HomeMy WebLinkAbout08-24-2020 Council PacketAgenda
Council Meeting
Monday, August 24, 2020 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us
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 August 13, 2020
2. Council Work Session Minutes of August 13, 2020
3. Claims/Bills
4. Cell Phone Use Policy
5. Approve Rental License
6. Accept Officer Timothy Datwyler’s Resignation
7. Request to Hire Full-Time Police Officer
8. Water Tank Maintenance Contract Extension
9. Approval to Accept Donations for Big Island Park
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
10. LA20-000009 – Don Gamble o/b/o Richard A and Kim A Edwards, 2480 and 2474 Carman Street,
Sketch Plan
Mayor/Council Report
City Administrator Report
City Attorney Report
Adjournment
Upcoming Events
Agenda
Council Meeting
Monday, August 24, 2020 6:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us
2020
09-07-20 Official Holiday, City Offices Closed
09-08-20 Park Commission Meeting, Tuesday, 6:00 p.m.
09-14-20 Council Work Session, Monday, 5:00 p.m.
09-14-20 City Council Meeting, Monday, 6:00 p.m.
09-21-20 Planning Commission Meeting, Monday, 6:00 p.m. (Dennis Walsh)
09-28-20 Council Work Session, Monday, 5:00 p.m.
09-28-20 City Council Meeting, Monday, 6:00 p.m.
10-12-20 Council Work Session, Monday, 5:00 p.m.
10-12-20 City Council Meeting, Monday, 6:00 p.m.
10-19-20 Planning Commission Meeting, Monday, 6:00 p.m. (Richard Crosby)
10-26-20 Council Work Session, Monday, 5:00 p.m.
10-26-20 City Council Meeting, Monday, 6:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Thursday, August 13, 2020
6:00 o’clock p.m.
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Page 1 of 8
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, City Council Members Richard Crosby, III, Matt Johnson, Aaron Printup and Victoria
Seals. Representing Staff were City Administrator Dustin Rief, Development Director Jeremy Barnhart,
City Attorney Soren Mattick.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1. CITY COUNCIL MEETING MINUTES OF JULY 27, 2020
2. COUNCIL WORK SESSION MINUTES OF JULY 27, 2020
3. CLAIMS/BILLS
4. APPROVAL OF GARBAGE HAULER LICENSE
5. APPROVAL FOR NOISE EXEMPTION FOR A SPECIAL EVENT PERMIT – 1265
SHORELINE DRIVE
6. APPROVAL FOR RENTAL LICENSE
7. REPLACEMENT GENERATOR FOR CITY HALL, POLICE DEPARTMENT AND PUBLIC
WORKS
8. 2020 CRACK SEALING ADDITIONAL WORK
9. APPOINTMENT OF 2020 SEASONAL EMPLOYEES
10. WOODHILL AVENUE TRAFFIC MANAGEMENT
11. LA20-000044 – GOOD SHEPARD LUTHERAN CHURCH, 3745 SHORELINE DRIVE,
CONDITIONAL USE PERMIT AMENDMENT – RESOLUTION 7113
12. LA20-000043 – DAVID AND PATRICIA JAQUA, 3262 NORTH SHORE DRIVE,
VARIANCES – RESOLUTION 7114
13. LA20-000042 – Lake Country Builders o/b/o Ronald and Holly Rocca, 2520 Casco Point Road,
Variance – Resolution 7115
Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays
0.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Thursday, August 13, 2020
6:00 o’clock p.m.
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PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
14. LA19-000065 – CITY OF ORONO TEXT AMENDMENT RELATED TO SUBDIVISIONS
Barnhart gave a review of draft changes to the Subdivision Code, noting it is a lot of information to
review so he is not asking for approval tonight, instead he would like to hear any comments or questions
the Council may have and he can come back with any changes or updates for a motion for approval at an
upcoming meeting.
Barnhart stated Staff was authorized over a year ago and has been working with the City Attorney over
the last 3-4 months with the goal to revise and clarify the ordinances that relate to Subdivision. He noted
that Councilmembers could see on their screens the comments that he, Attorney Mattick and the Planning
Commission made through their review, noting the Council felt that was helpful with a recent subdivision
to see how they worked through issues.
Barnhart noted they tried to make the Subdivision process consistent with State statute, as in some areas it
is not consistent, and also to make sure it matches City of Orono practices and policies. He said they
removed some things that are not needed in the Subdivision Code. He said the main change addressed
definitions, noting they wanted them to match the Zoning Code and there were 5-10 areas that did not
match between the Zoning Code and Subdivision Code and that is problematic for many reasons so this
was a good opportunity to make them match. In the current Subdivision Code there are three types of
Subdivisions, Class 1, Class 2 and Class 3. Barnhart is proposing to strike those and use just one
classification, as the process is basically the same (Planning Commission, Council, Public Hearings). The
different classifications caused some confusion for applicants and occasionally Staff, so they did away
with the three classifications to make it easier to understand the process.
Another change made is proposing that every subdivision, which is the creation of a new lot, rather than a
boundary line adjustment, would be platted instead of described by metes and bounds. While this may
have a little more up front expense, Barnhart thinks it will pay off in dividends down the line when the
property owner has to create an easement or adjust a boundary line, as they have a much easier legal
description to create and go back through metes and bounds history.
Finally, Barnhart noted they wanted to take a critical review of their subdivision process to make sure it
met with State statute. There are a number of changes in the draft, accompanied by notes explaining the
reasons why the changes were made to make things clearer for the Council. He said the Planning
Commission reviewed the process over the last two months, noting they tabled action as they had
questions and requested additional information. He pointed out that the Council has the June 15, 2020
Planning Commission Meeting Minutes, noting the July Planning Commission Meeting Minutes came
late and he will get them to the Council. Ultimately, the Planning Commission recommended approval
on a 5-to-1 vote with Commissioner Chris Bollis voting against the changes as he had some questions or
concerns with several sections.
Barnhart reiterated he is not looking for approval tonight but would like some feedback and direction
from the Council.
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ORONO CITY COUNCIL MEETING
Thursday, August 13, 2020
6:00 o’clock p.m.
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Crosby asked where Commissioner Bollis had issues.
Barnhart replied there were a couple of areas Bollis had noted, one was the definition of cul-de-sac, which
is Line 57 of the document onscreen. Barnhart is proposing to add the word “circular turnaround,” noting
that anything underlined in the document is a proposed addition and anything with a strikethrough is a
proposed removal. The definition of cul-de-sac as it reads now is “an appropriate terminus for the safe
and convenient reversal of traffic movement.” Barnhart would like to add “circular turnaround” as that
has been consistent with the Council policy over the last 3-4 years and the Council has discussed with
developers what an appropriate turnaround should be when the Fire Code allows a hammerhead and the
Council has wanted a circular turnaround. This does not mean that the Council cannot grant a waiver in
the future if the need arises.
Walsh said that is the big issue because with all of the developments the Council has looked at they’ve
always said they’re starting with a cul-de-sac, and unless there is a reason they cannot put in a cul-de-sac
or if there isn’t enough room, then they will talk about something else. Walsh noted that when Bollis was
trying to do his development, he wanted a hammerhead and the Council said no there must be a circular
driveway for buses, delivery vans, fire vehicles, etcetera. Walsh said a circular turnaround is the best
thing to have if possible and he thinks that is a good starting place so people know and don’t get a strange
idea that they can put anything else they want because it says an “appropriate turnaround.”
Crosby asked if the word “hammerhead” and a description of the word is in the document.
Barnhart said no, it is only referenced in the Fire Code, and that is where some of the issue comes in,
determining what is appropriate and who determines it’s appropriate.
Walsh said it helps to have a definition in place for a developer; then Staff is able to say this is what the
Council wants, and there is a starting point so it forces the developer to work with that standard, if
possible. He noted it may not always work but from a community standpoint, he thinks that is the best
thing to have in the document.
Barnhart said another comment that Mr. Bollis raised was Section 82-50 about Consumer Protection
which starts on Line 527 of the document, noting they are proposing to remove it. He noted there was
quite a bit of discussion at the last Planning Commission meeting regarding this subject; Commissioner
Bollis raised it as a concern, then in June the Staff provided some additional information from Attorney
Mattick. At that point, Commissioner Gettman heard the new information and still had some issues and
concerns with it. Barnhart noted in his twenty years of planning service, he’s never used this type of
clause, certainly not in Orono. The Planning Commission discussed the challenge that if the purchaser of
a property to be subdivided had created some sort of fraud or illegal activity and the City wanted to use
this clause against them. He said they run into a timing issue, for example, in year one the purchaser
commits the fraud, year two they submit the plat and the City approves it, year three construction starts,
year four is perhaps when the first house goes in. In this example, the timing issue might come in when
the homes are being built (year four), and that may coincide with the time the fraud might go before the
court system. Barnhart said he doesn’t know that this really helps the City in that respect and that is why
they are recommending removal.
Walsh noted in the end, the Planning Commission voted 6-0 to remove the section, also, once they
understood the arguments.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Thursday, August 13, 2020
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Barnhart said yes, except he thought Commissioner Gettman did not support removal, as it was a voice
vote during discussion and he thought it was a 5-1 vote, but it could have been 6-0.
Barnhart noted another area of discussion were the sketch plans for adjacent properties which starts on
Line 766. The idea is that if a property owner wants to subdivide, and they’ve also indicated they’re
trying to purchase the property next door, the Planning Commission could require the property owner to
show a sketch plan of how the roads would line up. The Planning Commission felt that was too much of
an overreach so ultimately Staff supported removing it, noting the overall goal is somewhat protected as
it’s included in the Code further down where the roads either have to show a through connection with
adjacent properties or terminate short of the property line so they can’t be connected. He said as a Staff,
they look at whether there are any logical connections with the subdivision to other properties, regardless
of who owns it or what the subdivision timetable is. Barnhart gave the example of Orono Preserve,
noting there are two roads that dead-end and at the time, the family had no intention of ever developing,
but if they do choose to develop one day, the City wanted to have an opportunity for connection. He
noted that Staff ultimately removed that potential clause from the Code.
Barnhart said another item that the Planning Commission talked about was the minimum frontage on a
street, starting on Line 1746. This is a result of some things the Planning Staff has seen over the years,
saying if someone has a lake lot, the width of the lot is measured at the lake and at 75 feet back, there is
no minimum measurement at the street. He noted there have been some property owners who have tried
to exploit that by meeting the requirements at the lake and the 75 foot setback, but have virtually nothing
at the street level, therefore requiring an easement to get to the property and is not a good system to
create.
Walsh said that can be seen with the cul-de-sac lots coming in.
Barnhart said yes, that is a good example, noting on the Orono Orchard Road project, they had talked
about reducing the width at the building setback line because of the cul-de-sac configuration.
Walsh said this is another example of having a good tool in the City’s kit that says this is what is needed
for a minimum, but it doesn’t mean that the Council can’t grant a variance if there is a problem.
Printup asked if that would prevent some of the odd shaped lot lines that jog all over the place. He noted
sometimes in order to adhere as closely as you can with Code you have to move a lot line.
Walsh added, especially if someone is trying to maximize the amount of lots on a property, for example,
around a cul-de-sac, they will have as many lots as possible and a very skinny section leading to the cul-
de-sac because then you get more lots. He said if the City requires 18 feet, they’d have to have a reason
to ask what the practical difficulty is for the developer that they can’t have 18 feet or does the developer
just want to have more lots to sell. He said they should have in this tool in the Planning Department kit to
be able to say what the standards are and the Council can vary from that if there are issues with variances.
Crosby asked if there is a minimum spelled out in the Code.
Barnhart said there is no minimum, as long as the developer meets the width at the building setback line
for non-lake lots, or at the lake and 75 foot setback for lake lots, there is currently no requirement. He
noted this would only apply in the subdivision process, as they are not creating a new minimum width for
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Thursday, August 13, 2020
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a given zoning district. He clarified if someone creates a new lot, this would come into play and if
someone already has a lot, they would not need to get a variance.
Walsh noted the Planning Commission went through the document very well and definitely had a lot of
items. He thinks it would be good to send the updated document to the Council so they have time to
review and see if there are any other questions they have before they move forward.
Johnson noted in the past, when the Council changed how they measure the average lakeshore setback
and if a line goes through the middle of the house, the Council talked to some surveyors to receive input.
He asked how the Council could involve the people this document affects, for example, those who do
work in Orono. He wondered if they should get some input and invite every contractor who has done a
development in the City in the past year to read the document so they know what is being proposed and
that something isn’t missing.
Walsh asked if the document has ever gone to the Development Review Committee (DRC).
Barnhart said it hasn’t gone before the DRC as a group, noting it has been mentioned but not as a draft.
He said he could send the document to the handful of surveyors that have done plats or subdivisions
within the last year and see if they have any comments.
Johnson said they want to find a balance between having rigid codes and making sure the codes are as
reasonable as possible to avoid having to go through the variance application process. He said he knows
a considerable amount about development but there are some nuances in the draft that only someone who
really works in that field can give input on.
Crosby agreed that it wouldn’t be bad to send it out to the surveyors or developers and invite them to a
work session for a discussion and to point out things the Council may want to look at more closely.
Johnson said they can give surveyors and developers the opportunity and it’s up to them if they want to
speak up, noting if the Council going to do it, they want to do it right.
Walsh said it sounds like they’re not in any hurry.
Johnson said there is a big difference between over-three-lot developments and the complication you get
into there, and if they’re grouping them together, taking out the three Classes the process is the same. He
said there was some language about avoiding the need to go before the Planning Commission for some
things and he doesn’t see the value in skipping that.
Walsh said he agrees and noted the Planning Commission voted not to do that.
Crosby said Johnson made a great point about not having to send so many people through the variance
process and it’s about simplification.
Walsh said this isn’t a variance process, but it’s that subdivisions need to get approval.
Crosby said that is correct and this way if the language is clear people know what’s expected so there may
be less people applying for variances later on.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Thursday, August 13, 2020
6:00 o’clock p.m.
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Johnson clarified that it would be input from surveyors and developers rather than a wish-list.
Walsh said he thinks it is good to have some set standards so they at least set the table and it doesn’t
impact the Council later when there are no standards and people can put in whatever they want, for
example a six foot driveway.
Crosby said the Council may have something in the draft that is not reasonable and the surveyors and
developers could come back with input.
Walsh said sometimes “they don’t know what they don’t know” until the Council run into things and they
can only read so much verbiage until the reality hits when subdivisions actually start coming through. He
said the Development Review Committee (DRC) has done a good job looking at those things with
construction people and developers in those meetings to see what has worked and what has not. He said
perhaps it makes sense for the Council to make tweaks and changes, as sometimes you don’t know until
issues pop up in front of the Council.
Printup noted the Council had a crack at starting the cleanup process and next week when the Code
Review Committee looks at it they will have a heads up.
Barnhart said he’d send the draft to the Council immediately and then send it to the surveyors that have
done work in the City over the last year. He also agreed to send it to the Code Review Committee.
Crosby moved, Seals seconded to table consideration LA19-000065 – City of Orono Text
Amendment Related to Subdivisions. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Printup shared that Corn Days the weekend before wasn’t quite the same, but he still got some roasted
corn and was able to support them. He said it was a drive-through event, noting it was a good fundraiser.
He also thanked the Orono Police Department for hosting a very important Firearms Safety Class and said
it was test day and tomorrow the class will finish up.
Crosby said the previous Friday night he attended a ride-along with Officer Sturm from the Orono Police
Department, noting he thinks very highly of Officer Sturm and believes he is one of the best officers the
City has. He said Officer Sturm is good with the public and in working with the partners in the Fire
Department he was always a pleasure. Crosby said years ago his dog ran away and he was tracking the
dog through the muck in the woods and finally found the dog. Officer Sturm was on the hunt with them
and pulled up to give them a ride home, even though the dog was a mess, noting he’d had worse in the car
before. Crosby noted the ride-along was not dull, they started with a home break-in which was very
exciting to see full reds and sirens to the other side of town, and that the Orono Police Department worked
with other law enforcements agencies (Minnetrista and Hennepin County). The second call was a
medical call in Minnetrista and that it was a tough call and his prayers go out to the young man and his
family. There were some other minor traffic stops and he was really impressed with the way the Officers
handled themselves. He said he didn’t want to miss anyone and noted Steve Sturm, Will Carstens, Fred
Vargas, Larry Cable and Jane Szczepanik and said it was a great night, he gave props to the Chief, saying
they have a great police department and that the citizens should be very proud.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Thursday, August 13, 2020
6:00 o’clock p.m.
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Johnson said he has two nephews in the Firearms Safety Class and noted that it is one of the very few in-
person classes in the State of Minnesota, as many have gone completely virtual, including the field day
which is the actual handling of firearms, pistols and shotguns. He said the hands-on piece is really big
and he commends them for meeting in-person. He said on a Field Day they get to shoot under
instructions, rather than just watching on screen and noted many of the students are younger people with
varying degrees of previous experience and it’s really important to do it in-person.
Printup noted the class needs to go to Corcoran for Field Day and wouldn’t it be nice if they could do that
right in the City of Orono.
Johnson answered yes and perhaps that is where the City’s Public Works Building may come in.
Crosby asked what the age range in the DNR Firearms Safety class is.
Printup answered he believes the ages range from 11 to 17 years old.
Johnson noted the Council had approved a permit for a big Fireworks show, and it was pretty impressive.
Walsh stated Seals sent him the video and said he let Bob Erickson know.
Seals said it was loud and impressive and she loved it. She said it was comparable to some of the City
Fireworks displays.
Seals thanked the residents for giving Walsh, Crosby and herself another four-year run on the Council and
congratulated her colleagues. She noted it was a bit odd not to have competition or to go knock on doors.
Crosby stated he still got some signs out and knocked on a few doors and said it’s fun to go out and see
neighbors and residents. One woman said she’d been waiting for him because she wanted him to put his
sign in her yard, noting he loves this woman, she’s terrific and thinks maybe she will adopt him and he
will adopt her. He also noted he missed not seeing the residents as much but not having competition was
wonderful.
Seals said it would be fun to watch Orono’s neighboring cities as they have a lot of competition running
for City Council, noting she doesn’t know what is going on in some of those cities.
Crosby said he hopes they pick really good candidates because if history shows anything, with everything
that Minneapolis went through recently, having a good Council and a good Mayor and so forth is so
incredibly important. He said when he took the position on the Council, he underestimated the
importance of the role, noting the situation in Minneapolis shows that if a City doesn’t have a good
Council and Mayor, people don’t have safety, they don’t have business and possibly even their life and
that is very sad. He asked people to make good choices.
Walsh congratulated his colleagues on the Council and said they have two election cycles of unopposed
members, which he thinks is a large statement from Orono residents, that they are trusting that they
Council is doing the right thing and it’s going great. He said he had a conversation once with a person
running for Council in Tonka Bay and that person asked him what Walsh’s advice would be. He
answered “just say what you’re going to do, and then do it.” It’s as simple as that. He noted there are
always platforms when people are running and they may not always be popular at the time but they make
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ORONO CITY COUNCIL MEETING
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the most sense for the City and he thinks everyone in Orono knows the Council is doing the right things
for the residents and that is what the job is about.
Walsh updated the Council, saying in his household they’ve been celebrating lots of birthdays and having
lots of cake and his wife has been doing a 30-day challenge of cooking something new and different that
she’s never cooked before every day and posting it to Facebook. He said they’ve been eating very well at
home and trying lots of new food.
Seals said the food looks good and she’s waiting for an invite.
CITY ADMINISTRATOR REPORT
Rief gave an overview, saying construction is occurring on Togo Road and they’re working on utilities
and most should be completed this week. Next week they’ll move to soil replacement and get the road
back to being drivable. He said they won’t start the rest of the Navarre Projects until that road is back to
having curb and gutter and that the road construction was needed.
He noted East Long Lake Trail is underway, most of the asphalt has been removed and they are working
on pilings for the Boardwalk next week and rain gardens. The Legacy Fund is doing fundraising for
benches and other things to add to what has already been contributed.
Rief said he and Mattick will meet with the Local Twelve next week to understand what they are
proposing for their union contract. He noted the Council just approved Rockville Lake and noted
regarding the Fair Labor Standards Act (FLSA) Audit, they are in the final stages of preparing the
information to send back and they’re doing calculations on back wages right now and it’s roughly
between $7,000 and $8,000 for two years.
Rief said he received a resignation for one of the City’s Officers earlier that day that will be brought at the
next Council meeting, noting it’s not something that anyone saw coming and he doesn’t know if it’s a
result of the environment that officers are dealing as there is a lot of added stress right now. He noted that
is not reflected here, as the Council supports the officers well and he thanked the Council. He said it
could be a result of the feedback on social media and news media and it’s taken a toll on the department.
CITY ATTORNEY REPORT
Mattick noted he had a conflict at the next meeting so he was sending a colleague in his place named
Shana Conklin and she has been with them for about seven years and is lead attorney in a few other
communities.
ADJOURNMENT
Crosby moved, Printup seconded, to adjourn the Orono City Council meeting at 6:44 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
_____________________________________ _______________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
Orono City Council
Work Session Minutes
Thursday, August 13, 2020
Council Chambers
5:00 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals,
Printup and Matt Johnson. Staff members present were City Administrator Dustin Rief, Public
Works Director/City Engineer Adam Edwards, Finance Director Ron Olson, and City Clerk Anna
Carlson.
1. Public Works Move Feasibility Study
Public Works Director/ City Engineer Adam Edwards explained the Feasibility Study to the
City Council. Edwards noted that the Council had expressed interest in procuring land and
constructing a new Public Works facility which led staff to initiate a feasibility study. The
study displays two different options, one with just the Public Works Facility and the other
with the Public Works facility and the possible addition of a fire department. An analysis and
cost estimate has been provided in the Work Session packet for the Council. Edwards is
looking for discussion on the merits of moving forward with the purchase of land for the
construction of a new facility.
Mayor Dennis Walsh mentioned that the $200/per square foot was a bit shocking and that he
has seen costs much lower costs for similar size and types of buildings. The costs we are
really looking at right now would be that for the utilities and land. Walsh added the Council
needs to decide if this is something they want to do, and then look to obtain the land and then
follow with developing a master plan. He added that the Council really needs to decide if this
is something they would like to do and then start investigating and start planning for. Walsh
also mentioned that he would like the see the city be able to do this without using any bonding
for funds if the Council should choose to move forward with this type of project.
Walsh noted that the City may need to keep investigating the project and staff should be
looking to go out for bids on the project possibly next summer after we know what the needs
are for the City concerning a fire department.
Council Member Aaron Printup recalled that when the current Public Works Facility was first
built the City had anticipated using more of the land as we grew, however the facilities and
land is surrounded by wet land which makes it difficult to expand.
Council Member Matt Johnson asked if there were any restrictions the City may be looking at
to purchase property for a future facility. Johnson noted that it would be a wise choice at this
point to take a closer look, get the information and then plan.
Council Member Richard F. Crosby II mentioned that he was unsure about moving ahead but
likes the idea of getting the land.
Meeting Adjourned: 5:33 p.m.
Orono City Council
Work Session Minutes
Thursday, August 13, 2020
Council Chambers
5:00 p.m.
CITY OF ORONO:
__________________________________
Dennis Walsh, Mayor
ATTEST:
____________________________
Anna Carlson, City Clerk
AGENDA ITEM
Prepared By: MLU Reviewed By:rjo Approved By: DJR
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
114547 to 114639, totaling $622,810.55.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
#114565 City of Long Lake
$12,182.00
Payment adjustment for 2020 1st and 2nd quarter fire service
and credit back for 2019 fire service.
#114615 Omann Contracting Co
$78,569.00
2nd payment for 2020 street improvements.
#114623 Public Employees
Retirement Association $75,380.70
Previous payments were captured as part of payroll. Due to
the transition to Paychex, the payment needs to go through
check runs. This is for employees’ pension, which includes
employee payroll deduction and city contribution, for 2 pay
periods.
4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims
list as presented.
COUNCIL ACTION REQUESTED
Motion to approve the claims list as presented.
Exhibits
A. Check Register
Item No.: 3 Date: August 24, 2020
Item Description: Claims/Bills
Presenter: Ron Olson
Finance Director
Agenda
Section:
Consent Agenda
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
ADVANCED IMAGING SOLUTIO 08/24/2020 114547 INV230713 101-41900-201 TONER Central Services 92.00
Total 114547:92.00
ALTERNATIVE BUSINESS FURN 08/24/2020 114548 63573 101-42110-570 OFFICE FURNITURE Police Department 200.00
Total 114548:200.00
APPLIED CONCEPTS INC 08/24/2020 114549 370231 101-42110-550 SQUAD #266 SET-UP Police Department 402.00
Total 114549:402.00
APPRIZE TECHNOLOGY SOLUT 08/24/2020 114550 20430 101-41900-319 ADMINISTRATIVE FEE 08/20 Central Services 567.00
Total 114550:567.00
ASPEN EQUIPMENT 08/24/2020 114551 10219249 701-49800-221 TOOL BOX UNIT 409 729.00
Total 114551:729.00
Aspen Mills 08/24/2020 114552 259808 101-42110-226 UNIFORMS Police Department 179.95
Total 114552:179.95
Baycliff Homes 08/24/2020 114553 081120 101-22205 ESCROW REFUND LA20-000028 2440 OLD BEAC 700.00
Total 114553:700.00
BOLTON & MENK INC.08/24/2020 114554 0254382 101-43280-307 LA20-000048 SHORELINE ESTATES Special Services 173.00
BOLTON & MENK INC.08/24/2020 114554 0254386 602-49450-304 18-002 SEWER IMPROVEMENTS Sewer 118.00
BOLTON & MENK INC.08/24/2020 114554 0254386 602-16500 2019 SEWER IMPROVEMENTS 19-013 118.00
BOLTON & MENK INC.08/24/2020 114554 0254386 435-48972-304 19-046 BRACKETTS POINT ROAD OVERLAY 852.00
BOLTON & MENK INC.08/24/2020 114554 0254386 101-43170-304 MISC ENGINEERING Engineering 276.00
BOLTON & MENK INC.08/24/2020 114554 0254386 101-43170-304 20-035 PW BLDG FEASIBILITY STUDY Engineering 87.00
BOLTON & MENK INC.08/24/2020 114554 0254386 101-43280-307 LA20-000048 SHORELINE ESTATES Special Services 174.00
BOLTON & MENK INC.08/24/2020 114554 0254394 710-49970-401 CITIZEN PROBLEM REPORTER 1,552.50
Total 114554:3,350.50
Brantner, Brian 08/24/2020 114555 081120 101-22205 ESCROW REFUND 2016-01423 1415 PARK DRIV 2,500.00
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114555:2,500.00
Bratt Tree Company 08/24/2020 114556 4090 101-43000-408 TREE TRIMING IN ROW Public Works Department 1,500.00
Total 114556:1,500.00
Buxton, Sarah 08/24/2020 114557 082020 101-22205 ESCROW REFUND 2016-00886 755 TONKAWA R 2,500.00
Total 114557:2,500.00
CAMPBELL KNUTSON 08/24/2020 114558 00004G-165 101-42110-307 POLICE MATTERS 7/20 Police Department 1,485.00
CAMPBELL KNUTSON 08/24/2020 114558 0000G-177 101-41600-307 COVID 19 - LEGAL MATTERS Law/Legal Services 643.50
CAMPBELL KNUTSON 08/24/2020 114558 0000G-177 101-41600-307 CBA NEGOTIATIONS Law/Legal Services 115.50
CAMPBELL KNUTSON 08/24/2020 114558 0000G-177 101-41600-307 GENERAL LEGAL REVIEW - 7/20 Law/Legal Services 1,726.89
CAMPBELL KNUTSON 08/24/2020 114558 0000G-177 101-41600-307 CEASE & DESIST MATTER Law/Legal Services 346.50
CAMPBELL KNUTSON 08/24/2020 114558 0000G-177 101-42110-307 LICENSE PLATE READER MATTER Police Department 181.50
CAMPBELL KNUTSON 08/24/2020 114558 0000G-177 101-42110-307 FLSA AUDIT Police Department 700.00
CAMPBELL KNUTSON 08/24/2020 114558 0115G-120 101-41600-308 CODE ENFORCEMENT 7/20 Law/Legal Services 247.50
CAMPBELL KNUTSON 08/24/2020 114558 0201G-99 101-41600-307 MISC RECORDINGS 07/20 Law/Legal Services 384.40
CAMPBELL KNUTSON 08/24/2020 114558 0628G-3 101-43280-307 LA19-000050 - 2710 PENCE LANE Special Services 82.50
CAMPBELL KNUTSON 08/24/2020 114558 0670G-4 101-43280-307 LA20-000012 LAKEVIEW OF ORONO Special Services 27.00
CAMPBELL KNUTSON 08/24/2020 114558 0677G-4 101-43280-307 LA20-000032 - IVY PLACE 2ND ADDTN Special Services 587.00
CAMPBELL KNUTSON 08/24/2020 114558 0678G-3 101-43280-307 LA20-000024 - 1380/1386 REST POINT Special Services 302.50
CAMPBELL KNUTSON 08/24/2020 114558 0684G-1 101-43280-307 LA19-000084 - BALDUR PARK RD Special Services 82.50
CAMPBELL KNUTSON 08/24/2020 114558 0685G-1 101-43280-307 LA20-000037 - 2645 CASCO PT RD Special Services 247.50
CAMPBELL KNUTSON 08/24/2020 114558 0686G-1 101-43280-307 LA20-000039 - 3585 FREDERICK STREET Special Services 82.50
CAMPBELL KNUTSON 08/24/2020 114558 0687G-1 101-43280-307 RAS20-000047 320 WOODHILL RD Special Services 120.00
CAMPBELL KNUTSON 08/24/2020 114558 0688G-1 101-43280-307 LA20-2000045 - 4220 CHIPPEWA LANE Special Services 28.00
CAMPBELL KNUTSON 08/24/2020 114558 0689-1 101-43280-307 RAS20-000040 2250 LONGVIEW CIRCLE Special Services 100.00
CAMPBELL KNUTSON 08/24/2020 114558 0800G-60 101-42400-307 STAFF MEETINGS 7/20 Building & Zoning 330.00
CAMPBELL KNUTSON 08/24/2020 114558 0801G-60 101-41600-307 COUNCIL MEETING 07/20 Law/Legal Services 1,831.50
CAMPBELL KNUTSON 08/24/2020 114558 0802G-60 101-42400-307 B&Z ASSISTANCE 7/20 Building & Zoning 1,254.00
CAMPBELL KNUTSON 08/24/2020 114558 0803G-51 101-41600-307 ORDINANCES 7/20 Law/Legal Services 643.50
CAMPBELL KNUTSON 08/24/2020 114558 0804G-8 101-41600-307 CARES ACT Law/Legal Services 82.50
Total 114558:11,631.79
CAPITOL BEVERAGE SALES L.P 08/24/2020 114559 2444381 101-45210-091 BEER FOR RESALE Golf Course 168.00
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114559:168.00
CARDMEMBER SERVICE 08/24/2020 114560 070120 701-49800-212 BOAT FUEL 19.63
CARDMEMBER SERVICE 08/24/2020 114560 071120 101-45210-091 BEER FOR RESALE Golf Course 131.96
CARDMEMBER SERVICE 08/24/2020 114560 072120-3 101-45210-433 MGCSA MEMBERSHIP Golf Course 165.00
CARDMEMBER SERVICE 08/24/2020 114560 072320 101-45210-091 BEVERAGES FOR RESALE Golf Course 175.95
CARDMEMBER SERVICE 08/24/2020 114560 080320-2 701-49800-221 UNIT 623 PARTS 46.32
CARDMEMBER SERVICE 08/24/2020 114560 080320-3 701-49800-212 BOAT FUEL 22.12
CARDMEMBER SERVICE 08/24/2020 114560 080320-4 701-49800-212 BOAT FUEL 22.12
CARDMEMBER SERVICE 08/24/2020 114560 080620 101-45200-225 SECURITY CAMERAS Parks 19.98
CARDMEMBER SERVICE 08/24/2020 114560 080620-1 101-42110-439 MEETING EXPENSE Police Department 8.14
CARDMEMBER SERVICE 08/24/2020 114560 080620-2 101-41300-489 EMPLOYEE APPRECIATION Administration 564.22
CARDMEMBER SERVICE 08/24/2020 114560 080720 101-45210-094 CONCESSIONS Golf Course 4.99
CARDMEMBER SERVICE 08/24/2020 114560 081020 101-42110-437 HUNTER SAFETY TRAINING - MEALS Police Department 48.47
CARDMEMBER SERVICE 08/24/2020 114560 081120 101-42110-437 HUNTER SAFETY TRAINING - MEALS Police Department 56.60
CARDMEMBER SERVICE 08/24/2020 114560 081220 710-49970-221 IPAD CASES 90.32
CARDMEMBER SERVICE 08/24/2020 114560 081720 101-41110-439 MEETING EXPENSE Mayor & Council 280.65
Total 114560:1,656.47
CENTERPOINT ENERGY MAIN 08/24/2020 114561 072420-1 602-49450-381 GAS SERVICE 6/12 - 7/22 Sewer 24.72
Total 114561:24.72
Century Link 08/24/2020 114562 080420 601-49400-321 WATER PLANT PHONE/INTERNET 8/4-7/3/20 Water 124.21
Total 114562:124.21
CenturyLink 08/24/2020 114563 140870982 614-49840-329 INTERNET 7/8/20-8/7/20 Cable Franchise 1,056.44
Total 114563:1,056.44
CINTAS CORPORATION 08/24/2020 114564 4058107061 101-41900-404 MAT SERVICE - CH Central Services 21.92
CINTAS CORPORATION 08/24/2020 114564 4058107155 101-41900-404 MAT SERVICE - CH Central Services 25.92
CINTAS CORPORATION 08/24/2020 114564 4058240027 101-45210-319 GOLF MAT SERVICE Golf Course 23.50
CINTAS CORPORATION 08/24/2020 114564 4058240052 101-43000-221 SHOP TOWELS Public Works Department 3.50
CINTAS CORPORATION 08/24/2020 114564 4058240052 101-43000-226 UNIFORMS Public Works Department 54.75
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114564:129.59
CITY OF LONG LAKE 08/24/2020 114565 00201494 101-42260-318 1ST QTR 2020 FIRE SERVICE Fire Protection Services 7,953.50
CITY OF LONG LAKE 08/24/2020 114565 00201494 101-42260-318 2ND QTR 2020 FIRE SERVICE Fire Protection Services 7,953.50
CITY OF LONG LAKE 08/24/2020 114565 00201494 405-39640 2019 FIRE CONTRACT - EVEN UP 3,725.00-
Total 114565:12,182.00
COMMERCIAL ASPHALT 08/24/2020 114566 200731 601-49400-489 NARROWS SALOON WATER BREAK Water 811.08
COMMERCIAL ASPHALT 08/24/2020 114566 200815 601-49400-405 WATER MAIN BREAK PATCH Water 462.92
Total 114566:1,274.00
David Weekley Homes 08/24/2020 114567 082020 101-22205 ESCROW REFUND RPS19-000071 550 SANDHILL 10,000.00
David Weekley Homes 08/24/2020 114567 082020 101-39615 ESCROW REFUND RPS19-000071 550 SANDHILL 30.00-
David Weekley Homes 08/24/2020 114567 082020-1 101-39615 ESCROW REFUND RPS19-000064 560 SANDHILL 30.00-
David Weekley Homes 08/24/2020 114567 082020-1 101-22205 ESCROW REFUND RPS19-000064 560 SANDHILL 10,000.00
Total 114567:19,940.00
DPC INDUSTRIES 08/24/2020 114568 DE82000100 601-49400-216 CHLORINE Water 30.00
Total 114568:30.00
EARL F ANDERSON & ASSOC 08/24/2020 114569 0124107-IN 101-43000-224 SIGNS Public Works Department 773.13
Total 114569:773.13
ECM PUBLISHERS INC 08/24/2020 114570 788212 101-42400-340 AUGUST PH NOTICE Building & Zoning 47.68
ECM PUBLISHERS INC 08/24/2020 114570 788923 101-41410-340 NOTICE ELECTIONS Elections 23.84
ECM PUBLISHERS INC 08/24/2020 114570 789763 235-45690-352 TIF PUBLICATION 160.65
Total 114570:232.17
EHLERS AND ASSOCIATES INC 08/24/2020 114571 84348 235-45690-319 TIF REPORTING 2,312.50
Total 114571:2,312.50
ES&S Election Systems & Softwar 08/24/2020 114572 1149212 101-41410-221 COVID-19 ELECTIONS EQPT SNEEZE GAURDS Elections 2,512.35
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114572:2,512.35
FASTENAL 08/24/2020 114573 MNPLY1244 101-43000-226 RUBBER GLOVES Public Works Department 43.06
Total 114573:43.06
FERGUSON WATERWORKS #25 08/24/2020 114574 0458321 601-49400-227 METERS FOR STONEBAY IRRIGATION Water 3,639.12
FERGUSON WATERWORKS #25 08/24/2020 114574 CM032427 601-49400-227 WATER METERS & HORNS CREDIT Water 1,302.60-
Total 114574:2,336.52
Ferrer, Gerald & Tiffane 08/24/2020 114575 082020 101-22205 ESCROW REFUND 2017-00853 980 HERITAGE L 10,000.00
Total 114575:10,000.00
GENUINE PARTS COMPANY/NA 08/24/2020 114576 3270-482117 101-42110-402 SQUAD #254 BATTERY Police Department 142.52
GENUINE PARTS COMPANY/NA 08/24/2020 114576 3270-483022 101-42110-402 SQUAD HEADLIGHTS Police Department 19.88
Total 114576:162.40
GOPHER STATE ONE CALL 08/24/2020 114577 0070651 601-49400-489 LOCATES Water 286.87
GOPHER STATE ONE CALL 08/24/2020 114577 0070651 602-49450-489 LOCATES Sewer 286.88
Total 114577:573.75
GPS INTERNATIONAL TECHNO 08/24/2020 114578 25293 101-42110-322 SHIPPING Police Department 35.00
Total 114578:35.00
GROSS, JESSICA 08/24/2020 114579 081920 999-10015 UTILITY REFUND 630.06
Total 114579:630.06
GROUP HEALTH INC 08/24/2020 114580 W817583 101-42110-135 EAP HEALTH FOR 7/2020 Police Department 12.00
Total 114580:12.00
H & L MESABI 08/24/2020 114581 07312020 101-45200-221 FEES Parks 3.30
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114581:3.30
Haase, William Jr.08/24/2020 114582 082020 101-22205 ESCROW REFUND RAS19-000064 3575 CHRISTI 1,000.00
Total 114582:1,000.00
HEALTH PARTNERS 08/24/2020 114583 98479258 101-21706 HEALTH INSURANCE 8/2020 53,852.50
HEALTH PARTNERS 08/24/2020 114583 98479258 101-15998 COBRA HEALTH INS 8/2020 3,398.50
HEALTH PARTNERS 08/24/2020 114583 98479258 101-42110-135 HEALTH INS 8/2020 - POLICE CONT Police Department 739.50
HEALTH PARTNERS 08/24/2020 114583 99031874 101-21706 HEALTH INSURANCE 9/2020 54,621.50
HEALTH PARTNERS 08/24/2020 114583 99031874 101-42110-135 HEALTH INS 9/2020 - POLICE CONT Police Department 739.50
HEALTH PARTNERS 08/24/2020 114583 99031874 101-15998 COBRA HEALTH INS 9/2020 3,398.50
HEALTH PARTNERS 08/24/2020 114583 99031874 101-21706 RETROACTIVE CREDIT 710.00-
Total 114583:116,040.00
HENNEPIN COUNTY INFOR TE 08/24/2020 114584 1000152998 710-49970-401 NETWORK SUPPORT 8-2020 58.00
HENNEPIN COUNTY INFOR TE 08/24/2020 114584 1000153089 101-42110-414 RADIO LEASE Police Department 2,273.08
HENNEPIN COUNTY INFOR TE 08/24/2020 114584 1000153112 101-43000-414 PW RADIOS 07/20 Public Works Department 206.91
Total 114584:2,537.99
HENNEPIN COUNTY SHERIFF 08/24/2020 114585 1000153193 101-41600-309 JAIL CHARGES - JULY/20 Law/Legal Services 450.00
Total 114585:450.00
ICMA RETIREMENT TRUST 45 08/24/2020 114586 081320 101-21705 457 - 8/13/20 1,691.00
Total 114586:1,691.00
Jobin, Richard & Jennifer 08/24/2020 114587 081820 101-22205 ESCROW REFUND RPS18-000118 4775 AUGUST 10,000.00
Total 114587:10,000.00
KLINGSPOR 08/24/2020 114588 3942816 101-43000-224 GRINDER BLADES Public Works Department 62.63
Total 114588:62.63
LAKE MTKA CONSERVATION DI 08/24/2020 114589 061520 101-41110-433 3RD QTR 2020 LMCD LEVY Mayor & Council 14,711.50
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114589:14,711.50
LaPointe Utilities Inc 08/24/2020 114590 082020 101-22205 ESCROW REFUND LA19-000087 WILLOW DRIVE 1,500.00
Total 114590:1,500.00
LEAGUE OF MN CITIES 08/24/2020 114591 081420 101-19999 FORWARD FUND TO LMCIT-MARKS 662.00
Total 114591:662.00
LOGIS 08/24/2020 114592 49053 710-49970-329 BACKUPS 8/20 804.00
LOGIS 08/24/2020 114592 49053 710-49970-329 INTERNET 8/20 509.00
LOGIS 08/24/2020 114592 49053 101-42110-310 POLICE RECORDS 8/20 Police Department 7,305.00
LOGIS 08/24/2020 114592 49053 710-49970-311 HOSTED SERVERS 8/20 1,093.00
LOGIS 08/24/2020 114592 49118 710-49970-401 OUTLOOK ISSUES 313.75
LOGIS 08/24/2020 114592 49118 710-49970-401 DNS 31.25
LOGIS 08/24/2020 114592 49118 710-49970-401 FILE ON Q 62.50
Total 114592:10,118.50
MANSFIELD OIL COMPANY 08/24/2020 114593 21906806 101-42110-212 UNLEADED FUEL Police Department 3,322.43
Total 114593:3,322.43
MARGARET UNG 08/24/2020 114594 080720 101-41500-331 MILEAGE 7/10/20-8/7/20 Finance Department 25.30
MARGARET UNG 08/24/2020 114594 080720 101-41500-437 CPA REVIEW Finance Department 2,719.32
Total 114594:2,744.62
Marie Jorland 08/24/2020 114595 073020 101-45210-093 GOLF CONDIMENTS Golf Course 14.54
Total 114595:14.54
MCB BANK - HSA 08/24/2020 114596 081320 101-21717 HSA 8/13/20 233.34
Total 114596:233.34
MET COUNCIL ENVIRONMENTA 08/24/2020 114597 0001112896 602-49450-383 WASTEWATER CHARGES 09/2020 Sewer 51,616.28
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114597:51,616.28
MHSRC/Range 08/24/2020 114598 629430-7814 101-42110-437 TRAINING - T. WHITE Police Department 445.00
Total 114598:445.00
MINNEAPOLIS OXYGEN COMPA 08/24/2020 114599 00063122 101-43000-224 OXYGEN, ACETYLENE Public Works Department 30.69
MINNEAPOLIS OXYGEN COMPA 08/24/2020 114599 00063123 101-42110-221 MEDICAL OXYGEN Police Department 51.15
MINNEAPOLIS OXYGEN COMPA 08/24/2020 114599 00063124 101-42110-221 MEDICAL OXYGEN Police Department 7.13
Total 114599:88.97
MINNESOTA EQUIPMENT 08/24/2020 114600 P96040 701-49800-221 REPAIR BACKPACK BLOWER 28.02
MINNESOTA EQUIPMENT 08/24/2020 114600 P96041 701-49800-221 CHAINSAW PARTS 43.75
Total 114600:71.77
MISSION COMMUNICATIONS LL 08/24/2020 114601 1043689 602-49450-403 LS#32 SERVICE Sewer 347.40
Total 114601:347.40
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 601-39610 SALES TAX - 7/2020 65.00
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 101-37910 SALES TAX - 7/2020 3,765.00
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 101-37930 SALES TAX - 7/2020 286.00
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 101-37940 SALES TAX - 7/2020 110.00
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 101-37960 SALES TAX - 7/2020 35.00
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 101-37970 SALES TAX - 7/2020 15.00
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 101-37980 SALES TAX - 7/2020 5.00
MN DEPT OF REVENUE-WIRE 08/24/2020 114602 073120 101-37920 SALES TAX - 7/2020 1,502.00
Total 114602:5,783.00
MN DEPT OF TRANSPORTATIO 08/24/2020 114603 P00010054 101-43000-408 TRAFFIC SIGNAL MAINTENANCE Public Works Department 1,597.10
Total 114603:1,597.10
MN NATIVE LANDSCAPE 08/24/2020 114604 25224 101-45200-404 SAGA HILL SPOT SPRAY Parks 700.00
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114604:700.00
MN STATE RETIREMENT-HCSP-08/24/2020 114605 081320 101-21718 PEHSCP - 8/13/20 2,361.12
Total 114605:2,361.12
MTI DISTRIBUTING INC 08/24/2020 114606 1271636-00 101-45210-223 GOLF IRRIGATION SPRINKLER Golf Course 526.98
Total 114606:526.98
NATIONWIDE RETIREMENT 08/24/2020 114607 081320-OBR 101-21705 OBRA - 08/13/20 460.03
NATIONWIDE RETIREMENT 08/24/2020 114607 081320-ROT 101-21705 ROTH - 08/13/20 50.00
NATIONWIDE RETIREMENT 08/24/2020 114607 081320-USC 101-21705 457 - 07/30/20 1,045.00
Total 114607:1,555.03
NAVARRE HARDWARE 08/24/2020 114608 326337 602-49450-227 HARDWARE Sewer .26
NAVARRE HARDWARE 08/24/2020 114608 326370 101-41900-223 KEYS Central Services 6.77
NAVARRE HARDWARE 08/24/2020 114608 326424 601-49400-489 SHIPPING Water 11.38
NAVARRE HARDWARE 08/24/2020 114608 326448 601-49400-489 SHIPPING Water 11.84
NAVARRE HARDWARE 08/24/2020 114608 326476 101-41900-201 ELECTION SUPPLY CLEANING Central Services 5.99
NAVARRE HARDWARE 08/24/2020 114608 326477 101-45210-201 COVID-19 SUPPLIES GOLF Golf Course 19.96
NAVARRE HARDWARE 08/24/2020 114608 326582 101-43000-489 SOAP FOR SHOP Public Works Department 4.29
Total 114608:60.49
NOLA DICKHAUSEN 08/24/2020 114609 081220 101-41410-331 ELECTION MILEAGE REIMBURSEMENT Elections 59.23
NOLA DICKHAUSEN 08/24/2020 114609 081220 101-41900-201 HAND SOAP Central Services 8.57
NOLA DICKHAUSEN 08/24/2020 114609 081220 101-41900-321 COVID-19 CELL PHONE MINUTES Central Services 22.71
Total 114609:90.51
NORLINGS 08/24/2020 114610 37270 101-45200-404 CITY HALL LANDSCAPE MAINTENANCE Parks 1,089.00
Total 114610:1,089.00
O SULLIVANS HOLIDAY 546 08/24/2020 114611 073120 101-42110-402 07/20 CAR WASHES Police Department 97.62
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114611:97.62
O SULLIVANS HOLIDAY 547 08/24/2020 114612 073120 101-42110-402 07/20 CAR WASHES Police Department 188.73
Total 114612:188.73
Occupational Health Centers of M 08/24/2020 114613 103216844 101-42110-319 VACCINE - T. WIEBUSCH Police Department 98.00
Total 114613:98.00
OFFICE DEPOT 08/24/2020 114614 11317089500 101-42110-201 OFFICE SUPPLIES Police Department 198.57
OFFICE DEPOT 08/24/2020 114614 11473569200 101-42110-201 OFFICE SUPPLIES Police Department 101.37
Total 114614:299.94
Omann Brothers Paving Inc 08/24/2020 114615 2020 STREE 435-48973-590 20-001 2020 STREET IMPROVEMENT PROJECT 2020 Street Improvements 82,704.20
Omann Brothers Paving Inc 08/24/2020 114615 2020 STREE 435-20600 20-001 2020 STREET IMPROVEMENT PROJECT 4,135.20-
Total 114615:78,569.00
ON-SITE MEDICAL SERVICES I 08/24/2020 114616 19901 101-42110-319 PROFESSIONAL SERVICES Police Department 40.00
Total 114616:40.00
OPTUM 08/24/2020 114617 081320 101-21717 HSA - 8/13/20 3,730.20
Total 114617:3,730.20
ORCHARD TRUST-MNDCP-ING 08/24/2020 114618 081320 101-21705 457 - 07/30/20 1,245.00
Total 114618:1,245.00
PEMBER COMPANIES 08/24/2020 114619 RFP 2 602-20600 2019 SEWER IMPROVEMENTS 16,969.25-
PEMBER COMPANIES 08/24/2020 114619 RFP 2 602-16500 2019 SEWER IMPROVEMENTS 117,145.00
Total 114619:100,175.75
Perry's Truck Repair 08/24/2020 114620 103939 701-49800-403 GRAPPLE REPAIR 780.00
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114620:780.00
PLAISTED COMPANIES INC 08/24/2020 114621 35511 101-45210-223 TOPDRESSING SAND Golf Course 623.99
Total 114621:623.99
Premium Construction LLC 08/24/2020 114622 081120 101-22205 ESCROW REFUND LA20-000046 2967 CASCO P 700.00
Total 114622:700.00
PUBLIC EMPLOYEES RETIREM 08/24/2020 114623 073020 101-21704 PERA 7/13/20-7/26/20 37,511.49
PUBLIC EMPLOYEES RETIREM 08/24/2020 114623 073020 101-42110-121 PERA LATE CHARGE Police Department 82.83
PUBLIC EMPLOYEES RETIREM 08/24/2020 114623 081320 101-21704 PERA 7/27/20-8/09/20 37,786.38
Total 114623:75,380.70
QUADIENT INC 08/24/2020 114624 N8441255 101-41900-401 POSTAGE MACHINE/INSERTER 9/16/20 - 12/15/2 Central Services 483.63
Total 114624:483.63
RDO EQUIPMENT 08/24/2020 114625 P7764201 701-49800-221 PADS FOR BACKHOE OUTRIGGERS 247.79
Total 114625:247.79
RYAN AUTO MALL 08/24/2020 114626 239623 101-42110-402 SQUAD SUPPLIES Police Department 495.00
Total 114626:495.00
SiteOne Landscape Supply LLC 08/24/2020 114627 102263530-0 101-43000-224 WEED CONTROL Public Works Department 260.14
SiteOne Landscape Supply LLC 08/24/2020 114627 92610608-00 101-43000-224 WEED CONTROL Public Works Department 164.23-
Total 114627:95.91
SRIXON SPORTS USA INC 08/24/2020 114628 6027492SO 101-45210-095 GOLF GLOVES Golf Course 30.00
SRIXON SPORTS USA INC 08/24/2020 114628 6034836CA 101-45210-095 GOLF BALL CREDIT Golf Course 54.00-
SRIXON SPORTS USA INC 08/24/2020 114628 60408507SO 101-45210-095 GOLF BALLS Golf Course 143.10
Total 114628:119.10
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
St. Cyr Johnson Enterprises 08/24/2020 114629 12096-1-122 101-42110-226 COVID UNIFORMS Police Department 127.49
Total 114629:127.49
STREICHERS POLICE EQUIP 08/24/2020 114630 I1440077 101-42110-226 UNIFORMS & EQUIPMENTS Police Department 39.47
STREICHERS POLICE EQUIP 08/24/2020 114630 I1440185 101-42110-226 UNIFORMS & EQUIPMENTS Police Department 100.00
STREICHERS POLICE EQUIP 08/24/2020 114630 I1440638 101-42110-226 UNIFORMS Police Department 1,286.99
STREICHERS POLICE EQUIP 08/24/2020 114630 I1443122 101-42110-226 UNIFORMS Police Department 49.99
STREICHERS POLICE EQUIP 08/24/2020 114630 I1443567 101-42110-228 TRAINING SUPPLIES Police Department 2,428.10
STREICHERS POLICE EQUIP 08/24/2020 114630 I1443574 101-42110-226 UNFORMS Police Department 274.97
STREICHERS POLICE EQUIP 08/24/2020 114630 I1443623 101-42110-226 UNIFORMS & EQUIPMENTS Police Department 24.99
STREICHERS POLICE EQUIP 08/24/2020 114630 I1443829 101-42110-226 UNIFORMS & EQUIPMENTS Police Department 139.98
STREICHERS POLICE EQUIP 08/24/2020 114630 I1444136 101-42110-550 SQUAD #266 SET-UP Police Department 2,466.92
Total 114630:6,811.41
SUBURBAN RATE AUTHORITY 08/24/2020 114631 081220 101-41110-433 2020 SRA MEMBERSHIP Mayor & Council 922.00
Total 114631:922.00
Syn-Tech Systems 08/24/2020 114632 209532 703-49960-379 CIRCUIT BOARDS - LIGHTNING 1,504.00
Total 114632:1,504.00
THE HOME DEPOT 08/24/2020 114633 2313035 101-45200-223 BEDERWOOD SUPPLIES Parks 17.25
THE HOME DEPOT 08/24/2020 114633 314547 101-45200-223 TOPDRESSING BROOM Parks 27.97
THE HOME DEPOT 08/24/2020 114633 3314321 101-45200-223 BEDERWOOD ELECTRICAL Parks 3.47
Total 114633:48.69
THOMSON WEST 08/24/2020 114634 842727074 101-42110-311 DATA PROCESSING Police Department 255.00
Total 114634:255.00
Thomssen, Robert 08/24/2020 114635 08072020 101-43000-489 MAILBOX REIMBURSEMENT Public Works Department 100.00
Total 114635:100.00
TOLL GAS & WELDING SUPPLY 08/24/2020 114636 70008514 101-43000-415 WELDING SUPPLY RENTAL Public Works Department 155.00
City of Orono Check Register - COUNCIL REPORT Page: 13
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114636:155.00
TWIN CITY SEED COMPANY 08/24/2020 114637 47621 101-45200-223 6" STAPLES Parks 34.00
TWIN CITY SEED COMPANY 08/24/2020 114637 47732 101-45200-223 BEDERWOOD SHED SEED Parks 277.50
Total 114637:311.50
VERIZON WIRELESS 08/24/2020 114638 9860176399 101-42110-321 INTERNET 8/7/20-9/6/20 Police Department 1,808.35
VERIZON WIRELESS 08/24/2020 114638 9860176399 101-41900-321 INTERNET 8/7/20-9/6/20 Central Services 252.44
VERIZON WIRELESS 08/24/2020 114638 9860176399 101-42400-321 INTERNET 8/7/20-9/6/20 Building & Zoning 70.02
VERIZON WIRELESS 08/24/2020 114638 9860176399 101-43000-321 INTERNET 8/7/20-9/6/20 Public Works Department 35.01
VERIZON WIRELESS 08/24/2020 114638 9860176399 101-45200-321 INTERNET 8/7/20-9/6/20 Parks 35.01
VERIZON WIRELESS 08/24/2020 114638 9860176399 101-45210-321 INTERNET 8/7/20-9/6/20 Golf Course 147.85
VERIZON WIRELESS 08/24/2020 114638 9860176399 101-45220-321 INTERNET 8/7/20-9/6/20 Brush Site 105.03
VERIZON WIRELESS 08/24/2020 114638 9860176399 601-49400-321 INTERNET 8/7/20-9/6/20 Water 167.00
VERIZON WIRELESS 08/24/2020 114638 9860176399 602-49450-321 INTERNET 8/7/20-9/6/20 Sewer 167.00
Total 114638:2,787.71
WASTE MANAGEMENT RECYC 08/24/2020 114639 0071632-280 603-49500-316 RECYCLING 08/2020 15,831.75
Total 114639:15,831.75
WILDTHREADS 08/24/2020 114640 25550 101-45210-095 GOLF COURSE APPAREL Golf Course 232.56
Total 114640:232.56
WILLIAMS TOWING 08/24/2020 114641 153826 231-45650-436 FORFEITURE TOWING CASE OR20006110 155.00
Total 114641:155.00
WOODDALE BUILDERS 08/24/2020 114642 082020 101-22205 ESCROW REFUND 2018-00093 1180 HUNTER DR 1,000.00
Total 114642:1,000.00
Wright-Hennepin Coop Electric 08/24/2020 114643 3502819870 101-45220-381 BRUSH SITE 6/1-7/1/20 Brush Site 32.75
Wright-Hennepin Coop Electric 08/24/2020 114643 3502819870 101-45210-381 GC SECURITY 9/1-9/30/20 Golf Course 41.82
Wright-Hennepin Coop Electric 08/24/2020 114643 3502819870 101-43000-381 ELECTRICAL SERVICE 07/01-08/01/20 Public Works Department 181.36
City of Orono Check Register - COUNCIL REPORT Page: 14
Check Issue Dates: 8/14/2020 - 8/24/2020 Aug 21, 2020 09:38AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 114643:255.93
XCEL ENERGY 08/24/2020 114644 695039351 101-41900-381 ELECTRIC 6/22/20-7/22/20 Central Services 1,592.49
XCEL ENERGY 08/24/2020 114644 695039351 101-42110-381 ELECTRIC 6/22/20-7/22/20 Police Department 1,057.14
XCEL ENERGY 08/24/2020 114644 695039351 101-42110-381 ELECTRIC 6/22/20-7/22/20 Police Department 36.85
XCEL ENERGY 08/24/2020 114644 695039351 101-43000-381 ELECTRIC 6/22/20-7/22/20 Public Works Department 181.89
XCEL ENERGY 08/24/2020 114644 695039351 101-43000-386 ELECTRIC 6/22/20-7/22/20 Public Works Department 2,015.89
XCEL ENERGY 08/24/2020 114644 695039351 101-45200-381 ELECTRIC 6/22/20-7/22/20 Parks 22.37
XCEL ENERGY 08/24/2020 114644 695039351 601-49400-381 ELECTRIC 6/22/20-7/22/20 Water 8,061.95
XCEL ENERGY 08/24/2020 114644 695039351 602-49450-381 ELECTRIC 6/22/20-7/22/20 Sewer 2,198.88
XCEL ENERGY 08/24/2020 114644 695039351 101-45210-381 ELECTRIC 6/22/20-7/22/20 Golf Course 1,300.93
Total 114644:16,468.39
Yamaha Golf & Utility 08/24/2020 114645 01-237272 101-45210-402 GOLF CART DAMAGE Golf Course 88.65
Total 114645:88.65
ZAHL EQUIPMENT 08/24/2020 114646 0256963-IN 701-49800-402 FUEL TANK PRODUCT TESTING 400.00
Total 114646:400.00
Grand Totals: 622,810.55
AGENDA ITEM
Prepared By: RJO Reviewed By: DJR Approved By: DJR
1. Purpose. To update the City’s Cell Phone Use policy
2. Background. The City adopted the Cell Phone Use policy in 2013, and it has not been updated since
its adoption. Changes in state law and the tax treatment of the allowance require the policy to be updated.
In reviewing the policy, staff has identified other minor changes that it is recommending be made.
The changes include:
Increasing allowance amount to $50 per month which is consistent with the amount paid under
the local 49 union contract.
Under the Monthly Allowance section, the authority to approve payment for an employee in a
leave status is changed from the Council to the Administrator. This is consistent with the
Administrator being responsible for implementing the policy.
The wording under the Safety: Cell Phone Use While Driving section has been amended to reflect
current state law.
The taxable status on the acknowledgement form has been changed to taxable.
3. Cost. The City currently has five (5) non-union employees receiving the $30.00 monthly
reimbursement. Increasing the amount to $50.00 would cost an additional $100 per month.
4. Funding. This cost would be paid through existing budgeted funds.
5. Staff Recommendation. Staff recommends approving the changes to the City’s Cell Phone Use
policy as presented.
COUNCIL ACTION REQUESTED
Motion to adopt the amended Cell Phone Use policy.
Exhibits
A. Cell Phone Use Policy
Item No.: 4 Date: August 24, 2020
Item Description: Cell Phone Use Policy
Presenter: Ron Olson
Finance Director
Agenda
Section:
Consent Agenda
City of Orono
Cell Phone Use
Adopted April 22, 2013
Revised August 24, 2020
Purpose/Policy
The purpose of this policy is to provide guidance with regard to who has cell phone
privileges and City expectations of those with City-owned or City reimbursed cell phones. Cell
phones are assigned to employees who must be accessible due to the nature of their duties and/or
those who must be available for emergency response or consultation.
The provision of a cell phone allowance or City-owned cell phone serves a public purpose
in providing employees with the ability to perform job-related duties, which are directly related to
the governmental purposes.
Scope
Based on business need in providing service to the citizens of the City, contractors, or City
related contacts, designated staff will be provided a cell phone for City business purposes. In lieu
of a City-owned cell phone, designated staff may elect to receive an allowance toward the cost of
an employee’s personal cell phone service which will also be used for City business purposes.
General Provisions
Based on business need, the Department Director and/or City Administrator will determine
which positions in the departments require a cell phone. These work-related needs include, but
are not limited to:
a. When safety of self or others may be at risk.
b. When the employee’s main work location is in the field where land lines and other
primary radio/telephone communications are not available.
c. To provide immediate communication with staff in the department and other
agencies as required to coordinate programs or provide customer service.
d. Improved efficiency in the performance of the job.
e. The need to be able to contact the employee on short notice.
f. The employee’s role in emergency response.
Monthly Allowance Election
Employees designated to receive a cell phone may elect to receive a thirty fifty dollar
($3050.00) monthly cell phone allowance in lieu of a City-owned cell phone. Initial purchase of
the cell phone, accessory equipment, and activation fees will be the responsibility of the employee.
The employee will pay all costs exceeding the amount of the cell phone allowance.
Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for
the following:
a. Procuring and maintaining cellular service from a reliable carrier who provides
phone numbers in the local calling area of Orono.
b. Providing documentation in a manner prescribed by the Finance Director to activate
and maintain monthly allowance payments.
c. Notifying the City within five (5) business days of the cellular service being
disconnected or phone number being changed.
d. Limiting personal calls, incoming and outgoing, during work hours so as not to
interfere with City business or the performance of the employee’s job.
e. Replacement or repair of the phone.
No allowance will be paid when an employee is in a leave status exceeding forty-five (45)
days, unless approved by the City Council Administrator. No allowance will be paid when an
employee is in an unpaid leave status.
Approved Uses
Employees receiving a City-owned cell phone or cell phone allowance will be responsible
for the following:
a. Employees are expected to keep their cell phones turned on during their designated
working and on-call hours to assure they can be reached.
b. Retrieving messages on voice mail if telephone calls are missed on the cell phone.
c. Ensuring that use of the phone does not provide a distraction to the employee during
work hours. This includes setting the cell phone to a silent alert mode during
meetings and other times that an interruption is undesirable.
d. Employees in possession of City-owned cell phones are required to care for the
equipment in a responsible manner and to take appropriate precautions to prevent
theft, damage, and vandalism.
e. Providing adequate security for the phone to prevent unauthorized users from
accessing work-related telephone numbers or documents stored on the cell phone,
including, but not limited to, using a pass-code lock function when available.
f. Limited Personal Use Exception: Personal use during off-peak and weekend hours
is permitted with City-owned cell phones, provided no costs are incurred by the
City for such use. If the City does incur costs for employee’s personal use, the
employee will be responsible for immediate payment of the personal use charges.
Unapproved Uses
Employees receiving a City-owned cell phone are prohibited from the following:
a. Using City-owned cell phones for personal long-distance.
b. Use of the equipment for personal profit or gain.
c. To transmit, receive or distribute pornographic, obscene, abusive, or sexually
explicit materials, or materials containing unclothed or partially clothed people.
d. To violate any local, state, or federal law or engage in any type of illegal activity.
e. To engage in any form of gambling.
f. To engage in any type of harassment or discrimination, including but not limited to
sexual harassment and harassment or discrimination based upon race, gender,
sexual orientation, religion, national origin, marital status, status with respect to
public assistance, disability or any other type of harassment or discrimination
prohibited by law and City Policy.
g. To engage in any type of commercial enterprise unrelated to the specific purposes
and needs of the City.
h. To engage in any form of solicitation without the express prior written consent of
the Department Director or City Administrator.
i. To promote any political or private causes, or other activities, without the express
prior written consent of the Department Director or City Administrator.
j. To enter into financial or contractual obligations without the express prior written
consent of the Department Director or City Administrator. Any financial or
contractual obligation entered into by an employee without the express written
consent of the Department Director or City Administrator shall be the sole
responsibility of the employee.
k. To advocate any type of unlawful violence, vandalism, or illegal activity.
Safety: Cell Phone Use While Driving
For safety reasons, use of a cell phone while driving a motor vehicle or operating highway
equipment should be kept to a minimum. Employees should pull off the road or use a hands-free
device to conduct business using a cell phone. In all cases, employees shall follow local and State
regulations regarding the use of cell phones while operating a motor vehicle.
It is a violation of state law for drivers to hold a cellphone or other communication device
in their hand while operating a vehicle. Drivers may not view videos, play games, or access a
webpage while operating a vehicle. This law applies to all electric communication devices.
Drivers utilizing hands free technologies are encouraged to pull off the road when using a cell
phone. Employees are responsible for fines and fees if found violating state or federal laws.
Privacy
Designated employees are provided City-owned cell phones to assist them in the
performance of their jobs. All such equipment is the property of the City and is to be used for City
purposes. Employees with City-owned cell phones should have no expectation of privacy in
anything they create, store, send or receive using the City’s cell phone.
Information created, stored, sent, or received by an employee acting in his or her
government capacity using a personal cell phone may be classified as government data subject to
the requirements of the Minnesota Government Data Practices Act. Such data is subject to review
by the City and disclosure to the public where required by law.
Responsibility
The City Administrator, or designee, will have primary responsibility for implementation
and coordination of this policy. Violations of this policy will subject the user to disciplinary action
in accordance with the personnel policy or collective bargaining agreement. The Division
Directors will be responsible for enforcement within their departments. When an employee
terminates employment, the Division Director is responsible to ensure that a City-owned cell
phone is returned to the City. The City-owned cell phone shall be returned to the City prior to
final compensation to the employee.
Acknowledgement
A Cell Phone Plan and Use Acknowledgement Signature Form will be required to be
completed prior to any employee using a City-owned cell phone or receiving a cell phone
allowance.
City of Orono
Cell Phone Plan and Use Acknowledgement
As an employee that has been identified as being in a position that requires the use of a cell
phone, I acknowledge that I have received the City of Orono’s policy on Cell Phone Use and
understand that this receipt will be filed with my personnel records.
I hereby choose the following:
□ I will use a city provided cell phone.
□ I choose to use my personal cell phone. I understand that under current IRS regulations,
the cell phone allowance reimbursement that I will receive is not taxable. If IRS regulations
change I understand that the reimbursement amount may will be added to my taxable income.
_____________________________________
Name (Please Print)
My Phone Number is: ___________________ My Provider is: ___________________
________________________________ ___________________________
Signature Date
AGENDA ITEM
Prepared By: AMC Reviewed By: AMC Approved By: DJR
1. Purpose. The purpose of this action item is to approve the Rental License for the license period of
August 24, 2020 to December 31, 2021.
2. Staff Recommendation. Staff recommends approval of the rental license as listed in Exhibit A for
the license period of August 24, 2020 to December 31, 2021. The Rental License Applicant in Exhibit A
has submitted all of the requested documents and have met all requirements.
COUNCIL ACTION REQUESTED
Motion to approve the rental license listed in Exhibit A for the license period of August 24, 2020 to
December 31, 2021.
Exhibits
A. Listing of Rental License
Item No.: 5 Date: August 24, 2020
Item Description: Approval of Rental License
Presenter: Anna Carlson,
City Clerk
Agenda
Section:
Consent Agenda
Exhibit A
City Council
2020 Rental License
RL20‐000016 Jody Laughlin 100
License# Licensee Total License Fees
AGENDA ITEM
Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR
Purpose. The purpose of this action item is to gain approval accepting Officer Timothy Datwyler
letter of resignation.
Background. Timothy Datwyler was hired as a police officer by the City of Orono in April 2015.
On August 12, 2020, Officer Timothy Datwyler submitted a letter and notice to resign from the
Orono Police Department. Timothy’s last day is September 2, 2020. The police department wishes
Timothy Datwyler the best of luck on his new job and for his service to the citizens of Orono,
Mound, Spring Park and Minnetonka Beach.
Staff Recommendation. I recommend accepting the resignation of Timothy Datwyler effective
September 2, 2020.
COUNCIL ACTION REQUESTED
Motion to approve the resignation of Timothy Datwyler effective September 2, 2020.
Item No.: 6 Date: August 24, 2020
Item Description: Accept Officer Timothy Datwyler’s Resignation
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR
1. Purpose. The purpose of this action item is to gain approval to hire a full-time police officer. An
opening exists for a full-time police officer with Officer Timothy Datwyler resignation effective
September 2, 2020.
2. Background. Collin Palm is currently employed with Lindstrom Restorations. Palm has a Bachelor
of Science Degree from Bemidji State University in Criminal Justice. His Law Enforcement certificate is
from Alexandria Technical College. Palm comes from a family of first responders and has grown up in
our communities. Palm is excited about the opportunity to work for the Orono Police Department.
A conditional job offer has been extended to Palm contingent on successfully completion of a
Psychological Exam, a Physical (Pre-employment medical) exam and Pre-Employment Background
Investigation.
3. Staff Recommendation. I recommend to hire Collin Palm as a full-time police officer at the starting
rate of $32.04 per hour, with a start date of September 8, 2020.
COUNCIL ACTION REQUESTED
Motion to approve the hiring of Collin Palm as a full-time police officer at the rate of $32.04 per hour
with a start date of September 8, 2020.
Item No.: 7 Date: August 24, 2020
Item Description: Request to Hire Full-Time Police Officer
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Consent Agenda
Prepared By: Reviewed By: Approved By: DJR
1. Purpose. The purpose of this action item is to gain council approval to extend the Water Tank
Maintenance for another 5 years.
2. Background. In 2014 the City contracted with Short Elliot Hendrickson (SEH) to paint the North
Water tower in a design build maintenance contract. The maintenance portion of the contract was for 5
years engine in 2019. At the end of the 5 years staff requested a proposal for another 5 year extension of
the maintenance contract.
3. Scope of Work. The contract will provide annual inspections, of the tower in each of the first four
years and a full (inside and out) cleaning, maintenance and engineering evaluation in the fifth year.
4. Staff Recommendation. I recommend approval of the extension. The first 5 years of the contract
went well.
5. Cost and Funding. The cost of the contract is $18,450 per year and is budgeted for in the Water
Operating Budget.
COUNCIL ACTION REQUESTED:
Move to approve the Extension of the Water Tower Maintenance contract for 5 years with SEH for
$18,450/year.
Exhibits
A. Contract Extension Proposal.
B. Contract
Item No.: 8 Date: August 24, 2020
Item Description: Water Tower Maintenance Contract Extension
Presenter: Adam T. Edwards
Public Works Director/City Engineer
Agenda
Section:
Consent Agenda
Proposal for
Water Tank Maintenance Contract Amendment
Orono, Minnesota | July 2020
Building a Better World for All of Us®
SEH Design|Build, Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196
sehdb.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax
July 2020 RE: City of Orono, Minnesota
Water Tank Maintenance Contract
Amendment
500,000 Gallon Hydropillar
Water Storage Tank
SEH No. P-Des. Bld. WTMS
Mr. Adam Edwards
Director of Public Works/City Engineer
City of Orono
2750 Kelley Parkway
Orono, Minnesota 55356
Dear Mr. Edwards,
SEH Design|Build, Inc. (SEH D|B) is pleased to present this proposal for a contract amendment to your
original multi-year professional services agreement, to continue to maintain your 400,000-gallon
hydropillar water storage tank adjacent to City Hall.
Our ongoing work will consist of an additional five or ten-year plan for the engineering, repair, inspection
and maintenance of the water tank and associated appurtenances. In addition, your comprehensive
warranty will be extended to match the term of the proposed maintenance agreement.
As you have experienced, a comprehensive maintenance contract can leverage several benefits not
typically available through traditional design-bid-build delivery methods.
Comprehensive experience
SEH D|B has unparalleled, hands-on knowledge of the issues involved with your hydropillar tank,
since the last coating rehabilitation five years ago.
Hand-pick your contractor
Classic Protective Coatings is the only painting contractor we use for our projects. They will
continue to provide the same high-level of service for the next five to ten years.
Local presence
Our protective coatings staff in our Minnetonka and St. Paul offices are conveniently located
nearby, allowing us the ability to respond quickly to any potential issues.
Quality vs. quantity
As you have experienced, we carefully select and purposely manage a smaller list of tank
maintenance clients in order to maintain a higher level of service, quality, and satisfaction.
Thank you for your ongoing trust in the SEH D|B maintenance program. We have personally appreciated
the opportunity to oversee the ongoing maintenance needs of your water storage facilities, over the last
several years. We look forward to the opportunity of continuing to work with you to provide a
comprehensive tank maintenance program for your water storage facility.
Respectfully submitted,
Jana Nyhagen, PE, NACE Jason Sprague, PE
WTMS Operations Manager Principal
2020 Short Elliott Hendrickson Inc.
The information contained in this Proposal was prepared specifically for you and contains proprietary information. We
would appreciate your discretion in its reproduction and distribution. This information has been tailored to your specific
project based on our understanding of your needs. Its aim is to demonstrate our ideas and approach to your project
compared to our competition. We respectfully request that distribution be limited to individuals involved in your selection
process.
SEH is a registered trademark of Short Elliott Hendrickson Inc.
SEH may use one or more of its subsidiaries to provide the services:
SEH Design|Build, Inc.
SEH of Indiana, LLC
SEH of Michigan, LLC
TABLE OF CONTENTS
Project Understanding ...................................................................................................... 1
Scope of Services .............................................................................................................. 3
Contract Deliverables ........................................................................................................ 8
Performance Guarantees .................................................................................................. 9
Schedule of Payments .................................................................................................... 10
Project Team .................................................................................................................... 11
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 1
Project Understanding
This contract amendment (including our comprehensive scope of work) is based on our in-depth understanding of
your tank over the last five years. The following is a summary of the recorded information from your tank.
TANK EVALUATION INFORMATION
Project: 400,000-Gallon Hydropillar Elevated Water Storage Tank
Owner: City of Orono, Minnesota
Contact: Mr. Adam Edwards, Director of Public Works
Address: 2750 Kelley Parkway, Orono, Minnesota 55356
Reviewing Inspector: Mrs. Jana Nyhagen, PE, NACE
Evaluation Date(s): Annually since 2014
TANK LOCATION AND SURROUNDINGS
400,000-Gallon Hydropillar
Elevated Water Storage Tank
Address: 2750 Kelley Parkway, Orono, Minnesota 55356
Description: Located adjacent to City Hall and public works.
North: Telecom structures, wooded
East: Storage garage, open
South: Open
West: Telecom structures, wooded
Security: Locked access door
Obstructions: None
Overflow discharge: East
Site drainage: Rip rap
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 2
TANK INFORMATION
400,000-Gallon Hydropillar
Elevated Water Storage Tank
Capacity: 400,000 gallons
Tank Material: Steel
Tank Type: Hydropillar
Manufacturer: Pittsburgh Des Moines
Year Built: 1992
Contract Number: N/A
EXISTING COATING INFORMATION
400,000-Gallon Hydropillar
Elevated Water Storage Tank
Location Interior Wet Interior Dry Exterior
Last Painted: 2014 2014 2014
Contractor: SEH Design|Build SEH Design|Build SEH Design|Build
Total/Partial: Total Spot Overcoat
Surface Preparation: SSPC-SP10 SSPC-SP3 SSPC-SP6
Coating System: Zinc/Epoxy (2) Epoxy (2) Urethane
Coating Manufacturer: Tnemec Tnemec Tnemec
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 3
Scope of Services
SEH D|B, Inc. shall, as an amendment to the original contract, provide services and specified work items and repairs
in accordance with the attached documents, including the following:
Table A: Schedule of Services
Table B: Specific Work Items and Repairs
Contract Deliverables
Performance Guarantees
Table C: Schedule of Payment
WORK PLAN
The Work Plan under this extension will generally consist of three procedures (at different times during the contract),
which are defined as follows:
Visual Survey: Annual visual inspections of the tank are
performed while the tank remains in service to determine the
general condition of the coatings and accessories. This work will
include a report summarizing the results of the inspection.
General Maintenance: The wet interior and exterior surfaces will
be washed at scheduled intervals, as well as performing spot
coating repairs to needed areas of the tank. This may also include
minor modifications to the tank appurtenances and equipment.
Engineering Evaluation: A detailed inspection of the tank is
performed to determine the specific structural and sanitary
conditions, as well as the condition of coatings systems relative to
accepted industry standards. This work will include the entrance of
personnel into the water storage areas to inspect all interior
surfaces.
The Engineering Evaluation will also include a report that describes existing conditions and presents
recommendations for future maintenance and rehabilitation.
Since the rehabilitation in 2014, the tank has been protected by
an ongoing SEH D|B water tank maintenance contract.
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 4
Table A
Schedule of Services
MAINTENANCE PLAN YEAR
400,000 GALLON HYDROPILLAR TANK 1 2 3 4 5 6 7 8 9 10
ORONO, MINNESOTA
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
VISUAL SURVEY
Coating Observation (Exterior) • • • • • • • •
(Wet Interior) • • • • • • • •
Accessory Observation • • • • • • • •
Summary Statement • • • • • • • •
GENERAL MAINTENANCE
Pressure Wash (Exterior) • •
(Wet Interior) • •
Spot Coating Repairs (Exterior) • •
(Wet Interior) • •
Minor Accessory Repairs • •
Quality Assurance Inspections • •
ENGINEERING EVALUATION
Coating Testing (Exterior) • •
and Analysis (Wet Interior) • •
Five-year AWWA Inspection • •
Tank Accessories Inspection • •
Report with Recommendations • •
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 5
Table B
Specific Work Items and Repairs
Tank
Name:
400,000-Gallon Hydropillar Tank
Orono, Minnesota
Years: 2020 to 2023
1. Yearly Visual Surveys:
Full tank inspection (wet interior does not need to be drained).
Preparation of summary report.
Year: 2024
1.
Exterior:
Pressure-wash exterior surfaces to remove contaminants, mildew, and
scale.
Power-tool clean all failed/corroded areas on the exterior surfaces to
an equivalent of an SSPC-SP3 Power Tool Cleaning condition.
Apply one coat of epoxy, and one coat of urethane with UV-protection
to exposed/prepared areas.
2.
Wet Interior:
Pressure-wash all wet interior surfaces to remove contaminants and
staining.
Power tool clean all failed/corroded areas on wet interior surfaces to
an equivalent of an SSPC-SP11 Power Tool Cleaning to Bare Metal
condition.
Apply two coats of epoxy to all prepared areas in accordance with
ANSI/NSF Standard 61.
Disinfect tank wet interior per AWWA C652.
3.
Dry Interior:
Power tool clean all failed/corroded areas on dry interior surfaces to an
equivalent of an SSPC-SP3 Power Tool Cleaning condition.
Apply two coats of epoxy to all prepared areas in accordance with
AWWA Inside Paint System No. 1.
4.
Engineering Evaluation:
Inspection of the exterior, dry and wet interior coating systems.
Wet interior will be drained to coincide with the wet interior pressure
wash and coating repairs.
Tank accessories inspection.
Preparation of a report with recommendations.
Work items identified
with grey text are
offered as the base
5-year
maintenance
contract
extension with
SEH Design|Build for
your tank.
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 6
Years: 2025 to 2028
1. Yearly Visual Surveys:
Full tank inspection (wet interior does not need to be drained).
Preparation of summary report.
Year: 2029
1.
Exterior:
Pressure-wash exterior surfaces to remove contaminants, mildew, and
scale.
Power-tool clean all failed/corroded areas on the exterior surfaces to
an equivalent of an SSPC-SP3 Power Tool Cleaning condition.
Apply one coat of epoxy, and one coat of urethane with UV-protection
to exposed/prepared areas.
2.
Wet Interior:
Pressure-wash all wet interior surfaces to remove contaminants and
staining.
Power tool clean all failed/corroded areas on wet interior surfaces to
an equivalent of an SSPC-SP11 Power Tool Cleaning to Bare Metal
condition.
Apply two coats of epoxy to all prepared areas in accordance with
ANSI/NSF Standard 61.
Disinfect tank wet interior per AWWA C652.
3.
Dry Interior:
Power tool clean all failed/corroded areas on dry interior surfaces to an
equivalent of an SSPC-SP3 Power Tool Cleaning condition.
Apply two coats of epoxy to all prepared areas in accordance with
AWWA Inside Paint System No. 1.
4.
Engineering Evaluation:
Inspection of the exterior, dry and wet interior coating systems.
Wet interior will be drained to coincide with the wet interior pressure
wash and coating repairs.
Tank accessories inspection.
Preparation of a report with recommendations.
Work items identified
with blue text are
offered as part of an
additional 5-year
maintenance
contract
extension with
SEH Design|Build for
your tank.
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 7
ADDITIONAL SERVICES
As per the RFP, we cannot accurately predict costs associated with acts of God or vandalism. As such, work that we
have not included under this proposal can be performed as additional services by Change Order and may include the
following:
Damage that occurs as a result of vandalism, fire, ice, flood, wind damage, or other Acts of God.
Damage and/or work that results from the proposed or actual installation of SCADA or cathodic protection
equipment.
Damage and/or work that results from the proposed or actual installation of telecommunications or other
equipment that is anchored to or otherwise attached to a tank structure or appurtenance.
(As part of this stipulation, the Owner agrees that SEH D|B will have the right to review, approve and inspect all
proposed equipment installations on or adjacent to the tank during the term of the contract.)
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 8
Contract Deliverables
SEH D|B will continue to provide an annual report summarizing the ongoing performance of the tank’s coating system
over the amended term of the maintenance contract.
PROJECT INSPECTIONS AND REPORT DOCUMENTATION
All work will be regularly inspected by our NACE-certified, tank inspection
professionals. All inspections are thoroughly documented in a multi-page report that
includes:
A summary of the work performed to-date
A listing of SEH D|B personnel and equipment presently on site
Any site conditions that require additional input from the Owner
Any field work testing and/or sampling performed
Extensive photographs of the work at the time of the inspection
Our SEH D|B team strongly believes that thorough, critical-path inspections are key
to a successful project for several reasons.
Proper documentation allows SEH D|B to:
Communicate potential project issues with the Owner, before scheduling, cost issues or other problems arise
Document current project status to Owner staff, for reporting to other managers and surrounding residents
Ensure the appropriate level of quality is delivered to the Owner for the project.
Record that all site and project safety procedures are being followed and provide a listing of any injuries that have
occurred on site.
Samples of recently completed tank maintenance inspection reports for existing SEH D|B projects are available for
your review at your request.
Example of the tank maintenance
summary report provided to
Lakeland, Minnesota.
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 9
Performance Guarantees
Upon our inspection of your storage facilities, we have identified several safety measures subject to updated OSHA
guidelines and requirements. We have identified these improvements as part our project scope, as a structural item.
Subject to the terms and conditions of the contract documents, SEH D|B, Inc. hereby guarantees that, following a
complete rehabilitation procedure, the tank included under this contract will for the term of the contract:
1. Be in general compliance regarding safety and access with the following industry standards:
American Water Works Association (AWWA) Standards (D100 & D102)
Occupational Safety and Health Administration (OSHA) Article 1910
2. Be maintained to meet or exceed the following industry performance levels for coating systems:
For exterior polyurethane systems: SSPC Paint Specification 36 - Performance Level 3
3. For all other coating systems:
Rusting: ASTM D-610 - Grade 9
Cracking: None Allowed
Peeling: None Allowed
Delimitation: None Allowed
Pitting: None Allowed
All compliance with these specifications will be verified by our SEH D|B staff certified coatings inspectors.
Our SEH D|B inspectors are licensed Professional Engineers in the State of Minnesota and Certified Coating
Inspectors through the National Association of Corrosion Engineers (NACE).
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 10
Schedule of Payments
Compensation for the ongoing maintenance tasks for your tank are typically invoiced on an annual basis. The next
annual payment will be billed upon completion of the 2020 work plan. The subsequent annual fees are typically billed
on the anniversary date of the contract, starting in the year 2021.
PAYMENT PLAN OPTIONS
Our clients have the option of paying the costs associated with their maintenance
contract as they are incurred, or by summing the total cost of the services
provided over the contract term and amortizing them into an annual payment. In
some cases, a possible a hybrid plan may incorporate both methods. The
following table identifies some sample payment plans.
For the purpose of this contract amendment, we have identified two basic sample
payment options for your review. A ten-year extension affords the City of Orono
the option to lock-in prices for a longer term.
The first alternative is a variable payment plan. The variable payment plan
invoices the rehabilitation and maintenance costs as incurred by SEH D|B and
our tank maintenance partner Classic Protective Coatings.
The second alternative is an equal-annual payment plan. This payment plan
sums the total cost of the proposed rehabilitation and the ongoing maintenance
costs, and subsequently amortizes them into more-manageable payments
(including a nominal interest charge) for each year of the service contract.
As a reminder, these costs are inclusive of initial project specifications, work
orders, critical-path inspections, ongoing maintenance items, in addition to
all of the project scope items identified in Tables A and B. Similarly, the project
workmanship will continue to be warranted for the duration of the amendment.
Long-term maintenance contracts do not require payment and/or performance bonds. The prices identified above do not include the acquisition costs for these bonds.
Five-Year Extension
Payment Options
Ten-Year Extension
Payment Options
Variable
Payment Plan
Equal Annual
Payment Plan
Variable
Payment Plan
Equal Annual
Payment Plan
2020 $4,200 $18,450 $4,200 $21,500
2021 $4,200 $18,450 $4,200 $21,500
2022 $4,200 $18,450 $4,200 $21,500
2023 $4,200 $18,450 $4,200 $21,500
2024 $75,450 $18,450 $75,450 $21,500
2025 N/A N/A $5,250 $21,500
2026 N/A N/A $5,250 $21,500
2027 N/A N/A $5,250 $21,500
2028 N/A N/A $5,250 $21,500
2029 N/A N/A $101,750 $21,500
Totals: $92,250 $92,250 $215,000 $215,000
Our clients have the
option of choosing
between paying for
services as they are
incurred, or amortizing
to the total maintenance
contract costs into equal
annual payments, or
possibly a hybrid of
both.
Our goal is to provide a
customized payment
plan that accommodates
the owner’s budget and
current financial needs.
WATER TANK MAINTENANCE CONTRACT
AMENDMENT SHORT ELLIOTT HENDRICKSON INC. 11
Project Team
The SEH D|B delivery team will remain the same for work included within this contract amendment.
As with the original maintenance contract term, our team includes inspectors who are certified by the National
Association of Corrosion Engineers (NACE), the Society for Protective Coatings (SSPC), and the American Welding
Society (AWS).
Key project personnel qualifications are summarized in the following descriptions. These key SEH staff members
have worked on each of our other maintenance projects and will continue to work on your project.
For this project, your primary contacts for this project will be:
Mrs. Jana Nyhagen, PE (MN), NACE Level 3
Operations Manager
715.861.4869 | Direct
715.781.4567 | Cell
jnyhagen@sehinc.com
Mr. Pat Skodje, NACE Level 3
Protective Coatings Specialist
651.318.0360 | Direct
763.482.9542 | Cell
pskodje@sehinc.com
Mr. Jason Sprague, PE
Quality Assurance/Quality Control
612.741.5411 | Cell
jsprague@sehinc.com
Mr. Dan Zienty, NACE Level 3, SSPC
Telecom Specialist
651.490.2160 | Direct
612.280.3450 | Cell
dzienty@sehinc.com
Page 1 of 7
Client Name
AGREEMENT
THIS WATER TANK MAINTENANCE SERVICES AGREEMENT (hereinafter called “Agreement”) is made as of the
____ day of _______________, 2020 (the “Effective Date”) by and between the City of Orono (hereinafter called “Owner”
or “City”) and SEH Design|Build, Inc., with its principal place of business at St. Paul, Minnesota (hereinafter called
“SEH D|B”).
In consideration of the agreements hereinafter contained, the parties hereto agree as follows:
1. SCOPE OF SERVICES
The Owner retains SEH D|B to furnish the services set forth on the attached Exhibit “A” and Exhibit “B” (referred to as
“Schedule” and “Scope” of services). SEH D|B agrees to perform the services. SEH D|B shall provide all personnel,
supervision, services, materials, tools, equipment and supplies and do all things necessary for the Water Tank Services and
all materials, equipment and improvements ancillary thereto specified on Exhibit “B” (Sometimes referred to herein as
“the Project Scope”).
The Project bound by this Agreement is:
Water Tank Maintenance Contract Amendment
The work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the
State of Minnesota, who shall attest that the work will be performed in compliance with all applicable codes and
engineering standards.
All procurement and construction shall be in accordance with drawings, specifications or other documents to be prepared
by SEH D|B in accordance with design premises, performance requirements and other criteria set forth or referenced in
the Exhibits hereto. The work shall be performed as set forth in the Contract Documents, which includes this Agreement
and Exhibits, including Exhibit “A” – Schedule of Services, Exhibit “B” – Scope of Services, and Exhibit “C” –
Compensation Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order
of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”, (iv) Exhibit “C”.
2. REPRESENTATIVES
Owner has designated ______________ (name), ______________ (title) for the City of Orono (the “Owner
Representative”), and SEH D|B has designated Mr. Steve Peterson (the “SEH D|B Representative”). The Owner
Representative and the SEH D|B Representative shall be available as often as is reasonably necessary for reviewing
the Water Tank Services herein, providing required information or decisions, and for authorizing changes therein as
may be required.
3. COMPENSATION
SEH D|B shall be paid by the Owner for the services described in paragraph 1 (further described in Exhibit C) in
accordance with the amounts designated in Exhibit C for each year of service, inclusive of reimbursable costs.
4. INVOICING
4.1 The invoice for the first year fee will be submitted upon completion of the work done in the first year. Invoices
for the subsequent fees will be submitted in the anniversary month of this Agreement.
4.2 Invoices for change orders shall be separately mailed and billed as outlined in the Change Order.
4.3 Amounts more than 30 days past due shall accrue interest at the lesser of 1.5% per month or at the maximum
rate allowed by law. If the Owner fails to make timely payment, SEH D|B may suspend work until receipt of
payment.
4.4 Invoices for services required for the engineering, repair and services required to bring the water tank or
appurtenant facilities into compliance with applicable federal, state and local codes shall be separately itemized
by SEH D|B and payment shall be spread over a period of not less than three years from the Effective Date.
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Client Name
4.5 The maximum payment due from the Owner shall not exceed the total Water Utility Charges and fees collected
by the Owner in the ordinary course of business.
5. COMPLETION
SEH D|B has prepared a schedule in the attached Exhibit A that identifies the duration of the contract, including the
overall contract length and intermediate project milestones and completion dates. This schedule is subject to
adjustment as allowed or required by this Agreement, the Owner, and SEH D|B.
6. SUBCONTRACTING
The subcontracting of any portion of the Work shall not relieve SEH D|B of responsibility for the performance of the
Work, as provided hereunder. However, SEH D|B shall have the right to subcontract such portions of the Work as it
shall determine to others, including any affiliates of SEH D|B (“Affiliates”).
7. OWNER RESPONSIBILITIES
7.1 TELECOMMUNICATIONS
7.1.1 Owner recognizes that any telecommunications equipment located on the water tank(s) or appurtenant
facilities may interfere with the work contemplated in this Agreement. If requested by SEH D|B,
Owner agrees to arrange for the owner of any telecommunications equipment located on the water
tank(s) or appurtenant facilities to remove or protect telecommunications equipment during the Work.
SEH D|B cannot and will not remove such equipment and the removal of such equipment by the Owner
or the owner of such equipment is a condition precedent to SEH D|B’s obligations under this
Agreement.
7.1.2 Owner will also arrange for the reinstallation of the telecommunications equipment after SEH D|B has
notified the Owner that rehabilitation work has been completed or that the work has proceeded to the
point where such equipment may be reinstalled. SEH D|B shall have no responsibility for the
reinstallation of the telecommunications equipment.
7.1.3 Owner acknowledges that SEH D|B cannot be responsible for any damage to the telecommunications
equipment during the removal and reinstallation of the existing equipment. As a result, Owner will
indemnify, defend and hold SEH D|B harmless against any and all claims, damages, suits,
disbursements or other costs including reasonable attorneys’ fees incurred by SEH D|B as a result of
removal and/or reinstallation of the existing telecommunications equipment.
7.1.4 Owner agrees that any antenna upgrades or modifications (i.e. equipment that is anchored to or
otherwise attaches to the tank structure or appurtenances) preformed to the water tank that is under
maintenance contract will have antenna modifications or upgrades reviewed by SEH D|B and
appurtenances welded to the tower will be installed and coated by SEH D|B Contractor. Review by
SEH D|B includes a pre-installation meeting, oversight of installation and post-installation meeting.
SEH D|B shall be compensated in accordance with its then current hourly rates and terms of this
Agreement for such work as an additional service. SEH D|B shall bill Owner for these services through
a separate invoice for this work.
7.1.5 Work that results from the proposed or actual installation of future telecommunications or other
equipment that is anchored to or otherwise attaches to the tank structure or appurtenances is not
included as part of this work. Owner agrees that any proposed new antenna installations will be
reviewed by SEH D|B and any antenna tank modifications that require welding of mounts or
appurtenances including coating repairs to the water tank under contract will be performed by
SEH D|B Contractor. SEH D\B will have the right to review, approve and provide oversight to all
proposed/future telecommunications equipment installations during the term of this contract. Review
by SEH D|B includes a pre-installation meeting, oversight of installation and post-installation meeting.
SEH D|B shall be compensated in accordance with its then current hourly rates for such work as an
additional service. SEH D|B shall bill Owner for these services through a separate invoice for this
work.
7.1.6 Failure of Owner to follow 7.1.4 and 7.1.5 will void the Warranty provided in Section 20.
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Client Name
7.2 PROJECT INFORMATION
7.2.1 The Owner shall furnish all surveys, record drawings, and other information describing legal
limitations, physical conditions, soils and subsurface conditions and utility locations material to the
Work. The Owner shall provide SEH D|B with copies of all prior evaluations, studies, reports, or
existing documentation regarding the condition of Water Tanks, or any concerns or complaints
regarding the condition or operation of the Tank(s) or other work subject to this Agreement. The
Owner shall secure and pay for necessary permits, approvals, variances, easements, assessments and
charges required for the construction, use or occupancy of the Water Tank. If the Owner becomes
aware of any fault or defect in the Project, it shall give prompt notice thereof to SEH D|B.
8. INDEMNIFICATION
To the fullest extent permitted by law, SEH D|B agrees to indemnify the Owner, and its officers, employees, agents,
contractors, volunteers and public officials, from and against all claims, damages, losses, and expenses, including
attorney fees, attributable to the negligent, or otherwise wrongful act or omission, including breach of a specific
contractual duty, of SEH D|B, its employees, agents, contractors, or delegates under this Agreement.
9. INSURANCE
SEH D|B shall secure and maintain such insurance as will protect SEH D|B from claims under the Worker's
Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may
arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less
than:
Commercial General Liability $1,000,000 each occurrence/aggregate
Automobile Liability $1,000,000 combined single limit
Excess/Umbrella Liability $2,000,000 each occurrence/aggregate
The Owner shall be named as an additional insured on the general liability and umbrella policies. The Commercial General
Liability policy shall include coverage for premises, operations, personal injury, advertising injury and contractually
assumed liability.
SEH D|B or its engineering subconsultant shall secure and maintain a professional liability insurance policy. Said policy
shall insure payment of damages for legal liability arising out of the performance of professional services for the Owner,
in the insured's capacity as engineer, if such legal liability is caused by a negligent act, error or omission of the insured or
any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000
with a deductible maximum of $200,000 unless the Owner agrees to a higher deductible.
Before commencing work, SEH D|B shall upon written request, provide the Owner a certificate of insurance evidencing
the required insurance coverage in a form acceptable to Owner. The certificate shall provide that such insurance cannot
be cancelled until thirty (30) days after the Owner has received written notice of the insurer’s intention of cancel this
insurance.
10. INDEPENDENT CONTRACTOR
The Owner hereby retains SEH D|B as an independent contractor upon the terms and conditions set forth in this Agreement.
SEH D|B is not an employee of the Owner and is free to contract with other entities as provided herein. SEH D|B shall be
responsible for selecting the means and methods of performing the work. SEH D|B shall furnish any and all supplies,
equipment, and incidentals necessary for SEH D|B's performance under this Agreement. Owner and SEH D|B agree that
SEH D|B shall not at any time or in any manner represent that SEH D|B or any of SEH D|B's agents or employees are in
any manner agents or employees of the Owner. SEH D|B shall be exclusively responsible under this Agreement for
SEH D|B's own FICA payments, workers compensation payments, unemployment compensation payments, withholding
amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or
regulation.
Page 4 of 7
Client Name
SEH D|B agrees to comply with all federal, state, and local laws and ordinances applicable to the services begin performed
under this Agreement, including all safety standards. SEH D|B shall be solely and completely responsible for conditions
of the job site, including the safety of all persons and property during the performance of the services. SEH D|B represents
and warrants that it has the requisite training, skills, and experience necessary to provide the services and is appropriately
licensed by all applicable agencies and governmental entities to provide such services.
11. CHANGE ORDERS
11.1 The Owner may request that SEH D|B perform additional services not originally included in the basic services
identified in Exhibit B. No such work may be done until after the Owner has approved the change order in
writing Upon such a request by Owner, SEH D|B will generate a Change Order in writing describing the
additionally requested Work and the anticipated compensation for undertaking that Work. .
11.2 In any emergency affecting the safety of persons or property, SEH D|B shall act, at its discretion, to prevent
threatened damage, injury or loss. If the emergency was not the result of SEH D|B’s fault, SEH D|B will be
entitled to an equitable contract adjustment to compensate SEH D|B for its services.
11.3 All Change Orders shall include:
11.3.1 A detailed description of the Change Order Work to be performed.
11.3.2 The amount of any adjustment (up or down) to the SEH D|B contract for the Work done pursuant to
Change Order.
11.3.3 A modification of the project schedule if necessitated by the Change Order Work.
11.4 SEH D|B may request a change order if it believes work outside the scope of services has been requested or is
needed. All such change orders must be approved in writing by the Owner before the work is done.
12. TERM AND TERMINATION
12.1 Either party may terminate this Agreement prior to the expiration of the 10-year term for material breach of this
Agreement, provided such breach is not cured as set forth below.
12.2 If either party believes that the other has materially breached the agreement, then the party alleging the breach
shall give the other 15 days written notice setting forth the nature of the claimed breach and confirming the
intent to terminate. The party claimed to be in breach will then have 15 days to cure the condition which
constitutes the alleged material breach of the contract, or demonstrate that no breach exists. If the party in
breach fails to correct the breach or demonstrate no breach exists, the agreement will terminate upon two days
written notice.
12.3 The Owner may, at any time, terminate this Agreement for the Owner’s convenience without cause upon 30
days written notice. In the event the Owner terminates this Agreement for convenience, SEH D|B shall:
12.3.1 Cease operations as directed by the Owner in its notice;
12.3.2 Take actions as necessary or as the Owner may direct for the protection and preservation of the Work;
and
12.3.3 Except for work directed to be performed prior to the effective date of the termination for convenience,
terminate all existing subcontracts and purchase orders, and enter in to no further subcontracts and
purchase orders.
12.3.4 Determine the total amount due for services performed prior to the effective date of the termination
for convenience.
12.4 In the event of termination for convenience by the Owner, SEH D|B shall be entitled to receive payment for all
Work satisfactorily performed through the date of termination, including any Change Orders.
12.5 In the event of termination for cause prior to the expiration of the term of this Agreement or any Work Order,
Owner shall pay to SEH D|B the remaining amount due for the Work satisfactorily performed and all claims
shall be resolved as set forth in the applicable Work Order. Such payment shall be due within 30 days of
termination. Payments not received by the last day of the month shall be overdue and will accrue interest at a
rate of 1.5% per month or the maximum rate allowed by law whichever is less.
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13. ASSIGNMENT
Neither party shall assign this Agreement, nor any interest arising herein, nor any claims arising from or related to this
Agreement or the Project, without the written consent of the other party. Any assignment in violation of this provision
shall be null and void. Notwithstanding the above, SEH D|B reserves the right to assign its right(s) for payments due under
this Agreement to a bank, credit union or other lending institution or entity in return for immediate payments, financing of
work under this Agreement or other good and valuable consideration, and Owner hereby consents to such assignment.
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.
15. ENTIRE AGREEMENT
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 hereof. 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.
16. CONTROLLING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All parties to
this Agreement consent to and accept the personal jurisdiction of the State of Minnesota and agree that all claims, disputes
or litigation that arises from or relates to this Agreement shall be made in the State of Minnesota.
17. COPYRIGHT
SEH D|B shall defend actions or claims charging infringement of any copyright or patent by reason of the use or
adoption of any designs, drawings or specifications supplied by it for the Project, and it shall hold harmless the Owner
from loss or damage resulting there from for use of these documents for the Project. Owner shall not use any designs,
drawings or specifications supplied by SEH D|B for any other project without the express written consent of SEH D|B.
18. RECORDS
SEH D|B shall maintain complete and accurate records of time and expense involved in the performance of services.
SEH D|B agrees to maintain all data regarding the services, the Work and the Project pursuant to the Minnesota
Government Data Practices Act, Minnesota Statute Chapter 13.
19. BINDING EFFECT, THIRD PARTIES
Each of the provisions of the Contract Documents shall extend to and shall, as the case may require, bind or inure to the
benefit not only of the parties, but also for their respective successors, heirs or assigns, provided this clause shall not
permit any assignment by any party of the Contract Documents not otherwise permitted. The parties agree that the
Contract Documents are not intended by either party to give any benefits, rights, privileges, actions or remedies to any
person, partnership, firm or corporation (other than a party or its permitted assignee, or, to the extent applicable, any
Affiliates) as a third party beneficiary or otherwise under any theory of law.
20. WARRANTY
The projects identified in Section 1 of this Agreement, and the workmanship of the work tasks identified in Exhibit B of
the Appendix, are hereby warranted for the term of the maintenance contract, as specified in Exhibit C of the Appendix.
SEH D|B hereby warrants the Scope of Services identified in Exhibit B of the Appendix will be completed with reasonable
care and skill, such that the resultant applied coating system will perform satisfactorily for the duration of the Agreement.
SEHD|B shall obtain a manufacturer’s warranty on paint of at least ten years in a form acceptable to the Owner.
Page 6 of 7
Client Name
20.1 VANDALISM AND ACTS OF GOD – SEHD|B understands that vandalism and/or acts of God (unexpected
natural events) may occur on the Project. Corrective actions to correct the vandalism and/or act of Gods will
be installed and coated by SEH D|B Contractor. Review by SEH D|B includes a pre-installation meeting,
oversight of installation and post-installation meeting. SEH D|B shall be compensated in accordance with its
then current hourly rates and terms of this Agreement for such work as an additional service. Failure of Owner
to follow 20.1 will void the Warranty provided in Section 20.
21. MISCELLANEOUS
21.1 This Agreement states the integrated and complete Agreement between Owner and SEH D|B on this subject
and replaces any previous understandings, representations or communications, whether oral or written.
21.2 A party’s failure to exercise a right in one or many instances does not waive that right as to any later instance.
The course of conduct does not affect a modification or a waiver unless ratified in writing by the party to be
bound.
21.3 In the event of any litigation between the parties related to this Agreement or its breach, each party will be
responsible for its own attorney's fees together with expert's fees and other costs.
21.4 The section headings of this Agreement are included for purposes of convenience only and will not affect the
construction or interpretation of any provision.
21.5 All provisions of this Agreement allocating responsibility between the Owner and SEH D|B will survive the
completion of the Work or termination of this Agreement.
21.6 Any provision or part of this Agreement adjudicated to be void or unenforceable under any law will be deemed
deleted, such deletion to apply only with respect to the jurisdiction in which such adjudication is made, and all
remaining provisions will continue to be valid and binding upon the parties. The parties agree that this
Agreement will be reformed to replace the deleted provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the deleted provision.
21.7 In the hiring of employees or subcontractors to perform work under this Agreement, SEH D|B shall not
discriminate against any person by reason of any characteristic protected by state or federal law.
21.8 All notices and other communications under this Agreement must be in writing and must be addressed as
follows:
Notice to Owner: City of Orono, Minnesota
Attn: Adam Edwards
2750 Kelley Parkway
Orono, MN 55356
Notice to SEH D|B SEH Design|Build, Inc.
Attn: Steve Peterson, SEH D|B President
3535 Vadnais Center Drive
St. Paul, MN 55110
Page 7 of 7
Client Name
IN WITNESS WHEREOF, the parties hereto through their respective authorized representatives have executed this
Agreement as of the day and year first written above.
OWNER SEH DESIGN|BUILD, INC.
BY: BY:
Mr. Steven L. Peterson
President
SEH Design|Build, Inc.
BY:
Date: BY:
City of Orono, Minnesota
EXHIBIT A-1
SCHEDULE OF SERVICES
City of Orono, Minnesota
EXHIBIT B
SCOPE OF SERVICES
City of Orono, Minnesota
EXHIBIT B
SCOPE OF SERVICES
City of Orono, Minnesota
EXHIBIT C
COMPENSATION SCHEDULE
In return for the services scheduled in Exhibit A and rendered in Exhibit B, the Owner agrees to compensate SEH D|B in
accordance with the following schedule of payments. The first payment shall be invoiced upon completion of the work tasks
identified in 2020.
Each additional annual payment shall be invoiced on the anniversary date of the 1st year’s work completion.
The Project will be invoiced as per the selected contract term and payment option selected below. The owner shall indicate
their preferred contract term and payment options by initialing the appropriate box below.
Long-term maintenance contracts do not require payment and/or performance bonds. The prices identified above do not include the acquisition costs for these bonds.
Five-Year Extension
Payment Options
Ten-Year Extension
Payment Options
Variable
Payment Plan
Equal Annual
Payment Plan
Variable
Payment Plan
Equal Annual
Payment Plan
2020 $4,200 $18,450 $4,200 $21,500
2021 $4,200 $18,450 $4,200 $21,500
2022 $4,200 $18,450 $4,200 $21,500
2023 $4,200 $18,450 $4,200 $21,500
2024 $75,450 $18,450 $75,450 $21,500
2025 N/A N/A $5,250 $21,500
2026 N/A N/A $5,250 $21,500
2027 N/A N/A $5,250 $21,500
2028 N/A N/A $5,250 $21,500
2029 N/A N/A $101,750 $21,500
Totals: $92,250 $92,250 $215,000 $215,000
AGENDA ITEM
Prepared By: Reviewed By: DJR Approved By: DJR
1. Purpose. The purpose of this action item is to gain approval to accept a donations for Big Island Park
from Rick Carter and Todd Kemery
2. Background. The Big Island Legacy (BIL), a 501C3, has initiated a funding drive to provide
amenities to the ongoing Big Island Project. The group is soliciting for donation for picnic tables and
sitting stones with the intent of using remaining grant moneys to match. Donation drive summary from
BIL:
To all of our Big Island Park supporters,
The new park on Big Island is well underway. By next spring, we will have an extensive and fully
accessible trail system, a toilet, interpretative signage and barriers to motorized vehicles, valued
at over $400,000! As a result of the fundraising and project pricing to date, we have
approximately $28,000 of unused “match” from our State of MN DNR grant. We are soliciting
donations to be able to add some picnic tables and sitting stones to the park (see the drawings
and photographs below). The cost of each, based on our unit bid prices in the contract are:
Sitting stones $1325 each and Picnic tables $5000 each, including procurement and
installation. That means with the match, they would be $652.50 and $2500 respectively. The
picnic tables would be located up on the hill at the end of the new trail where the shelter had been
proposed (and we hope will be eventually). The sitting stones can be located in multiple
locations including a couple of overlooks, including three stones already donated and designated
for the Wayzata overlook near the north east corner of the park.
3. Donations Received.
a. Mr. Rick Carter donated $625 for a Sitting Stone
b. Mr. Todd Kemery donated $5000 for 2 ADA accessible Picnic Tables via the Big Island Legacy
4. Staff Recommendation. I recommend acceptance of the donation.
COUNCIL ACTION REQUESTED
Motion for accept the donations from Mr. Rick Carter and Mr. Todd Kemery for sitting stone and picnic
tables at the Big Island Park.
Item No.: 9 Date: August 24, 2020
Item Description: Approval to Accept Donations for Big Island Park
Presenter: Adam T. Edwards
Public Works Director/City Engineer
Agenda
Section:
Consent Agenda
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR
1. Purpose. To consider a sketch plan proposal that results in 4 single family lots.
2. Background. In March 2020, the City Council reviewed a proposal that resulted in 4 total lots;
two were new, and 2 were non-conforming as to lot area, and one lot non-conforming as to width.
The Council did not support creating non-conforming lots on a subdivision, and the applicant was
instructed to continue working on the proposal.
The applicant represents the individual owners of the parcels.
Over the last several months, the applicant and staff have worked on revisions to the proposal.
The applicant now promotes 4 total lots, all lots meet the minimum area requirement and all but
one lot is conforming to width.
*The Dry buildable calculation is predicated on the MCWD and City Council approval of the
proposal to reclaim 400 sq ft of the wetland.
**The portion of this lot north of the lagoon does not meet the width requirement.
Lot Analysis
2474 Carman, Tract A. This lot includes the existing structure. A portion of the proposed lot
extends north of the lagoon, to meet the minimum gross lot area. This lot does not meet the width
requirement, due to the configuration of the existing side lot lines. Due to the size of the portion
of the lot north of the lagoon, and the size and location of the wetland, there is not likely to be any
permit-able construction north of the lagoon.
2474 Carman, Tract B. The lot is a new lot, and meets the width (measured at the front yard
setback line) and has frontage on Shoreline Drive. The County will need to approve the driveway
location. This is not a lake lot. This lot proposes reclaiming 400 sq ft of wetland. This is
important because without the reclaimed wetland, about 5,000 sq ft of the lot is not contiguous,
and without it, the lot would not meet the minimum lot area requirement. The MCWD and the
City Council must approve wetland reclamation. The plans do show a conforming location for a
Required Proposed Required Proposed Required Proposed
Tract B North of Inlet (LR-
1C-1)21,780 26,301 21,780 21,780*100 125 Width Measured
at FSB
Tract A Mainly South of
Inlet (LR-1B)43,560 44,653 21,780 39,977 140 124
Lot 1 North of Inlet (LR-1C-
1)21,780 40,815 21,780 26,418 100 103
Lake Lot. Width
is measured at
OHWL and 75
Lot 2 Mainly South of Inlet
(LR-1B)43,560 57,118 21,780 44,349 140 155**
Width is
measured at the
south shore
Width
West Side (2474 Carman Street)
East Side (2480 Carman Street)
Lot Analysis Dry BuildableLot Area (Sq Ft)
Item No.: 10 Date: August 24, 2020
Item Description: LA20-000009 – Don Gamble o/b/o Scott Edwards and Kim A.
Edwards, 2474 and 2480 Carman Street, Revised Sketch Plan
Presenter: Jeremy Barnhart, AICP
Community Development Director
Agenda
Section:
Planning Department
Report
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR
building pad, though wetland buffer size will limit the pad site.
2480 Carman, Lot 1. This rectangular lot meets the area and width requirements of the zoning
district, and is a lake lot. The County will need to approve the driveway location. A portion of
the wetland and its buffer encroach onto the lot, but a buildable site is maintained.
2480 Carman, Lot 2. This lot currently includes the house on 2480 Carman, and sits at the
eastern end of the peninsula, with lagoon on two sides, and Lake Minnetonka (Carman Bay)
forming the third side. While the lot meets the area and width* requirements, this lot is
irregularly shaped, with a long skinny portion extending north of the lagoon, to Shoreline Drive.
This portion is necessary to get to the 1 acre dry-buildable requirement. The portion of the lot
north of the lagoon does not meet the width requirement.
Based on the revised plans, the primary questions for the Council include:
1. Is there interest in the reclamation of 400 sq ft of wetland (to support Tract B)?
2. Is there interest in maintaining the non-conforming lot width of Tract A?
3. Is there interest in the potentially nonconforming lot width for the finger of land north of
the lagoon (Lot 2)?
4. Is there general support for the lot layout as proposed?
A secondary question is the two proposed lots south of the inlet share a private driveway with a
3rd lot off of Carman, the city ordinances allow two properties to share a driveway. This proposal
does not increase nor improve this non-conformity.
3. Planning Commission Vote and Comment. On February 18th, the Planning Commission
reviewed the project, and provided feedback on the original plan, they have not reviewed the
revised plans. Previously, the Planning Commission noted the challenges with creating
conforming lots [due to the amount of land available], but did not support a waiver of the lot area
requirements.
4. Public Comment. To date, no comments have been received in support or opposition to the
request.
5. Staff Recommendation. Staff recommends the City Council provide feedback.
COUNCIL ACTION REQUESTED
Staff requests feedback. No formal action is requested.
Exhibits
A. Revised Annotated Plans
B. City Council minutes dated March 9, 2020
C. City Council staff report dated March 9, 2020
D. Comment Letter dated August 17, 2020
E. Original Plans
References
PC Staff Report & Exhibits 2-18-2020
CC Exhibits 3-9-2020
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 9, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 6
19. LA20-000009 – DON GAMBLE O/B/O RICHARD A AND KIM A EDWARDS, 2480 AND
2474 CARMAN STREET, SKETCH PLAN
Barnhart stated the sketch plan is a proposal to split two lots down the middle which exist on a shoreline.
This will create two lots north of the inlet and two lots south of the inlet. The applicant represents both
property owners for this purpose. The lot has two different zoning districts: the north lot requires a ½-acre
zone, and the area south is a minimum of 1 acre. The two lots north of the inlet conform to lot area and
lots width. The two lots south cannot meet the lot area requirements. In addition, the parcel to the west
cannot meet the lot width requirement. The project is predicated upon the Council’s support of some
waivers or variances to allow additional lots. Not a lot of work has been done because the City Council
historically has not supported additional density at the lakeshore.
Johnson, referencing the displayed aerial photograph, asked if the yellow line down the middle is the
existing property line,
Barnhart stated he was correct.
Barnhart indicated the Planning Commission reviewed the sketch plan and recognized the inherent
challenges with the amount of land but did not support a waiver.
Mr. Don Gamble, 10704 Water Lily Lane, Woodbury, said he grew up on Lake Minnetonka and knows
the lake very well. It is a unique property and situation. The south properties cannot be conforming
because they are not attached to other land; the north properties would be conforming if they were on
their own. Looking through a lot of the historical information on City planning and Navarre planning,
everyone has noticed the lots and said, “What a great opportunity.” But it is only a great opportunity if
they are on their own. He does not know what would happen to them if they could not be split off. He
indicated the south houses are nonconforming whether the north portions of the lot are there or not.
Walsh asked Mr. Gamble whether he represented the property owners.
Mr. Gamble said he does; he is a real estate developer/broker.
Mr. Gamble said the properties have been for sale at times and there are two different buyers: people that
want the houses or want the land; they don’t want both. He stated he talked to the City to see if they had
any interest in having commercial in the area. The City indicated they could not change zoning. He said
various Councils and community interests have thought about what to do and what can happen there.
Johnson stated the City Council does not have a history of making subdivisions to create nonconformity.
Mr. Gamble noted it was not creating a nonconformity.
Johnson said making four parcels instead of two does create nonconformity for two of the four.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 9, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 6
Seals asked if the property could be created into three parcels.
Mr. Gamble stated it is nonconforming the way it currently exists.
Johnson commented that it is lawfully nonconforming at this point and there are hardcover benefits.
Mr. Gamble said the property owners do not get the benefit of the land north of it to use as hardcover for
south calculations. The only calculations for the south hardcover are the houses that are there.
Barnhart, Walsh, and Seals stated he gets the benefit of the hardcover because it is gross for the lot.
Johnson said the big issue is the 75 feet from the lake because everything is a variance. The City Council
is more rigid on the hardcover within 75 feet.
Crosby noted the property owners are taking advantage of the hardcover because of the north land.
Walsh suggested a scenario where the two wooded lots became one lot which would conform and it is
1.2-1.3 acres and the other lots are individual lots. He asked if those lots stand on their own how much
hardcover they have, and whether that would make them nonconforming.
Barnhart stated it may. He did not do an analysis of the hardcover for the south lots. The two north lots
conform in area and width. The only way to make the south lots conforming is to combine them, although
he understands there are two dwelling units there.
Seals stated it is not that the City is not interested in commercial; however, the residents in the area would
be opposed to that.
Councilmembers discussed the zoning in the area which was ascertained to be residential.
Crosby stated the owners get the benefit of the hardcover from the land and they should have added it on
to 2414 and 2440 as their backyard.
Mr. Gamble commented that it is his job to maximize the use of the land in its current situation and asked
how he would do that.
Crosby and Mr. Gamble discussed whether the land to the north was helpful regarding hardcover for the
lots on the south.
Johnson stated there was a lot of hardcover on the 2474 address.
Mr. Gamble stated when it was surveyed, a hardcover survey was done.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 9, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 6
Johnson asked where the property line was for the survey.
Mr. Gamble said that for the north and south lots it is in the middle of the lagoon. He stated it was unique
that both owners are thinking about doing something. Neither of them are buyers; they are both sellers. It
seems unusual that something cannot happen to those pieces of property such as different zoning.
Walsh indicated the City would have to change zoning and density.
Mr. Gamble suggested keeping the zoning. He said the houses to the south are like all the neighbors’
houses -- smaller, nonconforming lots -- so it is not asking for a change.
Walsh noted there are a lot of neighborhoods similar to that: several small houses and a large house.
Crosby asked what the width of the two lots was.
Mr. Gamble said the Shoreline Drive is 125 feet. When you get to the 2480 address, it bumps out bigger.
Barnhart indicated 2474, north of the inlet, is about 136 feet; 2480, north of the inlet, is about 121 feet.
The requirement is 100 feet. For the west side property south of the inlet, it is 124 feet, and the width
requirement is 140 feet. On the east side, the measurement is 155 and the requirement is 140 feet.
Barnhart said he did not know how to measure something when it has three sides but it is something that
can be dug into.
Johnson, Walsh, and Seals said they did not see how the City had a path for Mr. Gamble to follow for a
subdivision.
Crosby noted that there would be hardcover issues on the south lots.
Rief said if there was a single buyer who would combine the lots, build one house on the peninsula and
then subdivide the top two, that would make it conforming.
Crosby noted the bottom two were the only ones in compliance currently.
Rief indicated if one owner was not willing to buy the other owner out, the scenario would not work.
Crosby added that the entrance would then need to come off of Shoreline Drive.
Mr. Gamble stated there is an entrance off of Shoreline Drive. The County put in curb cuts for the lots so
there is access.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 9, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 6
Walsh reiterated the City Council did not have a path for the applicant.
Mr. Gamble said he has read through hundreds of pages and listened to the City Council, and although it
is complex, there is usually a path if it makes sense. He asked what the path would be if there was one.
Walsh stated the path would be to give variances for all of the densities and change the zoning which is
something the City Council is not interested in doing. There is no rule that this situation fits in without
having to change all of the rules.
Mr. Gamble asked if this was a highly unique situation.
Johnson said there have been some very bizarre situations, which is why he knew hardcover could be
used regardless of where it is, because people take advantage of the hardcover as a whole. They apply it
to their area, the City does not allow them to subdivide it, and then a nonconforming situation is created.
Mr. Gamble noted if one of the issues with the south lots is that they are not a full acre, if he could add the
hardcover from the north land, then the only nonconforming part is the width.
Barnhart said that regardless of where you cut the line, the lots south of the inlet are not conforming due
to size and for one of them it is both size and width.
Crosby stated the 75-foot setback from the shoreline is also an issue.
Walsh indicated there are people on 3 acres in a 2-acre zone, every house is on ¼ of an acre and they want
to split them up. The City won’t let them because it has to be conforming.
Mr. Gamble said one of the owners had a question about 2470 and 2490.
Mr. Scott Edwards, 2474 Carman Street, said his neighbors to the west had three lots, combined the three
lots and redrew the lot lines to create two lots, and two new buildings were put on them in the past two
years. Both lots are not wide enough and are about .5-.6 acres. He asked why that was approved when it is
a bigger change.
Walsh said you have a right to build on a nonconforming lot; it is a question of what you have a right to
build on it.
Mr. Edwards noted there were three lots, now there are two, and there was a change; it wasn’t simply that
it was the same lot and a new house was put on it.
Councilmembers explained that the situation was made better.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 9, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 6
Johnson commented if the owner wanted to take two lots and make them into one, a conversation could
be had with the City Council.
Mr. Edwards said he does not understand how a house on 2490 could be approved that was not there
before.
Walsh stated the Council could not comment on something they have no knowledge about and that the
incident did not happen two years ago.
Mr. Edwards stated the buildings were two years ago but the approval process was probably in 2017. He
believes there is an additional house that was not there before on nonconforming lots that were not there
before. The density actually increased in the zoning area, which does not make sense to him.
Walsh and Crosby said the Council cannot comment on or answer for something another Council might
have done.
Walsh also indicated it is not the City Council's job to find a solution, only to give guidance.
Mr. Gamble asked if 2480 decides to go ahead, which meets the width requirement and it has a small area
that would have to change, could that be allowed.
Johnson told Mr. Gamble that he would need to present the facts.
Mr. Gamble said he submitted all of the information.
Walsh explained that basically Mr. Gamble was asking the City Council to approve a nonconforming lot
from a conforming lot. He does not think the Council has ever done that.
Barnhart explained that the discussion has been about the sketch plan, and the formal application would
be to apply for a variance and the applicant would have to prove practical difficulties. It would be
reviewed at a public hearing by the Planning Commission and Council. If the Council approves the
variance, he could submit his preliminary plat.
Crosby noted the applicant could not create his own practical difficulty.
Mr. Gamble asked if there was somewhere he could go at the City to see if a precedent has been set.
Barnhart stated Mr. Gamble would have to provide a data request for specific information and the City
would then provide that. That would be done with the City Clerk’s office.
Walsh commented that he would need to build his argument with similar situations that have occurred.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, March 9, 2020
6:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 6
Seals noted there were plenty of weird situations around the lake, depending on what you buy.
Mr. Gamble stated he understands these are the last two lots of people that used to own the farm. Zoning
changed along the way and somehow it got zoned separate. Obviously, there was an intention that the lots
be developed separately and in a different manner.
Crosby asked for the zoning on the lots.
Barnhart said that south of the inlet, it is zoned LR1B.
Walsh stated the wooded area is ½-acre.
Walsh reiterated if the applicant can build an argument that shows the Council that this needs a resolution
that shows a practical difficulty which makes sense, he would be supportive of it.
Mr. Gamble said it makes sense to make the attempt for the benefit of the City.
Seals stated it would be up to Mr. Gamble because that is why the property owners hired him.
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: Approved By:
1. Purpose. To consider a sketch plan proposal for a 4 lot single family residential subdivision.
2. Background. The applicant proposes to subdivide two existing parcels into 4 lots. Two of the
lots would be substandard by virtue of lot area, and two lots would be conforming.
Lot Analysis Area Required Width Required Conforming? Notes
West Side (2474 Carman
Street)
North of Inlet (LR-
1C-1)
0.93 .5 acre 136' 100' Yes Width is measured only
at lake, wetlands may
reduce lot area
South of Inlet (LR-
1B)
0.66 1 acre 124' 140' No, Lot area
and width
Width is measured only
at lake
East Side (2480 Carman
Street)
North of Inlet (LR-
1C-1)
1.02 .5 acre 121' 100' Yes Width is measured only
at lake
South of Inlet (LR-
1B)
0.64 1 acre 155' 140' No, Lot area Width is measured only
at lake
The two proposed lots south of the inlet are currently developed with single family homes. The
two proposed lots north of the inlet are undeveloped. Access to these lots would likely come via
a shared driveway off of Shoreline Drive. One of the lots contains a wetland, reducing the lot
area once verified. The attached Planning Commission staff report provides further detail on the
proposal.
The primary question for the Council regards their appetite for waiving the minimum standards
for the lots south of the inlet. Due to the land characteristics, the lots south of the inlet could not
be conforming unless they were combined. A secondary question is the two proposed lots south
of the inlet share a private driveway with a 3rd lot off of Carman, the city ordinances allow two
properties to share a driveway. This proposal does not increase nor improve this non-conformity.
3. Planning Commission Vote and Comment. On February 18th, the Planning Commission
reviewed the project, and provided feedback. The Planning Commission noted the challenges
with creating conforming lots [due to the amount of land available], but did not support a waiver
of the lot area requirements.
4. Public Comment. To date, no comments have been received in support or opposition to the
request.
5. Staff Recommendation. Staff recommends the City Council provide feedback.
COUNCIL ACTION REQUESTED
Staff requests feedback. No formal action is requested.
Item No.: Date: March 9, 2020
Item Description: #LA20-09, Don Gamble o/b/o Richard A and Kim A Edwards, 2480
and 2474 Carman Street, Sketch Plan
Presenter: Jeremy Barnhart, AICP
Community Development Director
Agenda
Section:
Planning Department
report
AGENDA ITEM
Prepared By: J. Barnhart Reviewed By: Approved By:
Exhibits
A. Plans
B. PC Staff report
C. PC Minutes - Draft
D. Applicants narrative
E. Comment Letter dated January 14, 2020.
F. Hennepin County Comments
References
PC Staff Report & Exhibits 2-18-2020
August 17, 2020
Don Gamble III VIA EMAIL
10704 Water Lily Lane Bgamble48@gmail.com
Woodbury, MN 55129
Re: Carman Street lot splits
File #20-000009
Mr. Gamble,
The City has received revised drawings showing proposed splits of 2474 and 2480 Carman Street. The City
understands that each lot is owned separately. Procedurally, we will process both together (one application,
public hearing, agenda item, comment letter, etc.) At the conclusion, however, each will be recorded separately.
I have plans sufficient to support a concept review by the City Council, as a follow up to their earlier review. Please
let me know if you would like this placed on the Council agenda for August 24th or September 14th. If you intended
on going to the Council on August 24, I need confirmation by Wednesday, August 19th.
Staff has identified the following comments applicable to these lot splits:
2474 Carman Street
1. The new lot north of the lagoon is not a lake lot, and it not eligible for a dock.
2. This lot is predicated on the MCWD approval of the reclaimed wetland, otherwise the lot does not appear
to be 21,780 sq ft of contiguous dry buildable area.
2480 Carman Street
1. The new lot north of the lagoon is considered a lake lot and will have access to a dock.
2. A portion of the wetland on 2474 Carman appears to encroach onto this lot. Any required buffer will likely
encroach on the new lot.
3. Please confirm the dry buildable land south of the lagoon, this needs to be at least 21,780 sq ft.
Both
1. The Council will have to support a waiver from the lot width requirement for the lots south of the lagoon.
2. The Watershed district will need to comment on any buffer, stormwater, or erosion control issues. Please
provide MCWD comment.
3. The county will need to approve access onto Shoreline. Please provide Hennepin County comment
4. Under current requirements, this project will require a conservation design plan. Included in this
document is the cataloging of substantial trees and identifying those that would be removed.
5. All lots will be served by municipal sewer and all costs associated are the responsibility of the subdivider.
6. Easements may be necessary over drainage and utility areas, access, etc.
7. Connection and other fees will be due at the time of final plat, and include the following:
Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions
on the above requirements.
Sincerely,
CITY OF ORONO
Jeremy Barnhart, AICP
Community Development Director
Per Lot fee x
Number
of New
lots =Total fee
Stormwater Truck Fee 3,025.00$ 2 6,050.00$
Sanitary sewer Connection 5,380.00$ 2 10,760.00$
SAC fees also due at time of
Permit
Park dedication 5,550.00$ 2 11,100.00$
Total Fees 27,910.00$