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HomeMy WebLinkAbout01-13-2020 Council PacketAgenda Council Meeting Monday, January 13, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of December 9, 2019 2. Claims/Bills 3. Approval of Rental Licenses 4. Approval of 2020 Massage License Renewal 5. Appointment of 2020 Temporary Scan Clerks 6. Appointment of Absentee Ballot Board for the 2020 Presidential Nomination Primary Election — Resolution 7. Appointment of 2020 Election Judges — Resolution 8. Approval of Lawful Gambling Activity License for Orono PTO — Resolution 9. Approval of 2020 Sanitary Sewer Rehabilitation Engineering 10. Accept Donation — Lydiard Beach Bench 11. Southways Development — Formal Acceptance Public Sanitary Sewer — Resolution 12. Parks Department Aerator Replacement Purchase 13. Appointment of Seasonal Employees 14. Replacement of Right Of Way Mower Tractor #450 15. Approval of Fuel Cube Painting 16. Wayzata Blvd (CSAH 112) Phase II Landscaping Approval Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 17. LAI 9-000097 — City of Orono Text Amendment — Dock Licensing 18. LAI 9-000104 — City of Orono Text Amendment — Lake Access Easements in the RS zoning district — Public Hearing Mayor/Council Report Sign up for email notifications at www.ci.orono.mn.us Agenda Council Meeting Monday, January 13, 2020 6:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us City Administrator Report 19. Request for Permission to Comprehensively Review City of Orono Personnel Policy For Updates 20. CenterPoint Energy Franchise Ordinance Renewal City Attorney Report Adjournment Upcoming Events 2020 01-20-20 Official Holiday, City Offices Closed 01-21-20 Planning Commission Meeting, Tuesday, 6:00 p.m. (Aaron Printup) 01-27-20 Council Work Session, Monday, 5:00 p.m. 01-27-20 City Council Meeting, Monday, 6:00 p.m. 02-10-20 Council Work Session, Monday, 5:00 p.m. 02-10-20 City Council Meeting, Monday, 6:00 p.m. 02-17-20 Official Holiday, City Offices Closed 02-18-20 Planning Commission Meeting, Monday, 6:00 p.m. (Victoria Seals) 02-27-20 Council Work Session, Monday, 5:00 p.m. 02-27-20 City Council Meeting, Monday, 6:00 p.m. Sign up for email notifications at www.ci.orono.mn.us MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby II, 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 Oakden, Public Works Director/City Engineer Adam Edwards, and City Attorney Soren Mattick. Mayor Walsh called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. TRUTH IN TAXATION PUBLIC HEARING 1. 2020 Budget Hearing a. 2020 Budget Information b. Adopt Final 2019 Levy Collectible in 2020 — Resolution No. 7049 c. Adopt Final 2020 General Fund Budget — Resolution No. 7050 d. Adopt the 2020 Special Revenue Funds Budgets — Resolution No. 7051 e. Adopt the 2020 Enterprise Fund Budgets— Resolution No. 7052 Olson stated the law requires a public hearing before the adoption of the budget and public input, if any, must be accepted. As far as how taxes are calculated, it starts with the Hennepin County Assessor's valuation of each property in the City. The value is multiplied by a tax rate that applies to each class. 90% of Orono's properties are residential. The tax capacity rate is calculated by taking the total property tax levy of the City divided by the City's total tax capacity, the value the Assessors put on each property multiplied by the property's tax rates then added together. Olson said the Council is asked to approve a $6,007,450 Property Tax Levy. The City's Tax Capacity is $36,417,706, a tax capacity rate of 16.498%. Orono has the third lowest tax capacity rate in the county. He used a sample Property Tax Statement and explained the components of it and how to calculate the net City tax. For the average property tax distribution throughout Minnesota, school districts equal about 29%, the county is 27%, and the city is 29%. For the City of Orono, the school takes 39%, the county takes 39%, and the City is 15% of the property tax bill. He said this is a reflection of the Orono Councils, who have had to try to keep the property taxes as low as possible while funding needed infrastructure and services. Seals asked whether schools in Hennepin County tax at a higher amount compared to other schools. Olson said he has not looked at school data throughout the state, but Orono schools tax higher than Mound Westonka. The information is based on District 278. Walsh said part of the reason the school and county number is so much higher is because the City's number is so much lower than normal. Seals said that is why she asked what the school was taxing percentage -wise compared to other areas. Walsh said you would have to look on average. If the city is normally 29 and Orono is 15, it's a 14% difference, while the school is 10% higher and the county is 12% higher. He said the other entities are making up the difference of what the City is not taxing because of its governance. Page 1 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Olson noted all the information is available publicly. Olson said the preliminary budget in September showed, over the last 5-6 years, if the value of someone's house was $700,000 or a million dollars and it were the same value today, the homeowner would be paying less dollars. Meanwhile, the City has paid down 5 million dollars in debt, funded roads and infrastructure, so the City is managing and properly weighting where dollars should be used correctly. Olson stated Orono's tax capacity rate is 16.498°/x. The surrounding cities are higher and the Hennepin County average is about 39%. In the metro area, property tax bases average 79% residential, and commercial and industrial account for 18%. Because of Orono's unique nature and decisions on density and the type of developments in the City, 89% is residential and 2% is commercial/industrial. Crosby asked what the make-up is of the "Other" category. Olson said it was tax-exempt properties like churches, schools, et cetera. Olson stated the Council is being asked to approve a $6,007,450 tax levy. This is comprised of a general operating budget of $4,679,000, with $617,000 for the pavement management levy and three improvement bonds. In 2023, $300,000 of levy needs for debt service will drop off. By 2029, all bonds will be paid and the City will not have any debt -service levy. Olson noted the tax capacity is $36,417,000, the total levy of 6 million dollars, and the tax capacity rate of 16.498%. Last year the tax capacity rate was 16.406%; this is a .092% increase. For an owner of a $250,000 home which did not increase in value, taxes would increase by $2.16 annually. For a 2 -million - dollar home, it would increase by $21.85 annually. Assuming a home increases in value by 5%, for a $250,000 home taxes would increase by $24.60; for a 2 -million -dollar home the increase would be $228. If a 2 -million -dollar home went down in value, taxes would decrease by $250. Generally, almost as many houses go up in value as go down, although for 2020 there's a few more on the "increase" side. He offered to walk through anyone's tax statements if there were questions. Olson reviewed budget information: revenues are increasing 6.5%, which is property taxes of 6.8% and intergovernmental revenue, which looks like it's increasing 47% but is a change in accounting procedures regarding how grant money is handled. The total public safety service charges of 2.5 million dollars is in regards to the police contracts with the Cities of Spring Park, Minnetonka Beach, and Mound. That helps the City keep property taxes at 51% of the budget, which is significantly lower than the average city. Olson indicated the expenditure budget is increasing by 6.6%. To the street budget, $80,000 was added because basic routine repairs such as potholes was coming out of the Pavement Management Plan, and Staff wanted to move those types of expenses into the General Fund Budget. There is an increase of 870% for the three 2020 elections: presidential primary, regular primary, and general election. Personal Services is increasing 5.41%, which consists of negotiated contracts, settlements, and step increases. Insurances are going up 30%. Staff moved around some accounting such as creating an IT Services Fund and also moved some charges from Supplies to Professional Services. The shift does not change the dollars being expended. Personal Services are 63% of the budget, Professional Services are 16%, so 79% of the expenses are related to people and providing service to citizens. Page 2 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Olson noted the City Council is asked to approve the General Fund Budget per state requirements. The estimated revenues are $9,143,200 and the appropriated expenditures are the same amount, which is a balanced budget. Special revenue funds budgets are also adopted including the park fund, the drug and felony forfeiture fund, and the TIF fund. Olson noted the general fund consists of $9,300,000, which is the biggest piece of the budget and biggest impact on the tax levy. The 2020 revenue budget is just under 16 million dollars and includes special revenue funds, capital project funds, debt service funds, and enterprise funds. With the combined summary of expenditures and other financing uses, it is expected to be 17 million, partly due to how capital improvement funds are collected and spent for various projects. Council members and Olson discussed what the City paid the LMCD (Lake Minnetonka Conservation District) last year, if the budget increased this year, how much it increased, then asked the LMCD rep, who was present in the audience, if he knew Orono's cost and whether it's been approved. Mr. Rich Anderson said it is being raised 2.3%. He hasn't been with the LMCD long but has looked at the budget many times. He stated it's a rounding error for the City of Orono so no one takes much interest, but after you see all the line items, you have to start asking questions. Seals noted if it's a 2.3% increase, it's about $1,300. Mr. Anderson reiterated it's a rounding error but pretty soon it becomes principle. Johnson said that is an increase even with the moratorium on. Seals asked what the LMCD used the funds for last year. Mr. Anderson said LMCD decided, for $100,000, they needed to have a survey done on their plan for going forward with AIS (Aquatic Invasive Species) harvesting. He took a strong position that Orono doesn't want to do any harvesting. There was a meeting a couple weeks ago and the LMCD was going through the AIS plan, which is a summary of what they are going to do. They added $100,000 as a line item. Walsh stated they added $25,000 as a marketing budget. Mr. Anderson said they have income on the top and expenses on the bottom. They had plenty of income. They put in a $100,000 line item on the bottom to justify the top income for the bottom deficit. Walsh said with one vote out of 14, Orono did not have a lot of impact. Mr. Anderson agreed and said he brought up the issue with the City of Minnetonka Bay and nobody is interested because it is a rounding error. It is the principle, in his opinion. Mayor Walsh opened the public hearing at 7:02 p.m. There were no public comments. Mayor Walsh closed the public hearing at 7:02 p.m. Page 3 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Crosby moved, Seals seconded, to approve the 2020 Property Tax Levy — Resolution No. 7049, 2020 General Fund Budget — Resolution No. 7050, 2020 Special Revenue Fund Budgets— Resolution No.7051, and 2020 Enterprise Fund Budget— Resolution No.7052. VOTE: Ayes 5, nays 0. APPROVAL OF AGENDA CONSENT AGENDA 2. CITY COUNCIL MEETING MINUTES OF NOVEMBER 25, 2019 3. CLAIMS/BILLS 4. AUTHORIZATION TO DISBURSE CLAIMS 5. ADOPT 2020 FEE SCHEDULE This item was removed from the Consent Agenda. 6. COST OF LIVING ADJUSTMENTS FOR NON-UNION EMPLOYEES This item was removed from the Consent Agenda. 7. CLOSE FUND 437 — POLICE CAPITAL PROJECTS FUND — RESOLUTION NO. 7054 8. 2020 ANNUAL APPOINTMENTS — RESOLUTION NO. 7055 9. ADOPT FINANCIAL MANAGEMENT POLICIES — RESOLUTION NO. 7056 10. APPROVAL OF RENTAL LICENSES 11. APPOINTMENT OF 2019 SEASONAL EMPLOYEES �Bf.YZ�7.Y\�[I]11i1�[41I:\Iul�l��2117�71M'1 13. 2018 DRAINAGE IMPROVEMENT PROJECT — PAY REQUEST NO.2 — FINAL 14. ANTI -ICING UNIT #425A 15. LA18-000094 — LAKEWEST DEVELOPMENT O/B/O RUSSEL KOCON AND JACQUELINE GIBNEY, 3570 IVY PLACE — CONDITIONAL USE PERMIT FOR PERMANENT DOCK — RESOLUTION NO. 7057 This item was removed from the Consent Agenda. 16. LA19-000041— STEVE EGGERT, O/B/O LAKE WEST DEVELOPMENT, LLC AND RUSSELL KOCON AND JACQUELINE GABNEY, 3570 IVY PLACE, SUBDIVISION RESULTING IN A PLAT — RESOLUTION NO. 7058 Page 4 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. 17. LA19-000089 — JIM CLEARY EVERLAST ENTERPRISES INC., 275 CRESTVIEW AVE, VARIANCE — RESOLUTION NO. 7059 18. LA19-000090 — BRENT TEELE, 577 PARK LANE, VARIANCE — RESOLUTION NO. 7060 19. LA19-000094 — DAVID BURDA, 1966 SHADYWOOD ROAD, VARIANCES — RESOLUTION NO. 7061 20. LA19-000095 — GORDON JAMES, 2927 CASCO POINT ROAD, VARIANCES AND IUP — RESOLUTION NO. 7062 Johnson requested to add Number 25, LA19-000096 — Denali Custom Homes o/b/o Drew Hueler, 1398 Rest Point Road, Variances. He stated the applicant reduced the structural coverage to 20% since the Planning meeting. Walsh said he had a question about it, this wasn't the place to ask, and it probably should be kept off. Johnson retracted his request to add Number 25 to the Consent Agenda. Crosby moved, Seals seconded, to approve the Consent Agenda as revised, with Item Numbers 5, 6, and 15 being removed from the Consent Agenda. VOTE: Ayes 5, nays 0. PUBLIC COMMENTS None. PRESENTATION 21. THREE RIVERS PARK DISTRICT COMMISSIONER — MARGE BEARD Ms. Marge Beard has been appointed to Three Rivers Park District to fill a seat vacated by Commissioner Penny Steele. She represents much of Western Hennepin County, including three precincts within Orono. She is a 25 -year resident of Plymouth and previously served on the Plymouth City Council. She thanked the Council for their service because she's walked in their shoes and understands the difficulty of some of the decisions made, adding it is the most grassroots public service citizens can do. Ms. Beard said Three Rivers Park District was established 50 years ago by the state legislature and is a stand-alone government entity. There is a seven -member Board of Commissioners: five are elected and two are appointed by the Hennepin County Board. She serves in one of the elected roles. Their mission is to promote environmental stewardship through recreation and education in natural resource-based systems. All their parks and trails have to have some level of natural resources, so there are no ball fields, splash pads, or swimming pools. There are 25 parks, 164 miles of regional trail, they manage 29,000 acres of land, and they have 12.5 million visitors a year. Three Rivers is mostly known for boating, swimming, skiing, and snowshoeing. They own their own nursery in Hanover/Rogers, where they grow all their own trees and plants for their parks. Everything that is grown comes from seeds within 25 miles of Hennepin County. They have planted over 2 million trees since 1978 and manage 14,000 acres of forest. They have Page 5 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. an extensive wildlife management program and were instrumental in 1966, when Trumpeter swans were reintroduced to Minnesota and two were placed in the Carver Park Reserve. Estimates indicate there are now 17,000 Trumpeter swans in Minnesota. In 1984, they focused on reintroducing osprey into the metro area. There are now 600 active osprey nests in Minnesota. Recently they focused on the nesting turtle study and have protected 30-40 turtle nests at French Park on Medicine Lake. They have tagged rusty patched bumble bees and Monarch butterflies. They performed 21,000 AIS inspections last year and have over 200 trained staff focused on that. The Three Rivers Parks most visited by Orono residents were Baker Park Reserve, Gale Woods Farms, and French Park. The most popular program Orono residents purchased tickets for was "Saturday on the Farm" at Gale Woods Farms. Three Rivers would like to see themselves as an asset to the community. She offered the City of Orono assistance and to work collaboratively in a multitude of areas. Walsh referenced a project the City has been working on, trying to get to the Luce Line from Navarre. He said the City appreciates working with Three Rivers on the projects to get the trails put together, attached, and making them more livable with all of the space available in Orono. Johnson asked if any consideration was given to plowing the Dakota Rail Trail during the wintertime. Ms. Beard said there is a grant program available. If cities want to take on the responsibility to plow them or contract it out, Three Rivers would reimburse the city approximately $100 per mile. Three Rivers does not have the resources or staff available to plow their trails. Walsh stated he thinks the bigger issue is liability and that Three Rivers didn't want to take on any liability. If there was a way to get around the liability issue, it would be fun. Ms. Beard said she would check into details on that and get back to the Council. Crosby noted if the trail is plowed, it would be an issue for people who go cross-country skiing. Seals asked if there was someone the City's department could work with from Three Rivers to brainstorm ideas regarding Big Island because there are invasive species there, among other issues. She said the City will be doing improvements regarding trails in the near future, and it would be good to have an overarching plan vetted out by someone who knew what they were doing. Edwards stated his department routinely works with Three Rivers, and a lot of the ideas his department has for parks such as Lurton Dog Park and Big Island was vetted through Three Rivers staff. Seals asked if someone from Three Rivers has walked Big Island. Edwards said no one has walked the City's part of Big Island, although Three Rivers manages an abutting property to the City's park on Big Island. Seals stated she thinks the island needs to be walked to see what they're dealing with. They had a vet out there who said it could be accessed, and she just met him again and he said it can't be accessed. Once the lake freezes, it would be great if Three Rivers could look at it with the City. Ms. Beard said something should be able to be worked out and encouraged the Council to reach out to her for any help. She will eventually be going to Big Island personally to look at it. Page 6 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. The City Council took no action on this item. FINANCE DIRECTOR REPORT 22. ADOPT THE 2020 CAPITAL IMPROVEMENT PLAN Olson said the Capital Improvement Plan is for the long-range maintenance, repair, and replacement of the City's infrastructure which ranges from vehicles and plow trucks to roads. The plan was talked about in-depth at a work session. It is a planning document only, and anything that is approved would have to come back to the Council for approval again. Walsh stated it is a general plan of what the City is doing for the next 5-8 years so the City can budget and get funding. Seals referenced Long Lake Fire and confirmed that it is a planning document and everything still has to come through the City Council even though the biggest expense does not hit until 2028. Printup moved, Crosby seconded, to adopt the 2020 Capital Improvement Plan. VOTE: Ayes 5, nays 0. 15. LA18-000094 — LAKEWEST DEVELOPMENT O/B/O RUSSEL KOCON AND JACQUELINE GIBNEY, 3570 IVY PLACE — CONDITIONAL USE PERMIT FOR PERMANENT DOCK — RESOLUTION NO. 7061 Johnson said he pulled the item because the description did not include the LMCD, as far as whose jurisdiction the dock had to meet. It referenced the DNR and Watershed District, and the LMCD would have jurisdiction on the dock itself. Walsh stated either way the applicant would have to get their approval. Johnson said there is language included that gave a specific distance for reflectors on the permanent dock. He did not feel the City Council should decide what the correct spacing for reflectors is and should rely on the LMCD to have ordinances about permanent docks. Walsh asked for confirmation that the LMCD has ordinances for reflectors on permanent docks. Barnhart said he is not certain if they do. He stated the language is a mirror of a condition at Shadywood from a couple years earlier. He suggested adding "at least every 25 feet" so that if the LMCD has a more stringent requirement, that application would apply. Seals suggested using language of "reflectors should follow the LMCD code" so the City does not impose on the LMCD's business, adding that the City would not be inspecting it. Crosby agreed with Seals. Mattick said it would not need to be added if the LMCD has a code on it. Page 7 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Barnhart stated if that is the direction of the City Council, he has the resolution in draft form and Number 2 could be stricken and the words "Lake Minnetonka Conservation District" added. Johnson and Seals agreed with Barnhart's suggestion. Johnson moved, Crosby seconded, to approve LA18-000094 — Lakewest Development o/b/o Russel Kocon And Jacqueline Gibney, 3570 Ivy Place — Conditional Use Permit For Permanent Dock — Resolution as written, removing number 2 and adding the LMCD language on number 3. VOTE: Ayes 5, nays 0. 23. LA19-000074 — WILLIAM GRIFFITH O/B/O THEODORE BONNETT, 40 & 45 SMITH AVENUE, REQUEST FOR STREET VACATION Staff presented a summary of packet memorandum. Walsh stated his understanding is there are two issues. First, putting the cul-de-sac in the right place according to Staff because it is the right topography, et cetera. Barnhart said he supports this location for the cul-de-sac. Walsh asked whether it was because it was flatter. Barnhart said primarily it meets the City's needs. There is not a lot of benefit from pushing it farther to the north, other than it's closer to the trail extension. Crosby asked what the negatives would be regarding pushing it farther to the north. Barnhart said he did not think the applicant would support it there and would likely withdraw the application and then a hammerhead would be put within the City's Right -of -Way. He thinks a cul-de-sac is desired long-term versus a hammerhead. Walsh stated the current easement pathway has a steep embankment to deal with and it would be a lot of work to make that path work. The easier pathway is the one already there because it's very easy to walk from a pitch standpoint. He would like to get the best trail and a permanent easement. The applicant is proposing a 10 -foot path, Staff is saying it should be 20 feet, and he asked for more information from Staff. Barnhart stated 20 feet is a standard trail width requirement which allows the City to build an 8 -10 -foot - wide trail and allows maintenance work to be done within an easement without encroaching on other property. A 10 -foot easement makes it pretty tight. Walsh said if there is only 10 feet, the pathway could only be about 4-5 feet because you have to build and maintain it from the edges and work within the easement. Crosby noted you would be working within the area you have. Walsh asked if there is another number that would work if 10 is too small and 20 is too much. Page 8 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Barnhart said the City's standard is 20 but Staff could make do with what the Council supports, recognizing there's challenges to a 4 -foot wide trail within a 10 -foot easement from a maintenance standpoint. If it was a brand-new trail easement, Staff would want at least 20 feet. Walsh said this plan would clean up the road and creates a permanent and better pathway. Seals said neighbors have used the phrase "equitable exchange of land" and asked for clarification. Barnhart stated if you take the area that will be vacated, it is substantially larger than the area the applicant is proposing to provide in terms of the cul-de-sac and the easement. Seals asked how Barnhart defined "substantially." Barnhart said the amount of land to be vacated is about 29,900 square feet. The amount of property the applicants would be providing is about 3,400 square feet. From an equality perspective, not all square footage is the same. The fingers are heavily wooded; there's some questionable topography to deal with. What the applicant is proposing is land that impacts their ability to improve their property, so there is some value to the property owner in that respect. There is some value to the City for the cul-de-sac. While it is a little more than 10% of the total, he is not looking at it strictly square foot to square foot. Seals said it did not make a lot of sense to her. One of the residents that called her said the City sometimes complicates things and that the current road works. From what some of the neighbors are saying, it does not seem equitable. While she does not think there needs to be an exact square footage to square footage because the land is different, it seems like a drastic difference. Walsh stated the problem is, there is a big hillside of a sliver of land and you can't vacate part of it. Seals commented that there may be a value on it. Crosby said he'd like to see what the neighbors' thoughts and comments are and who showed up tonight. Walsh asked what Seals meant by "value" and where she was going with that. Seals stated if the City is going to give up a big chunk of land that is a value to a resident, maybe there is a number on it. It's a dangerous thing to get into, where the City of Orono gives away land for free. She knows this isn't for free, but it does not pass the sniff test of being equitable. She agreed it would be good to hear from the residents. Johnson asked, if the cul-de-sac is put in as proposed, is the City putting the two houses out of compliance with the required setback. Barnhart said the cul-de-sac encroaches into one yard. Johnson said it goes into the other property, too, unless the drawing received by the Council members isn't an accurate depiction. Barnhart stated the drawing he is working from is in the packet. It encroaches into one but does not touch the other property. Page 9 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. In response to questions from Johnson, Barnhart stated the City does not measure from the edge of pavement, they measure from the property line. From a setback standpoint, it does not change on one property. It does decrease the setback for the existing property, but the property is already nonconforming. Chances are, if the property was to redevelop, they would either meet the new setback or request a variance. Johnson asked if they would need a variance to keep it in the location it is now. Barnhart said they would not unless they wanted to redevelop. Johnson said if you pretended the house was not there and the owner wanted to put it exactly where it is now, it would require a variance. Barnhart confirmed his statement. Johnson wanted to make sure everyone understood the City would be making it nonconforming in that location. Walsh clarified that it makes the house nonconforming. Johnson agreed with Walsh's statement. Johnson noted if the cul-de-sac is pushed to the back of the property line, you don't have those issues. Seals commented that is a good point to bring up, because historically decisions have been made and then the City Council is forced to have other conversations because it is nonconforming and the City Council is who made it nonconforming. Barnhart said the City is not changing anything, that it's a nonconforming structure from a setback perspective now regardless of where it is put. Walsh stated the question is whether the City wants to clean the area up in terms of dead-end streets and putting in a cul-de-sac and making sure the City has a permanent easement for the right location to get down to the trails. Right now, people are going through the applicant's property, and he could say, "You can't come down here. You've got to go down the huge hill through all the buckthorn." It would be a big investment on the City's part to deal with that. Having the trail on the applicant's property is not the right solution. If the City is going to clean it up, the City wants the right solution for the trail. Seals noted it would be good to hear from the residents, because if they don't want the cul-de-sac there, then it becomes part of the City's job to fix where the correct trail is right now. Walsh stated that if the City Council didn't do anything else, they still need to do that, because it needs to get off the applicant's property. Seals said, from reading residents' emails, she did not feel like there was an overwhelming desire to put a cul-de-sac in. Page 10 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh stated originally the applicant was putting in a different trail - going to Old Orchard Road and walking three blocks and going back uphill - which was a big problem. The City is not going to get rid of the direct access that it has today so the applicant has to correct it, which is what the applicant has been told to do and what he has come back with. Staff has worked with the applicant for the correct placement of the cul-de-sac they are comfortable with that makes sense. The applicant has done what the City wanted. The biggest issue is, he wants a 10 -foot trail through the easement. Staff is saying 10 feet might be a little tight and 20 feet is the standard. Crosby asked if the trail would be paved. Barnhart said right now it is not paved, it would be the City Council's decision after Edwards put together some plans, but he did not believe there were any plans to pave it. Johnson stated the reason this was originally brought to the City Council was to address the excessive number of vehicles that were coming down the street with no place to turn around. Then there was some conversation about the restaurant address in the wrong spot so there had to be a cul-de-sac. It made sense initially to put it all the way to the back because the City already had the property back there. Now he is hearing if the City puts it back there, the applicant is not interested. That doesn't make sense, because the reason it was brought to the City was to address the issue of the vehicles that had nowhere to go. Seals said safety was discussed. Johnson noted when the City started addressing that issue, the neighbors said, "Hey, what about our trail?" Crosby asked whether or not there is a safety issue. Walsh said he did not know if he heard an argument that says it is true or not true, but if there are delivery vehicles or buses on the road, they don't have a way to turn around without pulling into somebody's driveway. Johnson stated he went there with his vehicle which is delivery -like and he appreciates it's a problem for delivery vehicles, although delivery vehicles would be using driveways because they are delivering to somebody's house. He brought up the history because he does not want to lose sight of why it was originally brought to the City Council. He wants to get a good trail that everyone knows they can walk on and they don't have to worry about "No Trespassing" signs. Seals said they have a cul-de-sac where she lives, and the delivery truck guy does not use it the right way. Johnson said delivery drivers do what is efficient. He thinks when cul-de-sacs can be put in and it makes sense, the City should put them in. Walsh added it is the best thing to have, but whether or not they are used correctly is another issue. Johnson wanted to know if the applicant would pull it off the table if the cul-de-sac is at the back of the lot. Page 11 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh said if it is at the back, you are chewing up a ton of property for no particular reason. Usually the houses are at the end of the cul-de-sac and you go out to the houses versus bringing the cul-de-sac all the way through the yard. Mr. Theodore Bonnett, 40 & 45 Smith Avenue, stated he wants to get the deal done. He has had many phone calls with Barnhart, he appreciates his patience, and he is looking forward to getting a resolution. He said what is being presented is fine. A month ago, it was the path, this time the cul-de-sac is in the wrong place/the City is giving up too much, and next week it might be something else. This is what the Council asked for and what he has committed to after a lot of discussion. He hopes this is an amicable solution for everyone in the neighborhood. He thinks after this is built people will come and say, "Thank you. This is a great solution for our neighborhood. It looks good," as opposed to, "He's getting too much slough at the north end of Almo Place," which is essentially worthless land. He said the City is welcome to carve that part off and he only included it because the City said to. Walsh asked Mr. Bonnett to answer Johnson's question regarding the cul-de-sac. Mr. Bonnett asked what the point would be of putting it another 150 feet down the road, adding that it would cost more money and no development would be happening there. The City has the easement for the path, and he asked why the City would want to pay taxpayer money like that. He added the City just presented a great budget that people should be thrilled about. Johnson said the question is, if the cul-de-sac is at the end of the property, would Mr. Bonnett not want it. Mr. Bonnett said it would be like being asked if you want your leg chopped off and then sewn on with metal or aluminum. He'd prefer not to think about that. He said he presented what the City asked for collectively and what he would like the City Council to vote on. He feels this is the solution that benefits everyone: The City, the property owners that have to deal with the turnarounds. It addresses the safety issue and the trail. Walsh said he appreciates Mr. Bonnett working with Staff and bringing it back to the Council. Johnson asked about the width of the trail, that the City would like 20 feet. Mr. Bonnett stated this would be a simple foot path, not a snowmobile trail. Crosby asked whether Mr. Bonnett had an issue with the path being 20 feet wide. Mr. Bonnett asked why he wouldn't go 50 feet wide. Mr. Bill Griffith, 8300 Norman Center Drive, Bloomington, represents TJ Bonnett. He stated he is also a City Attorney so he understands Mr. Mattick's seat. He pointed out a vacation of Right -of -Way is not an exchange, it's not the City trading land or swapping land, it's the City determining whether that land is going to be needed for Right -of -Way. If you think it is, then you hang on to it. If you don't think that's going to develop into Right -of -Way, you look at what you need to reserve in terms of the cul-de-sac and the roadway, what you need to reserve in terms of the utilities, and what you can obtain in terms of the additional easement towards the Luce Line. He and the applicant looked at this situation as, if there is an opportunity to serve the public and also serve private interests, this makes sense. If they can't get to that point tonight or at some point in the future, it does not make sense. All the residents' issues should be Page 12 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. heard and addressed, the landowner's application should be heard and addressed, and ultimately the Council will decide if the Right -of -Way is excess to its needs or if it needs to be retained. This isn't a trade or what's the highest dollar value you can get, because you can't sell Right -of -Way. You vacate it and it goes back to the adjoining property owners from whence it came. It isn't a bargaining tool: The City Council isn't over a barrel nor is the applicant over a barrel. It's really about public need and how can the public need best be served. Mr. Griffith said the addition of the cul-de-sac is a public safety improvement, which Staff has said from day one. As the landowner, you look at what is the area of land that can accommodate that without paving the rest of the property. The blacktop which exists today will be pulled out and eventually be green space, and the trail will connect from the bulb of the cul-de-sac. The next question is how to serve the utilities. There is a manhole in the middle of the cul-de-sac and that utility service will remain, which is satisfied by the plan. Staff requested easements around the cul-de-sac to provide for a utility corridor, which is also a public benefit. The last question was the idea of providing a trail connection. Previously, other locations were looked at for the trail, and there were a lot of discussions with Staff to provide the trail in the right location. The path of least resistance was to go over the existing trail. Folks have been using it, it makes sense, the grades are workable and manageable, and it's basically a mowed grass trail today. That was also part of the Mayor's and Council's direction. It was also Staffs direction when getting down to the last alternatives. That is the logical place for the trail. The trail becomes public rather than private, so it provides a new benefit to the public that isn't there today. The 10 feet of width is plenty to accommodate what is there today. If the City desires to improve it at some point, the applicant can provide for temporary construction easements, because then it gives the City what they need to build and maintain the trail, but it does not encumber the property in a way that it becomes a detriment to using the property if the applicant wants to redevelop or otherwise. There is a way to satisfy that need without having a 20 -foot wide corridor permanently. The bottom line is, is there more public benefit in going forward with this application than having it withdrawn or the conditions such that the applicant can't agree to go forward. Ms. Stacey Quinn, 125 Smith, asked how she would get to the trail if she is at the end of the cul-de-sac. Walsh referenced the map and said where the dotted line is would be the trail. Ms. Quinn asked whether the dotted line down the middle of the property would get her to the trail and that it would be an easement. Walsh confirmed her statement. Ms. Quinn stated it was not clear and asked Barnhart questions about the location of the easement, property lines, the Bonnett property, how to get to the trail, the existing trail, all of which Barnhart answered using a map. Ms. Quinn said she has lived at 125 Smith for 12 years. She believes the Bonnetts have been there 6 years. The trail worked fine before; it was a nice footpath to get to the Luce Line. Residents are not looking for a snowmobile trail. She would prefer they keep a trail at the end of that street. There doesn't need to be anything cleaned up, which the Mayor has referenced, and in her opinion, it is working fine. Walsh said it is working right now but it is going through somebody else's property. The proposal would make it official that the trail would never go away. Page 13 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Ms. Quinn stated there is an area where people can get to the trail that isn't going to be on his property which is on the far end. The previous homeowner had no issue. She stated no one is having parties there; they are just trying to get to a trail. Seals asked Staff what trail the residents should be using. Barnhart stated there is not one. There is a pathway through property to get to the trail. Within the Right - of -Way, there is no path. Staff walked it and it is steep and overgrown. Seals asked if there could be an appropriate trail on City land if the City cleaned it up. Barnhart replied one would have to be created. Seals asked if Ms. Quinn would be fine with that. Ms. Quinn confirmed she would be. She said the City did not create that trail. If you walk it, you can see it's not a City trail. It's a very organic, earthy opportunity to get to the Luce Line. Ms. Quinn referenced the budget discussion and said the City has the money to do what she suggested, that it would not save the City a lot of money by shortening the street and not paving to the end of the street. She cannot imagine that everyone is here to save the City money because the City wouldn't pave to the end of the street. She referenced Three Rivers' presentation regarding the value of parks and trails. Her household finds value in being able to get down the street and get to the trail that they've groomed. It wasn't a City -groomed trail and the City probably wasn't even aware of the trail. The previous owner used to groom the trail and put wood shavings on the trail and wood pieces on the side of the trail. That is what Orono is to her. She is not looking at 20 feet of tar road to get to the Luce Line; she is looking at a nice, quaint, small neighborhood that does not need to be fixed. In her opinion, there is nothing broken there. If the homeowner does not want people going on that far end to the north side of his house to enjoy a trail, move the trail. She is against the project and does not see the need for the cul-de-sac at the end of the street. In her opinion this benefits one person, not the whole neighborhood. Mr. Sean Benson, 1220 Lyman, said he and his wife reviewed the latest plan and oppose it for several reasons. They are concerned about the equity concept, and the idea that a private citizen would get .6 acres of land essentially for free is disconcerting. They don't think any citizen should receive land for free. It sets a dangerous precedent, and in the future people would refer to that and say, "Hey, this is my opportunity to ask for free land because you've done this with somebody else." They do not see how shortening Smith is a benefit to anybody but the Bonnetts. They don't think it's going to be a huge financial savings not to pave that. They don't think the Bonnetts should have to agree to an easement. The Bonnetts have been allowing people to walk on their private land, but the Bensons don't think it's a good idea to get in the business of granting these easements and essentially forcing them to have to widen their trail or provide 20 feet of extra space. The Bensons question the number of vehicles that go down Smith and do not believe the number has been established. The proposal on the table is a cul-de-sac, but another option might be a hammerhead turnaround. He said in his work they do not rush to a solution. They take a step back and say, "What are the problems we are trying to solve?" He thinks the problems the City is trying to solve is access to the Luce Line Trail and maybe some way for vehicles to turn around that's better than what exists today. From the Bensons' perspective, there is DNR -owned land that abuts Smith Avenue and goes right to the Luce Line Trail. He asked if that could be used as the direct access, could the City put in a smaller turnaround. The City then avoids the issue of having to negotiate with the Page 14 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Bonnetts on what land they should or shouldn't get, how wide the easement should or shouldn't be, and the neighbors don't get all up in arms like they are. He felt that was a much cleaner, more efficient way to handle the issue. He said the City needs to take the path that exists that's overgrown and turn it into a walkable trail. He walked the area recently and that trail did not seem that wild or steep, unless he wasn't looking in the right place. He said if he is on Smith and looked straight north going to the Luce Line, there's brush and trees, but it doesn't seem incredibly steep. He suggested the City look at the option of building a hammerhead, plowing the trail that already exists, take all the negotiation off the table and not ask the Bonnetts to do certain things, not ask to get the neighbors involved in different ways. Mr. Merritt Jackley, 80 Smith Avenue, said he and his wife noticed that the road planned is 20 feet wide, which is wider than Smith Avenue right now, and wondered if that was correct and part of the plan. Barnhart said that is what the applicant shows on their plan. He does not have a final plan for Smith Avenue; that plan will be done this spring. Mr. Jackley said he is happy to see on this plan there is trail access from the proposed cul-de-sac to the Luce Line. The 20 feet would be great and helpful. He is confused as to why the cul-de-sac is not at the end of the road. A number of times in meetings there was clear direction that the cul-de-sac would be at the end of Smith Avenue, or try to be there. He realizes there might be some other considerations, but he thought he heard Barnhart say there should be no problem moving that back. He stressed the project be overseen by the Orono City Council or a neutral party. A number of neighbors have made it clear that getting trail access and having a cul-de-sac at the end of Smith Avenue is what they want. The Bonnetts' plan has been inching there but it's taking a lot of time. Ms. Angie Hopping, 95 Smith, asked will the remaining part of Smith get widened if a cul-de-sac is put in. Barnhart said the Council is talking about adding an area for a cul-de-sac. In terms of the pavement width of Smith, that is an independent project. Walsh said they are not looking to widen Smith when the road is redone. It's going to be in the same corridor that it is now, even if there is a cul-de-sac. Ms. Hopping said she is concerned about an equitable exchange and does not feel that giving up that much City property to one resident is fair to City residents. She asked what the value would go up to once he gets the extra property and is that fair to everybody, setting a precedence of giving away land. Even if nobody is using it, it is still wild property and kind of makes a buffer for the Luce Line. She said Orono prides themselves in their parks, their natural land, and she does not think giving the land up is a good idea. She also does not think it is a good idea to have a permanent easement through someone's private property. She thinks it is better, liability -wise, for the Bonnetts to have the City trail go to the City street and then to the Luce Line so residents are not going through Bonnetts' property. She would feel more comfortable staying on City property and she thinks that would be beneficial to everybody. She is not against the cul-de-sac going to the end of Smith Avenue. She agrees with having the City property to the trail to the Luce Line. She said most of the vehicles going down to the end of the road are delivery vehicles, Bonnetts' vehicles, or his renters' vehicles. There are no more 6Smith people going down there. It is not a very busy road to begin with, and she does not see a huge need for putting all the time and money into the cul-de-sac. Page 15 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Mr. Howard Mcmillan, 1275 Lyman Avenue, stated he would not like to see the present proposal pass. He asked if a turnaround and new trail connection within the existing Right -of -Way could be drawn so the two options can be compared side-by-side and the issue of public good could be better ascertained. Walsh said the Council is looking at what the applicant brought forward. If the proposal does not get approved, the Council may have to look at something down the road. There could be some type of hammerhead at the end, which is not perfect. If that didn't happen, the Council would have to work with the Parks Commission about the possibilities of getting access not going through the Bonnett property. He said he has walked it and it is steep. The brush can be cleared out, but it would definitely be a project. He did not know what the cost would be, which is always an issue when you're dealing with very steep land and you have to build access and decide whether it has to be handicap -accessible or not. Johnson noted it also has to be maintained. Walsh added it would probably have to have stairs because it is steep. He uses "clean it up" because there are a lot of fingers of land and there's a street that dead ends into nothing. Since the City is doing the road, it is a good opportunity to get a couple of things done at the same time and get a trail that can work well and get an easement through that which would be on Mr. Bonnett's title so he could never get rid of it. Everybody would win. As far as equity, Right -of -Way cannot be sold. This is a long finger of land heading down in the woods that was planned for a street maybe 100 years ago. But if somebody today said, "We want to do a new development and we want to put in a road with a hammerhead," the Council would say no, it needs to be a cul-de-sac. The City is trying to do a few different things, and if it doesn't work, it doesn't work. Mr. Mcmillan said he understands the City is responding to the Bonnett application and the City's been providing counsel for how he might make adjustments that could pass. He thinks the application has created a need for the City to address an issue that has always been there. He has lived there for over 30 years, and the access onto the Luce Line from Smith always existed and was maintained by previous homeowners. When the Bonnetts moved into the house is when a "No Trespassing" sign went up, which has made it more challenging for neighbors to understand where they should be. Walsh noted the sign said "Private Property" but that it's still a very nice lined pathway. Mr. Mcmillan agreed that it says "Private Property." To him, the easiest solution for the path would be to go straight off the end of Smith and develop that trail. He is not keen on the idea that he has to thread his way through private property to get to a public easement. He asked what the City policy is regarding vacating public Rights -of -Way. Walsh said the policy is, the Council is willing to listen to anybody if they've got those types of pieces of property next to them, because there are lots of different types of easements throughout the City. There was one on Forest Lake. They had an entire road circulation system that they put in place 130 years ago, and 90% of all the little fingers of the road easements have been vacated over time. There were one or two small pieces left which were next to houses that were tiny, and it made sense to say, "This has no public use anymore because it's not going to be a Right -of -Way for a road anymore," because it would never be put into place today, but 100-130 years ago it looked really good. The City is always willing to reason. The City probably has a 50150 track record of things that make sense, some that don't make sense, but having the conversation is always a good thing. Page 16 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Mr. Mcmillan said he would like to keep it simple and see the public access on City land go straight off of Smith and not into the Luce Line. Speaking for himself and maybe a few neighbors, they would be happy to show up on a Saturday with some chain saws and shovels. Printup noted the application is about a vacation, it's not about trails or cul-de-sacs. He wondered if the City would be okay with vacating the finger on the left of the map and moving the cul-de-sac to the end but leaving the finger on the right which then becomes the trail. Walsh asked Printup to repeat his suggestion. Printup stated the cul-de-sac would move to the end, a vacation of Almo but keeping the City land to the right because that becomes the trail access. Whether it becomes a 20 -foot thing or whatever the standard is, it doesn't matter, because it's the City's land. He said when the City is invited in areas, the government is probably going to screw it up and it's going to become really big and it could be paved and there's all kinds of lights and sirens on it saying, "Hey, everybody, come to this City land" because it's public property. But when it's a neighborhood thing, it's kind of a neighborhood jewel. Crosby asked if Printup was saying there would still be a cul-de-sac at the end. Printup said he could go either way on the cul-de-sac. The application is about vacation. The cul-de-sac is a secondary issue. When the opportunity is provided, the City will be doing the road there anyway. There are a lot of tiny streets in Orono, a hammerhead is fine or not, and he is okay with paving it and leaving it as -is. He gets the idea of cleaning it up, but the road to hell is paved with good intentions. Crosby asked if there is a hammerhead in it or a cul-de-sac. Printup said right now the City should say no because it is not solving a problem. It's saying, "Let's bring it up to standard," which would be nice. Crosby indicated Printup's vacation perspective made sense to him. Seals stated she wrote down, "What problem are we solving? Is it something we're creating right now as we're talking?" She is not hearing from the neighborhood, which is the majority, that it is a true problem. The true problem is the City has not maintained the true location of a trail. Whether it's complicated or not, the City is going to have to spend money. Johnson and Walsh noted that it is not a City -designated trail. Seals clarified that she meant the other spot, where it should be. Walsh stated the City does not have a trail. A neighbor just happened to make a trail. Seals said that's where the City should put one. Walsh added if the possibility was to be able to put a trail there. Seals agreed with his statement. Page 17 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Johnson asked if the City had the option of letting the neighborhood make a trail on City land and the City could wash their hands of it. Walsh noted that it is really steep and asked Johnson if he had walked it. Johnson said he had. Walsh said it is not something where you would just clean the brush and start walking down it, especially if it's wintertime, because you will just slide down the hill. Johnson said if the neighborhood didn't have an opinion, he would be prepared to do what's proposed. He is not worried about the even exchange. If a resident gives the City some land to make it better for public use and they get some land out of it and the City is not going to use it, it's fine. But it's clear the neighborhood does not want this. The hammerhead was put in because the City thought they might as well make it a little better because it's a new road, and let the citizens of that street know they can go on City land to get to that trail and leave it up to them about exactly how that goes. He said the applicant has every right to keep people off his property. The neighbors are saying they don't need the City to solve this problem for them. They'll find a way with their machetes or whatever they want to do out there. He asked if the City has the authority to say, "Yeah, go ahead. You can use the City property to gain access." Walsh said the City does not need to give the residents permission. It's already City property, and they can go through it any time they want. Crosby asked about going farther down, do the hammerhead, and then let the citizens connect the trail. Walsh stated the Council can't say, "Let them build a trail." Johnson stated just walking it is not the problem, that they're talking machetes and chain saws. Mattick noted he hears some support for the idea of getting rid of some of the area. The legal standard is whether the City needs all of that Right -of -Way and whether it's in the interests of the public to keep it. If the Council were saluting the plan, then there would be a clear plan going forward in terms of what gets vacated. He is hearing, "We'll maybe try and keep the trail within our Right -of -Way." At this point it is unclear, if you break away from the cul-de-sac and go to a hammerhead and keep the trail that goes forward, what the City is going to need and what the City may be willing to get rid of. If the answer is no, this spring when it's time to put the hammerhead in, part of the direction can be, "And design us a trail and show us what land we need left." The Council can City -initiate a vacation. Walsh asked if the Council could say, "Design a trail and let's figure out what it actually would cost." Mattick noted the Council could be here tomorrow trying to figure out the best route with the hammerhead versus the cul-de-sac versus the trail through the hill, having residents do City work and figuring out the liability on that. He said the City Council can put together a plan, but this proposal started out as a street vacation and then the horse trading started. It's been expressed there's a public need for this land for a certain degree of street and trail. What exactly is needed is not known, but we also don't know that we do not need it at this point. If it's premature for what the Council needs based on what's been heard from the residents, he suggested taking action accordingly. It is in the design phase as far as what the Council wants. Page 18 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh noted the Council was in the design phase last time, too. Mattick suggested the direction would be to do this in 2020. Walsh said this road is to be completed in 2020. Crosby said he thought, if the cul-de-sac was farther north, the Council would jump on board a little quicker, to have it definitely closer to the trail. Mr. Bonnett asked what purpose it would solve. Crosby said it gives it a closer connection to the trail. Mr. Bonnett stated that Seals said everyone is against them, which is categorically false. There're at least 30 neighbors that live at 45 Smith Avenue that said they cannot stand the traffic turning around in there. Two owners before that, before Ellen Phelps, they had gates with chains across their driveway because they had little kids and there were so many people turning around. Since 6Smith has opened up, it has gotten worse. He has pictures of multiple vehicles turning around, fresh tracks in the snow, from the last few days. It would be eye-opening for everybody to get a count of cars on the street. They are proposing a plan. They would like a vote on it. He thinks the proposal presented solves all of the issues, and he is not sure what moving the cul-de-sac back gets. Crosby said moving the cul-de-sac draws it closer to the trail to make sure they have access. Mr. Bonnett stated they would be providing a permanent easement trail that's as wide as the City wants it through a temporary construction easement, and asked what the purpose of moving it backwards would be other than costing more money in streets. He knows he is not giving up a lot, but it's flat land that the City needs to build a cul-de-sac to clean the area up so the next owner of 45 Smith or 40 Smith is not before the Council saying, "We really love living in Orono and it's a quiet, great place to raise our children, but what is with all this traffic on this street turning around in driveways and bowling over bushes?" It's been an issue for a long time and there's a great opportunity to address it and a plan that Staff supports, and he would really appreciate the Council taking a look at it as it's been presented. Printup moved to deny LA19-000074 — William Griffith o/b/o Theodore Bonnett, 40 & 45 Smith Avenue, Request For Street Vacation, to install a hammerhead at the end within the existing Right - of -Way, and ask Staff to mark off where the City property is so people can see it. Printup stated whether it's walkable isn't a concern right now, but at least everyone knows where the City land is for any future construction or work that needs to be done. Walsh asked whether there was a hammerhead there now. Barnhart answered there is not. Edwards said there is a hammerhead templated in the plans for the road. The haminerhead that is templated basically follows the easement. Page 19 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Seals seconded the motion. Walsh said all the City land would be staked out so everyone knows where it is in the spring. It would be nice to get some kind of design drawn to figure out what it takes to get an actual public access trail through the easements that the City already has so people don't have to deal with walking through somebody's yard. Seals stated that is why she jumped to second what Printup said. She thinks the more things can stay on public land, the better off the City is. If the City has the land, try to figure a way on it. Crosby agreed with Seals. Seals said there is no reason to put an easement on someone's land if the City has something they can work with. Walsh stated it's always workable but it's how much it costs and how long it takes. Seals said Orono has a great head of Public Works and Parks. Johnson asked to hear the motion again. Council members and Staff discussed the motion was to treat it with a hammerhead and stake out the public property so everyone can see it, no vacation, and having the already drawn -up plan of a hammerhead. Mattick clarified that Printup is denying the request and directing Staff to prepare designs for a hammerhead, then extending the trail and he asked if that was fair. Crosby and Seals confirmed his statement. Walsh said the hammerhead has already been designed. Johnson wanted to make sure the neighbors understand where the City property is. Walsh added Staff will have direction and it can't really be done until spring. VOTE: Ayes 5, nays 0. RECESS AND RECONVENE The meeting recessed at 8:30 p.m. and reconvened at 8:38 p.m. 24. LAI 9-000086 — J. MARIE FIEGER, 580 BIG ISLAND, PERMIT FOR DOCK ON RIGHT- OF-WAY Staff presented a summary of packet memorandum. Page 20 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh said he was at the Planning Commission meeting and it was very clear the access on the public easement doesn't make a lot of sense for the applicant or from a City perspective for emergency vehicles or barges that come and deliver stuff, because if there was a dock there, they could not get there. One of the problems is that there's an overall encompassing ordinance that says you can't grant lake access, which is what the applicant is getting from her neighbor to be able to have a dock and have ease of access to her property. He does not know if tabling the application makes sense or if it makes more sense to deny it because the City wouldn't put anything there to begin with. The bigger change would be to take the existing ordinance and craft out an exception for people on the two islands, that you could get a Right -of - Way from your neighbor to get to the lake, which would be the only way to do it because it's landlocked. At the Planning Commission he said he thought that would be an easy solution to solve a problem for a landlocked piece of land in the middle of an island that's been using a gracious neighbor's land who is willing to give an easement to solve the problem. It seems to be the logical solution, to carve out something very particular for a unique situation. Printup clarified that Walsh was saying the dock would stay where it has been for half a century but they'd make it legal. Walsh said the applicant would be able to get an easement from the neighbor, which would be part of his title, that would enable her to walk down his property to the dock and it would be permanent. Right now, the City's ordinance does not allow her to do that. Printup clarified that it would stay where it's been. Walsh indicated that it would stay where it's been forever. Printup confirmed the Council would not be dealing with any City property. Walsh said the Council would not be dealing with any City property and the Council is saying no to the City property because it really does not make sense. Crosby asked if the easement would stay with the property. Walsh stated it would be a private transaction between the applicant and the neighbor across the street and it would be a permanent easement he's willing to give her across his property so she has dock access. Printup noted no one would be hitting electric lines or anything else. Walsh stated no one would be hitting electric lines or barges trying to get past her dock or anything like that. He thought it would be an easy solution but something Mattick would have to craft, and it could be ready by the first meeting in January to vote on so the applicant can move forward. Crosby asked if that language would stay with the property. Walsh confirmed that it would stay with the property and would be an easement that would basically give her permanent access. Johnson stated it seems to him they could have a dock there in the City easement, based on the ordinance for the zoning district. Page 21 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh agreed it was possible. Johnson said it would have to be approved by the Council. What he likes about denying it on the City land is, there are quite a few more interior lots. This applicant owns two. From what he can tell, one of them is for sale. He does not know if they are putting both in there, but the City could be looking for a place for a second dock. Walsh stated it wouldn't be the City. Johnson said now there's an ordinance in place that says they can put a dock there, but the other ones that are in the interior are muted by the fact that they're owned by people that have lakeshore. The ones to the north are owned by people that already have their lake access through their own lot so it's not an issue, but at some point, it could become an issue. He asked what the City would do if there are six interior lots demanding a spot for their boat. Council members gave opinions on whether that is allowed, it could be requested or approved. Walsh stated the City land is not a feasible place to put a dock. Johnson agreed and said that is why there is some latitude within that ordinance about the City saying where it can be and they can approve it and it's annually renewable and can be cancelled by the City. He wanted everybody to be mindful that there are other ones there. Walsh said that is why the City needs to sculpt the language very tightly as far as what it applies to. Johnson noted the property owner would need cooperation from the LMCD. Walsh stated the City can't solve that issue. He said if that gives them lake right access, then they should be able to get a dock from the LMCD. Printup asked if there is anything the City should do to make it very clear why the City does not want it in the City Right -of -Way, such as the danger and the barges and the flow of traffic. Walsh noted at the Planning Commission a lot of the neighbors said, because of the width, if you put a dock there, a barge bringing materials there could get there but they would probably be parking on private property. Then there are issues with barges going on private property versus the access that's supposed to be for them, and who can and can't go on the dock. Johnson added there's power lines and dock storage issues. Walsh confirmed there's power lines under the water in the mud and said if someone hit one of those, who knows what could possibly happen. He does not think anything shows or anyone knows where that is located under the water. Crosby asked if Walsh wanted the City to draft something on this item. Page 22 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh confirmed he did and that it would be up to Mattick, understanding where the City Council is going with it and with Staff knowing all the feedback. Mattick said he does not necessarily hear a desire to take what's on the books off the books, but perhaps to expand what is allowed in this particular situation. Walsh stated the Council wants to give someone in the interior of an island, and dedicate what those islands could possibly be, an easement from a neighbor to be able to get lake access. Johnson added that is something everyone wants except one neighbor to the east. Walsh stated it's a denial because it does not make any sense and he thinks everybody is in agreement. He asked if everybody is in agreement to have Mattick work with Staff to come up with a very tight -knit exception rule to the ordinance the City has, because the City has islands that have no roads or anything else to them. Barnhart suggested a table action and then let Staff come back with an ordinance that allows the direction the Council has provided and then the City Council can make a decision based on two options available. If it is denied and the Council does not end up approving an ordinance, the Council has taken away the ability for the property owner to have the access. If there are a couple of options, Staff can move forward before the City Council makes a final decision. Walsh stated that would be fine. He did not think the City Council would approve it either way because of the access. Crosby asked why the City Council couldn't deny. Walsh clarified Staff is saying leave the door open just in case something weird happens and the City Council gives them access and says, "That's where you're going to have access" even though they don't want it there. Walsh responded in the affirmative. Crosby said he did not see that happening. Barnhart stated from a Staff perspective the concern is that the City Council is putting all of the ability for this property owner to have access to her property through another property, and if they can't come to an agreement, they don't have options available to them. Walsh said it would be hard for them to come to an agreement until they know they have an ordinance that lets them come to an agreement and tabling it doesn't hurt anybody. Johnson asked if the Council is talking about amending the Code to allow anyone to do this. Walsh said it would be for two particular islands and it would be very, very specific. Johnson asked what the zoning district was. Page 23 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Curtis answered it was RS. Walsh noted the language could be very, very tight because there are very unique circumstances because the City has islands that have residents on them. Printup moved, Crosby seconded, to table LA19-000086 — J. Marie Fieger, 580 Big Island, Permit For Dock On Right -of -Way, with direction to Staff and Attorney Mattick as discussed. VOTE: Ayes 5, nays 0. 25. LA19-000096 — DENALI CUSTOM HOMES O/B/O DREW HUELER, 1398 REST POINT ROAD, VARIANCES Staff presented a summary of packet information. Walsh stated he agreed with Johnson when he wanted to put it on the Consent Agenda, but he was trying to get information as to what he was consenting to earlier. He is glad the applicant came down to 20%. He asked what the hardcover numbers were regarding other houses built on Rest Point Lane and Rest Point Road compared to the 25% that it is supposed to be. Curtis asked what property Walsh was referring to. Walsh stated the one across the street is pretty new. Johnson said that property has a bigger yard. The properties that flank this property are pretty small. Curtis agreed that they are narrow lots. She said she did not have the information as far as the other properties are concerned. She thought the applicant's plan in general from a rebuild standpoint is similar to what Staff has seen on that size of a lot. Walsh asked if Staff thought the hardcover generally fit the characteristics of the other lots in the area. Curtis said she wouldn't make a statement that it is because she does not have the information. Johnson said that he would say it is because he has been down there and to him it made sense. Walsh commented that it's a very small lot and it's nice to clean up what's going on there. He appreciates the applicant being willing to take that on. Johnson said the applicant added a lakeside patio with a two -foot wide deck across the back of the house and the patio comes out six feet. Johnson said the lakeside patio space made sense to him and the applicant kept it behind the 75 -foot line. Crosby asked what the total hardcover was. Curtis said it was 30.17%. The structure is 3,229 square feet; it went up 4 square feet. Johnson stated it went up 4 square feet, and that was making the deck. Page 24 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh stated the Council wants to make it livable, too. Johnson moved, Seals seconded, to approve LA19-000096— Denali Custom Homes o/b/o Drew Hueler, 1398 Rest Point Road, Variances. VOTE: Ayes 5, nays 0. 26. LA19-000063 — CITY OF ORONO TEXT AMENDMENT RELATED TO SPECIAL EVENT PERMITTING Staff presented a summary of packet information. Walsh said there have been special events consisting of rock 'n' roll bands and fireworks and even though they're blocks away, it was so big that you could hear them. There were also people doing shows at their house and bringing buses through the neighborhood, and it was upsetting the balance of the neighborhood. He asked how the ordinance would impact that scenario. Barnhart stated Staff did not propose changes in that respect. That issue was settled a couple years ago, and he did not want to reintroduce changes to that. Walsh said he was worried about that and did not want to reintroduce changes to that. Barnhart stated none of that was changed. He said he has heard from a number of people that have been impacted by fireworks, and Staff is not confident that notice has always gotten out. As a condition of the approval, it is required that notice be sent out to all property owners ten days in advance. He is proposing that Staff take care of the notice for the activities that go to the City Council so that Staff can be sure notice is getting out. Ultimately, the City Council can review the plan and provide some conditions. Walsh stated the information says there's no limit to how many special events someone can have and it seems a little bit like Pandora's box if somebody essentially said they were going to be an event center. Crosby said they're not in the commercial business. Seals asked whether someone doing that would make their house a commercial business because they're a profit center. Walsh stated the information says there's no limit on how many special events someone can have. Seals asked if that would put someone in a different category. Walsh asked if the City Council has that language now, that there's no limit to special events. Barnhart said there isn't, and that it was a central issue a couple of years ago. Crosby asked wouldn't it change the language to be described as more of a commercial -type property. Mattick suggested limiting the number of special events. Page 25 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh also suggested limiting the number of special events. He asked if there is a number that would be reasonable so that somebody can't have special events every Friday and Saturday night. He asked what is defined as a special event. Barnhart stated they spent time defining what a special event is and asked the City Council to look at it carefully. Johnson said the information defines what a private event is and what a special event is. A private event is a special event but a private event has its own definition. In large part, it distinguishes that it's 20 or more on -street parking spaces at the same time. Walsh stated the City found out it is impossible to police that because no one knows whose cars they are. There was a concert event, and the police had no way to verify whose car was whose and whose car was going where. Johnson stated that was his thought exactly. He said the language states "open houses held as part of a home tour." He thinks they were addressing the Parade of Homes and things like that, but there's a lakeshore tour that goes on four times a year and all the brokerages do it in the same four-hour window on a certain date. They are not getting a permit from the City. Barnhart noted the City is issuing a number of special event permits for home tours throughout the year. Johnson said in that specific example it seems the City is overreaching and asked how to get it defined to protect abutting property owners from issues. Walsh said it is a difficult issue and the City Council spent a lot of time and has never come up with a silver bullet. For instance, the police said the 20 cars idea does not work. Johnson said if they park 20 cars on their lawn, they can sneak by the definition. Walsh agreed they can if they have a big enough yard, and there are a lot of big yards in Orono. Barnhart stated that was an excellent point and asked, if you park a vehicle on your property, what is the concern from a street traffic standpoint or blocking of visibility. Other issues may trigger the special event such as the amplified noise or the hours, but not the number of cars parked on your own property. Crosby asked what other Cities were doing. Barnhart said it is all over the board. Walsh noted the City spent a lot of time with the concert event trying to figure things out. Printup said as soon as you think you have it figured out, it bumps up against something else that causes problems. Walsh stated you do not want to tell somebody who wants ten girlfriends or buddies over for beers that they have a special event. Page 26 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Seals asked what a special event permit costs. Barnhart said possibly $50, although he did not want to be quoted on the amount. Seals stated that amount is super affordable. Johnson said it is tricky because an estate sale is one of the examples. Crosby suggested the Council review Staffs information and give input later. Walsh clarified that Barnhart wanted the Council to read it more and come back in January. Barnhart asked the Council to start the review process. He suggested there could be a workshop in January to review comments. A lot of time was spent on issues in February 2017, and he did not want to reintroduce issues that he thought had been settled but is focused on trying to clean up the process. MAYOR/COUNCIL REPORT Seals said the Christmas tree lighting took place and it was fun. They added lighting on the hill which kept people moving and outside. Lots of residents said it was amazing. She suggested the event continue and get a little bigger each year. Walsh commented when he went there, 15 people were sledding. The wintertime hours were not posted at the clubhouse. Seals noted there needs to be a sign outside that says when they are open. She is working with Staff to put something on Facebook to alert people that it is now open. Printup and Johnson had no comments. Crosby said the Christmas tree event was fun. Walsh sent heartfelt condolences to the helicopter crash victims from the National Guard which happened in Minnesota and said flags are at half-staff because of the crash and the anniversary of Pearl Harbor. Seals said she is starting to work on the Oktoberfest celebration. CITY ADMINISTRATOR REPORT 5. ADOPT 2020 FEE SCHEDULE ORDINANCE NO. 235, THIRD SERIES Seals said she pulled Number 5 off the Consent Agenda because there were lots of items she did not recall the City Council talking about and they should be discussed because some were pretty drastic changes. Walsh asked if there were ones in particular that jumped out. Page 27 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Seals said for the New Development Land Use, there was a single-family residential 5 -acre zone, and it used to be a maximum fee of $16,000 but there was a trunk fee of $3,200, and now it's $16,000. She needs to be able to explain that change. Rief said that if you take the number of acres times the $3,200 number, the number is $16,000. Seals asked for a run through of the items in yellow that the Council did not discuss, because if the City is increasing fees, the Council should be able to explain them. Barnhart said Staff added notes in yellow to most of the zoning applications to illustrate to the user they were going to be charged consultant fees, which include the City Engineer and the City Attorney. They would be charged an escrow and may also be billed consulting fees. He discussed the Preliminary Plat Extension Fee of $275 and 2nd And Subsequent Variance Fee of $50. Seals asked why the City is getting rid of the escrows on those but keeping the escrow on the other ones. Barnhart said there is no need to have an escrow for those applications. The escrow for Vacation: Easement Associated With A Subdivision is also being taken out. Zoning Permit Signs is $50. When the City did the sign Code a year earlier, they did not update the fee schedule, so that's what is happening. City Code requires a permit for the first time anyone puts a dock in on any lot. Johnson asked if it was the first time ever, or the first time for a new owner. Barnhart said it was the first time ever. Johnson asked that the item be removed. Barnhart said the reason why it is listed is because City Code requires it. It would need to be removed from the City Code. Johnson asked if anyone knew there was such a fee. Walsh and Seals said they never heard of it. Walsh agreed that it would be a good fee to get rid of. Johnson asked that it be earmarked. Barnhart said sometimes closers ask for verification of flood zone information, and since it takes time to complete a zoning confirmation letter, the City is recuperating some of the expense. Crosby asked if the tent canopy was for a boat house or if it is dock -related. Barnhart said it is not dock -related but if someone puts up a tent. Johnson asked if the zoning confirmation letter consisted of a citizen asking for proof of their zoning and then the City charges them $50. Page 28 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Barnhart said it is usually closers/title companies who are asking for verification. If a resident calls to ask about zoning of a property, the City answers the question and there is no charge. He said his rule of thumb is, if it takes more time to fill out the receipt, he does not charge a fee. Some retaining walls will trigger a City Council review, and they want to be upfront about that. Regarding Site Inspection Without Permit, Staff added the 8% interest for unpaid charges. Staff will go to the site and review and provide feedback. If it is not paid, there is no escrow to tie it to, so there is interest charged. Johnson asked if that was $45 a year. Barnhart said the fee is part of the septic process. Regarding the fire inspection, it's tied to the value to be consistent with the rest of the building permits. If it is mandated by the building code, it is based on the value of the improvement, and Staff is bringing that in compliance with the building code. When Staff tried to address stormwater trunk fees, they created an elaborate program that thought of a lot of opportunities/options. There's a lot of math built into the proposal. He referred to the information regarding the single-family residential five -acre zone and the changes made. Walsh asked if Staff was just getting rid of extra words. Barnhart confirmed his statement. Seals and Walsh discussed the equation and cost for one-half acre, 1 -acre, and 2 -acre parcels. Johnson asked if the City's expense on a 2 -acre lot over a 5 -acre lot is $8,000 more. Barnhart said that was the arithmetic done in 2015. The numbers are different based on the land uses and based on the zoning district. He is not proposing any changes to the actual number, he is just removing some words. He noted there are several categories of zoning districts. Seals asked if there were any stormwater and drainage trunk fees anymore for multi -family residential. Barnhart and Walsh said those were still on the document. Crosby said they are 8,490. Johnson asked if the City has a commercial marina license. Barnhart said it is in the Code, there is a fee, but it could be removed. Walsh suggested getting rid of it in addition to the one-time dock permit fee. Johnson said he thought the Council already got rid of it. Walsh clarified that the City Council agreed to not license them. Johnson clarified that he was talking about the multi -dock. He thought the City Council got rid of the multi -dock because the City Council was not doing anything for them. Barnhart said the City still issues those. Page 29 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh noted they are still issued in the spring. Johnson asked if there was a charge. Barnhart confirmed that the City charged. He said that was one of the things that was going to be removed and he would add it to the list. Walsh said he thinks it is good on the multiple -dock license so the City keeps track of how many are being put out. Crosby agreed it should be kept. Barnhart said it perhaps could be done with a permit. Johnson said that is what the City Council talked about, is doing a permit. Walsh agreed that it made sense. Johnson asked what the City was charging for. Walsh said it was keeping track of the permit. Johnson said that's why the permit made the most sense. Barnhart said the rental license fee was directed by the Council in the amount $100 for a 2 -year term. Johnson asked where that came from. Rief said when the City adopted the rental license program, that was the fee. Walsh clarified that it is for residential. Rief said it is a residential rental license. Johnson said he did not know when the City Council talked about the two years because it is one year now. Barnhart and Rief said it's two years. Johnson asked if it's always been $100 for two years. Rief confirmed that it has. Barnhart said it is the end of the first two-year term. Olson said there are connection fees for connecting to existing sewer lines. Occasionally there is a sewer project and someone will elect not to be in the sewer project and a few years later their septic system will Page 30 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. fail and they will ask to be included. Since there are assessments and they're set at interest rates ranging from 4-5 to 8%, the City increases the connection fee with the associated projects by the amount of the interest on the special assessments each year. After the special assessments are paid off, there is a flat amount for connection to an existing sewer system. The assessments get paid off and maybe it's 20-30 years since the sewer project went and adjustments are made. There were many sewer line connections that Staff was adjusting each year, some of the fees were getting into $30,000-40,000 and the premise that someone opted out of a project and opted back in a few years later to avoid some costs does not hold true anymore, so Edwards and he figured out what might be reasonable. He said this is not a change, it's been done this way for a number of years. He noted Staff spent a lot of time talking about utility service charges at a work session and asked if he needed to go into them in detail. Johnson, Walsh, and Seals stated he did not. Johnson moved, Printup seconded, to Adopt The 2020 Fee Schedule. VOTE: Ayes 5, nays 0. 6. COST OF LIVING ADJUSTMENTS FOR NON-UNION EMPLOYEES RESOLUTION NO. 7053 Olson said the fee schedule is set up with steps and grades, everyone is in an assigned grade when they start, and each year the scale is adjusted based on a cost -of -living increase. The scale moves up; no one moves from step to step. It is similar to the cost -of -living increase negotiated in union contracts. Seals said she pulled the item because the employees are not union employees so the City has the ability to do something greater and she feels that is owed to them. She said Printup and herself have been pushing for a performance review system. Theoretically, she would love Rief to say, "Here are my people. Adam knocked it out of the ballpark. I want to give Adam a 5 or 6% raise." She said Staff is selling themselves short by this methodology. She would have no problem telling a resident the City Council gave some of the staff higher raises because they're amazing. She is not okay approving it because she wants Staff to come to a plan and let other Staff see what it looks like when they realize Orono is a performance -driven city. She recommended tabling the item and having Rief come back with a proposal that is performance -driven. Retroactive raises can be given. If the Council says yes to the proposal, it is kicking the can down the road for another year. Johnson said he's been on the Council for a year and one of the first meetings included conversations about not having employee reviews done and the system Staff agreed to pay for, and a year later he has not seen any commitment to having that data. He agreed with Seals that performance should be rewarded. The City is failing by not having formal reviews. He is not in favor of doing a broad -stroke increase, which is not an indication of any specific person's performance but the group as a whole. Seals said the City Council can't speak about anyone's specific performance because there are no reviews. She noted there is even a review system at a small non-profit soccer club she is involved in. She suggested tabling it and asked Rief to come back with something. Crosby said he is in favor of the reviews but asked if union employees would have an issue. He likes the idea of incentive -based pay and it makes sense to him. Mattick said typical compensation for local units of government are, when you are hired you fall within a grid and two things happen: Usually on an annual basis you are reviewed. If your review goes well, you Page 31 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. move up in that grid by a slot and then at the 1 st of the year you get what's referred to as a COLA (Cost of Living Adjustment). With COLA, if you make $50,000 in 2019, the goal is to make the equivalent in 2020. The cost of living can be argued, whether it should be 2 or 3%, but COLA is not performance- based, it's based on keeping an employee the same. He felt what was proposed is a COLA, not a performance-based raise. He indicated there can be reviews in terms of performance-based or where people fall on grids. Sometimes people get to the top of grids and then all they have is their COLAs and it can go to a performance-based. In the private sector, a department gets a certain pool of money and how it is distributed varies: high performers, low performers, met expectations. It isn't typically seen at the local government. Johnson noted you don't see local governments that are going to be debt -free, either. Walsh asked what the drawback would be that might impact unions. Mattick said unions look for internal consistency, so the minute you ink one, when it is up for a Collective Bargaining Agreement, they will see the percentage given and they're going to look for internal consistency. If you find yourself in a situation where you're arbitrating, one of the things arbitrators look for is internal consistency. They go beyond your negotiated unit. They will look at what was done with other folks. If Adam gets 7%, the 49ers underneath him could think that looks like the new norm. That is the climate you find yourself in sometimes. Council members discussed a payment situation from ten years earlier. Crosby suggested building in the automatic COLA of 3%, but also building in the possibility for a bonus based on a performance review. Johnson asked how it got to 3%. Rief said the Police and the Police Sergeants receive 3%. Crosby stated legitimately that is an inflation figure. Rief said he received 20-25 emails in the past week about cities around the state, and if he took the average, it would be a 2.85 - 2.9% increase. Walsh said he would love to be the capitalist guy because he does that in his office, but in government there are different issues and you are more constrained and you have to look at the unintended consequences of actions. The City Council needs to follow through with what they have, although Staff still need to get reviews. Rief said they are beginning the process right now. Mattick said the thing to keep in mind is, whether you're giving COLAs or raises, annual performance reviews are critically important to an organization. One does not need to be contingent on the other, but performance reviews have to happen. When he does training on those types of personnel issues, annual performance reviews are mandatory. Whether they are hooked to the COLA is up to the Council. Page 32 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh said he did not think they should be hooked because then you're setting yourself up. It is something that has to get done, and it is on Riefs shoulders to get it done. Crosby said he did not think it would be bad to draft some type of bonus structure for the performance pay reviews on top of the COLA. Walsh stated he would not put anything in writing because if you do that, you get into negotiation problems with unions and they start saying, "Well, this is a built-in gift amount." Printup added that even though they are separate, they are not separate. The unions will be keeping an eye on everything. Rief said the unions would make sure the money is paid out to them no matter what. Mattick said when you negotiate union contracts, there is a provision in the statutes that talks about the ability to negotiate backward for the term of the contract because communities were finding themselves not settling contracts until they were six months into the new term. The law allows you to go back to January 1. There is no such law for non -represented units, so there's a concern about can you legally go back and retro someone who isn't part of a Collective Bargaining Agreement. He indicated if the Council tables this, he would be cautious to make any sort of motion clear that the 3% is coming upon a successful performance evaluation or whatever the Council chooses to do. It should not be deemed retro pay. Walsh said the issue stands alone and the HR thing is separate and has to continue moving forward. Seals said it feels like it is being brought in at the 11th hour so the Council has no choice because it's the last meeting of the year. Walsh said he did not feel it was the 11th hour because the Council has been talking about the unions and dealing with the unions for months and the Council has talked about that it's going to be pretty much the standard par with the non-union employees. Seals agreed with Walsh's statement and added that it is not the 11th hour when it comes to performance reviews because the Council has been asking for that for two -plus years. Crosby stated performance reviews should not be tied to this. Seal moved, Crosby seconded, to approve Resolution No. 7053, Cost Of Living Adjustments For Non -Union Employees and also give Staff direction to give performance reviews in the first month of January. VOTE: Ayes 5, nays 0. CITY ATTORNEY REPORT None. Page 33 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. ADJOURNMENT Crosby moved, Printup seconded, to adjourn the Orono City Council meeting at 9:41 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 34 of 34 AGENDA ITEM Item No.: 2 Item Description: Claims/Bills Date: January 13, 2020 Presenter: Ron Olson Agenda Consent Agenda Finance Director Section: 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 113072 to 113070, totaling $1,036,271.28. 3. Noteworthy Payments. Vendor Amount Description of Payment #113100 City of Long Lake $100,524.74 Payment for 4th quarter Fire Services. #1131111 Hennepin County $100,000.00 First half payment (8/1/2019-7/31/2020) Hennepin County Assessing services. #113123 Met Council Environmental Services $51,616.28 Payment for the January wastewater charges. Total amount to be paid in 2020 is $619,395.36. #113155 Sunram Construction $130,354.73 Payment for work completed on the Bederwood Park Improvements 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Prepared By: J 16 Reviewed By: ju Approved By: `)��� City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number BOLUS, CHRIS 12/12/2019 113072 121119 101-22205 Escrow Refund LA19-000018 320 Stubbs Bay BOLUS, CHRIS 12/12/2019 113072 121119 101-39615 Escrow Refund LA19-000018 320 Stubbs Bay BOLUS, CHRIS 12/12/2019 113072 121119 101-22205 Escrow Refund LA19-000061 320 Stubbs Bay Total 113072: Bridgewater Bank 12/12/2019 113073 121019 101-10305 GC Change Fund Total 113073: MACAULAY, ASHLEY 12/12/2019 113074 121019 101-22205 Escrow Refund Z19-000019 4100 Elm Street MACAULAY, ASHLEY 12/12/2019 113074 121019 101-39615 Escrow Refund Z19-000019 4100 Elm Street Total 113074: A 1 ELECTRIC SERVICE OF WA 12/20/2019 113080 21887 602-16500 LS #9 Generator Install - Final A 1 ELECTRIC SERVICE OF WA 12/20/2019 113080 21888 101-43000-404 Replace Time Clocks - OCB Rd Total 113080: APPRIZE TECHNOLOGY SOLUT 12/20/2019 113081 19101 101-41900-319 Administrative Fee 12/19 Total 113081: ASPEN EQUIPMENT 12/20/2019 113082 10211572 701-49800-221 Repair Unit #409 Plow Mount ASPEN EQUIPMENT 12/20/2019 113082 10211980 701-49800-221 Repair Unit #409 Plow ASPEN EQUIPMENT 12/20/2019 113082 244917 101-42110-226 Sergeant Uniform -Incorrect Vendor Total 113082: Aspen Mills 12/20/2019 113083 248027 101-42110-226 Uniform Total 113083: AWWA 12/20/2019 113084 7001723066 601-49400-433 01/20 -12/20 -Membership D.Goman Total 113084: BARTON SAND & GRAVEL CO 12/20/2019 113085 191130 101-43000-224 Winter Patch Mix Department Public Works Department Central Services Police Department Police Department Water Public Works Department Page: 1 Jan 09, 2020 12:51 PM Invoice Amount 1,000.00 30.00- 2,500.00 1,000.00 30.00- 970.00 626.50 350.92 977.42 567.00 567.00 1,121.19 63.60 1,787.80 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Check Check Invoice Invoice GL Account Payee Issue Date Number Number Total 113085: Description Department Invoice Amount 1,787.80 BOLTON & MENK INC. 12/20/2019 113086 0243475 602-16500 1405 Rest Point Rd LS 3,141.00 BOLTON & MENK INC. 12/20/2019 113086 0243477 101-43280-304 LA19-000022 Willow Bay Sanctuary Special Services 748.00 BOLTON & MENK INC. 12/20/2019 113086 0243478 101-43280-304 LA18-000034 2635 Kelly Pkwy Special Services 344.00 BOLTON & MENK INC. 12/20/2019 113086 0243479 101-43280-304 15-3739 Mooney Lake Preserve Special Services 258.00 BOLTON & MENK INC. 12/20/2019 113086 0243480 101-43280-304 LA18-000062 387 Orono Orchard Rd Special Services 236.00 BOLTON & MENK INC. 12/20/2019 113086 0243481 101-43280-304 LA18-000072 2709 Walters Port Lane Special Services 513.00 BOLTON & MENK INC. 12/20/2019 113086 0243482 101-43280-304 14-3687 Northern Oaks Special Services 172.00 BOLTON & MENK INC. 12/20/2019 113086 0243483 101-43280-304 LA19-000022 Willow Bay Sanctuary Special Services 5,251.00 BOLTON & MENK INC. 12/20/2019 113086 0243484 651-16500 2019 Drainage Improvements 19-029 7,013.50 BOLTON & MENK INC. 12/20/2019 113086 0243485 602-49450-305 Sanitary Sewer GIS Sewer 330.00 BOLTON & MENK INC. 12/20/2019 113086 0243485 601-49400-305 Water GIS Water 360.00 BOLTON & MENK INC. 12/20/2019 113086 0243485 651-49910-305 Storm Sewer GIS Storm Water 90.00 BOLTON & MENK INC. 12/20/2019 113086 0243485 101-43170-305 GIS Maintenance Engineering 2,395.00 BOLTON & MENK INC. 12/20/2019 113086 0243486 101-43170-304 Misc Engineering Engineering 30.00 BOLTON & MENK INC. 12/20/2019 113086 0243487 602-16500 2019 Sewer Improvements 19-013 7,296.00 BOLTON & MENK INC. 12/20/2019 113086 0243488 435-48972-304 2019 Street Improvements 19-001 6,408.00 BOLTON & MENK INC. 12/20/2019 113086 0243489 435-48973-304 2020 Streets Improvements 20-001 2020 Street Improvments 29,283.00 BOLTON & MENK INC. 12/20/2019 113086 0243490 225-45200-304 Bederwood Park Improvement 19-032 8,824.50 BOLTON & MENK INC. 12/20/2019 113086 0243491 225-45200-530 Big Island Improvement Phase 1 19-033 7,416.00 BOLTON & MENK INC. 12/20/2019 113086 0243492 601-16500 CR 15 & 19 Reconstruct 19-021 1,020.50 BOLTON & MENK INC. 12/20/2019 113086 0243492 602-16500 CR 15 & 19 Reconstruct 19-021 1,020.50 BOLTON & MENK INC. 12/20/2019 113086 0243493 225-45200-304 East Long Lake Trail 20-029 10,241.00 BOLTON & MENK INC. 12/20/2019 113086 0243494 402-48055-304 OCB Project 18-021 OCB Road Reconstruction 620.00 BOLTON & MENK INC. 12/20/2019 113086 0243495 101-43280-304 Orono Preserves Special Services 472.00 BOLTON & MENK INC. 12/20/2019 113086 101-43280-3 101-43280-304 LA19-000084 1360 Baldur Park Rd Special Services 64.00 Total 113086: 93,547.00 BRAD SCHOENHERR 12/20/2019 113087 120719 101-42110-226 Investigation Clothing Police Department 402.96 Total 113087: 402.96 Bract Tree Company 12/20/2019 113088 3242 101-43000-408 Maplewood Drive Tree Removal/Trimming Public Works Department 1,750.00 Bract Tree Company 12/20/2019 113088 3242 651-49910-406 Maplewood Drive Tree Removal/Trimming Storm Water 1,750.00 Total 113088: 3,500.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BUSINESS ESSENTIALS 12/20/2019 113089 WO -1041934 101-41900-201 Multipurpose Paper Central Services 233.10 Total 113089: 12/20/2019 113091 061119-3 101-41500-208 Payroll Newsletter Finance Department 233.10 CAMPBELL KNUTSON 12/20/2019 113090 OOOOG-168 101-41600-307 Centerpoint Agreement Law/Legal Services 341.00 CAMPBELL KNUTSON 12/20/2019 113090 OOOOG-168 602-49450-307 LS Easement Sewer 119.00 CAMPBELL KNUTSON 12/20/2019 113090 OOOOG-168 101-41600-307 Liquor Violation Law/Legal Services 116.00 CAMPBELL KNUTSON 12/20/2019 113090 OOOOG-168 101-41600-307 Litigation Law/Legal Services 883.50 CAMPBELL KNUTSON 12/20/2019 113090 OOOOG-168 101-41600-307 General Legal Law/Legal Services 390.80 CAMPBELL KNUTSON 12/20/2019 113090 OOOOG-168 101-41600-307 Verizon - Colocation Agreement Law/Legal Services 542.50 CAMPBELL KNUTSON 12/20/2019 113090 0004G-156 101-42110-307 Police Matters 11/19 Police Department 217.00 CAMPBELL KNUTSON 12/20/2019 113090 0115G-111 101-41600-308 Code Enforcement/Ord Violation 11/19 Law/Legal Services 93.00 CAMPBELL KNUTSON 12/20/2019 113090 0150G-101 101-43290-800 Contempt Matter 11/19 Special Projects -Contingencies 341.00 CAMPBELL KNUTSON 12/20/2019 113090 0201G-90 101-41600-307 Misc Recordings 11/19 Law/Legal Services 532.25 CAMPBELL KNUTSON 12/20/2019 113090 0638G-2 101-43280-307 LA19-000069 3315 Crystal Bay Rd Special Services 75.00 CAMPBELL KNUTSON 12/20/2019 113090 0643G-1 101-43280-307 LA19-000074 40/45 Smith Ave Special Services 100.00 CAMPBELL KNUTSON 12/20/2019 113090 0644G-1 101-43280-307 LA19-000078 3245 Wayzata Blvd W Special Services 100.00 CAMPBELL KNUTSON 12/20/2019 113090 0645G-1 101-43280-307 LA19-000079 580 Sandhill Dr Special Services 75.00 CAMPBELL KNUTSON 12/20/2019 113090 0646G-1 101-43280-307 LA19-000081 3135 Jamestown Rd Special Services 75.00 CAMPBELL KNUTSON 12/20/2019 113090 0647G-1 101-43280-307 LA19-000082 1973 Fagerness Pt Rd Special Services 75.00 CAMPBELL KNUTSON 12/20/2019 113090 0648G-1 101-43280-307 LA19-000083 315 Crestview Ave Special Services 100.00 CAMPBELL KNUTSON 12/20/2019 113090 0649G-1 101-43280-307 LA19-000087 4156 Highwood Rd Special Services 40.50 CAMPBELL KNUTSON 12/20/2019 113090 0651 G-1 101-43280-307 LA19-000041 3570 Ivy Place Special Services 516.00 CAMPBELL KNUTSON 12/20/2019 113090 0801G-51 101-41600-307 Council Meeting 11/19 Law/Legal Services 325.50 CAMPBELLKNUTSON 12/20/2019 113090 0802G-51 101-42400-307 B&Z Assistance 11/19 Building & Zoning 1,705.00 CAMPBELL KNUTSON 12/20/2019 113090 0803G-42 101-41600-307 Ordinances 11/19 Law/Legal Services 1,116.00 Total 113090: 7,879.05 CARDMEMBER SERVICE 12/20/2019 113091 050919-2 101-45200-225 Landscape Blocks - Girl Scout Project - Lurton Parks 490.31 CARDMEMBER SERVICE 12/20/2019 113091 061119-3 101-41500-208 Payroll Newsletter Finance Department 299.00 CARDMEMBER SERVICE 12/20/2019 113091 100219-1 710-49970-221 Wireless Headset 115.19 CARDMEMBER SERVICE 12/20/2019 113091 110419-1 101-42110-437 2020 IACP Conference Police Department 1,359.78 CARDMEMBER SERVICE 12/20/2019 113091 112519-3 101-42400-437 Building Official Training Building & Zoning 720.00 CARDMEMBER SERVICE 12/20/2019 113091 112719-3 101-43290-800 Tree Lighting Event Cocoa Special Projects -Contingencies 14.56 CARDMEMBER SERVICE 12/20/2019 113091 112719-4 101-43290-800 Tree Lighting Event Supplies Special Projects -Contingencies 114.25 CARDMEMBER SERVICE 12/20/2019 113091 120419-1 101-41410-437 Elections PNP Training Elections 11.00 CARDMEMBER SERVICE 12/20/2019 113091 120519 101-42110-437 Training - M. Fournier Police Department 259.00 CARDMEMBER SERVICE 12/20/2019 113091 120519-1 101-42110-437 Training - McCoy Police Department 99.00 CARDMEMBER SERVICE 12/20/2019 113091 120519-2 101-45200-225 Replacement Tree ID Sign - Lurton Parks 399.93 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Payee CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE Ia- MEfKI1Isy CARGILL SALT CARGILL SALT Total 113092 CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN Total 113093 Century Link Total 113094: CenturyLink Total 113095: Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount 12/20/2019 113091 120619 701-49800-212 Non -oxygenated Gas Public Works Department 24.82 12/20/2019 113091 120619-1 101-41300-489 Staff Development Administration 21.51 12/20/2019 113091 120619-2 101-41300-489 Staff Development Administration 69.11 12/20/2019 113091 120619-3 101-45200-416 Big Island Security Camera Parks 19.98 12/20/2019 113091 120619-4 101-43290-800 Tree Lighting Event Cookies Special Projects -Contingencies 135.22 12/20/2019 113091 120719 101-42110-402 Squad #261 Carwash Police Department 13.00 12/20/2019 113091 120719-1 101-42110-212 Fuel for Squad #261 Police Department 15.04 12/20/2019 113091 120819 101-42110-489 Santa Visit to Assisted Living Facilities Police Department 32.21 12/20/2019 113091 120919 101-41110-439 Cookies for CC Meeting 12/9/19 Mayor & Council 4.49 12/20/2019 113091 121019 101-42110-439 Dept Training Meeting Police Department 11.06 12/20/2019 113091 121119 101-42110-437 Training for K. Russeth Police Department 259.00 12/20/2019 113091 121319 101-41300-489 Staff Development Event Administration 959.66 12/20/2019 113091 121619 601-49400-437 Rural Waterschool - Maurer, Schumann, Rathbun, O Water 1,000.00 12/20/2019 113091 121819 101-42110-489 Santa Visit to Assisted Living Facilities Police Department 50.00 12/20/2019 113091 121819-1 101-42110-229 Explorer Equipment & Uniforms Police Department 197.74 C GLIA OG 12/20/2019 113092 2905147503 101-43000-224 Road salt Public Works Department 8,655.14 12/20/2019 113092 2905150215 101-43000-224 Snow Season Road Salt Public Works Department 2,205.44 10,860.58 12/20/2019 113093 112119 602-49450-381 1222 Bracketts Pt Rd Gas 10/21-11/19/19 Sewer 17.13 12/20/2019 113093 112719 601-49400-381 Gas 10/22-11/19/19 Water 594.20 12/20/2019 113093 112719 602-49450-381 Gas 10/22-11/19/19 Sewer 514.93 12/20/2019 113093 112719 101-41900-381 Gas 10/22-11/19/19 Central Services 776.90 12/20/2019 113093 112719 101-42110-381 Gas 10/22-11/19/19 Police Department 220.46 12/20/2019 113093 112719 101-45210-381 Gas 10/22-11/19/19 Golf Course 172.28 12/20/2019 113094 120419 601-49400-321 Water Plant Phone/Internet 12/4-1/3/20 Water 138.04 138.04 12/20/2019 113095 1482041005 614-49840-329 Internet 11/8/19-12/7/19 Cable Franchise 1,059.23 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number CITY OF BLOOMINGTON 12/20/2019 113096 121219 601-49400-489 2915 Somerset Well Water Testing Total 113096: CITY OF CORCORAN 12/20/2019 113097 121919 101-42110-438 4th Qtr 2019 Toward Zero Deaths Grant Total 113097: CITY OF DAYTON 12/20/2019 113098 121919 101-42110-438 4th Qtr 2019 Toward Zero Deaths Grant Total 113098: City of Deephaven 12/20/2019 113099 121919 101-42110-438 4th Qtr 2019 Towards Zero Death Grant Total 113099: CITY OF LONG LAKE 12/20/2019 113100 00201474 101-42260-318 4th Qtr 2019 Fire Service Total 113100: CITY OF MEDINA 12/20/2019 113101 121919 101-42110-438 4th Qtr 2019 Toward Zero Deaths Grant Total 113101: CORE & MAIN 12/20/2019 113102 L629420 602-49450-406 Hydrant Replacement Case #19-010492 Total 113102: Corporate 4 Insurance Agency Inc 12/20/2019 113103 1311294 703-49960-370 CMC Policy100289 2020 Insurance Agent Fee Total 113103: FASTENAL 12/20/2019 113104 MNPLY11964 101-43000-224 Nuts & Bolts FASTENAL 12/20/2019 113104 MNPLY11969 101-43000-224 Nuts & Bolts FASTENAL 12/20/2019 113104 MNPLY11971 101-43000-224 Shop Supplies FASTENAL 12/20/2019 113104 MNPLY11971 601-49400-226 Shop Supplies FASTENAL 12/20/2019 113104 MNPLY11971 602-49450-221 Shop Supplies FASTENAL 12/20/2019 113104 MNPLY11971 651-49910-221 Shop Supplies FASTENAL 12/20/2019 113104 MNPLY11979 101-43000-224 Plow Wing Mounting Bolts Department Water Police Department Police Department Police Department Fire Protection Services Police Department Sewer Public Works Department Public Works Department Public Works Department Water Sewer Storm Water Public Works Department Page: 5 Jan 09, 2020 12:51 PM Invoice Amount 100,524.74 6,841.12 6,841.12 3,795.47 3,795.47 75.91 27.51 22.03 22.03 22.03 7.98 City of Orono 73.33 Public Works Department 1,821.45 Check Register - COUNCIL REPORT Assessing 83,333.33 Assessing 16,666.67 Check Issue Dates: 12/10/2019 - 1/13/2020 Police Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 113104: FERGUSON WATERWORKS #25 12/20/2019 113105 0348224 601-49400-227 Water Meters & Horns Total 113105: GENUINE PARTS COMPANY/NA 12/20/2019 113106 3270-461386 101-42110-402 Squad #841 Repair Parts GENUINE PARTS COMPANY/NA 12/20/2019 113106 3270-461892 701-49800-222 Oil Filter Unit #424 Task #39578 GENUINE PARTS COMPANY/NA 12/20/2019 113106 3270-461930 701-49800-240 Vehicle Maintenance - Adaptor for Grease Gun GENUINE PARTS COMPANY/NA 12/20/2019 113106 3270-462094 701-49800-222 Shop Supplies & Chipper Box Total 113106: GOPHERACE 12/20/2019 113107 A72045 701-49800-222 Chafting Fuel Gel Total 113107: GREGG PALMER 12/20/2019 113108 121819 101-43000-226 Reimb Steel Toe Boots Total 113108: GROUP HEALTH INC 12/20/2019 113109 W816636 101-42110-135 EAP health for 11/2019 Total 113109: H & L MESABI 12/20/2019 113110 05174 701-49800-221 Curb Runner H & L MESABI 12/20/2019 113110 05255 101-43000-224 Snow Plow Curb Runners H & L MESABI 12/20/2019 113110 05256 101-43000-224 Snow Plow Cutting Edge - Underbody Total 113110: Hennepin County Accounts Recei 12/20/2019 113111 1000139609 101-41550-302 1st Half 2020 Assessing Services Hennepin County Accounts Recei 12/20/2019 113111 1000139609 101-41550-302 1st Half 2020 Assessing Services Total 113111: HENNEPIN COUNTY INFOR TE 12/20/2019 113112 1000139884 101-42110-414 PD Radio Communication -11/19 HENNEPIN COUNTY INFOR TE 12/20/2019 113112 1000139907 101-43000-414 PW Radios 11/19 HENNEPIN COUNTY INFOR TE 12/20/2019 113112 1000140295 710-49970-401 Network Support 12-2019 Page: 6 Jan 09, 2020 12:51 PM Department Invoice Amount 256.14 Water 1,432.40 1,432.40 Police Department 1.98 54.21 23.99 4.69 Public Works Department 200.00 200.00 Police Department 12.00 12.00 Public Works Department 73.33 Public Works Department 1,821.45 2,809.78 Assessing 83,333.33 Assessing 16,666.67 100,000.00 Police Department 2,150.41 Public Works Department 195.57 58.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Page: 7 Jan 09, 2020 12:51 PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 113112: 2,403.98 HENNEPIN COUNTY SHERIFF 12/20/2019 113113 1000140394 101-41600-309 Jail Charges-Nov/2019 Law/Legal Services 1,347.00 Total 113113: 1,347.00 Hentges, Anne 12/20/2019 113114 121119 101-41300-437 Training - Mileage Administration 29.58 Total 113114: 29.58 INTERNATIONAL CODE COUNC 12/20/2019 113115 3249144 101-42400-433 ICC Governmental Membership Building & Zoning 135.00 Total 113115: 135.00 JESSICA WEIRDER 12/20/2019 113116 121819 101-19999 Auction Proceeds 3,346.50 Total 113116: 3,346.50 KOTHRADE 12/20/2019 113117 24265 602-49450-406 LS #26 Pump Out Sewer 1,400.00 Total 113117: 1,400.00 KUSSKE CONSTRUCTION 12/20/2019 113118 19 -029 -PAY 651-20600 2019 Drainage Improvements 19-029 4,645.75- KUSSKE CONSTRUCTION 12/20/2019 113118 19 -029 -PAY 651-16500 2019 Drainage Improvements 19-029 92,915.00 Total 113118: 88,269.25 LAKE MINNETONKA ERU 12/20/2019 113119 121119 101-42110-437 2020 Membership (5 officers) Police Department 3,750.00 Total 113119: 3,750.00 LANO EQUIPMENT 12/20/2019 113120 03-722281 701-49800-222 Unit #451 Repair Task 39575 47.68 LANO EQUIPMENT 12/20/2019 113120 03-722338 701-49800-222 Unit #451 Repair Task 39575 8.47 LANO EQUIPMENT 12/20/2019 113120 03-722373 701-49800-222 Wiper Repair Unit #451 Task #39575 69.49 Total 113120: 125.64 MANSFIELD OIL COMPANY 12/20/2019 113121 21575664 101-42110-212 Unleaded Fuel Police Department 2,795.62 MANSFIELD OIL COMPANY 12/20/2019 113121 21575665 701-49800-212 Diesel Fuel 947.32 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 113121: MARGARET UNG 12/20/2019 113122 121319 101-41500-331 Mileage 12/6/19 MARGARET UNG 12/20/2019 113122 121319 101-41300-489 Staff Development Event Total 113122: MET COUNCIL ENVIRONMENTA 12/20/2019 113123 0001104572 602-49450-383 Wastewater Charges 12/2019 Total 113123: Metro Sales Inc 12/20/2019 113124 INV1495740 710-49970-401 Copiers 12/19/19-03/18/20 Total 113124: MINNEAPOLIS OXYGEN COMPA 12/20/2019 113125 00051781 701-49800-221 Oxygen &Acetylene MINNEAPOLIS OXYGEN COMPA 12/20/2019 113125 00051782 101-42110-221 Medical Oxygen MINNEAPOLIS OXYGEN COMPA 12/20/2019 113125 00051783 101-42110-221 Medical Oxygen Total 113125: MINNESOTA EQUIPMENT 12/20/2019 113126 P09333 701-49800-221 Unit#621 Broom Attachment MINNESOTA EQUIPMENT 12/20/2019 113126 P88283 101-45210-221 Air Filter - GC MINNESOTA EQUIPMENT 12/20/2019 113126 P88405 101-45210-221 Rough Mower Parts Total 113126: MINNETRISTA PUBLIC SAFETY 12/20/2019 113127 121919 101-42110-438 4th Qtr 2019 Toward Zero Deaths Grant Total 113127: MUNICIPAL CODE CORPORATI 12/20/2019 113128 00337333 101-41900-352 Admin Support Fee 12/1/19-11/30/20 Total 113128: NAVARRE HARDWARE 12/20/2019 113129 321901 101-43000-224 Bungee Cord NAVARRE HARDWARE 12/20/2019 113129 321921 101-43000-224 Mailbox Task 34584 NAVARRE HARDWARE 12/20/2019 113129 321941 701-49800-240 Unit #713 Repair Task 40147 Department Finance Department Administration Sewer Police Department Police Department Golf Course Golf Course Police Department Central Services Public Works Department Public Works Department Page: 8 Jan 09, 2020 12:51 PM Invoice 3,742.94 6.38 107.53 29.70 86.10 599.21 611.96 611.96 51.98 5.99 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Page: 9 Jan 09, 2020 12:51 PM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 912.37 Police Department 630.00 630.00 235.00 Total 113129: 235.00 Police Department 55.00 55.00 NEWEGG INC 12/20/2019 113130 1302478540 101-45210-221 Golf Course Camera NEWEGG INC 12/20/2019 113130 1302547855 710-49970-221 Phone Cables - PW Trucks NEWEGG INC 12/20/2019 113130 1302549781 710-49970-221 Document Camera Total 113130: NORTH MEMORIAL 12/20/2019 113131 112919 101-42110-437 EMR Refresher - 9 Officers Total 113131: Northland Petroleum Service 12/20/2019 113132 22395 701-49800-403 Fuel Pump Leak Repair Total 113132: O SULLIVANS HOLIDAY 546 12/20/2019 113133 113019 101-42110-402 11/19 Car Washes Total 113133: O SULLIVANS HOLIDAY 547 12/20/2019 113134 113019 101-42110-402 11/19 Car Washes Total 113134: OFFICE DEPOT 12/20/2019 113135 4101347200 101-42110-201 Office Supplies - PD OFFICE DEPOT 12/20/2019 113135 4128487830 101-41900-201 Office Supplies OFFICE DEPOT 12/20/2019 113135 4128487830 601-49400-201 Office Supplies OFFICE DEPOT 12/20/2019 113135 4128487830 602-49450-201 Office Supplies OFFICE DEPOT 12/20/2019 113135 4128510340 101-41900-201 Office Supplies OFFICE DEPOT 12/20/2019 113135 4144797900 101-42110-201 Office Supplies - PD OFFICE DEPOT 12/20/2019 113135 4144801280 101-42110-201 Office Supplies - PD Total 113135: OLSEN CHAIN AND CABLE INC 12/20/2019 113136 635552 701-49800-403 Annual Hoist Inspection OLSEN CHAIN AND CABLE INC 12/20/2019 113136 648103 701-49800-403 Overhead Hoist Repair Task #34663 Total 113136: Page: 9 Jan 09, 2020 12:51 PM Department Invoice Amount 80.96 Golf Course 329.99 32.39 549.99 912.37 Police Department 630.00 630.00 235.00 235.00 Police Department 55.00 55.00 Police Department 90.87 90.87 Police Department 446.53 Central Services 28.42 Water 8.85 Sewer 8.85 Central Services 3.99 Police Department 88.65 Police Department 7.59 f V4.bt5 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number ONLINE SOLUTIONS, LLC 12/20/2019 113137 3536 710-49970-416 Citizen Serve Licensing Total 113137: PIRTEK 12/20/2019 113138 PL -T0000048 701-49800-403 Repair Pressure Washer Hose Total 113138: PLAISTED COMPANIES INC 12/20/2019 113139 29658 651-16500 Golf Course Project 19-034 Total 113139: PLUNKETT S 12/20/2019 113140 6498407 101-41900-404 Pest Centel Total 113140: PN Methodist Hospice 12/20/2019 113141 12.10.2019 101-42110-437 Professional Development - Grief Training Total 113141: Premium Waters Inc 12/20/2019 113142 850551-11-1 101-42110-201 Spring Water Total 113142: QUALITY FLOW SYSTEMS INC 12/20/2019 113143 38268 602-49450-406 GS #9 Repair Total 113143: Riverside Design 12/20/2019 113144 1673 101-42110-352 Receipt Books Total 113144: ROB HOWELLS 12/20/2019 113145 121119 614-49840-319 4th Qtr 2019 Video Streaming Total 113145: ROGERS POLICE DEPARTMEN 12/20/2019 113146 121919 101-42110-438 4th Qtr 2019 Toward Zero Deaths Grant Total 113146: Department Central Services Police Department Police Department Sewer Police Department Cable Franchise Police Department Page: 10 Jan 09, 2020 12:51 PM Invoice Amount 400.00 132.58 132.58 305.00 305.00 201.97 201.97 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount ROY C INC 12/20/2019 113147 77015 101-41900-404 Fix Front Door - CH Central Services 852.44 Total 113147: 852.44 SCOTT OBERAIGNER 12/20/2019 113148 121019 101-43000-226 Winter Jacket Public Works Department 119.99 Total 113148: 119.99 Scotty B's Restuarant 12/20/2019 113149 121819 101-42110-437 Orono Police Training Police Department 330.00 Total 113149: 330.00 SECURITY & SOUND CO 12/20/2019 113150 21966 614-16500 Council Chamber Equipment Draw 35,000.00 Total 113150: 35,000.00 SiteOne Landscape Supply LLC 12/20/2019 113151 96432222-00 101-43000-224 Sidewalk Salt Public Works Department 409.49 Total 113151: 409.49 SOUTH LAKE MINNETONKA PO 12/20/2019 113152 121919 101-42110-438 4th Qtr 2019 Toward Zero Deaths Grant Police Department 7,258.68 Total 113152: 7,258.68 STAR TRIBUNE 12/20/2019 113153 120819 101-41300-208 12/24/19 - 3/24/20 - Subscription acct 1913693 Administration 58.24 Total 113153: 58.24 STREICHERS POLICE EQUIP 12/20/2019 113154 CM284281 101-42110-226 Sampling Size Police Department .01- STREICHERS POLICE EQUIP 12/20/2019 113154 11398078 101-42110-226 Weapon Light Police Department 470.97 STREICHERS POLICE EQUIP 12/20/2019 113154 113980794 101-42110-226 Pants Police Department 199.97 STREICHERS POLICE EQUIP 12/20/2019 113154 11398799 101-42110-226 Name Tag, Tie Bar, Alteration Police Department 8.99 STREICHERS POLICE EQUIP 12/20/2019 113154 11398987 101-42110-226 Tactical Pouch Police Department 108.00 STREICHERS POLICE EQUIP 12/20/2019 113154 11399230 101-42110-550 Squad Build #258 Police Department 11,688.64 STREICHERS POLICE EQUIP 12/20/2019 113154 11399244 101-42110-226 Name Tag, Alteration, Nameplate Police Department 9.99 STREICHERS POLICE EQUIP 12/20/2019 113154 11399488 101-42110-226 Hat & Gloves Police Department 36.98 STREICHERS POLICE EQUIP 12/20/2019 113154 11400871 101-42110-226 Uniform, Equipments Police Department 4,617.49 Total 113154: 17.141.02 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Total 113155: Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 120519 SUNRAM CONSTRUCTION INC. 12/20/2019 113155 19 -032 -PAY 225-20600 Bederwood Park Improvement 19-032 SUNRAM CONSTRUCTION INC. 12/20/2019 113155 19 -032 -PAY 225-45200-511 Bederwood Park Improvement 19-032 Total 113155: 12/20/2019 113162 9843642967 101-42110-321 Internet 12/7/19-1/6/20 T W TUPY INC 12/20/2019 113156 120519 101-43000-224 River Rock to Yard Total 113156: 12/20/2019 113162 9843642967 101-42400-321 Internet 12/7/19-1/6/20 TimeSaver Off Site Secretarial Inc 12/20/2019 113157 M25272 101-41300-319 CC Meeting 11/19/19 TimeSaver Off Site Secretarial Inc 12/20/2019 113157 M25272 101-42400-319 PC Meeting 11/16/19 TimeSaver Off Site Secretarial Inc 12/20/2019 113157 M25311 101-41300-319 CC Meeting 11/25/19 Total 113157: 12/20/2019 113162 9843642967 601-49400-321 Internet 12/7/19-1/6/20 Traut Companies 12/20/2019 113158 32181 601-16500 Well #3 Screen Install & Test Pumping 19-024 Total 113158: US Bank Equipment Finance 12/20/2019 113159 400956132 710-49970-413 Copiers Total 113159: VALLEY RICH CO 12/20/2019 113160 27741 601-49400-405 Watermain Break - 2187 Shadywood Rd Total 113160: VARNER MOBILE SERVICES LL 12/20/2019 113161 7679 701-49800-402 Unit #712 Brake Cable Repair Task #33564 Total 113161: VERIZON WIRELESS 12/20/2019 113162 9843642967 101-42110-321 Internet 12/7/19-1/6/20 VERIZON WIRELESS 12/20/2019 113162 9843642967 101-41900-321 Internet 12/7/19-1/6/20 VERIZON WIRELESS 12/20/2019 113162 9843642967 101-42400-321 Internet 12/7/19-1/6/20 VERIZON WIRELESS 12/20/2019 113162 9843642967 101-43000-321 Internet 12/7/19-1/6/20 VERIZON WIRELESS 12/20/2019 113162 9843642967 101-45200-321 Internet 12/7/19-1/6/20 VERIZON WIRELESS 12/20/2019 113162 9843642967 101-45210-321 Internet 12/7/19-1/6/20 VERIZON WIRELESS 12/20/2019 113162 9843642967 601-49400-321 Internet 12/7/19-1/6/20 VERIZON WIRELESS 12/20/2019 113162 9843642967 602-49450-321 Internet 12/7/19-1/6/20 Department Invoice Amount 6,860.77- 130,354.73 Public Works Department 776.57 776.57 Administration 293.00 Building & Zoning 811.88 Administration 145.00 1,249.88 68,565.00 68,565.00 Water 3,333.76 Police Department 1,743.71 Central Services 251.07 Building & Zoning 70.02 Public Works Department 140.04 Parks 35.01 Golf Course 147.09 Water 158.57 Sewer 35.01 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Department Invoice Amount 2,580.52 12,132.45 12,132.45 Police Department 15.98 15.98 26.25 26.25 Police Department 2,958.39 2,958.39 1,474.84 Central Services 60.00 Brush Site 21.67 Golf Course 41.82 Public Works Department 172.81 Central Services Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Parks 31.98 Total 113162: WASTE MANAGEMENT RECYC 12/20/2019 113163 0061635-280 603-49500-316 Reccycling 12/2019 Total 113163: WAYZATA BAY CAR WASH 12/20/2019 113164 17755 101-42110-402 #261 Car Wash Total 113164: WELD & SON'S PLUMBING 12/20/2019 113165 120519 101-32590 Refund Permit #P19-000257 Total 113165: WEST HENNEPIN PUBLIC SAFE 12/20/2019 113166 121919 101-42110-438 4th Qtr 2019 Toward Zero Deaths Grant Total 113166: WESTSIDE WHOLESALE TIRE 12/20/2019 113167 850138 701-49800-402 Unit #712 Replacement Tires WESTSIDE WHOLESALE TIRE 12/20/2019 113167 850140 701-49800-403 Unit #451 Replacement Tires Task #39575 Total 113167: Wise Unlimited 12/20/2019 113168 651424 101-41900-201 Retirement Plaque Total 113168: Wright -Hennepin Coop Electric 12/20/2019 113169 3502765471 101-45220-381 Brush Site 11/1/19-12/1/19 Wright -Hennepin Coop Electric 12/20/2019 113169 3502765471 101-45210-381 GC Security 11/1-11/30/19 Wright -Hennepin Coop Electric 12/20/2019 113169 3502765471 101-43000-381 Electical Service 11/1/19-12/1/19 Total 113169: XCEL ENERGY 12/20/2019 113170 663831915 101-41900-381 Electric 10/21/19-11/19/19 XCEL ENERGY 12/20/2019 113170 663831915 101-42110-381 Electric 10/21/19-11/19/19 XCEL ENERGY 12/20/2019 113170 663831915 101-42110-381 Electric 10/21/19-11/19/19 XCEL ENERGY 12/20/2019 113170 663831915 101-43000-381 Electric 10/21/19-11/19/19 XCEL ENERGY 12/20/2019 113170 663831915 101-43000-386 Electric 10/21/19-11/19/19 XCEL ENERGY 12/20/2019 113170 663831915 101-45200-381 Electric 10/21/19-11/19/19 Department Invoice Amount 2,580.52 12,132.45 12,132.45 Police Department 15.98 15.98 26.25 26.25 Police Department 2,958.39 2,958.39 1,474.84 Central Services 60.00 Brush Site 21.67 Golf Course 41.82 Public Works Department 172.81 Central Services 887.43 Police Department 871.58 Police Department 29.19 Public Works Department 160.01 Public Works Department 1,928.61 Parks 31.98 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Payee XCELENERGY XCELENERGY XCELENERGY Total 113170: ZARNOTH BRUSH WORKS Total 113171: Void Check BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES Total 113172 Void Check CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH ISM51111:4041 BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES BPS PROPERTIES Total 113174: CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH Check Check Invoice Invoice GL Account Description Department Issue Date Number Number 122619 12/27/2019 12/20/2019 113170 663831915 601-49400-381 Electric 10/21/19-11/19/19 Water 12/20/2019 113170 663831915 602-49450-381 Electric 10/21/19-11/19/19 Sewer 12/20/2019 113170 663831915 101-45210-381 Electric 10/21/19-11/19/19 Golf Course 12/20/2019 113171 0178200 -IN 701-49800-221 Unit #450 Broom Repair Task 34694 12/27/2019 113172 12/27/2019 113172 122619 12/27/2019 113172 122619 12/27/2019 113172 122619 12/27/2019 113172 122619 12/27/2019 113172 122619 12/27/2019 113172 122619 12/27/2019 113172 122619 12/27/2019 113172 122619 12/27/2019 113173 101-22205 12/27/2019 113173 122619 12/27/2019 113173 122619 12/27/2019 113173 122619 12/27/2019 113173 122619 12/27/2019 113174 122619 12/27/2019 113174 122619 12/27/2019 113174 122619 12/27/2019 113174 122619 12/27/2019 113174 122619 101-22205 Escrow Refund 15-3739 Mooney Lake Preserve 101-22205 Escrow Refund 15-3739 Mooney Lake Preserve 101-22205 Escrow Refund 16-3877 Mooney Lake Preserve 101-22205 Escrow Refund 16-3877 Mooney Lake Preserve 101-22205 Refund Escrow 2015-01400 300 Sixth Ave N 101-22205 Refund Escrow 2015-01400 300 Sixth Ave N 101-22205 Apply to Invoice 20141516 101-22205 Apply to Invoice 20141516 101-22205 Escrow - Apply to Inv 20141516 101-22205 Escrow - Apply to Inv 20141516 101-22205 Escrow - Apply to Inv 20141494 101-22205 Escrow - Apply to Inv 20141494 101-22205 101-22205 101-22205 101-22205 101-22205 12/27/2019 113175 122619 101-22205 12/27/2019 113175 122619 101-22205 Escrow Refund 15-3739 Mooney Lake Preserve Escrow Refund 16-3877 Mooney Lake Preserve Refund Escrow 2015-01400 300 Sixth Ave N Apply to Invoice 20141516 Apply to Invoice 20141494 Escrow - Apply to Inv 20141516 Escrow - Apply to Inv 20141494 Invoice Amount 4,616.84 2,152.93 177.64 842.75 50,000.00 50,000.00- 700.00 700.00- 2,500.00 2,500.00- 258.00- 258.00 258.00- 86.00 nn 50,000.00 700.00 2,500.00 258.00om An - 52,856.00 258.00 86.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Page: 15 Jan 09, 2020 12:51 PM Department Invoice Amount 344.00 116.76 116.76 Police Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Police Department 250.00 250.00 Sewer 25.19 25.19 Total 113175: 66.50 66.50 Parks 265.22 ADVANCED IMAGING SOLUTIO 01/13/2020 113176 403314586 710-49970-413 PW Copier Lease 12/20/19-1/20/20 Total 113176: ALLSTREAM 01/13/2020 113177 16567060 101-42110-321 Phone service ALLSTREAM 01/13/2020 113177 16567060 101-41900-321 Phone Service ALLSTREAM 01/13/2020 113177 16567060 601-49400-321 Phone Service ALLSTREAM 01/13/2020 113177 16567060 602-49450-321 Phone Service Total 113177: Assn of Training Officers of MN 01/13/2020 113178 01/01/2020 101-42110-437 2020 Membership Total 113178: BATTERIES PLUS 01/13/2020 113179 P22591347 602-49450-406 Battery for GS #6 Total 113179: BIFFS INC 01/13/2020 113180 W748191 101-45200-415 Lurton Park Total 113180: Bob's Repair of Mayer Inc 01/13/2020 113181 004408 101-45200-402 BI Mower Parts Total 113181: BOND TRUST SERVICES CORP 01/13/2020 113182 53968 322-47000-620 Series 2014AAgent Fee Total 113182: BRIAN CLARK 01/13/2020 113183 12/30/19 101-43000-226 2019 Safety Boots Reim Total 113183: Capital One Commercial 01/13/2020 113184 3282347190 101-43000-240 Wrench, Level Capital One Commercial 01/13/2020 113184 3282347190 101-43000-221 Supplies Page: 15 Jan 09, 2020 12:51 PM Department Invoice Amount 344.00 116.76 116.76 Police Department 308.14 Central Services 431.39 Water 71.90 Sewer 215.69 1,027.12 Police Department 250.00 250.00 Sewer 25.19 25.19 Parks 66.50 66.50 Parks 265.22 265.22 475.00 Public Works Department 193.49 193.49 Public Works Department 23.87 Public Works Department 291.45 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Payee Capital One Commercial Total 113184 CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE Total 113185 CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN Total 113186: Charlene Bystrom Total 113187: Chris and Jamie Pelletier Total 113188: CITY OF BLOOMINGTON Check Check Invoice Invoice GL Account Description Issue Date Number Number 01/13/2020 113184 3282347190 101-43000-489 2x4 Lumber 01/13/2020 113185 041219 101-43290-800 01/13/2020 113185 070119-1 101-45210-092 01/13/2020 113185 072519 101-45210-092 01/13/2020 113185 117002 CF 101-42110-201 01/13/2020 113185 12/26/19 CF 101-42110-437 01/13/2020 113185 121619-1 101-45210-437 01/13/2020 113185 121619-2 101-45210-223 01/13/2020 113185 121819-2 101-42110-439 01/13/2020 113185 121819-3 101-42110-440 01/13/2020 113185 121819-4 101-42110-489 01/13/2020 113185 121919 101-45210-221 01/13/2020 113185 121919-1 101-42110-402 01/13/2020 113185 136891 101-42110-433 01/13/2020 113185 283541 -JG 101-45210-404 01/13/2020 113185 706272 JG 101-45210-240 Tree Lighting Event Ice Bags for GC Bottled Water for GC Resale CD Sleeves Traiining-Spencer, Vargas, Dembouski Pesticide License Renewal Natural Gas Fireplace Insert Items for Police Commission Mtg Shotgun - Sick/Injured Animal Santa Visit to Assisted Living - Candy Canes Utility Cart Parts Carwash - Squad #261 2020 FBI NAA Membership Window Retainer GC Bench Plate 01/13/2020 113186 11086847-8 602-49450-381 Gas Bracketts Pt LS 11/19/-12/18 01/13/2020 113186 8000015865- 601-49400-381 Gas Service 11/20/19-12/18/19 01/13/2020 113186 8000015865- 602-49450-381 Gas Service 11/20/19-12/18/19 01/13/2020 113186 8000015865- 101-41900-381 Gas Service 11/20/19-12/18/19 01/13/2020 113186 8000015865- 101-42110-381 Gas Service 11/20/19-12/18/19 01/13/2020 113186 8000015865- 101-45210-381 Gas Service 11/20/19-12/18/19 01/13/2020 113187 LA19-00089 101-22205 01/13/2020 113188 3548 IVY 999-10015 01/13/2020 113189 1900378 601-49400-489 Escrow Refund LA19-00089 Refund -Final Bill Overpayment water testing Department Public Works Department Special Projects -Contingencies Golf Course Golf Course Police Department Police Department Golf Course Golf Course Police Department Police Department Police Department Golf Course Police Department Police Department Golf Course Golf Course Sewer Water Sewer Central Services Police Department Golf Course Water Invoice Amount 630.64 86.01 9.98 13.96 12.88 777.00 10.22 2,149.00 12.98 181.00 16.11 30.43 12.00 110.00 46.12 38.16 674.55 648.62 1,193.86 387.91 191.71 ] A7A OA 700.00 700.00 200.00 200.00 31.50 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Department Sewer Sewer Public Works Department Public Works Department Public Works Department Central Services Police Department Central Services Central Services Police Department Page: 17 Jan 09, 2020 12:51 PM Invoice Amount 31.50 164.00 344.40 508.40 5,173.00 5,173.00 108.46 108.46 9,133.92 9,133.92 19.25 19.25 502.50 502.50 1 uu.uu 23.84 50.66 280.00 280.00 300.00- Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 113189: CITY OF MINNETONKA BEACH 01/13/2020 113190 092619 602-49450-387 3rd Qtr 2019 Sewer service CITY OF MINNETONKA BEACH 01/13/2020 113190 2000000676 602-49450-387 Sewer Service -4th Qtr 19 Total 113190: CIVIC SYSTEMS LLC 01/13/2020 113191 CVC18745 710-49970-416 Software Support 1/1/20-6/30/20 Total 113191: CLINT SCHUMANN 01/13/2020 113192 1/6/20 101-43000-226 reimburse Coat and Gloves Total 113192: COMPASS MINERALS AMERICA 01/13/2020 113193 559288 101-43000-224 Non Treated Road Salt Total 113193: DVS RENEWAL 01/13/2020 113194 11262019 701-49800-441 Unit #110 Total 113194: EARL F ANDERSON & ASSOC 01/13/2020 113195 0122307 -IN 101-43000-224 Sign Posts Total 113195: ECM PUBLISHERS INC 01/13/2020 113196 748227 101-41900-352 Ordinance 235 ECM PUBLISHERS INC 01/13/2020 113196 750269 101-42110-340 Drive Responsibly Ad ECM PUBLISHERS INC 01/13/2020 113196 751285 101-41900-352 Text Admendment- Seasonal Rec ECM PUBLISHERS INC 01/13/2020 113196 751286 101-41900-352 Hearing Notice January Total 113196: EDDIES AUTO AND MARINE 01/13/2020 113197 047830 101-42110-402 Oil Changes Total 113197: EVERLAST ENTERPRISES INC 01/13/2020 113198 18-00061-18- 101-39610 Escrow refund 18-00061.18-000079 Department Sewer Sewer Public Works Department Public Works Department Public Works Department Central Services Police Department Central Services Central Services Police Department Page: 17 Jan 09, 2020 12:51 PM Invoice Amount 31.50 164.00 344.40 508.40 5,173.00 5,173.00 108.46 108.46 9,133.92 9,133.92 19.25 19.25 502.50 502.50 1 uu.uu 23.84 50.66 280.00 280.00 300.00- City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount EVERLAST ENTERPRISES INC 01/13/2020 113198 18-00061-18- 101-22205 Escrow refund 18-00061,18-000079 10,000.00 Total 113198: 9,700.00 FASTENAL 01/13/2020 113199 MNPLY11993 701-49800-221 Snow Plow Wing Bolts Unit #425 83.64 FASTENAL 01/13/2020 113199 MNPLY1200 101-43000-224 Screws Task #40082 Public Works Department 14.90 Total 113199: 98.54 FERGUSON WATERWORKS #25 01/13/2020 113200 0344810 601-49400-227 Meters Water 2,126.64 FERGUSON WATERWORKS #25 01/13/2020 113200 0348225 601-49400-227 Meters Water 2,137.34 FERGUSON WATERWORKS #25 01/13/2020 113200 0348882 601-49400-227 Horns Water 816.20 Total 113200: 5,080.18 FISCHER MINING LLC 01/13/2020 113201 155242 101-43000-224 Ice Control Sand Public Works Department 1,187.05 Total 113201: 1,187.05 GENUINE PARTS COMPANY/NA 01/13/2020 113202 3270-462759 701-49800-222 Unit #430 Backhoe 20.64 GENUINE PARTS COMPANY/NA 01/13/2020 113202 3270-462760 701-49800-222 Wiperblade Unit #431 17.34 GENUINE PARTS COMPANY/NA 01/13/2020 113202 3270-463142 701-49800-222 Filters 169.74 Total 113202: 207.72 GMH ASPHALT 01/13/2020 113203 PAY 6 435-48972-590 2019 Street Improvements 19-001 8,971.52 GMH ASPHALT 01/13/2020 113203 PAY 6 435-20600 2019 Street Improvements 19-001 168.20 - Total 113203: 8,803.32 GOPHERACE 01/13/2020 113204 A69601 701-49800-222 Unit #422 Brine Tank Electrical 4.29 GOPHERACE 01/13/2020 113204 A70431 701-49800-221 Shop Vac Repair Task 34361 22.97 GOPHERACE 01/13/2020 113204 B543309 101-43000-222 Truck #426 Task #33539 Public Works Department 2.56 GOPHERACE 01/13/2020 113204 B543627 701-49800-222 Unit #422 Brine Tank Repair 39.96 GOPHERACE 01/13/2020 113204 B543832 101-45200-223 Dog Park Fence Repair Parks 4.59 GOPHERACE 01/13/2020 113204 B544674 701-49800-222 Unit #422 Brine Tank Repair 1.19 GOPHERACE 01/13/2020 113204 B544799 701-49800-221 Chipper Box Repair 22.96 GOPHERACE 01/13/2020 113204 B545695 701-49800-221 Brine Tank Supplies 16.98 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 113204: GOPHER STATE ONE CALL 01/13/2020 113205 9120650 601-49400-489 locates GOPHER STATE ONE CALL 01/13/2020 113205 9120650 602-49450-489 locates Total 113205: GRAINGER INC 01/13/2020 113206 9385136149 701-49800-222 Sidetrail Gate Bumpers Unit 431 Total 113206: HENNEPIN COUNTY INFOR TE 01/13/2020 113207 1000141550 101-43000-414 PW Radios 12/19 Total 113207: IN CONTROL INC. 01/13/2020 113208 19053NA01 601-49400-405 SCADA service IN CONTROL INC. 01/13/2020 113208 19053NC01 601-49400-405 SCADA service Total 113208: JAMI WITTKE 01/13/2020 113209 12/19/19 101-42110-437 meal reimb training Total 113209: LUBE TECH ESI 01/13/2020 113210 1520813 701-49800-212 Diesel Fuel Additive LUBE TECH ESI 01/13/2020 113210 1520814 701-49800-212 Engine Oil Total 113210: METRO WEST INSPECTIONS S 01/13/2020 113211 2240 101-42400-310 Inspection Services November 2019 Total 113211: MINNEAPOLIS OXYGEN COMPA 01/13/2020 113212 20132454 101-42110-221 Medical Oxygen Total 113212: MINNESOTA EQUIPMENT 01/13/2020 113213 P10136 101-45200-221 Tractor V -Belt Replacement MINNESOTA EQUIPMENT 01/13/2020 113213 P10964 101-45200-225 Tractor Parts Department Water Sewer Public Works Department Water Water Police Department Building & Zoning Police Department Parks Parks Page: 19 Jan 09, 2020 12:51 PM Invoice 115.50 60.75 60.75 626.81 7,817.50 26.70 362.42 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount MINNESOTA EQUIPMENT 01/13/2020 113213 P88547 101-45210-221 Rough Mower Parts Golf Course 93.95 MINNESOTA EQUIPMENT 01/13/2020 113213 P88576 101-45200-221 Tractor Pulley Replacement Parks 30.36 MINNESOTA EQUIPMENT 01/13/2020 113213 P88688 101-45210-221 Filters Golf Course 66.46 MINNESOTA EQUIPMENT 01/13/2020 113213 P88690 101-45210-212 Engine Coolant Golf Course 18.08 Total 113213: 597.97 MINUTEMAN PRESS 01/13/2020 113214 25830 101-41900-352 UB Bills & CC Fee Postcards Central Services 420.28 MINUTEMAN PRESS 01/13/2020 113214 25830 601-49400-352 UB Bills & CC Fee Postcards Water 420.28 MINUTEMAN PRESS 01/13/2020 113214 25830 602-49450-352 UB Bills & CC Fee Postcards Sewer 420.27 MINUTEMAN PRESS 01/13/2020 113214 25831 601-49400-322 Postcard Postage Water 218.08 MINUTEMAN PRESS 01/13/2020 113214 25831 602-49450-322 Postcard Postage Sewer 218.08 MINUTEMAN PRESS 01/13/2020 113214 25831 101-41900-322 Postcard Postage Central Services 218.08 Total 113214: 1,915.07 MN CHIEF OF POLICE ASSN 01/13/2020 113215 10284 101-42110-437 Conference Registration - M. Siltala Police Department 485.00 MN CHIEF OF POLICE ASSN 01/13/2020 113215 9884 101-42110-433 Membership Renewal - 2020 Police Department 351.00 Total 113215: 836.00 MN LAW ENFORCEMENT EXPL 01/13/2020 113216 4688 101-42110-229 2020 Explorer Dues Police Department 100.00 Total 113216: 100.00 MN NATIVE LANDSCAPE 01/13/2020 113217 22423 101-45210-404 Buckthorn Control Golf Course Golf Course 1,400.00 Total 113217: 1,400.00 MN RURAL WATER ASSOCIATI 01/13/2020 113218 121819 601-49400-433 2020 MRWA Membership - Oberaigner, Goman Water 300.00 Total 113218: 300.00 MOUND TRUE VALUE 01/13/2020 113219 165072 101-42110-221 PD Supplies Police Department 71.18 Total 113219: 71.18 MTI DISTRIBUTING INC 01/13/2020 113220 1241351-00 101-45210-221 GC Equipment Parts - Filters Golf Course 25.84 MTI DISTRIBUTING INC 01/13/2020 113220 1241967-00 101-45210-221 GC Equipment Parts - Filters Golf Course 83.81 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 12/10/2019 - 1/13/2020 Jan 09, 2020 12:51 PM Payee Total 113220: NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE Total 113221: NEWEGG INC NEWEGG INC Total 113222: NORLINGS NORLINGS NORLINGS NORLINGS Total 113223: NORTH MEMORIAL Total 113224: NOVA COMMUNICATIONS NOVA COMMUNICATIONS NOVA COMMUNICATIONS NOVA COMMUNICATIONS Total 113225: OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT Total 113226: Check Check Invoice Invoice GL Account Description Issue Date Number Number 01/13/2020 113221 322042 101-43000-224 Screw Driver Bits 01/13/2020 113221 322054 101-43000-240 Wrench 01/13/2020 113221 322094 101-42110-240 PD Supplies 01/13/2020 113221 322132 601-49400-227 Heater/Cleaning Supplies 01/13/2020 113222 1302552879 710-49970-221 Monitor for CC 01/13/2020 113222 1302560889 614-49840-221 TV Stands Department Public Works Department Public Works Department Police Department Water Cable Franchise 01/13/2020 113223 36188 101-41900-404 City Hall Landscape Maintenance Central Services 01/13/2020 113223 36189 101-45200-404 Livingston Landscape Maintenance Parks 01/13/2020 113223 36190 101-45200-404 Navarre Park Landscape Maintenance Parks 01/13/2020 113223 36235 651-16500 GC Drainage Improvement/Cart Trail Rehab 19-034 01/13/2020 113224 M7F-YNB-M 101-42110-437 EMR Refresher 01/13/2020 113225 135484 101-41900-401 Server Project Support 01/13/2020 113225 135741 101-41900-401 Server Project Support 01/13/2020 113225 135743 101-41900-401 Server Project Support 01/13/2020 113225 135970 101-41900-401 Server Project Support 01/13/2020 113226 4181823500 101-41900-221 Conference Room Table 01/13/2020 113226 4185823060 101-41900-201 Office Supplies 01/13/2020 113226 4185969020 101-41900-201 Paper Plates 01/13/2020 113226 4190604960 101-42110-201 Ink - PD Police Department Central Services Central Services Central Services Central Services Central Services Central Services Central Services Police Department Invoice Amount 109.65 49.98 11.48 37.27 649.99 231.56 881.55 220.00 420.00 4,815.00 210.00 210.00 45.00 45.00 539.99 507.62 183.86 67.82 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Page: 22 Jan 09, 2020 12:51 PM Department Invoice Amount Golf Course Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 95.96 Perry's Truck Repair 01/13/2020 113227 50393 701-49800-222 Snow Plow Hoses Total 113227: 295.00 Central Services 25.00 PIRTEK 01/13/2020 113228 PL -T0000066 701-49800-403 Hydraulic Hose Repairs Unit 426 Total 113228: PV Business Solutions Inc 01/13/2020 113229 25675 101-45210-437 OSHA Safety Book Total 113229: QUALITY FLOW SYSTEMS INC 01/13/2020 113230 38350 602-49450-406 LS Repairs - LS #10, 12, 26 Total 113230: Riverside Design 01/13/2020 113231 1647 101-42110-352 Envelopes Total 113231: SAFETY VEHICLE SOLUTIONS 01/13/2020 113232 1876 701-49800-402 Unit #612 Warning Lights Total 113232: SECURITY & SOUND CO 01/13/2020 113233 21976 710-49970-401 Wiring - Conference Room Total 113233: STA SAFE LOCKSMITH 01/13/2020 113234 00208184 101-41900-223 Door Lock Total 113234: SUN LIFE FINANCIAL 01/13/2020 113235 0120LIFE 101-21710 Life Ins-Jan/2020 SUN LIFE FINANCIAL 01/13/2020 113235 0120LIFE 101-15998 Life Ins-Dec/2019 SUN LIFE FINANCIAL 01/13/2020 113235 0120STD 101-21714 STD-Jan/2020 Total 113235: TALLEN AND BAERTSCHI 01/13/2020 113236 12/2019 101-41600-306 Prosecution Services -12/2019 Page: 22 Jan 09, 2020 12:51 PM Department Invoice Amount Golf Course 298.50 298.50 Sewer 21,604.00 21,604.00 Police Department 95.96 95.96 554.00 554.00 295.00 295.00 Central Services 25.00 25.00 Law/Legal Services 941.90 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 12/10/2019 - 1/13/2020 Page: 23 Jan 09, 2020 12:51 PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 113236: 941.90 THE HARTFORD 01/13/2020 113237 010120 101-21713 LTD 01/2020 1,802.21 Total 113237: 1,802.21 THOMSON WEST 01/13/2020 113238 841557153 101-42110-311 West Information 12/19 Police Department 204.96 Total 113238: 204.96 THREE RIVERS PARK DISTRICT 01/13/2020 113239 2051861 101-42110-437 room rental - 2/20/20 Police Department 300.00 Total 113239: 300.00 UNITED STATES POSTAL SERVI 01/13/2020 113240 86 101-42110-322 Po Box Rental Police Department 94.00 Total 113240: 94.00 US Bank Equipment Finance 01/13/2020 113241 403364318 710-49970-413 Copiers 596.76 Total 113241: 596.76 WASTE MANAGEMENT RECYC 01/13/2020 113242 0062636280 603-49500-316 Reccycling 1/2020 15,831.75 Total 113242: 15,831.75 ZARNOTH BRUSH WORKS 01/13/2020 113243 0178268 -IN 701-49800-221 Replacement Brooms 1,546.00 Total 113243: 1,546.00 Grand Totals: 1,036,271.28 AGENDA ITEM Item No.: 3 Date: January 13, 2020 Item Description: Approval of Rental Licenses Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period of January 1, 2020 to December 31, 2021. 2. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A for the license period of January 1, 2020 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 January 1, 2020 to December 31, 2021. Exhibits A. Listing of Rental Licenses Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: -TV AGENDA ITEM Item No.: 4 Date: January 13, 2020 Item Description: Approval of 2020 Massage Therapy License Renewal Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve a 2020 Massage Therapy License Renewal. 2020 MASSAGE THERAPY LICENSE RENEWAL — APPLICANT • Koren Walsh 2391 Blaine Avenue Wayzata, MN 55391 The 2020 Massage Therapy License Applicant has submitted all the requested documents and have met all requirements. The Application is on file in the City Clerk's Office. COUNCIL ACTION REQUESTED Motion to approve the above Massage Therapy License for 2020. Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: j1V AGENDA ITEM Item No.: Date: January 13, 2020 Item Description: Appointment of 2020 Temporary Scan Clerks Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to gain Council approval of Temporary Scan Clerks. 2. Background. Temporary Scanning Clerks have been working on scanning the City's files into Laserfische since 2015. The city has recently added an additional Scan Clerk to help assist in the process that will reduce our file storage and make accessing electronic data more efficient. The hourly pay is proposed to be $14.00 per hour for the Scan Clerks. The City budgeted $10,500 for scanning for 2020. One Scan Clerk will fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Temporary Employee Appointments and Candidates. Name Position Wage ($/hr) Remarks Bonnie Kaster Scan Clerk $14.00 Returnee Sandra Larson Scan Clerk $14.00 Returnee Alicia Johnson Scan Clerk $14.00 New 4. Staff Recommendation. I recommend approval to hire of the temporary employees above. COUNCIL ACTION REQUESTED Motion to approve hiring the temporary employees as listed above. Prepared By: A. Carlson Reviewed By: -SbV Approved By: -19X AGENDA ITEM Item No.: 6 Date: January 13, 2020 Item Description: Appointment of 2020 Presidential Nomination Primary Election Absentee Ballot Board — Resolution Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The Absentee Ballot Board must be established by ordinance or resolution and must consist of a sufficient number of trained election judges appointed as provided in M.S. 204B.21 2. Staff Recommendation. It is staff's recommendation that Council adopt the attached resolution listing the names of the qualified persons who have indicated their willingness to serve as Absentee Ballot Board Election Judges for the March 3, 2020 Presidential Nomination Primary Election. COUNCIL ACTION REQUESTED 1. Consider a motion to adopt the attached resolution listing the names of the qualified persons who have indicated their willingness to serve as Absentee Ballot Board Election Judges for the March 3, 2020 Presidential Nomination Primary Election. Exhibits A. Resolution Prepared By: AMC Reviewed By: AMC Approved By: J1V CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPOINTING THE ABSENTEE BALLOT BOARD FOR THE 2020 PRESIDENTIAL NOMINATION PRIMARY ELECTION TO BE HELD MARCH 3, 2020 WHEREAS, the City Hall serves as an absentee ballot center for the residents of Orono; and WHEREAS, State Statute Section 203B.121 provides that an Absentee Ballot Board must be appointed by the City Council to process absentee ballots. NOW, THEREFORE, BE IT RESOLVED by the Orono City Council that the individuals named on Exhibit A be appointed as the City of Orono Absentee Ballot Board Election Judges for the March 3, 2020 Presidential Nomination Primary Election; and BE IT FURTHER RESOLVED that: A. The Absentee Ballot Board will meet with at least two election judges of different political parties at various times as designated by the City Clerk. B. Absentee Ballot Board members shall be compensated at the same rate as an Election Judge at $10.00 per hour or an Assistant Head Election at $10.50 per hour or a Head Judge for $11.00 per hour for their services. C. The City Clerk is, with this resolution, authorized to make any substitutions or additions to the Absentee Ballot Board as deemed necessary; and BE IT FURTHER RESOLVED the Orono City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, Subd. 2, under the direction of the Election Manager to serve as members of the Orono Absentee Ballot Board. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held January 13, 2020. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 1 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Exhibit A NO. Absentee Ballot Board Election Judges for Primary Election on March 3, 2020. Anne Hentges Nola Dickhausen Bonnie Kaster Sandie Larson Nancy Fox Jeff Strandberg Sandra Keegan Jan Kennen Page 2 of 2 AGENDA ITEM Item No.: 7 Date: January 13, 2020 Item Description: Appointment of 2020 Election Judges — Resolution Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. State Statute 204B.21, Subd. 2 states that election judges for precincts in a municipality must be appointed by the governing body of the municipality at least 25 days before an election. 2. Staff Recommendation. It is staff's recommendation that Council adopt the attached resolution listing the names of the qualified persons who have indicated their willingness to serve as election judges at the Presidential Nomination Primary Election on March 3, 2020, Primary Election on August 11, 2020 and the General Election on November 3, 2020, with the understanding that amendments may be necessary to the appointments in order to fill vacancies and meet party splits. In addition, the appointed Election Judges shall be paid $10.00 per hour, Assistant Head Judges shall be paid $10.50 per hour, and Head Judges shall be paid $11.00 per hour to carry out their duties at the polling place and to attend required training. In addition, Head Judges shall be compensated for mileage to pick up election supplies or deliver election returns at a rated allowed by the IRS (currently $.56 per mile) per State Statue 204B.31 and reimbursed $10.00 for the use of their cell phone on Election Day. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution appointing the 2020 Election Judges and the 2020 Election Judge pay rates and reimbursements. Exhibits Exhibit A. Resolution Prepared By: A. Carlson Reviewed By: A. Carlson Approved By: J1V CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2020 PRESIDENTIAL NOMINATION PRIMARY, PRIMARY AND GENERAL ELECTIONS TO BE HELD MARCH 3, 2020, AUGUST 11, 2020 AND NOVEMBER 3, 2020 BE IT RESOLVED, that pursuant to Minnesota Election Laws 20413.2 1, Subd.2, the following persons are appointed as election judges for the Presidential Nomination Primary to be held on March 3, 2020, Primary Election to be held on August 11, 2020 and the General Election to be held on November 3, 2020. Lisa S. Erickson Joy Grundeen Jennifer Robertson Dave Peterson Holly Rocca Kathy Pollock Cathleen Wilkins Penny Saiki Robert Dircks Kevin Landgraver Sandra Keegan Nancy Danielson John Bendt Pat Spilseth Judy Trucano Kevin Gwash Dave Spilseth Mona Harmann Whitney Tucker Judy Carlson Eleanor Ferril Judy Platt -Nelson Sherry White Leonard Freeman Deborah Lumendal Wendy Dankey Lindsay Freeman Julia Palmer Sandra Lindgren Tom Cady Janice Kellar Kennen Colleen Fuhrman Denise Aasen Nancy Edwards Mary Ellen Bennett Bonnie Kaster Sheila Jones Donald Kielley Mary Lou Doherty Jeff Strandberg Ruth Garlock Nancy Brantingham Barbara Burwell Randall Nord Maryann Merideth Leanna Erickson Suellyn Tritz Patti Welty Sandie Berger Laureen Darling Sandie Larson Judy Rogosheske Janet Obrigewitsch Janette Weaver John Robertson Karlton Gempler Marilyn Gehrman Lockie Markusen Faith Larsen Maureen Steele Bellows Roberta Dircks Nancy Fox Kati Mohmmad-Zadeh Jennifer Eastman David Klema Julie Ruegemer David Linstrom Deborah Houston CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on January 13, 2020. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No. 8 Date: January 13, 2020 Item Description: Approval of Lawful Gambling Activity License for Orono PTO — Resolution Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the Gambling Permit for Orono PTO. 2. Background. The Orono PTO is planning to Family Bingo Night at Orono Intermediate School on March 13, 2020. Orono City code requires City Council to approve Gambling permits by resolution. 3. Recommendation. The Applicants have submitted all the requested documents and have met all requirements. Staff recommends approval of the gambling permit. COUNCIL ACTION REQUESTED Motion to approve the Gambling Permit for Orono PTO for their Bingo event to be held on March 13, 2020. Exhibits A. Resolution Prepared By: AMC Reviewed By: AMC Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION APPROVING THE MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT OF THE ORONO PTO FOR A ONE DAY GAMBLING PERMIT WHEREAS, the Orono PTO has submitted an application to conduct lawful gambling activities; and WHEREAS, the Orono PTO has proposed to conduct a one day gambling activity (BINGO) as part of its Family Bingo Night at the Orono Intermediate School on Friday, March 13, 2020; and WHEREAS, the Orono PTO is required to obtain approval of the one day gambling activity from the city in which the activity will occur; and WHEREAS, the City of Orono has no objection to the conduct of lawful gambling by the applicant, in accordance with law, at the designated location. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby approve the application of the Orono PTO to conduct a one day gambling activity (Bingo) at the Orono Intermediate School, 765 Old Crystal Bay Road North, on March 13, 2020. Adopted at a regular meeting of the Orono City Council this 13th day of January 2020. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: Date: January 13, 2020 Item Description: Approval of 2020 Sanitary Sewer Rehabilitation Engineering Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this action item is to gain approval for engineering of the 2020 Sanitary Sewer Rehabilitation Project. 2. Background. Metropolitan Council Environmental Services (MCES) provides sanitary sewer treatment for the majority of communities (including Orono) in metropolitan area. Since 2005, MCES has identified Orono as one of the communities who contribute excessive Inflow and Infiltration (I & I). The City has been executing a sanitary sewer rehabilitation project annually to reduce I&I. Each year the City works to identify inflow and infiltration points within the sanitary sewer system thought our annual inspection program. These sites then inform our rehabilitation efforts for the year. 3. Scope. Engineering and Design services will consist of the preparation of plans and specification, property owner notifications and bidding and awards support. 4. Cost. Bolton and Menk in the not -to -exceed amount of $19,500. 5. Funding. The project is funded from the Sanitary Sewer Fund. The CIP and Annual Public works plan have $290,000 allocated for this year's project. The project 2020 yearend balance is $1,287,310. 6. Staff Recommendation. I recommend council accept the design phase services proposal from Bolton and Menk. [0[11012 Is] iW.TelIm0@ 7!L110BgY111 Motion to accept the design phase services proposal from Bolton and Menk in the not -to -exceed amount of $19,500. Exhibits A. Bolton and Menk Proposal. Prepared By: Reviewed By: Approved By: -TV OBOLTON & MENK Real People. Real Solutions. December 18, 2019 City of Orono Attn: Adam Edwards P.O. Box 66 Orono, MN 55323 RE: 2020 Sanitary Sewer Rehabilitation Project Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: 19521 448-8838 Fax: (9521448-8805 Bolton-Menk.com As requested, we have prepared a fee estimate for engineering services related to the 2020 Sanitary Sewer Rehabilitation Project. Based on our understanding of the project, our scope of services will include reviewing televising information to determine the scope of the project, which may include sewer lining, manhole sealing and repairs, and top hats on private service lines within the project area. Our scope of services for this project will include the following: • Preparation of Plans and Specifications based on aerial photos and City record plan information • Notification to affected property owners prior to bidding • Bidding assistance and award recommendations Based on the above-mentioned scope of work, we propose and hourly, not -to -exceed fee of $19,200. Upon request, a fee estimate for construction related services will be provided prior to awarding the project. Please contact me if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. -,DO,Q -P v)&-. David P. Martini, P.E. Principal Engineer H:\ORNO\2020 New Projects\Fee Estimate - 2020 Sewer Improvements.docx BoLton & Menk is an AGENDA ITEM Item No.: 10 Date: January 13, 2020 Item Description: Accept Donation — Lydiard Beach Bench Presenter: Adam Edwards Agenda Consent Agenda City Engineer Section: 1. Purpose. The purpose of this agenda item is to accept a donation to be used towards the purchase of a bench to be placed at Lydiard Beach. 2. Background. The City has established a Park Donation Program to give individuals, families, and organizations the ability to enrich and grow our parks, trails and open spaces. As part of this program, the City has received a donation from AdvisorNet Insurance in the amount of $650.00. The donation is for the purchase of a park bench to be installed at Lydiard Beach. By accepting this donation the City is agreeing to install a bench at the specified location. Authority for cities to accept donation is granted by Minnesota Statute 465.03 which authorizes Minnesota cities to "accept or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor." All donations must be accepted by resolution with a 2/3 vote of the Council. 3. Cost. The cost of the bench and accompanying plaque is $750. 4. Staff Recommendation. Staff recommends acceptance of the donation and the installation of a bench at Lydiard Beach. COUNCIL ACTION REQUESTED Motion to accept the donation of $650 from AdvisorNet Insurance for the installation of a bench at Lydiard Beach. Prepared By: JJU Reviewed By: Approved By: -T)2 AGENDA ITEM Item No.: 11 Date: January 13, 2020 Item Description: Southways Development - Formal Acceptance Public Sanitary Sewer — Resolution So4� Presenter: Adam T. Edwards Agenda Consent Agenda Public Works Director/City Engineer Section: 1. Purpose. The purpose of this item is for City Council to accept the sanitary sewer, within the Southways development. 2. Background. The Southways development was approved subject to the terms of the Development Contract, Southways, 18-3998, executed by the developer and the City June 11th, 2018. Per the contract the sanitary sewer and storm water utilities as well as the roadway are to be a public facilities owned, operated and maintained by the City of Orono. The sanitary sewer portion of the Project is complete and the as -built surveys received by the city in accordance with Section 17 of the Development Agreement. 3. Public Improvements. The development infrastructure that is public include the water system, sanitary sewer system, the stormwater system, and the roadway. 4. Staff Recommendation. I recommended formal acceptance of the sanitary sewer system. The stormwater system and roadway are not ready for acceptance at this time. COUNCIL ACTION REQUESTED: Adopt the attached resolution accepting the sanitary sewer system improvements within Southways as public facilities. Exhibits A. Resolution References A- Development Contract, Southways, 18-3998 Prepared By: 7E Reviewed By: Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION ACCEPTING THE SANITARY SEWER UTILITY WITHIN THE SOUTHWAYS DEVELOPMENT AS PUBLIC FACILITIES WHEREAS, on June 11th , 2018 the City of Orono and James and Mary Jundt entered into Development Contract Southways, 18-3998, (the "Contract") which documented the terms and conditions under which the development known as Southways was approved; and WHEREAS, the terms and conditions of the Agreement state that final acceptance of the improvements to be publicly owned, including, sanitary sewer, storm water and the roadway, shall take the form of a Resolution passed by the Orono City Council, on the advice of the City Engineer; and WHEREAS, the City Engineer has recommended that the City formally accept the sanitary sewer improvements; and NOW, THEREFORE BE IT RESOLVED that the City Council of Orono does hereby formally accept the sanitary sewer public improvements associated with Southways and shall assume ownership and maintenance of said facilities. Adopted by the City Council of Orono, Minnesota this 13h day of January, 2020. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 12 Date: January 13, 2020 Item Description: Parks Department Aerator Replacement Purchase Presenter: Jason Goehring Agenda Consent Agenda Parks and Golf Course Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the replacement of a turf aerator for the parks department. 2. Background. The parks department utilizes a turf aerator on fine turf surfaces including putting greens, tee boxes, and fairways. With the recent improvements to Bederwood Park and future athletic field improvements at other parks, frequent aeration will play a role in maintaining turf to a high standard. Frequent aeration helps combat the negative effects of compaction and allows nutrients, water, and oxygen to reach deep into the turf root zone. The current Ryan Greensaire 24 in the parks fleet has reached the end of its useful service life. This unit does not have replacement parts available and is unreliable in its operation. Modern aerators are fast, clean, and have many aerating configurations available. Parks staff will be able to use a new aerator at both the parks and the golf course. 3. Project Scope. Purchase a Toro ProCore 648 from MTI Distributing for $25,989.43. 4. Cost. a. Turf Aerator. The City received two quotes for this piece of equipment, listed below. Company Model Cost MTI Distributing Toro ProCore 648 $25,989.43 Reinders, Inc. Toro ProCore 648 $27,916.71 5. Funding. This aerator will be funded through the Equipment Fund. The Capital Improvement Plan (CIP) budgeted $24,000 for the aerator. 6. Staff Recommendation. I recommend approval of the purchase. COUNCIL ACTION REQUESTED Motion to approve the purchase of a Toro ProCore 648 aerator from MTI Distributing for the amount of $25,989.43. Prepared By: JG Reviewed By: Approved By: -TV AGENDA ITEM Item No.: 13 Date: January 13, 2020 Item Description: Appointment of 2020 Seasonal Employees Presenter: Jason Goehring Agenda Consent Agenda Parks and Golf Course Supervisor Section: Purpose. The purpose of this action item is to gain Council approval of seasonal and part time employees. Background. The hourly pay is proposed to be $12.00-14.00 for the Golf Course Clubhouse Attendants, Brush Site Attendants, and Sledding Attendants; $12-$16 for Parks and Golf Course Maintenance Employees, and $10-$16 for Utilities Maintenance Workers; and a pay range of $15.00- $20.00 for the Clubhouse Manager. The Clubhouse Manager will be a part time employee. All other employees will be seasonal and fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Prepared By: JG Reviewed By: ; 'V Approved By: -T)R Name Position Wage Remarks ($/hr) Danielle Middendorf Sledding Hill Attendant $12.00 Returnee Requesting Approval 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Prepared By: JG Reviewed By: ; 'V Approved By: -T)R AGENDA ITEM Item No.: 14 Date: January 13, 2020 Item Description: Replacement of Right Of Way Mower Tractor #450 Presenter: DJ Goman Agenda Consent Agenda Streets &Stormwater Supervisor Section: 1. Purpose. The purpose of this request is to gain Council approval for the replacement of Tractor and Mowers #450 with a 2020 John Deere Tractor and Diamond Mowers by Minnesota Equipment. 2. Background. Tractor #450 is a 2004 John Deere model 5423 Tractor that has been in service for 15 years. Public Works uses the tractor and mower for maintenance of vegetation in our rights of way, around signs and around guard rails. The equipment is allowed used to mow select parks for tall grasses and underbrush. Mowing reduces the amount of manual tree and brush trimming the city public works crew has to do by hand. The proposal also includes and additional capability not available with the current mower system. The new system will include a boom mower for mowing behind guard rails and in areas not currently accessible. That portion of the mower costs $42,198. In 2019 public works rented a mower to get to these areas however the rental cost are quite high at $8400. 3. Cost. The City received quotes, listed below and based on state contract pricing. Minnesota Equipment and Diamond Mowers have the state contract for John Deere and Diamond. The 2004 tractor and mowers will be traded in for $20,000 to help offset costs. The total cost including trade will be $ 131,477.68. Component Company / Model Cost Tractor Minnesota Equipment, Rogers, MN $ 67,981.68 Flail Mowers Diamond Mowers $ 63,496.00 Total $ 131,477.68 4. Funding. Funding will be provided from the Improvement Equipment Outlay Fund. COUNCIL ACTION REQUESTED: Approve replacement of Tractor / Mowers #450 with a John Deere tractor and Diamond flail mowers from Minnesota Equipment. Prepared By: DJG Reviewed By: Approved By: -TV AGENDA ITEM Item No.: 15 Date: January 13, 2020 Item Description: Approval of Fuel Cube Painting Presenter: Scott Oberaigner Agenda Consent Agenda Utility Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to pain the fuel cube (tank). 2. Background. The Fuel Cube is an above ground fuel storage tank that stores both diesel and gasoline for Public Works and Police Vehicles. As the tank is exposed to the elements it required periodic preventative maintenance, particularly painting. 3. Scope. The Project consists of the paining of the fuel cube and the associated bollards that surround it. 4. Cost. Staff Solicited quotes from two vendors. The Low Quote is from Tom Mittelstaedt Painting. Contractor Quote Tom Mittelstaedt Painting $4,897 R&H Painting, LLC $10,800 5. Funding. The project is funded from the Central Services Operating Budget. 6. Staff Recommendation. I recommend council accept the proposal from Tom Mittelstaedt Painting. COUNCIL ACTION REQUESTED Motion to accept the proposal from Tom Mittelstaedt Painting in the amount of $4,897 to paint the Fuel cube and associated bollards. Prepared By: SO Reviewed By:� Approved By: -TV AGENDA ITEM Item No.: 16 Date: January 13, 2020 Item Description: Wayzata Blvd (CSAH 112) Phase Two Landscaping Approval ,'V �Y' Presenter: Adam T. Edwards Agenda Consent Agenda no� Public Works Director/City Engineer Section: 1. Purpose. The purpose of this item is for City Council to accept the proposal for construction of the e CSAH 112 PH2 Landscaping. 2. Background. The cooperative agreement for the CSAH 112 Phase 2 project assigns Orono the task of managing the landscaping project. Long Lake was responsible for the phase 1 landscaping. In March of 2018 the Council authorized SRF Consulting to prepare plans for the landscaping project. Those plans and a bid package were completed. In August 2019 staff solicited proposals for the project and received one. The proposal was considerably greater than the engineers estimate and the budget for the project. In August of 2019 the Council rejected all proposals. In November of 2019, staff resolicited for proposals and received one. From the same contractor as in the first solicitation and again for more than the budget. Staff negotiated with the proposer to bring the cost within the budget. To bring the project within budget the following design changes had to be made: removal of the chain link fence at the trail intersection; substitution of 411 conifers for 6 foot conifers; and elimination of the perennial plantings. 3. Scope. The landscaping project included the planning of trees and bushes in the area around the Old Long Lake Road and CSAH 112 intersection as well as the trail junction with the Luce Line. 4. Cost. The engineers estimate for construction is $56,986. The City received one proposal from Hoffman and McNamara Co for $56,981. 5. Funding. The landscaping project is funded by the Phase 2 turn back budget. The Cooperative agreement budgeted $71,000 for the landscaping project. Design the project for $14,000 leaving $57,000 for construction. 6. Staff Recommendation. I recommend Council accept the proposal. 7. Way Forward. Plantings will be completed in the April -June time frame. COUNCIL ACTION REQUESTED: Move to accept the proposal from Hoffman McNamara Nursery and Landscape for $56,981 for the CSAH 112 Phase 2 Landscaping Project. Exhibit A. Hoffman and McNamara proposal Prepared By: 7E Reviewed By: _Sb)6Z Approved By: -T)X HOFFMAN & McNAMARA NURSERY and LANDSCAPE 9045180TH STREET EAST, HASTINGS, MN. 55033 PHONE (651) 437-9463 FAX (651) 437.9050 hoffmanandmcnamara.com DATE: 01/07/2020 TO: ADAM EDWARDS CITY OF ORONO RE: CSAH 112 LANDSCAPING PROJECT FROM: MIKE McNAMARA @ HOFFMAN & McNAMARA NURSERY AND LANDSCAPE FURNISH AND INSTALL THE FOLLOWING ITEMS PER NOTES BELOW: ITEM DESCRIPTION UNIT QTY UNIT PRICE EXTENDED MOBILIZATION LS 1 5,500.00 $5,500.00 STREET SWEEPER (WITH PICKUP BROOM) HR 2 55.00 $110.00 TRAFFIC CONTROL LS 1 600.00 $600.00 CONIFEROUS TREE - 4' HT TREE 8 615.00 $4,920.00 DECIDUOUS TREE - 1" CAL BR TREE 36 570.00 $20,520.00 DECIDUOUS TREE -1.5" CAL CONT. TREE 4 829.00 $3,316.00 DECIDUOUS TREE - 1.5" CAL B&B TREE 12 840.00 $10,080.00 DECIDUOUS TREE - 1.5" CAL BR TREE 7 595.00 $4,165.00 DECIDUOUS SHRUB - 12" BR SHRB 80 89.00 $7,120.00 TEMPORARY EROSION CONTROL LS 1 650.00 $650.00 TOTAL BASE BID $56,981.00 BID INCLUDES TAX. ADD 1.25% IF BOND REQUIRED. ANY QUESTIONS PLEASE CALL. THANK YOU FOR THIS OPPORTUNITY TO QUOTE. MIKE McNAMARA mike.mcnamara@hoffmanandmcnamara.com BID # 20007 AGENDA ITEM Item No.: 17 Date: January 13, 2020 Item Description: LAI 9-000097 — City of Orono Text Amendment - Dock Licensing Presenter: Jeremy Barnhart, AICP Agenda Planning Department Community Development Director Section: Report 1. Purpose. To consider changes to the city code that allows for the licensing of city land for the installation of private docks by adjacent property owners. 2. Background. The City Council at its workshop on August 26th directed staff to prepare an ordinance to allow for the private use of city land for docks, specifically for the 4 lots adjacent to city land on Crystal Bay Road. The prepared draft is based on Mound, Big Lake, and Minnetonka Beach regulations and establishes a license available to the adjacent residential lot only. The Council will appoint a dock administrator, expected to be the City Administrator or Community Development Director, who will approve the dock license and administer the program. The draft allows only the owner of a particular lot on Crystal Bay Road to be eligible for a particular dock site (lines 26-30.) If the Council wanted to expand the practice in the future, an ordinance amendment will be necessary. The rental of dock space is prohibited on line 53-54The licensee will declare their boat, to avoid having the dock be rented out. For homeowners with visitors, a temporary visiting dockage permit is offered, for up to 21 days per calendar year for visits longer than 48 hours. The city will issue a license plate, to be attached to the dock near Crystal Bay Road. The draft includes certain specifications and incorporates LMCD regulations (Lines 56-65). The Council may want to provide additional feedback on the following: Duration. The proposal is for 3 years. Does the Council prefer a different term? Fees. Mound charges $325/ year, $100/ year for the second boat. Big Lake charges $350.00 per year. Minnetonka beach charges based on the size of the boat, $300 — $600. Staff recommends $325 per year ($975 per license term) and $100 per second boat, per year ($300 per license term). Storage. (Lines 68-75) Should off season storage of docks be allowed on the city lot? The draft provides two options, one allowing them and one requiring them to be stored on the adjacent residential lot. 3. Planning Commission Vote and Comment. The Planning Commission is not required to review the proposed ordinance amendment. 4. Public Comment. No comments have been received to date. 5. Staff Recommendation. Staff seeks comments on the proposed draft. With direction, staff will prepare a final ordinance for approval. Prepared By: J. Barnhart Reviewed By: 5b)R Approved By: -TV AGENDA ITEM COUNCIL ACTION REQUESTED Staff seeks comments on the proposed draft. With direction, staff will prepare a final ordinance for approval. Exhibits A. Draft Ordinance Prepared By: J. Barnhart Reviewed By: 5b)R Approved By: -TV LA19-97 ExA Ordinance text 1 2 Article VI Public Lakeshore, Lakeshore Rights of Way and Docks. 3 Subd. 38-900 Definitions. For purposes of this section, the following terms shall have the meaning given 4 them. 5 A. "Dock" shall mean any wharf, pier, boat ramp, boat slip, or other structure constructed or 6 maintained in, upon, or into the water of a lake from either public property or public rights of way. 7 B. "Public property or public rights of way" shall mean all publicly owned property and all public 8 rights of way that are immediately adjacent to a lakeshore, as designated on the dock location map to 9 be maintained at all times by the City pursuant to this Section. 10 C. "Dock accessories" shall mean all structures and materials used in conjunction with a dock 11 including but not limited to boat lifts, buoys, fences or other obstructions and permanent or semi - 12 permanent steps, ramps or other structures leading to the shoreline. 13 D. "Dock site" shall mean the property designated in the license issued pursuant to this Section and as 14 designated on the dock location map to be maintained by the City. 15 Subd.38-901 License required. No person shall erect, place, keep, or maintain a dock or other structure 16 from public property or public rights of way without a dock license. 17 Subd.38-902 Applications. Applications for dock licenses shall contain the following information and 18 such other information as the Council deems necessary: 19 A. Full name of applicant; 20 B. Address; 21 C. Preferred dock location on the dock location map and dock specifications; 22 D. Boat license number of any boats to be moored at the dock. 23 E. An application fee as established by the City Council. The application fee shall be refunded if the 24 applicant is not awarded a dock license. 25 F. Proof of ownership of Residential Lot. 26 Subd. 38-903 Eligible applicants. Property owners of land adjacent to city owned lakeshore parcels as 27 described in the table below are eligible to apply for a dock license for said site or sites. Only one 28 individual per household may apply for a dock license and only one license shall be issued per city owned 29 parcel. 30 Residential Lot Dock site PID 3445 Crystal Bay Road Is eligible for 1711723430123 3435 Crystal Bay Road Is eligible for 1711723430119 3415 Crystal Bay Road Is eligible for 1711723430117 3407 Crystal Bay Road Is eligible for 1711723430115 Page 1 Dock Licensing — draft 1-13-2020 31 Subd. 38-904 Application approval and denial. The Dock Administrator shall approve or deny all 32 applications. No application shall be approved if there are any outstanding noncompliance orders against 33 the applicant or if the proposed dock will not comply with all terms of the City Code. 34 Subd. 38-905 Terms of License. Before a dock license is issued, the applicant must sign a license 35 agreement containing the following terms and conditions and other provisions as the Council may require. 36 A. Rights and Liabilities. Except as otherwise provided, a City dock license entitles the license holder 37 to the exclusive use and control of the dock site and the same rights, obligations and liabilities as a 38 private property owner. In addition to the provisions of this Section, all dock license sites shall fully 39 comply with LMCD regulations and all applicable state laws and regulations. 40 B. Indemnification. Dock license holders shall be solely responsible for the dock license site and all 41 activities thereon. The license holder shall indemnify, defend and hold the City, its officers, boards, 42 commissions, agents and employees harmless from and against any and all lawsuits, claims, causes of 43 action, liability, and costs, of any nature that the City may at any time, directly or indirectly, suffer, 44 sustain in any way connected with the grant of a dock license or activities on the dock license site. 45 C. Docks. The license holder shall maintain only one dock at the dock license site. 46 D. License plates. Dock license plates shall be issued by the City after approval of the license 47 application. The license plate must be securely fixed to the streetside end of the licensed dock. 48 License plates shall be maintained by the licensee and shall remain the property of the City. 49 E. Transferability. Dock licenses may not be sold, assigned, licensed, or otherwise transferred in any 50 way to any person, partnership or corporation, except that the license may be transferred to a 51 purchaser of the license holder's residential property within the City. Dock space may not be rented. 52 F. Removal of docks. Upon termination of a dock license, the license holder must completely remove 53 the licensed dock and all accessory items, including but not limited to stairs leading to the dock from 54 the public property or public right of way. Any dock or accessory item that has not been removed will 55 be removed by the City and all costs the responsibility of the last license holder for that dock site. 56 G. Dock Construction; specifications and dimensions. 57 1. Docks on dock sites shall comply with LMCD regulations. 58 2. Docks shall be constructed of materials approved by the Dock Inspector; docks shall be of 59 plank or rail construction; and all dock posts shall be of equal height above the dock; 60 3. Docks shall not be located closer than 10 feet to a neighboring dock license site or private 61 property line. The Dock Administrator may refer, and the City Council may grant exceptions 62 where there are unusual circumstances and such an exception will not have a detrimental impact 63 on the lake. The City Council may impose conditions on any exception granted under this 64 subsection. 65 4. Docks may not be permanently installed. 66 H. Dock accessories. All dock accessories must be approved in writing prior to use at a Dock Site. 67 I. Dock Storage. Docks must be removed from the water no later than November 1. Page 2 Dock Licensing — draft 1-13-2020 68 Option 1. Docks and Dock Accessories may not be stored on the Dock Site between November 1St 69 and April 1St of the following year. 70 Option 2. Licensed docks may be stored on the dock site provided the following conditions are met: 71 1. storage is at least 5 feet from the paved surface of adjacent public or private road; 72 2. storage does not conflict with the following uses as shown on the dock map: snowmobile 73 crossings, skating rinks, trails and road access; 74 3. storage is not on those areas shown on the dock location map as having topographical 75 conditions that are too steep, or have fragile flora, or where tree damage may occur. 76 J. Declaration of Watercraft — Requirements. Watercraft that are moored at a City dock or multiple 77 slip site must be declared on the Dock License Application. The applicant must provide the City with 78 a copy of the current DNR Watercraft Registration or US Coast Guard documentation or recently 79 applied for DNR Watercraft Registration or US Coast Guard documentation for each watercraft, at 80 the time of application. This DNR Registration or US Coast Guard documentation must verify that 81 the watercraft is in the name of the site holder(s) at a City of Orono address and all owners listed on 82 the registration shall be residents of the City who are eligible to moor a boat in the dock program. If a 83 declared watercraft is removed from the City dock program, the site holder may substitute a 84 replacement watercraft upon providing the City with required documentation as stated above. Newly 85 declared replacement watercraft may be subject an additional LMCD fee. 86 (1) Allowable Mooring of Non -Owned Watercraft. Mooring of watercraft not owned by the 87 dock licensee is permitted for a period of up to 48 hours, two times in a calendar year. Mooring 88 of watercraft not owned by the dock licensee is not permitted for a period in excess of 48 89 hours unless a Temporary Visiting Dockage Permit has been first obtained by the licensee 90 from the City and the fees established by the City have been paid. All Temporary Visiting 91 Dockage Permits shall contain the DNR registration number or US Coast Guard 92 documentation (and copies of same) of the boat and shall be limited to 21 days. No more than 93 one Temporary Visiting Dockage Permit may be issued in any calendar year to an individual 94 dock licensee. 95 Unless permitted under the preceding two subsections, no watercraft shall be moored at a City dock 96 site. 97 98 K. Subject to inspections. All licensed docks are subject to inspection at reasonable times by the Dock 99 Inspector or his or her designee. 100 L. City Access. The City shall be free to enter the dock site for any reason at any reasonable time and 101 to perform maintenance and regulatory functions to be specified in the terms of the dock license 102 agreement. 103 M. Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the 104 license holder. 105 N. Term. All dock licenses shall be valid for three (3) years. 106 Subd.38-906 Administration. Page 3 Dock Licensing — draft 1-13-2020 107 A. Dock Administrator. The City Council shall appoint a Dock Administrator who shall be 108 responsible for the administration of the City Dock Licensing Program to include: processing 109 applications, and maintaining the dock location map. 110 B. Dock location map. There shall be on file with the City a map maintained by the Dock 111 Administrator showing the approved locations of docks on public land and public rights of way. The 112 map shall contain the following information: 113 1. Locations of public property and public rights of way; 114 2. Specific dock locations; 115 3. A numerical designation for each dock location to correspond with a list of license holders; 116 4. Restrictions applicable to certain areas of shoreline; 117 5. Shoreline access points; 118 6. Shoreline areas available for winter storage. 119 C. Inspections; license revocation. The Dock Administrator or designee shall from time to time 120 inspect any dock erected or maintained on public property or public rights of way. If there are any 121 violations of the City Code, state statute or state regulation, the dock license holder shall be notified 122 in writing of the way or ways the dock or dock area does not comply. The license holder shall have 123 fourteen days to remove the dock or otherwise bring the dock license site into compliance. If the 124 violation is not corrected after fourteen days, the license shall be revoked and all property removed 125 from the dock license site unless, within the fourteen days, the Dock Administrator receives from the 126 license holder a written request for a hearing. 127 E. Appeals from any decision of the Dock Administrator shall be as provided for in Section 2-41 of 128 the City Code. Page 4 Dock Licensing — draft 1-13-2020 � I� Orono City Council Special Work Session Monday, October 14, 2019 Council Chambers 6:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard P. 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 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 /VJ", Dennis Walsh, Mayor s+?" 11 I apologize for getting this to you late, was out of town and just got back to looking at the agenda for tonight... I have given you my ideas as an LMCD board member and also as a resident and now that I know how askew the LMCD is in granting variances for things that neighboring property owners are impacted on... and as always, you can just tell me to pack SAND... I understand that) i! To Dustin Reif, Mayor Walsh and all city council members... Have read with interest the new ideas of docks for the Crystal Bay residents on city property... I still support the concept of a single multiple dock, that was brought up during the work session I attended and if as presented, I would make the case at the LMCD to approve a multiple dock license for the property owners... It would be presented the way the city wants it and bingo, we go on in perpetuity until they break the rules... That way, it's in the LMCD's hands and they can process as you all intend in 38-905 A. **As noted in my past correspondence with you all, there is an issue with a dock that the LMCD granted a variance for in Minnetonka Beach that is only 5' off of the property line on one side of fire lane and zero side setback on the other side... Not only that, they also got a variance for an extension to the 5' navigable water code request and that dock is 158' out from shore... Strongly impacting the enjoyment on the North Property owner... Obviously, you can make the argument that the owner knew what he was buying, but look at the overage of dock #10 (if you do the math the right angle footage is 30')... So, the battle begins as to who is correct; LMCD, City of Mtka Beach, or the resident... So, if left up to the LMCD and they grant similar variances, after all they might say they have jurisdiction at the 929.4 Ordinary high water mark... Subd.38-902 D. Boat license number of any boats to be moored at the dock. LMCD allows up to 4... Subd. 38-905 A. In addition to the provisions of this Section, all dock license sites shall fully 39 comply with LMCD regulations LMCD allows up to 4... C. Docks. The license holder shall maintain only one dock at the dock license site. Understood that the concept is to provide and dock and a boat, but the LMCD could allow them a variance up to whatever amount of extension on the dock to get to 5' of Navigable water... What that means is, even though these lots are not that wide, a 150+ dock like Minnetonka Beach has been allowed will allow multiple boats to be along the inner part of the main dock and increase density... Maybe that is not an issue and instead of the concept as I remember of trying to provide one boat/one dock; that might be your thinking now... Every boat as we know does not require 4-5' of water depth to be able to dock... E. Transferability Dock space may not be rented. As you know I like that... 3. Docks shall not be located closer than 10 feet to a neighboring dock license site or private property line. The Dock Administrator may refer, and the City Council may grant exceptions where there.are unusual• circumstances and such an exception will not have a detrimental impact on the lake. The unusual exception is being taken care of as you are trying to provide a dock for these properties that currently can't legally have one... J. Declaration of Watercraft — Requirements. Watercraft that are moored at a City dock or multiple slip site must be declared on the Dock License Application. The applicant must provide the City with a copy of the current DNR Watercraft Registration or US Coast Guard documentation or recently applied for DNR Watercraft Registration or US Coast Guard documentation for each watercraft, at the time of application. This DNR Registration or US Coast Guard documentation must verify that the watercraft is in the name of the site holder(s) at a City of Orono address and all,owne rs.listed on the,.registration shall Fantastic... (1) Allowable Mooring of Non -Owned Watercraft. Mooring of watercraft not owned by the dock licensee is permitted for a period of up to 48 hours, two times in a calendar year. Mooring of watercraft not owned by the dock licensee is not permitted for a period in excess of 48 hours unless a Temporary Visiting Dockage.,Permit has been first obtained by the licensee from the City and the fees established by the City have been paid. All Temporary Visiting Dockage Permits shall contain the DNR registration number or US Coast Guard 92 documentation (and copies of same) of the boat and shall be limited to f2lt days; 1 remember fighting for the limiting factor of 48 hours so a relative could come in and stay for a weekend... I, as a resident have strong opposition for someone wanting to get a permit for a (new online category, let say DRBO.... Dock rental by owner) someone that we don't know parking in our streets and screwing up the summer for those of us who don't need special dock rights to dock our boats... —Liven,.. 0 w wl r7 CERTIFICATE OF SURVEY FOR THE CITY OF THE VILLAGE OF MINNETONKAEACH OF THE EAST END OF CROSS POINT ROAD HENNEPIN COUNTY, MINNESOTA SLIP SIZES DOCK SITE 10 j �` 10-1 10.50 X 26.00 10-2 10.50 X 26.00 10-3 11.00 X 26.00 / % 10-4 11.00 X 26.00 U ff / t N w usTw+e ��ra!F�" ELM / N WUUu wo — — — — — — — — — — — � �TYP 20' LOCU2 O "OST CROSS POINT ROAD -- _ — - GAS UlE AS LOCATED ^ GAS VALVES 12' PVC Air of g2 i i 1 / 0 DI 09-309 30° OUTI�T (925.6) °'�� dNTOU LINE- STREETLINEEXTENDED t47+ .(INT RPOLATED) 158+- 3 (925.0) 6.5 q o / —� ci 26.0 162+-� STREET LINE EXTENDED / (926.2) N / qS` o° / / yF9sr 9T \�OVF \ oq� A : DENOTES IRON MARKER FOUND O : DENOTES CAST IRON MONUMENT FOUND BEARINGS SHOWN ARE BASED UPON AN ASSUMED DATUM W o Wo o°, m 0 � II Q N m m U) o 0 (U 6 Z ccO N w W a� U z z o:�W Q W z W z D. V zL: W cf) IJ 0 m z Z�s O z CC p Ep AGENDA ITEM Item No.: 18 Date: January 13, 2020 Item Description: LAI 9-000104 — City of Orono Text Amendment — Lake Access Easements in the RS zoning district — Public Hearing Presenter: Jeremy Barnhart, AICP Agenda Planning Department Community Development Director Section: Report 1. Purpose. Consider change to the subdivision code related to lake access easements in the Seasonal Recreation zoning district. 2. Background. The City Code allows inland property owners in the Seasonal Recreation (RS) zoning district to place private docks in right of way with Council approval (Section 78-567 (1)). The City received such a request (Case number LAI 9-000086), and in the review, it was noted that the applicant, adjacent property owners, the Planning Commission, and the City Council preferred a location through a neighboring property; however this solution is prohibited by City Code, section 82-255. At its meeting on December 91t', the City Council directed staff to prepare an ordinance amendment that would allow for inland properties in the RS zoning district to seek an easement to the lake. That proposed ordinance is attached as Exhibit A. An amendment of the subdivision code (section 82) requires a public hearing, typically conducted by the Planning Commission. Section 2-40 of the City Code allows the Council to conduct the public hearing. The public hearing has been scheduled. Analysis. The prohibition was established prior to the codification of the current ordinance in 1984, and has not been amended since then. The City has long prevented lake access via easement as a means to prevent lake crowding and overdevelopment. The draft ordinance would allow 20 inland lots to negotiate an easement with lake shore property owners in the RS zoning district, on Big Island. Several of these lots are owned by the same person. The 20 lots do not include those lots that are combined as a tax parcel with a lakeshore lot on Big Island. 4. Public Comment. To date, no comments have been received for or against the proposal. 5. Staff Recommendation. Staff recommends the Council adopt the Ordinance as drafted. COUNCIL ACTION REQUESTED City Council should review the draft ordinance and adopt or amend. Exhibits A. Draft Ordinance B. City Council Minutes C. Map of impacted properties Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV Council Exhibit A LA19-104 ORDINANCE NO. _, THIRD SERIES January 13, 2020 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING EASEMENTS FOR LAKE ACCESS IN THE SEASONAL RECREATIONAL ZONING DISTRICT THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Chapter See. 82-255 Lakeshore lots shall be amended by adding text to read as follows: Sec. 82-255. - Lakeshore lots. The granting of easement which purport to grant access to the lake to any person for any uses, including but not limited to docking, mooring, swimming and launching of boats, is prohibited and shall be deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this chapter. Exception. An owner of a riparian lot within the Seasonal Recreational (RS) zoning district may grant an easement over their riparian, RS zoned property to benefit a non -riparian, RS zoned property for lake access purposes. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of , 2020 on a vote of _ ayes and _ nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of 2020. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. 24. LA19-000086 — J. MARIE FIEGER, 580 BIG ISLAND, PERMIT FOR DOCK ON RIGHT- OF-WAY Staff presented a summary of packet memorandum. Walsh said he was at the Planning Commission meeting and it was very clear the access on the public easement doesn't make a lot of sense for the applicant or from a City perspective for emergency vehicles or barges that come and deliver stuff, because if there was a dock there, they could not get there. One of the problems is that there's an overall encompassing ordinance that says you can't grant lake access, which is what the applicant is getting from her neighbor to be able to have a dock and have ease of access to her property. He does not know if tabling the application makes sense or if it makes more sense to deny it because the City wouldn't put anything there to begin with. The bigger change would be to take the existing ordinance and craft out an exception for people on the two islands, that you could get a Right -of - Way from your neighbor to get to the lake, which would be the only way to do it because it's landlocked. At the Planning Commission he said he thought that would be an easy solution to solve a problem for a landlocked piece of land in the middle of an island that's been using a gracious neighbor's land who is willing to give an easement to solve the problem. It seems to be the logical solution, to carve out something very particular for a unique situation. Printup clarified that Walsh was saying the dock would stay where it has been for half a century but they'd make it legal. Walsh said the applicant would be able to get an easement from the neighbor, which would be part of his title, that would enable her to walk down his property to the dock and it would be permanent. Right now, the City's ordinance does not allow her to do that. Printup clarified that it would stay where it's been. Walsh indicated that it would stay where it's been forever. Printup confirmed the Council would not be dealing with any City property. Walsh said the Council would not be dealing with any City property and the Council is saying no to the City property because it really does not make sense. Crosby asked if the easement would stay with the property. Walsh stated it would be a private transaction between the applicant and the neighbor across the street and it would be a permanent easement he's willing to give her across his property so she has dock access. Printup noted no one would be hitting electric lines or anything else. Walsh stated no one would be hitting electric lines or barges trying to get past her dock or anything like that. He thought it would be an easy solution but something Mattick would have to craft, and it could be ready by the first meeting in January to vote on so the applicant can move forward. Crosby asked if that language would stay with the property. Page 1 of 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh confirmed that it would stay with the property and would be an easement that would basically give her permanent access. Johnson stated it seems to him they could have a dock there in the City easement, based on the ordinance for the zoning district. Walsh agreed it was possible. Johnson said it would have to be approved by the Council. What he likes about denying it on the City land is, there are quite a few more interior lots. This applicant owns two. From what he can tell, one of them is for sale. He does not know if they are putting both in there, but the City could be looking for a place for a second dock. Walsh stated it wouldn't be the City. Johnson said now there's an ordinance in place that says they can put a dock there, but the other ones that are in the interior are muted by the fact that they're owned by people that have lakeshore. The ones to the north are owned by people that already have their lake access through their own lot so it's not an issue, but at some point, it could become an issue. He asked what the City would do if there are six interior lots demanding a spot for their boat. Council members gave opinions on whether that is allowed, it could be requested or approved. Walsh stated the City land is not a feasible place to put a dock. Johnson agreed and said that is why there is some latitude within that ordinance about the City saying where it can be and they can approve it and it's annually renewable and can be cancelled by the City. He wanted everybody to be mindful that there are other ones there. Walsh said that is why the City needs to sculpt the language very tightly as far as what it applies to. Johnson noted the property owner would need cooperation from the LMCD. Walsh stated the City can't solve that issue. He said if that gives them lake right access, then they should be able to get a dock from the LMCD. Print -up asked if there is anything the City should do to make it very clear why the City does not want it in the City Right -of -Way, such as the danger and the barges and the flow of traffic. Walsh noted at the Planning Commission a lot of the neighbors said, because of the width, if you put a dock there, a barge bringing materials there could get there but they would probably be parking on private property. Then there are issues with barges going on private property versus the access that's supposed to be for them, and who can and can't go on the dock. Johnson added there's power lines and dock storage issues. Page 2 of 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Walsh confirmed there's power lines under the water in the mud and said if someone hit one of those, who knows what could possibly happen. He does not think anything shows or anyone knows where that is located under the water. Crosby asked if Walsh wanted the City to draft something on this item. Walsh confirmed he did and that it would be up to Mattick, understanding where the City Council is going with it and with Staff knowing all the feedback. Mattick said he does not necessarily hear a desire to take what's on the books off the books, but perhaps to expand what is allowed in this particular situation. Walsh stated the Council wants to give someone in the interior of an island, and dedicate what those islands could possibly be, an easement from a neighbor to be able to get lake access. Johnson added that is something everyone wants except one neighbor to the east. Walsh stated it's a denial because it does not make any sense and he thinks everybody is in agreement. He asked if everybody is in agreement to have Mattick work with Staff to come up with a very tight -knit exception rule to the ordinance the City has, because the City has islands that have no roads or anything else to them. Barnhart suggested a table action and then let Staff come back with an ordinance that allows the direction the Council has provided and then the City Council can make a decision based on two options available. If it is denied and the Council does not end up approving an ordinance, the Council has taken away the ability for the property owner to have the access. If there are a couple of options, Staff can move forward before the City Council makes a final decision. Walsh stated that would be fine. He did not think the City Council would approve it either way because of the access. Crosby asked why the City Council couldn't deny. Walsh clarified Staff is saying leave the door open just in case something weird happens and the City Council gives them access and says, "That's where you're going to have access" even though they don't want it there. Walsh responded in the affirmative. Crosby said he did not see that happening. Barnhart stated from a Staff perspective the concern is that the City Council is putting all of the ability for this property owner to have access to her property through another property, and if they can't come to an agreement, they don't have options available to them. Walsh said it would be hard for them to come to an agreement until they know they have an ordinance that lets them come to an agreement and tabling it doesn't hurt anybody. Page 3 of 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 9, 2019 6:30 o'clock p.m. Johnson asked if the Council is talking about amending the Code to allow anyone to do this. Walsh said it would be for two particular islands and it would be very, very specific. Johnson asked what the zoning district was. Curtis answered it was RS. Walsh noted the language could be very, very tight because there are very unique circumstances because the City has islands that have residents on them. Printup moved, Crosby seconded, to table LA19-000086 — J. Marie Fieger, 580 Big Island, Permit For Dock On Right -of -Way, with direction to Staff and Attorney Mattick as discussed. VOTE: Ayes 5, nays 0. Page 4 of 4 Hennepin County Property Map Ilk, $III i$_'C I'tfll C'i n 5 Date: 1/3/2020 z 7-0 3 1 11AcJ'�}'3[a !'f Island Iq PARCEL ID: 2211723140001 OWNER NAME: Three Rivers Park District PARCEL ADDRESS: 740 Big Island, Orono MN 55331 PARCEL AREA: 45.26 acres, 1,971,719 sq ft A -T -B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2018, PAYABLE 2019 PROPERTY TYPE: Vacant Land -Lakeshore HOMESTEAD: Non -Homestead MARKET VALUE: $0 TAX TOTAL: $0.00 ASSESSED 2019, PAYABLE 2020 PROPERTY TYPE: Vacant Land-lakeshore HOMESTEAD: Non -homestead MARKET VALUE: $0 i611i6 Zo L�u,Nn F�.van 1 inch = 800 fE Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2020 AGENDA ITEM Item No.: 19 Date: January 13, 2020 Item Description: Request for permission to review Employee Handbook Presenter: Dustin Rief, City Administrator Agenda City Administrator Section: Report 1. Purpose: To complete a comprehensive review of the Employee Handbook 2. Background: The City adopted the current employee handbook on February 9, 2009. The handbook has since been amended two times for individual policy changes, February 24, 2014 and December 10, 2018, but has not seen a comprehensive review of all policies since 2009. 3. Staff Recommendation: City Administrator recommends approval of the request to review and present recommended changes to the council upon completion. COUNCIL ACTION REQUESTED Motion to approve the request for permission to review the Employee Handbook. References A. Employee Handbook B. Council Meeting Minutes for February 9, 2009, Item # 12. Prepared By: 5b)R Reviewed By: -Sb)R Approved By: -T)2 AGENDA ITEM Item No.: 20 Date: January 13, 2020 Item Description: CenterPoint Energy Franchise Ordinance Renewal Presenter: Dustin Rief, City Administrator Agenda City Administrator Section: Report 1. Purpose: To renew the Center Point Energy Franchise agreement that expired in May of 2019. 2. Background: The City was contacted by Center Point Energy in April of 2019 to renew the expiring franchise ordinance that was originally approved on May 26, 2009. Center Point energy and predecessors have maintained a franchise with the city in excess of 40 years. City staff and Center Point legal teams worked through many iterations of the ordinance. Changes to the Ordinance include the length of term at 15 years, limits on the continuation of the franchise without an agreement to 1 year, limits on the length of time restoration takes place, updates to the franchise fee section related to law changes, and changes to indemnification requirements. This ordinance does not adopt a franchise fee. The City Attorney's office has reviewed the language of the ordinance. 3. Staff Recommendation: City Administrator recommends approval of the Ordinance and Summary Ordinance. COUNCIL ACTION REQUESTED Motion to Approve the Center Point Energy Franchise Ordinance and Summary Ordinance Exhibits A. Center Point Franchise Ordinance B. Center Point Franchise Summary Ordinance Reference A. Ordinance No. 61, 3' Series Prepared By: -1b)R Reviewed By: -Sb)R Approved By: -T)2 CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY FOR SUCH PURPOSES; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Orono County of Hennepin State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use, but not including any gas manufacturing, processing or storage facilities. Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Vice President Regional Operations - Minnesota, 505 Nicollet Mall, Minneapolis, Minnesota, 55402. Notice to the City shall be mailed to 2750 Kelley Parkway, Orono, MN 55323. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit and which is not a Public Way. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of fifteen (15) years from the date this Ordinance is passed and approved by the City, the nonexclusive right to import, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. Written acceptance or rejection of the franchise by the Company must be filed with the City Clerk within sixty (60) days after written submission of a City adopted and approved ordinance to the Company. 2.3. Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall give Notice to the other party of the default and the desired remedy. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the Notice, the parties may j ointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the selected mediator, Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one (1) year after expiration of the fifteen (15) year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this Franchise. 3.2. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, irrespective of any franchise fee imposed pursuant to this Ordinance. Company will comply with all permit conditions established by the City. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public -right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. Except in the case of emergency work, work undertaken without a permit by the Company or its agents shall be subject at the discretion of the City to a penalty in the amount of twice the established permit fees in addition to any other remedy or penalty specified or allowed in City Code or State Rules. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds, including paving and its foundation, in accordance with Minnesota Rules, 7819.1100 and applicable City ordinances. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for two (2) years thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City, including administrative expense and overhead. This remedy is in addition to any other remedies available to the City for noncompliance with this section. In all Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual other aspects, Company shall comply with the terms of Minnesota Rules 7819.1100 for restoration of Public Ways and Grounds, and Minnesota Rules 7819.3000 and 7819.0100. 3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. The Company and the City will comply with all applicable laws and codes including Minnesota Statute 216D when performing work near the Gas Facilities. 3.5. Notice of Improvements to Streets. The City will give Company reasonable Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mapping Information. If requested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. Upon request by the City, the Company must provide field locations for any of its Gas Facilities within the period of time required by Minnesota State Statute 216D. 3.7. Emergency Response. As emergency first -responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City when notified. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways and Public Grounds. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 and any applicable City right-of-way ordinance consistent with state law, with respect to requests for the Company to relocate Gas Facilities located in either Public Ways or Public Grounds. The City may require the Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon a finding that the Gas Facilities have become or will become a substantial impairment to the existing or imminent public use of the Public Grounds, unless those facilities are located within a private easement held by the Company. The City will provide an alternate location in public ground or a public right-of-way for the Company to relocate its gas facilities. 4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes Sections 161.45 and 161.46 if funds for these purposes are available. Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury or death to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS. The City shall give Company at least two (2) weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with City Code, Minnesota Statutes Section 160.29, Minnesota Rules 7819.3100 and Minnesota Rules 7819.3200 with respect to any request for vacation. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The franchise fee will be collected on a flat per meter basis, or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. 8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than ninety (90) days after Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the franchise fee ordinance are inconsistent with this franchise or state law, provided the Company notifies the City of the same within the ninety (90) day period. Any franchise fee ordinance applicable to the Company which is in place on the effective date of this Franchise shall be immediately effective without further notice to the Company. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed- upon franchise. 8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission's March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one (1) year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9. ABANDONED FACILITIES. The Company shall comply with Minnesota Statutes, Section 216D.01, et seq., as it may be amended from time to time and applicable city code provisions with respect to abandoned facilities located in Public Ways and Public Grounds and with Minnesota Rules, Part 7819.3300, as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third -party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 10.3. Successors in Interest. This ordinance and the rights and obligations conferred hereby, is binding on and inures to the benefit of the City and its successors and on the Company and its successors. SECTION 11. AMENDMENT -PROCEDURE. Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within sixty (60) days after the effective date of the amendatory ordinance. This amendatory procedure is subject, however, to the City's police power and franchise rights under Minnesota Statues, Sections 21613.36 and 30113.01, which rights are not waived hereby. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This Franchise supersedes and replaces previous franchises granted to the Company or its predecessors, including but not limited to Ordinance Number 61, Yd series. ADOPTED this day of , 2020, by the City Council of the City of Orono. CITY OF ORONO Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual C ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual SUMMARY ORDINANCE NO. AN ORDINANCE GRANTING A NONEXCLUSIVE GAS FRANCHISE TO CENTERPOINT ENERGY NOTICE IS HEREBY GIVEN that, on , 2019, Ordinance No. was adopted by the City Council of the City of Orono, Minnesota. NOTICE IF FURTHER GIVEN that, because of the lengthy nature of Ordinance No. the following summary of the ordinance has been prepared for publication: Ordinance No. grants a nonexclusive gas franchise and sets for the terms thereof. A printed copy of the entire Ordinance is available for inspection by any person during the City Clerk's regular office hours. APPROVED for publication by the City Council of the City of Orono, Minnesota, this day of , 2020. CITY OF ORONO Dennis Walsh, Mayor ATTEST: Anna Carlson, City Clerk Model Franchise Ordinance - CenterPoint Energy Page 1 1 I:\Legal\Franchise\Franchise Manual