Council Special Work Session Monday, October 14, 2019 Council Chambers 6:00 p.m. Guest William Wolfson asked if the City could legally do that. Mattick mentioned that the City created the ordinance for docks and it has the authority to change it because what is being discussed is not technically against state law. Walsh introduced a third option which would be, creating a long term lease so the properties adjacent could have a dock there but may not allow them to own. He noted by having the City maintain ownership over the land and developing an annual lease could possibly work. Seals noted that if we keep ownership that would be ideal. Walsh mentioned that it seems the option to sell may not be of interest of the Council, but the City can look into some type of lease. Council Member Matt Johnson indicated he feels differently about the two inside lots versus the outside lots. Johnson stated the City should take whatever revenues it can get from selling these properties and use it for improving other access areas. He presented another concept for the lots discussed. Johnson noted the city could consider vacating that easement and add it to Wolfson property to make it contiguous. He added it would take 60 feet of lakeshore to get four docks in there. He also added that the City could then use the revenues gained from the sale of the properties here to improve the area. Printup added that he still is not in favor for selling City land. Walsh mentioned that there may be an opportunity to discuss this concept with the Parks Commission. Johnson mentioned that he asked the current Parks Commission chair if there has ever been discussion about access areas and that the commissioner feels that we should support them. Wolfson added that residents would end up using our private street for an appropriate use, by using it as a landing. Crosby commented it seems when there isn’t a vested interest, it tends to not be maintained. He stated he has mixed feelings regarding the issue. Walsh would like the staff, attorney and land owners to get together to figure out a lease for the land for each four lots. Johnson mentioned that we have other people that have rights and how does it affect them. Mattick mentioned leasing the land doesn’t necessarily distinguish the boating and bathing rights. Orono City Council Special Work Session Monday, October 14, 2019 Council Chambers 6:00 p.m. Walsh mentioned that it wouldn’t affect the public access. The growth could be improved. Rief asked are we looking at a dock for each parcel or something different. Walsh indicated the City would like to have a lease for each parcel. We will leave it to staff to determine cost and policy. We solve the problem, they get the dock and the city keeps the land. Printup reiterated that the city is not interested in selling the land. Adjourned: 6:43p.m. ATTEST: ___________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: MLU Reviewed By: RJO Approved By: A.Carlson 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 112735 to 112813, totaling $402,975.32. 3. Noteworthy Payments. Vendor Amount Description of Payment #112761 David Weekley Homes $9,700.00 Refund of an escrow, less 3% convenience fee for payment by credit card. #112781 Minnesota Topsoil $11,522.00 Payment for removal of compost and spoiled dirt at Public Works facility. #112782 MN Dept of Labor & Industry $43,042.69 Payment for state surcharge collected for permits issued between Quarter 3, 2018 through Quarter 3, 2019. #112804 Sunram Construction $104,757.47 First payment for the Bederwood Sports field project . 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 Item No.: 3 Date: October 28, 2019 Item Description: Claims/Bills Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount David Goman 10/23/2019 111551 030519 601-49400-437 St. Cloud Water School Water 5.00- Total 111551:5.00- FAST SIGNS 10/15/2019 112680 100-30282 225-45200-223 Tree Walk Project 1,323.03- Total 112680:1,323.03- Erickson, Bob 10/18/2019 112735 101819 101-22205 Escrow Refund D19-7, D19-11 365 Westlake Street 2,000.00 Erickson, Bob 10/18/2019 112735 101819 101-39615 Escrow Refund D19-7, D19-11 365 Westlake Street 60.00- Total 112735:1,940.00 LaPointe Utilities Inc 10/18/2019 112736 101819 101-22205 Escrow Refund ROW19-000061 1770 West Farm R 1,500.00 Total 112736:1,500.00 MINNETONKA CUSTOM HOMES 10/18/2019 112737 101019 101-22205 Escrow Refund RPS18-000065 680 Orchard Park R 1,000.00 MINNETONKA CUSTOM HOMES 10/18/2019 112737 101019 101-39615 Escrow Refund RPS18-000065 680 Orchard Park R 30.00- Total 112737:970.00 ASPEN EQUIPMENT 10/28/2019 112743 244917 101-42110-226 Sergeant Uniform Police Department 375.60 Total 112743:375.60 BATTERIES PLUS 10/28/2019 112744 P20099745 101-41900-223 Emergency Exit Lights - Council Chamber Central Services 35.98 Total 112744:35.98 BIFFS INC 10/28/2019 112745 W741124 101-45200-415 Bederwood Park Parks 164.00 BIFFS INC 10/28/2019 112745 W741125 101-45200-415 Summit Beach Parks 164.00 BIFFS INC 10/28/2019 112745 W741126 101-45200-415 Hackberry Park Parks 133.00 BIFFS INC 10/28/2019 112745 W741127 101-45210-415 Orono Golf Course Golf Course 66.50 BIFFS INC 10/28/2019 112745 W741128 101-45200-415 Crystal Bay Playground Parks 66.50 BIFFS INC 10/28/2019 112745 W741129 101-45200-415 Navarre Playground Parks 164.00 BIFFS INC 10/28/2019 112745 W741130 101-45200-415 French Creek Preserve Parks 66.50 BIFFS INC 10/28/2019 112745 W741131 101-45200-415 Lurton Park Parks 66.50 BIFFS INC 10/28/2019 112745 W741132 101-45220-415 Brush Site Brush Site 66.50 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112745:957.50 BOLTON & MENK INC.10/28/2019 112746 0238580 602-16500 Generator LS#1 19-018 3,336.50 BOLTON & MENK INC.10/28/2019 112746 0238580 651-16500 MCWD Coordination 19-029 256.00 BOLTON & MENK INC.10/28/2019 112746 0240039 651-16500 2018 Storm Water Project 18-016 825.00 BOLTON & MENK INC.10/28/2019 112746 0240039 435-48972-304 Bracketts Point Mill & Overlay 19-046 325.00 BOLTON & MENK INC.10/28/2019 112746 0240039 602-16500 Generator LS#1 19-018 585.00 BOLTON & MENK INC.10/28/2019 112746 0240367 101-43280-304 LA19-000022 Willow Bay Sanctuary Special Services 756.00 Total 112746:6,083.50 Bratt Tree Company 10/28/2019 112747 3101 101-43000-408 Tree Removal in ROW Public Works Department 1,500.00 Bratt Tree Company 10/28/2019 112747 3102 101-43000-408 Tree Removal in ROW Public Works Department 900.00 Total 112747:2,400.00 BUREAU OF CRIM. APPREHEN 10/28/2019 112748 568433 101-42110-311 CJDN Access Fee Police Department 510.00 Total 112748:510.00 CAMPBELL KNUTSON 10/28/2019 112749 0000G-166 603-49500-307 Recycling Contract 155.00 CAMPBELL KNUTSON 10/28/2019 112749 0000G-166 101-41600-307 General Legal/Review 09/19 Law/Legal Services 527.00 CAMPBELL KNUTSON 10/28/2019 112749 0000G-166 101-41600-307 ROW Ord/Collocation Agreement Law/Legal Services 1,038.50 CAMPBELL KNUTSON 10/28/2019 112749 0000G-166 101-41600-307 Centerpoint Franchise Agreement Law/Legal Services 170.50 CAMPBELL KNUTSON 10/28/2019 112749 0004G-154 101-42110-307 Police Matters 09/19 Police Department 62.00 CAMPBELL KNUTSON 10/28/2019 112749 0115G-109 101-41600-308 Code Enforcement/Ord Violation 09/19 Law/Legal Services 46.50 CAMPBELL KNUTSON 10/28/2019 112749 0150G-99 101-41600-308 Contempt Matter 09/19 Law/Legal Services 170.50 CAMPBELL KNUTSON 10/28/2019 112749 0201G-88 101-41600-307 Misc Recordings 09/19 Law/Legal Services 809.30 CAMPBELL KNUTSON 10/28/2019 112749 0631G-1 101-43280-307 LA19-000054 855 Old Crystal Bay Rd S Special Services 75.00 CAMPBELL KNUTSON 10/28/2019 112749 0632G-1 101-43280-307 LA19-000055 3345 Fox St Special Services 75.00 CAMPBELL KNUTSON 10/28/2019 112749 0633G-1 101-43280-307 LA19-000056 140 Leaf St Special Services 75.00 CAMPBELL KNUTSON 10/28/2019 112749 0634G-1 101-43280-307 LA19-000057 430 Old Long Lake Rd Special Services 100.00 CAMPBELL KNUTSON 10/28/2019 112749 0635G-1 101-43280-307 LA19-000058 1080 Heritage Ln Special Services 75.00 CAMPBELL KNUTSON 10/28/2019 112749 0636G-1 101-43280-307 LA19-000070 430 Old Long Lake Rd Special Services 100.00 CAMPBELL KNUTSON 10/28/2019 112749 0800G-49 101-42400-307 Staff Meetings 09/19 Building & Zoning 341.00 CAMPBELL KNUTSON 10/28/2019 112749 0801G-49 101-41600-307 Council Meetings 09/19 Law/Legal Services 682.00 CAMPBELL KNUTSON 10/28/2019 112749 0802G-49 101-42400-307 B&Z Assistance 09/19 Building & Zoning 325.50 CAMPBELL KNUTSON 10/28/2019 112749 0803G-40 101-41600-307 Ordinances 09/19 Law/Legal Services 852.50 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112749:5,680.30 CARDMEMBER SERVICE 10/28/2019 112750 050619-2 101-42110-437 PLEAA Training - H. Gehlen Police Department 85.00 CARDMEMBER SERVICE 10/28/2019 112750 062719 101-45200-416 Big Island Security Camera Parks 29.97 CARDMEMBER SERVICE 10/28/2019 112750 080919-2 101-42110-226 Firearm Safety Training Shirts Police Department 97.71 CARDMEMBER SERVICE 10/28/2019 112750 082719-1 225-45200-223 Tree Walk Project - Orono Rotary 1,323.03 CARDMEMBER SERVICE 10/28/2019 112750 082719-2 601-49400-201 Blank Door Hangers Water 79.90 CARDMEMBER SERVICE 10/28/2019 112750 082719-3 101-45200-416 Big Island Security Camera Parks 29.97 CARDMEMBER SERVICE 10/28/2019 112750 090619-1 101-45210-223 Rollers/Scrapers Tees Box Mower Golf Course 543.00 CARDMEMBER SERVICE 10/28/2019 112750 091919 101-42110-489 Tree Planting Project - Lurton Police Department 10.71 CARDMEMBER SERVICE 10/28/2019 112750 092719-1 101-45200-416 Big Island Security Camera Parks 29.97 CARDMEMBER SERVICE 10/28/2019 112750 101119 101-43000-489 Recovery Rope Bags - ID Tags Public Works Department 25.00 CARDMEMBER SERVICE 10/28/2019 112750 101119-1 101-45210-489 Water Use Report - Golf Course Irrigation Golf Course 208.67 CARDMEMBER SERVICE 10/28/2019 112750 101519 101-42110-437 BCA Training - T. Carlson Police Department 75.00 CARDMEMBER SERVICE 10/28/2019 112750 101519-1 101-45200-223 Dog Park Supplies Parks 78.99 CARDMEMBER SERVICE 10/28/2019 112750 101819 101-42110-402 Squad #261 Oil Change Police Department 80.27 CARDMEMBER SERVICE 10/28/2019 112750 102119 701-49800-221 Repair Plat Packer 53.72 CARDMEMBER SERVICE 10/28/2019 112750 102119-1 101-45210-437 Water Operator License Training Golf Course 225.00 CARDMEMBER SERVICE 10/28/2019 112750 MULTIPLE 101-41900-322 Comp Plan Mailing - USPS Central Services 14.35 CARDMEMBER SERVICE 10/28/2019 112750 MULTIPLE 101-42400-437 Inspector Training Building & Zoning 545.00 CARDMEMBER SERVICE 10/28/2019 112750 MULTIPLE 101-42400-437 APA Conference - L. Oakden & J. Barnhart Building & Zoning 600.00 CARDMEMBER SERVICE 10/28/2019 112750 MULTIPLE 101-42400-437 APA Conference - J. Barnhart Building & Zoning 255.55 CARDMEMBER SERVICE 10/28/2019 112750 MULTIPLE 101-42400-437 APA Conference - L. Oakden Building & Zoning 127.78 CARDMEMBER SERVICE 10/28/2019 112750 MULTIPLE 101-42400-437 APA Conference Building & Zoning 74.09- Total 112750:4,444.50 CEMSTONE 10/28/2019 112751 C2107953 101-43000-224 Building Bins for Material Storing - Concrete Blocks Public Works Department 260.00 CEMSTONE 10/28/2019 112751 C2108362 101-43000-224 Building Bins for Material Storing - Concrete Blocks Public Works Department 520.00 Total 112751:780.00 CENTERPOINT ENERGY MAIN 10/28/2019 112752 93019 601-49400-381 Gas 8/21-9/20/19 Water 374.41 CENTERPOINT ENERGY MAIN 10/28/2019 112752 93019 602-49450-381 Gas 8/21-9/20/19 Sewer 498.81 CENTERPOINT ENERGY MAIN 10/28/2019 112752 93019 101-41900-381 Gas 8/21-9/20/19 Central Services 81.10 CENTERPOINT ENERGY MAIN 10/28/2019 112752 93019 101-42110-381 Gas 8/21-9/20/19 Police Department 32.57 CENTERPOINT ENERGY MAIN 10/28/2019 112752 93019 101-45210-381 Gas 8/21-9/20/19 Golf Course 23.43 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112752:1,010.32 Century Link 10/28/2019 112753 100419 601-49400-321 Water Plant Phone/Internet 10/4-11/3/19 Water 137.90 Total 112753:137.90 CenturyLink 10/28/2019 112754 1478183722 614-49840-329 Internet 9/8/19-10/7/19 Cable Franchise 1,059.23 Total 112754:1,059.23 CINTAS CORPORATION 10/28/2019 112755 4027372363 101-41900-401 Mat Service - Council Chambers Central Services 10.80 CINTAS CORPORATION 10/28/2019 112755 4032390136 101-43000-226 Uniform Public Works Department 59.54 CINTAS CORPORATION 10/28/2019 112755 4032390136 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 10/28/2019 112755 4032390136 101-43000-404 Mat Service - PW Public Works Department 14.40 CINTAS CORPORATION 10/28/2019 112755 4032958622 101-43000-226 Uniform Public Works Department 59.54 CINTAS CORPORATION 10/28/2019 112755 4032958622 101-43000-221 Shop Towels Public Works Department 2.63 Total 112755:149.54 CITY OF LONG LAKE 10/28/2019 112756 00201471 601-49400-387 2nd Qtr Water Water 2,988.56 CITY OF LONG LAKE 10/28/2019 112756 00201471 602-49450-387 2nd Qtr Sewer Sewer 2,087.88 CITY OF LONG LAKE 10/28/2019 112756 00201472 601-49400-387 3rd Qtr Water Water 3,935.07 CITY OF LONG LAKE 10/28/2019 112756 00201472 602-49450-387 3rd Qtr Sewer Sewer 2,087.88 Total 112756:11,099.39 City of Orono Utilities 10/28/2019 112757 3RD QTR 20 101-42110-382 3rd Quarter 2019 PD Police Department 738.59 City of Orono Utilities 10/28/2019 112757 3RD QTR 20 101-41900-381 3rd Quarter 2019 CH Central Services 738.60 City of Orono Utilities 10/28/2019 112757 3RD QTR 20 101-41900-382 3rd Quarter 2019 Post Office Central Services 181.14 City of Orono Utilities 10/28/2019 112757 3RD QTR 20 101-41900-382 3rd Qtr 2019 UB-PW Central Services 607.82 City of Orono Utilities 10/28/2019 112757 3RD QTR 20 601-49400-382 3rd Quarter 2019 Water Plant Water 319.74 Total 112757:2,585.89 COMMERCIAL ASPHALT 10/28/2019 112758 191015 101-43000-224 2019 Road Patching 19-009 Public Works Department 1,225.22 Total 112758:1,225.22 CORNERHOUSE 10/28/2019 112759 2020PD15 101-42110-319 2020 Forensic Interview Svcs Police Department 4,565.46 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112759:4,565.46 David Goman 10/28/2019 112760 030519 601-49400-437 St. Cloud Water School Water 5.00 David Goman 10/28/2019 112760 101919 101-43000-226 Safety Boots Public Works Department 200.00 Total 112760:205.00 David Weekley Homes 10/28/2019 112761 102219 101-22205 Escrow Refund RPS19-000030 485 Sandhill Drive 10,000.00 David Weekley Homes 10/28/2019 112761 102219 101-39615 Escrow Refund RPS19-000030 485 Sandhill Drive 300.00- Total 112761:9,700.00 EARL F ANDERSON & ASSOC 10/28/2019 112762 0121741-IN 101-43000-224 Concrete Curb Markers Public Works Department 221.60 EARL F ANDERSON & ASSOC 10/28/2019 112762 0121746-IN 101-43000-224 Lyman Rd to Private, OLL Rd Driveway Public Works Department 102.45 Total 112762:324.05 ECM PUBLISHERS INC 10/28/2019 112763 093019 101-41900-352 Finance Charge Central Services .50 ECM PUBLISHERS INC 10/28/2019 112763 729154 101-42400-340 Public Hearing - October Building & Zoning 47.68 ECM PUBLISHERS INC 10/28/2019 112763 731006 101-42400-340 Public Hearing - October Building & Zoning 41.72 ECM PUBLISHERS INC 10/28/2019 112763 732699 101-41900-352 Ordinance 232 Central Services 71.52 ECM PUBLISHERS INC 10/28/2019 112763 732700 101-41900-352 Ordinance 233 Central Services 86.42 Total 112763:247.84 FERGUSON WATERWORKS #25 10/28/2019 112764 0344531 601-16500 Water Meter Replacement 19-026 455.00 Total 112764:455.00 GENUINE PARTS COMPANY/NA 10/28/2019 112765 3270-455367 701-49800-221 Bungees for Truck Tarp 19.90 GENUINE PARTS COMPANY/NA 10/28/2019 112765 3270-455579 101-42110-221 Returned Mud Flap - Invoice 455152 Police Department 44.99- GENUINE PARTS COMPANY/NA 10/28/2019 112765 3270-455735 101-42110-221 Squad #260 Splash Guard Police Department 19.99 GENUINE PARTS COMPANY/NA 10/28/2019 112765 3270-455745 701-49800-222 Unit #712, 408 Oil Changes Task 32741-32742 14.30 GENUINE PARTS COMPANY/NA 10/28/2019 112765 3270-456762 701-49800-222 Unit #422 Task 33246 29.70 GENUINE PARTS COMPANY/NA 10/28/2019 112765 3270-456779 701-49800-222 Boat Motor Task 33247 5.29 GENUINE PARTS COMPANY/NA 10/28/2019 112765 3270-456974 701-49800-222 Shop Supplies - Filters 66.44 Total 112765:110.63 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GMH ASPHALT 10/28/2019 112766 PAY 5 435-20600 2019 Street Improvements 19-001 32,135.74 GMH ASPHALT 10/28/2019 112766 PAY 5 435-48972-590 2019 Street Improvements 19-001 17,384.02 Total 112766:49,519.76 GRAINGER INC 10/28/2019 112767 9329940903 701-49800-240 Dill Bit Case 26.56 Total 112767:26.56 HENNEPIN COUNTY INFOR TE 10/28/2019 112768 1000137441 710-49970-401 Network Support 10-2019 58.00 HENNEPIN COUNTY INFOR TE 10/28/2019 112768 1000137630 101-43000-414 PW Radios 9/19 Public Works Department 195.57 Total 112768:253.57 J & J GLASS AND GLAZING INC 10/28/2019 112769 12960 101-41900-404 Post Office Door Repair Central Services 585.00 Total 112769:585.00 JEREMY BARNHART 10/28/2019 112770 092619 101-42400-331 Mileage-Site Visits/inspections/Code Enforcement Building & Zoning 129.92 JEREMY BARNHART 10/28/2019 112770 092619 101-42400-437 Mileage-Training Building & Zoning 168.20 Total 112770:298.12 Laura Oakden 10/28/2019 112771 92519 101-42400-331 Shoreline Discussion Building & Zoning 10.00 Laura Oakden 10/28/2019 112771 92519 101-42400-437 APA Conference Building & Zoning 167.04 Total 112771:177.04 LOGIS 10/28/2019 112772 47591 405-48500-575 Hosted Servers Project 4,000.00 LOGIS 10/28/2019 112772 47651 101-41900-329 Backups 10/19 Central Services 850.00 LOGIS 10/28/2019 112772 47651 101-42110-310 Police Records 10/19 Police Department 7,293.00 LOGIS 10/28/2019 112772 47651 710-49970-329 Internet 10/19 218.00 LOGIS 10/28/2019 112772 47651 614-49840-329 Internet 10/19 Cable Franchise 218.00 Total 112772:12,579.00 MACQUEEN EQUIPMENT 10/28/2019 112773 P22752 701-49800-222 Unit #460 Sweeper Repair Task 32649 151.62 MACQUEEN EQUIPMENT 10/28/2019 112773 P22897 701-49800-222 Unit #460 Repair 86.86 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112773:238.48 MANSFIELD OIL COMPANY 10/28/2019 112774 21494975 101-42110-212 Unleaded Fuel Police Department 2,792.13 MANSFIELD OIL COMPANY 10/28/2019 112774 21494976 701-49800-212 Diesel Fuel 612.96 Total 112774:3,405.09 MARGARET UNG 10/28/2019 112775 101819 101-41300-489 Staff Development Event Administration 82.39 MARGARET UNG 10/28/2019 112775 101819 101-41500-331 Mileage 9/30-10/18/19 Finance Department 12.76 MARGARET UNG 10/28/2019 112775 101819 101-41500-437 MNGFOA Conference - Mileage Reimb Finance Department 142.68 Total 112775:237.83 MARK S BENDICKSON INC 10/28/2019 112776 10/14/19 101-43290-800 Golf Course Christmas Tree Special Projects-Contingencies 1,000.00 Total 112776:1,000.00 MET COUNCIL ENVIRONMENTA 10/28/2019 112777 0001101514 602-49450-383 Wastewater Charges 11/2019 Sewer 46,280.36 Total 112777:46,280.36 MIDWEST AQUA CARE 10/28/2019 112778 101519 101-45210-404 2019 Golf Pond Maintenance Golf Course 910.00 Total 112778:910.00 MINNEAPOLIS OXYGEN COMPA 10/28/2019 112779 00048948 701-49800-221 Oxygen & Acetylene 29.70 Total 112779:29.70 MINNESOTA EQUIPMENT 10/28/2019 112780 P04768 701-49800-222 Unit #50 Task 32740 54.69 MINNESOTA EQUIPMENT 10/28/2019 112780 P04952 701-49800-222 Unit #450 Service Task 32740 22.69 Total 112780:77.38 Minnesota Topsoil 10/28/2019 112781 2019001 651-49910-406 Topsoil Haulout Storm Water 5,761.00 Minnesota Topsoil 10/28/2019 112781 2019001 602-49450-406 Topsoil Haulout Sewer 5,761.00 Total 112781:11,522.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN DEPT OF LABOR & INDUST 10/28/2019 112782 DECEMBER 101-20802 DECEMBER0531702018-Surcharge 11,645.07 MN DEPT OF LABOR & INDUST 10/28/2019 112782 DECEMBER 101-39610 DECEMBER0531702018-Surcharge 465.80- MN DEPT OF LABOR & INDUST 10/28/2019 112782 JUNE2019 101-20802 JUNE0531702019-Surcharge 9,240.00 MN DEPT OF LABOR & INDUST 10/28/2019 112782 JUNE2019 101-39610 JUNE0531702019-Surcharge 369.60- MN DEPT OF LABOR & INDUST 10/28/2019 112782 MARCH2019 101-20802 MARCH0531702019-Surcharge 7,599.89 MN DEPT OF LABOR & INDUST 10/28/2019 112782 MARCH2019 101-39610 MARCH0531702019-Surcharge 304.00- MN DEPT OF LABOR & INDUST 10/28/2019 112782 SEPTEMBE 101-20802 SEPTEMBER0531702018 Surcharge 6,491.10 MN DEPT OF LABOR & INDUST 10/28/2019 112782 SEPTEMBE 101-39610 SEPTEMBER0531702018 Surcharge 259.64- MN DEPT OF LABOR & INDUST 10/28/2019 112782 SEPTEMBE 101-20802 SEPTEMBER0531702019-Surcharge 9,860.07 MN DEPT OF LABOR & INDUST 10/28/2019 112782 SEPTEMBE 101-39610 SEPTEMBER0531702019-Surcharge 394.40- Total 112782:43,042.69 MTI DISTRIBUTING INC 10/28/2019 112783 1236380-00 101-45210-404 Golf Irrigation Winterization Golf Course 907.46 Total 112783:907.46 NAVARRE HARDWARE 10/28/2019 112784 320775 601-49400-405 Gate Valve Repair 3465 Shoreline Dr Water 14.97 NAVARRE HARDWARE 10/28/2019 112784 320813 101-45200-223 Post Puller Dock Sections Parts Parks 31.39 NAVARRE HARDWARE 10/28/2019 112784 320927 651-49910-240 Caulk Gun Storm Water 20.99 NAVARRE HARDWARE 10/28/2019 112784 320928 651-49910-227 Bind Concrete Together - Task 29804 Storm Water 41.94 NAVARRE HARDWARE 10/28/2019 112784 320944 601-49400-322 UPS Water Water 158.96 NAVARRE HARDWARE 10/28/2019 112784 K88907 101-45200-223 For Dock Post Puller Parks 6.87 Total 112784:275.12 NEWEGG INC 10/28/2019 112785 1302423766 710-49970-221 Cables for City Bluetooth Phone Device 14.97 NEWEGG INC 10/28/2019 112785 1302425679 710-49970-221 PD Replacement Printer 84.98 NEWEGG INC 10/28/2019 112785 1302431734 710-49970-221 PD Squad Room Upgrade to Window 10 Computers 839.98 Total 112785:939.93 NORLINGS 10/28/2019 112786 36092 101-45200-404 Livingston Park Maintenance Parks 220.00 NORLINGS 10/28/2019 112786 36093 101-45200-404 Crystal Bay Park Landscape Maintenance Parks 340.00 NORLINGS 10/28/2019 112786 36094 101-45200-404 Navarre Park Maintenance Parks 760.00 Total 112786:1,320.00 NORTHERN LIGHTS DISPLAY 10/28/2019 112787 19-1345 101-43290-800 Tree Lighting Event Special Projects-Contingencies 2,418.65 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112787:2,418.65 O SULLIVANS HOLIDAY 546 10/28/2019 112788 093019 101-42110-402 09/19 Car Washes Police Department 38.50 Total 112788:38.50 O SULLIVANS HOLIDAY 547 10/28/2019 112789 093019 101-42110-402 09/19 Car Washes Police Department 174.75 Total 112789:174.75 OFFICE DEPOT 10/28/2019 112790 3856532010 101-41900-201 Office Supplies Central Services 59.36 Total 112790:59.36 OPTUM 10/28/2019 112791 9410567 101-41900-319 HSA maintenance fee 3rd Qtr 2019 Central Services 132.50 Total 112791:132.50 PIRTEK 10/28/2019 112792 PL-T0000002 701-49800-222 Repair Unit #427, Plow Front, Hydro Fitting 98.49 PIRTEK 10/28/2019 112792 S3024047.00 701-49800-222 Hydraulic Hose 334.05 Total 112792:432.54 RANDYS ENVIRONMENTAL SER 10/28/2019 112793 101919 101-45220-404 Garbage Service Brush Site 34.21 RANDYS ENVIRONMENTAL SER 10/28/2019 112793 101919 101-45210-404 Garbage Service Golf Course 76.33 RANDYS ENVIRONMENTAL SER 10/28/2019 112793 101919 101-45200-404 Garbage Service Parks 452.74 RANDYS ENVIRONMENTAL SER 10/28/2019 112793 101919 101-41900-404 Garbage Service Central Services 374.08 Total 112793:937.36 Reed Wholesale & OCS 10/28/2019 112794 101819 101-45210-094 Concessions Resale-GC Golf Course 134.51 Total 112794:134.51 Reinders Inc.10/28/2019 112795 3204767-00 101-45210-223 Snow Mold Fungicide Golf Course 286.85 Total 112795:286.85 Riverside Design 10/28/2019 112796 1562 101-45200-223 Lurton Dog Park Passes Parks 651.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 112796:651.00 RUFFRIDGE JOHNSON INC 10/28/2019 112797 IA14816 701-49800-221 Coupling - Auger on Patch Truck #432 171.49 Total 112797:171.49 SAFETY VEHICLE SOLUTIONS 10/28/2019 112798 1859 701-49800-222 Unit #409 Safety Lighting 374.00 SAFETY VEHICLE SOLUTIONS 10/28/2019 112798 1872 701-49800-222 Replacement Lights for Larger Plow Trucks 1,173.00 SAFETY VEHICLE SOLUTIONS 10/28/2019 112798 1873 701-49800-222 Truck Equipment for Hands Free Law 2,903.00 Total 112798:4,450.00 SECURITY & SOUND CO 10/28/2019 112799 21688 101-42110-401 Software Install & Support Police Department 450.00 SECURITY & SOUND CO 10/28/2019 112799 21705 405-48500-580 IP Camera - Chamber, Lobby, Parking 4,370.00 Total 112799:4,820.00 STA SAFE LOCKSMITH 10/28/2019 112800 00208147 101-41900-404 Council Chambers Camera Assembly Central Services 141.80 Total 112800:141.80 STAR TRIBUNE 10/28/2019 112801 092919 101-42110-208 Subscription Acct 1069427 10/14/19-01/13/20 Police Department 139.23 Total 112801:139.23 STREICHERS POLICE EQUIP 10/28/2019 112802 I1388150 101-42110-226 Uniform Shirt Carrier, Trauma Plate Police Department 1,032.00 STREICHERS POLICE EQUIP 10/28/2019 112802 I1388379 101-42110-226 Flashlight, Squad Uniforms Police Department 480.95 STREICHERS POLICE EQUIP 10/28/2019 112802 I1388904 101-42110-226 Battery Police Department 59.98 STREICHERS POLICE EQUIP 10/28/2019 112802 I1388970 101-42110-226 Leg Irons, Compat Application Police Department 259.98 STREICHERS POLICE EQUIP 10/28/2019 112802 I1391309 101-42110-228 Practice Ammo Police Department 971.25 Total 112802:2,804.16 SUN LIFE FINANCIAL 10/28/2019 112803 1119LIFE 101-21710 Life Ins-Nov/2019 1,204.35 SUN LIFE FINANCIAL 10/28/2019 112803 1119LIFE 101-15998 Life Ins-Nov/2019 43.40 SUN LIFE FINANCIAL 10/28/2019 112803 1119STD 101-21714 STD-Nov/2019 901.45 Total 112803:2,149.20 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SUNRAM CONSTRUCTION INC.10/28/2019 112804 19-032-PAY 225-45200-511 Bederwood Park Improvement 110,271.03 SUNRAM CONSTRUCTION INC.10/28/2019 112804 19-032-PAY 225-20600 Bederwood Park Improvement 5,513.56- Total 112804:104,757.47 TALLEN AND BAERTSCHI 10/28/2019 112805 093019 101-41600-306 Prosecution Services-09/2019 Law/Legal Services 2,954.74 Total 112805:2,954.74 THE HARTFORD 10/28/2019 112806 1119LTD 101-21713 LTD 11/2019 1,759.87 Total 112806:1,759.87 THE HOME DEPOT 10/28/2019 112807 9016925 101-43000-224 Shop Supplies Public Works Department 64.90 Total 112807:64.90 TL STEVENS 10/28/2019 112808 9968 225-45200-530 Bederwood Park Well 3,048.00 Total 112808:3,048.00 VALLEY RICH CO 10/28/2019 112809 27574 601-49400-405 2344 Olive Ave Repair Water 8,794.61 Total 112809:8,794.61 VERIZON WIRELESS 10/28/2019 112810 9839532514 101-42110-321 Internet 10/7/19-11/6/19 Police Department 1,717.45 VERIZON WIRELESS 10/28/2019 112810 9839532514 101-41900-321 Internet 10/7/19-11/6/19 Central Services 275.90 VERIZON WIRELESS 10/28/2019 112810 9839532514 101-42400-321 Internet 10/7/19-11/6/19 Building & Zoning 70.02 VERIZON WIRELESS 10/28/2019 112810 9839532514 101-43000-321 Internet 10/7/19-11/6/19 Public Works Department 140.04 VERIZON WIRELESS 10/28/2019 112810 9839532514 101-45200-321 Internet 10/7/19-11/6/19 Parks 35.01 VERIZON WIRELESS 10/28/2019 112810 9839532514 101-45210-321 Internet 10/7/19-11/6/19 Golf Course 147.09 VERIZON WIRELESS 10/28/2019 112810 9839532514 601-49400-321 Internet 10/7/19-11/6/19 Water 158.57 VERIZON WIRELESS 10/28/2019 112810 9839532514 602-49450-321 Internet 10/7/19-11/6/19 Sewer 35.01 VERIZON WIRELESS 10/28/2019 112810 9839532514 101-42110-321 Internet 10/7/19-11/6/19 Police Department 66.59- VERIZON WIRELESS 10/28/2019 112810 9839532514 101-41900-321 Internet 10/7/19-11/6/19 Central Services 10.70- VERIZON WIRELESS 10/28/2019 112810 9839532514 101-42400-321 Internet 10/7/19-11/6/19 Building & Zoning 2.71- VERIZON WIRELESS 10/28/2019 112810 9839532514 101-43000-321 Internet 10/7/19-11/6/19 Public Works Department 5.43- VERIZON WIRELESS 10/28/2019 112810 9839532514 101-45200-321 Internet 10/7/19-11/6/19 Parks 1.36- VERIZON WIRELESS 10/28/2019 112810 9839532514 101-45210-321 Internet 10/7/19-11/6/19 Golf Course 5.70- VERIZON WIRELESS 10/28/2019 112810 9839532514 601-49400-321 Internet 10/7/19-11/6/19 Water 6.15- City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 10/15/2019 - 10/28/2019 Oct 24, 2019 10:12AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount VERIZON WIRELESS 10/28/2019 112810 9839532514 602-49450-321 Internet 10/7/19-11/6/19 Sewer 1.36- Total 112810:2,479.09 WASTE MANAGEMENT RECYC 10/28/2019 112811 0059590-280 603-49500-316 Recycling 10/2019 12,132.45 Total 112811:12,132.45 Wright-Hennepin Coop Electric 10/28/2019 112812 3502752370 101-45220-381 Brush Site 9/1/19-10/1/19 Brush Site 17.97 Wright-Hennepin Coop Electric 10/28/2019 112812 3502752370 101-45210-381 GC Security 11/1-11/30/19 Golf Course 40.76 Wright-Hennepin Coop Electric 10/28/2019 112812 3502752370 101-43000-381 Electical Service 9/1/19-10/1/19 Public Works Department 152.84 Total 112812:211.57 XCEL ENERGY 10/28/2019 112813 655914965 101-41900-381 Electric 8/21/19-9/22/19 Central Services 1,714.86 XCEL ENERGY 10/28/2019 112813 655914965 101-42110-381 Electric 8/21/19-9/22/19 Police Department 1,111.24 XCEL ENERGY 10/28/2019 112813 655914965 101-42110-381 Electric 8/21/19-9/22/19 Police Department 32.52 XCEL ENERGY 10/28/2019 112813 655914965 101-43000-381 Electric 8/21/19-9/22/19 Public Works Department 190.36 XCEL ENERGY 10/28/2019 112813 655914965 101-43000-386 Electric 8/21/19-9/22/19 Public Works Department 2,146.96 XCEL ENERGY 10/28/2019 112813 655914965 101-45200-381 Electric 8/21/19-9/22/19 Parks 33.96 XCEL ENERGY 10/28/2019 112813 655914965 601-49400-381 Electric 8/21/19-9/22/19 Water 7,203.34 XCEL ENERGY 10/28/2019 112813 655914965 602-49450-381 Electric 8/21/19-9/22/19 Sewer 2,936.94 XCEL ENERGY 10/28/2019 112813 655914965 101-45210-381 Electric 8/21/19-9/22/19 Golf Course 610.63 Total 112813:15,980.81 Grand Totals: 402,975.32 AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license p eriod of October 28, 2019 to December 31, 2021. 2. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A for the license period of October 28, 2019 to December 31, 2021. 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 October 28, 2019 to December 31, 2021. Exhibits A. Listing of Rental Licenses Item No.: 4 Date: October 28, 2019 Item Description: Approval of Rental Licenses Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda Exhibit A City Council 2019 Rental License RL19-000015 Huber Funeral Home 100 RL19-000017 Michael Dougherty 100 RL19-000020 Paul & Barb Bowman - Stone Creek Investments 100 RL19-000021 TMR Property Holdings 100 RL19-000022 William Hibbs 100 RL19-000025 Brevik Tharaldson 100 RL19-000026 Lavonne Sorenson 100 RL19-000027 Sandra Larson 100 RL19-000028 Lydiard Longview LMTD PTSHP 100 RL19-000029 winfield stephens 100 RL19-000030 Ben Kieffer 100 RL19-000031 Edward Francis 100 RL19-000033 Young An 100 License# Licensee Total License Fees AGENDA ITEM Prepared By: RJO Reviewed By: A.Carlson Approved By: A.Carlson 1. Purpose. The purpose of this item is to provide the Council with year to date General Fund Budget Information. This is for informational purposes only and no action is required. COUNCIL ACTION REQUESTED No Action is required. Exhibits 3rd Quarter Budget Memo Item No.: 5 Date: October 28, 2019 Item Description: Third Quarter Financial Report Presenter: Ron Olson Finance Director Agenda Section: Consent Agenda To: Mayor and Council From: Ron Olson, Finance Director Subject: Budget Update Date: October 28, 2019 Attachments: 1.Revenue Information 2.Revenue Graph 3.Expenditure Information 4. 3 rd Quarter and Year to Date Vendor Listings 5.Investments The third quarter General Fund year to date budget to actual comparisons are included with this memo. They are as of the end of June which represents 75% of the year. Revenues are currently at 72.6% of budget with expenditures at 72.3% of budget. General Fund Revenues Revenues, at 72.6% of budget, are on track to finish the year over budget. Property tax proceeds which account for 51% of the revenue budget are at 52.7%. Taxes are received from Hennepin in July and December. Once the 2nd half tax payment is received, this revenue category will be near 100% of budget. Licenses and Permits have already exceeded budget for the year, this is the result of strong Building permit revenues: Building Permits are currently at 106% of budget; Mechanical Permits are at 109%; and Plumbing Permits are at 155%. Other Governmental revenue is at 53.1%, but when the Police State Aid payment that was received in October is recorded, this category will exceed budget. Charges for Services is currently at 97.4% of budget with the revenue lines related to development: Plan Check, Conditional Use-Variances, Engineering Pass Through all exceeding budget. Fines are at 83% of budget and should complete the year at the budgeted amount. The Miscellaneous category, which includes golf course revenue will finish the year at the budgeted amount. Once interest is allocated to the individual funds, the Other Sources category will finish the year on budget. Current projections have year-end revenues coming in at 103% of budget. A revenue graph is included as attachment #2 to illustrating this year’s revenue collections as compared to 2018 collections. General Fund Expenditures At 72.3%, the overall expenditure amounts are on target for the year. This compares favorably to 2018 when we were at 73.9% of budget on 9/30/18. Although some adjustments have been made, the expenditure statement should be view as non-adjusted. The Mayor and Council Department is at 82.5%; this is the result of the timing of payments for memberships. Assessing is currently at 77.4% and will finish the year at 103% ($6,000 over) of budget. Engineering is General Fund Financial Report 3rd Quarter 2019 Page 1 of 35 currently at 83.6% of budget, but should finish the year at budget. Golf is at 93.8% of budget and will finish the year over budget. The overages are in Wages, Equipment Parts & Accessories, and Building and Grounds Maintenance Supplies. Special Services will finish the year over budget, however this overage is offset by the associated revenue line item that is also finishing the year over budget. While a handful of individual departments will exceed budget, it is expected that the overall expenditure budget will finish the year at around 99% of budget. Investments A listing of the City’s investment portfolio is included for your review. The City’s total investment portfolio is $13,774,861.85. Interest earned through 9/30/2019 is $184,652 which compares to $191,507.22 for the same period last year. The interest earnings do not include any accrued interest that has not yet been received, or any adjustments for the current market value of the portfolio. With the recent decline in interest rates, the annual mark to market performed at year end should result in an increase in interest earnings. Summary In summary, the overall General Fund budget is looking good through the 3rd quarter. Revenues are at 72.6% of budget and are on pace to finish the year between 100% - 103%. Overall expenditures are at 72.3% of budget on track to be at 99% of budgeted levels. General Fund Financial Report 3rd Quarter 2019 Page 2 of 35 Source Sept 30 Budget Percent Dec 31 Percent Sept 30 Budget Percent Taxes 2,737,943 4,355,050 62.87%4,288,106 98.46%2,285,838 4,390,000 52.07% Licenses & Permits 532,449 466,650 114.10%746,043 159.87%538,014 496,750 108.31% Other Governmental 44,033 240,220 18.33%411,648 171.36%143,574 270,220 53.13% Charges for Service 2,728,356 2,795,480 97.60%3,054,264 109.26%2,963,281 3,041,900 97.42% Fines 64,123 79,700 80.46%83,875 105.24%66,624 80,100 83.18% Miscellaneous 1,920 1,500 128.00%1,920 128.00%2,380 2,000 119.00% Golf Course 169,304 202,000 83.81%175,609 86.94%173,951 176,000 98.84% Interest 341 54,500 0.63%54,500 100.00%335 96,410 0.35% Other Sources & Transfers 48,446 24,400 198.55%81,335 333.34%48,778 23,900 204.09% 6,326,914 8,219,500 76.97%8,897,301 108.25%6,222,775 8,577,280 72.55% Quarter City of Orono Revenue Summary with Comparison to Budget For The 9 Months Ending September 30, 2018 - 19 2018 2019 Annual General Fund Financial Report 3rd Quarter 2019 Revenue Summary Page 3 of 35 CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD OCTOBER 31, 201 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:39AM PAGE: 1 TAXES 101-31010 CURRENT AD VALOREM TAXES 2,210,426.30 2,210,426.30 4,380,000.00 2,169,573.70 50.5 101-31020 DELINQUENT AD VALOREM TAXES 35,348.77 35,348.77 10,000.00 ( 25,348.77) 353.5 101-31040 FISCAL DISPARITIES 18,247.10 18,247.10 .00 ( 18,247.10) .0 101-31050 PERSONAL PROPERTY TAX 20,362.30 20,362.30 .00 ( 20,362.30) .0 101-31060 FORFIETED TAX SALE APPORTIONMT .00 .00 .00 .00 .0 101-31070 RENT CREDIT .00 .00 .00 .00 .0 101-31900 PENALTIES AND INTEREST-TAXES 1,453.43 1,453.43 .00 ( 1,453.43) .0 TOTAL TAXES 2,285,837.90 2,285,837.90 4,390,000.00 2,104,162.10 52.1 LICENSES & PERMITS 101-32100 BUSINESS LICENSES .00 .00 .00 .00 .0 101-32110 BEER & LIQUOR LICENSES 25.00 25.00 7,000.00 6,975.00 .4 101-32120 CIGARETTE LICENSES 750.00 750.00 400.00 ( 350.00) 187.5 101-32130 COMMERCIAL DOCK LICENSES .00 .00 .00 .00 .0 101-32140 SET UP LICENSES .00 .00 .00 .00 .0 101-32150 SEPTIC LICENSES .00 .00 .00 .00 .0 101-32170 GARBAGE HAULERS LICENSES 990.00 990.00 1,100.00 110.00 90.0 101-32180 OTHER BUSINESS LICENSE/PERMIT 9,536.00 9,536.00 6,500.00 ( 3,036.00) 146.7 101-32230 RENTAL LICENSES 1,340.00 1,340.00 .00 ( 1,340.00) .0 101-32240 DOG LICENSES 830.00 830.00 .00 ( 830.00) .0 101-32510 BUILDING PERMITS 423,928.48 423,928.48 400,000.00 ( 23,928.48) 106.0 101-32520 ZONING PERMIT 1,582.64 1,582.64 1,750.00 167.36 90.4 101-32530 MECHANICAL/SEPTIC/OTHER 60,263.86 60,263.86 55,000.00 ( 5,263.86) 109.6 101-32590 PLUMBING PERMIT 38,767.75 38,767.75 25,000.00 ( 13,767.75) 155.1 TOTAL LICENSES & PERMITS 538,013.73 538,013.73 496,750.00 ( 41,263.73) 108.3 OTHER GOVERNMENTS 101-33220 FEDERAL GRANT-EMRGNCY PREP .00 .00 .00 .00 .0 101-33390 FEDERAL GRANT-OTHER .00 .00 .00 .00 .0 101-33410 HACA AID .00 .00 .00 .00 .0 101-33415 MARKET VALUE CREDIT .00 .00 .00 .00 .0 101-33420 POLICE STATE AID .00 .00 220,000.00 220,000.00 .0 101-33430 POLICE TRAINING REIMBURSEMENT 33,604.66 33,604.66 23,000.00 ( 10,604.66) 146.1 101-33440 MUNICIPAL STATE AID-STREETS .00 .00 .00 .00 .0 101-33450 LOCAL GOVERNMENT AID .00 .00 .00 .00 .0 101-33460 PERA STATE AID 3,609.50 3,609.50 7,220.00 3,610.50 50.0 101-33490 STATE GRANT-OTHER 101,359.90 101,359.90 20,000.00 ( 81,359.90) 506.8 101-33610 COUNTY GRANT-RECYCLING .00 .00 .00 .00 .0 101-33690 COUNTY GRANT-OTHER .00 .00 .00 .00 .0 101-33800 OTHER GRANTS/AIDS .00 .00 .00 .00 .0 101-33890 GRANTS/AIDS FROM OTHER GOVTS 5,000.00 5,000.00 .00 ( 5,000.00) .0 TOTAL OTHER GOVERNMENTS 143,574.06 143,574.06 270,220.00 126,645.94 53.1 General Fund Financial Report 3rd Quarter 2019 Revenue Detail Page 4 of 35 CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD OCTOBER 31, 201 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:39AM PAGE: 2 CHARGES FOR SERVICES 101-34200 ADMINISTRATIVE CHARGES FOR SVC 207,487.50 207,487.50 245,170.00 37,682.50 84.6 101-34210 GENERAL TAXABLE SALES/SERVICE 1,098.66 1,098.66 1,000.00 ( 98.66) 109.9 101-34220 ASSESSMENTS SEARCHES 100.00 100.00 300.00 200.00 33.3 101-34230 FILING FEES-ELECTIONS/PLATS .00 .00 4,000.00 4,000.00 .0 101-34240 ZONING DISCLOSURE 50.00 50.00 .00 ( 50.00) .0 101-34410 PLAN CHECK/SITE EXAM FEES 249,359.02 249,359.02 190,000.00 ( 59,359.02) 131.2 101-34420 COND USE-VARIANCE-DEV FEES 19,360.00 19,360.00 17,000.00 ( 2,360.00) 113.9 101-34430 ENGINEERING & LEGAL FEES 54,839.10 54,839.10 40,000.00 ( 14,839.10) 137.1 101-34440 BLDG PERMITS-MAIL IN FEES .00 .00 700.00 700.00 .0 101-34450 ON-SITE SEPTIC PROGRAM FEES 45,765.00 45,765.00 44,750.00 ( 1,015.00) 102.3 101-34460 COOP AGREEMENT-INSPECTION 28,115.27 28,115.27 20,000.00 ( 8,115.27) 140.6 101-34610 COOP AGREEMENT-POLICE 2,208,457.00 2,208,457.00 2,370,830.00 162,373.00 93.2 101-34620 COOP AGREEMENT-ANIMAL CONTROL .00 .00 .00 .00 .0 101-34630 POLICE SPECIAL SERVICES 125,163.20 125,163.20 90,000.00 ( 35,163.20) 139.1 101-34640 FALSE ALARM FEES 700.00 700.00 2,000.00 1,300.00 35.0 101-34650 POLICE REPORTS 1,784.45 1,784.45 850.00 ( 934.45) 209.9 101-34670 POLICE RESERVE RECEIPTS 1,050.00 1,050.00 300.00 ( 750.00) 350.0 101-34680 EXPLORERS PROGRAM 343.00 343.00 .00 ( 343.00) .0 101-34781 OFF LEASH ANNUAL PASS 14,435.00 14,435.00 12,000.00 ( 2,435.00) 120.3 101-34783 PARK RESERVATIONS 255.00 255.00 .00 ( 255.00) .0 101-34810 COOP AGREEMENT-PUBLIC WORKS 4,276.57 4,276.57 3,000.00 ( 1,276.57) 142.6 101-34815 INTERDEPARTMENTAL SERVICES-PW .00 .00 .00 .00 .0 101-34820 RECYCLING PROGRAM FEES .00 .00 .00 .00 .0 101-34830 BRUSH SITE FEES 642.66 642.66 .00 ( 642.66) .0 TOTAL CHARGES FOR SERVICES 2,963,281.43 2,963,281.43 3,041,900.00 78,618.57 97.4 FINES 101-35104 OTHER FINES .00 .00 .00 .00 .0 101-35105 ADMIN CITATIONS 11,276.69 11,276.69 .00 ( 11,276.69) .0 101-35400 COURT FINES 55,347.58 55,347.58 80,000.00 24,652.42 69.2 101-35410 DRUG TASK FORCE .00 .00 .00 .00 .0 101-35420 DOG IMPOUND FEES .00 .00 100.00 100.00 .0 101-35620 ADMINISTRATIVE 30% SHARE .00 .00 .00 .00 .0 TOTAL FINES 66,624.27 66,624.27 80,100.00 13,475.73 83.2 General Fund Financial Report 3rd Quarter 2019 Revenue Detail Page 5 of 35 CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD OCTOBER 31, 201 BUDGET UNEARNED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:39AM PAGE: 3 MISCELLANEOUS 101-37699 UTILITY PENALTIES 2,380.00 2,380.00 2,000.00 ( 380.00) 119.0 101-37910 GREEN FEES 110,015.80 110,015.80 110,000.00 ( 15.80) 100.0 101-37920 RENTAL-GOLF CARTS & CLUB 46,529.50 46,529.50 49,000.00 2,470.50 95.0 101-37930 BEER SALES 8,828.00 8,828.00 8,000.00 ( 828.00) 110.4 101-37935 POP SALES .00 .00 .00 .00 .0 101-37940 CONCESSIONS-TAXABLE 5,387.50 5,387.50 6,000.00 612.50 89.8 101-37950 CONCESSIONS-NONTAXABLE .00 .00 .00 .00 .0 101-37960 GOLF BALL SALES 1,833.50 1,833.50 .00 ( 1,833.50) .0 101-37970 PRO SHOP-TAXABLE 1,207.25 1,207.25 3,000.00 1,792.75 40.2 101-37980 PRO SHOP-NONTAXABLE 137.00 137.00 .00 ( 137.00) .0 101-37985 GOLF COURSE PRINTS .00 .00 .00 .00 .0 101-37990 OTHER GOLF COURSE RECEIPTS .00 .00 .00 .00 .0 101-37999 CASH OVER/SHORT 12.55 12.55 .00 ( 12.55) .0 TOTAL MISCELLANEOUS 176,331.10 176,331.10 178,000.00 1,668.90 99.1 OTHER SOURCES & TRANSFERS IN 101-39310 INTEREST ON INVESTMENTS .00 .00 95,910.00 95,910.00 .0 101-39315 INVESTMENT DISCOUNTS/PREMIUMS .00 .00 .00 .00 .0 101-39350 INTEREST-NOW ACCOUNT 334.73 334.73 500.00 165.27 67.0 101-39610 MISCELLANEOUS REVENUE 6,071.06 6,071.06 3,000.00 ( 3,071.06) 202.4 101-39615 CONVENIENCE FEE 558.00 558.00 .00 ( 558.00) .0 101-39620 RENT INCOME 4,500.00 4,500.00 5,400.00 900.00 83.3 101-39630 CONTRIBUTIONS & DONATIONS 3,855.00 3,855.00 .00 ( 3,855.00) .0 101-39640 REFUNDS & REIMBURSEMENTS 4,889.73 4,889.73 500.00 ( 4,389.73) 978.0 101-39650 PAYMENTS IN LIEU OF TAXES .00 .00 .00 .00 .0 101-39670 SALE OF LAND .00 .00 .00 .00 .0 101-39680 SALE OF EQUIPMENT 28,905.12 28,905.12 15,000.00 ( 13,905.12) 192.7 101-39920 RESIDUAL EQUITY TRANSFERS IN .00 .00 .00 .00 .0 101-39999 CASH OVER/SHORT ( .70) ( .70).00 .70 .0 TOTAL OTHER SOURCES & TRANSFERS IN 49,112.94 49,112.94 120,310.00 71,197.06 40.8 TOTAL FUND REVENUE 6,222,775.43 6,222,775.43 8,577,280.00 2,354,504.57 72.6 NET REVENUE OVER EXPENDITURES 6,222,775.43 6,222,775.43 8,577,280.00 2,354,504.57 72.6 General Fund Financial Report 3rd Quarter 2019 Revenue Detail Page 6 of 35 Ci t y o f O r o n o YT D R e v e n u e s 9 - 3 0 - 2 0 1 9 0% 20 % 40 % 60 % 80 % 10 0 % 12 0 % Q1 2 0 1 5 Q1 2 0 1 6 Q1 2 0 1 7 Q1 2 0 1 8 Q1 2 0 1 9 Q2 20 1 5 Q2 20 1 6 Q2 20 1 7 Q2 20 1 8 Q2 20 1 9 Q3 20 1 5 Q3 20 1 6 Q3 20 1 7 Q3 20 1 8 Q3 20 1 9 YE 20 1 5 YE 2016YE 2017YE 2018 EYE 2019 Ge n e r a l F u n d F i n a n c i a l R e p o r t 3r d Q u a r t e r 2 0 1 9 Revenue Graph Page 7 of 35 14 9/30/2018 12/31/2018 10/31/2019 12/31/2019 Unadjusted Adjusted Department Sep 30 Budget Percent Dec 31 Percent Sep 30 Adjustment Sep 30 Budget Balance Percent Mayor & Council 70,345 85,165 82.60%88,698 104.15%28,059 - 28,059 34,030 5,971 82.45% Administration 244,352 324,184 75.37%340,623 105.07%294,357 (6,090.00) 288,267 434,470 146,203 66.35% Elections 8,776 25,552 34.35%20,037 78.42%523 - 523 7,160 6,637 7.30% Assessing 106,167 182,000 58.33%185,750 102.06%111,417 31,833.33 143,250 185,000 41,750 77.43% Finance Department 240,221 331,926 72.37%315,214 94.97%182,620 (3,933.00) 178,687 273,050 94,363 65.44% Law/Legal Services 87,863 112,000 78.45%114,340 102.09%78,689 4,296.80 82,986 129,000 46,014 64.33% Central Services 241,677 258,800 93.38%326,633 126.21%192,150 81.10 192,231 294,890 102,659 65.19% Human Services 9,500 12,400 76.61%12,125 97.78%- - - 12,400 12,400 0.00% Police Department 3,054,090 4,369,035 69.90%4,384,955 100.36%3,364,121 (51,253.52) 3,312,868 4,519,170 1,206,302 73.31% Fire Protection 292,024 390,000 74.88%389,365 99.84%301,574 - 301,574 402,100 100,526 75.00% Building & Zoning 523,786 739,729 70.81%707,346 95.62%475,441 (7,151.50) 468,290 695,910 227,620 67.29% Engineering 12,424 15,000 82.83%15,655 104.37%16,718 - 16,718 20,000 3,282 83.59% Public Works 458,098 525,893 87.11%596,420 113.41%403,499 (4,114.43) 399,385 513,180 113,795 77.83% Parks 138,403 173,136 79.94%187,857 108.50%143,438 (1,100.09) 142,338 218,440 76,102 65.16% Golf 178,849 172,831 103.48%213,491 123.53%201,163 (2,113.57) 199,049 212,730 13,681 93.57% Brush Site - - 0.00%- 0.00%5,621 - 5,621 - (5,621) 0.00% Special Services 102,248 95,750 106.79%145,247 151.69%112,307 1,071.00 113,378 125,750 12,372 90.16% Special Projects - - 0.00%8,312 0.00%26,839 - 26,839 100,000 73,161 26.84% Transfer to Other Funds 285,000 380,000 75.00%837,703 220.45%300,000 - 300,000 400,000 100,000 75.00% 6,053,822 8,193,401 73.89%8,889,770 108.50%6,238,535 (38,474) 6,200,061 8,577,280 2,377,219 72.28% Quarter Annual City of Orono Expenditure Summary with Comparison to Budget For The 9 Months Ending September 30, 2018 - 19 2018 2019 General Fund Financial Report 3rd Quarter 2019 Expenditure Summary Page 8 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 1 MAYOR & COUNCIL 101-41110-101 FULL-TIME EMPLOYEES REGULAR 13,650.12 13,650.12 18,210.00 4,559.88 75.0 101-41110-122 FICA 1,044.18 1,044.18 1,400.00 355.82 74.6 101-41110-151 WORKER'S COMP INSURANCE PREM 60.00 60.00 80.00 20.00 75.0 101-41110-301 AUDITING AND ACCT'G SERVICES .00 .00 .00 .00 .0 101-41110-313 IT SERVICES .00 .00 800.00 800.00 .0 101-41110-433 MEMBERSHIPS 12,047.00 12,047.00 12,090.00 43.00 99.6 101-41110-437 TRAINING & DEVELOPMENT 225.00 225.00 250.00 25.00 90.0 101-41110-439 MEETING EXPENSES 1,032.48 1,032.48 1,200.00 167.52 86.0 101-41110-489 OTHER MISCELLANEOUS CHARGES .00 .00 .00 .00 .0 TOTAL MAYOR & COUNCIL 28,058.78 28,058.78 34,030.00 5,971.22 82.5 ADMINISTRATION 101-41300-101 FULL-TIME EMPLOYEES REGULAR 213,189.83 213,189.83 290,270.00 77,080.17 73.5 101-41300-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 1,300.00 1,300.00 .0 101-41300-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-41300-104 TEMPORARY/SEASONAL EMPLOYEES 6,347.00 6,347.00 10,500.00 4,153.00 60.5 101-41300-111 OTHER .00 .00 .00 .00 .0 101-41300-121 PERA 15,988.12 15,988.12 21,870.00 5,881.88 73.1 101-41300-122 FICA 16,019.15 16,019.15 23,110.00 7,090.85 69.3 101-41300-135 CITY BENEFIT CONTRIBUTION 34,176.21 34,176.21 59,460.00 25,283.79 57.5 101-41300-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41300-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-41300-151 WORKER'S COMP INSURANCE PREM 1,470.00 1,470.00 1,960.00 490.00 75.0 101-41300-208 BOOKS & PERIODICALS 223.08 223.08 300.00 76.92 74.4 101-41300-313 IT SERVICES .00 .00 6,500.00 6,500.00 .0 101-41300-319 PROFESSIONAL SERVICES 2,956.94 2,956.94 6,000.00 3,043.06 49.3 101-41300-331 TRAVEL EXPENSES 208.57 208.57 4,000.00 3,791.43 5.2 101-41300-340 GENERAL ADVERTISING .00 .00 .00 .00 .0 101-41300-433 MEMBERSHIPS 1,520.64 1,520.64 1,200.00 ( 320.64) 126.7 101-41300-437 TRAINING & DEVELOPMENT 1,013.33 1,013.33 4,500.00 3,486.67 22.5 101-41300-439 MEETING EXPENSES .00 .00 500.00 500.00 .0 101-41300-489 OTHER MISCELLANEOUS CHARGES 1,243.69 1,243.69 3,000.00 1,756.31 41.5 TOTAL ADMINISTRATION 294,356.56 294,356.56 434,470.00 140,113.44 67.8 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 9 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 2 ELECTIONS 101-41410-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-41410-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 1,000.00 1,000.00 .0 101-41410-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-41410-121 PERA .00 .00 80.00 80.00 .0 101-41410-122 FICA .00 .00 80.00 80.00 .0 101-41410-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0 101-41410-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41410-151 WORKER'S COMP INSURANCE PREM .00 .00 .00 .00 .0 101-41410-208 BOOKS & PERIODICALS .00 .00 .00 .00 .0 101-41410-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 5,000.00 5,000.00 .0 101-41410-240 SMALL TOOLS AND MINOR EQUIP .00 .00 .00 .00 .0 101-41410-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-41410-322 POSTAGE .00 .00 1,000.00 1,000.00 .0 101-41410-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-41410-340 GENERAL ADVERTISING .00 .00 .00 .00 .0 101-41410-412 BUILDING RENTALS .00 .00 .00 .00 .0 101-41410-415 OTHER EQUIPMENT RENTALS .00 .00 .00 .00 .0 101-41410-437 TRAINING & DEVELOPMENT .00 .00 .00 .00 .0 101-41410-439 MEETING EXPENSES .00 .00 .00 .00 .0 101-41410-489 OTHER MISCELLANEOUS CHARGES 522.61 522.61 .00 ( 522.61) .0 TOTAL ELECTIONS 522.61 522.61 7,160.00 6,637.39 7.3 FINANCE DEPARTMENT 101-41500-101 FULL-TIME EMPLOYEES REGULAR 110,872.16 110,872.16 162,670.00 51,797.84 68.2 101-41500-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 200.00 200.00 .0 101-41500-103 PART-TIME EMPLOYEES 23,538.16 23,538.16 31,010.00 7,471.84 75.9 101-41500-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-41500-121 PERA 9,816.37 9,816.37 14,530.00 4,713.63 67.6 101-41500-122 FICA 9,719.12 9,719.12 14,820.00 5,100.88 65.6 101-41500-135 CITY BENEFIT CONTRIBUTION 25,882.78 25,882.78 38,120.00 12,237.22 67.9 101-41500-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41500-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-41500-151 WORKER'S COMP INSURANCE PREM 1,050.00 1,050.00 1,400.00 350.00 75.0 101-41500-208 BOOKS & PERIODICALS .00 .00 .00 .00 .0 101-41500-301 AUDITING AND ACCT'G SERVICES .00 .00 .00 .00 .0 101-41500-313 IT SERVICES .00 .00 4,900.00 4,900.00 .0 101-41500-331 TRAVEL EXPENSES 210.54 210.54 1,500.00 1,289.46 14.0 101-41500-433 MEMBERSHIPS 435.00 435.00 400.00 ( 35.00) 108.8 101-41500-437 TRAINING & DEVELOPMENT 1,096.12 1,096.12 3,500.00 2,403.88 31.3 TOTAL FINANCE DEPARTMENT 182,620.25 182,620.25 273,050.00 90,429.75 66.9 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 10 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 3 ASSESSING 101-41550-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-41550-302 ASSESSING SERVICES 111,416.67 111,416.67 185,000.00 73,583.33 60.2 TOTAL ASSESSING 111,416.67 111,416.67 185,000.00 73,583.33 60.2 LAW/LEGAL SERVICES 101-41600-305 LEGAL-RETAINER .00 .00 .00 .00 .0 101-41600-306 LEGAL-PROSECUTION 43,513.53 43,513.53 40,000.00 ( 3,513.53) 108.8 101-41600-307 LEGAL-CONSULTING 28,176.44 28,176.44 75,000.00 46,823.56 37.6 101-41600-308 CODE ENFORCEMENT 5,482.30 5,482.30 2,000.00 ( 3,482.30) 274.1 101-41600-309 JAIL CHARGES 1,516.50 1,516.50 12,000.00 10,483.50 12.6 TOTAL LAW/LEGAL SERVICES 78,688.77 78,688.77 129,000.00 50,311.23 61.0 HUMAN SERVICES 101-41800-490 CONTRIBUTIONS TO CIVIC ORG'S .00 .00 12,400.00 12,400.00 .0 TOTAL HUMAN SERVICES .00 .00 12,400.00 12,400.00 .0 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 11 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 4 CENTRAL SERVICES 101-41900-201 OFFICE SUPPLIES 5,181.57 5,181.57 12,000.00 6,818.43 43.2 101-41900-221 EQUIPMENT PARTS & ACCESSORIES 274.40 274.40 500.00 225.60 54.9 101-41900-223 BLDG/GROUNDS MAINT. SUPPLIES 1,905.65 1,905.65 3,500.00 1,594.35 54.5 101-41900-301 AUDITING AND ACCT'G SERVICES 31,500.00 31,500.00 22,000.00 ( 9,500.00) 143.2 101-41900-310 LOGIS-APPLICATIONS .00 .00 .00 .00 .0 101-41900-311 DATA PROCESSING COMMUNICATION .00 .00 .00 .00 .0 101-41900-312 BANK FEES 19,069.14 19,069.14 20,000.00 930.86 95.4 101-41900-313 IT SERVICES .00 .00 49,000.00 49,000.00 .0 101-41900-319 PROFESSIONAL SERVICES 7,156.24 7,156.24 18,000.00 10,843.76 39.8 101-41900-321 TELEPHONE 10,603.70 10,603.70 10,000.00 ( 603.70) 106.0 101-41900-322 POSTAGE 8,235.00 8,235.00 10,000.00 1,765.00 82.4 101-41900-329 INTERNET/OTHER COMMUNICATIONS 7,890.00 7,890.00 .00 ( 7,890.00) .0 101-41900-352 PRINTING & PUBLISHING 13,625.47 13,625.47 16,000.00 2,374.53 85.2 101-41900-361 GENERAL LIABILITY INS 9,000.00 9,000.00 12,000.00 3,000.00 75.0 101-41900-362 UMBRELLA LIABILITY INS 7,500.00 7,500.00 10,000.00 2,500.00 75.0 101-41900-363 BONDS INSURANCE 780.00 780.00 1,040.00 260.00 75.0 101-41900-364 MONEYS & SECURITIES INS .00 .00 .00 .00 .0 101-41900-365 BOILER & MACHINERY INS .00 .00 .00 .00 .0 101-41900-366 PROPERTY INSURANCE 7,500.00 7,500.00 10,000.00 2,500.00 75.0 101-41900-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0 101-41900-368 AUTOMOTIVE INSURANCE 3,937.50 3,937.50 5,250.00 1,312.50 75.0 101-41900-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0 101-41900-381 GAS & ELECTRIC 20,448.89 20,448.89 29,100.00 8,651.11 70.3 101-41900-382 WATER UTILITIES 1,894.05 1,894.05 4,000.00 2,105.95 47.4 101-41900-401 REPAIRS/MAINT-OFFICE EQUIP 579.34 579.34 500.00 ( 79.34) 115.9 101-41900-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 3,000.00 3,000.00 .0 101-41900-404 REPAIRS/MAINT-BLDGS/GROUNDS 18,594.88 18,594.88 22,000.00 3,405.12 84.5 101-41900-407 JANITORIAL SERVICES 14,156.68 14,156.68 19,000.00 4,843.32 74.5 101-41900-413 OFFICE EQUIPMENT RENTAL 753.00 753.00 17,500.00 16,747.00 4.3 101-41900-416 SOFTWARE LICENSING 473.00 473.00 .00 ( 473.00) .0 101-41900-440 SPECIAL EQUIPMENT REPLACEMENT .00 .00 .00 .00 .0 101-41900-441 LICENSES & TAXES .00 .00 .00 .00 .0 101-41900-489 OTHER MISCELLANEOUS CHARGES 1,091.80 1,091.80 500.00 ( 591.80) 218.4 101-41900-512 SPEC ASSMTS ON LAND & INT .00 .00 .00 .00 .0 101-41900-750 INTEREST ON SPECIAL ASSMNTS .00 .00 .00 .00 .0 TOTAL CENTRAL SERVICES 192,150.31 192,150.31 294,890.00 102,739.69 65.2 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 12 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 5 POLICE DEPARTMENT 101-42110-101 FULL-TIME EMPLOYEES REGULAR 1,886,569.47 1,886,569.47 2,580,810.00 694,240.53 73.1 101-42110-102 FULL-TIME EMPLOYEES OVERTIME 17,332.06 17,332.06 50,000.00 32,667.94 34.7 101-42110-103 PART-TIME EMPLOYEES 64,576.90 64,576.90 56,000.00 ( 8,576.90) 115.3 101-42110-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-42110-121 PERA 312,415.53 312,415.53 418,860.00 106,444.47 74.6 101-42110-122 FICA 37,010.09 37,010.09 52,040.00 15,029.91 71.1 101-42110-135 CITY BENEFIT CONTRIBUTION 290,377.62 290,377.62 397,880.00 107,502.38 73.0 101-42110-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-42110-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-42110-151 WORKER'S COMP INSURANCE PREM 93,802.50 93,802.50 125,070.00 31,267.50 75.0 101-42110-201 OFFICE SUPPLIES 2,981.53 2,981.53 6,000.00 3,018.47 49.7 101-42110-208 BOOKS & PERIODICALS .00 .00 1,000.00 1,000.00 .0 101-42110-212 MOTOR FUELS & LUBRICANTS 54,824.95 54,824.95 100,000.00 45,175.05 54.8 101-42110-221 EQUIPMENT PARTS & ACCESSORIES 4,852.35 4,852.35 4,000.00 ( 852.35) 121.3 101-42110-223 BLDG/GROUNDS MAINT. SUPPLIES 463.30 463.30 1,300.00 836.70 35.6 101-42110-226 CLOTHING & PERSONAL EQUIPMENT 9,065.08 9,065.08 27,000.00 17,934.92 33.6 101-42110-228 TRAINING SUPPLIES 7,097.16 7,097.16 16,000.00 8,902.84 44.4 101-42110-229 EXPLORERS PROGRAM EXPENSES 1,463.65 1,463.65 4,000.00 2,536.35 36.6 101-42110-240 SMALL TOOLS AND MINOR EQUIP 4,546.57 4,546.57 5,000.00 453.43 90.9 101-42110-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-42110-307 LEGAL-CONSULTING 3,913.50 3,913.50 8,000.00 4,086.50 48.9 101-42110-310 LOGIS-APPLICATIONS 66,923.00 66,923.00 110,790.00 43,867.00 60.4 101-42110-311 DATA PROCESSING COMMUNICATION 3,025.14 3,025.14 6,000.00 2,974.86 50.4 101-42110-313 IT SERVICES .00 .00 72,840.00 72,840.00 .0 101-42110-317 ANIMAL CARE 1,013.45 1,013.45 500.00 ( 513.45) 202.7 101-42110-319 PROFESSIONAL SERVICES 10,632.00 10,632.00 14,500.00 3,868.00 73.3 101-42110-321 TELEPHONE 17,877.62 17,877.62 23,230.00 5,352.38 77.0 101-42110-322 POSTAGE 92.00 92.00 1,000.00 908.00 9.2 101-42110-329 INTERNET/OTHER COMMUNICATIONS 1,526.00 1,526.00 .00 ( 1,526.00) .0 101-42110-331 TRAVEL EXPENSES .00 .00 250.00 250.00 .0 101-42110-340 GENERAL ADVERTISING 401.74 401.74 .00 ( 401.74) .0 101-42110-352 PRINTING & PUBLISHING 1,834.39 1,834.39 1,800.00 ( 34.39) 101.9 101-42110-361 GENERAL LIABILITY INS 30,000.00 30,000.00 40,000.00 10,000.00 75.0 101-42110-362 UMBRELLA LIABILITY INS 11,250.00 11,250.00 15,000.00 3,750.00 75.0 101-42110-366 PROPERTY INSURANCE 750.00 750.00 1,000.00 250.00 75.0 101-42110-367 EQUIPMENT FLOATERS INS .00 .00 .00 .00 .0 101-42110-368 AUTOMOTIVE INSURANCE 11,250.00 11,250.00 15,000.00 3,750.00 75.0 101-42110-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0 101-42110-379 INSURANCE DEDUCTIBLES .00 .00 .00 .00 .0 101-42110-381 GAS & ELECTRIC 10,937.77 10,937.77 20,000.00 9,062.23 54.7 101-42110-382 WATER UTILITIES 437.43 437.43 3,000.00 2,562.57 14.6 101-42110-401 REPAIRS/MAINT-OFFICE EQUIP 156.25 156.25 500.00 343.75 31.3 101-42110-402 REPAIRS/MAINT-AUTO EQUIP 22,937.56 22,937.56 45,000.00 22,062.44 51.0 101-42110-403 REPAIRS/MAINT-MISC. EQUIP 3,633.88 3,633.88 8,000.00 4,366.12 45.4 101-42110-404 REPAIRS/MAINT-BLDGS/GROUNDS 9,584.90 9,584.90 6,500.00 ( 3,084.90) 147.5 101-42110-407 JANITORIAL SERVICES 10,299.81 10,299.81 15,000.00 4,700.19 68.7 101-42110-413 OFFICE EQUIPMENT RENTAL .00 .00 4,500.00 4,500.00 .0 101-42110-414 EDP/COMMUNICATIONS EQUIP RENT 20,004.01 20,004.01 23,000.00 2,995.99 87.0 101-42110-416 SOFTWARE LICENSING 1,000.00 1,000.00 .00 ( 1,000.00) .0 101-42110-433 MEMBERSHIPS 4,596.05 4,596.05 5,000.00 403.95 91.9 101-42110-436 TOWING CHARGES 810.35 810.35 .00 ( 810.35) .0 101-42110-437 TRAINING & DEVELOPMENT 23,246.58 23,246.58 38,000.00 14,753.42 61.2 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 13 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 6 101-42110-438 DISTRIBUTION TO OTHER GOVMNTS 92,775.47 92,775.47 .00 ( 92,775.47) .0 101-42110-439 MEETING EXPENSES 857.48 857.48 2,500.00 1,642.52 34.3 101-42110-440 SPECIAL EQUIPMENT REPLACEMENT 4,924.92 4,924.92 5,000.00 75.08 98.5 101-42110-441 LICENSES & TAXES 134.50 134.50 1,300.00 1,165.50 10.4 101-42110-489 OTHER MISCELLANEOUS CHARGES 70.88 70.88 3,000.00 2,929.12 2.4 101-42110-520 BUILDINGS AND STRUCTURES .00 .00 .00 .00 .0 101-42110-550 AUTOMOTIVE EQUIPMENT 158,638.57 158,638.57 160,000.00 1,361.43 99.2 101-42110-560 FURNITURE AND FIXTURES .00 .00 .00 .00 .0 101-42110-570 OFFICE EQUIP AND FURNISHINGS .00 .00 3,000.00 3,000.00 .0 101-42110-575 IT HARDWARE & APPLICATIONS 5,618.00 5,618.00 .00 ( 5,618.00) .0 101-42110-580 OTHER EQUIPMENT 45,589.31 45,589.31 21,000.00 ( 24,589.31) 217.1 TOTAL POLICE DEPARTMENT 3,364,121.32 3,364,121.32 4,519,170.00 1,155,048.68 74.4 FIRE PROTECTION SERVICES 101-42260-201 OFFICE SUPPLIES .00 .00 .00 .00 .0 101-42260-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 .00 .00 .0 101-42260-318 FIRE SERVICES 301,574.24 301,574.24 402,100.00 100,525.76 75.0 101-42260-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-42260-381 GAS & ELECTRIC .00 .00 .00 .00 .0 TOTAL FIRE PROTECTION SERVICES 301,574.24 301,574.24 402,100.00 100,525.76 75.0 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 14 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 7 BUILDING & ZONING 101-42400-101 FULL-TIME EMPLOYEES REGULAR 299,311.48 299,311.48 399,530.00 100,218.52 74.9 101-42400-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 200.00 200.00 .0 101-42400-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-42400-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 .00 .00 .0 101-42400-121 PERA 22,448.17 22,448.17 29,980.00 7,531.83 74.9 101-42400-122 FICA 22,491.73 22,491.73 30,580.00 8,088.27 73.6 101-42400-135 CITY BENEFIT CONTRIBUTION 35,825.93 35,825.93 65,260.00 29,434.07 54.9 101-42400-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-42400-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-42400-151 WORKER'S COMP INSURANCE PREM 1,732.50 1,732.50 2,310.00 577.50 75.0 101-42400-208 BOOKS & PERIODICALS .00 .00 500.00 500.00 .0 101-42400-212 MOTOR FUELS & LUBRICANTS .00 .00 1,500.00 1,500.00 .0 101-42400-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 3,000.00 3,000.00 .0 101-42400-226 CLOTHING & PERSONAL EQUIPMENT .00 .00 .00 .00 .0 101-42400-240 SMALL TOOLS AND MINOR EQUIP .00 .00 .00 .00 .0 101-42400-304 ENGINEERING-CONSULTING 2,514.00 2,514.00 5,000.00 2,486.00 50.3 101-42400-305 GIS/MAPPING 4,881.00 4,881.00 .00 ( 4,881.00) .0 101-42400-307 LEGAL-CONSULTING 10,420.50 10,420.50 16,000.00 5,579.50 65.1 101-42400-310 INSPECTION SERVICES 71,258.50 71,258.50 90,000.00 18,741.50 79.2 101-42400-312 BANK FEES .00 .00 .00 .00 .0 101-42400-313 IT SERVICES .00 .00 8,180.00 8,180.00 .0 101-42400-319 PROFESSIONAL SERVICES 1,885.00 1,885.00 20,000.00 18,115.00 9.4 101-42400-321 TELEPHONE 630.18 630.18 .00 ( 630.18) .0 101-42400-331 TRAVEL EXPENSES 247.12 247.12 2,250.00 2,002.88 11.0 101-42400-340 GENERAL ADVERTISING 578.12 578.12 500.00 ( 78.12) 115.6 101-42400-402 REPAIRS/MAINT-AUTO EQUIP .00 .00 .00 .00 .0 101-42400-403 REPAIRS/MAINT-MISC. EQUIP .00 .00 .00 .00 .0 101-42400-415 OTHER EQUIPMENT RENTALS .00 .00 .00 .00 .0 101-42400-416 SOFTWARE LICENSING .00 .00 15,600.00 15,600.00 .0 101-42400-433 MEMBERSHIPS 579.00 579.00 1,200.00 621.00 48.3 101-42400-437 TRAINING & DEVELOPMENT 638.00 638.00 3,020.00 2,382.00 21.1 101-42400-439 MEETING EXPENSES .00 .00 1,200.00 1,200.00 .0 101-42400-441 LICENSES & TAXES .00 .00 100.00 100.00 .0 TOTAL BUILDING & ZONING 475,441.23 475,441.23 695,910.00 220,468.77 68.3 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 15 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:37AM PAGE: 8 PUBLIC WORKS DEPARTMENT 101-43000-101 FULL-TIME EMPLOYEES REGULAR 136,012.36 136,012.36 183,520.00 47,507.64 74.1 101-43000-102 FULL-TIME EMPLOYEES OVERTIME 4,632.48 4,632.48 11,000.00 6,367.52 42.1 101-43000-121 PERA 10,951.74 10,951.74 14,590.00 3,638.26 75.1 101-43000-122 FICA 10,691.66 10,691.66 14,890.00 4,198.34 71.8 101-43000-135 CITY BENEFIT CONTRIBUTION 24,457.54 24,457.54 41,430.00 16,972.46 59.0 101-43000-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-43000-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-43000-151 WORKER'S COMP INSURANCE PREM 12,472.50 12,472.50 16,630.00 4,157.50 75.0 101-43000-208 BOOKS & PERIODICALS .00 .00 170.00 170.00 .0 101-43000-212 MOTOR FUELS & LUBRICANTS 26,250.00 26,250.00 35,000.00 8,750.00 75.0 101-43000-221 EQUIPMENT PARTS & ACCESSORIES 24,120.62 24,120.62 24,000.00 ( 120.62) 100.5 101-43000-222 VEHICLE EQUIPMENT & PARTS 6,037.96 6,037.96 8,000.00 1,962.04 75.5 101-43000-224 STREET MAINT. MATERIALS/SUPPLY 52,031.32 52,031.32 50,000.00 ( 2,031.32) 104.1 101-43000-226 CLOTHING & PERSONAL EQUIPMENT 4,223.76 4,223.76 4,000.00 ( 223.76) 105.6 101-43000-240 SMALL TOOLS AND MINOR EQUIP 3,270.59 3,270.59 3,000.00 ( 270.59) 109.0 101-43000-304 PW ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-43000-305 GIS/MAPPING 468.00 468.00 .00 ( 468.00) .0 101-43000-313 IT SERVICES .00 .00 3,270.00 3,270.00 .0 101-43000-314 FLEET SERVICES .00 .00 .00 .00 .0 101-43000-319 PROFESSIONAL SERVICES 37.00 37.00 .00 ( 37.00) .0 101-43000-321 TELEPHONE 1,260.40 1,260.40 200.00 ( 1,060.40) 630.2 101-43000-331 TRAVEL EXPENSES .00 .00 175.00 175.00 .0 101-43000-340 GENERAL ADVERTISING .00 .00 .00 .00 .0 101-43000-381 GAS & ELECTRIC 1,464.61 1,464.61 4,880.00 3,415.39 30.0 101-43000-386 STREET LIGHTING 18,418.94 18,418.94 29,000.00 10,581.06 63.5 101-43000-402 REPAIRS/MAINT-AUTO EQUIP 7,500.00 7,500.00 10,000.00 2,500.00 75.0 101-43000-403 REPAIRS/MAINT-MISC. EQUIP 15,634.22 15,634.22 20,000.00 4,365.78 78.2 101-43000-404 REPAIRS/MAINT-BLDGS/GROUNDS 3,826.87 3,826.87 10,000.00 6,173.13 38.3 101-43000-408 CONTRACTED STREET MAINT.27,149.40 27,149.40 20,000.00 ( 7,149.40) 135.8 101-43000-409 OFFICE EQUIPMENT RENTAL .00 .00 .00 .00 .0 101-43000-414 EDP/COMMUNICATIONS EQUIP RENT 1,571.96 1,571.96 1,145.00 ( 426.96) 137.3 101-43000-415 OTHER EQUIPMENT RENTALS 8,429.40 8,429.40 4,000.00 ( 4,429.40) 210.7 101-43000-416 SOFTWARE LICENSING .00 .00 .00 .00 .0 101-43000-433 MEMBERSHIPS 212.50 212.50 250.00 37.50 85.0 101-43000-437 TRAINING & DEVELOPMENT 2,081.56 2,081.56 3,500.00 1,418.44 59.5 101-43000-441 LICENSES & TAXES 26.00 26.00 250.00 224.00 10.4 101-43000-489 OTHER MISCELLANEOUS CHARGES 265.62 265.62 280.00 14.38 94.9 101-43000-590 STREET CONSTRUCTION .00 .00 .00 .00 .0 TOTAL PUBLIC WORKS DEPARTMENT 403,499.01 403,499.01 513,180.00 109,680.99 78.6 ENGINEERING 101-43170-303 ENGINEERING-RETAINER .00 .00 .00 .00 .0 101-43170-304 ENGINEERING-CONSULTING 5,259.00 5,259.00 20,000.00 14,741.00 26.3 101-43170-305 GIS/MAPPING 11,459.00 11,459.00 .00 ( 11,459.00) .0 TOTAL ENGINEERING 16,718.00 16,718.00 20,000.00 3,282.00 83.6 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 16 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:38AM PAGE: 9 RECYCLING PICK-UP PROGRAM 101-43270-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-43270-102 FULL-TIME EMPLOYEES OVERTIME .00 .00 .00 .00 .0 101-43270-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-43270-104 TEMPORARY EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-43270-121 PERA .00 .00 .00 .00 .0 101-43270-122 FICA .00 .00 .00 .00 .0 101-43270-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0 101-43270-151 WORKER'S COMP INSURANCE PREM .00 .00 .00 .00 .0 101-43270-221 EQUIPMENT PARTS & ACCESSORIES .00 .00 .00 .00 .0 101-43270-316 CONTRACT RECYCLING PICKUP .00 .00 .00 .00 .0 101-43270-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-43270-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0 101-43270-442 SPRING,FALL,X-MAS CLEANUP .00 .00 .00 .00 .0 101-43270-444 ORGANICS RECYCLING .00 .00 .00 .00 .0 TOTAL RECYCLING PICK-UP PROGRAM .00 .00 .00 .00 .0 SPECIAL SERVICES 101-43280-102 FULL-TIME EMPLOYEES OVERTIME 40,337.97 40,337.97 35,000.00 ( 5,337.97) 115.3 101-43280-121 PERA 5,465.15 5,465.15 5,250.00 ( 215.15) 104.1 101-43280-122 FICA 492.79 492.79 500.00 7.21 98.6 101-43280-135 CITY BENEFIT CONTRIBUTION .00 .00 .00 .00 .0 101-43280-151 WORKER'S COMP INSURANCE PREM .00 .00 .00 .00 .0 101-43280-228 TRAINING SUPPLIES .00 .00 .00 .00 .0 101-43280-304 ENGINEERING-CONSULTING 48,235.00 48,235.00 75,000.00 26,765.00 64.3 101-43280-307 LEGAL-CONSULTING 14,877.66 14,877.66 10,000.00 ( 4,877.66) 148.8 101-43280-319 PROFESSIONAL SERVICES 2,898.00 2,898.00 .00 ( 2,898.00) .0 101-43280-437 TRAINING & DEVELOPMENT .00 .00 .00 .00 .0 101-43280-800 SPECIAL PROJECTS, CONTINGENCY .00 .00 .00 .00 .0 TOTAL SPECIAL SERVICES 112,306.57 112,306.57 125,750.00 13,443.43 89.3 SPECIAL PROJECTS-CONTINGENCIES 101-43290-101 FULL-TIME EMPLOYEES REGULAR .00 .00 .00 .00 .0 101-43290-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-43290-319 PROFESSIONAL SERVICES .00 .00 .00 .00 .0 101-43290-489 OTHER MISCELLANEOUS CHARGES .00 .00 .00 .00 .0 101-43290-510 LAND .00 .00 .00 .00 .0 101-43290-720 OPERATING TRANSFERS 300,000.00 300,000.00 400,000.00 100,000.00 75.0 101-43290-800 SPECIAL PROJECTS, CONTINGENCY 26,838.94 26,838.94 100,000.00 73,161.06 26.8 TOTAL SPECIAL PROJECTS-CONTINGENCIES 326,838.94 326,838.94 500,000.00 173,161.06 65.4 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 17 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:38AM PAGE: 10 PARKS 101-45200-101 FULL-TIME EMPLOYEES REGULAR 44,535.44 44,535.44 75,920.00 31,384.56 58.7 101-45200-102 FULL-TIME EMPLOYEES OVERTIME 1,182.80 1,182.80 .00 ( 1,182.80) .0 101-45200-103 PART-TIME EMPLOYEES .00 .00 .00 .00 .0 101-45200-104 TEMPORARY/SEASONAL EMPLOYEES .00 .00 14,650.00 14,650.00 .0 101-45200-121 PERA 3,428.92 3,428.92 5,700.00 2,271.08 60.2 101-45200-122 FICA 3,336.48 3,336.48 6,930.00 3,593.52 48.2 101-45200-135 CITY BENEFIT CONTRIBUTION 7,964.28 7,964.28 16,230.00 8,265.72 49.1 101-45200-151 WORKER'S COMP INSURANCE PREM 5,835.00 5,835.00 7,780.00 1,945.00 75.0 101-45200-212 MOTOR FUELS & LUBRICANTS 107.70 107.70 500.00 392.30 21.5 101-45200-221 EQUIPMENT PARTS & ACCESSORIES 1,782.93 1,782.93 500.00 ( 1,282.93) 356.6 101-45200-223 BLDG/GROUNDS MAINT. SUPPLIES 12,145.00 12,145.00 10,000.00 ( 2,145.00) 121.5 101-45200-225 PARK INITIATIVES 7,699.68 7,699.68 10,000.00 2,300.32 77.0 101-45200-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-45200-305 GIS/MAPPING 680.00 680.00 .00 ( 680.00) .0 101-45200-313 IT SERVICES .00 .00 840.00 840.00 .0 101-45200-314 FLEET SERVICES .00 .00 .00 .00 .0 101-45200-319 PROFESSIONAL SERVICES 760.00 760.00 1,140.00 380.00 66.7 101-45200-321 TELEPHONE 320.09 320.09 .00 ( 320.09) .0 101-45200-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-45200-352 PRINTING & PUBLISHING .00 .00 .00 .00 .0 101-45200-381 GAS & ELECTRIC (3.52)( 3.52)550.00 553.52 ( .6) 101-45200-386 LIGHTING .00 .00 .00 .00 .0 101-45200-402 REPAIRS/MAINT-AUTO EQUIP 657.30 657.30 200.00 ( 457.30) 328.7 101-45200-403 REPAIRS/MAINT-MISC. EQUIP 871.43 871.43 1,200.00 328.57 72.6 101-45200-404 REPAIRS/MAINT-BLDGS/GROUNDS 45,764.54 45,764.54 58,000.00 12,235.46 78.9 101-45200-415 OTHER EQUIPMENT RENTALS 5,235.50 5,235.50 7,000.00 1,764.50 74.8 101-45200-416 SOFTWARE LICENSING 179.82 179.82 1,000.00 820.18 18.0 101-45200-439 MEETING EXPENSES .00 .00 .00 .00 .0 101-45200-441 LICENSES & TAXES 113.00 113.00 300.00 187.00 37.7 101-45200-489 OTHER MISCELLANEOUS CHARGES 841.40 841.40 .00 ( 841.40) .0 101-45200-490 CONTRIBUTIONS TO CIVIC ORG'S .00 .00 .00 .00 .0 TOTAL PARKS 143,437.79 143,437.79 218,440.00 75,002.21 65.7 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 18 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:38AM PAGE: 11 GOLF COURSE 101-45210-090 PURCHASES FOR RESALE .00 .00 .00 .00 .0 101-45210-091 BEER FOR RESALE 4,262.55 4,262.55 3,800.00 ( 462.55) 112.2 101-45210-092 SOFT DRINKS FOR RESALE 2,479.42 2,479.42 3,600.00 1,120.58 68.9 101-45210-093 CONCESSIONS FOR RESALE-TXBL .00 .00 1,500.00 1,500.00 .0 101-45210-094 CONCESSIONS FOR RESALE-NONTAX 3,073.40 3,073.40 2,500.00 ( 573.40) 122.9 101-45210-095 PRO SHOP ITEMS FOR RESALE 1,213.30 1,213.30 2,500.00 1,286.70 48.5 101-45210-099 OTHER FOR RESALE .00 .00 .00 .00 .0 101-45210-101 FULL-TIME EMPLOYEES REGULAR 27,660.59 27,660.59 36,210.00 8,549.41 76.4 101-45210-102 FULL-TIME EMPLOYEES OVERTIME 667.82 667.82 .00 ( 667.82) .0 101-45210-103 PART-TIME EMPLOYEES 6,621.00 6,621.00 .00 ( 6,621.00) .0 101-45210-104 TEMPORARY/SEASONAL EMPLOYEES 61,152.50 61,152.50 57,040.00 ( 4,112.50) 107.2 101-45210-121 PERA 2,480.14 2,480.14 2,720.00 239.86 91.2 101-45210-122 FICA 3,306.75 3,306.75 7,140.00 3,833.25 46.3 101-45210-135 CITY BENEFIT CONTRIBUTION 6,059.16 6,059.16 8,080.00 2,020.84 75.0 101-45210-142 UNEMPLOYMENT BENEFIT PAYMENTS .00 .00 .00 .00 .0 101-45210-143 OPEB EXPENSE .00 .00 .00 .00 .0 101-45210-151 WORKER'S COMP INSURANCE PREM 5,955.00 5,955.00 7,940.00 1,985.00 75.0 101-45210-201 OFFICE SUPPLIES 580.16 580.16 .00 ( 580.16) .0 101-45210-212 MOTOR FUELS & LUBRICANTS 117.31 117.31 3,500.00 3,382.69 3.4 101-45210-221 EQUIPMENT PARTS & ACCESSORIES 9,282.36 9,282.36 2,500.00 ( 6,782.36) 371.3 101-45210-223 BLDG/GROUNDS MAINT. SUPPLIES 15,200.48 15,200.48 7,200.00 ( 8,000.48) 211.1 101-45210-226 CLOTHING & PERSONAL EQUIPMENT 548.14 548.14 300.00 ( 248.14) 182.7 101-45210-240 SMALL TOOLS AND MINOR EQUIP 817.63 817.63 500.00 ( 317.63) 163.5 101-45210-301 AUDITING AND ACCT'G SERVICES .00 .00 .00 .00 .0 101-45210-304 ENGINEERING-CONSULTING .00 .00 .00 .00 .0 101-45210-307 LEGAL-CONSULTING .00 .00 .00 .00 .0 101-45210-312 BANK FEES 3,530.52 3,530.52 5,000.00 1,469.48 70.6 101-45210-313 IT SERVICES .00 .00 1,640.00 1,640.00 .0 101-45210-314 FLEET SERVICES .00 .00 .00 .00 .0 101-45210-319 PROFESSIONAL SERVICES 884.27 884.27 .00 ( 884.27) .0 101-45210-321 TELEPHONE 3,415.33 3,415.33 3,300.00 ( 115.33) 103.5 101-45210-322 POSTAGE .00 .00 .00 .00 .0 101-45210-331 TRAVEL EXPENSES .00 .00 .00 .00 .0 101-45210-340 GENERAL ADVERTISING .00 .00 1,750.00 1,750.00 .0 101-45210-343 OTHER ADVERTISING .00 .00 .00 .00 .0 101-45210-352 PRINTING & PUBLISHING 1,650.00 1,650.00 750.00 ( 900.00) 220.0 101-45210-361 GENERAL LIABILITY INS 5,625.00 5,625.00 7,500.00 1,875.00 75.0 101-45210-362 UMBRELLA LIABILITY INS 1,125.00 1,125.00 1,500.00 375.00 75.0 101-45210-365 BOILER & MACHINERY INS 262.50 262.50 350.00 87.50 75.0 101-45210-366 PROPERTY INSURANCE 1,987.50 1,987.50 2,650.00 662.50 75.0 101-45210-367 EQUIPMENT FLOATERS INS 262.50 262.50 350.00 87.50 75.0 101-45210-368 AUTOMOTIVE INSURANCE 277.50 277.50 370.00 92.50 75.0 101-45210-369 DRAM SHOP INSURANCE 600.00 600.00 800.00 200.00 75.0 101-45210-370 INSURANCE AGENT OF RECORD .00 .00 .00 .00 .0 101-45210-379 INSURANCE DEDUCTIBLES .00 .00 .00 .00 .0 101-45210-381 GAS & ELECTRIC 4,643.01 4,643.01 8,500.00 3,856.99 54.6 101-45210-401 REPAIRS/MAINT-OFFICE EQUIP 75.43 75.43 100.00 24.57 75.4 101-45210-402 REPAIRS/MAINT-AUTO EQUIP 738.14 738.14 300.00 ( 438.14) 246.1 101-45210-403 REPAIRS/MAINT-MISC. EQUIP 3,428.95 3,428.95 5,440.00 2,011.05 63.0 101-45210-404 REPAIRS/MAINT-BLDGS/GROUNDS 9,564.52 9,564.52 14,000.00 4,435.48 68.3 101-45210-409 DEPRECIATION & AMORTIZATION .00 .00 .00 .00 .0 101-45210-415 OTHER EQUIPMENT RENTALS 10,921.18 10,921.18 10,200.00 ( 721.18) 107.1 General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 19 of 35 CITY OF ORONO EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2019 GENERAL FUND PERIOD YTD BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 10/17/2019 10:38AM PAGE: 12 101-45210-433 MEMBERSHIPS 165.00 165.00 300.00 135.00 55.0 101-45210-437 TRAINING & DEVELOPMENT 179.00 179.00 150.00 ( 29.00) 119.3 101-45210-438 ADMINISTRATIVE CHARGE .00 .00 .00 .00 .0 101-45210-440 SPECIAL EQUIPMENT REPLACEMENT .00 .00 .00 .00 .0 101-45210-441 LICENSES & TAXES 332.00 332.00 550.00 218.00 60.4 101-45210-489 OTHER MISCELLANEOUS CHARGES 18.00 18.00 200.00 182.00 9.0 TOTAL GOLF COURSE 201,163.06 201,163.06 212,730.00 11,566.94 94.6 BRUSH SITE 101-45220-104 TEMPORARY/SEASONAL EMPLOYEES 4,166.50 4,166.50 .00 ( 4,166.50) .0 101-45220-122 FICA 97.36 97.36 .00 ( 97.36) .0 101-45220-223 BLDG/GROUNDS MAINT. SUPPLIES 124.35 124.35 .00 ( 124.35) .0 101-45220-312 BANK FEES 12.43 12.43 .00 ( 12.43) .0 101-45220-313 IT SERVICES .00 .00 .00 .00 .0 101-45220-361 GENERAL LIABILITY INS .00 .00 .00 .00 .0 101-45220-381 GAS & ELECTRIC 66.25 66.25 .00 ( 66.25) .0 101-45220-404 REPAIRS/MAINT-BLDGS/GROUNDS 862.21 862.21 .00 ( 862.21) .0 101-45220-415 OTHER EQUIPMENT RENTALS 292.00 292.00 .00 ( 292.00) .0 TOTAL BRUSH SITE 5,621.10 5,621.10 .00 ( 5,621.10) .0 TOTAL FUND EXPENDITURES 6,238,535.21 6,238,535.21 8,577,280.00 2,338,744.79 72.7 NET REVENUE OVER EXPENDITURES (6,238,535.21) ( 6,238,535.21) ( 8,577,280.00) ( 2,338,744.79) ( 72.7) General Fund Financial Report 3rd Quarter 2019 Expenditure Detail Page 20 of 35 City of Orono Vendor Payment Amounts July - September 2019 Payee Amount Paid Description GMH ASPHALT 834,148.87$ 2019 Street Improvements 19-001 MET COUNCIL ENVIRONMENTAL SERV 264,308.73$ Wastewater & SAC Charges BOLTON & MENK INC 219,320.50$ Engineering Services HEALTH PARTNERS 161,229.00$ Health Insurance VISU SEWER CLEAN & SEAL INC 104,568.59$ 2018 Sewer Improvement HENNEPIN COUNTY TREASURER ASSESSING 95,500.00$ 2nd Half 2019 Assessing Services BOND TRUST SERVICES 88,334.39$ Bond Interest FERGUSON WATERWORKS 58,489.31$ Water Meter Replacement Project 19-026 The Broadway Group LLC 54,038.00$ Escrow refund for Oliver Hill XCEL ENERGY 50,095.94$ Electrical Service CUMMINS NPOWER LLC 41,771.00$ LS 1 Generator WACONIA FORD SALES INC 41,669.76$ Bucket Truck Chassis CLIFTON LARSON ALLEN LLP 41,500.00$ 2018 Audit Services Berkley Risk Admin Co LLC 41,342.00$ 2019 Property/Casualty Insurance Schneider Excavating and Grading Inc 40,450.00$ School Water Connection WASTE MANAGEMENT RECYCLE 36,397.35$ Recycling Service CIVIC SYSTEMS LLC 33,299.00$ Software Support and Upgrade MANSFIELD OIL COMPANY 27,448.86$ Fuel QUALITY FLOW SYSTEMS INC 26,811.34$ Lift Station and Grinder Station Repair and Maintenance METRO WEST INSPECTIONS SVCS INC 26,712.00$ Inspection Services Polaris Industries Inc 26,006.46$ 2019 Polaris ATV LOGIS 25,830.75$ Police Records, Backup, Network Support CAMPBELL KNUTSON 25,700.39$ Legal Consulting Service ALLWEATHER ROOF 24,375.00$ Navarre Water Plant Roof LYNN MYHRAN 22,000.00$ Escrow Refund CITY OF WAYZATA 20,304.02$ Sewer Service Witt's End Landscaping 18,642.50$ Golf Course Drainage Rocks CARDMEMBER SERVICE 16,384.26$ Credit Card Purchases RDO EQUIPMENT 14,743.58$ Unit #430 Repairs SHI 14,622.00$ PD Toughbooks LAKE MTKA CONSERVATION DIST 14,568.75$ 3rd Qtr 2019 LMCD Levy SHAUGHNESSY LAWN CARE 13,638.00$ Parks Mowing Morris J Wagener 13,128.52$ Permit Fee Refund MICHAEL HART 12,500.00$ Escrow Refund NORTON HOMES 12,500.00$ Escrow Refund CITY OF DAYTON 11,153.39$ Toward Zero Deaths Grant Disbursement All Traffic Solutions 10,885.00$ 2019 ATS-5 Trailer MTI DISTRIBUTING INC 10,579.36$ Golf Course Maintenance and Supplies VERIZON WIRELESS 10,507.15$ Internet Service Carmen Bay Lake Improvement District 10,358.16$ 1st Half CBLID Payment DELTA DENTAL 10,342.57$ Employee Dental Insurance CARGILL SALT 10,152.17$ Navarre Water Plant Salt MN DEPT OF REVENUE-WIRE 10,072.00$ Sales Tax ALLIED BLACKTOP COMPANY 10,000.00$ 2019 Crack Sealing Project Burris, Josh & Stephanie 10,000.00$ Escrow Refund Kvalseth, Christine 10,000.00$ Escrow Refund Maritime Heritage Minnesota 10,000.00$ Big Island Study 18-030 Merritt, Brent & Toni 10,000.00$ Escrow Refund Redmond, Ellen 10,000.00$ Escrow Refund Emery's Tree Service Inc 9,092.50$ Parks Tree Trimming and Removal General Fund Financial Report 3rd Quarter 2019 Vender Listing - 7/1/19-9/30/19 Page 21 of 35 Ammermann, Jonathan & Sarah 9,000.00$ Escrow Refund Mark & Elizabeth Beltrand 9,000.00$ Escrow Refund Bergstrom, Tom 8,700.00$ Escrow Refund LEAGUE OF MN CITIES 8,657.00$ 2019-2020 LMC Membership TALLEN AND BAERTSCHI 8,584.60$ Prosecution Services VALLEY RICH CO 8,392.58$ Water Main Break DOCK & LIFT INC 8,201.00$ Loma Linda Dock Replacement MISSION COMMUNICATIONS LLC 7,990.20$ Lift Station Alarm Service EHLERS AND ASSOCIATES INC 7,620.00$ 2019 Continuing Disclosure & 2018 TIF Reporting VANGUARD CLEANING SYSTEMS 7,425.00$ Janitorial service HENNEPIN COUNTY INFOR TECH DPT 7,422.16$ PW Radios & Network Support ROGERS POLICE DEPARTMENT 7,256.35$ Toward Zero Deaths Grant Disbursement NORTHERN LIGHTS DISPLAY 7,185.42$ Holiday lights STREICHERS POLICE EQUIP 6,763.80$ Police Equipments and Uniforms SUN LIFE FINANCIAL 6,731.14$ Employee Insurance Traut Companies 6,382.00$ Well #4 Piping CITY OF MEDINA 6,009.19$ Toward Zero Deaths Grant Disbursement Plan-It Geo LLC 6,000.00$ Inventory/Assessment of Parks & Roadways BRAUN INTERTEC 5,827.50$ 2019 Street Improvements 19-001 YAMAHA MOTOR CORP 5,826.00$ Golf Cart and Utility Cart Rental ESRI Inc 5,647.00$ ArcGIS licensing CITY OF CORCORAN 5,444.87$ Toward Zero Deaths Grant Disbursement THE HARTFORD 5,279.61$ Employee Insurance NORLINGS 5,238.10$ Landscape and Park Maintenance CivicPlus Inc 5,167.51$ CivicPlus Annual Fee TWIN CITY STRIPING 5,000.00$ 2019 Road Striping WEST HENNEPIN PUBLIC SAFETY 4,957.90$ Toward Zero Deaths Grant Disbursement PAINT A LOT 4,625.34$ Road Striping COMMERCIAL ASPHALT 4,442.08$ Blacktop Patching CenturyLink 4,251.26$ Phone & Internet Service MUNICIPAL CODE CORPORATION 3,934.00$ City Code Updates BIFFS INC 3,896.50$ Porta Potty Metro General Services Inc 3,861.00$ Locate Blockage/Excavate Sewer Line CENTERPOINT ENERGY MAIN 3,736.84$ Natural Gas Service CORE & MAIN 3,677.59$ Gate Valve Repair A 1 ELECTRIC SERVICE OF WACONIA 3,642.74$ Lift Station #1 & #5 Install MN DEPT OF HEALTH 3,370.00$ Water Connection fee Gladney, Tanya 3,000.00$ Employee Training LaPointe Utilities Inc 3,000.00$ Escrow Refund ALLSTREAM 2,999.54$ Phone Service JS STEWART COMPANIES INC 2,910.00$ Escrow Refund WIDMER CONTSTRUCTION 2,875.00$ Gate Valve Install RANDYS ENVIRONMENTAL SERVICES 2,811.53$ Garbage Service T W TUPY INC 2,756.59$ Yard Stock Gagne, James 2,750.00$ Driveway Restoration Release DITTER INC 2,650.41$ Furnace Repair & Maintenance HENNEPIN COUNTY SHERIFF 2,558.50$ Jail Charges Hoff Barry P.A 2,551.50$ Contempt Matter SOUTH LAKE MINNETONKA POLICE 2,538.98$ Toward Zero Deaths Grant Disbursement G & G Holding Co Ltd 2,500.00$ Escrow Refund GOOD SHEPHERD LUTHERAN CHURCH 2,500.00$ Escrow Refund LEAGUE OF MN CITIES INS TRUST 2,500.00$ Jetting Sewer Line Claim Tanner, John 2,500.00$ Escrow Refund Tufaa, Tashitaa 2,500.00$ Escrow Refund Wohlwend, David & Megan 2,500.00$ Escrow Refund General Fund Financial Report 3rd Quarter 2019 Vender Listing - 7/1/19-9/30/19 Page 22 of 35 MACQUEEN EQUIPMENT 2,480.85$ Truck #713 Parts & Unit #460 Maintenance MINUTEMAN PRESS 2,413.26$ Summer Newsletter Postage DPC INDUSTRIES 2,293.41$ Chlorine & Chemicals CHUNKS LAKESHORE AUTO 2,263.55$ Police Auto Repairs MN NATIVE LANDSCAPE 2,250.00$ Saga Hill Maintenance TWIN CITY GARAGE DOOR CO 2,200.00$ Public Works Garage Door Repair TRAFFIC DATA INC 2,175.00$ MSA traffic counts GRAFIX SHOPPE 2,167.45$ Squad Repair and Set Up City of Deephaven 2,008.04$ Towards Zero Death Grant Disbursement Strong Arm Construction Services 2,000.00$ Escrow Refund Sundstrom, Brian 2,000.00$ Escrow Refund SOUTHVIEW DESIGN 1,970.00$ Escrow Refund BARNUM GATE SERVICES INC 1,953.75$ PD Gate Repair David Weekley Homes 1,940.00$ Escrow Refund GOPHER STATE ONE CALL 1,884.60$ Locates OFFICE DEPOT 1,836.11$ Office Supplies JACKIE YOUNG 1,835.00$ Recording Service US Bank Equipment Finance 1,790.28$ Copiers MEDIACOM 1,780.50$ Internet THE HOME DEPOT 1,758.65$ Public Works Supplies ECM PUBLISHERS INC 1,746.22$ Legal/Notice Publications OLSEN CHAIN AND CABLE INC 1,671.25$ Lifting Slings for Small Equipment DogHaven 1,670.00$ Escrow Refund GREAT LAKES COCA-COLA 1,600.92$ Beverages for Resale at Golf Course ROOT 0 MATIC 1,596.90$ Sewer Service CAPITOL BEVERAGE SALES L.P 1,559.40$ Beer for Resale at Golf Course WESTSIDE WHOLESALE TIRE 1,539.24$ Replacement Tires APPRIZE TECHNOLOGY SOLUTIONS 1,521.00$ Administrative Fee TWIN CITY SEED COMPANY 1,441.25$ Storm Water Ditching and Inventory NEWEGG INC 1,430.15$ Computer/Network Supplies Reed Wholesale & OCS 1,428.15$ Concessions for Resale at Golf Course SiteOne Landscape Supply 1,410.59$ Fungicide, Weed Control and Grass Seed U.S. AutoForce 1,387.36$ Squad Tires PRAIRIE RESTORATIONS INC 1,360.00$ French Creek Park Vegetation mgmt RYAN AUTO MALL 1,323.68$ Squad Repairs Bridgewater Bank 1,312.00$ Escrow Application City of Orono Utilities 1,300.01$ City Utilities LDK Builders Inc 1,291.00$ Escrow Refund Modern Power Solutions 1,271.50$ Generator Repairs CEMSTONE 1,238.35$ LS #1 Cement Johnson, Fred 1,175.00$ Escrow Refund ESS BROTHERS & SONS 1,118.00$ Dandy Dewatering Bag NCPERS GROUP LIFE INS 1,104.00$ Employee Pension Benefit Millz House 1,099.50$ Hackberry Park Basketball Court Riverside Design 1,072.20$ Inspection Notices LANO EQUIPMENT 1,048.00$ Unit #451 Repair Task 30253 Wright-Hennepin Coop Electric 1,021.96$ Electical Service Arndt, Doug 1,000.00$ Escrow Refund BURNET TITLE CORPORATE OFFICE 1,000.00$ Escrow Refund CHARLES CUDD 1,000.00$ Escrow refund Custom Septic Inc 1,000.00$ Escrow refund DAHL, CHRISTOPHER 1,000.00$ Escrow refund ELMER J PETERSON CO 1,000.00$ Escrow refund Falkum, Scott 1,000.00$ Escrow refund GONYEA HOMES 1,000.00$ Escrow refund General Fund Financial Report 3rd Quarter 2019 Vender Listing - 7/1/19-9/30/19 Page 23 of 35 Langton, William 1,000.00$ Escrow refund Lecy Bros Homes & Remodeling 1,000.00$ Escrow refund Mark D. Williams Homes Inc 979.00$ Escrow refund CUBE INC 970.00$ Escrow refund Hallen, Benjamin 970.00$ Escrow refund STONEWOOD LLC 970.00$ Escrow refund ROB HOWELLS 950.00$ 2nd Qtr 2019 Video Streaming CONNELLY INDUSTRIAL ELEC 920.76$ Navarre plant repair SiteOne Landscape Supply LLC 918.06$ Irrigation Pump Part Truax Patient Services 900.00$ Narcan Nasal Spray Emergency Medical Products Inc 876.10$ Squad Medical Supplies Innocorp LTD 839.00$ Fatal Vision Drug Simulation/Goggle CINTAS CORPORATION 833.81$ Uniform, Mats and Shop Towel Cleaning WATER CONSERVATION SVC INC 824.86$ Leak Locates TRI K SERVICES 814.00$ Top Soil GENUINE PARTS COMPANY/NAPA 773.18$ Shop Supplies SAFETY VEHICLE SOLUTIONS 769.95$ Truck Supplies EDDIES AUTO AND MARINE 752.97$ Squads Front Pads & Rotors MINNETRISTA PUBLIC SAFETY 744.57$ Toward Zero Deaths Grant Disbursement ASPEN EQUIPMENT 743.34$ Unit #426 Repair UNITED STATES POSTAL SERVICE 736.75$ Postage GOPHER ACE 733.81$ Shop Supplies JJ TAYLOR DIST LF MN 724.70$ Beer for Resale at Golf Course Hennepin County Property Tax 707.50$ Special Assessments Johnson, Peter W 700.00$ Escrow refund Kirchner, Scott 700.00$ Escrow refund LONG, KATHRIN 700.00$ Escrow refund EARL F ANDERSON & ASSOC 687.74$ City Signs Bocharmikov, Veniamin 679.00$ Escrow Refund L. Cramer Builders & Remodeler 679.00$ Escrow refund Precision Decks 679.00$ Escrow refund MN CHIEF OF POLICE ASSN 675.00$ Employee Training LAKESCAPE LLC 674.68$ Beach Weed Control Emergency Medical Training Specialists 660.00$ Employee Training VIKING INDUSTRIAL CENTER 655.08$ Marking Locate, Flags Street Light Warning Lites of MN 651.71$ Signs O SULLIVANS HOLIDAY 547 635.78$ Car Washes THOMSON WEST 610.86$ West Information Soil Investigation & Design 600.00$ Review of Design and Soil Inspection SRIXON SPORTS USA INC 595.60$ Golf Course Supplies Reinders Inc 588.54$ Fertilizer Syn-Tech Systems 583.75$ Maintenance Agreement Fuel System Blue Lagoon Marine 579.82$ Pontoon Repair AMERICAN PLANNING ASSOCIATION 579.00$ APA Membership BUREAU OF CRIM. APPREHENSION 510.00$ CJDN Access Fee American Environmental LLC 500.00$ WIN-911 Software 495.00$ FASTENAL 480.69$ MICHAEL JOHNSRUD 479.00$ SONICLEAR 473.00$ ARC DOCUMENT SOLUTIONS LLC 470.00$ NORTHERN SPECIALITIES INC 460.00$ MINNESOTA EQUIPMENT 453.83$ SUBURBAN RATE AUTHORITY 452.00$ Premium Waters Inc 442.52$ General Fund Financial Report 3rd Quarter 2019 Vender Listing - 7/1/19-9/30/19 Page 24 of 35 NAVARRE HARDWARE 442.51$ SMILEY, JENNIFER 424.87$ OTTEN BROTHERS 424.86$ MacMILLAN & ATHANASES PLLC 411.00$ Hassan Sand & Gravel 393.76$ WILLIAMS TOWING 385.00$ CITY OF BLOOMINGTON 381.50$ MAILFINANCE 376.50$ ADVANCED IMAGING SOLUTIONS - COPIERS 350.28$ Morrie's Auto Body & Glass 325.00$ Quilty, Patrick 315.52$ CITYVIEW PLUMBING & HEATING INC 314.29$ CECE S SIGNS 307.00$ JR'S ADVANCED RECYCLERS 304.00$ DOG WASTE DEPOT 279.01$ VARNER MOBILE SERVICES LLC 278.00$ MOUND TRUE VALUE 263.54$ BUSINESS ESSENTIALS 258.32$ Minnesota Secretary of State - Notary 240.00$ MINNEAPOLIS OXYGEN COMPANY 235.07$ PLUNKETT S 232.54$ GRAINGER INC 231.80$ O SULLIVANS HOLIDAY 231.00$ MARGARET UNG 230.00$ BATTERIES PLUS 228.60$ A 1 RENTAL 221.40$ SHERWIN WILLIAMS 220.32$ GOLF MAX 215.79$ HOTSYMINNESOTA.COM 203.00$ OPTUM 200.75$ CITY OF ORONO PETTY CASH 200.00$ KYLE KIRSCHNER 196.35$ FSSolutions 195.90$ PIRTEK 180.44$ CMI INC 170.00$ Navarre Minnoco 166.77$ CITY OF MINNETONKA BEACH 164.00$ TIMBERWALL LANDSCAPE & MASONRY 152.21$ Yamaha Golf & Utility 148.29$ ZONE ONE LOCATING 140.00$ ZARNOTH BRUSH WORKS 137.00$ Aspen Mills 125.11$ SERVPRO of Minnetonka 125.00$ APPLIED CONCEPTS INC 122.00$ MINT ROOFING 117.64$ LOPEZ, ERIC 113.42$ Noack, Ian 113.00$ On Time Delivery Service Inc 101.84$ TONY WHITE 100.27$ JANE SZCZEPANIK 100.17$ ALL SEASON SPORTS 91.00$ VESSCO INC 76.56$ A La Carte Creative Group 75.00$ UNITED FARMERS COOPERATIVE 72.99$ SUSAN SCHULTZ 70.13$ General Fund Financial Report 3rd Quarter 2019 Vender Listing - 7/1/19-9/30/19 Page 25 of 35 Advance Auto Parts 68.11$ STAR TRIBUNE 58.24$ MN Lakes Bank 55.75$ Henrich, Benjamin 55.00$ Crown Marking Inc 54.45$ CHRIS FISCHER 51.00$ BCA TRAINING & DEVELOPMENT 50.00$ SCOTT OBERAIGNER 50.00$ City of Wayzata\DMV 49.75$ KENNETH N POTTS PA 46.80$ Christianson, Carver 45.00$ WAYZATA BAY CAR WASH 42.58$ Plate, Alexander 32.00$ MN MAYORS ASSOCIATION 30.00$ KELLY HERZOG 27.49$ Water Doctors 26.50$ MN DEPT OF NATURAL RESOURCES 23.09$ GEAR WEST SKI, BIKE, RUN 21.99$ GROUP HEALTH INC 20.00$ STEVE STURM 19.38$ TONY WITTKE 18.74$ Orono Youth Lacrosse Association 15.00$ JAMI WITTKE 14.50$ JASON BARNES 12.97$ Scott Builders Inc 10.00$ JOSH NEEDHAM 9.33$ CULLIGAN 8.68$ Moore, Kevin 1.00$ Grand Total 3,126,488.21$ General Fund Financial Report 3rd Quarter 2019 Vender Listing - 7/1/19-9/30/19 Page 26 of 35 City of Orono Vendor Payment Amounts January - September 2019 Payee Amount Paid Description GMH ASPHALT 1,267,087.94 Old Crystal Bay Road Improvements & Road Patching and Improvements BOND TRUST SERVICES CORP 1,158,343.78 Bond Agent Fee and Debt Service Payments MET COUNCIL ENVIRONMENTAL SVCS 569,527.54 Wastewater & SAC Charges HEALTH PARTNERS 541,426.00 Health Insurance BOLTON & MENK INC 477,191.50 Engineering Services LEAGUE OF MN CITIES 337,611.00 Insurance & Worker's Compensation Audit CITY OF LONG LAKE 315,026.80 Sewer Charges & Fire Service HENNEPIN COUNTY TREASURER ASSESSING 191,000.00 2019 Assessing Services JUDSON DAYTON 150,751.32 Security Deposit Refund for Topside Development QUALITY FLOW SYSTEMS INC 143,184.14 Lift Stations and Grinder Stations repairs and maintenance XCEL ENERGY 119,091.15 Electrical Service Schneider Excavating and Grading Inc 113,388.63 Old Long Lake Road Ravine Project & School Water Connection DODGE OF BURNSVILLE 109,693.00 New Squad #258 & #259 Build LOGIS 107,251.45 Police Records, Backup, Network Support VISU SEWER CLEAN & SEAL INC 104,568.59 2018 Sewer Improvement WASTE MANAGEMENT RECYCLE 103,987.95 Recycling Service PARK CONSTRUCTION COMPANY 99,712.18 2018 Street Improvements MANSFIELD OIL COMPANY 81,437.62 Fuel METRO WEST INSPECTIONS SVCS INC 78,201.50 Inspection Services FERGUSON WATERWORKS 75,194.73 Water Meter Replacement Project IN CONTROL INC 72,735.00 2018 Water Plant Scada Project MTI DISTRIBUTING INC 72,655.76 Irrigation Repair and Replacement, Riding Greens Mower CAMPBELL KNUTSON 68,941.13 Legal Consulting Services CARGILL SALT 65,460.91 Road and Water Plant Salt Lake West Development 56,554.00 Security Deposit Refund for Ivy Place CLIFTON LARSON ALLEN LLP 54,075.00 2017 & 2018 Audit Services THE BROADWAY GROUP 54,038.00 Escrow Refund - Oliver Hill STREICHERS POLICE EQUIP 53,305.28 Uniforms CITY OF WAYZATA 48,538.77 Utilities LAKE MTKA CONSERVATION DIST 43,706.25 LMCD Levy CARDMEMBER SERVICE 42,759.99 Credit Card Purchases CUMMINS NPOWER LLC 42,597.24 LS 1 Generator WACONIA FORD SALES INC 41,701.45 Bucket Truck Chassis CIVIC SYSTEMS LLC 38,198.00 Software Support and Upgrade SHI 34,119.32 PD Toughbooks VALLEY RICH CO 33,384.48 Watermain Break Repair Witt's End Landscaping 33,285.00 Golf Course Drainage ALLWEATHER ROOF 33,211.21 Navarre Water Plant Roof Repair & Post Office Roof Repair David Weekley Homes 31,940.00 Escrow Refund - Orono Preserve DELTA DENTAL 31,849.31 Employee Dental Insurance Polaris Sales Inc 26,006.46 2019 Polaris ATV TALLEN AND BAERTSCHI 25,573.81 Prosecution Services HENNEPIN COUNTY INFOR TECH DPT 24,367.96 Network Support and Police/PW Radios CENTERPOINT ENERGY MAIN 24,033.27 Natural Gas Service VERIZON WIRELESS 23,414.21 Internet and Cell Phone Service VANGUARD CLEANING SYSTEMS 22,171.87 Janitorial service MYHRAN, ANDRES & LYNN 22,000.00 Escrow Refund CITY OF DAYTON 20,899.19 Toward Zero Deaths Disbursement SUN LIFE FINANCIAL 20,630.81 Employee Insurance ONLINE SOLUTIONS, LLC 19,800.00 Citizen Serve Licensing Hoff Barry P.A 19,513.61 Contempt Matter RANDYS ENVIRONMENTAL SERVICES 17,683.81 Garbage Service THE HARTFORD 17,578.80 Employee Long Term Disability Insurance SHAUGHNESSY LAWN CARE 17,543.00 Parks Mowing A 1 ELECTRIC SERVICE OF WACONIA 17,309.40 PW Security Camera, Light Fixture Repair & Install, Lift Station #1 & #5 Install TITAN MACHINERY 17,202.23 Unit #429 repairs ROGERS POLICE DEPARTMENT 17,002.84 Toward Zero Deaths Disbursement RDO EQUIPMENT 16,983.66 Plate Packer & Unit #430 Repairs MOTOROLA 16,621.00 Police Radios Axon Enterprise Inc 16,438.00 Police Equipment MN DEPT OF REVENUE-WIRE 16,164.52 Sales Tax Payment CITY OF MEDINA 15,735.08 Toward Zero Deaths Disbursement WEST HENNEPIN PUBLIC SAFETY 14,747.64 Toward Zero Deaths Disbursement GEPHART ELECTRIC CO INC 14,610.00 LS #20 Generator CHARLES CUDD 14,500.00 Escrow Refund MISSION COMMUNICATIONS LLC 13,239.00 Annual service LS alarm General Fund Financial Report 3rd Quarter 2019 Vender Listing - YTD Page 27 of 35 Wagener Properties LLC 13,128.52 Escrow and Permit Fee Refund NORTON HOMES 12,500.00 Escrow Refund MICHAEL HART 12,500.00 Escrow Refund LEAGUE OF MN CITIES 12,301.00 Insurance & Worker's Compensation Audit CHUNKS LAKESHORE AUTO 12,107.86 Squad Car Repair and Maintenance SOUTH LAKE MINNETONKA POLICE 12,079.08 Toward Zero Deaths Disbursement Emery's Tree Service Inc 11,912.50 Tree Trimming and Removal CENTURY LINK 11,348.71 Phone & Internet Service UNITED STATES POSTAL SERVICE 11,068.90 Utility Bill Stamps All Traffic Solutions 10,885.00 2019 ATS-5 Trailer CITY OF CORCORAN 10,518.57 Toward Zero Deaths Disbursement Carmen Bay Lake Improvement District 10,358.16 1st Half CBLID Payment ALLIED BLACKTOP COMPANY 10,000.00 2019 Crack Sealing Project Matt Katterhagen 10,000.00 Escrow Refund Kvalseth, Christine 10,000.00 Escrow Refund Burris, Josh & Stephanie 10,000.00 Escrow Refund Merritt, Brent & Toni 10,000.00 Escrow Refund Redmond, Ellen 10,000.00 Escrow Refund Maritime Heritage Minnesota 10,000.00 Big Island Study 18-030 NEWEGG INC 9,546.26 Computer/Network Supplies Modern Power Solutions LLC 9,282.00 Generator Repairs Mark & Elizabeth Beltrand 9,000.00 Escrow Refund Ammermann, Jonathan & Sarah 9,000.00 Escrow Refund ALLSTREAM 8,952.63 Phone Service MEDIACOM 8,902.50 Internet Service COMMERCIAL ASPHALT 8,702.35 Road Patching Bergstrom, Tom 8,700.00 Escrow Refund GRANICUS INC 8,564.40 Website Maintenance and License DOCK & LIFT INC 8,394.00 Loma Linda Dock Replacement YAMAHA MOTOR CORP 8,358.00 Golf and Utility Cart Rental PROLAWNS 8,303.69 2019 Park Turf Maintenance MINNESOTA EQUIPMENT 8,109.35 Equipments and Mowers MUNICIPAL CODE CORPORATION 7,931.38 City Code Updates EHLERS AND ASSOCIATES INC 7,620.00 2019 Continuing Disclosure & 2018 TIF Reporting BRAUN INTERTEC 7,348.25 Old Crystal Bay Road Project & 2018-2019 Street Improvements NORTHERN LIGHTS DISPLAY 7,185.42 Holiday lights MACQUEEN EQUIPMENT 6,955.76 Public Works Vehicles Repair and Maintanance MN DEPT OF HEALTH 6,795.00 Water Testing Fee & Connection fee SOJOURNER 6,700.00 Advocacy Services CORE & MAIN 6,646.30 Hydrant Oil & Gate Valve Repair HENNEPIN COUNTY SHERIFF 6,442.00 Jail Charges MARK J TRAUT WELLS INC 6,382.00 Well Repair and Maintenance OFFICE DEPOT 6,312.90 Office Supplies LUBE TECH ESI 6,193.98 Fuel and Oil and Meter Replacement JOHN DEERE GOVERNMENT SALES 6,078.32 Front Loader Attachment APPLIED CONCEPTS INC 6,054.00 New Squad #259 Build BIFFS INC 6,015.28 Porta Potty LaPointe Utilities Inc 6,000.00 Escrow Refund Plan-It Geo LLC 6,000.00 Inventory/Assessment of Parks & Roadways T W TUPY INC 5,763.95 Rock for Shouldering Rds ESRI 5,647.00 ArcGIS Licensing EARL F ANDERSON & ASSOC 5,611.88 Street Signs CARTEGRAPH 5,460.00 2019 License-Asset Management Software US Bank Equipment Finance 5,430.52 Copier Service JACKIE YOUNG 5,425.00 Recording Services SF Mobile-Vision Inc 5,383.00 New Squad Build #258 NORLINGS 5,238.10 Landscape and Park Maintenance CivicPlus Inc 5,167.51 Software Support TWIN CITY STRIPING 5,000.00 2019 Road Striping Strohman Enterprise Inc 4,924.92 Rifle Sights MINUTEMAN PRESS 4,831.45 Spring Newsletter Postage Pellizzer, Timothy 4,800.00 Escrow Refund American Environmental LLC 4,776.50 CCTV Inspection of Sewer PAINT A LOT 4,625.34 Road Striping SRF CONSULTING GROUP INC 4,483.80 CSAH 112 PH2 Landscaping DPC INDUSTRIES 4,431.03 Chlorine & Chemicals REINDERS Inc 4,419.96 Fertilizer and Fungicides SAFE ASSURE 4,401.38 Safety Training THE HOME DEPOT 4,345.73 Clubhouse Mold Removal & Tree Lighting Event & Other Supplies SECURITY & SOUND CO 4,293.00 Door Repair and Controller H & L MESABI 4,228.26 Replacement Snow Plow Blades General Fund Financial Report 3rd Quarter 2019 Vender Listing - YTD Page 28 of 35 WESTSIDE WHOLESALE TIRE 4,145.37 Replacement Tires ADVANCED IMAGING SOLUTIONS - COPIERS 4,120.22 Copier Lease City of Orono Utilities 4,083.06 City Utilities MN CHIEF OF POLICE ASSN 4,021.00 Membership/Training High Road Heating & Cooling 3,984.00 LS #5 Gas Line to Generator ECM PUBLISHERS INC 3,911.80 Legal/Notice Publications CITYVIEW PLUMBING & HEATING INC 3,894.86 Repair Bathroom Fan & South Water Treatment Plant Testing Roark Plumbing Inc 3,878.00 GC Clubhouse Deck Plumbing Metro General Services Inc 3,861.00 Locate Blockage/Excavate Sewer Line HERC U LIFT 3,785.80 Pallet Racking and Jack & Holiday Decoration Take Down GOPHER STATE ONE CALL 3,638.30 Locates BARNUM GATE SERVICES INC 3,589.95 PD Gate Repair VARNER MOBILE SERVICES LLC 3,563.91 Generator and Actuator Repairs Coppin Sewer and Water 3,500.00 Sewer Main Replacement GENUINE PARTS COMPANY/NAPA 3,483.08 Vehicle/Equipment Supplies METRO CITIES 3,284.00 Membership WATER CONSERVATION SVC INC 3,233.17 Leak Locates THN ENTERPRISES 3,225.00 Big Island dock repair SiteOne Landscape Supply 3,218.19 Fungicide, Weed Control and Grass Seed NCPERS GROUP LIFE INS 3,200.00 Employee Pension Program REAL ASSETS LLC 3,200.00 Escrow Refund Yamaha Golf & Utility 3,189.18 Golf Cart - Clean Fuel System CEMSTONE 3,137.85 Air Entrainment Admixture LS13, GS9, LS1 Gladney, Tanya 3,000.00 Employee Training MacMILLAN & ATHANASES PLLC 2,918.10 Legal Matter JS STEWART COMPANIES INC 2,910.00 Escrow Refund CAPITOL BEVERAGE SALES L.P 2,885.60 Beer for Resale at Golf Course WIDMER CONTSTRUCTION 2,875.00 Gate Valve Install GREAT LAKES COCA-COLA 2,873.64 Beverages for Resale at Golf Course LAKE MINNETONKA ERU 2,800.00 Membership ASPEN EQUIPMENT 2,794.86 Brine Tank Fittings and Unit 427, 424, & 426 Repairs Gagne, James 2,750.00 Driveway Restoration Release DITTER INC 2,746.41 Furnace Repair and Maintenance MHSRC/Range 2,740.00 Police Training CINTAS CORPORATION 2,725.90 Cleaning Service (Uniforms & Mats) Henn county Community Corrections & Reha 2,695.50 STS Parks Tree Trimming APPRIZE TECHNOLOGY SOLUTIONS 2,674.50 Benefit Administrative Fee TWIN CITY GARAGE DOOR CO 2,632.00 Public Works Garage Door Repair PRAIRIE RESTORATIONS INC 2,597.50 Lurton Park and French Creek Park Maintenance CITY OF MOUND 2,528.32 2019 Admin citations LEAGUE OF MN CITIES INS TRUST 2,500.00 Jetting Sewer Line Claim NETJES, DAVID 2,500.00 Escrow Refund BURKE, FORREST 2,500.00 Escrow Refund GOOD SHEPHERD LUTHERAN CHURCH 2,500.00 Escrow Refund MATTHEW & JENNIFER NYQUIST 2,500.00 Escrow Refund RASMUSSEN, LYNNE 2,500.00 Escrow Refund Smith, Michael & Vanessa 2,500.00 Escrow Refund Hadden, Timothy & Juliann 2,500.00 Escrow Refund Ziegler, Katherine & Thomas 2,500.00 Escrow Refund Rudolph, Stephen 2,500.00 Escrow Refund G & G Holding Co Ltd 2,500.00 Escrow Refund Tufaa, Tashitaa 2,500.00 Escrow Refund Tanner, John 2,500.00 Escrow Refund Wohlwend, David & Megan 2,500.00 Escrow Refund Metro Sales Inc 2,493.42 Copiers Lease U.S. AutoForce 2,440.00 Tire Replacements on Vehicles KUSTOM SIGNALS INC 2,436.00 New Squad #261 Radar WRIGHT HENNEPIN ELECTRIC 2,346.70 Electrical Service GRAFIX SHOPPE 2,325.33 Squad Repair and Set Up Riverside Design 2,278.35 Inspection Notices GOPHER ACE 2,274.14 Public Works Supply MN NATIVE LANDSCAPE 2,250.00 Saga Hill Maintenance Millz House 2,199.00 Hackberry Park Basketball Court TRAFFIC DATA INC 2,175.00 MSA traffic counts Reed Wholesale & OCS 2,128.97 Concessions for Resale at Golf Course CITY OF ORONO PETTY CASH 2,052.00 Application of Escrows to Outstanding Invoices City of Deephaven 2,008.04 Toward Zero Deaths Disbursement Larson, Jasin 2,000.00 Escrow Refund Sundstrom, Brian 2,000.00 Escrow Refund Strong Arm Construction Services 2,000.00 Escrow Refund SOUTHVIEW DESIGN 1,970.00 Escrow Refund General Fund Financial Report 3rd Quarter 2019 Vender Listing - YTD Page 29 of 35 CONCEPT LANDSCAPING 1,950.00 Fire Lane TRI CITY LAB 1,894.00 Bacterial Water Testing ROB HOWELLS 1,884.41 Video Streaming JOHNSON CONTROLS FIRE PROTECTION LP 1,802.00 Annual Fire Alarm Monitoring & Sprinkler Test MN DEPT OF TRANSPORTATION 1,782.96 Material Testing and Traffic Light Maintenance CITY OF MINNETONKA BEACH 1,744.50 2018 Admin Fines ES&S Election Systems & Software 1,698.95 Election System and Software OLSEN CHAIN AND CABLE INC 1,697.30 Lifting Slings for Small Equipment O SULLIVANS HOLIDAY 1,694.86 Car Washes DogHaven 1,670.00 Escrow Refund THOMSON WEST 1,615.56 West Information for Police ROOT 0 MATIC 1,596.90 Sewer Service Robert Schlosser 1,575.00 Holiday Lighting Ceremony RITEWAY BUSINESS FORMS 1,563.61 AP Checks and Utility Bill Forms NOVA COMMUNICATIONS 1,555.00 Phone Support Diabsolut 1,553.75 HRWize Software Implementation BUREAU OF CRIM. APPREHENSION 1,530.00 CJDN Access Fee Perry's Truck Repair 1,482.82 Towing Service TWIN CITY SEED COMPANY 1,441.25 Storm Water Ditching and Inventory D & R AG REPAIR 1,426.84 Generator Repair EGAN 1,425.00 Old Crystal Bay Road Project Minnesota DMV 1,396.21 Squad #261 Registration JR'S ADVANCED RECYCLERS 1,379.00 Clean Up Day - Appliances NORTH MEMORIAL 1,370.00 EMR Refresher O SULLIVANS HOLIDAY 1,368.45 Car Washes APACHE GROUP 1,359.36 Supplies RYAN AUTO MALL 1,352.98 Squad Repairs LAKESCAPE LLC 1,349.36 Beach Weed Control LDK Builders Inc 1,291.00 Escrow Refund MINNETRISTA PUBLIC SAFETY 1,285.03 Toward Zero Deaths Disbursement ESS BROTHERS & SONS 1,268.00 Manhole Supplies Jonathan Norris/Catherin Morrison 1,250.00 Escrow Refund Patrick & Melissa Mulheran 1,250.00 Escrow Refund NAVARRE HARDWARE 1,239.54 Public Works Supplies ROTARY CLUB OF ORONO 1,200.00 Membership Soil Investigation & Design 1,200.00 Review of Design and Soil Inspection SRIXON SPORTS USA INC 1,181.10 Golf Course Supplies FISCHER MINING LLC 1,180.29 Ice Control Sand Johnson, Fred 1,175.00 Escrow Refund LANO EQUIPMENT 1,171.01 Unit #451 Repairs JJ TAYLOR DIST LF MN 1,143.30 Beer for Resale at Golf Course MAILFINANCE 1,129.50 Postages CITY OF ST PAUL 1,129.00 PDI Training EMBEDDED SYSTEMS INC 1,107.00 Siren Maintenance MINNEAPOLIS OXYGEN COMPANY 1,097.86 Medical Oxygen and Hazardous Material Disposal SAFETY VEHICLE SOLUTIONS 1,070.95 Truck Supplies KYLE KIRSCHNER 1,027.63 Xerxes Care MOUND TRUE VALUE 1,013.88 Police Supplies WILLIAMS TOWING 1,005.00 Towing Service ELMER J PETERSON CO 1,000.00 Escrow refund BURNET TITLE CORPORATE OFFICE 1,000.00 Escrow Refund DAHL, CHRISTOPHER 1,000.00 Escrow refund GONYEA HOMES 1,000.00 Escrow refund Lecy Bros Homes & Remodeling 1,000.00 Escrow refund Watkins, Christopher 1,000.00 Escrow Refund Cowden, Margaret 1,000.00 Escrow Refund Gasterland, Jan 1,000.00 Escrow Refund Nitzbert, Kevin 1,000.00 Escrow Refund Arndt, Doug 1,000.00 Escrow Refund Langton, William 1,000.00 Escrow Refund Custom Septic Inc 1,000.00 Escrow Refund Falkum, Scott 1,000.00 Escrow Refund Carrot-Top Industries Inc 983.64 Mark D. Williams Homes Inc 979.00 ICMA MEMBERSHIP RENEWALS 973.60 STONEWOOD LLC 970.00 CUBE INC 970.00 OUTDOOR ESCAPES OF LAKE MINNETONKA INC 970.00 Hallen, Benjamin 970.00 TRI K SERVICES 968.00 CONNELLY INDUSTRIAL ELEC 920.76 General Fund Financial Report 3rd Quarter 2019 Vender Listing - YTD Page 30 of 35 SHERWIN WILLIAMS 908.25 SUBURBAN RATE AUTHORITY 904.00 Truax Patient Services 900.00 EMERGENCY MEDICAL PRODUCTS INC 876.10 FASTENAL 869.55 ZARNOTH BRUSH WORKS 856.96 ARC 853.04 MN DNR OMB 842.80 Innocorp LTD 839.00 ADVANCED FIRST AID INC 831.00 ANCOM TECHNICAL CENTER 826.85 Premium Waters Inc 823.40 James Harvey 800.00 NOLA DICKHAUSEN 796.95 OPTUM 796.50 HOTSYMINNESOTA.COM 764.45 EDDIES AUTO AND MARINE 752.97 BUSINESS ESSENTIALS 737.53 MUNSON LAKES NUTRITION 717.25 PIRTEK 711.04 Hennepin County Property Tax 707.50 ELEANOR L 700.00 ELEANOR L FERRIL 700.00 Michael Jones 700.00 Johnson, Peter W 700.00 Kirchner, Scott 700.00 LONG, KATHRIN 700.00 PLUNKETT S 697.62 CONTINENTAL RESEARCH CORPORATION 694.00 A 1 RENTAL 687.96 LENSING, JULIE 679.00 NOR-SON Inc 679.00 Fineline Lakeshore Service 679.00 Helgerson, AJ 679.00 Bocharmikov, Veniamin 679.00 Precision Decks 679.00 L. Cramer Builders & Remodeler 679.00 Emergency Medical Training Specialists 660.00 VIKING INDUSTRIAL CENTER 655.08 Warning Lites of MN 651.71 FSSolutions 641.80 BERGERSON CASWELL INC 625.00 GARY L FISCHLER & ASSOCIATES 625.00 Sundean, Charlie 600.00 Weyerhaeuser, David C 600.00 Englund, Jeanne 600.00 FIELD TRAINING SOLUTIONS 590.00 Syn-Tech Systems 583.75 Blue Lagoon Marine 579.82 AMERICAN PLANNING ASSOCIATION 579.00 CLINT SCHUMANN 578.80 CHRIS FISCHER 564.78 VESSCO INC 549.16 TOLL GAS & WELDING SUPPLY 533.20 CANVAS SOLUTIONS INC 530.00 HENNEPIN COUNTY CHIEFS OF POLICE ASSN 520.00 NORTHERN DEWATERING INC 517.64 BOYER FORD TRUCKS INC 501.36 WIN-911 Software 495.00 RUFFRIDGE JOHNSON INC 487.21 MICHAEL JOHNSRUD 479.00 SONICLEAR 473.00 CECE S SIGNS 469.00 NORTHERN SPECIALITIES INC 460.00 Sam Gibson Sewer Co LLC 455.00 TONY WHITE 447.24 FRONTIERSMAN SPORTS INC 433.20 SMILEY, JENNIFER 424.87 OTTEN BROTHERS 424.86 MARGARET UNG 424.18 JASON BARNES 412.57 General Fund Financial Report 3rd Quarter 2019 Vender Listing - YTD Page 31 of 35 Matt's Auto Service Inc 401.33 Hassan Sand & Gravel 393.76 ZAHL EQUIPMENT 393.25 STAR TRIBUNE 392.08 JANE SZCZEPANIK 375.27 MN DEPT OF COMMERCE 364.00 MINT ROOFING 352.92 Menards HSBC Business Solutions 334.07 MORRIES BODYWORKS 325.00 TACTICAL SOLUTIONS 321.00 Quilty, Patrick 315.52 A La Carte Creative Group 315.00 STA SAFE LOCKSMITH 313.00 FOTOHAUS 312.00 BRIAN CLARK 306.24 FLAGSHIP RECREATION 293.00 DOG WASTE DEPOT 279.01 HENNEPIN COUNTY TREASURER 272.00 ALL SEASON SPORTS 261.00 GRAINGER INC 256.55 BATTERIES PLUS 253.79 Assn of Training Officers of MN 250.00 KENNETH N POTTS PA 240.30 MN RURAL WATER ASSOCIATION 240.00 OFFICE OF SECRETARY OF STATE 240.00 Schneider, Marsha 232.64 MN DEPT OF PUBLIC SAFETY 225.00 WHEELER LUMBER LLC 225.00 SiteOne Landscape 221.44 CORREY FARNIOK 221.14 ADVANCED IMAGING SOLUTIONS - PRINTERS 219.85 GOLF MAX 215.79 MINNETONKA SPORTSMEN INC 215.05 Advance Auto Parts 212.04 SIRCHIE FINGER PRINT LABS 208.81 AWWA 208.00 RANDY OBRIEN 201.40 STAUBER, STEVE 200.00 Wise Unlimited 197.68 UNITED FARMERS COOPERATIVE 193.41 JH LARSON COMPANY 191.04 BRANDON MAURER 189.99 Jason Goehring 188.88 Cardinal Towing Service Inc 186.02 KELLY HERZOG 185.75 DUSTIN RIEF 182.24 BARRY RATHBUN 174.24 Gustafson, Andrew 172.00 GOVT FINANCE OFFICERS ASSN 170.00 CMI INC 170.00 Navarre Minnoco 166.77 On Time Delivery Service Inc 161.40 Upscaled Designs 161.00 Winning Edge Inc 156.45 TIMBERWALL LANDSCAPE & MASONRY 152.21 SCHWAAB INC 146.26 MN CITY COUNTY MGMT ASSOC 146.04 City of Wayzata\DMV 144.75 TOXALERT 143.00 AMERITINT OF MINNESOTA 140.00 ZONE ONE LOCATING 140.00 NEOPOST USA INC 140.00 JEREMY BARNHART 138.66 WILDTHREADS 138.24 MCFOA 135.00 Aspen Mills 125.11 WESTONKA COMMUNITY & COMMERCE 125.00 JLR GARAGE DOOR SERVICE INC 125.00 SERVPRO of Minnetonka 125.00 WS&D Permit Service Inc 123.37 Northland Petroleum Service 117.40 General Fund Financial Report 3rd Quarter 2019 Vender Listing - YTD Page 32 of 35 LOPEZ, ERIC 113.42 Noack, Ian 113.00 ROGER PEITSO 108.46 PLEAA 105.00 Eidem, Justin & Karen 104.28 DOMINOS PIZZA 96.69 WAYZATA BAY CAR WASH 94.05 EXPRESS EMPLOYMENT PROFESSIONALS INC 93.00 LAUREEN DARLING 90.00 NORTHLAND CHEMICAL CORP 85.70 JOTS COMPUTER SERVICES INC 75.00 Gavin Mueller 71.60 FIRESIDE HEARTH & HOME 71.31 SUSAN SCHULTZ 70.13 BAYSIDE FLORAL 70.00 INTOXIMETERS INC 68.85 SECOND NATURE GRAPHICS 65.00 JESSICA WERDER 57.59 MN Lakes Bank 55.75 Henrich, Benjamin 55.00 Crown Marking Inc 54.45 TONY WITTKE 53.51 SCOTT OBERAIGNER 50.00 BCA TRAINING & DEVELOPMENT 50.00 MCPA C/O BCA CRIME WATCH 50.00 Christianson, Carver 45.00 Jones, Bianca Lynn 45.00 DAVID WILLIAMS 45.00 Sterling, Kris 45.00 GROUP HEALTH INC 40.00 NORTH STAR COUNCIL 40.00 CULLIGAN 39.30 WELLS FARGO BANK-SUBPOENA 38.00 SUMMIT COMPANIES 37.00 STEVE STURM 35.31 JAMI WITTKE 33.96 NORTHERN STAR EXPLORER 33.00 INDELCO PLASTICS CORP 32.96 Plate, Alexander 32.00 MN MAYORS ASSOCIATION 30.00 Pronto Heating & Air Conditioning 29.90 Water Doctors 26.50 KENNETH BECK 24.39 MN DEPT OF NATURAL RESOURCES 23.09 DVS RENEWAL 22.00 GEAR WEST SKI, BIKE, RUN 21.99 ACE HARDWARE 21.98 HEATHER GEHLEN 15.71 Orono Youth Lacrosse Association 15.00 JAY DEMBOUSKI 14.46 CHAD STENSRUD 12.93 MATT SILTALA 12.93 MIKE WOCKEN 10.18 Scott Builders Inc 10.00 JOSH NEEDHAM 9.33 WILLIAM CARSTENS 9.11 David Goman 5.00 Moore, Kevin 1.00 Grand Total 8,492,183.60 General Fund Financial Report 3rd Quarter 2019 Vender Listing - YTD Page 33 of 35 1st State Bank Dequeen 336480CN8 CD RBC 2/20/2018 8/20/2020 2.30% $249,000.00 $250,095.60 $249,000.00 $1,095.60 Barclays Bank - DE 06740KJC2 CD Wells Fargo 12/17/2014 12/17/2019 2.05% $245,000.00 $245,093.10 $245,000.00 $93.10 Belmont Svgs Bk Mass 080515BX6 CD RBC 4/24/2017 4/24/2020 1.60% $125,000.00 $124,840.00 $125,000.00 ($160.00) Berkshire Bank 084601MG4 CD Wells Fargo 3/6/2018 3/22/2020 2.30% $245,000.00 $245,539.00 $245,000.00 $539.00 Capital Bank Little Rock 139797GL2 CD RBC 2/16/2018 11/18/2020 2.30% $249,000.00 $250,389.42 $249,000.00 $1,389.42 Capital One Bank USA - VA 140420QF0 CD Wells Fargo 10/16/2014 10/16/2019 2.15% $100,000.00 $100,007.00 $100,000.00 $7.00 Capital One NA - VA 14042RML2 CD Wells Fargo 7/24/2019 8/2/2021 2.10% $245,000.00 $246,325.45 $245,000.00 $1,325.45 CIT Bank - CA 12556LAY2 CD Wells Fargo 8/13/2019 8/23/2021 1.90% $247,000.00 $247,456.95 $247,000.00 $456.95 Citibank, NA, Sioux Falls SD 17312QJ67 CD UBS 4/19/2018 4/24/2023 3.00% $246,000.00 $255,862.14 $246,000.00 $9,862.14 Comstock Park MI Pub 205759KG7 GB UBS 10/3/2017 5/1/2023 2.75% $500,000.00 $513,155.00 $500,000.00 $13,155.00 Connectone Bk Englewood 20786ABZ7 CD RBC 12/28/2017 12/28/2021 2.30% $249,000.00 $251,721.57 $249,000.00 $2,721.57 Discover Greenwood DE 2546725T1 CD UBS 7/11/2017 7/20/2020 1.85% $247,000.00 $247,093.86 $247,000.00 $93.86 FHLB 3130AA5YO GB RBC 11/30/2016 11/25/2022 1.38% $500,000.00 $499,160.00 $500,000.00 ($840.00) FHLBB 3130AB4V5 GB Wells Fargo 4/5/2017 4/11/2022 2.20% $750,000.00 $750,030.00 $750,000.00 $30.00 FHLMC 3134G9XA0 GB RBC 7/13/2016 7/13/2021 1.25% $500,000.00 $500,045.00 $500,000.00 $45.00 FHLMC - Step 3134GARC0 GB Wells Fargo 11/3/2016 10/27/2023 2.00% $500,000.00 $500,040.00 $500,000.00 $40.00 Flagstar Bank 33847EZ34 CD Wells Fargo 1/26/2018 1/27/2020 2.15% $245,000.00 $245,218.05 $245,000.00 $218.05 Great Western Bank - SD 391414BG3 CD Wells Fargo 8/5/2019 8/9/2021 2.05% $245,000.00 $245,029.40 $245,000.00 $29.40 HSBC Bank 40334AP45 CD UBS 3/10/2016 3/10/2021 1.30% $245,000.00 $248,491.25 $245,000.00 $3,491.25 Lakeside Bank IL 51210SKV8 CD Wells Fargo 8/28/2015 8/28/2020 2.00% $225,000.00 $225,011.25 $225,000.00 $11.25 Live Oak Bkg Co Wilmington NC 538036CK8 CD RBC 4/7/2017 12/7/2020 2.00% $249,000.00 $249,585.15 $249,000.00 $585.15 Mercantil Commercial Natl Assn 58733ADT3 CD RBC 1/27/2017 1/27/2022 2.10% $247,000.00 $248,664.78 $247,000.00 $1,664.78 Merrick Bank South Jordan 59013JH93 CD UBS 12/19/2017 12/30/2019 2.05% $247,000.00 $247,098.80 $247,000.00 $98.80 Money Market - RBC MM RBC 1.18% $1,175,628.82 $1,175,628.82 $1,175,628.82 $0.00 Money Market - Wells Fargo MM Wells Fargo $3,020.71 $3,020.71 $3,020.71 $0.00 Money Market - UBS MM UBS 2.10% $88,677.59 $88,677.59 $88,677.59 $0.00 Money Market - 4M MM 4M Fund 1.83% $1,527,081.24 $1,527,081.24 $1,527,081.24 $0.00 Morgan Stanley Bank 61747MJ85 CD RBC 2/8/2018 2/10/2020 2.30% $247,000.00 $247,390.26 $247,000.00 $390.26 Morgan Stanley Private Bank - NY 61760A2F5 CD Wells Fargo 9/18/2019 9/27/2021 1.90% $247,000.00 $247,481.65 $247,000.00 $481.65 MS Bank - NY 61760AGD5 CD UBS 12/19/2017 12/30/2019 2.05% $247,000.00 $247,096.33 $247,000.00 $96.33 People Bk Codorus 7103RAA3 CD Wells Fargo 12/13/2017 12/29/2021 2.25% $245,000.00 $245,061.25 $245,000.00 $61.25 RCB Bank 74934YAF8 CD Wells Fargo 10/11/2017 10/28/2022 2.20% $245,000.00 $245,053.90 $245,000.00 $53.90 Sallie Mae Bank - UT 7954504C6 CD Wells Fargo 9/11/2019 9/20/2021 1.85% $245,000.00 $245,235.20 $245,000.00 $235.20 Southpoint Bank - AL 84464PBG1 CD Wells Fargo 8/19/2019 8/30/2021 1.90% $247,000.00 $246,990.12 $247,000.00 ($9.88) Current Value Par Value Market Value Over (Under) City of Orono As of 9/30/19 Invest Name Invest # Type Broker Purchase Date Maturity Date Rate Cost General Fund Financial Report 3rd Quarter 2019 Investment Listing Page 34 of 35 Current Value Par Value Market Value Over (Under) City of Orono As of 9/30/19 Invest Name Invest # Type Broker Purchase Date Maturity Date Rate Cost Stearns Bank Saint Cloud 857894VV8 CD UBS 12/19/2017 12/30/2019 2.00% $247,000.00 $247,066.69 $247,000.00 $66.69 Suntrust Bank - Atlanta 86789VSQ1 CD RBC 6/28/2016 12/27/2021 1.20% $246,000.00 $246,007.38 $246,000.00 $7.38 Synchrony Bank - UT 87164YKJ2 CD UBS 10/19/2015 10/12/2021 2.35%$247,000.00 $250,193.71 $247,000.00 $3,193.71 TBK Bank SSB - TX 87219RBN3 CD Wells Fargo 9/20/2017 9/29/2021 2.10% $245,000.00 $245,124.95 $245,000.00 $124.95 Tennessee State Bank 88054RBX7 CD RBC 3/7/2018 9/8/2020 2.45% $249,000.00 $250,503.96 $249,000.00 $1,503.96 Townebank Portsmouth 89214PBM0 CD UBS 4/19/2018 10/30/2020 2.65% $246,000.00 $248,231.22 $246,000.00 $2,231.22 Toyota Savings Bank 89235MHH7 CD Wells Fargo 6/7/2016 6/15/2023 2.00% $245,000.00 $245,019.60 $245,000.00 $19.60 Virginia College 92778VEV6 GB UBS 10/3/2017 2/1/2026 2.80% $330,000.00 $342,681.90 $330,000.00 $12,681.90 Wells Fargo Bank NA - CA 94986TXQ5 CD UBS 3/1/2016 3/18/2022 1.30% $245,000.00 $245,362.60 $245,000.00 $362.60 $13,717,408.36 $13,774,861.85 $13,717,408.36 $57,453.49 Highlighted = New Investment General Fund Financial Report 3rd Quarter 2019 Investment Listing Page 35 of 35 AGENDA ITEM Prepared By: MLU Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this council action is to gain council approval to purchase audio visual technology for the Council Chambers Upgrade project. 2. Background. The current audio visual equipment in the council chambers was purchased in 2013 and needs to be upgraded. In 2013, analog video was still widely used with digital being more on the cutting edge and significantly more expensive. Due to the high cost of complete digital solutions at the time, the current system is a mix of analog and digital. For video originating from the presentation computer, this means that the video signal is being converted from analog to digital to analog and back to digital before leaving the building. Each conversion degrades the quality of the video. The age of the projector also negatively impacts the quality of the picture displayed within the chambers. This results in a general lack of sharpness to the image and visible changes in brightness and tint during presentations. Staff is also considering other improvements. Adding a third camera that would point towards the public podium to better record presenters. Moving the presentation screen to the wall behind the council with a monitor added to the back of a new public podium for the City Councils use. This would allow both the presenters and council to remain facing each other instead of turning to the side of the chambers. Upgrading the system controls so that presentations can be controlled from alternate dais positions instead of just at the current planning staff position. Upgrading the monitors on the sides of the room to make them more usable. Staff has been working with two different vendors on potential layouts and costs for the upgrades. The companies are Touchpoint Logic, LLC and Security and Sound. Based on the discussions with the vendors, the cost of the upgraded equipment and installation will be in the range of $60,000 to $70,000. The final equipment and cost will be determined based on the Council’s decision on the reconfiguration of the chambers. The representative from Security and Sound has proven to be more responsive to questions and design options than Touchpoint has been. Security and Sound is also the company that installed and maintains the equipment in the police training room and is the current vendor for the installation of the additional security cameras. They have proven to be responsive and professional to work with. On September 23rd, Security and Sound received Council approval to be the vendor for the project. In order to facilitate the audio visual improvements the council chamber requires some reconfiguration to facilitate a large screen. In addition the chambers and other public areas are in need of paint. A security door wil l be installed to separate the public areas from the staff areas and the break room will receive insulation in the exterior walls. Staff also solicited an alternate quote to complete the frame out of a conference room in city hall to facilitate meetings with residents, contractors and other stakeholders. 3. Cost. The City approved Security and Sound as the presentation upgrade vendor on September 23 rd council meeting and have received more accurate quotes from the vendor as follows: Item No.: 6 Date: October 28, 2019 Item Description: Council Chamber s Technology Upgrade Presenter: Dustin Rief, City Administrator Agenda Section: Consent Agenda Vendor Work Cost Status Security and Sound HD Video Upgrade / Control $47,493.00 Pending acceptance Security and Sound Camera System $ 7,186.00 Pending acceptance Security and Sound Podium $ 5,900.00 Pending acceptance Total $60,597.00 4. Funding. Funding for the project would come from the Cable Fund. Use of this fund is consistent with its identified purpose of recording and streaming public meetings. The current cash balance of the fund is $162,621 and is adequate to fund both the building and equipment upgrades. 5. Staff Recommendation. Staff recommends approval of the quotes from Security and Sound to purchase technology upgrades for the Council Chamber upgrade project. 6. Time Line. Plan is to complete the majority of the disruptive construction during the later part of December 2019. COUNCIL ACTION REQUESTED Motion to approve the quotes from Security and Sound to purchase technology upgrades for the Council Chamber Upgrade project. Exhibits A. Quote for HD Video Upgrade / Control B. Quote for Camera System C. Quote for Podium Estimate Date 10/17/2019 Estimate # 11978 Name / Address CITY OF ORONO 2750 KELLY PARKWAY ORONO,MN 55356 4211 Steiner Street, Suite B St. Bonifacius, MN 55375 Rep Project Phone # (952) 955-5075 Fax # (952) 955-5026 E-mail mail@securityandsoundco.com Web Site www.securityandsoundco.com Total Subtotal Sales Tax (0.0%) Description Qty Cost Total VIDEO ENHANCEMENT AND CONTROL - revised 10/17/19 - COUNCIL CHAMBERS (3) EXTRON DTP 4K RX (1) EXTRON HD DISTRIBUTION AMP / DA4 (1) EXTRON HD 1608 xi 8 4K INPUT VIDEO SWITCHER (1) EXTRON DSC HD-3G A SCALER / CONVERTOR (1) EXTRON 3 INPUT HD SWITCHER TX (2) EXTRON DTP HD 2 4K w/loop TX (1) EXTRON 4K 230 RX (1) EXTRON 10" 1025t CONTROL TOUCHSCREEN (1) EXTRON PRO 555 CONTROLLER w/license 1 17,785.00 17,785.00 LG 65" PRO SERIES ULTRA 4K MONITOR 2YR - ips glass - mounted on custom podium / lectern 1 2,225.00 2,225.00 Page 1 Estimate Date 10/17/2019 Estimate # 11978 Name / Address CITY OF ORONO 2750 KELLY PARKWAY ORONO,MN 55356 4211 Steiner Street, Suite B St. Bonifacius, MN 55375 Rep Project Phone # (952) 955-5075 Fax # (952) 955-5026 E-mail mail@securityandsoundco.com Web Site www.securityandsoundco.com Total Subtotal Sales Tax (0.0%) Description Qty Cost Total PANASONIC 6000 LM LASER LCD PROJECTOR - 2YR - 4K signal input - ceiling mounted OPTION: EIKI 55OO LM @ $3,345 1 3,989.00 3,989.00 CHEIF PROJ CEILING MOUNT KIT WITH COLUMN 1 498.00 498.00 CHEIF COLUMN AND TRUSS PLATE / STRUTS 1 259.00 259.00 DAYLIGHT UTB CONTOURAE BLK - HDC1.1 164D FIXED PROJECTION SCREEN 1 2,779.00 2,779.00 CHEIF FLAT MONITOR MOUNT EX 1 345.00 345.00 EXTRON TX / RX PKG. - MIRROR MONITORS 2 679.00 1,358.00 EXTRON 1u RACK SHELF 3 55.00 165.00 MOUNTING AND TERMINATION HARDWARE PKG 1 395.00 395.00 PLENUM CAT5e WIRE / FITTING PKG. - added rear monitors 1 850.00 850.00 Page 2 Estimate Date 10/17/2019 Estimate # 11978 Name / Address CITY OF ORONO 2750 KELLY PARKWAY ORONO,MN 55356 4211 Steiner Street, Suite B St. Bonifacius, MN 55375 Rep Project Phone # (952) 955-5075 Fax # (952) 955-5026 E-mail mail@securityandsoundco.com Web Site www.securityandsoundco.com Total Subtotal Sales Tax (0.0%) Description Qty Cost Total EQUIPMENT SHIPPING - switched to large proj screen 1 695.00 695.00 EXTRON PROGRAMMING 1 2,900.00 2,900.00 COMPLETE SYSTEM PREWIRE, TERMINATION AND INSTALLATION - added more wiring screen / proj install 1 13,250.00 13,250.00 Page 3 $47,493.00 $47,493.00 $0.00 Estimate Date 2/7/2019 Estimate # 11673 Name / Address CITY OF ORONO 2750 KELLY PARKWAY ORONO,MN 55356 4211 Steiner Street, Suite B St. Bonifacius, MN 55375 Rep Project Phone # (952) 955-5075 Fax # (952) 955-5026 E-mail mail@securityandsoundco.com Web Site www.securityandsoundco.com Total Subtotal Sales Tax (0.0%) Description Qty Cost Total ADDITIONAL COUNCIL CHAMBERS CAMERA - installation to existing system VADDIO ROBOSHOT CAMERA SYSTEM 30e - INCLUDES CCU / WHITE 1 6,490.00 6,490.00 POE POWER SUPPLY 1 95.00 95.00 WIRE AND TERMINATION PKG. 1 190.00 190.00 PASS THRU w/ CUT-IN RING 1 16.00 16.00 CAMERA SYSTEM INSTALLATION 1 395.00 395.00 $7,186.00 $7,186.00 $0.00 Estimate Date 2/7/2019 Estimate # 11674 Name / Address CITY OF ORONO 2750 KELLY PARKWAY ORONO,MN 55356 4211 Steiner Street, Suite B St. Bonifacius, MN 55375 Rep Project Phone # (952) 955-5075 Fax # (952) 955-5026 E-mail mail@securityandsoundco.com Web Site www.securityandsoundco.com Total Subtotal Sales Tax (0.0%) Description Qty Cost Total PODIUM FOR THE COUNCIL CHAMBERS DaLite LECTERN / ADA COMPLIANT - 42" ADJUSTABLE / VENEER (close colormatch) 1 5,465.00 5,465.00 SHIPPING / DELIVERY AND SET-UP 1 435.00 435.00 $5,900.00 $5,900.00 $0.00 AGENDA ITEM Prepared By: JG Reviewed By: Approved By: DJR 1.Purpose. The purpose of this action item is to gain Council approval of seasonal and part time employees. 2.Background. The hourly pay is proposed to be $12.00-14.00 for the Golf Course Clubhouse Attendants and Brush Site Attendants; $12-$16 for Parks and Golf Course Maintenance Employees, and $10-$16 for Utilities Maintenance Workers; and a pay range of $15.00-$20.00 for the Clubhouse Manager. The Clubhouse Manager will be a part time employee. All other employees will be seasonal and fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3.Seasonal Employee Appointments and Candidates. Name Position Wage ($/hr) Remarks Ap p r o v e d Fe b r u a r y 25 , 2 0 1 9 Robert Howells G.C. Clubhouse Manager $20.00 Resigned Paul Tolzmann G.C. Clubhouse Attendant $13.00 Returnee Scott Prochnow G.C. Clubhouse Attendant $13.00 Returnee Stuart Mayer Brush Site Attendant $13.00 Resigned Mitchell Hall Parks and Golf Maintenance $15.00 Returnee Ap p r o v e d Ma r c h 1 9 , 2 0 1 9 Danielle Middendorf Clubhouse Attendant $12.00 Returnee Marshall Hambro Clubhouse Attendant $13.00 Returnee Marie Jorland Clubhouse Attendant $12.00 Returnee Diana Otrey Clubhouse Attendant $12.00 Resigned Wendy Middendorf Clubhouse Attendant $12.00 Returnee Rebecca Anderson Seasonal Utilities Maintenance $13.00 Returnee Ap p r o v e d A p r i l 8, 2 0 1 9 Ron Steffenhagen Parks and Golf Maintenance $13.00 Returnee Calvin Schmidt Parks and Golf Maintenance $13.00 Returnee Andrew Charrier Parks and Golf Maintenance $12.00 New hire Sally Thompson Clubhouse Attendant $12.00 New hire Approved March 19, 2019 Paul Haug Clubhouse Attendant $12.00 Resigned Approved May 13, 2019 Megan Schiller Clubhouse Attendant $12.00 Resigned Fermin Aragon Parks and Golf Maintenance $12.00 New hire Grace Mattila Parks and Golf Maintenance $12.00 Resigned Approved May 28, 2019 Chad Stowell Parks and Golf Maintenance $14.00 New hire Approved June 10, 2019 Max Bjorklund Clubhouse Attendant $12.00 New hire Item No.: 7 Date: October 28, 2019 Item Description: Appointment of 2019 Seasonal Employees Presenter: Jason Goehring Parks and Golf Course Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: JG Reviewed By: Approved By: DJR Approved July 17, 2019 Max Taggart Clubhouse / Brush Site Attendant $12.00 New hire Approved August 12, 2019 Samantha Trammel Clubhouse Attendant $12.00 New hire Amber Nasby Clubhouse Attendant $12.00 New hire David Lindstrom Clubhouse Attendant $12.00 New hire Marie Jorland Clubhouse Manager $15.00 Promotion Requesting Approval Mitchell Hall Parks and Golf Maintenance 11-4-2019 Start Date $15.00 Returnee 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3 . COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. AGENDA ITEM Prepared By: SO Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to proceed with replacement of generator #851. 2. Background. Generator #851 is beyond it useful life. This generator will actually replace 4 older unreliable generators. The generator was scheduled for replacement in 2017 however at that time staff could not find a suitable generator meeting the latest emissions requirements at a reasonable price. 3. Project Scope. Replace Generator s 851, 853, 844 and 855 with one reliable portable generator with light tower meeting US EPA Tier 4 Standard. 4. Cost. The City received a quotes, listed below. Company Cost Modern Power Solutions $36,480 Kriha Electric $54,004 5. Funding. This project will be funded through the Sanitary Sewer Fund. The project EOY 2019 Sewer Fund Balance is $1,839,932. Gensets 851, 853, 844 and 855 will be traded in for trade in credit as part of the purchase. 6. Staff Recommendation. I recommend approval of the purchase. COUNCIL ACTION REQUESTED Motion to approve replacement of Gener ators 851, 853, 844 and 855, with a 50KVA portable Generator with light set from Modern Power Solutions for $36,480. Item No.: 8 Date: October 28, 2019 Item Description: #851 Portable Generator Replacement Presenter: Scott Oberaigner Public Works Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to accept a donation of a 2001 Nissan Pathfinder. 2. Background. The Police Department impounded a vehicle on a DWI arrest, driver of the vehicle said he purchased the vehicle over a year ago and had not transferred the title. Driver said he didn’t want the vehicle after it was towed and had been impounded. Title was located inside the vehicle and owner was contacted and said that she did not want the vehicle and had sold it for $1. Owner sent over a email indicating she did not want the vehicle and she would donate to the police department. 3. Project Scope. Accept donation of the 2001 Nissan Pathfinder and send vehicle to auction. 4. Staff Recommendation. I recommend that the donation of the 2001 Nissan Pathfinder be accepted and sent to Auction. COUNCIL ACTION REQUESTED Motion to accept a donation of the 2001 Nissan Pathfinder be accepted and sent to auction.. . Item No.: 9 Date: October 28, 2019 Item Description: Approval to Accept Donation Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda ◊b.OMEff'R O!S'efdSUR5 STAT1:MtNf:llWE) CERTIFY THAT THE ODOMETER &ow ��Ab$ << • . . (NO TENTHS) MILES AND TO THE ..sfarot MVKNoWLfodf rAE oooMErtR MILEAGE Is: � AhUAL �iili�E .... •... ..·.·•···· ·•.·.·.· ..• . . .•.• ·. .. . .. ?[j dbf!��rt:::�:L �M$f!w;t1J!�i�'.W• oitJie·t�&c� .. ':'..r• {::; 2340 PINE CT CAMBRIDGE MN 550082��.!J::8 4r DAMAGE DISCLOSURE STATEMENT. TO THE BEST OF MY KNOWLEDGE, THIS VEHICLE ... •/; .:t\ i/ o HAS o HAS NOT (CHECK ONE) SUSTAINED DAMAGE, EXCLUSIVE OF ANY COSTSIJO RePAiR,.? •REPLACE, OR REINSTALL AIR BAGS AND OTHER COMPONENTS THAT WERE REPLACED Dlitto:' f / DEPLOYMENT OF AIR BAGS, IN EXCESS OF 70% ACTUAL CASH VALUE. :\ ·••·· /· . POLLUTION SYSTEM DISCLOSURE STATEMENT. TO THE BEST OF MY KNOWLEDGE THE POLi::DTION CONTROL SYSTEM ON THIS VEHICLE INCLUDING THE RESTRICTED GASOLINE PIPE . . .. □HAS · (¥ HAS NOT (CHECK ONE) BEEN REMOVED, AL TEREP OR BENpER�D'lNOP�R/\Tl\ll/ .•••.Assignment: I (we) certify that this vehicle is free from all securiiy.iii/er'ii�s, fiatfallt.ii#e,,iindiasi/gfiiifo. t. registration tax and vehicle to: •.•. · · ··· ··· ··· · •. ··· · · · ·· 8 D{i/{At{ �. .. . BU'(ell'VRl�DNMll;lSl �J.;;g:,��W?4:t/J:-���r_.t,-;fl,.�T7<�1L,__!+-1:L� O'?J/(/d�(ft>bl/..::.'2..--'·,,__·. --"-��---ii�v.vix�� .. R'sc"lA\s/99;\;;_R.!''°"?.�s"c_ .. .iii" ... '------'+-""-c"--"�,­X [�d�f�!J: lt�,S�a�:O,;�N�r��1ff!4f/;�ir�ii;,i;J�1�\t;e:jt��e 't::i�?!fnth� ;::::i�d b�c:���-a�ic;�t isf��e�e�ai�d:��� ••iipi,rmittect. .•. 1/tAJderal and st�!e laws, ae�6i\al lnforni.atjorl\:ontaiij�d in ·yovj/application may not be disclosed to anyone without your express consent. You may expressly consent to th� disclosure �f your information by writing to the following address: : . . ' \ .. · , •, '.MINNESOTA DEPARTMENT OF PUBUG°.SAFETY DRIVER AND VEHICLE SERVICES DIVISION .. 445 MINNESOTA STREET, ST. PAUL, MINNESOTA 55101 PHONE 651-297-2126 TTY 651-282-6555 mndrivein fo.org ,, .. ,.: ...--•�-,H,.__1. •-•- :---- • BUYER'S SIGNATy�E(S)c / . ·:·•••· ..... . AGENDA ITEM Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval for the disposal of unclaimed property Background. The Orono Police Department has unclaimed property. On May 17, 2019 officers impounded a 2000 GMC Denali at the scene of a burglary. Once the vehicle was processed a letter was sent on May 21, 2019 for the registered owner for the release of the vehicle. Registered owner failed to respond to the request. Another letter was sent on September 13, 2019. Contact was made with registered owner and he said he would have a relative pick up the vehicle. There were several in person conversations as well with the registered owner and as of October 23, 2019 no arrangements have been made for the release of the vehicle. The police department considers the property as abandoned property and would like to dispose through an auto auction. 2. Project Scope. Disposal of unclaimed property. To include the following 2000 GMC Yukon Denali VIN #1GKEK63R4YR190569 3. Staff Recommendation. I recommend that the disposal of unclaimed property. COUNCIL ACTION REQUESTED Motion to approve the dispose of the unclaimed property throu gh an auto auction. Item No.: 10 Date: October 28, 2019 Item Description: Approval to Dispose of Unclaimed Property Presenter: Correy Farniok Police Chief Agenda Consent Agenda Section: AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR RJO 1. Purpose. To certify delinquent general accounts receivable accounts for collection with the 2020 property taxes. 2. Background. Each year the city certifies to Hennepin County unpaid general accounts receivable in the amount of $50.00 or more to be collected with the following year's taxes. In addition to the outstanding amounts delinquent, an administrative fee of $25.00 is added to all accounts. Interest in the amount of eight percent (8%) will be collected on the certified amounts. At t his time there is one invoice in the amount of $5,250 total to be assessed. By Statute the taxpayer has 30 days in which to pay an adopted assessment with no interest charges prior to it being certified to the County. This invoice to be assessed is for a sewer connection fee. Normally, a connection fee is paid at the time a permit is issued. However, in this case the resident requested that the city’s connection fee be assessed over a period of time. The proposed assessment would be for five (5) years with an interest rate of 3%. In order to allow the connection to proceed prior to the council approving a special assessment , an invoice was generated for the amount of the fee. The Council is being presented with two assessment options for this invoice. The first is to treat the unpaid invoice as a delinquent receivable and assess it to the County for one (1) year with an interest rate of 8%. In this case, the property owner will likely pay the invoice prior to the assessment deadline of November 28th. The other option is to grant the request of a special assessment for the term of five (5) years at an interest rate of 3%. COUNCIL ACTION REQUESTED Motion to approve either the attached resolution for the Collection of Delinquent General Accounts Receivable, or the resolution for the special assessment of a sewer connection fee. Exhibits A. Resolution for the Assessment of Delinquent Service Charges B. Resolution for the Assessment of a Sewer Connection Fee C. Assessment Roll Item No.: 11 Date: October 28, 2019 Item Description: Certification of Delinquent Bills Presenter: Ron Olson Finance Director Agenda Section: Public Hearing CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION FOR THE CERTIFICATION OF DELINQUENT 2019 GENERAL SERVICE CHARGES TO HENNEPIN COUNTY FOR COLLECTION WITH THE 2020 PROPERTY TAXES Whereas, the City Council of the City of Orono, Minnesota has enacted Chapter 75 of the Orono City Code which pertains to the collection of unpaid service charges; and Whereas, the charges identified in the attached list of properties are delinquent in nature; and Whereas, a ten days mailed notice and a published notice of the hearing was given, and the hearing will be held thereon the 28 day of October 2019, at which all persons desiring to be heard are given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent general service charges on the 2019 property tax rolls, payable in 2020, at eight percent (8%) per annum, against the specified properties as set forth in the following Exhibits. ADOPTED by the City Council o f the City of Orono, Minnesota, and this 28th day of October, 2019. ATTEST: _____________________________________ ______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION APPROVING THE SPECIAL ASSESSMENT OF A SEWER CONNECTION CHARGE Whereas, the property at 1930 West Farm Road has connected to the city’s sewer system; and Whereas, the property owner incurred significant expenses in connecting their property to the city sewer main; and Whereas, the property owner has requested that the City collect the connection fee due on this property by a special assessment; and Whereas, a ten days mailed notice and a published notice of the hearing was given, and the hearing was held thereon the 28th day of October 2019, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin Count y Special Assessment Division is hereby authorized to place the amount of $5,250.00, on the 2020 property tax rolls, at three percent (3.0%) per annum over a five (5) year period, against the specified property. ADOPTED by the City Council of the City of Orono, Minnesota, this 28th day of October, 2019. ATTEST: _____________________________________ ______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Certification of Delinquent Service Charges Assessment Roll PID# Amount 0211723310009 $5,250.00 AGENDA ITEM Prepared By: RJO Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this agenda item is to gain council approval to certify delinquent utility bills to Hennepin County for collection with the payable 2020 property taxes. 2. Background. Each year the city certifies to the county, all unpaid annual service charges for the septic program, the recycling program, and all deli nquent sewer and water accounts of $50.00 or more, to be collected with the following year's taxes. In addition to the outstanding amounts delinquent, eight percent (8%) interest is added to all accounts and an administrative fee of $25.00 is added to all accounts. At this time the total to be assessed is $125,840.06. This amount will be decreased by any payments received up to the final payment date of November 20, 2019. A copy of the assessment roll is attached for your review. State statutes require the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. The hearing is an opportunity for property owners to ask questions and provide comments regarding the proposed assessment. 3. Staff Recommendation Staff recommends approval of the resolution to certify delinquent water, sewer recycling, septic and storm water charges to Hennepin County. COUNCIL ACTION REQUESTED Adoption of the attached resolution providing for the certification of delinquent 2019 water and sewer utility service charges, recycling program fees, on-site sewage treatment program, storm water charges to Hennepin County for collection with t he 2020 property taxes. Exhibits A. Resolution B. Assessment Roll Item No.: 12 Date: October 28, 2019 Item Description: Certification of Delinquent Utilities Presenter: Ron Olson Finance Director Agenda Section: Public Hearing Certification of Delinquent Utilities Assessment Roll PID# Amount 0211723310009 $231.43 0211723310016 $482.91 0211723310038 $186.39 0211723310041 $975.80 0211723310041 $975.80 0311723120011 $217.36 0311723210003 $217.36 0311723220014 $217.36 0311723230018 $217.36 0311723310003 $217.36 0311723330005 $975.80 0311723340001 $217.36 0311723340014 $96.14 0311723340015 $217.36 0311723440009 $217.36 0411723110005 $217.36 0411723220011 $208.32 0411723220026 $857.07 0411723310004 $217.36 0411723310011 $217.36 0411723320007 $217.36 0411723320013 $217.36 0411723420021 $217.36 0511723120021 $217.36 0511723140059 $975.80 0511723210023 $975.80 0511723220016 $217.36 0511723230014 $453.15 0511723230040 $975.80 0611723220004 $217.36 0611723220019 $217.36 0611723220020 $217.36 0611723230004 $217.36 0611723230016 $217.36 0611723310003 $217.36 0611723310014 $231.77 0611723320010 $144.73 0611723410104 $678.72 0711723110014 $1,002.82 0711723110021 $231.43 0711723130095 $975.80 0711723140015 $453.15 0711723140018 $183.80 0711723140062 $975.80 0711723220004 $217.36 0711723220016 $217.36 0711723230031 $282.40 0711723310003 $246.72 0711723310008 $678.72 0711723310009 $231.43 0711723310017 $913.60 0711723310035 $320.22 0711723320021 $150.72 0711723320056 $975.80 0711723320061 $453.15 0711723330005 $975.80 0711723410006 $975.80 0711723410012 $961.88 0711723410086 $231.43 0711723410088 $231.43 0711723440011 $975.80 0711723440062 $695.99 0711723440067 $127.09 0711723440072 $975.80 0811723230003 $975.80 0811723230006 $231.43 0811723230009 $194.47 0811723230020 $975.80 0811723230026 $108.09 0811723320024 $975.80 0811723330015 $268.73 0811723330075 $975.80 0811723340059 $142.29 0811723410011 $178.33 0811723430003 $975.80 0911723330016 $975.80 0911723410004 $975.80 0911723440013 $757.90 1011723210004 $217.36 1011723230002 $217.36 1011723240018 $608.56 1011723310004 $231.43 1011723310018 $231.43 1011723310034 $975.80 1011723310036 $318.84 1011723310037 $975.80 1011723310048 $557.71 1011723310049 $419.40 1011723310050 $975.80 Certification of Delinquent Utilities Assessment Roll 1011723310051 $111.90 1011723310051 $206.48 1011723320011 $217.36 1011723320012 $217.36 1011723340008 $975.80 1011723420002 $231.43 1111723230011 $217.36 1511723210005 $217.36 1611723330028 $181.80 1711723220003 $920.80 1711723230022 $1,241.66 1711723310024 $343.74 1711723310048 $1,816.04 1711723310050 $756.22 1711723340030 $1,636.08 1711723340039 $931.29 1711723340049 $1,545.92 1711723340050 $321.10 1711723340055 $928.29 1711723340057 $1,110.93 1711723340058 $1,607.65 1711723340076 $928.27 1711723340088 $4,025.42 1711723410019 $216.14 1711723410025 $1,936.92 1711723410028 $1,229.66 1711723430002 $180.38 1711723430017 $1,719.76 1711723430019 $1,608.94 1711723430020 $526.16 1711723430034 $1,665.36 1711723430057 $1,668.52 1711723430058 $1,427.53 1711723430069 $1,568.02 1711723430077 $1,563.76 1711723430087 $1,343.36 1711723430090 $223.82 1711723430095 $1,225.45 1711723430098 $481.46 1711723430103 $157.76 1711723430128 $456.87 1711723430134 $1,538.77 1711723430137 $1,234.65 1711723440041 $1,329.69 1711723440058 $710.07 1711723440068 $1,255.67 1711723440102 $921.97 1811723140015 $228.49 2011723110041 $507.24 2011723120019 $157.22 2011723120021 $1,436.10 2011723120034 $142.94 2011723120038 $177.70 2011723140021 $216.14 2011723210021 $1,248.92 2011723220002 $1,427.77 2011723220014 $1,177.98 2011723230005 $246.77 2011723240021 $196.71 2011723240045 $1,405.52 2011723240046 $1,618.01 2011723310038 $1,409.48 2011723310067 $255.47 2011723320012 $198.88 2011723320016 $1,646.61 2011723340003 $954.06 2011723430043 $1,260.05 2011723430045 $1,759.81 2111723230021 $1,570.38 2111723230029 $730.29 2111723230030 $885.93 2111723240065 $1,190.54 2211723130002 $177.36 2211723310001 $177.36 2211723310030 $177.36 2211723420001 $182.74 2311723230020 $177.36 2311723230031 $177.36 2311723230033 $177.31 2311723320002 $132.31 2611823310004 $217.36 2611823320005 $217.36 2611823330005 $975.80 2611823330021 $215.40 2611823330023 $370.75 2611823330026 $678.72 2711823310017 $217.36 2711823420015 $328.32 2711823420022 $217.36 2811823320018 $217.36 Certification of Delinquent Utilities Assessment Roll 2811823330008 $282.74 2811823420007 $217.36 2811823440007 $216.14 2911823410005 $148.50 2911823430011 $217.36 2911823440001 $217.36 2911823440002 $217.36 3111823120011 $217.36 3111823120018 $217.36 3111823130004 $217.36 3111823210003 $217.36 3111823220003 $217.36 3111823220006 $186.87 3111823330005 $217.36 3111823330007 $217.36 3111823410005 $217.36 3111823430018 $217.36 3211823210005 $217.36 3211823230003 $217.36 3211823310001 $217.36 3211823420006 $217.36 3211823440009 $217.36 3311823230002 $217.36 3311823310011 $217.36 3311823320004 $217.36 3311823330007 $209.08 3311823340006 $217.36 3311823340008 $217.36 3311823410004 $217.36 3311823420008 $217.36 3311823430004 $217.36 3311823430013 $217.36 3311823430018 $216.88 3411823110002 $217.36 3411823210010 $215.11 3411823210021 $1,672.59 3411823210025 $216.14 3411823210027 $271.11 3411823210037 $576.61 3411823220008 $221.36 3511823140008 $217.36 3511823220002 $231.43 3511823430029 $217.36 3611823110004 $217.36 3611823110032 $217.36 3611823120016 $217.36 3611823210003 $217.36 3611823410007 $187.34 3611823410025 $963.59 3611823410038 $360.72 3611823410039 $395.78 3611823410051 $97.67 3611823440009 $305.27 $131,640.06 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION FOR THE CERTIFICATION OF DELINQUENT 2019 WATER AND SEWER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES, ON-SITE SEWAGE TREATMENT (SEPTIC) PROGRAM, STORM WATER CHARGES TO HENNEPIN COUNTY FOR COLLECTION WITH THE 2020 PROPERTY TAXES Whereas, the City Council of the City of Orono, Minnesota has enacted Chapter 14 of the Orono City Code which pertains to the payment and collection of water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) program; and Whereas, the charges identified in the attached list of properties are delinquent in nature; and Whereas, a ten days mailed notice and a published notice of the hearing was given, and the hearing will be held thereon the 28 day o f October 2019, at which all persons desiring to be heard are given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) program, on the 2019 property tax rolls, payable in 2020, at eight percent (8%) per annum, against the specified properties as set forth in the following Exhibits. ADOPTED by the City Council o f the City of Orono, Minnesota, and this 28th day of October, 2019. ATTEST: _____________________________________ ______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to update council on progress to date on the 2020 Streets maintenance project and refine the list of roads to include. 2. Background. At the April 22nd, 2019 Council Work Session the C ouncil provided guidance on a way forward for road maintenance funding for road maintenance projects and funding. On May 28th, 2019 Council authorized staff to begin engineering and design on selected roads. Design is underway and more detailed cost estimated have been prepared. Based on the revised estimates and changes in funding availability since the original list was put together the pavement funding is insufficient to complete all of the streets identified for 2020. 3. Scope. The project consists of the reclamation and/or mill and overlay of the bituminous pavement, select subgrade corrections, and the replacement / improvement of the associated stormwater systems. 4. 2020 Recommended Roads. The table below list the streets identified for potential projects in 2020 with updated cost estimates. Those items highlighted are staff recommendations for completion in 2020. Other streets would be deferred to later years. 5. Funding. Currently there is adequate funding for the proposed streets in the Stormwater and Utility funds however there is not adequate funding projected in the Pavement Management Fund. Currently $$ 1,082,450 is projected to be available in 2020. This includes: Pavement Levy of $617,450, Telecom Leases of $125,000 and $ 340,000 of fund transfer. 6. Staff Recommendation. Staff recommends continued design and coordination for the streets highlighted in paragraph 4 for completion in 2020. COUNCIL ACTION REQUESTED: Move to direct the City Engineer to move forward with design and coordination of the for the 2020 street maintenance project for the streets highlighted in paragraph 4. Item No.: 13 Date: October 28, 2019 Item Description: 2020 Street Project Update And Selection Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Public Works and Engineering Street Pavement Activity Estimated Cost Pavement Stormwater Water Sanitary Total Smith and Lyman Avenue Reclaim $221,513 $9,261 $12,031 $242,804 Livingston Avenue - Blaine to Shadywood M&O $118,587 $16,981 $24,750 $10,313 $170,631 Windjammer Lane M&O $60,809 $275 $5,156 $66,241 Casco Circle Reclaim $431,668 $52,291 $49,500 $8,594 $542,053 Rest Point Lane M&O $45,966 $1,238 $16,500 $3,438 $67,141 Navarre Avenue M&O $176,034 $2,131 $16,500 $6,875 $201,541 Dickenson & Russel Street Reclaim $420,386 $38,885 $12,031 $471,302 Togo Road Reclaim $324,349 $45,279 $16,500 $13,406 $399,534 Fox Street – East of Orono Orchard Construct $117,088 $28,160 $145,248 Briar Street M&O $67,409 $11,550 $6,875 $85,834 2020 projects TOTAL $1,983,809 $206,051 $123,750 $78,719 $2,392,328 Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is for Council to approve the Orono Big Island Grant Agreement with MnDNR. 2. Background. In early 2017 the Big Island Committee was established to evaluate and develop plan to improve the Park and meet the goals of the 2011 Big Island Management Plan. The group worked with staff, consultants and coordinated with MCWD to develop a master plan to guide improvements at the park. The Council approved the Big Island Master Plan on April 23, 2018. In March 2019 Council approved a resolution to apply for a MN DNR Outdoor Recreation Grant for Big Island. In June of 2019 the DNR identified Orono as of one of the 2019 Grantees. Throughout the summer staff provided the required documentation to the state for the grant. The State has prepared the grant agreement for signature. In July of 2019 Council approved design and engineering which is underway. 3. Project Scope. This grant application is to pay for a portion of the following items from the master plan: ADA accessible pathway, overlook / pavilion area improvement, interpretive signage and ADA restroom facilities. 4. Cost. The estimated cost to for all of the improvements listed in the grant is $400,000. Detailed cost estimates are at Exhibit A. 5. Funding. Up to 50% ($200,000) of the improvement costs could be funded by the grant. The remaining 50% ($200,000) would paid from t he Parks Enterprise Fund or from other donor sources. As a condition of the grant the city must provide the funding for at least 20% ($80,000) of the proposed costs. Ongoing maintenance for any improvements made will be added to the Parks Operating Budget. Once signed cost incurred for the project can be applied to the grant and grant match. 6. Way Forward. When What October 2019 Grant Agreement Signed October 2019 - January 2020 Design / Coordination with Stakeholders October - December 2019 Big Island Legacy (501C3) Fundraising March 2020 Solicit Bids / Award June-October 2020 Construction 7. Staff Recommendation. I recommend that the Council approve grant agreement. (Exhibit A). COUNCIL ACTION REQUESTED Motion to approve Grant Agreement with MN DNR Outdoor Recreation Grant for Big Island Park. Exhibits A. Grant Agreement References A. Big Island Management Plan, 2011 (Available on Big Island Website) B. Big island Master Plan, 2018. (Available on Big Island Website) Item No.: 14 Date: October 28, 2019 Item Description: Outdoor Recreation Grant Agreement Approval for Big Island Park Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Public Works and Engineering Grant for Legislatively-named Municipality FY19: Updated November 2018 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources ("STATE") and City of Orono, 2750 Kelley Parkway, Orono, MN 55356 ("GRANTEE"). Recitals 1. Under Minn. Stat. 84.026, the commissioner of natural resources is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed natural resources services by the department. 2. Pursuant to Minn. Stat. 84.0264, the state is empowered to receive and administer grants under the Land and Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota. Fifty percent of the funds granted under subdivision 1 shall be distributed for projects to be acquired, developed, and maintained by local units of government, providing that any project approved is consistent with a statewide or a county or regional recreational plan and compatible with the statewide recreational plan. All money received by the commissioner for local units of government is appropriated annually to carry out the purposes for which the funds are received. 3. Under Minn. Laws 2019, 1st Special Session, Chapter 4, Article 2, Section 2, Subd. 9b, the State has allocated funds for grants for local parks, trail connections, and natural and scenic areas under Minn. Stat. 85.019. 4. The Grantee has made application to the State for a portion of the allocation for the purpose of conducting the project entitled Big Island. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date September 23, 2019, Notwithstanding Minnesota Statues, section 16A.41, the Commissioner may make payments for otherwise eligible grant-program expenditures that are made on or after the effective date of the appropriation. No payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date December 31, 2021, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property Rights; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue, 15. Data Disclosure, 20. Resource Management and Protection and 24. Land Retention and Deed Restriction. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn. Stat.16B.97 Subd. 4 (a) (1) and comply with Attachment A, Project Budget, which is incorporated and made a part of this contract. Grant for Legislatively-named Municipality FY19: Updated November 2018 The Grantee agrees to complete the project in accordance with the approved budget to the extent practicable and within the project period specified in the grant contract. Any material change in the scope of the project, budget or completion date shall require prior written approval by the State. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation The Grantee will be paid for all services performed pursuant to this grant contract not to exceed $200,000.00. (b) Matching Requirement Grantee certifies that the following matching requirement for the Grant will be met by Grantee. The total project cost is $400,000.00. The Grantee agrees to provide a nonstate match of a least $200,000.00. (c) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $200,000.00. Funds made available pursuant to this contract shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. Notwithstanding all other provisions of this contract, it is understood that any reduction or termination of funds allocated to the State may result in a like reduction to the Grantee. 4.2 Payment (a) The State shall disburse funds to the Grantee pursuant to this contract on a reimbursement basis, based upon a payment request and required expenditure documentation submitted by the Grantee and reviewed and approved by the State. The Grantee shall be limited to no more than four payment requests during the period covered by this contract. (b) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through the National Park Service of the United States Department of Interior, Land and Water Conservation Fund, Act of 1965 as amended thereto. If at any time such funds become unavailable, this Grant Contract shall be terminated immediately upon written notice of such fact by the State to the Grantee. In the event of such termination, Grantee shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee’s failure to comply with federal requirements. 4.3 Contracting and Bidding Requirements Per Minn. Stat. 471.345, grantees that are municipalities as defined in Subd. 1 must follow the Uniform Municipal Contracting law. For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. 177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. Grant for Legislatively-named Municipality FY19: Updated November 2018 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local laws. 6 Authorized Representative The State's Authorized Representative is Mai Neng Moua, Grant Specialist Coordinator, Parks and Trails, Minnesota Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155, (651) 259-5638, mai.n.moua@state.mn.us, or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Adam Edwards, Director, Public Safety/City Engineer, 2750 Kelley Parkway, Orono, MN 55356, aedwards@ci.orono.mn.us, or his successor. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. Grant for Legislatively-named Municipality FY19: Updated November 2018 10 Government Date Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law 10.2 Intellectual Property Rights (A) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this contract. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. (B) Obligations 1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this contract, the Grantee will immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 2. Representation. The Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as Grant for Legislatively-named Municipality FY19: Updated November 2018 necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party, as a consequence of any act or omission on the part of these employees, are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Signage Any site funded by this grant contract shall display a sign at a prominent location at the entrance to the site and in a form approved by the State that acknowledges funding through this grant. 12.2 Publicity Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriation must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.3 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15 Data Disclosure Under Minn. Stat. 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Grant for Legislatively-named Municipality FY19: Updated November 2018 16 Affirmative Action and Non-Discrimination (a) The grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age in regard to any position for which the employee or applicant for employment is qualified. (Minn. Stat. 363A.02). The grantee agrees to take affirmative steps to employ, advance in employment, upgrade, train, and recruit minority persons, women, and persons with disabilities. (b) The grantee must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The grantee agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (Minnesota Rules, part 5000.3500). (c) The grantee agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 17 Americans with Disabilities Act and Final Guidelines for Outdoor Developed Areas The Grantee shall construct, operate, and maintain all facilities and programs in compliance with all state and federal accessibility laws, regulations, and guidelines including the Final Guidelines for Outdoor Developed Areas. Information on compliance with the Americans with Disabilities Act is available at U.S. Access Board. 18 Reporting The Grantee shall submit a progress report, in a form prescribed by the State, by January 1 of each year during the term of this grant contract. A final report must be submitted with the request for final reimbursement. Forms will be provided by the State. 19 Inspections The State’s authorized representatives shall be allowed, at any time, to conduct periodic site visits and inspections to ensure work progress in accordance with this grant contract, including a final inspection upon project completion. Following closure of the project, the State’s authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 20 Resource Management and Protection The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired and/or developed pursuant to this grant contract. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. The Grantee shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. Grant for Legislatively-named Municipality FY19: Updated November 2018 21 Invasive Species Prevention Grantees and subcontractors must follow Minnesota DNR’s Operational Order 113, which requires preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR-administered lands. This applies to all activities performed on all lands under this grant agreement and is not limited to lands under DNR control or public waters. Operational Order 113 is incorporated into this contract by reference. Duties are listed in Op Order 113 under Sections II and III (p. 5-8). The grantee shall prevent invasive species from entering into or spreading within a project site by cleaning equipment and clothing prior to arriving at the project site. If the equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by Grantee furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The Grantee or subcontractor shall dispose of material cleaned from equipment and clothing at a location determined by the Grantee or their representative. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. 22 Conflict of Interest It is the policy of the State to work to deliberately avoid actual, potential and perceived conflict of interests related to grant making at both the individual and organizational levels. A conflict of interest (actual, potential, or perceived) occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results from it. The Grantee, by signing this contract with the State, certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and, throughout the term of the contract, monitor and report any actual, potential, or perceived conflicts of interest to the State’s Authorized Representative. 23 Minnesota Historical Sites Act and Minnesota Field Archaeology Act For projects involving land acquisition and/or construction, the State Historic Preservation Office must review the project to determine if the site is a potential location for historical or archeological findings. If the State Historic Preservation Office determines that a survey is required, the survey would need to be completed prior to any site disturbance for development projects and prior to the final reimbursement of the grant funds for acquisition projects. 24 Land Retention and Deed Restriction 24.1 Land Retention Any lands acquired or developed with assistance from the Outdoor Recreation grant program must be retained solely for public outdoor recreation use. The lands subject to this contract are shown in Attachment B – Boundary Map which is attached and incorporated into this contract. No other use can be made of these lands without prior written approval of the State and the Department of Interior. The State will consider requests to convert these lands to other uses only if all practical alternatives have been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value and reasonably equivalent usefulness are acquired and dedicated to public outdoor recreation use. 24.2 Deed Restriction The Grantee shall have the following condition recorded with the deed to all lands within the park as described in Attachment B – Boundary Map and submit an attested copy of the deed and the condition to the State: Grant for Legislatively-named Municipality FY19: Updated November 2018 In order to comply with the Department of Natural Resources’ Outdoor Recreation Project Contract LW27-01433, the City of Orono does hereby impose the following restrictions on the property described in Attachment B to that contract: 1. The property shall be permanently managed and maintained for public outdoor recreation use. 2. The property has been acquired and/or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval State acting through its Commissioner of natural resources and the Secretary of the Interior. 25 Ineligible Expenses Ineligible expenses are items that may not be funded by the grant or included as part of the local match. Including, but not limited to: 1. Expenses incurred on land not owned by the Grantee except trails on land for which the Grantee owns an interest lasting at least 20 years sufficient to ensure the facility will be maintained and operated for outdoor recreation. 2. Projects within state parks, state recreation areas and state trails. 3. Administration expenses including: • Appraisals • Closing Costs • Boundary Surveys • Archeological Surveys 4. Design and engineering expense in excess of 10% for park projects and 20% for trail projects. 5. Facilities not available for public use. 6. Acquisition of land already in public ownership. 7. Legal fees. 8. Memberships, Overhead, Insurance, Fund raising. 9. Volunteer or donated labor. 10. Bad debt, interest or contingency funds. 11. Lobbyists or political contributions. 12. Condemnation costs. 13. Wages and expenses of grant recipient’s employees. 14. Entertainment or gifts. 15. Advertising expenses. 16. Office rental costs and overhead. 17. Any expenditure that occurs outside the dates of the grant contract. 26 Program Requirements The grantee will comply with the provisions of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), and Attachment C, Federal Land and Water Conservation Fund Program Provisions, attached and incorporated into this contract. 27 Pollinator Best Management Practices Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat. 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: Link to December 2014 version. Grant for Legislatively-named Municipality FY19: Updated November 2018 28 Single Audit All state and local governments, colleges and universities, and non-profit organizations that expend $750,000 or more of Federal awards in a fiscal year must have a single audit according to the new OMB Uniform Guidance: Cost Principles, Audit, and Administrative Awards Requirements for Federal Awards. This is $750,000 total Federal awards received from all sources. If an audit is completed, forward a copy of the report to both the State's Authorized Representative and the State Auditor. 29 Purchasing Recycled and Recyclable Materials The Grantee must use this funding in compliance with Minnesota Statutes, section 16C.0725, regarding purchasing recycled, repairable, and durable materials and Minnesota Statutes, section 16C.073, regarding purchasing and using paper stock and printing. 30 Energy Conservation and Sustainable Building Guidelines The Grantee must ensure that the project complies with the applicable energy conservation and sustainable building guidelines and standards contained in law, including Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections. The recipient may use the energy planning, advocacy, and State Energy Office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative-energy development relating to planning and constructing the capital improvement project. 31 Conservation Corps Minnesota The Grantee must give consideration to contracting with Conservation Corps Minnesota for contract restoration and enhancement services. Attachment A - Project Budget Project Component OronoRecipient:City of Big IslandLW27-01433Grant: Project Scope Redevelop trails, restrooms and picnic facilities, install interpretive signs and trail gates. Grant Amount: Trails - 4800 LF with gates and bollards $200,000 Overlook Area with shade structure viewing platform and seating area Signs, information, wayfinding and interpretive Restrooms - 2 accessible vaults $123,000 $110,000 $7,000 $160,000 Total Cost Cost $400,000 Notes / Conditions: Local Match: Total Cost: $200,000 $400,000 Oct 4, 2019 Rev. Aug 10, 2011 Attachment B - 6(f)(3) B o u n d a r y M a p L W 2 7 - 0 1 4 3 3 5 6 . 5 a c r e s Attachment C – Federal Land and Water Conservation Fund Program Program Provisions LWCF PROVISIONS Part I – Definitions A.The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B.The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C.The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual. D.The term "project" as used herein means a Land and Water Conservation Fund grant, which is subject to the project agreement and/or its subsequent amendments. E.The term "State" as used herein means the State or Territory that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. F.The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. Part II - Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A.The State agrees, as recipient of this assistance, that it will meet the general, special, and LWCF provisions outlined in this award agreement and that it will further impose these provisions, and the terms of the project agreement, upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such Attachment C – Federal Land and Water Conservation Fund Program Program Provisions political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B.The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his/her designee. Prior to the completion of this project, the State and the Director may mutually alter the area described and shown in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the Service of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C.The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion-of-use request as described in Part II.B above. Attachment C – Federal Land and Water Conservation Fund Program Program Provisions D.The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of the project agreement. E.The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements and published post- completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations). F.The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the project agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G.Nondiscrimination 1.By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Article XV.A.2. 2.The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Part III - Project Assurances A. Project Application 1.The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2.The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3.The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. B.Project Execution 1.The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the Description and Notification Form all funds granted hereunder except Attachment C – Federal Land and Water Conservation Fund Program Program Provisions those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 2.The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 3.The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 4.The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 5.In the event the project covered by the project agreement, cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or his designee. 6.The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 7.The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 8.The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 9.The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, and approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10.The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Attachment C – Federal Land and Water Conservation Fund Program Program Provisions Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. C. Project Termination 1.The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the Service. 2.The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement. 3.The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4.The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the grantee prior to termination. 5.Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park Service be returned. D. Project Closeout 1.The State will determine that all applicable administrative actions, including financial, and all required work as described in the project agreement has been completed by the end of the project’s period of performance. 2.Within 90 calendar days after completing the project or after the end of the period of performance, whichever comes first, the State will submit all required documentation as outlined in the Manual and the Federal Financial Report (SF-425) as outlined in Article XII of this Agreement for approval by the Service prior to requesting final reimbursement. Attachment C – Federal Land and Water Conservation Fund Program Program Provisions 3.After review, including any adjustments, and approval from the NPS, the State will request through ASAP the final allowable reimbursable costs. Upon completion of an electronic payment, the State will submit a completed “LWCF Record of Electronic Payment” form to the NPS. 4.The NPS retains the right to disallow costs and recover funds on the basis of later audit or other review within the record retention period. ATTACHMENTS INCORPORATED BY REFERENCE The following documents are attached to and made a part of this Agreement: LWCF Federal Financial Assistance Manual, Volume 69 36 CFR Part 59 GENERAL AND SPECIAL PROVISIONS A.General Provisions 1.OMB Circulars and Other Regulations. The following Federal regulations are incorporated by reference into this Agreement (full text can be found at http://www.ecfr.gov: a)Administrative Requirements: 2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in its entirety; b)Determination of Allowable Costs: 2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E; and c)Audit Requirements: 2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F. d)Code of Federal Regulations/Regulatory Requirements: 2 CFR Part 182 & 1401, “Government–wide Requirements for a Drug–Free Workplace”; 2 CFR 180 & 1400, “Non–Procurement Debarment and Suspension”, previously located at 43 CFR Part 42, “Governmentwide Debarment and Suspension (NonProcurement)”; Attachment C – Federal Land and Water Conservation Fund Program Program Provisions 43 CFR 18, “New Restrictions on Lobbying”; 2 CFR Part 175, “Trafficking Victims Protection Act of 2000”; FAR Clause 52.203–12, Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions; 2 CFR Part 25, System for Award Management (www.SAM.gov) and Data Universal Numbering System (DUNS); and 2 CFR Part 170, “Reporting Subawards and Executive Compensation”. 2.Non–Discrimination. All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); and with all other Federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. 3.Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, Nov. 2, 2002 Violations of this section shall constitute violations of section 1352(a) of title 31. In addition, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply. 4.Anti–Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. 5.Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. 6.Assignment. No part of this Agreement shall be assigned to any other party without prior written approval of the NPS and the Assignee. 7.Member of Congress. Pursuant to 41 U.S.C. § 22, no Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or adopted by or on behalf of the United States, or to any benefit to arise thereupon. 8.Agency. The Recipient is not an agent or representative of the United States, the Department of the Interior, NPS, or the Park, nor will the Recipient represent its self as such to third parties. NPS employees are not agents of the Recipient and will not act on behalf of the Recipient. Attachment C – Federal Land and Water Conservation Fund Program Program Provisions 9.Non–Exclusive Agreement. This Agreement in no way restricts the Recipient or NPS from entering into similar agreements, or participating in similar activities or arrangements, with other public or private agencies, organizations, or individuals. 10.Survival. Any and all provisions which, by themselves or their nature, are reasonably expected to be performed after the expiration or termination of this Agreement shall survive and be enforceable after the expiration or termination of this Agreement. Any and all liabilities, actual or contingent, which have arisen during the term of and in connection with this Agreement shall survive expiration or termination of this Agreement. 11.Partial Invalidity. If any provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to the parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.Captions and Headings. The captions, headings, article numbers and paragraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of the provision of this Agreement nor in any way affecting this Agreement. 13.No Employment Relationship. This Agreement is not intended to and shall not be construed to create an employment relationship between NPS and Recipient or its representatives. No representative of Recipient shall perform any function or make any decision properly reserved by law or policy to the Federal government. 14.No Third–Party Rights. This Agreement creates enforceable obligations between only NPS and Recipient. Except as expressly provided herein, it is not intended nor shall it be construed to create any right of enforcement by or any duties or obligation in favor of persons or entities not a party to this Agreement. 15.Foreign Travel. The Recipient shall comply with the provisions of the Fly America Act (49 U.S.C. 40118). The implanting regulations of the Fly America Act are found at 41 CFR 301–10.131 through 301–10.143. 16.Program Income. If the Recipient earns program income, as defined in 2 CFR §200.80, during the period of performance of this agreement, to the extent available the Recipient must disburse funds available from program income, and interest earned on such funds, before requesting additional cash payments (2 CFR§200.305(5)). As allowed under 2 CFR §200.307 and the LWCF Manual, program income may be added to the Federal award by agreement of the NPS and the Recipient. The program income must be used for the purposes, and under the conditions of, the Federal award. Disposition of program income remaining after the end of the period of performance shall be negotiated as part of the agreement closeout process. B.Special Provisions – 1)Public Information and Endorsements Attachment C – Federal Land and Water Conservation Fund Program Program Provisions a)Recipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a business, product, service, or position which the Recipient represents. No release of information relating to this award may state or imply that the Government approves of the Recipient’s work products, or considers the Recipient’s work product to be superior to other products or services. b)All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer. c)The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government. d)Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval. e)Recipient further agrees to include this provision in a subaward to a subrecipient, except for a subaward to a State government, a local government, or to a Federally recognized Indian tribal government. 2)Publications of Results of Studies. No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publications of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contribution to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion. 3)Rights in Data. The Recipient must grant the United States of America a royalty–free, non– exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the Recipient, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 4)Retention and Access Requirements for Records. All Recipient financial and programmatic records, supporting documents, statistical records, and other grants–related records shall be maintained and available for access in accordance with 2 CFR Part 200.333–200.337. 5)Audit Requirements a)Non–Federal entities that expend $750,000 or more during a year in Federal awards shall have a single or program–specific audit conducted for that year in Attachment C – Federal Land and Water Conservation Fund Program Program Provisions accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501– 7507) and 2 CFR Part 200, Subpart F , which is available at http://www.ecfr.gov/cgi–bin/text– idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&rgn=div6 b)Non–Federal entities that expend less than $750,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass–through entity, and General Accounting Office (GAO). c)Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac/. 6)Procurement Procedures. A full description of procurement standards can be found in 2 CFR §200.317-§200.326. 7)Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving. Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009. This Executive Order introduces a Federal Government–wide prohibition on the use of text messaging while driving on official business or while using Government–supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company–owned or –rented vehicles, government–owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government. 8)Seat Belt Provision. The Recipient is encouraged to adopt and enforce on–the–job seat belt use policies and programs for their employees when operating company–owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. 9)Trafficking in Persons. This term of award is pursuant to paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR §175.15). 10)Recipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights a)This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239). Attachment C – Federal Land and Water Conservation Fund Program Program Provisions b)The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712. c)The Award Recipient shall insert the substance of this clause, including this paragraph (c), in all subawards or subcontracts over the simplified acquisition threshold, 42 CFR § 52.203–17 (as referenced in 42 CFR § 3.908–9). 11)Reporting Subawards and Executive Compensation. Recipients must report all subaward and executive compensation data pursuant to the Federal Funding Accountability and Transparency Act (FFATA) of 2006 and associate amendments (P.L. 109-282, as amended by section 6202(a) of P.L. 110-252 (see 31 U.S.C. 6101 note)). Refer to https://www.fsrs.gov/ for more information. 12)Conflict of Interest (a)Applicability. (1)This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. (2)In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply. (b)Requirements. (1)Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. (2)In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. (3)No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. (c)Notification. (1)Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency Attachment C – Federal Land and Water Conservation Fund Program Program Provisions or pass-through entity in accordance with 2 CFR 200.112, Conflicts of interest. (d)Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. Restrictions on Lobbying. Non- Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352. (e)Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. (f)Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). 13)Minimum Wages Under Executive Order 13658 (January 2015) a)Definitions. As used in this clause— “United States” means the 50 states and the District of Columbia. “Worker”— (1) Means any person engaged in performing work on, or in connection with, an agreement covered by Executive Order 13658, and (i) Whose wages under such agreements are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 C.F.R. § 541, (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the agreement whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(c). Attachment C – Federal Land and Water Conservation Fund Program Program Provisions (3) Also includes any person working on, or in connection with, the agreement and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. b)Executive Order Minimum Wage rate. (1) The non-Federal entity shall pay to workers, while performing in the United States, and performing on, or in connection with, this agreement, a minimum hourly wage rate determined by the Secretary of the Department of Labor on an annual basis (currently $10.20 per hour as of January 1, 2017). (2) The non-Federal entity shall adjust the minimum wage paid, if necessary, annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this agreement. (3)(i) The non-Federal entity may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subaward costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subrecipients may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Non-Federal entities s shall consider any Subrecipient requests for such price adjustment. (iii) The Financial Assistance Awarding Officer will not adjust the agreement price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The non-Federal entity warrants that the prices in this agreement do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. Attachment C – Federal Land and Water Conservation Fund Program Program Provisions (5) The non-Federal entity shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The non- Federal entity may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 C.F.R. § 10.23, Deductions. (6) The non-Federal entity shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (7) Nothing in this clause shall excuse the non-Federal entity from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (8) The non-Federal entity shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (9) The non-Federal entity shall follow the policies and procedures in 29 C.F.R. § 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition— (i) Workers are covered regardless of the contractual relationship alleged to exist between the non-Federal entity or subrecipient and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to— (i) Fair Labor Standards Act (FLSA) – covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the agreement, but who are not directly engaged in performing the specific work called for by the agreement, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such agreements; Attachment C – Federal Land and Water Conservation Fund Program Program Provisions (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. § 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to— (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. § 213(a)(1) and 29 C.F.R. § part 541). d)Notice. The non-Federal entity shall notify all workers performing work on, or in connection with, this agreement of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the non- Federal entity shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Non-Federal entities that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the non-Federal entity, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. e)Payroll Records. (1) The non-Federal entity shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. Attachment C – Federal Land and Water Conservation Fund Program Program Provisions (2) The non-Federal entity shall make records pursuant to paragraph (e) (1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The non-Federal entity shall also make such records available upon request of the Contracting Officer. (3) The non-Federal entity shall make a copy of the agreement available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 C.F.R. § 10.26 and this agreement. Upon direction of the Administrator or upon the Financial Assistance Awarding Officer’s own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the non-Federal entity’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. f)Access. The non-Federal entity shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. g)Withholding. The Financial Assistance Awarding Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the non-Federal entity under this or any other Federal agreement with the same non-Federal entity, sufficient to pay workers the full amount of wages required by this clause. h)Disputes. Department of Labor has set forth in 29 C.F.R. § 10.51, Disputes concerning non-Federal entity compliance, the procedures for resolving disputes concerning a non-Federal entity’s compliance with Department of Labor regulations at 29 C.F.R. § 10. Such disputes shall be resolved in accordance with those. This includes disputes between the non-Federal entity (or any of its Subrecipients) and the contracting agency, the Department of Labor, or the workers or their representatives. i)Antiretaliation. The non-Federal entity shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. j)Subcontractor compliance. The non-Federal entity is responsible for Subrecipient compliance with the requirements of this clause and may be held liable for unpaid wages due Subrecipient workers. k)Subawards. The non-Federal entity shall include the substance of this clause, including this paragraph (k) in all subawards, regardless of dollar value, that are Attachment C – Federal Land and Water Conservation Fund Program Program Provisions subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. 14)Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements: Section 743 of Division E, Title VII of the Consolidated and Further Continuing Resolution Appropriations Act of 2015 (Pub. L. 113-235) prohibits the use of funds appropriated or otherwise made available under that or any other Act for grants or cooperative agreements to an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect. 15)Data Availability: (a)Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions. (b) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (c) Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third party evaluation and reproduction of the following: (i) The scientific data relied upon; (ii) The analysis relied upon; and (iii) The methodology, including models, used to gather and analyze data. AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. This item is to consider an amendment to the Development Agreement regarding the completion of the street. 2. Background/ Summary . The City Council approved the Final Plat and Development Agreement for the subdivision at 1400 Brackets Point Road known as Southways on June 11, 2018. Included within the provisions of the Development Agreement is a requirement that “the final wear course on streets shall be installed between August 15th and September 15 th the first summer after the base layer of asphalt has been in place one freeze that cycle.” This is found in Paragraph 12, Time of Performance. Due to the timing of an ongoing earth moving project approved at 1400 Bracketts Point Road, and weather not conducive to final street work, the developer requests a modification to the development agreement. The proposed change allows the city engineer to approve any extensions to the construction timing. The Applicant’s request is attached as Exhibit A. 3. Staff Recommendation. Staff recommends approval of the amendment as drafted. COUNCIL ACTION REQUESTED Motion to approve the amendment as drafted. Exhibits A. Applicant’s request B. Amendment #2 draft Reference Development Agreement Item No.: 15 Date: October 28, 2019 Item Description: LA18-000038 - James and Mary Jundt, 1400 Brackets Point Road, Development Agreement Amendment #2 Approval Presenter: Jeremy Barnhart, Community Development Director Agenda Section: Planning Department Report From:Charles Alcon To:Jeremy Barnhart Cc:Benson, Brian K; Mark Subject:Development Agreement Time Extension Date:Friday, October 11, 2019 3:10:11 PM J- I reviewed the DA and request the following action be taken: a. Para 12 Time of Performance- All improvements except wear course to be completed by December 31,2019; all are complete except the iron monuments and these will complete shortly; the original wear course dates of August 15- September 15, 2019 were modified to extend to November 1, 2019, weather permitting. The weather is not expected to meet the MNDOT requirement of 50 degrees and improving for the wear course application in the next few weeks and due to extremely wet conditions the builder on Lot 4 has been unable to remove the excess dirt on their build site, only about 1/2 removed to date, thus wear course application will be delayed to next year. The Developer will assume responsibility for snow plowing over the winter months. b. Request amend the DA to allow for wear course application completion until July 31, 2020. Chuck Development Agreement Amendment #2 Southways October 28, 2019 TIME OF PERFORMANCE. The Developer shall should install all Improvements as contemplated by Section 8 and the approved Plans by December 31, 2019, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between May August 15th and September 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the "security" to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. Approved by the City Council _____________ AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: A.Carlson 1. Purpose. This application is regarding an average lakeshore setback variance for a new home. 2. MN§15.99 Application Deadline. The application was received on August 20, 2019 and was considered to be complete. The 60-Day review period has been extended and now expires on December 18th. 3. Background/ Summary. On October 14th the Council reviewed the applicants’ updated plans and the variance request. They received additional comment from the public; and after discussion voted 5 to 0 to direct staff to draft findings for an approval resolution. 4. Public Comment. A letter from the neighbor’s attorney was received on Wednesday; it is attached as Exhibit C. Additional comments from the neighbors were received and included in the previous packets which are incorporated by reference. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Council should consider adopting or amending the attached approval resolution. Exhibits A. Draft Resolution B. Draft Council Minutes C. Comment Letter References Council Memo & Exhibits 10/14/19 PC Memo & Exhibits 09/16/19 2040 Community Management Plan Item No.: 16 Date: October 28, 2019 Item Description: LA19-00067 – Alexander Design Group o/b/o Mark and Kristie Ties, 3129 Casco Circle, Variance – Resolution Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19 -000067 WHEREAS, on August 20, 2019, Mark and Kristie Ties (hereinafter the “Applicants”), applied for a variance from the City Code for the property addressed 3129 Casco Circle and legally described as: Lots Forty-six (46), Forty-seven {47), Sixty-two (62) and Sixty-three (63), and that part of Lots Forty-four (44) and Forty-five (45) lying Westerly of a line drawn parallel with and 75 feet West, measured at right angles, from the East line of said Lot Forty-four (44) and that part of vacated Lakeshore Avenue and land between said Lakeshore Avenue and waters of Lake Minnetonka lying between the Northwesterly line of Lot Forty-seven (47) and said parallel line so drawn, extended, all in Spring Park, including any part or portion of any street or alley adjacent to said premises heretofore vacated or to be vacated. Together with an easement for driveway purposes over that part of Lot Sixty-four (64), Spring Park lying Northwesterly of a line drawn parallel with and 20 feet Southeasterly, measured at right angles, from the Northwesterly line of said Lot Sixty- four (64), and lying Easterly of the Northerly extension of the East line of Lot Forty- four (44) in said Addition, according to the recorded plat thereof. Together with an easement over Lot 61 as described in the instrument recorded in Book 2089 of Deeds, Page 264, Files of the County Recorder, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home lakeward of the average lakeshore setback line; and WHEREAS, on September 16, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on September 16, 2019, the Planning Commission recommended approval of the variance based on a revised plan submitted during the meeting to mitigate impacts to the neighbor; and WHEREAS, on October 14, 2019 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and directed preparation of findings for approval of the variance; and NOW, THEREFORE, BE IT RESOLVED on October 28, 2019, the City Council of Orono, Minnesota hereby approves 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 #LA19-000067. 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 2.12 acres in area and has a defined lot width of 29 feet at the 75- foot setback and 367 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore Setback Variance 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: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variance is in harmony with the purpose of the Ordinance. The lot includes difficulties in its shape, the orientation of the shoreline, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 location of adjacent homes, and the existing home’s proximity to the lake. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variance allows the construction of a single family home and is consistent with the comprehensive plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The average lakeshore setback is intended to help preserve a view of the lake by neighboring properties. The zoning ordinance requires a home to be set back at least 75 feet from the OHW L or the average lakeshore setback, whichever is greater. The City has a history of not allowing homes to be built within the 75 foot setback. The neighbors are set back 148 feet (3131 Casco Circle); and 181 feet from the lake (3127 Casco Circle). Due to the configuration of the Property the neighboring homes create an average lakeshore setback of approximately 202 feet. This exceeds the setbacks of the neighboring homes. Allowing the variance situates the home 156 feet from the OHW L, which is twice the minimum lake setback. The request to permit construction of the home in the proposed location partially within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore, and adjacent properties creates difficulties. The request is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape of the Property and shoreline, the existing home’s location with respect to the lake and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality.” The variance is requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential home is an allowed use in the LR- 1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s unique shape and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the Property consistent with the homes in their neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s unique shape, shoreline orientation, and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting the average lakeshore setback variance is necessary for the preservation of the property right of the Applicants. The variance will allow the applicant to build a home that is consistent with other homes in the neighborhood. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variance in this unique situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The requested variance is necessary, and does not merely serve as a convenience to the Applicants. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home 45 feet lakeward of the average lakeshore setback line; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 09/30/19 by Gronberg and Associates and the building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (October 28, 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 28th day of October, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 30 . 1 8 f t 9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               o 9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               o o 9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               9# ; < # 6 #   / 0           ' # 5 6  . # - '  5 6 4 ' ' 6 (# :               2J Q P G               MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. 27. LA19-000067 – ALEXANDER DESIGN GROUP ON BEHALF OF MARK AND KRISTIE TIES, 3219 CASCO CIRCLE, VARIANCE Mark and Kristie Ties, Property Owners, and Sven Gustafson, Stonewood, were present. Curtis stated the applicant is proposing to construct a new home on the property and is requesting an average lakeshore setback variance. The existing home and guest house will be removed, and the boathouse will remain. Due to the shape and orientation of the property, a variance is being requested. The existing home and accessory buildings on this property are located lakeward of the average lakeshore setback line. Following the Planning Commission meeting, the applicant provided a revised site plan in response to the concerns expressed by the neighbor. The revised plan widened the angle of the neighbor’s view to accommodate an existing sightline over the existing one-story guest house. Following the public hearing and discussion, the Planning Commission voted 5-1 in favor of the proposal with the modification as presented and discussed. The applicant has provided a revised plan showing the 62.3 degree preservation discussed during the Planning Commission meeting. The City Council should discuss the application and then direct Staff to draft a resolution reflecting Council’s decision for adoption at the October 28 meeting. Sven Gustafson, Stonewood, stated it is a large but oddly shaped lot and that they have worked hard with Alexander Group to design a house that improved the lakeside setbacks, improved the side yard setbacks, and maintained good drainage. There is a fairly steep slope from where the courtyard bisects the property and then towards the back of the house. Between the Planning Commission meeting and this evening, the view has been improved from 60 degrees to 62.5, which was the direction of the Planning Commission. The house has also been pulled further back from the lake since the Planning Commission meeting. It was previously 148 feet to the lake and now it is proposed at 156 feet from the lake. Pulling it any further back from the lake created an issue with a large tree off the end of the garage as well as some drainage considerations. Walsh asked if the current plan is what is depicted on the overhead. Curtis indicated it is. The existing buildings shown with that same sightline are depicted by the black line. Gustafson stated the entirety of the second building is gone. Walsh commented he attended the Planning Commission meeting and the goal was to accommodate the neighbor’s desire to view over the boathouse, which has been accomplished. Gustafson stated what is not clear on the plan is the impact of the trees on the neighbor’s view. Through a lot of pruning, the view has been opened up without removing the structure. Walsh asked if anyone from the public would like to comment on this application. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. Stacy Marks, 3127 Casco Circle, stated she has been listening to the City Council and Planning Commission meetings and that they spend a lot of time talking about the average lakeshore setback because it is very important. It helps to maintain the quality of the lake and keep neighbors happy. Marks stated she is here tonight to ask the City Council to honor the setbacks since they serve a purpose and the people of Casco Circle have held pretty true to that in this area. Marks commented she thinks of this 49-foot setback as the elephant in the room and that typically the City will look at setbacks anywhere from 3 to 8 feet. The proposed structure and majority of the house is ahead of both lines. One of the things mentioned and noted in Staff’s report is that the lot will not accommodate the structure. The house can be moved inside that pocket, which is 120 feet, and that more than anything this is a design issue. Most people have their homes more complying with the setback, and as the City Council can see, the home fits in there just fine. The big question is how that can be considered a reason to come for a variance. Marks stated she also thinks it was a little disingenuous when the rest of the structure is not included in the packet. In order to see the whole roof, you have to go to Page 7 of 7. The rest of the proposed roof is even taller and only the left-hand portion of the house was shown. Those side-by-side images do not show a true picture of the house. Curtis stated the applicants were providing the view from the side of the new house to her house. Marks stated if you are comparing the two, you should also show the other side of the house as well because it shows a different picture. Marks requested the City Council to strongly consider the variance before making a decision. Seals asked where the current structure is. Curtis indicated the red lines depict the current structure and the boathouse is down by the lake. Seals stated in her view this Council tries to respect the 75-foot setback but that there is a continency within the code that allows someone to replace a structure in like and kind as long as they rebuild within a year. The applicants are pushing the structure further back, which is a good thing, but that she can understand why she would like to see the house moved. Walsh stated they are farther ahead of the average lakeshore setback right now, but they are pushing the house back from what was originally proposed and from what exists. Seals stated they are improving the situation. Walsh noted the Planning Commission discussed the neighbor’s view of the boathouse and the applicants made an accommodation to their plan to maintain that view even though there is nothing in the code requiring that. Johnson commented the existing house affords the property owners some privilege with the position of their new house and they are taking advantage of that, which they are entitled to do. If this was a vacant lot, they would not get any support for moving it in front of that average lakeshore setback line, but it is not a vacant lot and they have a right to place the house where it is. The applicants have moved it back from what was originally proposed to accommodate the neighbor’s view and they did not have to do that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. Crosby asked how far back it is from the initial home. Gustafson stated he believes it is 143. Curtis stated 143 feet was the proposed home location and it is now 156 feet. Stacy Marks asked if there is now an as-if clause that is going to be applied because she did not read that anywhere in the code. The applicants are not replacing it in like and kind, and the rule should only apply if that was being replaced in like and kind. Walsh stated it is a mitigating factor versus it being a clean slate where someone has to have a practical difficulty to get a variance. Mattick stated the property owners can build exactly what they have without a variance if they rebuild it in like and kind. Since this is not a vacant lot, the Council has to consider other things, and historically Ms. Marks’ view has had some blockage. Marks noted the existing structure is 73 feet from her property and that this large three-story structure will be 17 feet from her house. What is being proposed is a very different structure from what exists, and if someone can get a 49-foot setback, the question is where does it stop. Printup moved, Johnson seconded, Application No. LA19-000067, Alexander Design Group on behalf of Mark and Kristie Ties, 3129 Casco Circle, to direct Staff to draft an approval resolution granting an average lakeshore setback variance. VOTE: Ayes 5, Nays 0. Philip J. Kaplan pkaplan@anthonyostlund.com 90 South 7th Street, 3600 Wells Fargo Center, Minneapolis, MN 55402 P 612.349.6969 F 612.349.6996 www.anthonyostlund.com October 23, 2019 VIA EMAIL Orono City Council 2750 Kelley Parkway Orono, MN 55323 Orono Planning Commission 2750 Kelley Parkway Orono, MN 55323 Soren M. Mattick, Esq. Campbell Knutson 860 Blue Gentian Road Suite 290 Eagan, MN 55121 Emails: dwalsh2@ci.orono.mn.us aprintup@ci.orono.mn.us vseals@ci.orono.mn.us rcrosby@ci.orono.mn.us mjohnson@ci.orono.mn.us jbthiesse@hotmail.com christopherbollis@gmail.com ericksonrobert@comcast.net MattGOronoMNPlanCommissionMbr@gmail.com dennislibby@remax.net mccutcheon.r.mark@gmail.com JonRessler@outlook.com smattick@ck-law.com Re:Objections to Variance Request for 3129 Casco Circle Reference No.: LA19-00067 Our File No.: 4521-2 Dear Orono City Council, Planning Commission, Mayor, and City Attorney: My firm represents Stacy Marks with respect to her objections to the variance that the owners of 3129 Casco Circle (the “Applicants”) are requesting to the average lakeshore setback on their property (Ref. No. LA19-00067). Ms. Marks lives at 3127 Casco Circle, which is the property adjacent to and just north of 3129 Casco Circle. The Applicants are seeking a 49-foot variance to the average lakeshore setback. (See Application Summary by Melanie Curtis, dated September 16, 2019, at p. 1 (noting that the October 23, 2019 Page 2 new home would be “49 feet lakeward of the setback”).) There are no legal grounds for such a large variance. Granting the Applicants’ requested variance would defeat the purpose of the average lakeshore setback ordinance that the City of Orono worked so hard to revise this year. Indeed, the setback ordinance is supposed to preserve lake views, but the Applicants’ proposed new house would block a substantial portion of Ms. Marks’s current lake view. Allowing the Applicants to impair Ms. Marks’s view not only violates the spirit of the average lakeshore setback – it is also unnecessary for the Applicants to fully enjoy their property. Instead of seeking a variance, the Applicants could build a house behind the setback that would have a wide view of the lake – just as the neighboring property owners have done. There is no legitimate reason for the Applicants to get special treatment. Ms. Marks first learned about the variance request after Labor Day and she voiced her objections at the September 23 Planning Commission meeting and the October 14 City Council meeting. But after the October 14 meeting, she felt the need to engage a lawyer to clarify her objections in writing in advance of the City Council’s October 28 vote on the variance resolution. Ms. Marks urges the City Council to closely consider the following issues and reject the Applicants’ variance request. OBJECTIONS TO VARIANCE REQUEST The City Council may grant a variance only if: (1) the variance would be in harmony with the purpose, intent, and spirit of the ordinance; and (2) strict enforcement of the Code would create “practical difficulties” due to circumstances “unique” to the property and not created by the landowner. Minn. Stat. § 462.357, subd. 6(2); Orono Code § 78-121. The Applicants need to meet both requirements in order to get a variance. They do not meet either requirement. I. GRANTING A 49-FOOT VARIANCE FOR 3129 CASCO CIRCLE WOULD BE CONTRARY TO THE PURPOSE OF THE AVERAGE LAKESHORE SETBACK REQUIREMENT As mentioned above, the Council cannot grant a variance for 3129 Casco Circle if it would be contrary to the purpose, intent and spirit of the average lakeshore setback ordinance. Minn. Stat. § 462.357, subd. 6(2). “The average lakeshore setback was established in 1992 and was intended to protect the views of lakeshore property owners.” (7/15/19 Minutes at p. 13 (emphasis added). See also 8/19/19 Video at 1:47:05-1:47:21, 1:58:30-1:59:17 (discussing the importance of preserving lake views); 9/9/19 Video at 16:49-17:10 (same); 9/23/19 Video at 1:13:30-1:13:36 (the Mayor saying the average lakeshore setback and line of sight go “hand in hand”).) Any variance to the setback requirement should preserve or even improve neighbors’ existing lake views. (See 10/14/19 Draft Minutes (Planning Commission Member October 23, 2019 Page 3 Ressler: “When the Planning Commission considers these variances, they want to make sure the situation is improving.”); 9/16/19 Video at 50:20-35.) The requested variance in this case, however, would diminish Ms. Marks’s lake view at 3127 Casco Circle – violating the purpose and spirit of the average lakeshore setback. A. Ms. Marks Currently Has A Wide View of the Lake Ms. Marks currently has a wide view of the lake, even when she is looking to the south towards 3129 Casco Circle. Although there are three existing buildings at 3129 Casco Circle, they are relatively small and have limited impact on Ms. Marks’s lakeshore view. Ms. Marks can see over and around the structures. The following photos were taken from the lake looking up to 3127 and 3129 Casco Circle: October 23, 2019 Page 4 (Exs. 1-2.) The back of Ms. Mark’s house at 3127 is on the left; the back of the main house at 3129 is on the right; and the back of the guest house at 3129 is in the middle. Ms. Marks has two decks on the right corner of her house: one on the main level above the shrubs; and one on the upper level. She also has a larger deck on the main level that is shown towards the left side of the first picture. October 23, 2019 Page 5 The following photo shows Ms. Mark’s south-facing lake view from her main floor deck at the southwest corner of her house: (Ex. 3.) The existing guest house at 3129 Casco Circle does not block Ms. Marks’s lake view because the roof line of the guest house is low in comparison to the height of Ms. Marks’s deck. The porch of the main house at 3129 Casco Circle is also below Ms. Marks’s line of sight to the lake. The existing structures at 3129 Casco Circle only begin to block Ms. Marks’s view at the back façade of the main house. October 23, 2019 Page 6 The following photo shows Ms. Mark’s south-facing lake view from her main floor deck at the west-side (back) of the house: (Ex. 4.) Again, Ms. Marks has a lake view that extends to the right of the back façade of the main house at 3129 Casco Circle. October 23, 2019 Page 7 The following is a panoramic photo of Ms. Marks’s impacted lake view (the southwest to south facing view) when standing on the southwest corner of her upper floor deck: (Ex. 5.) In the upper left of the picture, behind some trees and shrubs, you can see 3131 Casco Circle. In the lower left corner, you can see the top of the shed at 3129 Casco Circle. Just to the right of the shed, you can see the top of the guest house at 3129 Casco Circle. Above the guest house, you can see the main house at 3129 Casco Circle. Everything to the right of the back façade of the main house is open except for trees. October 23, 2019 Page 8 The following photo is a direct look at space between 3131 and 3129 Casco Circle from the upper deck vantage point: (Ex. 6.) The pictures above help put the existing structures at 3129 Casco Circle and their relation to Ms. Marks’s property at 3127 Casco Circle into perspective. The shed and guest house at 3129 Casco Circle are close to the property line, but they have no impact at all on Ms. Mark’s lakeshore views. The main house at 3129 Casco Circle, which is further removed from Ms. Marks’s property line, only partially blocks her view. She still has a view of the lake to the right of the main house at 3129 Casco Circle and between the left side of that house and right side of the neighboring house at 3131 Casco Circle. All of these lake views are protected by the average lakeshore setback. October 23, 2019 Page 9 B. The New Construction Would Block Ms. Marks’s View The City and the Applicants have suggested that Ms. Marks’ lake views will be protected. The City Planner, Melanie Curtis, justified her support of the Applicants’ variance request for 3129 Casco Circle by arguing that Ms. Marks would have the same or even better views of the lake if the variance were granted. Specifically, she wrote that a 49-foot variance to the average lakeshore setback “will not further impact the views of the lake for adjacent properties” and the new home design will actually “improv[e] view” and “reduce the impact to the adjacent property owners’ views of the lake from the existing condition.” (Application Summary by Melanie Curtis, dated September 16, 2019, at pp. 2-4. See also 9/16/19 Video at 39:39-40:00 (Planning Commissioner: “It’s actually in some sense increasing the lake view.”); 10/14/19 Video at 48:40-48:56 (Councilmember: “They are improving the situation.”).) The landowners at 3129 Casco Circle and their builders made similar arguments at the public hearings. (9/16/19 Video at 14:55-15:25 (the Applicants say they are trying to “improve” everyone’s condition, they will not be blocking anyone’s current views, and they will be “softening” the existing location).) In reality, the new house that the Applicants are planning to build at 3129 Casco Circle would block Ms. Marks’s south-facing views of the lake. That is because the new house would be bigger, taller, closer to Ms. Marks’s house, and more lakeward than the only existing structures that matter to Ms. Marks’s current view. Recall from the photos above that the current guest house and shed on 3129 Casco Circle do not impact Ms. Marks’s lake view. The porch and ground floor of the main house are also below Ms. Marks’s view. When comparing the proposed new house to the existing structures, the City Council should focus on the upper level of the existing main house. That is the only structure that blocks Ms. Marks’s current view of the lake. October 23, 2019 Page 10 The following are close-ups of the boundary and topography surveys the Applicants submitted before the October 14 hearing: Proposed House Existing Structures (Red) As the Applicants’ surveys show, the proposed new house has a much larger footprint than the existing main house at 3129 Casco Circle. First, the proposed new house would extend further east, blocking Ms. Marks’s current view of the lake between 3131 and 3129 Casco Circle. Second, the proposed new house would extend several feet more lakeward than the back façade of the existing main house, blocking Ms. Marks’s view of the lake between that façade and the boathouse. Third, the new house would be 56 feet closer to Ms. Marks’ property than the existing main house. (See Application Summary by Melanie Curtis, dated September 16, 2019, at p. 1 (noting that the existing house is about 73’ from the north side property line and the proposed house would be 17’ from the north side property line).) October 23, 2019 Page 11 The height of the proposed new house exacerbates the problems with its new location and expanded footprint. The plans that the Applicants submitted to the City show that the home will be over 30 feet tall in the back and even taller in the middle. Where Ms. Marks now has a view between 3131 and 3129 Casco Circle and to the right of the back façade of the existing main house at 3129 Casco Circle, the new bigger and taller house would block much of those views. The following picture shows in black Ms. Marks’s current views that she will lose if the Applicant’s requested variance is allowed: October 23, 2019 Page 12 The following photos illustrate the same point: Current Views with Existing Structures Approx. Views with Proposed New House October 23, 2019 Page 13 October 23, 2019 Page 14 To be clear, Ms. Marks’s concern is not just her view of the boathouse on the southwest shore of 3129 Casco Circle, as the Applicants have suggested. Ms. Marks’s views to the left (south) of the boathouse are in jeopardy as well. Moreover, Ms. Marks has never said she would accept a “62.3° view” or tied her objections to any specific number. Rather, Ms. Marks objects to any variance that would enable the Applicants to build a new house that would block her current lake views, including views that go beyond “62.3°.” C. The New Construction Would Not Satisfy the “In Kind” Rule Various City officials have referred to the “in kind” ordinance to justify the Applicants’ requested 49-foot variance. But the “in kind” ordinance is entirely irrelevant here. October 23, 2019 Page 15 Orono Code § 78-1 defines “in kind” as follows: “In kind, when used in the context of replacement of a non-conforming building or structure, means the replacement of a building or structure completely within the limits (location, height, width, and depth) of the previous building or structure.” (Emphasis added.) The Applicants’ proposed new house is higher, wider, deeper, and in a different location than the existing structures on 3129 Casco Circle. It is not close to an “in kind” structure.1 The Applicants do not – and cannot – rely on the “in kind” ordinance. In an email dated September 23, 2019, Ms. Curtis wrote to Ms. Marks that “[t]he proposed new improvement is not in-kind, therefore requires a variance.” (Ex. 7.) In other words, the “in kind” ordinance does not apply. That is why the Applicants are seeking a variance. Despite acknowledging that the proposed new house is not “in kind,” the Planning Commission and City Council appear to be treating the new house as if it were “in kind.” (See, e.g., 10/14/19 Video at 47:45-50:26 (multiple Councilmembers discussing “in kind” ordinance; one Councilmember saying the Applicants are “entitled” and “have the right” to build where the existing structures are located, and they “did not have to” move the new house back).) They have repeatedly referred to the existing structures in order to downplay Ms. Marks’s current lake views, ignoring the critical differences in size, shape and location between the existing structures and the proposed new house. It is not appropriate to refer to the “in kind” ordinance, which does not apply, in order to grant the Applicants a 49-foot variance to the average lakeshore setback. If a landowner were allowed to expand the size and shape of a non-conforming structure merely because the non-conforming structure exists, then the “in kind” ordinance would serve no purpose. Because the “in kind” ordinance does not apply, the Applicants may only build their proposed new home if they obtain a variance that is faithful to the purpose, intent and spirit of the average lakeshore setback. The Applicants’ requested variance does not meet that 1 At the Planning Commission meeting on September 16, 2019, one of the Commissioners suggested that, under the “like kind” ordinance, the Applicants could have taken the existing structures and built “straight up.” (9/16/19 Video at 49:50-50:19.) That is not correct. The “like kind” ordinance does not allow a homeowner to build a new structure that is higher than the previous structure. October 23, 2019 Page 16 requirement. Simply put, the Applicants’ new house would block existing views that the average lakeshore setback is intended to protect.2 II. NO PRACTICAL DIFFICULTIES EXIST THAT WOULD JUSTIFY A 49-FOOT VARIANCE AT 3129 CASCO CIRCLE The Applicants also fail to meet the threshold requirement of showing “practical difficulties” that would warrant a 49-foot variance to the average lakeshore setback. For the purposes of evaluating a variance request, “practical difficulties” means the landowner: (1) proposes to use its property in a reasonable manner not allowed by the Code; (2) the landowner’s problem “is due to circumstances unique to the property not created by the landowner”; and (3) the variance would not “alter the essential character of the locality.” Minn. Stat. § 462.357, subd. 6(2). “Economic considerations alone do not constitute practical difficulties.” Id. Here, the Applicants do not meet the definition of “practical difficulties.” Their requested variance is unreasonable for the reasons set forth above, and they cannot satisfy the other statutory elements for the reasons set forth below. A. The Circumstances of 3129 Casco Circle Are Not “Unique” One element of the “practical difficulties” definition is that the landowner’s problem “is due to circumstances unique to the property.” Minn. Stat. § 462.357, subd. 6(2). The circumstances at 3129 Casco Circle are not “unique.” 1. The new construction will not be “behind” the neighboring homes In support of the Applicants’ variance request, Ms. Curtis wrote that “[s]ituating the home behind the average lakeshore setback would essentially put the house behind the two neighboring homes and would impact their view of the lake.” (Application Summary by Melanie Curtis, dated September 16, 2019, at p. 2.) It is unclear what Ms. Curtis means by this statement. Every house that complies with the average lakeshore setback is “behind” (or even with) the neighboring houses. Keeping new lakeshore houses in line or “behind” existing lakeshore houses is exactly what the setback is designed to accomplish. The Applicants cannot get a variance merely because the average lakeshore setback does what it is supposed to do. 2 The owner of 3131 Casco Circle has not objected to the Applicants’ variance request because, unlike the back of Ms. Marks’s house, the back of 3131 Casco Circle faces south and will have a 180° lake view no matter what. October 23, 2019 Page 17 2. The shape and orientation of the lot does not create unique difficulties Ms. Curtis has also written that “[t]he property’s unique shape and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood.” (Application Summary by Melanie Curtis, dated September 16, 2019, at pp. 3-4.) But 3129 Casco Circle is not actually “unique” in any meaningful way. The following is a map of 3129 Casco Circle (outlined in blue) and the surrounding properties, taken from the Hennepin County website: (Ex. 8.) Even if you focus just on the rectangular portion of the 3129 Casco Circle lot, it is bigger and wider than most (if not all) of the surrounding lots. The rectangular portion is about 120 feet wide according to the measuring tool on the Hennepin County website. By comparison, Ms. Marks’s lot at 3127 Casco Circle is only about 100 feet wide. It is also noteworthy that Ms. Marks’s lot is parallel to the rectangular portion of 3129 Casco Circle, meaning they have the same orientation. The only irregularity on the 3129 Casco Circle lot is the portion that fans out to the south. That irregularity, however, does not create any “unique” problems for the Applicants. In fact, it creates a wider lakeshore view and more options for orienting the house. October 23, 2019 Page 18 Using tracing paper, Ms. Marks was able to illustrate that the Applicants could move their proposed house behind the average lakeshore setback and stay within the boundaries of the 3129 Casco Circle lot. The following is a close-up of Ms. Marks’s illustration, with the potential alternative house location in green, the old setback line in solid red, and the new setback line under the amended ordinance in dashed red: The illustration shows that the Applicants could comply with the average lakeshore setback using their proposed home design and still have 180 degree lake views from north-northwest to south-southeast. In fact, in that scenario, the Applicants’ lake view from the most lakeward point of their new house would be virtually identical to Ms. Marks’s lake view. October 23, 2019 Page 19 3. The convex shape of the shoreline is already addressed in the Code The convex shape of the shoreline at 3129 Casco Circle is not a “unique” problem that merits a variance from the average lakeshore setback. To the contrary, the setback ordinance was recently amended in order to eliminate the need for such a variance. When the City Council discussed the proposed amendment, it made clear that it “did not want to make any wholesale changes but wanted to provide an avenue to support improvements that do not increase the impact on neighboring properties in certain lot configurations.” (9/23/19 Minutes at p. 5 (emphasis added).) The City Council specifically considered the impact of the amended ordinance on lots with convex shorelines – including 3129 Casco Circle. (Id.) Based on diagrams presented by City Staff, the setback line for a convex lot would “move[] closer to the lake but [would] not impact the view.” (Id. See also 9/23/19 Agenda, Item 15.) After reviewing the Staff’s findings, the City Council voted to amend the average lakeshore setback ordinance, adding an exception to resolve problems caused (in part) by convex shorelines. The City Council should enforce the ordinance as written. The City spent a lot of time and effort crafting an ordinance that would fairly apply to convex shorelines – the shoreline at 3129 Casco Circle in particular. It would make no logical sense for the City to grant a 49-foot variance to 3129 Casco Circle right after the City amended the setback ordinance with this exact situation in mind. B. The Design Choices at 3129 Casco Circle Are Driving the Variance Request Another problem with the Applicants’ position is that the supposed “unique” circumstances they face at 3129 Casco Circle are in their control. See Minn. Stat. § 462.357, subd. 6(2) (a variance may be granted only if the “unique” circumstances were “not created by the landowner”). According to Ms. Curtis’s summary, “[t]he requested variance is necessary, and does not merely serve as a convenience to the applicant.” (Application Summary by Melanie Curtis, dated September 16, 2019, at p. 4.) But that is not true. The requested variance is purely a matter of convenience. The Applicants’ design choices, not any irregularity of the property, are driving the variance request. The Applicants chose to design the back of the proposed new house so it has a staggered façade and lake facing walls at different depths. The northern corner at the back of the house would have first and second story decks that jut out towards the lake. To the south of the decks, the back façade would recede further and further away from the lake shore. October 23, 2019 Page 20 With that design, one can see why the Applicants want a variance from the lakeshore setback. Without a variance, the walls that are set further back would not have a lake view to the south because of 3131 Casco Circle (although they would have a lake view to the west and southwest). The Applicants could resolve that issue with a design change while remaining in compliance with the Code. Rather than having a staggered back wall, the Applicants could have a flat back wall that is fully flush with the average lakeshore setback. Many homeowners on the lake do the same thing to maximize their lake views. With such a design, the Applicants could build their home to Code and have 180 degree lake views all across the back of the house. The City Council should not grant the Applicants a variance just to accommodate a dream house design they do not need. C. The Requested Variance Would Alter the Essential Character of the Locality Yet another problem with the Applicants’ requested variance is that, if granted, it would alter the essential character of the locality. A 49-foot variance to the average lakeshore setback is unheard of in a situation like this, and granting the Applicants’ request would set a bad precedent for the City. When the City Council voted to amend the average lakeshore setback ordinance, it hoped to reduce the number of variance requests. (9/23/19 Minutes at p. 7.) But allowing such a large variance under these circumstances will more likely increase the number and scope of variance requests that new builders make. The characteristics of 3129 Casco Circle that the Applicants point to are common. As explained above, all houses that comply with the average lakeshore setback are by definition “behind” (or even with) the neighboring houses. A number of lakeshore houses also have convex shorelines. If that is all it takes to get a variance, then the City will face one of two unacceptable consequences: (1) the City Council is forced to grant nearly every request for a variance under 50 feet and watch homes creep closer and closer to the lake; or (2) the City Council arbitrarily grants and denies variances, subjecting all of its variance decisions to legal challenge. Either way, the City will suffer. The point is, there needs to be some feature at 3129 Casco Circle that would distinguish it from other overreaching variance requests. No such feature exists. October 23, 2019 Page 21 D. The City Should Protect Ms. Marks’s Property Rights Finally, Ms. Curtis wrote in her report that a variance is “necessary for the preservation of the property rights of the applicant.” (Application Summary by Melanie Curtis, dated September 16, 2019, at p. 4.) Ms. Curtis does not identify any property right of the Applicants that necessitates a variance – and there is none. The Applicants have a right to build a house that complies with the Code. The Applicants do not have a right to deviate from the Code in order to build a staggered back wall, erect a new non-conforming house where a smaller non-conforming house used to be, or have lake views that are better than their neighbors’. The City has a duty to protect Ms. Marks’s property rights, and the City Council should not sacrifice her rights in order to cede unnecessary benefits to the Applicants. If the Applicants stay behind the average lakeshore setback, then both Ms. Marks and the Applicants will have approximately 180 degree lake views. By contrast, if the City Council grants the Applicants’ variance request, then the Applicants will have greater than 180 degree lake views (including lake views from three sides of the house) while Ms. Marks’s current lake views will be drastically reduced to the south. Reducing Ms. Marks’s view in favor of a new construction is the opposite of what the average lakeshore setback is supposed to accomplish. We hope the City Council carefully considers the information in this letter and denies the Applicants’ request for a 49-foot variance to the average lakeshore setback. Very truly yours, ANTHONY OSTLUND BAER & LOUWAGIE P.A. /s Philip J. Kaplan Philip J. Kaplan Enclosures cc: Stacy Marks (via email) Melanie Curtis (via email – MCurtis@ci.orono.mn.us) Jeremy Barnhart (via email – jbarnhart@ci.orono.mn.us) 256166.DOC M ALKERSON G UNN M ARTIN LLP 1900 U.S. B ANK P LAZA S OUTH T OWER 220 S OUTH S IXTH S TREET M INNEAPOLIS , M INNESOTA 55402 T ELEPHONE 612-344-1111 F ACSIMILE 612-344-1414 Patrick B. Steinhoff Attorney at Law Direct Dial: 612-455-6601 pbs@mgmllp.com October 25, 2019 Mayor Dennis Walsh Members of the Orono City Council City of Orono 2750 Kelley Parkway Orono, MN 55323 RE: Ties Variance Application; 3129 Casco Circle City File No. LA19-00067 Our File No. 3454.001 Dear Mayor Walsh and Members of the City Council: My office represents Mark and Kristi Ties, owners of the property located at 3129 Casco Circle (the “Property”). The Ties applied to the City for a variance from City Code § 78-1279 to allow construction of a new home lakeward of the average lakeshore setback line. On September 16, 2019, the Planning Commission conducted a public hearing and recommended approval of the requested variance. On October 14, 2019, the City Council accepted additional public comment and unanimously voted to direct the City staff to prepare a resolution of approval for the City Council to adopt at a subsequent meeting. The City staff have prepared such a resolution (the “Resolution”) for consideration by the City Council at its regular meeting on October 28, 2019. The attorney for an objecting neighbor, Stacy Marks, has now submitted a letter objecting to the requested variance. On behalf of the Ties, I respectfully ask that the City Council adopt the Resolution prepared by the City staff and that it do so notwithstanding the recent submission by Ms. Marks’ attorney. I. THE CITY HAS ALREADY COMPLETED AND CLOSED ITS PUBLIC HEARING ON THIS MATTER. The City has already completed and conducted public hearings at which Ms. Marks presented extensive comments to the Planning Commission and City Council. The appropriate time for her to submit a letter from her attorney has passed. The City Council has already weighed and considered all of the evidence presented at the public hearings and directed the City staff to prepare a Resolution approving the requested variance. The Ties therefore respectfully ask that the City not accept further comments or evidence relating to the merits of the Ties’ application. Mayor and Members of the City Council City of Orono October 25, 2019 Page 2 256166.DOC II. APPROVAL OF THE TIES’ APPLICATION IS APPROPRIATE AND WELL WITHIN THE BROAD DISCRETION OF THE CITY TO GRANTING ZONING VARIANCES. To the extent that the City Council elects consider again the merits of the Ties’ application, approval of that application is appropriate and well within the broad discretion of the City to grant zoning variances. Minnesota’s municipal zoning enabling statute authorizes a municipality to provide for variances from the requirements of the municipality’s zoning ordinance. Minn. Stat. § 462.357, subd. 6(2) (2019). Pursuant to the authority conferred by this statute, the City’s zoning ordinance provides that the City may grant variances from strict compliance with its zoning ordinance upon a showing of “practical difficulties.” City Code § 78-123(a).1 The Minnesota Supreme Court has held that municipalities like the City have “broad discretionary power” in considering whether to grant or deny variances. Krummenacher v. City of Minnetonka, 783 N.W.2d 721, 727 (Minn. 2010), quoting VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503, 508 (Minn. 1983); see also State ex rel. Neighbors for E. Bank Livability v. City of Minneapolis , 915 N.W.2d 505, 517 (Minn. Ct. App. 2018), review denied (Aug. 7, 2018). Approval of the requested variance is well within the City’s broad discretionary authority here. The principal “practical difficulty” at issue here is the unique configuration of the subject lots and of the homes situated on those lots. The two homes on either side of the Property are set back an extraordinary distance from the Lake such that strict compliance with City Code § 78- 1279 would result in a minimum lakeshore setback on the Property of approximately 202 feet.2 This is nearly 127 feet more than the 75-foot minimum lakeshore setback that would otherwise apply. It would be grossly unfair to the Ties to subject them to such a large minimum lakeshore setback relative to others in the City, especially given the steep topography of the backside of the Property that would make construction of a home there problematic. It would be appropriate for the City Council to recognize these practical difficulties and exercise its broad discretion to allow the Ties to construct a home with a 156-foot minimum lakeshore setback, which, notably, is still more than twice as large as the75-foot minimum lakeshore setback that would otherwise apply. The letter submitted by Ms. Mark’s attorney is largely devoted to the extent to which the Ties’ proposed new home will purportedly interfere with Ms. Mark’s view of the Lake from her 1 The Resolution prepared by the City staff thoroughly summarizes the requirements of City Code § 78 -123(a) and sets forth why the Ties’ application satisfies those requirements. This letter will not analyze the specific requirements of City Code § 78-123(a) except to say that the Ties agree with the application of City Code § 78-123(a) set forth in the Resolution. 2 I note that the Hennepin County District Court recently upheld a decision by the City of Minnetrista to grant an average-lakeshore-setback variance for practical difficulties extremely similar identical to the ones at issue here (i.e., shape and topography of the subject lot; unusually large setbacks of the neighboring homes ; etc.). See Schmeling v. City of Minnetrista, et al, Henn. Co. Dist. Ct. File No. 27-CV-16-5415 (October 4, 2016). Mayor and Members of the City Council City of Orono October 25, 2019 Page 3 256166.DOC home. I note that the record of this matter shows that the Ties have already modified their design plans to address Ms. Mark’s concerns about her views. The record also shows that Planning Commission and City Council have already carefully weighed and considered the impact of the proposed project, as modified, on Ms. Mark’s views and reached a preliminary conclusion that the requested variance is appropriate (subject to the approval of an appropriate Resolution prepared by the City staff). The City Council has already weighed and considered the subject matter of the recently submitted letter by Ms. Mark’s attorney. It has already exercised its judgment and (subject to approval of an appropriate Resolution prepared by the City staff) concluded that the Ties have satisfied the criteria necessary to justify a variance from strict compliance with City Code § 78- 1279. This conclusion is well within the City’s broad discretion to regulate the use of land and to grant zoning variances. For this reason and the others set forth in the Resolution, City Council approval of the Ties’ variance application is appropriate. The City Council should therefore vote to adopt the Resolution approving the Ties’ variance application. III. CONCLUSION. On behalf of the Ties, I respectfully ask that the City Council vote to adopt the Resolution approving the Ties’ variance application prepared by the City staff. The Ties and their representatives will be present at the meeting on October 28, 2019 and will be happy to answer whatever questions you may have concerning this matter. I thank you in advance for your thoughtful consideration of this letter. Very truly yours, MALKERSON GUNN MARTIN LLP /s/ Patrick B. Steinhoff Patrick B. Steinhoff cc: Clients Melanie Curtis, City Planner Soren M. Mattick, City Attorney Bruce D. Malkerson, Esq. AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR 1. Purpose. This application is regarding variances to redevelop a nonconforming lot on Crystal Bay Road. 2. MN§15.99 Application Deadline. The application was considered to be complete on September 3rd. The initial 60-Day review period has been extended and expires on January 1, 2020. 3. Background/ Summary. The Council reviewed the applicants’ request at the October 14th meeting and directed them to make reductions and return with a revised plan for consideration. They continue to request a number of variance approval; below are the revised variance requests. Section 78-78-350 & 78-1279 Setbacks: LR-1C Required Original Proposal Revised Proposal (Current) Street 10’ ± 11.4’ house ± 1’ retaining walls ± 8’ house ± 2’ retaining walls Rear 30’ 6.3’ 6.3’ NE Side 10’ 33.6’ house Walls >2’ w/in setback 34’ house Walls >2’ w/in setback SW Side 10’ 31.08’ house 34.2’ house Lakeshore 75’ ±41’ house ± 30’ retaining walls Driveway >8’ wide in setback ±41’ house ±32’ retaining walls Driveway >8’ wide in setback Average Lakeshore The applicant’s proposed building improvements are shown to meet the average lakeshore setback. There are walls proposed within the average lakeshore setback which are for the most part at or below 42”. The applicant has indicated the walls may be revised. Section 78- 350 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 11,100 s.f. (0.25 acre)* 149’ @ 75’ / 149’ @ OHWL *The total lot area excludes the bituminous, travelled area of Crystal Bay Road; therefore 14,459 (total) – 3,359 (road) = 11,100 square feet. Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 11,100 s.f. (0.25 acre) Allowed: 2,220 s.f. (20%) Original Proposal: 3,454 s.f. (31.1%) Revised Proposal: 2,996 s.f. (26.9%) Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay Total Area in Zone Allowed Hardcover Originally Proposed Hardcover Revised/Current Proposed Hardcover Item No.: 17 Date: October 28, 2019 Item Description: LA19-000069 - Gordon James Construction o/b/o Dale & Jonmari Olsen, 3315 Crystal Bay Road, Variances & IUP Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR District Tier Tier 1 11,100 s.f. 2,775 s.f. (25 %) 5,509 s.f. (49.6%) 3,697 s.f. w/in 75’ (2,353 s.f. structure in the 75’ setback) 4,535 s.f. (40.86%) 3,342 s.f. w/in 75’ (2,208 s.f. structure in the 75’ setback) Additionally, an IUP for export of approximately 1,120 cubic yards of material to be hauled from the property within 75-foot setback and off site is requested. There was discussion relative to the adjusted lot area (subtraction of the road area) versus total lot area calculation. Throughout the City and a long Crystal Bay Road, when a road encroaches onto private property, the City has consistently removed the land area and the paved surface area of the roadway from the hardcover and structural coverage calculations. This is done to treat all properties equitably. Adding the square footage under a road increases the allowed hardcover and structural massing on a property which results in a developed property that is inconsistent and out of character with the neighborhood. Adding the land area represents a significant shift in how these situations are addressed city-wide. 4. Public Comment. Comments from the neighbors were received and are incorporated by reference in the Council Minutes and the Packet Exhibits. 5. Staff Recommendation. Staff continues to recommend denial of the application as proposed. The variance to permit structural coverage in excess of 20% of the adjusted lot area results in a home which is out of character with the neighborhood, and the small lots in general, and inconsistent with the goals of the city council. However, Staff does support redevelopment of the property with variances provided the Structural Coverage (massing) is at a conforming level. COUNCIL ACTION REQUESTED Direct staff to draft a resolution reflecting Council’s decision; or direct the applicant accordingly. Exhibits A. Revised Site Plan B. Revised Hardcover C. Draft Council Minutes References Council Memo & Exhibits 10/14/19 PC Memo & Exhibits 09/16/19 2040 Community Management Plan W D TRAFFIC FLOW TRAFFIC FLOW 1 1 2 2 2 3 3 5 P O B AC AC 1 GAS & ELEC. 66 2 1 2 LAKE MINNETONKA CRYSTAL BAY OHW: 929.40 EXISTING HOUSE EXISTING HOUSE CRYSTAL BAY ROAD PR O P E R T Y L I N E HCRR EASEMENT HCRR EASEMENT 75' OHW SETBACK 10 ' S I D E Y A R D S E T B A C K PR O P E R T Y L I N E PROPERTY LINE AVG. BLDG. SETBACK AVG. BLDG. SETBACK DAKOTA RAIL TRAIL EXISTING ADJACENT GREEN SPACE 10 ' S I D E Y A R D S E T B A C K PROPOSED HOUSE MAIN LEVEL SUB-FLOOR: 945.32 LOWER LEVEL SUBFLOOR: 934.50 PROPOSED GARAGE FFE: 934.25 SCREENED PORCH W.W. LAWN AUTOCOURT ENTRY TERRACE FESCUE PLANTING AREA PL A N T I N G A R E A FESCUE PLANTING AREA FESCUE PLANTING AREA FESCUE 4 938 939 937 944 943 942 940 943942 937 936 935 934 941 938 936 939 934 940 941 934 935 936 935 937 937 938 939 941 942 940 935 934 936 943 944 DN DN DN DN DN DN DN DN 10' 6' - 3 " 34'-2"9'-9" 34' 1 2 2 2 2 2 2 9' SITE PLAN1 L101 SITE PLAN 1"=8' SCALE: 1 inch = 8'16'4'0 8 feet cr e a t i o n d a t e : 10 / 2 2 / 2 0 1 9 fi l e p a t h : /V o l u m e s / T V L _ S t u d i o / P R O J E C T S / O L S E N R E S I D E N C E / 2 . D W G / 1 . D R A W I N G S / 1 . P E R M I T - S E T / L 1 0 1 . d w g la s t s a v e d : br e t w i e s e l e r Oc t o b e r 2 2 , 2 0 1 9 1 0 : 3 2 A M The designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2019Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E date:1/23/2018 3 3 1 5 C R Y S T A L B A Y R O A D , O R O N O , M N 5 5 3 9 1 O L S E N R E S I D E N C E Drawn By: Date: Scale: Drawing: Sheet: 10/22/2019 BW Rev #Description Date 1 SCHEMATIC DESIGN REVIEW 08.06.2019 2 VARIANCE APPLICATION 08.26.2019 3 LANDSCAPE REVS. PER CITY REVIEW 10.18.2019 NOTE: GENERAL NOTES 1.SEE SHEET L001 FOR GENERAL NOTES. 2.REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING INFO. 3.ELECTRICAL CONTRACTOR, MECHANICAL CONTRACTOR, AND IRRIGATION CONTRACTOR TO COORDINATE WITH PAVING, CONCRETE, AND WALL CONTRACTORS ON SLEEVE LOCATIONS UNDER DRIVEWAYS, WALKS, AND WALLS. 4.REFER TO SHEET L010 FOR EXISTING CONDITIONS PLAN FOR BOUNDARY INFORMATION. ALL CONSTRUCTION STAKING MUST BE PERFORMED BY A REGISTERED LAND SURVEYOR 5.DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS ARE TO BE USED FOR ALL LAYOUT WORK. 6.THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY LAYOUT DISCREPANCIES. 7.ALL SITE ELEMENTS SHALL BE STAKED IN THE FIELD AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. 8.AUTOCAD FILE AVAILABLE TO CONTRACTOR UPON REQUEST FOR FIELD LAYOUT. LEGEND: EXISTING TREE TO BE SAVED DECID.CONIF.ORNA. EXISTING SPOT ELEVATION EXISTING CONTOUR PROPOSED NEW TREE PROPOSED NEW SHRUB DECID.CONIF. PROPOSED NEW PERENNIAL PERENNIAL GRASS PROPOSED CONTOUR PROPOSED SPOT ELEVATION000.00 DRAINAGE FLOW PROPOSED BUILDING ENTRY PROPOSED CATCH BASIN CB PROPOSED LIGHT FIXTURE 000.00 PROPOSED DRAIN TILE P.E.PROPOSED POP-UP EMITTER DECID.CONIF.ORNA. KEYNOTES 1.EXISTING SIGNIFICANT TREE(S) TYP. - SAVE AND PROTECT 2.EXISTING NEIGHBORING PROPERTY/SITE FEATURE - SAVE AND PROTECT 3.EXISTING CITY STREET/ALLEY - SAVE AND PROTECT, REPAIR ANY DAMAGED AREAS PER CITY STANDARDS 4.EXISTING OVERHEAD POWER POLE - TO BE RELOCATED 5.EXISTING CLEANOUT - SAVE AND PROTECT 6.EXISTING FENCE - SAVE AND PROTECT 211 1ST STREET NORTH, SUITE 350 MINNEAPOLIS, MN 55401 t 612 345 4275 N SHEET NOTES 1.NEW DOCK LOCATION BY OWNER 2.ROOF OVERHANG, TYPICAL LOT COVERAGE PROPERTY AREA 14,459 s.f. AREA OF ROADWAY 3,359 s.f. ADJUSTED PROPERTY AREA 11,100 s.f. EXISTING IMPERVIOUS SURFACE Existing House and Shed 1,226 s.f. Existing Paving 2,041 s.f. Existing boulder wall and conc. retaining walls as EXCLUDED per city code Sec 78-1684 187 s.f. Existing Deck 399 s.f. EXISTING IMPERVIOUS SURFACE AREA 3,666 s.f. EXISTING IMPERVIOUS SURFACE RATIO 33% EXISTING STRUCTURAL COVERAGE RATIO 11% PROPOSED IMPERVIOUS SURFACE Proposed House 2,891 s.f. Proposed Paving 1,697 s.f. Minus the first 100 square feet of pervious pavers (autocourt)-100 s.f. Total Paving 1597 s.f. Window Well and Planter Walls 47 s.f. Proposed retaining walls as EXCLUDED per city code Sec 78-1684 193 s.f. PROPOSED IMPERVIOUS SURFACE AREA 4,535 s.f. PROPOSED IMPERVIOUS SURFACE RATIO 40.86% PROPOSED STRUCTURAL COVERAGE RATIO 26.05% 3MO D 3MO D 3MO D W D TRAFFIC FLOW TRAFFIC FLOW 1 1 2 2 2 3 3 2:1 5 P O B 945.17 AC AC 1 1. 4 8 % GAS & ELEC. 66 CB 2 1 2 2: 1 2 : 1 934.25 934.25 BOS 938.00 TOW CB CB CB LAKE MINNETONKA CRYSTAL BAY OHW: 929.40 EXISTING HOUSE EXISTING HOUSE CRYSTAL BAY ROAD PR O P E R T Y L I N E HCRR EASEMENT HCRR EASEMENT 75' OHW SETBACK 10 ' S I D E Y A R D S E T B A C K PR O P E R T Y L I N E PROPERTY LINE AVG. BLDG. SETBACK AVG. BLDG. SETBACK DAKOTA RAIL TRAIL EXISTING ADJACENT GREEN SPACE 10 ' S I D E Y A R D S E T B A C K PROPOSED HOUSE MAIN LEVEL SUB-FLOOR: 945.32 LOWER LEVEL SUBFLOOR: 934.50 PROPOSED GARAGE FFE: 934.25 SCREENED PORCH W.W. LAWN AUTOCOURT ENTRY TERRACE FESCUE PLANTING AREA PL A N T I N G A R E A FESCUE PLANTING AREA FESCUE PLANTING AREA CB CB CB CB 933.40± M.E. 933.40± M.E. 934.25 934.83 TOS935.00 BOS 934.50 BOW 941.33 BOW 945.08 TOS TOW: 936.00 BOW: 935.00 934.50 BOW 934.42 BEYOND TOW: 942.00 BOW: 941.50 944.58 BOS 933.75 BOS 941.50 941.25 941.50 941.00 BOW 944.58 BOS 940.00 BOW 939.50 TOW 945.00 TOW 937.00 TOW 942.00 TOW 941.25 941.00± VIF 943.17± VIF 934.42 BEYOND 934.33 TOS 934.25 TOS 933.67 BOS CB 934.42 BEYOND FESCUE 943.42 BOW CB CB 944.17 BOW 940.58 BOW 4 938 939 937 944 943 942 940 943942 937 936 935 934 941 938 936 939 934 940 941 934 935 936 935 937 TOW: 934.00 BOW: 933.50 TOW: 934.00 BOW: 933.50 TOW: 938.50 BOW: 938.00 TOW: 938.50 BOW: 938.00937 938 939 941 942 940 935 934 936 943 944 DN DN DN DN DN DN DN 944.58 BOS DN 1 1 1 2 3 3 31 4 4 3 4 5 6 6 6 6 6 3 3 4 33 GRADING AND DRAINAGE PLAN1 L201 GRADING AND DRAINAGEPLAN 1"=8' N SCALE: 1 inch = 8'16'4'0 8 feet cr e a t i o n d a t e : 10 / 1 8 / 2 0 1 9 fi l e p a t h : /V o l u m e s / T V L _ S t u d i o / P R O J E C T S / O L S E N R E S I D E N C E / 2 . D W G / 1 . D R A W I N G S / 1 . P E R M I T - S E T / L 2 0 1 . d w g la s t s a v e d : br e t w i e s e l e r Oc t o b e r 1 8 , 2 0 1 9 8 : 3 6 A M The designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2019Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E date:1/23/2018 3 3 1 5 C R Y S T A L B A Y R O A D , O R O N O , M N 5 5 3 9 1 O L S E N R E S I D E N C E Drawn By: Date: Scale: Drawing: Sheet: 10/18/2019 BW Rev #Description Date 1 SCHEMATIC DESIGN REVIEW 08.06.2019 2 VARIANCE APPLICATION 08.26.2019 3 LANDSCAPE REVS. PER CITY REVIEW 10.18.2019 NOTE: GENERAL NOTES 1.SEE SHEET L001 FOR GENERAL NOTES. 2.REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING INFO. 3.ELECTRICAL CONTRACTOR, MECHANICAL CONTRACTOR, AND IRRIGATION CONTRACTOR TO COORDINATE WITH PAVING, CONCRETE, AND WALL CONTRACTORS ON SLEEVE LOCATIONS UNDER DRIVEWAYS, WALKS, AND WALLS. 4.REFER TO SHEET L010 FOR EXISTING CONDITIONS PLAN FOR BOUNDARY INFORMATION. ALL CONSTRUCTION STAKING MUST BE PERFORMED BY A REGISTERED LAND SURVEYOR 5.DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS ARE TO BE USED FOR ALL LAYOUT WORK. 6.THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY LAYOUT DISCREPANCIES. 7.ALL SITE ELEMENTS SHALL BE STAKED IN THE FIELD AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. 8.AUTOCAD FILE AVAILABLE TO CONTRACTOR UPON REQUEST FOR FIELD LAYOUT. LEGEND: EXISTING TREE TO BE SAVED DECID.CONIF.ORNA. EXISTING SPOT ELEVATION EXISTING CONTOUR PROPOSED NEW TREE PROPOSED NEW SHRUB DECID.CONIF. PROPOSED NEW PERENNIAL PERENNIAL GRASS PROPOSED CONTOUR PROPOSED SPOT ELEVATION000.00 DRAINAGE FLOW PROPOSED BUILDING ENTRY PROPOSED CATCH BASIN CB PROPOSED LIGHT FIXTURE 000.00 PROPOSED DRAIN TILE P.E.PROPOSED POP-UP EMITTER DECID.CONIF.ORNA. KEYNOTES 1.EXISTING SIGNIFICANT TREE(S) TYP. - SAVE AND PROTECT 2.EXISTING NEIGHBORING PROPERTY/SITE FEATURE - SAVE AND PROTECT 3.EXISTING CITY STREET/ALLEY - SAVE AND PROTECT, REPAIR ANY DAMAGED AREAS PER CITY STANDARDS 4.EXISTING OVERHEAD POWER POLE - TO BE RELOCATED 5.EXISTING CLEANOUT - SAVE AND PROTECT 6.EXISTING FENCE - SAVE AND PROTECT 211 1ST STREET NORTH, SUITE 350 MINNEAPOLIS, MN 55401 t 612 345 4275 SHEET NOTES 1.PROPOSED FRENCH DRAIN BENEATH 2.PROPOSED CISTERN BENEATH 3.PROPOSED CATCH BASIN 4.PROPOSED DRAIN TILE, TYPICAL 5.NEW DOCK LOCATION BY OWNER 6.ROOF OVERHANG, TYPICAL ROOT ZONE ROOT PRUNING LIMITS PRUNING CUT, TYP., PER ARBORIST RECOMMENDATIONS BASE OF TREE GROUND PLANE PLAN VIEW MAXIMUM 25" ON ONE SIDE OR 33% OF TOTAL ROOT SYSTEM NO MORE THAN HALF THE CROWN OF THE TREE AT END OF SLOPE SECURE BLANKET MATERIAL BY INSERTINGSTAPLES ABOUT 20" APART THROUGH THE FABRIC EXTEND MATERIAL ABOUT 40" ON TOP OF THE GROUND AND RANDOMLY INSERT STAPLES THROUGH THE MATERIAL ABOUT 20" APART NOTES: 1.EROSION CONTROL BLANKET TO BE CATEGORY 4-COCONUT 2S FOR SLOPES GREATER THAN 5:1 AND SIDES AND BOTTOM OF ALL DRAINAGE SWALES AND PONDING AREAS AND CATEGORY 2-STRAW 2S FOR ALL SLOPES LESS THAN 5:1 PER MNDOT SPEC. SECTION 3885. 2.INSTALL PER MNDOT SPEC. SECTION 2575 LONGITUDINAL SEAMS: BLANKET MATERIAL MUST OVERLAP AT LEAST 6" AND STAPLES INSERTED THROUGH BOTH FABRICS AT A MAXIMUM SPACING OF 40" APART TRANSVERSE SEAMS: BLANKET MATERIAL MUST OVERLAP AT LEAST 6" AND STAPLES INSERTED THROUGH BOTH FABRICS AT A MAXIMUM SPACING OF 20" APART STAPLES AT 3' O.C. STAPLES MUST BE INSERTED THROUGH OVERLAP MATERIAL S L O P E L E N G T H L E S S T H A N 5 0 ' 1.BEFORE INSTALLATION APPLY TOPSOIL, FERTILIZER AND SEED TO SURFACE. 2.BEGIN AT THE TOP OF THE CHANNEL, INSTALL MATS BY ANCHORING IN A 6" DEEP BY 6" WIDE TRENCH WITH APPROXIMATELY 12" OF MAT EXTENDED BEYOND THE UP-SLOPE PORTION OF THE TRENCH. ANCHOR WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN THE BOTTOM OF THE TRENCH. BACKFILL AND COMPACT THE TRENCH AFTER STAPLING. APPLY SEED TO COMPACTED SOIL AND FOLD REMAINING 12" PORTION OF MAT BACK OVER SEED AND SOIL. SECURE MATS WITH A WITH A ROW OF STAPLES SPACED APPROXIMATELY 12" APART ACROSS THE WIDTH OF THE MATS. 3.ROLL CENTER MATS IN DIRECTION OF WATER FLOW IN BOTTOM OF CHANNEL. 4.PLACE CONSECUTIVE AND ADJACENT MATS END OVER END (SHINGLE STYLE) WITH A MINIMUM 6" OVERLAP. USE A DOUBLE ROW OF STAPLES STAGGERED 4" APART AND 4" ON CENTER TO SECURE OVERLAPPED MATS. 5.FULL LENGTH EDGE OF MATS AT TOP OF SIDE SLOPES MUST BE ANCHORED WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN A 6" DEEP BY 6" WIDE TRENCH. 6.THE TERMINAL END OF MATS MUST BE ANCHORED WITH A ROW OF STAPLES APPROXIMATELY 12" APART IN A 6" DEEP BY 6" WIDE TRENCH. 7.BACKFILL AND SEED AFTER STAPLING. 8.FOLLOW MANUFACTURER'S RECOMMENDATIONS FOR PROPER INSTALLATION. FABRIC ANCHORAGE TRENCH BACKFILL WITH TAMPED NATURAL SOIL WIRE MESH REINFORCEMENT, ATTACH FABRIC TO WIRE MESH WITH HOG RINGS, PER MNDOT SPEC. SECTION 3886 B1. SILT FENCE FABRIC DIRECTION OF RUNOFF FLOW METAL (OR WOOD) POST OR STAKE NATURAL SOIL 1.SILT FENCES SHOULD BE INSTALLED ON THE CONTOUR (AS OPPOSED TO UP AND DOWN A HILL) AND CONSTRUCTED SO THAT FLOW CANNOT BYPASS THE ENDS. 2.ENSURE THAT THE DRAINAGE AREA IS NO GREATER THAN 1/4 ACRE PER 100 FT OF FENCE. 3.MAKE THE FENCE STABLE FOR THE 10-YEAR PEAK STORM RUNOFF. 4.WHERE ALL RUNOFF IS TO BE STORED BEHIND THE SILT FENCE, ENSURE THAT THE MAXIMUM SLOPE LENGTH BEHIND THE FENCE DOES NOT EXCEED THE SPECIFICATIONS SHOWN IN TABLE NOTE: SILT FENCE SHALL FOLLOW MNDOT SPEC. SECTION 3886. DESIGN RECOMMENDATIONS FIGURE 1: TYPICAL INSTALLATION FOR SILT FENCE 6" MIN 6" MI N PLAN VIEW NOTES: 1.ALL TREE PROTECTION FENCING AND EROSION CONTROL FENCING SHALL BE INSTALLED ACCORDING TO THE PLANS PRIOR TO ANY DEMOLITION. AFTER DEMOLITION OR AS NECESSARY, TREE PROTECTION FENCING MAY BE RELOCATED WITH APPROVAL FROM THE LANDSCAPE ARCHITECT. ALL TREE PROTECTION FENCING AND EROSION CONTROL DEVICES SHALL BE MAINTAINED FOR THE DURATION OF THE CONSTRUCTION PERIOD. 2.TREE PROTECTION FENCING SHALL CONSIST OF TEMPORARY METAL WIRE CHAIN LINK MESH FENCING OR APPROVED EQUAL. 3.CONTRACTOR SHALL NOT STORE ANY MATERIALS OR PARK ANY VEHICLES IN TREE PROTECTION ZONES. THE FENCE SHALL PREVENT TRAFFIC MOVEMENT AND THE PLACEMENT OF TEMPORARY FACILITIES, EQUIPMENT, STOCKPILES AND SUPPLIES FROM HARMING VEGETATION WITHIN THE LIMITS OF PROTECTION. 4.THE CONTRACTOR SHALL CLEANLY CUT ALL ROOTS EXPOSED BY GRADING AS DIRECTED BY THE LANDSCAPE ARCHITECT. 5.THE CONTRACTOR SHALL USE DESIGNATED CONSTRUCTION ENTRANCES AND STAGING AREAS. 6' MAX 6' MAX. POST SPACING 3' MINIMUM 6' IDEAL FROM DRIPLINE DRIPLINE 2/ 3 O F LO G DRIPLINE INSTALL SHREDDED HARDWOOD MULCH (MNDOT TYPE 6). EQUIVALENT MATERIAL MAY BE SUBSTITUTED AT THE DISCRETION OF THE ENGINEER. STAKE DRIVEN THROUGH LOG MESH COIR LOG 6"-7" MINIMUM DIAMETER SOIL WEDGE OR 2"X2" STAKE PRE-DRILLED HOLES 0.5"X0.5" OPENING IN NET 1/ 3 O F LO G 10' MIN LENGTH 2" WASHED COURSE AGGREGATE, 12" THICK, OVER GEOFABRIC 50' M I N 20' M I N EDGE O F P U B L I C R O A D O R P A V E M E N T TABLE 1: MAXIMUM SLOPE LENGTH AND SLOPE FOR WHICH SILT FENCE IS APPLICABLE BY CALCULATION BY CALCULATION BY ACCEPTED DESIGN PRACTICES SLOPE (H:V)%SILT FENCE STORAGE EQUALS 2 FT FOR A 100-YEAR EVENT SILT FENCE STORAGE EQUALS 2 FT FOR A 2-YEAR EVENT OR 3 FT FOR A 100-YEAR EVENT MAXIMUM SLOPE LENGTH 100:1 1%400 FT 900 FT 100 FT 50:1 2%200 FT 450 FT 75 FT 25:1 4%100 FT 225 FT 75 FT 20:1 5%80 FT 180 FT 75-50 17:1 6%67 FT 150 FT 50 FT 12.5:1 8%50 FT 112 FT 50 FT 10:1 10%40 FT 90 FT 50-25 FT 5:1 20%20 FT 45 FT 25-15 FT 4:1 25%16 FT 36 FT 15 FT 3:1 33%12 FT 27 FT 15 FT 2:1 50%8 FT 18 FT 15 FT L601 EROSION CONTROL AND TREE PROTECTION DETAILS N/A SCALE:N/A TREE PROTECTION FENCING INSTALLATION5 SCALE:N/A BIOLOG INSTALLATION6 SCALE:N/A SILT FENCE INSTALLATION1 SCALE:N/A EROSION CONTROL BLANKET INSTALLATION2 SCALE:N/A EROSION CONTROL MAT INSTALLATION3 SCALE:N/A GRAVEL CONSTRUCTION ENTRANCE DETAIL4 SCALE:N/A ROOT PRUNING DETAIL7 cr e a t i o n d a t e : 8/ 1 9 / 2 0 1 9 fi l e p a t h : /V o l u m e s / T V L _ S t u d i o / P R O J E C T S / O L S E N R E S I D E N C E / 2 . D W G / 1 . D R A W I N G S / 1 . P E R M I T - S E T / L 6 0 1 - T R E E P R O T E C T I O N A N D E R O S I O N C O N T R O L D E T A I L S H E E T . d w g la s t s a v e d : br e t w i e s e l e r Oc t o b e r 1 8 , 2 0 1 9 8 : 3 6 A M The designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2019Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E date:1/23/2018 3 3 1 5 C R Y S T A L B A Y R O A D , O R O N O , M N 5 5 3 9 1 O L S E N R E S I D E N C E Drawn By: Date: Scale: Drawing: Sheet: 10/18/2019 BW Rev #Description Date 1 SCHEMATIC DESIGN REVIEW 08.06.2019 2 VARIANCE APPLICATION 08.26.2019 3 LANDSCAPE REVS. PER CITY REVIEW 10.18.2019 211 1ST STREET NORTH, SUITE 350 MINNEAPOLIS, MN 55401 t 612 345 4275 TRAFFIC FLOW TRAFFIC FLOW 1 1 2 2 2 3 3 5 P O B 1 66 2 1 2 LAKE MINNETONKA CRYSTAL BAY OHW: 929.40 EXISTING HOUSE EXISTING HOUSE CRYSTAL BAY ROAD PR O P E R T Y L I N E HCRR EASEMENT HCRR EASEMENT 75' OHW SETBACK 10 ' S I D E Y A R D S E T B A C K PR O P E R T Y L I N E PROPERTY LINE AVG. BLDG. SETBACK AVG. BLDG. SETBACK DAKOTA RAIL TRAIL EXISTING ADJACENT GREEN SPACE 10 ' S I D E Y A R D S E T B A C K 4 -1R -1R -1R -1R 1 2 2 2 2 2 -1R 2 2 -1R -1R -2R -6R -7R-6R -3R -4R -5R -8R -7R -4R -4R -6R -6R -6R -7R -4R -8R -4R -7R -7R 22" WILLOW TO REMAIN 20" COTTONWOOD TO REMAIN 12"x20" MAPLE TO BE REMOVED 40' OAK TO REMAIN 32" OAK TO BE REMOVED 6" BIRCH TO BE REMOVED 28" ELM TO BE REMOVED 10" OAK TO BE REMOVED 12" OAK TO BE REMOVED EXISTING CONDITIONS AND REMOVALS PLAN1 L010 EXISTING CONDITIONS ANDREMOVALS PLAN 1"=8' N SCALE: 1 inch = 8'16'4'0 8 feet cr e a t i o n d a t e : 9/ 1 1 / 2 0 1 9 fi l e p a t h : /V o l u m e s / T V L _ S t u d i o / P R O J E C T S / O L S E N R E S I D E N C E / 2 . D W G / 1 . D R A W I N G S / 1 . P E R M I T - S E T / L 0 1 0 . d w g la s t s a v e d : br e t w i e s e l e r Oc t o b e r 1 8 , 2 0 1 9 8 : 3 5 A M The designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2019Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E date:1/23/2018 3 3 1 5 C R Y S T A L B A Y R O A D , O R O N O , M N 5 5 3 9 1 O L S E N R E S I D E N C E Drawn By: Date: Scale: Drawing: Sheet: 10/18/2019 BW Rev #Description Date 1 SCHEMATIC DESIGN REVIEW 08.06.2019 2 VARIANCE APPLICATION 08.26.2019 3 LANDSCAPE REVS. PER CITY REVIEW 10.18.2019 NOTE: GENERAL NOTES 1.SEE SHEET L001 FOR GENERAL NOTES. 2.REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING INFO. 3.ELECTRICAL CONTRACTOR, MECHANICAL CONTRACTOR, AND IRRIGATION CONTRACTOR TO COORDINATE WITH PAVING, CONCRETE, AND WALL CONTRACTORS ON SLEEVE LOCATIONS UNDER DRIVEWAYS, WALKS, AND WALLS. 4.REFER TO SHEET L010 FOR EXISTING CONDITIONS PLAN FOR BOUNDARY INFORMATION. ALL CONSTRUCTION STAKING MUST BE PERFORMED BY A REGISTERED LAND SURVEYOR 5.DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS ARE TO BE USED FOR ALL LAYOUT WORK. 6.THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY LAYOUT DISCREPANCIES. 7.ALL SITE ELEMENTS SHALL BE STAKED IN THE FIELD AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. 8.AUTOCAD FILE AVAILABLE TO CONTRACTOR UPON REQUEST FOR FIELD LAYOUT. KEYNOTES 1.EXISTING SIGNIFICANT TREE(S) TYP. - SAVE AND PROTECT 2.EXISTING NEIGHBORING PROPERTY/SITE FEATURE - SAVE AND PROTECT 3.EXISTING CITY STREET/ALLEY - SAVE AND PROTECT, REPAIR ANY DAMAGED AREAS PER CITY STANDARDS 4.EXISTING OVERHEAD POWER POLE - TO BE RELOCATED 5.EXISTING CLEANOUT - SAVE AND PROTECT 6.EXISTING FENCE - SAVE AND PROTECT LEGEND: EXISTING FEATURE TO BE REMOVED EXISTING TREE TO BE SAVED TREE PROT./ EROSION CTRL. FENCING EXISTING CONTOUR EXISTING SPOT ELEVATION x 000.00 EXISTING TREE TO BE REMOVED 211 1ST STREET NORTH, SUITE 350 MINNEAPOLIS, MN 55401 t 612 345 4275 SHEET NOTES 1.GRAVEL CONSTRUCTION ENTRANCE 2.TREE PROTECTION/EROSION CONTROL FENCING, TYPICAL REMOVALS KEY R1 EXISTING TREE TO BE REMOVED R2 EXISTING HOUSE TO BE DEMOLISHED R3 EXISTING GARAGE TO BE DEMOLISHED R4 EXISTING LANDSCAPE WALL TO BE REMOVED R5 EXISTING BITUMINOUS DRIVE AND AUTO COURT TO BE REMOVED R6 EXISTING PAVING TO BE REMOVED R7 EXISTING LANDSCAPE STAIRS TO BE REMOVED -R 3AD D 3AD D 3AD D 3AD D 3AD D 3AD D GENERAL NOTES: 1.USE OF THE WORD 'CONTRACTOR' IN THE DRAWINGS INDICATES BOTH THE GENERAL CONTRACTOR AND ALL SUBCONTRACTORS ON THE PROJECT. 2.ALL CONTRACTORS AND SUB-CONTRACTORS ARE RESPONSIBLE FOR COORDINATING THEIR WORK WITH THE WORK OF OTHERS. NEITHER THE OWNER NOR THE LANDSCAPE ARCHITECT IS RESPONSIBLE FOR COORDINATION OF THE WORK. NO ADDITIONAL COMPENSATION WILL BE MADE TO ANY CONTRACTOR FOR EXTRA WORK RESULTING FROM FAILURES OF COORDINATION. 3.THE CONTRACTOR MUST ASSURE COMPLIANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND PERMITS GOVERNING THE WORK OR MATERIALS SUPPLIED. 4.THE CONTRACTOR IS RESPONSIBLE FOR APPLYING FOR, OBTAINING, AND PAYING FOR ALL NECESSARY PERMITS UNLESS OTHERWISE INDICATED IN THE CONTRACT DOCUMENTS. 5.THE CONTRACTOR SHALL HAVE A COPY OF ALL DRAWINGS WITH THEM ON SITE AT ALL TIMES AND SHALL RECORD ALL MODIFICATIONS/CHANGES TO THE WORK ON THE DRAWINGS. THE CONTRACTOR SHALL PROVIDE A COMPLETE AS-BUILT SET OF DRAWINGS TO THE LANDSCAPE ARCHITECT AT PROJECT COMPLETION. 6.EXCEPT FOR ITEMS SPECIFICALLY MARKED AS 'BY OTHERS' OR 'NOT IN CONTRACT', IT IS THE INTENT OF THESE DRAWINGS TO DESCRIBE A COMPLETE PROJECT. THE CONTRACTOR MUST THOROUGHLY REVIEW THE DRAWINGS PRIOR TO SUBMITTING A BID AND IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY ERRORS OR OMISSIONS DISCOVERED. NO ADDITIONAL COMPENSATION WILL BE MADE FOR ITEMS OF WORK NOT SHOWN OR DESCRIBED ON THE DRAWINGS THAT COULD BE REASONABLY INFERRED FROM THE DRAWINGS IN PROVIDING THE OWNER WITH COMPLETE SYSTEMS AND A COMPLETE PROJECT. 7.EXISTING CONDITIONS SHOWN ON THE DRAWINGS ARE FROM A SURVEY PERFORMED BY OTHERS. EXISTING TOPOGRAPHIC FEATURES MAY NOT BE EXACT AS TO THEIR LOCATION, CHARACTER, OR NUMBER. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE CONDITIONS OF THE SITE PRIOR TO BIDDING AND CONSTRUCTION AND FOR IMMEDIATELY NOTIFYING THE LANDSCAPE ARCHITECT OF ANY DISCREPENCIES OR VARIATIONS FROM THE DRAWINGS. 8.THE CONTRACTOR MUST MAINTAIN AND PROTECT ALL BENCH MARKS, SURVEY MONUMENTS, PROPERTY IRONS, LAYOUT STAKES AND OTHER REFERENCE POINTS. ALL FINES AND REPLACEMENT COSTS FOR DAMAGE TO ANY OF THESE ITEMS THAT IS DUE TO THE CONTRACTOR'S ACTS OR NEGLIGENCE ARE THE CONTRACTOR'S RESPONSIBILITY AT NO COST TO THE OWNER. 9.THE CONTRACTOR SHOULD EXPECT TO FIND TELEPHONE, ELECTRIC, GAS, CABLE TELEVISION, AND FIBER OPTIC LINES, IRRIGATION SYSTEMS, AND OTHER PUBLIC AND PRIVATE UTILITIES. THE CONTRACTOR, IN COOPERATION WITH THE APPROPRIATE UTILITY COMPANY, IS RESPONSIBLE TO VERIFY THE LOCATION, SIZE, AND DEPTH OF ALL UTILITIES PRIOR TO ANY CONSTRUCTION ACTIVITY. AT LEAST 48 HOURS PRIOR TO ANY CONSTRUCTION ACTIVITY, THE CONTRACTOR MUST CONTACT GOPHER STATE ONE CALL AT 800 252 1166 OR TO NOTIFY THE APPROPRIATE UTILITY COMPANIES AND VERIFY THE EXACT LOCATION, SIZE, AND DEPTH OF ALL UTILITIES WITH THE APPROPRIATE UTILITY COMPANIES. 10.PRIOR TO ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, THE CONTRACTOR MUST OBTAIN ALL NECESSARY PERMITS AND SUBMIT A TRAFFIC CONTROL PLAN COMPLYING WITH THE LATEST EDITION OF THE MNDOT ROADWAY REQUIREMENTS. CODES: 1.ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF THE LOCAL CODES AND ALL OTHER GOVERNING AUTHORITIES HAVING JURISDICTION. 2.APPLICABLE CODES: THIS PROJECT IS TO COMPLY WITH THE CITY OF ORONO, MN MUNICIPAL CODE AND SUB-CODE REQUIREMENTS AND STATE OF MINNESOTA CODE REQUIREMENTS. 3.VERIFY IF THIS PROJECT WILL REQUIRE SPECIAL REVIEW AND APPROVALS FROM THE MINNEHAHA CREEK WATERSHED DISTRICT. REMOVALS NOTES: 1.THIS PROJECT REQUIRES A TREE PERMIT FOR CONSTRUCTION ACTIVITY. THE CONTRACTOR MUST SIGN ALL PERMITS AND PAY THE PERMIT FEE BEFORE STARTING WORK AND MUST COMPLY WITH ALL THE REQUIREMENTS OF ALL GOVERNING AGENCIES IN PERFORMING THE WORK OF THIS PROJECT. 2.ALL TEMPORARY EROSION CONTROL MEASURES MUST BE IN PLACE PRIOR TO ANY REMOVAL WORK AND MUST BE MAINTAINED UNTIL PERMANENT EROSION CONTROL MEASURES HAVE BEEN COMPLETELY IMPLEMENTED AND ESTABLISHED. 3.INSTALL SILT FENCING AROUND THE PERIMETER OF THE LIMITS OF WORK AND MAINTAIN UNTIL PERMANENT EROSION CONTROL IS ESTABLISHED. ALL SILT FENCE MUST HAVE ORANGE GEOTEXTILE FABRIC WITH STEEL POSTS. MACHINE SLICING OF SILT FENCE AROUND OR UNDER TREES WILL NOT BE PERMITTED. SILT FENCE AROUND OR UNDER TREES MUST BE HAND PLACED AND FASTENED TO THE GROUND WITH STAPLES. 4.THE CONTRACTOR IS RESPONSIBLE FOR REVIEWING THE EROSION CONTROL REQUIRMENTS OF THE SITE AND FOR INSTALLING AND MAINTAINING EROSION CONTROL MEASURES WHERE NEEDED, EVEN IF THEY ARE NOT INDICATED ON THE DRAWINGS. 5.INLET PROTECTION (SILT FENCE BARICADES, SILT SACKS, RISER PIPES, OR FILTER FABRIC AND GRAVEL) MUST BE INSTALLED IN ALL EXISTING AFFECTED CATCH BASINS PRIOR TO ANY REMOVAL WORK AND IN ALL NEW CATCH BASINS IMMEDIATELY AFTER CATCH BASIN INSTALLATION. 6.ADJACENT STREETS, ALLEYS, AND PROPERTIES MUST BE SWEPT TO KEEP THEM FREE OF SEDIMENT AND MATERIALS TRACKED, BLOWN, OR WASHED FROM THE SITE. CONTRACTOR MUST MONITOR CONDITIONS AND SWEEP AS NEEDED OR WITHIN 24 HOURS NOTICE BY THE LANDSCAPE ARCHITECT. SWEEPING IS INCIDENTAL TO THE PROJECT. 7.CONTRACTOR MUST MAINTAIN DUST CONTROL FOR THE SITE AT ALL TIMES AND PROVIDE WATERING TRUCKS AS NEEDED OR WITHIN 24 HOURS NOTICE BY THE LANDSCAPE ARCHITECT. DUST CONTROL IS INCIDENTAL TO THE PROJECT. 8.WHERE DISTURBED SOILS WILL LAY EXPOSED FOR MORE THAN 21 DAYS, THE CONTRACTOR MUST SEED WITH A TEMPORARY COVER CROP TO PREVENT EROSION. TEMPORARY SEED MIX MUST BE APPROVED BY THE LANDSCAPE ARCHITECT. TEMPORARY SEEDING IS INCIDENTAL TO THE PROJECT. 9.THE CONTRACTOR IS SOLELY RESPONSIBLE FOR SECURING THE SITE AND PROVIDING PROTECTION FROM THE WORK FOR THE PUBLIC. ALL OPEN EXCAVATIONS AND OTHER HAZARDS MUST BE FENCED. 10.THE RELOCATION AND/OR PROTECTION OF ALL EXISTING UTILITIES MUST BE COORDINATED BY THE CONTRACTOR AND ANY COSTS FOR SUCH WORK IS THE RESPONSIBILITY OF THE CONTRACTOR. NO ADDITIONAL COMPENSATION WILL BE ALLOWED FOR EXTRA TIME AND EFFORT OR PROVISIONS NECESSARY TO WORK AROUND ANY UTILITIES. 11.IT IS THE CONTRACTOR'S RESPONSIBILITY TO REPORT ANY EXISTING DAMAGE OR FAULTY CONDITION OF ANY UTILITIES TO THE UTILITY OWNER AND LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION AS, ONCE WORK HAS COMMENCED, IT WILL BE ASSUMED THAT ALL DAMAGE TO UNDERGROUND OR ABOVE GROUND INSTALLATIONS HAS BEEN CAUSED BY THE CONTRACTOR'S OPERATIONS AND IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO MAKE THE NECESSARY REPAIRS. UPON COMPLETION OF THE PROJECT, CONTACT ALL UTILITY OWNERS AND MAKE ARRANGEMENTS FOR A FIELD INSPECTION TRIP BY A REPRESENTATIVE OF THE CONTRACTOR AND REPRESENTATIVES OF THE UTILITY OWNERS TO CONFIRM THAT ALL DAMAGE CAUSED BY THE CONTRACTOR'S OPERATIONS HAVE BEEN REPAIRED TO THE SATISFACTION OF THE OWNERS. 12.LIMITS OF WORK SHOWN ON THE DRAWINGS ARE APPROXIMATE AND MAY BE ADJUSTED IN THE FIELD BY THE LANDSCAPE ARCHITECT. THE CONTRACTOR MUST REVIEW THE LIMITS OF WORK WITH THE LANDSCAPE ARCHITECT PRIOR TO STARTING WORK. ANY WORK OUTSIDE THE LIMITS OF WORK AS SHOWN ON THE DRAWINGS OR AS MODIFIED IN THE FIELD BY THE LANDSCAPE ARCHITECT WILL BE DONE AT CONTRACTORS EXPENSE UNLESS THE CONTRACTOR NOTIFIES THE LANDSCAPE ARCHITECT OF THE NEED FOR THE WORK IN WRITING AND IS DIRECTED TO PERFORM THE WORK BY LANDSCAPE ARCHITECT OR OWNER IN WRITING BEFORE PERFORMING THE WORK. RESTORATION OR REPLACEMENT OF ANY PAVEMENTS, CURB, GUTTER, PLANT MATERIALS, TURF, UTILITIES, OR OTHER SITE ELEMENTS OUTSIDE THE LIMITS OF WORK THAT ARE DAMAGED DUE TO THE CONTRACTOR'S ACTS OR NEGLIGENCE WILL BE AT THE CONTRACTOR'S EXPENSE. THE EXTENT AND ACCEPTABILITY OF THE REPLACEMENT WILL BE DETERMINED BY THE LANDSCAPE ARCHITECT. 13.THE CONTRACTOR MUST PROTECT ALL EXISTING ROADS, CURB, STRUCTURES, TREES, AND SITE ELEMENTS NOT DESIGNATED FOR REMOVAL. ANY DAMAGE SHALL BE REPAIRED OR REPLACED AT CONTRACTOR'S EXPENSE TO THE SATISFACTION OF THE LANDSCAPE ARCHITECT. 14.PROTECT ALL TREES DESGNATED TO BE SAVED AND ALL HARDWOOD TREES 6 INCHES OR GREATER IN DIAMETER THAT ARE NOT SPECIFICALLY DESIGNATED FOR REMOVAL WITH BARRIER FENCE CONSISTING OF SAFETY-CAPPED REBAR POSTS PLACED NO MORE THAN 8 FEET ON CENTER WITH 4 FOOT HIGH ORANGE SQUARE MESH BARRIER FENCING, RESINET SLM40, OR EQUAL, ATTACHED TO POSTS. BARRIER FENCE MUST BE INSTALLED AT THE LIMITS OF THE DRIPLINE PRIOR TO CONSTRUCTION AND MUST NOT BE REMOVED UNTIL FINAL LANDSCAPING IS TO BE COMPLETED. 15.PRIOR TO CONSTRUCTION, CONTACT LANDSCAPE ARCHITECT TO VISIT SITE AND VERIFY TREES TO BE SAVED. CONTRACTOR MUST REVIEW THE DRAWINGS AND DAILY WORK SCHEDULE SO THAT, SHOULD PROPOSED GRADES POSE A HAZARD TO A 'TREE TO BE SAVED', THE CONTRACTOR'S WORK IS NOT IMPEDED AND THERE WILL BE TIME TO STUDY THE ISSUE. IF ROOTS OF TREES DESIGNATED TO BE SAVED ARE CUT OR OTHERWISE BROKEN OR DISTURBED BY CONTRUCTION OPERATIONS, THEY MUST BE IMMEDIATELY AND CLEANLY ROOT PRUNED WITH A SHARP AXE OR PRUNER. 16.WHERE EXISTING TREES AND/OR SIGNIFICANT SHRUB MASSINGS ARE FOUND ON SITE, WHETHER SHOWN ON THE EXISTING CONDITIONS PLAN OR NOT, THEY SHALL BE PROTECTED AND SAVED UNLESS NOTED OTHERWISE OR UNLESS DIRECTED BY LANDSCAPE ARCHITECT TO BE REMOVED AND/OR ARE IN AN AREA TO BE GRADED. ANY QUESTION REGARDING WHETHER PLANT MATERIAL SHOULD REMAIN OR NOT SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TO REMOVAL. GRADING NOTES: 1.PROVIDE AND MAINTAIN POSITIVE DRAINAGE AWAY FROM ALL STRUCTURES AT ALL TIMES. 2.ALL DESIGN CONTOURS AND PROPOSED ELEVATIONS INDICATED ARE TO FINISH GRADE UNLESS OTHERWISE NOTED. 3.THE CONTRACTOR SHALL ACCOUNT FOR ALL IMPORTED SURFACE AND PLANTING MATERIALS IN DETERMINING EARTHWORK REQUIREMENTS. 4.GRADING OPERATIONS MUST MINIMIZE THE POTENTIAL FOR EROSION. 5.NO GRADING, STOCKPILING OF MATERIALS, OR STAGING IS PERMITTED OUTSIDE THE LIMITS OF WORK. 6.PRIOR TO ROUGH GRADING THE SITE, THE CONTRACTOR MUST REMOVE ALL TOPSOIL IN AREAS TO BE DISTURBED AND STOCKPILE ON SITE FOR FUTURE USE. EXCESS TOPSOIL MUST BE REMOVED FROM THE SITE AFTER FINISH GRADING AT THE CONTRACTOR'S EXPENSE. 7.THE EARTHWORK FOR THE SITE IS ANTICIPATED TO PRODUCE AN EXCESS OF MATERIAL. THE CONTRACTOR MUST REMOVE ALL EXCESS MATERIAL FROM THE SITE AND DISPOSE OF IT AT THE CONTRACTOR'S EXPENSE. 8.NO TOPSOIL SHALL BE REMOVED FROM RESTORATION AREAS WITHOUT APPROVAL FROM THE LANDSCAPE ARCHITECT AND RESTORATION CONTRACTOR. 9.TOPSOIL COMPACTED BY CONSTRUCTION TRAFFIC IN RESTORATION AREAS SHALL BE LOOSENED UNDER THE DIRECTION OF THE LANDSCAPE ARCHITECT AND RESTORATION CONTRACTOR. SEEDING NOTES: 1.ALL SEEDED AREAS SHALL BE WARRANTED BY THE CONTRACTOR FOR A PERIOD OF TWO YEARS AFTER OWNER ACCEPTANCE. ANY ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR PRIOR TO THE OWNER'S WRITTEN ACCEPTANCE SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. 2.SEED ALL DISTURBED AREAS NOT SPECIFICALLY DESIGNATED AS STRUCTURE, HARD SURFACE. 3.THE SEEDING CONTRACTOR MUST NOTIFY THE LANDSCAPE ARCHITECT OF THE PROPOSED SEEDING START DATE A MINIMUM OF ONE WEEK PRIOR TO SEEDING. 4.METHOD OF SEEDING AND SEEDING RATE SHALL BE AS LISTED ON SEDDING KEY. 5.NO SEEDING MATERIAL SUBSTITUTIONS WILL BE ACCEPTED UNLESS THE LANDSCAPE CONTRACTOR, PRIOR TO THE SUBMISSION OF A BID AND/OR QUOTATION, REQUESTS APPROVAL OF THE LANDSCAPE ARCHITECT. 6.THE SEEDING CONTRACTOR SHALL KEEP NEWLY SEEDED AREAS WATERED FOR A MINIMUM OF FOUR WEEKS OR UNTIL SEED IS ESTABLISHED. SPRING SEEDING COMPLETED AFTER MAY 15TH MUST BE WATERED BY THE CONTRACTOR FOR AT LEAST 4 WEEKS, OR UNTIL AUGUST 15TH, WHICHEVER IS LONGER. THE SEEDING CONTRACTOR MUST ALSO PROVIDE THE OWNER WITH A BID FOR INDIVIDUAL WATERING APPLICATIONS WITHIN THE TWO YEAR WARRANTY PERIOD FOR POTENTIAL WATERING DURING UNUSUALLY DRY PERIODS. 7.EROSION CONTROL MATTING MUST BE USED ON ALL SLOPES GREATER THAN 3:1 8.SEEDING IN RESTORATION AREAS WILL FOLLOW PROCEDURES LISTED IN “RESTORATION NOTES.” 9.EROSION CONTROL MATTING IS REQUIRED IN RESTORATION AREAS SHALL BE INSTALLED BY RESTORATION CONTRACTOR. PLANTING NOTES: 1.ALL PLANT MATERIAL SHALL BE WARRANTED BY THE CONTRACTOR FOR A PERIOD OF ONE YEAR AFTER OWNER'S WRITTEN ACCEPTANCE. ANY ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR PRIOR TO THE OWNER'S WRITTEN ACCEPTANCE SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. 2.LANDSCAPE ARCHITECT MUST APPROVE THE DECOMPACTED SUBGRADE AFTER DECOMPACTION WORK IS COMPLETE AND PRIOR TO TOPSOIL PLACEMENT. 3.PROVIDE 4 INCHES OF TOPSOIL FOR ALL TURF AREAS. PROVIDE A MINIMUM OF12 INCHES OF PLANTING SOIL MIX CONSISTING OF 1/3 TOPSOIL, 1/3 SAND, AND 1/3 COMPOST IN ALL SHRUB AND PERENNIAL BEDS. WHERE SHRUBS OR PERENNIALS ARE GROUPED, CREATE ONE CONTINUOUS PLANTING BED. LANDSCAPE ARCHITECT TO APPROVE TOPSOIL PRIOR TO SPREADING. CONTRACTOR MUST SUBMIT TESTING RESULTS AND FERTILIZER RECOMMENDATIONS. 4.ALL EDGED SHRUB PLANTING BEDS TO RECEIVE 3 INCH DEPTH OF DOUBLE-SHREDDED HARDWOOD MULCH. LANDSCAPE ARCHITECT TO APPROVE MULCH PRIOR TO INSTALLATION. 5.ALL PLANTING BEDS NOT CONTAINED BY STRUCTURES, CURB, OR PAVING MUST BE EDGED WITH STEEL EDGING. 6.WHERE SOD ABUTS PAVED SURFACES, FINISHED GRADE OF SOD MUST BE HELD 1 INCH BELOW THE SURFACE ELEVATION OF THE PAVED SURFACE. 7.SOD SHALL BE LAID PARALLEL TO THE CONTOURS AND SHALL HAVE STAGGERED JOINTS. 8.ALL PROPOSED PLANTS SHALL BE STAKED AS SHOWN ON THE DRAWINGS AND/OR AS DIRECTED IN THE FIELD BY THE LANDSCAPE ARCHITECT. THE LANDSCAPE ARCHITECT MUST APPROVE ALL STAKING LOCATIONS OF PLANT MATERIAL PRIOR TO ANY DIGGING. LANDSCAPE ARCHITECT SHALL BE NOTIFIED AT LEAST 48 HOURS IN ADVANCE OF THE DELIVERY DATE FOR ALL PLANT MATERIAL. 9.ADJUSTMENT IN LOCATION OF PROPOSED PLANT MATERIAL MAY BE NEEDED IN THE FIELD. SHOULD AN ADJUSTMENT BE ADVISED, THE LANDSCAPE ARCHITECT MUST BE NOTIFIED. 10.ALL PLANT MATERIAL SHALL BE CLEARLY IDENTIFIED (COMMON OR LATIN NOMENCLATURE) WITH A PLASTIC TAG WHICH SHALL NOT BE REMOVED PRIOR TO THE LANDSCAPE ARCHITECT'S APPOVAL. 11.ALL PLANT MATERIAL SHALL BE FERTILIZED UPON INSTALLATION WITH DRIED BONE MEAL OR OTHER FERTILIZER AS INDICATED MIXED IN WITH THE PLANTING SOIL PER THE MANUFACTURER'S INSTRUCTIONS. 12.ALL PLANT MATERIALS TO BE INSTALLED PER PLANTING DETAILS. 13.WRAP ALL DECIDUOUS TREES FROM THE GROUND TO THE FIRST BRANCH. WRAPPING MATERIAL SHALL BE QUALITY, HEAVY WATERPROOF CREPE PAPER MANUFACTURED FOR THIS PURPOSE. WRAP ALL DECIDUOUS TREES PLANTED IN THE FALL PRIOR TO DECEMBER 1ST, AND REMOVE ALL WRAPPING BETWEEN MAY 1ST AND JUNE 1ST, OR AS INSTRUCTED BY THE LANDSCAPE ARCHITECT. 14.IF THE LANDSCAPE CONTRACTOR PERCEIVES ANY DEFICIENCIES IN THE PLANT SELECTIONS, SOIL CONDITIONS, OR ANY OTHER SITE CONDITIONS WHICH MIGHT NEGATIVELY AFFECT PLANT MATERIAL ESTABLISHMENT, SURVIVAL, OR GUARANTEE, LANDSCAPE CONTRACTOR SHALL BRING THESE DEFICIENCIES TO THE ATTENTION OF THE LANDSCAPE ARCHITECT. 15.NO PLANT MATERIAL SUBSTITUTIONS WILL BE ACCEPTED UNLESS APPROVAL IS REQUESTED OF THE LANDSCAPE ARCHITECT BY THE LANDSCAPE CONTRACTOR PRIOR TO THE SUBMISSION OF A BID AND/OR QUOTATION. 16.CONTRACTOR SHALL PROVIDE A WRITTEN REQUEST FOR THE OWNER ACCEPTANCE INSPECTION UPON COMPLETION OF ALL PLANTING WORK. 17.PLANTING IN RESTORATION AREAS WILL FOLLOW PROCEDURES LISTED IN “RESTORATION NOTES.” IRRIGATION NOTES: 1.ALL SOD AREAS AND PLANTINGS WITHIN PROPERTY LIMITS,MUST BE IRRIGATED, UNLESS OTHERWISE NOTED. 2.PROPOSED IRRIGATION LAYOUTS AND MATERIAL LISTS MUST BE SUBMITTED WITH BIDS. ACCEPTABLE PRODUCT MANUFACTURERS INCLUDE RAINBIRD, TORO, AND NETAFIM. THE IRRIGATION CONTROLLER SHALL BE SIZED TO ACCOMMODATE ALL PROPOSED ZONES, INCLUDING ANY AREAS INDICATED AS FUTURE IRRIGATION, AND SHALL BE FULLY AUTOMATIC WITH A VOLATILE MEMORY CHIP. 3.IRRIGATION CONTRACTOR MUST VERIFY THE LOCATION OF ALL IRRIGATION SLEEVES. IF ADDITIONAL SLEEVING IS REQUIRED, IRRIGATION CONTRACTOR SHALL NOTIFY THE GENERAL CONTRACTOR AND THE LANDSCAPE ARCHITECT. ONLY TRENCHLESS METHODS WILL BE APPROVED AFTER PAVING IS COMPLETED. 4.THE IRRIGATION CONTRACTOR IS RESPONSIBLE FOR PROVIDNG A COMPLETE IRRIGATION SYSTEM FROM THE POINT OF CONNECTION AT THE COLD WATER STUB OUT LINE(S) FROM THE BUILDING. THE STUB OUT(S) FROM THE BUILDING, THE BACKFLOW PREVENTER, AND OTHER CODE REQUIRED PLUMBING ELEMENTS MUST BE PROVIDED BY A LICENSED MECHANICAL CONTRACTOR. 5.THE IRRIGATION CONTRACTOR MUST INSTALL THE IRRIGATION CONTROL PANEL IN THE LOCATION INDICATED ON THE MECHANICAL DRAWINGS OR AS APPROVED BY THE OWNER. 6.THE IRRIGATION CONTRACTOR MUST PROVIDE OPERATIONS AND MAINTENANCE MANUALS AND ON-SITE INSTRUCTION TO THE OWNER IN THE SYSTEM OPERATION. THE IRRIGATION CONTRACTOR IS RESPONSIBLE FOR INITIAL SYSTEM STARTUP, WINTERIZATION FOR THE FIRST WINTER, AND STARTUP THE FOLLOWING SPRING. 7.IRRIGATION CONTRACTOR SHALL INCLUDE IRRIGATION COVERAGE IN ALL RESTORATION AREAS. 8.IRRIGATION CONTRACTOR SHALL COORDINATE WITH RESTORATION CONTRACTOR REGARDING IRRIGATION SYSTEM SCHEDULE AND IRRIGATION NEEDS IN RESTORATION AREAS. RESTORATION NOTES: 1.ALL EXOTICS, INVASIVES AND UNDESIRED TALL NATIVE SPECIES TARGETED FOR REMOVAL WILL BE REMOVED BY HAND OR SPRAYED WITH APPROVED HERBICIDE. THIS WORK SHALL BEGIN DURING THE FIRST STAGES OF CONSTRUCTION AND EXTEND THROUGH THE MANAGEMENT PERIOD. 2.LANDSCAPE ARCHITECT MUST APPROVE MANAGEMENT STRATEGY OF NATIVE SPECIES TO BE LEFT AND MANAGED ON SITE. 3.RESTORATION PLANTING AND SEEDING SHALL BEGIN AFTER ALL CONSTRUCTION AND TREE PLANTING WORK IS COMPLETE AND THE IRRIGATION SYSTEM INSTALLED BY OTHERS IS IN PLACE. 4.RESTORATION CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT OF THE PLANTING AND SEEDING START DATE A MINIMUM OF ONE WEEK PRIOR TO SEEDING AND PLANTING. 5.SALVAGED TOPSOIL APPROVED BY THE RESTORATION CONTRACTOR WILL BE SPREAD ONLY ON AREAS CLEARED OF TOPSOIL DURING CONSTRUCTION. APPROVED TOPSOIL WILL ONLY BE SPREAD TO THE ORIGINAL GRADE OR GRADE APPROVED BY THE LANDSCAPE ARCHITECT. 6.SEVERELY COMPACTED SOIL CAUSED BY CONSTRUCTION TRAFFIC SHALL BE LOOSENED TO ORIGINAL GRADE BY OTHERS. MINOR COMPACTION SHALL BE LOOSENED BY RESTORATION CONTRACTOR TO ORIGINAL GRADE OR GRADE APPROVED BY THE LANDSCAPE ARCHITECT. 7.SEEDING SHALL BE HAND BROADCAST AND RAKED EITHER BY HAND OR WITH A DRAG HARROW. 8.ALL PLANT MATERIAL SHALL BE WARRANTED BY THE RESTORATION CONTRACTOR FOR A PERIOD OF ONE YEAR AFTER OWNER'S WRITTEN ACCEPTANCE. ANY ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR PRIOR TO THE OWNER'S WRITTEN ACCEPTANCE SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. 9.SEEDED AND SODDED AREAS SHALL BE WATERED WITH THE IRRIGATION SYSTEM (INSTALLED BY OTHERS) FOR A MINIMUM OF FOUR WEEKS OR UNTIL SEED IS ESTABLISHED. ALL WATERING ASSUMES A SYSTEM COVERING ALL RESTORATION AREAS IS IN PLACE AND RESTORATION CONTRACTOR HAS CONTROL OVER WATERING SCHEDULE FOR RESTORATION AREAS. 10.PLANTINGS SHALL BE PLACED ACCORDING TO SPECIFIC ZONE SECTION NEEDS AND NOT ACCORDING TO A FIXED PATTERN. ON-CENTER GOALS ARE ON AVERAGE. 11.LANDSCAPE ARCHITECT MUST APPROVE ALL SEEDING AND PLANTING LOCATIONS. 12.NO FERTILIZER OR SOIL AMENDMENTS ARE REQUIRED IN THE RESTORATION AREAS UNLESS DEEMED NECESSARY BY THE RESTORATION CONTRACTOR. 13.RESTORATION CONTRACTOR SHALL PROVIDE A WRITTEN REQUEST FOR THE OWNER ACCEPTANCE INSPECTION UPON COMPLETION OF ALL RESTORATION SEEDING AND PLANTING WORK. ADA AMERICANS WITH DISABILITIES ACT ALG ALIGN ADJ ADJACENT ALUM ALUMINUM ANNOD ANNODIZED ARCH ARCHITECT BLDG BUILDING BOT BOTTOM BOS BOTTOM OF STAIRS BOW BOTTOM OF WALL CB CATCH BASIN CJ CONTROL JOINT CL, ℄CENTER LINE CMU CONCRETE MASONRY UNIT COL COLUMN CONC CONCRETE CONT CONTINUOUS CIVIL CIVIL ENGINEER DIA DIAMETER DN DOWN DWGS DRAWINGS (E) EXTG EXISTING EJ EXPANSION JOINT EL ELEVATION ELEC ELECTRICAL EQ EQUAL EXP EXPOSED EXT EXTERIOR F.F.FILTER FABRIC FFE FINISHED FLOOR ELEVATION FG FINISH GRADE FND FOUNDATION GA GAGE GALV GALVANIZED GEO GEOTECHNICAL HB HOSE BIB HC HOUSE CORNER HOR HORIZONTAL HP HIGH POINT I.D.INSIDE DIAMETER INSUL INSULATION LA LANDSCAPE ARCHITECT LP LOW POINT MAS MASONRY MATL MATERIAL MAX MAXIMUM MFR MANUFACTURER MIN MINIMUM MTL METAL NIC NOT IN CONTRACT N.F.C.NOT FOR CONSTRUCTION O.C.ON CENTER O.D.OUTSIDE DIAMETER OH OVERHEAD PAR PARALLEL P.A.PLANTING AREA PL, ⅊PROPERTY LINE PLWD PLYWOOD POB POINT OF BEGINNING PC POINT OF CURVATURE PT POINT OF TANGENCY QTY QUANTITY R RISER (R)RADIUS RD ROOF DRAIN REM REMOVE REQD REQUIRED SF SQUARE FEET SIM SIMILAR SST STAINLESS STEEL STRUCT STRUCTURAL SY SQUARE YARD T TREAD TBD TO BE DETERMINED TOC TOP OF CURB, TOP OF CONCRETE TOD TOP OF DECK TOP TOP OF PAVING SURFACE TOS TOP OF STAIRS TOW TOP OF WALL TVLS TRAVIS VAN LIERE STUDIO TYP TYPICAL VERT VERTICAL VIF VERIFY IN FIELD W.P.M.WATER PROOF MEMBRANE W.PT WORKING POINT W/O WITHOUT #NUMBER, POUND &AND @ AT °DEGREES ±PLUS / MINUS Ø DIAMETER SECTION DETAIL PLANTING REFERENCE ELEVATION SPOT ELEVATION @ SECTION REMOVALS TYPE PAVING TYPE LIGHTING TYPE EQUIPMENT TYPE WALL TYPE PROPERTY LINE LIMITS OF WORK TREE PROTECTION / EROSION CTRL FENCING CONSTRUCTION FENCE CENTER LINE ℄ GRID MATCH LINE / CONTROL LINE REVISION POINT OF BEGINNING SPOT ELEVATION @ TOP AND BOTTOM OF WALL SPOT ELEVATION @ POINT OF REFERENCE SITE FURNISHING TYPE TOW 678.00 FG 000.00 000.00 L000 L000 PARALLEL 1 0.0% POB SLOPE @ SURFACE BREAK LINE ALIGN ALIGN SURFACES PARALLEL SURFACES 1 NOT FOR CONSTRUCTION QUANTITY SPECIES EXISTING CONTOUR EXISTING SPOT ELEVATION EXISTING TREES TO BE REMOVED x 000.00 PROPOSED SPOT ELEVATION PROPOSED CATCH BASIN PROPOSED CONTOUR PROPOSED NEW DECIDUOUS TREE PROPOSED NEW CONIFEROUS TREE PROPOSED NEW SHRUB PROPOSED NEW PERENNIAL/ANNUAL EXISTING TREES TO BE PROTECTED AND SAVED PROPOSED LIGHT FIXTURE 976.50 000.00 TOW 000.00 BOW 0 AA KEYNOTE CONSTRUCTION NOTES LEGEND SYMBOLS (C0NT.)ABBREVIATIONS SHEETNOTE CB 1 1 STRUCTURES/PAVING/ LANDSCAPING TO BE REMOVED HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE HATCH DESIGNATION HERE G 1 1 W 1 S 1 E 1 R 1 P 1 L GROUNDCOVER TYPE ℄ ℄ DN 00 L000 00 L000 00 L000 STAIR POINT OF ENTRY AT BUILDING SYMMETRY SYMBOLS DRAINAGE FLOW TRAFFIC FLOW TRAFFIC FLOW AT ADJACENT STREET 0AD D L001 GENERAL NOTES N/A cr e a t i o n d a t e : 8/ 1 9 / 2 0 1 9 fi l e p a t h : /V o l u m e s / T V L _ S t u d i o / P R O J E C T S / O L S E N R E S I D E N C E / 2 . D W G / 1 . D R A W I N G S / 1 . P E R M I T - S E T / L 0 0 1 . d w g la s t s a v e d : br e t w i e s e l e r Au g u s t 1 9 , 2 0 1 9 2 : 3 7 P M The designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2019Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E date:1/23/2018 3 3 1 5 C R Y S T A L B A Y R O A D , O R O N O , M N 5 5 3 9 1 O L S E N R E S I D E N C E Drawn By: Date: Scale: Drawing: Sheet: 8/19/2019 BW Rev #Description Date 1 SCHEMATIC DESIGN REVIEW 08.06.2019 2 VARIANCE APPLICATION 08.26.2019 3 LANDSCAPE REVS. PER CITY REVIEW 10.18.2019 211 1ST STREET NORTH, SUITE 350 MINNEAPOLIS, MN 55401 t 612 345 4275 W D TRAFFIC FLOW TRAFFIC FLOW 1 1 2 2 2 3 3 5 P O B AC AC 1 GAS & ELEC. 66 2 1 2 LAKE MINNETONKA CRYSTAL BAY OHW: 929.40 EXISTING HOUSE EXISTING HOUSE CRYSTAL BAY ROAD PR O P E R T Y L I N E HCRR EASEMENT HCRR EASEMENT 75' OHW SETBACK 10 ' S I D E Y A R D S E T B A C K PR O P E R T Y L I N E PROPERTY LINE AVG. BLDG. SETBACK AVG. BLDG. SETBACK DAKOTA RAIL TRAIL EXISTING ADJACENT GREEN SPACE 10 ' S I D E Y A R D S E T B A C K PROPOSED HOUSE MAIN LEVEL SUB-FLOOR: 945.32 LOWER LEVEL SUBFLOOR: 934.50 PROPOSED GARAGE FFE: 934.25 SCREENED PORCH W.W. LAWN AUTOCOURT ENTRY TERRACE FESCUE PLANTING AREA PL A N T I N G A R E A FESCUE PLANTING AREA FESCUE PLANTING AREA FESCUE 4 DN DN DN DN DN DN DN DN HARDCOVER CALCULATION WORKSHEET KEY PLAN1 HARDCOVER CALCULATIONWORKSHEET KEY PLAN 1"=8' SCALE: 1 inch = 8'16'4'0 8 feet cr e a t i o n d a t e : 10 / 1 8 / 2 0 1 9 fi l e p a t h : /V o l u m e s / T V L _ S t u d i o / P R O J E C T S / O L S E N R E S I D E N C E / 2 . D W G / 1 . D R A W I N G S / 1 . P E R M I T - S E T / L 1 0 1 . d w g la s t s a v e d : br e t w i e s e l e r Oc t o b e r 1 8 , 2 0 1 9 8 : 3 6 A M The designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2019Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E date:1/23/2018 3 3 1 5 C R Y S T A L B A Y R O A D , O R O N O , M N 5 5 3 9 1 O L S E N R E S I D E N C E Drawn By: Date: Scale: Drawing: Sheet: 10/18/2019 BW Rev #Description Date 1 SCHEMATIC DESIGN REVIEW 08.06.2019 2 VARIANCE APPLICATION 08.26.2019 3 LANDSCAPE REVS. PER CITY REVIEW 10.18.2019 NOTE: GENERAL NOTES 1.SEE SHEET L001 FOR GENERAL NOTES. 2.REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING INFO. 3.ELECTRICAL CONTRACTOR, MECHANICAL CONTRACTOR, AND IRRIGATION CONTRACTOR TO COORDINATE WITH PAVING, CONCRETE, AND WALL CONTRACTORS ON SLEEVE LOCATIONS UNDER DRIVEWAYS, WALKS, AND WALLS. 4.REFER TO SHEET L010 FOR EXISTING CONDITIONS PLAN FOR BOUNDARY INFORMATION. ALL CONSTRUCTION STAKING MUST BE PERFORMED BY A REGISTERED LAND SURVEYOR 5.DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS ARE TO BE USED FOR ALL LAYOUT WORK. 6.THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY LAYOUT DISCREPANCIES. 7.ALL SITE ELEMENTS SHALL BE STAKED IN THE FIELD AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. 8.AUTOCAD FILE AVAILABLE TO CONTRACTOR UPON REQUEST FOR FIELD LAYOUT. LEGEND: EXISTING TREE TO BE SAVED DECID.CONIF.ORNA. EXISTING SPOT ELEVATION EXISTING CONTOUR PROPOSED NEW TREE PROPOSED NEW SHRUB DECID.CONIF. PROPOSED NEW PERENNIAL PERENNIAL GRASS PROPOSED CONTOUR PROPOSED SPOT ELEVATION000.00 DRAINAGE FLOW PROPOSED BUILDING ENTRY PROPOSED CATCH BASIN CB PROPOSED LIGHT FIXTURE 000.00 PROPOSED DRAIN TILE P.E.PROPOSED POP-UP EMITTER DECID.CONIF.ORNA. KEYNOTES 1.EXISTING SIGNIFICANT TREE(S) TYP. - SAVE AND PROTECT 2.EXISTING NEIGHBORING PROPERTY/SITE FEATURE - SAVE AND PROTECT 3.EXISTING CITY STREET/ALLEY - SAVE AND PROTECT, REPAIR ANY DAMAGED AREAS PER CITY STANDARDS 4.EXISTING OVERHEAD POWER POLE - TO BE RELOCATED 5.EXISTING CLEANOUT - SAVE AND PROTECT 6.EXISTING FENCE - SAVE AND PROTECT 211 1ST STREET NORTH, SUITE 350 MINNEAPOLIS, MN 55401 t 612 345 4275 N SHEET NOTES 1.NEW DOCK LOCATION BY OWNER 2.ROOF OVERHANG, TYPICAL A B C D F F G H I I J J J I I E E E MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. 28. LA19-000069 – GORDON JAMES CONSTRUCTION ON BEHALF OF DALE AND JONMARI OLSEN, 3315 CRYSTAL BAY ROAD, VARIANCES AND IUP John Quinlivan, Gordon James Construction; Andrea Swan, Architect; and Dale and JonMari Olsen, Property Owners, were present. Curtis stated the applicant is requesting a number of approvals in conjunction with redevelopment of the property. Due to the property’s small size and small deck, redevelopment will require the following variances: -Lot area; -Hardcover within the 75-foot setback; -Building and structure within the 75-foot setback -Driveway width within the 75-foot setback; -49 percent total site hardcover where 25 percent is allowed; -30 percent building/structural coverage where 20 percent is the maximum allowed; - Rear yard setback; -Front (street) setback; and -Side yard setback. An interim use permit for export of approximately 1,120 cubic yards of material to be hauled from the property within 75-foot setback and off site is also being requested. At the September Planning Commission meeting, following a public hearing and discussion, they voted 4-2 on a motion to deny the requested variances. There was considerable discussion regarding the proposed structural coverage and the adjusted lot area used to calculate structural coverage between the applicant and the Planning Commission. In situations like this one where the traveled roadway does not exist in a dedicated easement, the actual paved width is removed from the lot area for calculation purposes. The total lot area of this property is 14,459 square feet; however, the adjusted area is determined to be 11,100 square feet. Staff does find practical difficulties inherent to the size and shape of the property in addition to the location of the roadway and lake to justify some level of variances for redevelopment. However, the applicant is proposing redevelopment on this property at a scale which is unsupported by practical difficulties and is far beyond what is reasonable for the property and neighborhood to support. Staff recognizes that this lot requires certain variances to support development and redevelopment. Staff does not support the structural coverage or hardcover variances because it appears the requests are borne out of convenience rather than hardship. Staff recommends the structural coverage be reduced to 20 percent. Staff recommends denial of the application as proposed. John Quinlivan, Gordon James Construction, noted there are currently 28 properties on Crystal Bay Road, with 24 considered lakeshore. Of the 24 properties with lakeshore, this property is the widest property at 150 feet. There are approximately 11 lots that are 50 feet or less width, four lots have 60 feet or less in width, five have 90 feet or less in width, and three lots are over 100 feet in width. This property is the widest of those properties but is also the second shallowest property, which presents a number of MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. challenges and practical difficulties. A practical difficulty has to be a reasonable manner not created by the owner and fits the character of the neighborhood. A number of the lots to the west have front-load garages due to the width of the lot. There are five lots that are wider that have side-loading garages. Several properties to the east have variances for a garage tucked in the back. A side-loading garage was designed for several different reasons. Number one, it offers a better appearance. Number two, Crystal Bay Road is narrow, and it was felt it would be better not to back out into the street. The setbacks are greater than three times what was required. There is also very limited parking on Crystal Bay Road and the side-loading garage would allow for guest parking. As it relates to hardcover, they are proposing to capture nearly 100 percent of the runoff through cisterns that would capture as much water as possible. The driveway and other exterior hardcover will use pervious pavers and the gutters will direct water to the buried cisterns. The homeowners are very involved with the newly proposed Lake Improvement District on Crystal Bay and have taken every effort to eliminate runoff from their proposed plan. Andrea Swan stated she would echo what was said by Mr. Quinlivan, and that she politely disagrees that the plan is for convenience but that it rather is for safety. As an architect, she follows codes relating to the health, safety, and welfare of the neighborhood and City. This lot would require a variance no matter what is done and the question is what is reasonable. This lot is uncharacteristic with the neighborhood and most of the homes vary greatly. To the east, the lots are bigger, with the garages in the back. To the west they get smaller for a while and then get bigger. The easy thing to do would be to put the garage on the front, but the right thing is not to do that for aesthetic and safety purposes. One of the neighbors pointed out that it is unsafe for cars to back out onto the road. In addition, the driveway has been made skinnier and pervious pavers will be used. Swan noted the City has received no objection letters from the neighborhood regarding their proposal and that they are the ones who know the characteristics of the neighborhood and what they would like to see. Quinlivan noted they have improved the lake side setback, the side yard setbacks, the rear yard setback from existing, and that there is a lot to be said for that. In addition, the lakeside of the lot has a number of retaining walls. They did meet out on site with Adam Edwards and he brought up some concerns from a plow perspective. Although it is not in the plan, those retaining walls can be removed and the homeowner is fine with that. Mayor Walsh asked if anyone from the public would like to comment on this application. Todd Olson, 3325 Crystal Bay Road, stated he supports the plan and that it fits in with the neighborhood. The houses are all different sizes and shapes. All the neighbors support it and it will be positive for the area. John East, 3445 Crystal Bay Road, stated he would echo those comments and that the new home would beautify the neighborhood. Crosby asked how many square feet the home is. Curtis indicated it is 3,454. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. Richard Anderson, 3205 Crystal Bay Road, stated he has .33 acres of land next to his marina and this is .25. The house he has designed for that lot is 20 percent structure and 24.9 percent hardcover. Something can be designed for this lot that fits in the footprint. The house is supposed to be 20 percent structural coverage and it is proposed at 31 percent. The area where they are talking about removing the retaining walls is at the widest part of the road and people park there. Anderson stated he is not sure if the 21 feet is accurate or if that is proposed. Curtis stated they are showing the width of the road narrowed. Anderson stated he has an issue with them removing part of the road. An argument could be made that the City does not own the road, but the fact of the matter is the pavement has been there for a long time and there will be a struggle to take the pavement out. That area allows some parking and removal of it will be an issue. There are dock renters at this property and the next-door property and that is where the cars park when there is overflow. It also helps create a nice little buffer. In addition, the neighboring Anderson reiterated that someone can design the house to meet the 20 percent and meet the setbacks, and that it was his understanding the 20 percent was a hard and fast number. Printup commented what is being proposed is too much for the lot and that it has not been that long ago that the structural coverage was raised to 20 percent from 15 percent. Walsh noted Staff recommended the applicants comply with the 20 percent. Printup concurred it is a hard and fast number and they can redesign it. Quinlivan noted the Planning Commission thought the road was a practical difficulty, and if you take that out of the square footage, it really limits what can be built. Quinlivan asked whether the road could be considered a practical difficulty. Right now with the road it is 14,459 square feet and 11,000 square feet without it. Walsh pointed out the City typically removes the square footage out of the calculation, and if that was included, they would be able to meet that. Printup encouraged the applicants meet the structural and hardcover rules as much as possible. Walsh asked if the road was included as part of the lot for the other lots in the neighborhood. Curtis stated either the road is platted and is not included, or the road area is removed from the calculation. There have not been a lot of structural coverage variances granted because a number of the lots are 10,000 feet. The other new homes in the neighborhood have complied with the 20 percent. Quinlivan noted this is the shallowest property in the area, and where the road widens at the front of the house, the largest amount of road is on this property. In his view that is a practical difficulty and it would help fit the 20 percent overall lot coverage. Walsh commented he can see how it could be a practical difficulty and that the question becomes what mitigating factors there are. Even if all of that is factored in, they are still over. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. Quinlivan indicated it is 23.5 percent without the road and in their view they can reduce that. Printup noted the City does not count the pervious pavers and the cisterns. Quinlivan pointed out they will absorb all of the watershed for a significant cost and that in his view that is a pretty good trade-off. Removing the road would help. Walsh noted it is a choice to have a side-loading garage and that it creates a lot of hardcover. The proposed structural coverage and hardcover are the two things that jump out. Crosby commented it is too much. Seals stated it is a beautiful drawing, but it is too much for the lot. The lots are smaller in the Crystal Bay neighborhood. The proposed hardcover is also an issue and that in her view they are pushing the limits too much. Quinlivan pointed out they have 30-plus setbacks on each side and that it will look like there are two empty lots. The challenge is how to make it fit without looking out of place. Johnson stated the discussion at the Planning Commission was pretty interesting and that he is in favor of allowing them to use the 14,000 square foot number as the basis. Walsh stated that would make the road a practical difficulty. Johnson stated he believes the Planning Commission felt that as well. There is some advantage to being on a lot less than 10,000 square feet because they tend to get a lot of variances. Johnson indicated he would not be open to any restricting of that roadside and that he would like to see the walls removed. By using that 14,000 number, they can revise their plan to get closer to the numbers, but they will have to make some hard choices. Johnson stated he also heard the argument about backing out on to the street, and that he would like to keep the cars off the street as much as possible. If you have to back out, you have to be more careful. Johnson stated he would not be in favor of narrowing the road and that they should comply with the 20 percent structural coverage but that he is not sure about the hardcover number. Crosby commented he would like to see the hardcover number be reduced. Seals stated the problem with narrow roads is emergency vehicle access. Quinlivan asked if they can table the application. Walsh indicated they can do that. Curtis noted the deadline has been extended to January 1, 2010. Swan asked even if they put the garage facing the street, they would still be over on hardcover, and her question would be whether that would be better. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2019 7:00 o’clock p.m. Walsh commented it is not the purview of the City Council to design the house and that they just provide guidance. The City Council has provided the boundaries they should work within and gave them some flexibility with the road Quinlivan concurred there is some value to getting cars off the street and leaving it wider. If they leave the road the way it is today, there is also some desire to get cars off the street as well. Walsh stated those would be mitigating factors and that the City Council cannot give them an exact answer at this time. Curtis stated 1,400 square feet of driveway would be 10 percent. Johnson suggested showing the plan two ways. There is some flexibility with getting cars off the road but they have to shrink the overall house down. Walsh noted they cannot create their own practical difficulty. Walsh moved, Crosby seconded, to table Application No. LA19-000069, Gordon James Construction on behalf of Dale and JonMari Olsen, 3315 Crystal Bay Road. VOTE: Ayes 5, Nays 0. This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 City of Orono Hardcover Calculation Worksheet (Within 75' setback) Property Address: Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)]S.F. (4) Portion of Total Lot Area within 75' setback S.F. Proposed Hardcover within 75' Setback Percentage [ (3) ÷ (4) ] % This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24’ x 30’) (720 S.F.) A S.F. B S.F. C S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)]S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage [ (3) ÷ (4) ] % W D TRAFFIC FLOW TRAFFIC FLOW 1 1 2 2 2 3 3 5 P O B AC AC 1 GAS & ELEC. 66 2 1 2 LAKE MINNETONKA CRYSTAL BAY OHW: 929.40 EXISTING HOUSE EXISTING HOUSE CRYSTAL BAY ROAD PR O P E R T Y L I N E HCRR EASEMENT HCRR EASEMENT 75' OHW SETBACK 10 ' S I D E Y A R D S E T B A C K PR O P E R T Y L I N E PROPERTY LINE AVG. BLDG. SETBACK AVG. BLDG. SETBACK DAKOTA RAIL TRAIL EXISTING ADJACENT GREEN SPACE 10 ' S I D E Y A R D S E T B A C K PROPOSED HOUSE MAIN LEVEL SUB-FLOOR: 945.32 LOWER LEVEL SUBFLOOR: 934.50 PROPOSED GARAGE FFE: 934.25 SCREENED PORCH W.W. LAWN AUTOCOURT ENTRY TERRACE FESCUE PLANTING AREA PL A N T I N G A R E A FESCUE PLANTING AREA FESCUE PLANTING AREA FESCUE 4 DN DN DN DN DN DN DN DN HARDCOVER CALCULATION WORKSHEET KEY PLAN1 HARDCOVER CALCULATIONWORKSHEET KEY PLAN 1"=8' SCALE: 1 inch = 8'16'4'0 8 feet cr e a t i o n d a t e : 10 / 2 8 / 2 0 1 9 fi l e p a t h : /V o l u m e s / T V L _ S t u d i o / P R O J E C T S / O L S E N R E S I D E N C E / 2 . D W G / 1 . D R A W I N G S / 1 . P E R M I T - S E T / L 1 0 1 . d w g la s t s a v e d : br e t w i e s e l e r Oc t o b e r 2 8 , 2 0 1 9 8 : 5 8 A M The designs shown and described herein including all technical drawings, graphics and specifications thereof, are proprietary and cannot be copied, duplicated or commercially exploited, in whole or in part, without the express written permission of Travis Van Liere Studio, LLC. These are available for limited review and evaluation by clients, consultants, contractors, governement agencies, and vendors only in accordance with this notice. © Copyright 2019Travis Van Liere Studio, LLC. All rights reserved. license no: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. 43728 T R A V I S V A N L I E R E date:1/23/2018 3 3 1 5 C R Y S T A L B A Y R O A D , O R O N O , M N 5 5 3 9 1 O L S E N R E S I D E N C E Drawn By: Date: Scale: Drawing: Sheet: 10/28/2019 BW Rev #Description Date 1 SCHEMATIC DESIGN REVIEW 08.06.2019 2 VARIANCE APPLICATION 08.26.2019 3 LANDSCAPE REVS. PER CITY REVIEW 10.18.2019 NOTE: GENERAL NOTES 1.SEE SHEET L001 FOR GENERAL NOTES. 2.REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING INFO. 3.ELECTRICAL CONTRACTOR, MECHANICAL CONTRACTOR, AND IRRIGATION CONTRACTOR TO COORDINATE WITH PAVING, CONCRETE, AND WALL CONTRACTORS ON SLEEVE LOCATIONS UNDER DRIVEWAYS, WALKS, AND WALLS. 4.REFER TO SHEET L010 FOR EXISTING CONDITIONS PLAN FOR BOUNDARY INFORMATION. ALL CONSTRUCTION STAKING MUST BE PERFORMED BY A REGISTERED LAND SURVEYOR 5.DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS ARE TO BE USED FOR ALL LAYOUT WORK. 6.THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY LAYOUT DISCREPANCIES. 7.ALL SITE ELEMENTS SHALL BE STAKED IN THE FIELD AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. 8.AUTOCAD FILE AVAILABLE TO CONTRACTOR UPON REQUEST FOR FIELD LAYOUT. LEGEND: EXISTING TREE TO BE SAVED DECID.CONIF.ORNA. EXISTING SPOT ELEVATION EXISTING CONTOUR PROPOSED NEW TREE PROPOSED NEW SHRUB DECID.CONIF. PROPOSED NEW PERENNIAL PERENNIAL GRASS PROPOSED CONTOUR PROPOSED SPOT ELEVATION000.00 DRAINAGE FLOW PROPOSED BUILDING ENTRY PROPOSED CATCH BASIN CB PROPOSED LIGHT FIXTURE 000.00 PROPOSED DRAIN TILE P.E.PROPOSED POP-UP EMITTER DECID.CONIF.ORNA. KEYNOTES 1.EXISTING SIGNIFICANT TREE(S) TYP. - SAVE AND PROTECT 2.EXISTING NEIGHBORING PROPERTY/SITE FEATURE - SAVE AND PROTECT 3.EXISTING CITY STREET/ALLEY - SAVE AND PROTECT, REPAIR ANY DAMAGED AREAS PER CITY STANDARDS 4.EXISTING OVERHEAD POWER POLE - TO BE RELOCATED 5.EXISTING CLEANOUT - SAVE AND PROTECT 6.EXISTING FENCE - SAVE AND PROTECT 211 1ST STREET NORTH, SUITE 350 MINNEAPOLIS, MN 55401 t 612 345 4275 N SHEET NOTES 1.NEW DOCK LOCATION BY OWNER 2.ROOF OVERHANG, TYPICAL A B C E E F G F H J J I G D D D