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HomeMy WebLinkAbout10-14-2008 Council Work Session Packet Council Work Session 6:15 p.m., Tuesday, October 14, 2008 Orono City Council Chambers AGENDA 1) MSA Matter (6:15 - 6:45) 2) Roundabout (6:45 - 7:10) 3) Casco Point Project (7:10— 7:25) 4) Stonebay (7:25 — 7:35) 5) Lake Minnetonka Chamber (7:35 —7:40) 6) Gillespie Center(7:40—7:45) 7) Update on Met Council's Density Issue Regarding 3125 Fox Street (7:45 —7:55) 8) Comp Plan Process and Scheduling (7:55 — 8:00) 9) Change orders (8:00— 8:10) a) Crystal Bay Business Center—contaminated fill b) TH 12 Orono Shopping Center Water Main Project 10)Finance Update (8:10—8:30) a) 2008 YTD b) 2009 Budget c) Investments Previous Work Session Topics September 23 o Police Issues-Employment Law Suits o Decision Resources (6:30) o Special Event Permits o Casco Point Project o Stonebay Issues o Striping - Glendale Cove o LL/Orono Utility Agreement o Refinance Bonds September 10 o County Road 19 Trail Update o Police Contract Cities o Casco Point Project o Stonebay Issues o Sewer Easement— 800 North Arm o Comp Plan—Parks Chapter o Molly's Corner Shoreline Project o Seeland COMBINED SUBCOMMITTEE MEETING Web/Teleconference Meeting Minutes Wednesday September 17, 2008 8:30 am to 9:40 am Welcome - Greg Coughlin Greg Coughlin called the meeting to order at 8:30 am. In attendance via telephone were Lee Gustafson (Minnetonka) chair of the UCFS, Mike Metso (Past President), Chuck Ahl (Maplewood) of the UCFS and Dave Kildahl (Thief River Falls) chair of the NSS, Craig Gray (Bemidji) and Deb Bloom (Roseville) of the NSS. Also in attendance were Mel Odens, chair of the MSB and Rick Kjonaas (via telephone), Greg Coughlin, Mike Kowski and Marshall Johnston from Mn/DOT. Background on Orono issue - Marshall Johnston, Mike Kowski Marshall Johnston presented information on the history of the Orono issue. and reviewed the attached HISTORY OF ORONO ISSUE document. Greg added there were several meetings with District State Aid staff and City of Orono staff in the timeframe between April 07 and Fall 07 screening meetings. Greg also mentioned poor communication and clarification of requirements has set us back about six months. This issue has been before the subcommittee several times and there was no discussion on the background information presented by Marshall. Update on actions since Spring 2008 MSB Meeting - Greg Coughlin, Mike Kowski DSAE letter to Orono Greg reviewed the letter he sent to Orono. Per Municipal Screening Board motion, the letter included excerpts from the Spring 2008 MSB meeting minutes and outlined what the city needed to do to come into statutory compliance. Please see the attached letter dated June 30, 2008. Certification of Mileage and system revision submittals by city Mike Kowski explained that the city has met all criteria requested by the MSB. They submitted a revised Certification of Mileage prior to September 1, 2008. They removed all of the local private road mileage (13.84 miles) from their calculations, which resulted in them having an excess of 2.94 miles on their MSAS system. The city then submitted a system revision requesting to revoke 2.98 miles from their MSAS system. This initial request was reviewed and commented on. Suggestions were made regarding the potential payback if certain routes were revoked. The City prepared a second proposal for revocation of routes which was reviewed and given preliminary approvaL The roads remaining on the MSAS system continue to meet the criteria to be designated as MSAS. Please see the attached revised Certification of Mileage form and Letter from Mayor of Orono dated August 11, 2008 Summary of Adjustment options—Marshall Johnston Marshall reviewed seven different adjustment options that he had prepared. The adjustments ranged from a minimum of a zero retroactive adjustment, to a maximum of a 5 plus 2 year retroactive adjustment. The maximum adjustment is based on the 5 year historical time period for an adjustment plus the two years since the inequity was reported and Orono continued to be over paid. . Marshall presented a history of adjustments between 2000 and 2008 which included the background on the five year historical adjustment. The subcommittee had lengthy discussions about many of these 41 adjustments. Please see the attached documents titled SUMMARY OF ADJUSTMENT OPTIONS and HISTORY OF INDIVIDUAL ADJUSTMENTS. DSAE Recommendation —Greg Coughlin Greg presented his recommendation as directed by the MSB. Please see the attached document titled DSAE recommendation to combined subcommittee for his explanation of this recommendation: for an adjustment retroactive, 1 '/4 years, to April 2007 when the City of Orono self reported inaccuracies in their approach. I believe if the Municipal Screening Board(MSB) subcommittees and the MSB agrees to this recommendation, the Orono private road matter will be resolved. Motion by Mike Metso to accept the DSAE recommendation Motion died for lack of a second. Subcommittee Discussion - All Chuck Ahl stated that the city has a responsibility to live with the consequences of this adjustment. It is not a penalty. They actually received other cities money for many years and we need to correct this inequity. Should be a minimum of a 5 year adjustment. Lee Gustafson said he came into the meeting prepared to impose the maximum adjustment possible. Marshall stated that he had reviewed Orono's mileages going back 11 years, and this excess mileage was included for at least that long. Lee stated that based on Marshall's research and the handout titled HISTORY OF INDNIDUAL ADJUSTMENTS (attached) the city should receive at least a five year adjustment. Mike M. asked Dave Kildahl, as a consulting engineer, to give his perspective. Dave said that this really puts the consultant in a bad position, and that he would not bring the issue to the attention of SA without the city's knowledge. He then said that he feels the city should receive at least a five year adjustment. Deb Bloom stated she feels that the city engineer usually brings the question to State Aid's attention. Arden Hills had a consulting engineer when they received their Individual Adjustment for having a private road on the MSAS system, and she was told that the city engineer at that time brought it to State Aid's attention. She said all of these adjustments are made because a city has been collecting money they are not entitled to. Motion by Dave Kildahl, Second by Craig Gray that the city of Orono receive a 5 year retroactive adjustment for the Needs generated by the excess mileage they had on the MSAS system because of using private roads in their computations. Lee said the city had a staff engineer for many years who was familiar with the State Aid system and he feels the city knew these were private roads. He will support the five year adjustment. Mike M. noted he is struggling with not going along with the DSAE recommendation, but will agree to support the motion for a five year retroactive adjustment. Chuck agreed with Mike about not going along with the DSAE recommendation, but for equity he feels that the five year adjustment should be imposed. 42 Mike K. inquired as to what the city's options were if they disagree with the MSB's final action. He stated he had a meeting with the mayor and city attorney from Orono and he expects to have another to explain this adjustment. Rick Kjonaas explained that, according to Julie Skallman, the MSB motion is a recommendation to the Commissioner of Transportation. If the city disagrees, their next step is to schedule a meeting with Julie, as the Commissioner's representative. At this meeting, the city would present its case, and Julie, taking the MSB's motion into consideration, would make the final decision. Lee stated that they all acknowledge and appreciate the efforts of the city. They came forward on their own and we all acknowledge their honesty and integrity. He stated that this adjustment could have been longer. It could have been from 11 to 25 years. We know they have been receiving other city's money for at least 11 years. Mike M. stated that we have not made a recommendation on a pay back period. Craig stated that a payback period should be at least 5 years. Deb stated that we should work with the city on a time line. Rick K. feels that State Aid could negotiate a pay back with the city based on its construction and maintenance schedules. Lee proposed the following friendly amendment: A repayment schedule for the negative adjustment should be made within a 3 to 5 year time period based on discussions between the city and the DSAE. Dave and Craig agreed to the friendly amendment. The motion was called. Motion carries unanimously Greg thanked the subcommittee for the opportunity to present a DSAE recommendation and indicated he will support decisions of the subcommittee and MSB. The meeting was then adjourned. Respectfully submitted, R. Marshall Johnston Municipal State Aid Needs Unit For the Combined Subcommittee Recommendation of the Subcommittee to the MSB That the city of Orono receive a 5 year retroactive adjustment for the Needs generated by the excess mileage they had on the MSAS system because of using private roads in their computations. Based upon discussions between the city and the DSAE, the city shall have from three to five years to repay the excess funds they have received. 43 HISTORY OF ORONO ISSUE ISSUE The MSB has determined that Orono has been using private roads in the total mileage used to compute the amount of MSAS mileage available to the city. They now have to determine if Orono should receive an adjustment to their Needs. TIMELINE Apri12007 Orono inquired as to whether they were computing their mileage correctly. Fall 2007 Presentation by Orono City Administrator at Metro Pre Screening Board meeting Fall 2007 Discussed at Combined Subcommittee meeting of September 19,2007. Their recommendations to the MSB: 1. Do not allow cities to include privately maintained roads in their computations. 2. Ask the MSB to define city streets as used in this context. 3. Notify all cities of our policy not to include these types of roads in the computations. 4. Any city whose MSAS system is over designated because of including theseroad types in their computations must come into compliance. 5. A negative Needs adjustment of up to five years for past excess mileage. Fall 2007 Motions passed by the MSB at its October 24,2007 meeting 1. Motion by Bloom, seconded by Salsbury. Orono's private roads should not be included towards the centerline mileage for the Certificate of Needs Mileage and should not count towards their total mileage in the City of Orono. 2. Motion by Pagel, seconded by Mathison that if the City of Orono accepts these private roads as public streets prior to December 31, 2007, that there would be no Needs adjustment. 3. Motion by Bloom, seconded by Maurer that the Board request the DSAE research what has been done in the past for adjustments and if the deadline is not met in the previous motion, that DSAE come forward with a recommendation of adjustment at the spring screening board meeting based on what the research is. Ask the Needs Study Subcommittee and UCFS to consider the need for a formal definition. December 2007 City passed CC resolution 57]1 titled `A RESOLUTION DESIGNATING PRIVATELY MAINTAINED ROADS AS CITY STREETS' on December ]0, 2007. 44 Spring 2008 Discussed at Combined Subcommittee meeting of Apri123,2008. Their recommendations to the MSB: 1. The NSS/UCFS has reviewed the City of Orono Resolution No. 5711 and found that it does not satisfy the 2007 MSB motion. 2. Recommend to the DSAE and the MSB that any "private street" segments not made "public streets" by September 1, 2008, shall be removed from the 2007 certification of mileage (submitted 1/l5/2008) 3. The NSS/L1CFS advised the MSB that a definition for public streets is not needed at this time. Sprin�2008 MSB Meeting Presentation by a representative of Orono. Motions of the Sprin�2008 MSB 1. Motion by Keely, second by Matthys that Orono Resolution 571 l does not satisfy the 2007 MSB motion; the City must have delivered to it public ownership of the property for public R/W purposes or a permanent public R/W easement; all conflicting documents, easements and covenants must be revoked by the responsible authority. 2. Motion by Gray, second by Matthys, directing the State Aid Engineer that any private road that has not been made a public street by September 1, 2008, shall be removed from Orono's 2007 Certification of Mileage. 3. Motion by Maurer, second by Voigt, directing the District State Aid Engineer to send a letter to Orono with excerpts of the minutes explaining what they need to do. Letter sent by DSAE on June 30,2008 explaining what Orono needed to do. Revised Certification of Mileage received from Orono in late August 2008. System revision request received form Orono in late August requesting to revoke 2.98 miles from their MSAS system. 45 � ��NtSUrq Minnesota Department of Transportation �� ° Metro District Office Tel: 651-234-7760 ff Office of State Aid Office Fax: 651-234-7765 ��r°�n'"`'y¢ 1500 West County Road 62 Roseville, MN 55113-3174 June 30, 2008 James M. White, Mayor City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Dear Mr. White: The intent of this letter is to provide clarification from the Municipal Screening Board to the City of Orono on the matter of private roads and the relationship to the City's State Aid system. The Municipal Screening Board met on May 28 and 29, 2008 to discuss the matter of private roads within the City of Orono. Prior to the Screening Board meeting, the topic was thoroughly reviewed by combined Screening Board subcommittees and the District Pre-Screening Board meeting. City representatives attended and participated in all these meetings. The concern of the State Aid office and the Municipal Screening Board is the appropriate distribution of State Aid funding based on Minnesota statutes and State Aid rules. State statute 162.09 allows up to 20%of the jurisdictional mileage of public streets to be eligible for State Aid designation. A city must have jurisdiction over the mileage in order to receive financial assistance. The Municipal Screening Board's direction includes defining and implementing a recordable documented process which accepts private roads as publicly owned and maintained streets. The following two motions were passed by the Municipal Screening Board on May 29, 2008. The City of Orono resolution 5711 does not satisfy the 2007 Munici;al Screeen� Board motion; and the city must have delivered to it public ownership of the propertv for public ri�ht of way qurposes or a permanent public ri�ht of wav easement; and all conflictin� documents, easements and covenants must be revoked bv the responsible authority. Any private road that has not been made a public street by September 1,2008 shall be removed from Orono's 2007 certification of mileage. Given this second motion, I would encourage the city to reduce its State Aid mileage today and then continue to increase the system size on an annual basis as private roads become public streets. An equal opportunity employer 46 Mr. James M. White,Mayor June 30, 2008 Page 2 Please contact me at 651-234-7761 if the city desires further clarification on this matter. Sincerely, Greg M. Coughlin, PE Metro District State Aid Engineer Cc: Mel Odens, Chair, Municipal Screening Board Lee Gustafson, Chair, Municipal Screening Board subcommittee Rick Kjonaas, SALT Marshall Johnston, SALT Mike Kowski, Metro State Aid Kevin Hoglund, Bonestroo 47 Municipal Mileage Revisions During Municipal Mileage 20�7 as of Dec.31,2006 Current Year(+or-) as of Dec.31,2007 ANNUAL CERTIFICATION �° �° ° d d .� > -� > � OF MILEAGE � ` ' � a ' ` a ' a o ;_, o ++ � 0 � y � � � � y � � i6 SEE INSTRUCTIONS INCLUDED IN PACKET p K '� � p o 'x = � o a x � � O *RECORD REVISIONS ON BACK OF FORM Z W � - H Z W � - H Z W � - H I II 111 IV V VI VII VIII IX X XI XII MILEAGE NOT CONSIDERED IN THE COMPUTATION OF BASIC MILEAGE 1. Trunk Highways 3.22 3.22 3.22 3.22 2. Trunk Highways Turnbacks (Designated as MSAS-mileage above 20%) 3. County State Aid Highways (Exclude mileage designated as MSAS) 25.94 25.94 25.94 25.94 4. County State Aid Highway Turnbacks (Designated as MSAS-mileage above 20°/a) (+or-) 5. Total Mileage of Line 1 Thru 4 Previous = 29.16 Adjustment= Current = 29.16 BASIC MILEAGE: MILEAGE CONSIDERED IN THE COMPUTATION OF ALIOWABLE MILEAGE 6. Municipal State Aid Streets (Exclude Trunk and County Highway Tumbacks and Mileage Partly Outside the City Limits) 12.43 12.43 -2.98 -2•98 9.45 9.45 7. County Road Turnbacks (Designated as MSAS) � 8. County Roads � (Exclude mileage designated as MSAS) 0.12 0.12 0.12 0.12 9. Other Local Roads And Streets-not designated (Include T.H.&CSAH frontage roads) 51.71 51.71 -13.84 -13.84 37.87 37.87 (+or-) 10. Total Improved Basic Mileage(lines 6+�+g+9) Previous = 64.26 Adjustment= -16.82 Current = 47.44 11. Percentage Limitation Allowed by Statute X 0•20 12. MAXIMUM MILEAGE ALLOWED FOR M.S.A.S.DESIGNATIONS (Col XI,Line 10 Times Line 11). 9•49 13. Total Municipal State Aid Street Designated(Colum XII,Line 2+4+6+7). 9.45 14. Total Miles of T.H.&County Highway Turnbacks designated as MSAS Above 20°/a(Col.XII Line 2+4+7). (-) 15. Mileage designated MSAS-not including T.H.and C.R.Turnback mileage(Line 13 minus Line 14). 1-) 9.45 16. MSAS Mileage Partly Outside the City Limits (-) 17. Municipal State Aid Street Mileage Over/Under Maximum Allowed. (Line 12 minus line 15 minus Line 16�. 0.04 I hereby certify that the total Improved Mileage(CoI.XI.Line 5+10)in the Municipality of Orono as of December 31,2007 is 76.60 Miles. Signed Tom Kelloq4 Title Citv Enqineer Date -; 2�t03 REV N UISAS�EXCElNA1LERGE CERTFlC�T10N�200�CERTFIUTION OF MILE�GE FOftMXLS � AUG 18 2008 �" � . � � �, t,����. ., CITY of OR�NO a r��,�. �, - � M���i o��� E �'�,t"��'��.��t''���t� G~ Street Addross: MaflinQ Addreu: \ ���"� ' '� 'l��Hp4� 2750 Kelley Paricway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323•0066 August 11,2008 Mr. Greg Coughlin,PE Metro District State Aid Engineer Mn/DOT, Waters Edge 1500 West County Road B-2 Roseville, MN 55113-3174 Re: Orono State Aid System Dear Mr. Coughlin: The City or Orono has reviewed your letter dated June 30, 2008 detailing the requirements set forth by the Municipal Screening Board related to the City's private road issue. The City understands the Screening Board's request to revoke the existing covenants and any conflicts that may exist between other documents, including easements, in order to satisfy the Screening Board that these are publicly owned roadways. The City of Orono wants to take the required action necessary to meet the requirements of the Screening Board as well as meeting the State Aid Rules that are in place for the Municipal State Aid Street(MSAS) funding program. The City has closely reviewed the process it would need to implement in order to make the required changes to the system. In order to take over the large number of roadways as public roadways, a substantial amount of time will be required to resolve existing covenants and easements that are in place. The City also understands the Screening Board's desire to resolve this issue in a timely manner and has set the date of September 1, 2008 as the deadline to modify the City's existing State Aid Street system based on roadways currently under the jurisdiction of the City. Due to the tight timeline, the City agrees to remove the existing roadways in question from the calculation of state aid mileage and remove the required number of miles from the City's exisring MSAS system now. Based on the City's inventory of roadways, the number of miles that will be removed from the MSAS calculation is 17.25 miles. This equates to 3.45 miles of State Aid road mileage. The City currently has 0.51 miles of undesignated state aid mileage so the total number of State Aid road mileage to be removed from the system will be at least 2.94 miles. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.�nn.us 49 Mr. G�reg Coughlin, PE August 11, 2008 Page 2 The attached MSA System Revisions map and chart provide details on the roadways that the City would remove from the State Aid system. The City is requesting that the Mn/DOT State Aid Office implement these changes at this time in order to meet the September 1, 2008 timeline set by the Screening Board. The City will provide assistance necessary to accomplish this and will submit a revised 2007 Annual Certification of Mileage. The City reserves the right to include additional miles of road in the MSAS calculation in future years once the City has clarified the covenants and easements on its private roads. The City appreciates your efforts in this matter and is committed to resolving this issue. Should you have any questions,please contact me at 952-473-9777. Sincerely, �r�.�-r.. � - ��-�, James M. White Mayor Enclosures: Orono MSA System Revisions Map Orono MSA System Revisions Chart 50 SUMMARY OF ADJUSTMENT OPTIONS Orono submitted an adjusted 2007 Certification of Mileage by the September 1 deadline set by the MSB. They will be coming into statutory compliance for the January 2009 allocation.The requested 2.98 miles of MSAS system revocations have preliminary approval from State Aid. The final step in this process is for the MSB,with a recommendation by the Combined Subcommittee,to decide if and how a retroactive negative Needs adjustment should be applied. Orono currently requests 25%of their total allotment to their maintenance account.They can adjust this percentage,but they cannot exceed 35%of their total allocation without getting a variance from the Variance Committee. FUTURE ALLOCATIONS No matter which option is selected,the MSAS mileage for Orono will be reduced by at least 2.94 miles in 2009.The MSAS mileage will increase as the 13.84 miles of private roads become public streets. Orono's Needs will decrease from$11,838,061 to approximately$8,000,000 in 2009. By reducing its system size,before any adjustments are applied,and using last years allocation,Orono's 2009 construction allocation will be approximately $178,720 and its maintenance allocation about$59,573. ADJUSTMENT OPTIONS Zero Adjustment The city will receive no retroactive adjustment. Future MSAS allocations would be based on 2.98 fewer miles. One Year retroactive adjustment Orono has received Needs on these 2.98 miles for at least one year after they self reported in April 2007. Based on actual Needs of the revoked segments,this would be a$3,883,575 Needs adjustment or approximately$55,496 in actual dollars. Repayment could be lump sum or multi year One and 9/12 Year retroactive adjustment Orono has received Needs on these 2.98 miles for one and 9/12 years after they self reported in April 2007. Based on actual Needs of the revoked segments,this would be a$6,765,464 Needs adjustment or approximately$96,678 in actual dollars. Repayment could be lump sum or multi year Two Year retroactive adjustment Orono has received Needs on these 2.98 miles for two extra years after they self reported. Based on actual Needs of the revoked segments,this would be a$7,726,094 Needs adjustment or approximately$110,406 in actual dollars. Repayment could be lump sum or multi year. Five Year retroactive adjustment Historically,a five year adjustment has been computed when the first year of the inequity cannot be easily determined. Based on actual Needs of the revoked segments,this would be a$17,688,164 Needs adjustment or approximately $252,764 in actual dollars. Repayment would have to be multi year. 51 Five plus one and 9/12 retroactive adjustment Base adjustment on the historical five year period plus the one and 9/12 years since the inequity was reported and we continued to overpay Orono. Based on actual Needs of the revoked segments,this would be a$22,554,845 Needs adjustment or approximately$322,309 in actual dollars. Repayment would have to be multi year. Five plus two retroactive adjustment Base adjustment on the historical five year period plus the two years since the inequity was reported and we continued to overpay Orono. Based on actual Needs of the revoked segments,this would be a$23,S15,475 Needs adjustment or approximately$336,036 in actual dollars. Repayment would have to be multi year. 52 ORONO NEEDS GENERATED BY SEGMENTS THE CITY HAS PROPOSE�TO REVOKE egmen Number 2008 Allocation 2007 Allocation 2006 Atlocation 2005 Allocation 2004 Allocation 2003 Allocation 2002 Aliocation 101-040 $487,825 $466,026 $419,733 $40'1,593 �387,882 $376,544 $376,207 101-050 308,981 295,173 265,853 254,363 245,677 238,496 238,225 104-035 196,856 166,128 152,582 144,570 139,340 135,071 121,433 105-005 759,314 756,619 699,125 671,030 650,137 632,422 543,062 105-020 1,133,592 1,130,419 1,044,364 1,002,401 971,201 944,769 811,722 106-010 210,187 209,077 195,768 '189,598 185,025 181,157 157,524 108-020 694,300 731,413 676,561 611,431 590,670 574,944 495,735 111-010 92,520 87,664 63,�66 new in 2006 Total $3,883,575 $3,842,519 $3,517,152 $3,274,986 $3,169,932 $3,083,404 $2,743,908 � From 2002 through 2007,the Needs generated by segment 152-104-035 are are calculated using a proportion of 0.16/0.63 of a longer segment. W From 2002 through 2005,the Needs generated by segment 152-108-020 are calculated using a proportion of 0.45I1.�0 minus the railroad needs of a longe segment. One Year Needs Adjustment based on 2008 is $3,883,575 or approximately $55,496 actual dollars One Year and 9/12 Needs Adjustment based on 2008,and 2007 after city notified SA in April 2007 is $6,765,464 or approximately $96,678 actual dollars Five Year Adjustment based on 2008-2004 is $17,688,164 or approximately $252,764 actual dollars Five plus one and 9/12 adjustment based on 2008-2002 is $22,554,845 or approximately $322,309 actual dollars The city will be revoking 2.98 of their 12.43 miles on the MSAS system. Their adjusted Needs in 2008 were$11,838,061 Their adjusted Needs in 2009 will be approximately$7,954,486 MSASIeiceVOrono segment albcations 3008-2002.x1s HISTORY OF INDIVIDUAL ADJUSTMENTS From 2000 to 2008 If an inequity has existed for longer than five years, and the first year of the inequity cannot be easily determined, a five year adjustment has historically been applied. If the length of time an inequity has been included can be easily determined, an adjustment from the first year to the current year has historically been applied. Since the January 2000 allocation the following cities have received Individual Adjustments: 2000 None 2001,2002,2003 Arden Hills- private road on MSAS system. f��;��ir ��c<:i�� ,1c�.;,��i�,� Needs adjustment received in 2001 Based on year private road was designated as MSAS. Total $1,445,443 �>n�� �.�.��� ;�,���s�:�ii���� Needs adjustment in 2002. Total $449,912. (�nr ���:�r �����,��ti���Needs adjustment in 2003 Total $533,702. Total negative adjustment for city is $2,429,057 over a three year period 2001 Maplewood truck routes A route which had been restricting trucks was removed from the system in 1998. The city added that route back onto their MSAS system in 2001. 2001 Ramsey speed humps The city was notified that speed humps were not allowed on MSAS routes. The city removed the speed humps. No adjustment applied 2001,2002 Edina Combination Routes Per MSB resolution, the Needs from 1.99 miles of combination routes were r���,��»�:+.I in 2001. An nc��-,;�i�c adjustment of$2,785,982 for the 1.99 miles of combination routes in 2002. An t��<r �i�.��� +.•�tin�a���cl ��c���:iti�c adjustment of over$SM. 2002,2003, 2004,2005,2006 Robbinsdale Combination routes A nc��.��i�.�� adjustment of$687,962 for 0.74 miles of combination routes in 2002. A n�:�ati�� adjustment of$763,925 in 2003. A ��4.���aeivc adjustment of$1,477,845 in 2004 A r7�:�g..��tive adjustment of$1,531,502 in 2005 A «c�-��ati���� adjustment of$1,602,835 in 2006 Total negative adjustment was $6,064,069 2003 Alexandria non qualifying bridge Needs A , ;� , ; , !� , , ' ��� � , .�:�r� of Needs was $30,130 :��� �n;� ��_�u ,� �: ,����� ��l �;�� 54 i 2003 Chaska non qualifying bridge Needs A �n�lt tit�l�� ��e��<�ti��r� �i�.{ju�Un�r;t f���� i�i� 1.� �� �,,.�iu-5 ofNeeds was $134,860 2003 Minneapolis non qualifying bridge Needs A �7nc (in�� nti�.�<iti��� ;��f;u�t.�i;�����:t I��;r n;�� i��� `� � c;'���� ofNeeds was $32,200,220 2003 St. Paul non qualifying bridge Needs A �.nl�� 1ini�• ;i..�,_.�.���� ,i�'siEi�,tn��:.•���I I��� �G�� ��, -�; � ,��3r� ofNeeds was $5,473,341 2004 73 cities Street Lighting A � ,. ti�n�� , ... .n �������� �,.���: adjustmentof$9,962,160 2004 Brainerd THTB incorrectly coded A ��:,�' Ein;�: ��n� �c;}�- r7c�,;�,ti��� adjustment of$2,357,895 2004 Maple Grove incorrectly computed non existing bridge adjustment A �,r,�� tin;-�• ��n,�� �� t��.t� ��.�������-i���.�� needs adjustment of$645,000 2004 St. Francis incorrectly computed non existing bridge adjustment A ���. �;���,_ , � ,�, .� needs adjustment of$680,000 2005 Marshall Excess Balance adjustment A �>>7�� �i�si�� ��n�� �.�.�+� �����it��,��' adjustment of$1,538,905 2005 New Ulm Low Balance Incentive adjustment A , ;,�, �� ,�,� ,�����. � ._,;a� r�; _���;�i��w_ adjustment of$96,064 2006 Andover incorrectly computed non existing bridge adjustment A ���n�• �ii�ri�• c'�i��� �:.�,E� ��tc:��,ili�� adjustmentof$377,400 2006 Chanhassen segment incorrectly removed from needs A ,��: i�n,, � �.;, ;�i, . adjustment of$2,241,645 2006 Chanhassen bridge incorrectly generating needs A ����� ti,���� !i�r ���s!� n�:��,_��[i�.ti� (uni:i�u���n �,�c,���y adjustmentof$2,820,816 2006 Fridley Soil Factor revision A , .� _.._ , . . ,�� ���� :i r�� adjustment of$1,602,781 2006 Inver Grove Heights segment not removed from needs A �,�i'�� �in�!�• i � •�;��;i�� �i��ti:,.�i� �����:ir f '�<�r;, �.�:i�,� �.�I���.�����.� . �� �� of$7,680,750 2006 North Mankato segment not removed from needs A (111�� lll'il.' ��A��Ci1 A�;�i� ilC_ i1iA�.' :1l��il�Ii�ilClli (;!�•�li� \i;il �}7 I�t'\,��;:lltl;l} Of�97g�5g3 55 2006 Richfield `After the Fact' right of way adjustment A ����!;�_ �iri��c ��nc� t�.��;r ;����.;';�e adjustment of$1,472,480 2007 None 2008 Shakopee THTB incorrectly coded in needs A ��n�� ������_ I;,t�� ���,•�u r�•�,.�ri�� ii����,�n ����:r��1��1,� , ���.;,,,�i of$4,359,892 2008 Duluth THTB incorrectly coded in needs A ��;�,i ���,��"�� f���,.� �<.��u� ia;n!:��,;�„» �������� ;,�, ��:i�,,� adjustment of$1,030,699 2008 Duluth THTB Maintenance incorrectly computed A ��n� timc ��c���:���e. actual dollar adjustment of$81,285. This is not a needs adjustment. 56 ; j I DSAE recommendation to combined subcommittee Orono Private Roads Greg Coughlin 9/17/08 From the Fall 2007 Municipal Screening Board motion, the DSAE will come forward with a recommendation of adjustment based on research of past adjustments. Marshall has provided a summary of past adjustments between 2000 and 2008. The summary includes a host of adjustments and types of adjustments including soil factors, speed bumps, bridge needs, maintenance, right of way, truck routes, private roads and more. Most were negative adjustments, about a quarter were positive adjustments and one was no adjustment. Even though these adjustments were all very different in nature and their outcomes were different, there is one common theme. As I understand, all these past adjustments have been recognized or precipitated by actions at the District State Aid offices or the SALT office in St Paul. For this reason, and given the fact that Kevin Hoglund at Bonestroo, Inc and the City of Orono came forward and self reported an inaccuracy in their needs reporting, this matter is very different from past adjustments. You are all aware this system was built to be a self reporting system. It's a system that expects users to do the right thing. It's a system built on honesty and integrity. State Aid staff oversight is kept to a minimum and there is no intent that we become officers to police the system. That is the way I'd like to keep it. In April 2007, the City of Orono through Kevin Hoglund approached the District State Aid office and inquired whether they were computing their mileage correctly. As Metro's DSAE, this is an approach I support and would expect all my cities and counties take and not fear coming to ask the questions because of potential penalties or adjustments. If adjustments for this case are too severe, you will be setting the bar very high and there will be no desire for anyone to come forward to self report inaccuracies. My recommendation is based on self reporting, it is based on honesty, fairness and reason, it is not arbitrary, it is defensible, it is the only one I can justify, it is based on my expectations of all cities and counties, it is the same position I would support if any of you came forward in a similar fashion, and it's based on the fact that the City of Orono has done exactly everything I have asked of them. My recommendation is for an adjustment retroactive, 1 '/4 years, to April 2007 when the City of Orono self reported inaccuracies in their approach. I believe if the Municipal Screening Board(MSB) subcommittees and the MSB agrees to this recommendation, the Orono private road matter will be resolved. Thank you for the opportunity to work with the City of Orono and provide my recommendation to the combined subcommittee. 57 CITY OF ORONO AGREEMENT FOR SERVICES AGREEMENT made this day of , 2008, by and between the CITY OF ORONO,a Minnesota municipal corporation("City"), and the GILLESPIE CENTER, a Minnesota non-profit corporation("Gillespie"). NOW,THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. Scone of Services. Gillespie agrees to provide services to the Orono residents as described in Exhibit A, attached and made a part of this Agreement. 2. Time for Performance of Services. C'Jillespie agrees to perform the services provided in Exhibit A, attached and made a part of this Agreement. The term of this Agreement shall be from January 1, 2009 through December 31, 2009, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period, as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. The City hereby agrees to pay Gillespie Nineteen Thousand and no/100ths ($19,000.00) Dollars for the services provided on Exhibit A. 4. Extra Services. The City will pay Gillespie for extra services by Gillespie or Special Contractors only when authorized in writing by the City. 5. Authorized Agents. The City shall appoint an authorized agent for the purpose of administration of this agreement. Gillespie is notified that the authorized agent for the City is as follows: William Wells Orono City Administrator P.O. Box 66 Crystal Bay , Minnesota 55323 (952) 249-4600 (office) bwells@ci.orono.mn.us The City is notified that the authorized agent for Gillespie is as follows: (office) (e-mail) 1 141601 6. Termination. This Agreement may be terminated by either party with or without cause by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of Gillespie, Gillespie shall be paid for services rendered and reimbursable expenses until the effective date of termination. If Gillespie has been paid the full amount of compensation contemplated in paragraph 3, Gillespie shall return all payments made by the City on a prorated basis for the term of the contract which shall be measured on an annual basis. 7. Independent Contractor. At all times and for all purposes herein, Gillespie is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Gillespie an employee of the City. 8. Non-Discrimination. During the performance of this contract, Gillespie shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. Gillespie shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. Gillespie shall incorparate the foregoing requirements of this section in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 9. Assi�nment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 10. Services Not Provided For. No claim for services furnished by Gillespie not specifically provided for herein shall be honored by the City. 11. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 12. Entire A�reement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereo£ Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 13. Compliance with Laws and Re�ulations. In providing services hereunder, Gillespie shall abide by all statutes, ordinances, rules, and regulations, including to the extent it is applicable the Minnesota Government Data Practices Act, pertaining to the provisions of services to be provided. Any violation shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 14. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 2 141601 15. Indemnification. Gillespie agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of Gillespie, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Gillespie fully to perform, in any respect, all obligations under this Agreement, except that City shall be liable for any claims or damages relating to liquid escaping from City containers being hauled by Gillespie to the extent that such leakage is not caused by any action or omission of Gillespie or any third party not under the control of the City. 16. Insurance. A. General Liability: During the term of this Agreement, Gillespie shall maintain a general liability insurance policy with limits of at least $1,000,000 for each person, and each occurrence, for both personal injury and property damage. The policy shall also insure the indemnification obligation contained in section 15. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Compensation: Gillespie shall secure and maintain such insurance as will protect Gillespie from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Gillespie's services under this Agreement. 17. Records Access. Gillespie shall provide the City access to any books, documents, papers, and record which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for six years after final payments and all other pending matters related to this contract are closed. 18. Governin� Law. This Agreement shall be controlled by the laws of the State of Minnesota. 19. Notices. Any notices given under this Agreement will be served personally or by mail at the addresses stated herein. This standard agreement has been reviewed by the City Attorney. EXECUTED as to the day and year first above written. [Remainder of page intentionally left blank. Signatures on next page.J 3 141601 CITY OF ORONO By: James M. White, Mayor And William M. Wells, City Administrator Attest: Linda Vee, City Clerk GILLESPIE CENTER By: Its 4 141601 EXHIBIT A Services ■ Meals on Wheels service for Orono City residents 5 141601 Memorandum �sonestroo Date: 2335 Highway 36 W To: Scott Oberaigner Project: Crystal Bay Business Center �0/1 3/20 St.Paui,MN 55113 City Watermain Imp. �8 Tel 651�36-4600 Fax 651-b36-1311 From: Jared Ward Client: City of Orono www.bonestroo.com Re: Contract Quantities File No: 000139-08032-0 Remarks: SCott, This memo is to inform you on the Crystal Bay Business Center-City Watermain Improvements quantities. The original contract amount was$52,305.25. The amount completed to date is $54,052.21,which includes Pay Request#1 for$44,129.25 and Change Order#1 for $9,922.96. That is an increase of$1,746.96 from the original contract amount. It is important to note that if not for the contaminated soil encounter this would have come in under budget. Attached is a draft form of the change order that will be ready for the next Council Agenda. All quantities that exceeded the contract quantities are paid for under Change Order#1. Please let me know if you have any questions. Thanks, lared CRYSTAL BAY BUSINESS CENTER CHANGE ORDER ITEM 2: This 2" copper line was not identified on as-builts ITEM 3: This copper service was found during the water main installation. Change Order Form �Bonestroo File No: 000139-08032-0 Project Name: Crystal Bay Business Center City Watermain Replacement Client: City of Orono Contractor: Burschvilie Construdion Prepared By: Jared Ward Date Needed: 10/13/08 Change Order No: 1 Draft or Final: If applicable,include: MSA No.,MSA(Non)Participating;MSA Item No's.,Projed No.,Time Extension,FmHA,MPCA, No.of Additional Copies(5+) Other Description of Work: Item 1: Additional crew time spent handiing contaminated material onsite. Item 2: Additional time and material costs to connect to existing 2" copper service and insulation for service to ABC and Ryan Building. Item 3: Connedion to additional copper service to building east of the Crystal Bay Business Center site. Bonestroo�.�CS.][Change Order Form-t jtw][VLM 027307] Page 1 of 2 Change Order Form No. ��tem Unit Contract Qty Unit Price Total Amount 1 Contaminated Material Costs LS 1 $2000.00 $2000.00 2 2" Copper Service Connection w/insulation and corp LS 1 $4706.72 $4706.72 3 �1a" Copper Service Connection w/corp LS 1 $2922.96 $2922.96 Total Change Order# 1 $9922.96 Bonestroo:[CSJ[Change Order Form-1 jtw�[vLM 021307� Page 2 of 2 Memorandum �Bonestroo Date: 2335 Highway 36 W 70: Scott Oberaigner Project: TH 12 Sewer&Water 10/13/20 St.Paul,MN 55113 Service Connedions �8 Tel 651-636-4600 Fax 651-636-1311 From: Jared Ward Client: City of Orono www.bonestroo.com Re: Contrad Quantities File No: 000139-07020-0 Remarks: SCOtt, This memo is to inform you on the TH 12 Sewer and Water Service Connections quantities, The original contract amount was$67,408.51. The amount completed to date is$67,286.85, which includes Pay Request#1 for$59,197.00 and Change Order#1 for $8,089.85. Attached is a draft form of the change order that will be ready for the ne�Council Agenda. All quantities that exceeded the contract quantities are paid for under Change Order#1. Please let me know if you have any questions. Thanks, Jared TH12 SEWER AND WATER SERVICE CONNECTIONS CHANGE ORDER ITEM 1&2: This gate valve and watermain was installed so water service could be maintained during construction in the Sugarwoods neighborhood. ITEM 3: Larger area disturbed than expected. ITEM 4: This T was listed as an 8x8 instead it was a 8x6 T. ITEM 5&6: This was buried and was unknown until exposed during construction. ITEM 7: This is required to operate valves deeper than 8'. Change Order Form �Bonestroo File No: 000139-07020-0 Projed Name: T.H. 12 Sewer and Water Service Connedions Client: City of Orono Contrador: Burschville Construdion Prepared By: Jared Ward Date Needed: 10/13/08 Change Order No: 1 Draft or Final: If applicable,include: MSA No.,MSA(Non)Participating;MSA Item No's.,Project No.,Time Extension,FmHA,MPCA, No.of Additional Copies(5+) Other Description of Work: Items 1 &2:Additional GV and watermain needed to isolate Sugar Woods Development Item 3: Additional area disturbed to install water main. Item 4: Installation of tee on existing line. As-built called out wrong tee size. Items 5&6: Additional fittings needed for watermain service connection at TH 12. Item 7: Nut extension needed in order to operate GV. Bormstroo:[CS.�[Charge Order Form-1 jtw�[VLM 021307� Page 1 of 2 Change Order Form No. ��tem Unit Contrad Qty Unit Price Total Amount 1 6" GV and Box EA 1 $925.00 $925.00 2 6" DIP Water Main,Class 52 LF 39 $50.00 $1950.00 3 Seeding, Incl Seed, Fertilizer, Mulch and Disk Anchor AC 0.25 $5000.00 $1250.00 4 8"x 8"Tee and Sleeve LS 1 $2913.73 $2913.73 5 8"x 6"Cross EA 1 $348.12 $348.12 6 6"-90 Deg. Bend EA 2 $250.00 $500.00 7 Rod Nut Extender EA 1 $203.00 $203.00 Total Change Order#1 $8,089.85 aonest�oo:�cs��cna�ye o�de�Fo�m i inv�[vun oz�so�� aage z or z REQUEST FOR COUNCIL ACTION Date: October 14, 2008 Item No.: Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron City Engineer Title: Asst. City AdminJLong Term Strategy Item Description: Stonebay Infrastructure -Added Cost for Colored Concrete In September Council accepted the quote of Imperial Developers for concrete work in Stonebay which included replacement of damaged or unacceptable curbing, sidewalks and truncated dome sidewalk elements at a price of $69,958.00. Most of this work has been completed and paving is expected to begin late this week or early next week. However, there are a few areas of stamped concrete walkways that have not been replaced because the added cost of coloring the concrete to match the surrounding areas was not figured into the quote by Bonestroo or Imperial. The extra cost has been estimated by Jared Ward at approximately $5,100 for the area in question (see the note from Jay Hembrof of Imperial regarding the per-square-foot cost differential). Staff would note that most of the sections needing replacement will look like a cheap fix if not colored the same as the surrounding areas. However, the cost might be slightly reduced if the sections with truncated domes use non-colored concrete. Staff Recommendation Staff recommends that Council authorize the additional expenditure of up to $5,100.00 for colored concrete. COUNCIL ACTION REQUESTED Motion to accept the quote of Imperial Developers, Inc. in the amount of $5,100.00 for colored concrete work at Stonebay, to be funded from the Stonebay LOC proceeds. '� . 1 City of Orono 2007 Expenditures 2007 2007 % of total as of 12/31/07 as of 9/30/07 as of 9/30/07 Mayor& Council 83,686 66,921 79.97°/o Administration 311,279 261,916 84.14% Elections 2,938 1,579 53.74% Finance 196,767 165,208 83.96% Assessing 122,086 60,418 49.49°/a Law/Legal Service 99,306 66,961 67.43% Human Services 19,900 19,900 100.00% Central Services 277,362 257,855 92.97% Police 2,391,401 1,914,294 80.05% Fire 311,575 218,314 70.07% Building & Zoning 573,256 471,327 82.22% Public Works 514,420 417,465 81.15% Engineering 77,642 56,760 73.10% Recycling 83,594 73,954 88.47% Special Services 379,283 224,121 59.09% Special Projects 162,400 17,408 10.72% Parks 50,722 40,184 79.22% 5,657,617 4,334,585 76.62% Page 1 � , City of Orono 2008 Expeditures as of 9/30/2008 2008 2008 % of Budget as of 9/30/08 Budget Mayor& Council 80,830 69,545 86.04% Administration 327,270 273,964 83.71% Elections 15,670 6,159 39.30% Finance 264,050 191,694 72.60% Assessing 124,400 62,344 50.12% Law/Legal Service 97,000 77,465 79.86% Human Services 21,630 15,930 73.65% Central Services 263,510 251,523 95.45°/o Police 2,601,670 1,950,718 74.98% Fire 321,200 263,420 82.01% Building &Zoning 678,230 488,149 71.97% Public Works 562,830 416,277 73.96% Engineering 56,300 57,926 102.89% Recycling 94,500 77,089 81.58% Special Services 139,790 137,547 98.40% Special Projects 334,000 70,314 21.05% Parks 51,770 42,033 81.19% 6,034,650 4,452,097 73.78% Page 2 City of Orono Estimated 2008 Expenditures 75% Method Estimated 2008 2008 Estimated Balance Budget as of 9/30/08 Total 12/31/2008 Mayor& Council 80,830 69,545 92,727 -11,897 Administration 327,270 273,964 365,285 -38,015 Elections 15,670 6,159 8,212 7,458 Finance 264,050 191,694 255,592 8,458 Assessing 124,400 62,344 83,125 41,275 Law/Legal Service 97,000 77,465 103,287 -6,287 Human Services 21,630 15,930 21,240 390 Central Services 263,510 251,523 335,364 -71,854 Police 2,601,670 1,950,718 2,600,957 713 Fire 321,200 263,420 351,227 -30,027 Building & Zoning 678,230 488,149 650,865 27,365 PubliC Works 562,830 416,277 555,036 7,794 Engineering 56,300 57,926 77,235 -20,935 Recycling 94,500 77,089 102,785 -8,285 Special Services 139,790 137,547 183,396 -43,606 Special Projects 334,000 70,314 93,752 240,248 * Transfer to IEO $240,000 Parks 51,770 42,033 56,044 -4,274 6,034,650 4,452,097 5,936,129 98,521 Page 3 City of Orono Estimated 2008 Expenditures 2008 Percent Method Estimated 2008 2008 Estimated Balance Budget as of 9/30/08 Total 12/31/2008 Mayor& Council 80,830 69,545 86,967 -6,137 Administration 327,270 273,964 325,598 1,672 Elections 15,670 6,159 11,460 4,210 Finance 264,050 191,694 228,313 35,737 Assessing 124,400 62,344 125,978 -1,578 Law/Legal Service 97,000 77,465 114,884 -17,884 Human Services 21,630 15,930 15,930 5,700 Central Services 263,510 251,523 270,551 -7,041 Police 2,601,670 1,950,718 2,436,903 164,767 Fire 321,200 263,420 375,950 -54,750 Building &Zoning 678,230 488,149 593,716 84,514 Public Works 562,830 416,277 512,956 49,874 Engineering 56,300 57,926 79,237 -22,937 Recycling 94,500 77,089 87,138 7,362 Special Services 139,790 137,547 232,773 -92,983 Special Projects 334,000 70,314 655,962 -321,962 Parks 51,770 42,033 53,056 -1,286 6,034,650 4,452,097 6,207,371 -172,721 Page 4 City of Orono 2008 Expeditures Estimated Totals Estimated 2008 2008 Estimated Balance Budget as of 9l30/08 Total 12/31/2008 Mayor& Council 80,830 69,545 88,000 -7,170 Administration 327,270 273,964 375,000 -47,730 -- Elections 15,670 6,159 15,000 670 Finance 264,050 191,694 254,000 10,050 Assessing 124,400 62,344 127,710 -3,310 Law/Legal Service 97,000 77,465 115,000 -18,000.- Human Services 21,630 15,930 20,500 1,130 Central Services 263,510 251,523 300,000 -36,490 ����� Police 2,601,670 1,950,718 2,600,000 1,670 Fire 321,200 263,420 362,000 -40,800 Building & Zoning 678,230 488,149 620,000 58,230 Public Works 562,830 416,277 525,000 37,830 Engineering 56,300 57,926 78,000 -21,700 Recycling 94,500 77,089 101,750 -7,250 Special Services 139,790 137,547 180,000 -40,210 Special Projects 334,000 70,314 321,000 13,000 Parks 51,770 42,033 52,000 -230 6,034,650 4,452,097 6,134,960 -100,310 Page 5 �ity of Crono General Fund Revenues 2008 as of 9/30/08 2007 2008 YTD Variance Percentage Revenue Source Actual Budqet thru 9/30/08 • Property Taxes 3,335,892 3,705,790 1,783,540 1,922,250 48.1% MVHC Offset p Total Taxes 3,335,892 3,705,790 1,783,540 1,922,250 48.1% Beer&Liquor Licenses 4,900 6,500 2,600 3,900 40.0% Cigarette Licenses 900 1,100 200 900 18.2% Commercial Dock Licenses 0 0 0 0 - Septic Licenses 15 0 0 0 -- Garbage Hauler Licenses 750 650 765 -115 117.7°/, Dog Licenses 6,978 4,000 740 3,260 18.5% Other Business Licenses 970 1,500 3,568 -2,068 237.9% ToWI Businees Licenses 14,513 13,750 7,873 5,877 57.3% Building Permits 298,433 257,750 185,133 72,617 71.8% Generat Permits 42,769 45,000 26,171 18,829 58.2% Other Permits 20,658 25,000 12,454 12,546 49.8% Total Permits 361,860 3Z7,750 223,758 103,992 68.3% Federal Grant-Emerg. Prep. 0 0 0 0 - HACA Aid/MVC 20,928 0 0 0 -- Police Training Reimbursement 7,638 6,800 0 6,800 0.0°/a Police State Aid 139,962 121,000 118,000 3,000 97.5% PERA State Aid 7,219 7,220 7,219 1 100.0% State Grants/Aids-Other 4,276 0 0 0 -- MSA-Streets 78,277 96,000 36,724 59,276 38.3% County Grant-Recycling 40,339 4,600 0 4,600 0.0% Aids/Grants from Other Govts. 1,716 0 0 0 - Total Intergovernmental Revenue 300,355 235,620 161,943 73,677 68.7% Plan Check&Site Exam Fees 159,791 150,000 102,832 47,168 68.6% Conditional Use,Variance,&Subdivision 122,593 70,000 38,490 31,510 55.0% Engineering/Legal Fees 292,117 120,000 136,686 -16,686 113.9% On-Site Septic Program Fees 52,050 52,000 50,000 2,000 96.2% Recycling Program Fees 68,805 68,000 57,500 10,500 84.6% Contracted Public Works Services 0 1,200 0 1,200 0.0% Interdepartmental Services-Pubiic Works 2,360 5,000 0 5,000 0.0% Administrative Charges for Services 74,380 81,370 60,750 20,620 74.7°/a General Taxable Sales 4,755 3.000 2,510 490 83.7% Assessment Searches 180 150 100 50 66.7% Building Permit Mail-in Fees 795 350 342 8 97.7% Total Gen Govt Service Chrgs Rev 777,826 551,070 449,210 101,860 81.5% Contracted Police Services 866,290 902,900 652,750 250,150 72.3% Contracted Animal Control Services 27,858 28,570 0 28,570 0.0% Police Special Services 53,365 25,000 36,950 -11,950 147.8°/a Contracted Inspection Services 32,937 25,000 14,500 10,500 58.0% False Alarm Fees 6,525 5,000 4,200 800 84.0% Police Reports 875 1,000 390 610 39.0% Poiice Reserve/DARE Program Receipts 30 0 0 0 -- Total Public Safety Serv Chrg Rev 987,880 987,470 708,790 278,680 71.8% Court Fines 109,478 120,000 76,562 43,438 63.8% Drug Task Force 12,386 0 15,013 -15,013 -- City Share 30% Fo�etures 3,863 1,000 0 1,000 0.0% Dog Impound Fees 2,015 1,000 1,350 -350 135.0% Total Fines and Forfeits Revenue 727,742 122,000 92,925 29,075 76.2% Interest on Investments 141,842 70,000 0 70,000 0.0% NOW Interest 2,341 800 977 -177 122.1% Total Investment Revenue 144,183 70,800 977 69,823 1.4% Miscellaneous Revenue 23,309 4,000 10,340 -6,340 258.5% Rent Income 5,400 5,400 3,600 1,800 66.7% Contributions&Donations 400 0 375 -375 - Sale of Equipment 8�Land 192,030 11,000 5,500 5,500 50.0% Transfer In 0 0 0 0 -- Total Miscellaneous Revenue 221,139 20,400 19,815 585 97.1% Total Revenues and Transfers in 6,271,390 6,034,650 3,448,831 2,585,819 57.2% City of Orono Investments by Type-9/30/08 Investment Type Par Value % Rate Cert of Deposit 5,813,000.00 47.06% 3.20-4.70 Comercial Paper 500,000.00 4.05% 2.35 FHLM 2,075,000.00 16.80% 3.64- 5.00 FNMA 1,200,000.00 9.72% 4.00- 5.00 FHLB 1,525,000.00 12.35% 3.40- 3.875 Fed Farm Cr Bank 500,000.00 4.05% 3.90 Money Market 738,453.96 5.98% 2.30 12,351,453.96 100.00% 4M Fund 4,505,052.74 2.45 (Pavement Mgmt) . ..b.. . ... . Jim Murphy From: "Denny Eyler" <deyler@srfconsulting.com> To: "Jim Murphy" <jmurphy@goldengate.net> Sent: Thursday, October 09, 2008 3:15 PM Subject: Orono Roundabout I was finally able to talk to Scott Pedersen and he talked to his traffic operations people regarding what they wanted to see in the way of an update to the Intersection Control Evaluation report that accompanies the layout. I will forward his-email after this one. Here is what I understand is left to do and our estimated costs to complete those tasks. 1. Update the computer drafted layout with the latest changes to address the layout review memo as we discussed with Jim Grube. From that CAD drawing, we will plot the fastest paths and collect the other geometric inputs needed for updating the Rodel analysis. We will then plot the copies for submittal to Mn/DOT for review and then plot copies for the City and Hennepin County once Mn/DOT approves the layout. Once approval is obtained, we will also create electronic files of the layout, the ICE report and other pertinent items and copy them onto a CD or DVD and provide copies to both the City of Orono and Hennepin County for use at the time of the design of the turn back project. _ $1,800 We will update the ICE report as requested by Mn/DOT by redoing the Rodel analysis for the year of opening (2011) as a single lane, the year 2030 as a single lane and the year 2030 with two lanes each way for old TH 12. Update the Vissim files with the revised geometry and traffic forecasts. Make copies and distribute the updated ICE report. _ $1,800 Finalize the memo with the written responses to the layout review memo, finalize the layout history, and then also prepare a separate memorandum on the safety benefits of the project = $600 The total of these three items would therefore be $4,200. In addition, the work done in September (the bill that you got the other day was for work up to August 31) and the meeting on October 1 total another $4,900. Most this was for my time and included preparing the draft of the layout history memo, preparing the draft response to the layout review memo and then generating several drawings of alternatives, as well as attending the meeting at City Hall and also numerous e-mail and telephone communications with the various agencies. Therefore the total of the work to date that has not been billed and the work needed to get an update layout to Mn/DOT would total $9,100. We are assuming that this layout would then be approved since we are addressing all of the issues raised by Mn/DOT's layout review and known to us as of October 1, z008. These remaining tasks could be probably completed within one week after you give us the go ahead. As always, we would only bill you for the hours actually worked and we would not exceed this figure without your permission. 10/14/2008 MnDOT Hwy 12 Grand Opening Invitee Suggestions A. Orono Mayors and Council Members 1988 to Present Mayors James Grabek (1987-1990) Barbara Peterson (1991-1992 and 2001-2006) (Also Council 1987-90 and 1997-2000) Edward Callahan (1993�-1996) (Also Council 1987-1992) Gabriel Jabbour (1997-2000) (Also Council 1991-1996) James M. White (2007- ) (Also Council 2001-2006) Councilmembers J. Diann Goetten (1987-1998) William J. Sime, Jr. (1987-1988) � Alan Nettles (1988-1990) Mary Butler(1991-1992) (Also Mayor early 1980s) Charles Kelley (1993-2000) JoEllen Hurr (1993-1996) _ Richard Flint (1997-2002) Bob Sansevere (1999-2006) � Jay Nygard (2001-2003) Jim Murphy (2002- ) Lili McMillan (2003- ) � �� � Cynthia Bremer(2007- ) � � Dave Rahn (2007- ) B. Local Government Officials Gen Olson (St.. Sen. 33B) John Berns (St. Rep. 33B) Jim Ramstad (US Con�ress MN 3`d Dist.) Mary Hill Smith (Met Council Member Dist. 3) Barb Sykora (fmr St. Rep. 33B) � Bob McFarland (fmr MnDOT Asst. Commissioner) C. Mayors/Councilmembers/Others from here to Willmar Dean Johnson (St. Sen. Dist. 13 2003-06) Reps from cities of: Maple Plain- Independence - Delano - Montrose - Waverly - Howard Lake - Cokato - Dassel - Darwin - Litchfield - Grove City - Atwater- Kandiyohi - Willmar Orono City Council Committee of the Whole October 14, 2008, 6:15 p.m. Orono City Council Chambers Present: Mayor Jim White, Council Members Cynthia Bremer, Jim Murphy and Dave Rahn; � City Administrator Bill Wells,Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Public Works Supervisor pon DeBaere, City Engineer Tom Kellogg, Bonestroo Representative Kevin Hoglund, Metro District State Aid Engineer Greg Coughlin and Deputy State Aid Engineer Rick Kj onaas 1) MSA Report a) Discussed the removing of Orono private roads from state aid system with Mn/DOT officials present far meeting. *b) City Engineer will present case to Mn/DOT Screening Committee next week. c) Current Mn/DOT Screening Committee recommends a 5 year look back with negative impact on city of$50,000 per year for 5 years. 2) Roundabout a) Discussed the cities of Orono and Long Lake history of efforts to obtain Roundabout. *b) City to compile all information and bills to submit to Mn/DOT. Cost to finish this phase ofproject is an additional $9,100.00. c) County will need to decide whether this is feasible. d) More information at future work session. 3) Casco Point Project a) Reviewed map of properties with drainage issues. b) Questions raised: What happens if a homeowner does not want underground utilities? Is assessment process needed? What is cost of underground utilities? c) Information needed for next public meeting with Casco Point residents: • Better cost estimate to place utilities underground • Individual cost estimate if resident decides to install at later date • Conduit could be installed as road is re-constructed � Excel should attend next meeting to address citizen questions, cost and outages, etc... *• How does city finance utility installation underground? Good question for Soren? Soren address Council? Schedule Soren for work session. • Does a utility specialist attorney need to take lead? Soren's law office? Other? • Suggestion that letter be sent to Excel with request to address citizens for a"Utility Meeting"to be scheduled for next spring. 4) Stonebay a) Stonebay update and change orders for concrete at an estimated $5,100.00. 5) Lake Minnetonka Chamber a) Assessing members additional funds for operation costs. *Indicates Staff Action Item. 6) Gillespie Center *a) Reviewed an"Outcome Based" contract with suggestion staff ineet to identify service measurables and then present to Gillespie Center. 7) Update on Met Council's Density Issue Regarding 3125 Fox Street a) No movement on part of Met Council interpretation. b) Staff believes Met Council answers of year 2000 are no longer being honored. c) Priority is to finish Comprehensive Plan Update and revisit "Density Issue"next spring. 8) Comp Plan Process and Scheduling a) Extension for submission of Comp Plan Update to Met Council will be requested. 9) Change Orders Reviewed a) Crystal Bay Business Center—contaminated fill b) TH 12 Orono Shopping Center Water Main Project 10)Finance Update a) Reviewed YTD city financial status, estimated 73% of budget expenditure. b) Discussed adjustments for 2009 budget with expectation that budget will be closer to actual. 2007 interest was $73,000 higher than estimate. c) Charges for services higher than expected. d) Investments—City fund investments experiencing a good return on C.D.'s. e) Discussion took place concerning 2007 Audit Report. Staff will prepare RFP for Audit Competitive Bids. Staff also in process of addressing Audit Management letter comments. 11)Additional Item a) Discussion of work session meetings and staff request for consideration of changing sessions to first and third Mondays. • One Council Member unable to attend work sessions if held in the first week of month due to out-of-town travel. � One member unable to attend work session if held on Thursday evening due to prior commitment on that night. • Suggestion made to hold a work session on a Thursday morning from 7:30 a.m. to 9:30 a.m. • Staff will continue to seek a workable consensus. *Indicates Staff Action Item.