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HomeMy WebLinkAbout10-14-2024 CC Agenda PacketAgenda City Council Meeting Monday, October 14, 2024, 6:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /https://www.oronomn.gov/ 1. City Council Minutes 2. Work Session Schedule 3. Claims/Bills 4. Waste Hauler License 5. Rental License 6. Special Event Permit - Crystal Bay Park 7. Contract - Criminal Prosecution Services 8. Accept Donation - Resolution 7512 9. Purchase Police Vehicles 10. Capital Equipment Lease Approval 11. Replace Vehicle - Sewer Cleaning Truck 12. Final Pay Request - 2023 Street Improvement Project-Fox Street Project 21-040 13. Final Pay Request - 2024 Sanitary Sewer Improvement Project 24-014 14. Replace Sidewalk and Curb - City Hall 15. Repair Stormwater Drainage - Kenobi Pond 16. Compensation Increase for Police Cadets 17. Hire City Planner 18. LA24-000044, 1335 Briar St, Variances, Resolution No. 7515 19. LA24-000045, 3660 - 6th Ave N, IUP, Resolution No. 7516 20. Agreement - Sewer Line Relocation - 4215 Forest Lake Drive 24-043 21. Carman Bay Lake Improvement District Levy - Resolution 7513 22. LA24-000043, 1760 Shadywood Rd, Variances 23. Accept Donation - Resolution 7514 24. Fox Street Sewer Main Extension (24-044) Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda Finance Report Community Development Report Public Safety Report Attorney Report City Administrator/Engineer Report Sign up for email notifications at https://www.oronomn.gov/ 1 25. Council Committee Reports Council Committee Reports Public Comments - (limit 3 minutes per person) This is an opportunity for the public to address the City Council. 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. The council will first open the podium to city of Orono residents before opening the podium to any member of the public wishing to address the council. Mayor/Council Report Adjournment Upcoming Events Oct 21 Planning Commission Oct 23 Lunch w/Scotty B @ Gillespie Center Oct 23 Presentation - Mindfulness, Being Present in the Age of Distraction @ Gillespie Center Oct 28 City Council Nov 05 Election Day Nov 06 Presentation - Medicare Plan Options @ Gillespie Center Nov 08 Brunch - Veteran's Day Celebration @ Gillespie Center Nov 11 Veterans Day Nov 12 City Council Nov 18 Planning Commission Nov 24 Bingo @ Gillespie Center Nov 25 City Council Nov 29 Holiday Boutique Opens through Dec 8 @ Gillespie Center Dec 07 Tree Lighting Dec 09 City Council Dec 14 Brunch - A Cup of Christmas Tea reading @ Gillespie Center Dec 21 Pancake Breakfast - Meet Santa @ Gillespie Center Sign up for email notifications at https://www.oronomn.gov/ 2 Date: October 14, 2024 Item: 1 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: City Council Minutes 1.Purpose: The purpose of this item is to approve the City Council Work Session and Meeting Minutes. 2.Staff Recommendation: Approve the City Council work session and regular meeting minutes. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the City Council Work Session and Regular Meeting Minutes of September 23, 2024. Exhibits 09-23-2024 CC Minutes - work session 09-23-2024 CC Minutes 3 Minutes City Council Work Session Monday, September 23, 2024, 5:00 PM City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356 ROLL CALL City Council members present: Mayor Dennis Walsh, City Council Members Alisa Benson,Richard Crosby, Matt Johnson,Maria Veach. Staff present: City Administrator Adam Edwards, Public Works Superintendent DJ Goman, and City Clerk Christine Lusian. ACTIVITY AND SERVICE UPDATE -PUBLIC WORKS Public Works Superintendent DJ Goman presented brush site and clean up day service information, expenses, revenues, participation, and challenges. The group discussed the topics. Clean up day participation is increasing each year. Restraints at the brush site include space, time, budget, dumping, contaminated loads. Suggestions raised were to install a large billboard sign with accepted items and costs for residents to review as they drive in and allowing contractors to participate and pay high fees that subsidize the facility. ADJOURNMENT Work session ended at 5:50 p.m. ATTEST:CITY COUNCIL ________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 4 Minutes City Council Regular Meeting Monday, September 23, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 4 Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Dennis Walsh, City Council Members Matt Johnson,Alisa Benson, Richard Crosby III, and Maria Veach. Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance Director Maggie Jin,Fire Chief James Van Eyll,and Park Superintendent Taylor Zinnel. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA CONSENT AGENDA 1.City Council Minutes 2.Claims/Bills 3.Adopt 2025 Long Lake Fire Operating Budget 4.Amend Fund Balance Policy –Resolution 7509 This item was removed from the Consent Agenda. 5.Hire Part-time Fire Fighters This item was removed from the Consent Agenda 6.Special Detail Compensation for Police Officers 7.Compensation Increase for Public Works Fleet Mechanic 8.Pavement Maintenance –Repaint/Striping 9.Pavement Maintenance –Crack Sealing 10.Grant –Hackberry Park Athletic Fields –Resolution 7510 This item was removed from the Consent Agenda 11.Final Pay Request –Public Works Facilities Project 21-039 12.Final Pay Request –Navarre Parking Lot and Upper Golf Course Parking Lot Project 21-040 13.Award Contract –Park Lane Stormwater Improvement 24-044 Crosby moved, Johnson seconded, to approve the Agenda and Consent Agenda with Items 4, 5 and 10 removed. VOTE: Ayes 5, Nays 0. PRESENTATION 14.Prosecuting Attorney Presentation Steve Tallen, Prosecuting Attorney, gave an annual presentation on prosecution cases and his retirement plans. Currently the city is served by two different firms for legal representation and prosecution. He plans to work through 2025. 4. Amend Fund Balance Policy –Resolution 7509 This item was moved from the Consent Agenda 5 Minutes City Council Regular Meeting Monday, September 23, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 4 Finance Director Jin explained the recommendation for a policy amendment to reduce the City’s unassigned general fund balance from 50 percent to 40 percent of the fund’s annual operating budget which would still be more than recommended by the state auditor and in line what other cities have done, she said. Johnson moved, Crosby seconded, to adopt resolution 7509 amending the City’s fund balance policy. VOTE: Ayes 4, Nays 1 (Benson). 5.Hire Part-time Firefighters This item was moved from the Consent Agenda The City Council is requested to review the Staff report and discuss and approve the hiring of two new part-time firefighters and approve one resignation. Veach moved, Johnson seconded, to approve the conditional job offer to Sam Goecke and Doug Swerdfiger as part-time firefighters at a rate of $20 per hour beginning Sept. 24, 2024, and accept the resignation of firefighter Jackson. VOTE: Ayes 4, Nays 1 (Benson). 10.Grant –Hackberry Park Athletic Fields –Resolution 7510 This item was moved from the Consent Agenda The City is requesting a Hennepin County Youth Sports Grant in the amount of $300,000 for upgrades at Hackberry Park to grade and rebuild an existing ballfield and add another sports field. Veach moved,Johnson seconded, to adopt Resolution 7510 authorizing the grant application. VOTE: Ayes 4, Nays 1 (Benson). Park Supervisor Zinnel updated the Council on Parks activities. FINANCE REPORT 15.Adopt 2025 Preliminary General Fund Budget—Resolution 7508 The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the resolution adopting the Preliminary General Fund Budget. The Council discussed the item and asked questions of staff. Veach moved, Johnson seconded, to adopt Resolution 7508 adopting the 2025 Preliminary General Fund Budget. VOTE: Ayes 4, Nays 1 (Benson). 16.Adopt 2025 Preliminary Tax Levy –Resolution 7507 The City Council is requested to review the Staff report, receive a presentation, and discuss and adopt the resolution adopting the 2025 Preliminary Tax Levy at $9.631 million with the same tax rate as 2024. The Preliminary Tax Levy must be adopted by September 30. 6 Minutes City Council Regular Meeting Monday, September 23, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 4 The Council discussed the item and asked questions of staff. Veach moved, Crosby seconded, to adopt Resolution 7507 adopting the 2025 Preliminary Tax Levy. VOTE: Ayes 4, Nays 1 (Benson). PUBLIC SAFETY REPORT 17.Fire Vehicle Purchase –Brush Medical Utility The City Council is requested to review the Staff report, receive a presentation, and discuss and approve ordering a second brush medical utility vehicle for a total of 406,03 to be leased for availability by October 2025. The Council discussed the item and asked questions of staff. Veach moved, Crosby seconded, to approve ordering the brush medical utility vehicle. VOTE: Ayes 4, Nays 1 (Benson). Fire Chief Van Eyll reported on calls and incidents from August 24 to September 18 and other community engagement and staffing and equipment status. CITY ATTORNEY REPORT Attorney Mattick had no report. CITY ADMINISTRATOR/ENGINEER REPORT 18.Work Session Schedule City Administrator Edwards said there are no changes to the work session schedule. Johnson moved, Crosby seconded, to approve the work session schedule. VOTE: Ayes 5, Nays 0. COUNCIL COMMITTEE REPORTS 19.Human Resources Committee Report Benson reported on the Human Resources Committee meeting. PUBLIC COMMENTS Janie Delaney, 1315 Woodhill Ave; Kelly Grady 271 Greenhill Lane, Long Lake; Shea Chwialkowski, 6809 Lyndale Ave; and Brad Erickson, Corcoran,provided comments. MAYOR/COUNCIL REPORT Mayor and Council provided reports. 7 Minutes City Council Regular Meeting Monday, September 23, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 4 of 4 ADJOURNMENT Walsh moved, Crosby seconded, to adjourn the meeting at 7:52 p.m.to Monday, October 14, 2024 at 6:00 p.m.VOTE: Ayes 5, Nays 0. ATTEST: ____________________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor Minutes approved by Orono City Council October 14, 2024. Meeting videos and transcripts available at oronomn.gov. 8 Date: October 14, 2024 Item: 2 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Title: Work Session Schedule 1.Purpose: The purpose of the action item is to forecast future work session agendas. 2. 2024 2025 Date Subject Date Subject 8 Jul 13 Jan Annual Appointments 22 Jul General Fund Budget Update 27 Jan Average Lakeshore set back (Part 6) 12 Aug Average Lakeshore Setback (Part 5) Cannabis Discussion 10 Feb 26 Aug Enterprise Budget Update 24 Feb Interview Commissioner Applicants (Parks/Planning)-- if needed 9 Sep Preliminary Levy / Budget 10 Mar 23 Sep Public Works service activities update (Brush compost, cleanup day...) 14 Apr Street Maintenance 2026 14 Oct Draft Capital Improvement Plans 28 Apr 28 Oct Draft Capital Improvement Plans 12 May 12 Nov Park and Planning Commissioner interviews Public Safety Departments Updates (Goals, Metrics) 26 May 25 Nov City Tree Plan Development Update Fee Schedule Update 9 Jun 9 Dec Council Vision and Goal Setting 23 Jun Preliminary Budget Guidance 2026 Background: This is an opportunity for council members to propose and agree to future work session topics. Work session meetings are at 5 pm on the same days as 6 pm regular council meetings. The table below lists upcoming proposed subjects and dates. 3.Staff Recommendation: I recommend the next work session occur as scheduled. AGENDA ITEM 9 COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. 10 Date: October 14, 2024 Item: 3 Presenter: Alicia Johnson, Resource Management Technician Section: Consent Agenda Title: Claims/Bills 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 124422 to 124560 and ACH transactions 20130547 to 20130559 totaling $780,489.78. 3.Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits Check Register 2024-10-14 11 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AIRDATA UAV INC 09/24/2024 124422 219936-2024 101-42110-319 UAV LICENSING/AIRDATA SUBSCRIPTION Police Department 720.00 Total 124422:720.00 BRIDGEWATER BANK- PETTY C 09/24/2024 124423 09.20.2024 C 101-10300 CASH FOR REGISTER 27.50 Total 124423:27.50 DAVID MICHAEL HALL 09/24/2024 124424 09.13.24 & 0 101-43280-319 MUTUAL POLICE AID Special Services 1,440.00 Total 124424:1,440.00 JUSTIN D HANSON 09/24/2024 124425 9.14.24 MUT 101-43280-319 MUTUAL POLICE AID Special Services 720.00 Total 124425:720.00 LEAGUE OF MINNESOTA CITIE 09/24/2024 124426 9126 703-49960-379 IRRIGATION LINE - CLAIM 366763 1,790.00 Total 124426:1,790.00 METLIFE SMALL BUSINESS CE 09/24/2024 124427 10.2024 101-21709 DENTAL INSURANCE 10/24 2,757.21 Total 124427:2,757.21 MINNESOTA STATE FIRE CHIEF 09/24/2024 124428 8057 101-42260-437 CHIEF'S CONFERENCE Fire Protection Services 390.00 Total 124428:390.00 MRI SOFTWARE LLC 09/24/2024 124429 MRIUS20940 101-42260-319 BACKGROUND CHECK Fire Protection Services 325.30 Total 124429:325.30 POWERDMS INC 09/24/2024 124430 INV-57034 101-42110-311 POWERDMS/TIME SUBSCRIPTION Police Department 10,560.78 Total 124430:10,560.78 SECOND NATURE GRAPHICS 09/24/2024 124431 495 101-41900-201 CITY ENVELOPES W/WINDOW Central Services 468.50 SECOND NATURE GRAPHICS 09/24/2024 124431 495 101-41900-201 BUSINESS CARDS - POST, ZINNEL, GUIMONT Central Services 193.00 12 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124431:661.50 VERIZON WIRELESS 09/24/2024 124432 9973559430 101-41900-321 VERIZON BILL/ARLO CAMERAS Central Services 280.07 Total 124432:280.07 ALPHA TRAINING & TACTICS LL 10/01/2024 124433 2024-0240 437-39630 BODY BUNKERS X2/OUF 5,815.00 Total 124433:5,815.00 BEAUDRY OIL & SERVICE INC 10/01/2024 124434 2717500 701-49800-212 UNLEADED FUEL Fleet Services 6,481.43 Total 124434:6,481.43 CARGILL, INCORPORATED 10/01/2024 124435 2910013187 601-49400-216 SOFTENER SALT FOR WTR PLANT Water 6,697.62 Total 124435:6,697.62 CENTURYLINK 10/01/2024 124436 10.2024 GC 613-49830-321 GC PHONE/INTERNET Golf Course 177.45 Total 124436:177.45 ENDE SEPTIC SERVICE 10/01/2024 124437 2610091124 602-49450-406 PUMP TRUCK FOR LS#5 REMODEL Sewer 1,375.00 Total 124437:1,375.00 FACTORY MOTOR PARTS 10/01/2024 124438 1-10074849 701-49800-222 VEHICLE PARTS Fleet Services 108.64 FACTORY MOTOR PARTS 10/01/2024 124438 1-10076307 701-49800-213 GEAR OIL Fleet Services 149.47 FACTORY MOTOR PARTS 10/01/2024 124438 70-569588 701-49800-222 VEHICLE PARTS Fleet Services 94.85 FACTORY MOTOR PARTS 10/01/2024 124438 70-569673 701-49800-222 VEHICLE PARTS Fleet Services 58.42 FACTORY MOTOR PARTS 10/01/2024 124438 70-569713 701-49800-215 SHOP SUPPLIES Fleet Services 57.36 FACTORY MOTOR PARTS 10/01/2024 124438 GV12080823 701-49800-222 VEHCILE PARTS Fleet Services 42.00- Total 124438:426.74 FAST SIGNS 10/01/2024 124439 100-100946 101-42260-226 PAR TAGS, NAME PLATES Fire Protection Services 150.66 Total 124439:150.66 13 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount FLOCK GROUP INC 10/01/2024 124440 INV-47924 101-42110-319 LPR CAMERAS 24/25 (FLEX)Police Department 3,000.00 Total 124440:3,000.00 GENUINE PARTS COMPANY/NA 10/01/2024 124441 606177 701-49800-222 VEHICLE PARTS - MRAP Fleet Services 306.81 GENUINE PARTS COMPANY/NA 10/01/2024 124441 606975 701-49800-222 VEHICLE PARTS - SQUAD Fleet Services 401.72 Total 124441:708.53 HAYDEN HAMMEL 10/01/2024 124442 09.2024 OVE 999-10015 UB REFUND - 605 PARK LANE - HAMMEL 380.64 Total 124442:380.64 KIESLER POLICE SUPPLY 10/01/2024 124443 IN246633 101-42110-440 2025 GLOCK RAIL LIGHTS Police Department 4,858.70 Total 124443:4,858.70 MARK ENGER 10/01/2024 124444 LA24-000036 101-22205 ESCROW REFUND - LA24-000036 - 2697 CASCO 700.00 Total 124444:700.00 MARTIN MARIETTA MATERIALS 10/01/2024 124445 43692351 101-43000-224 PATCHING Public Works Department 154.56 MARTIN MARIETTA MATERIALS 10/01/2024 124445 43707488 101-43000-224 PATCHING Public Works Department 190.05 Total 124445:344.61 NAVARRE HARDWARE 10/01/2024 124446 347930 440-48975-530 STATION 2 REMODEL Navarre Station Improvement 147.86 Total 124446:147.86 PLUNKETT'S 10/01/2024 124447 8772190 101-41900-404 CITY HALL PEST CONTROL Central Services 271.71 Total 124447:271.71 PUMP AND METER SERVICE IN 10/01/2024 124448 1013539 701-49800-403 PUMP FUEL MASTER FROM OLD BUILDING TO Fleet Services 1,727.26 Total 124448:1,727.26 QUALITY FLOW SYSTEMS INC 10/01/2024 124449 47637 602-16500 LS#5 REMODEL 20,200.00 QUALITY FLOW SYSTEMS INC 10/01/2024 124449 47638 602-16500 LS#28 REMODEL 50,484.00 14 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124449:70,684.00 SiteOne Landscape Supply LLC 10/01/2024 124450 146490612-0 613-49830-216 CHEMICALS Golf Course 97.25 Total 124450:97.25 TOLL GAS & WELDING SUPPLY 10/01/2024 124451 0010583860 701-49800-215 OXYGEN ACETYLENE TANKS Fleet Services 129.97 Total 124451:129.97 VALLEY RICH CO 10/01/2024 124452 33749 602-49450-406 FORCE MAIN BREAK 1376 N ARM Sewer 7,673.25 Total 124452:7,673.25 WESTSIDE WHOLESALE TIRE 10/01/2024 124453 951240 701-49800-403 429 LOADER TIRE REPAIR Fleet Services 163.34 Total 124453:163.34 XCEL ENERGY 10/01/2024 124454 895110073 101-41900-381 PW BUILDING ELECTRICITY 8/18-9/17/24 Central Services 1,879.34 Total 124454:1,879.34 ZAYO GROUP LLC 10/01/2024 124455 20903648 613-49830-321 PHONE SERVICE 09/23/24-10/22/24 Golf Course 132.92 ZAYO GROUP LLC 10/01/2024 124455 20903648 101-42110-321 PHONE SERVICE 09/23/24-10/22/24 Police Department 231.42 ZAYO GROUP LLC 10/01/2024 124455 20903648 101-41900-321 PHONE SERVICE 09/23/24-10/22/24 Central Services 233.97 ZAYO GROUP LLC 10/01/2024 124455 20903648 601-49400-321 PHONE SERVICE 09/23/24-10/22/24 Water 118.19 ZAYO GROUP LLC 10/01/2024 124455 20903648 602-49450-321 PHONE SERVICE 09/23/24-10/22/24 Sewer 115.73 Total 124455:832.23 POOL, BRODY 10/08/2024 124456 9.19.24 payr 101-21600 9.19.24 PAYROLL 50.00 Total 124456:50.00 ACROSS THE STREET PRODU 10/14/2024 124457 26347 101-42260-437 BLUECARD TRAINING FOR SAM G Fire Protection Services 385.00 Total 124457:385.00 APPLIED CONCEPTS INC 10/14/2024 124458 S306070 101-42110-240 NEW EQUIMPMENT/LIDAR Police Department 2,517.95 15 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124458:2,517.95 ARC DOCUMENT SOLUTIONS L 10/14/2024 124459 54MNI90709 101-41900-352 OVERSIZED COPIES (PAID BY RESIDENT)Central Services 248.85 Total 124459:248.85 AT&T MOBILTY 10/14/2024 124460 2873263270 101-41900-321 MOBILE SERVICE/AT&T Central Services 1,901.84 AT&T MOBILTY 10/14/2024 124460 2873263283 101-42400-321 AT&T BILL 08/26/24-9/25/24 Building & Zoning 166.14 AT&T MOBILTY 10/14/2024 124460 2873263283 101-45200-321 AT&T BILL 08/26/24-9/25/24 Parks 76.46 AT&T MOBILTY 10/14/2024 124460 2873263283 613-49830-321 AT&T BILL 08/26/24-9/25/24 Golf Course 121.30 AT&T MOBILTY 10/14/2024 124460 2873263283 101-43000-321 AT&T BILL 08/26/24-9/25/24 Public Works Department 350.68 AT&T MOBILTY 10/14/2024 124460 2873263283 101-41900-321 AT&T BILL 08/26/24-9/25/24 Central Services 241.03 AT&T MOBILTY 10/14/2024 124460 2873263283 601-49400-321 AT&T BILL 08/26/24-9/25/24 Water 121.30 AT&T MOBILTY 10/14/2024 124460 2873263283 602-49450-321 AT&T BILL 08/26/24-9/25/24 Sewer 121.30 AT&T MOBILTY 10/14/2024 124460 2873263283 101-43100-321 AT&T BILL 08/26/24-9/25/24 Brush Site 76.46 AT&T MOBILTY 10/14/2024 124460 2873432947 101-42260-321 AT&T BILL 08.26-09.25.2024 Fire Protection Services 267.61 Total 124460:3,444.12 BATTERIES PLUS 10/14/2024 124461 P76084811 602-49450-227 LS#22 BATTERY Sewer 40.30 Total 124461:40.30 BEAUDRY OIL & SERVICE INC 10/14/2024 124462 2734536 701-49800-212 UNLEADED FUEL Fleet Services 5,574.03 BEAUDRY OIL & SERVICE INC 10/14/2024 124462 2734537 701-49800-212 DIESEL FUEL Fleet Services 3,007.45 Total 124462:8,581.48 BIFFS INC 10/14/2024 124463 INV219604 101-45200-415 BIFF RENTAL-BEDERWOOD PARK Parks 257.00 BIFFS INC 10/14/2024 124463 INV219605 101-45200-415 BIFF RENTAL-SUMMIT BEACH Parks 166.00 BIFFS INC 10/14/2024 124463 INV219606 101-45200-415 BIFF RENTAL-HACKBERRY PARK Parks 182.00 BIFFS INC 10/14/2024 124463 INV219607 613-49830-415 BIFF RENTAL-GOLF COURSE Golf Course 91.00 BIFFS INC 10/14/2024 124463 INV219608 101-45200-415 BIFF RENTAL-CRYSTAL BAY PLAYGROUND Parks 91.00 BIFFS INC 10/14/2024 124463 INV219609 101-45200-415 BIFF RENTAL-NAVARRE PLAYGROUND Parks 166.00 BIFFS INC 10/14/2024 124463 INV219610 101-45200-415 BIFF RENTAL-LURTON PARK Parks 91.00 BIFFS INC 10/14/2024 124463 INV219611 101-43100-415 BIFF RENTAL-BRUSH SITE Brush Site 91.00 Total 124463:1,135.00 16 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BITUMINOUS ROADWAYS INC 10/14/2024 124464 OC1127613 435-20600 23-001 2023 STREET IMPROVEMENT PROJECT 2,579.25 BITUMINOUS ROADWAYS INC 10/14/2024 124464 OC1127613 435-48978-590 23-001 2023 STREET IMPROVEMENT PROJECT 417.00 Total 124464:2,996.25 BOLTON & MENK INC.10/14/2024 124465 0345255 440-48970-304 21-039 PW FACILITY CONSTRUCTION Public Works Building 491.00 BOLTON & MENK INC.10/14/2024 124465 0345292 710-49970-575 24-036 ARCGIS ONLINE UPGRADE PROJECT IT Services 1,375.50 BOLTON & MENK INC.10/14/2024 124465 0346268 601-16500 23-022 NORTH WATERPLANT UPDGRADES 6,016.50 BOLTON & MENK INC.10/14/2024 124465 0347031 408-48800-590 21-040 NAVARRE PARKING LOT 203.00 BOLTON & MENK INC.10/14/2024 124465 0347032 602-16500 24-014 SANITARY SEWER REHAB (CIPP)824.00 BOLTON & MENK INC.10/14/2024 124465 0347033 101-43280-304 LA21-000037 ORCHARD CREEK Special Services 149.00 BOLTON & MENK INC.10/14/2024 124465 0347034 101-43280-304 LA21-000036 ORONO CROSSINGS Special Services 376.00 BOLTON & MENK INC.10/14/2024 124465 0347036 101-43280-304 LA24-000030 HONEY HILL Special Services 2,300.00 BOLTON & MENK INC.10/14/2024 124465 0347039 602-49450-305 GIS MAINTENANCE SEWER Sewer 1,061.50 BOLTON & MENK INC.10/14/2024 124465 0347039 601-49400-305 GIS MAINTENANCE WATER Water 1,986.00 BOLTON & MENK INC.10/14/2024 124465 0347039 651-49910-305 GIS MAINTENANCE STORM SEWER Storm Water 760.50 BOLTON & MENK INC.10/14/2024 124465 0347039 101-45200-305 GIS MAINTENANCE PARKS Parks 171.00 BOLTON & MENK INC.10/14/2024 124465 0347039 101-42400-305 GIS FOR CDD Building & Zoning 171.00 BOLTON & MENK INC.10/14/2024 124465 0347039 101-43170-305 GIS MAINTENANCE GENERAL Engineering 709.50 BOLTON & MENK INC.10/14/2024 124465 0347040 234-45680-304 24-026 LURTON PARK PARKING LOT Parks-Lurton Park 368.00 BOLTON & MENK INC.10/14/2024 124465 0347041 651-16500 24-045 PARK LANE STORMWATER IMPROVEME 3,981.00 BOLTON & MENK INC.10/14/2024 124465 0347041 101-43170-304 MISC ENGINEERING Engineering 322.50 BOLTON & MENK INC.10/14/2024 124465 0347042 435-48978-304 24-001 2024 STREETS IMPROVEMENTS PROJE 3,400.50 BOLTON & MENK INC.10/14/2024 124465 0347043 435-48979-304 25-001 2025 STREETS IMPROVEMENT 975.00 Total 124465:25,641.50 Bratt Tree Company 10/14/2024 124466 15510 101-43000-405 TREE REMOVAL IN ROW TASK 87519 Public Works Department 4,750.00 Total 124466:4,750.00 BUREAU OF CRIM. APPREHEN 10/14/2024 124467 0000082342 101-42110-311 CJDN ACCESS FEE Police Department 2,040.00 Total 124467:2,040.00 CECE'SIGNS INC 10/14/2024 124468 9672 415-42260-580 GRAPHICS FOR E1 115.09 CECE'SIGNS INC 10/14/2024 124468 9679 415-42260-580 GRAPHICS FOR L1 118.00 Total 124468:233.09 17 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 602-49450-381 GAS SERVICE 1377 VINE PL 8/21/24-9/23/24 Sewer 21.23 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 602-49450-381 GAS SERVICE 1106 LOMA LINDA GENERATOR 8/Sewer 23.29 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 101-43000-381 GAS SERVICE 8/20/24-09/20/24 - PW Public Works Department 76.83 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 601-49400-381 GAS SERVICE 8/20/24-09/20/24 - PW Water 12.82 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 602-49450-381 GAS SERVICE 8/20/24-09/20/24 - PW Sewer 38.41 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 101-42110-381 GAS SERVICE 8/20/24-9/20/24 Police Department 54.20 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 101-41900-381 GAS SERVICE 8/20/24-9/20/24 Central Services 66.25 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 601-49400-381 GAS SERVICE 8/20/24-9/20/24 Water 534.32 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 602-49450-381 GAS SERVICE 8/20/24-9/20/24 Sewer 513.69 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 101-42260-381 GAS SERVICE 8/20/24-9/20/24 Fire Protection Services 102.22 CENTERPOINT ENERGY MAIN 10/14/2024 124469 10.2024 613-49830-381 GAS SERVICE 8/20/24-9/20/24 Golf Course 33.46 Total 124469:1,476.72 CHARLIE'S AUTO BODY 10/14/2024 124470 09302024 P 703-49960-379 BODY REPAIR UNIT 709 - HYDRANT 5,314.05 Total 124470:5,314.05 CITY OF LINO LAKES 10/14/2024 124471 0001486 101-42260-489 LEASING FOR TANKER Fire Protection Services 2,000.00 Total 124471:2,000.00 CITY OF LONG LAKE 10/14/2024 124472 09.2024 SEP 602-49450-387 SEPTEMBER 2024 SEWER Sewer 3,658.30 CITY OF LONG LAKE 10/14/2024 124472 09.2024 SEP 601-49400-387 SEPTEMBER 2024 WATER Water 2,622.99 CITY OF LONG LAKE 10/14/2024 124472 20240032 101-42260-318 4TH QTR 2024 FIRE SERVICE Fire Protection Services 148,451.50 Total 124472:154,732.79 City of Orono Utilities 10/14/2024 124473 09.2024 234 601-49400-382 09.2024 UB WTP Water 159.72 City of Orono Utilities 10/14/2024 124473 09.2024 265 613-49830-382 09.2024 GC Golf Course 74.27 City of Orono Utilities 10/14/2024 124473 09.2024 FIR 101-42260-382 09.2024 NORTH TEMP FIRE Fire Protection Services 129.72 City of Orono Utilities 10/14/2024 124473 09.2024 PW 101-41900-382 09.2024 PW Central Services 112.30 City of Orono Utilities 10/14/2024 124473 09.2024 PW 601-49400-382 09.2024 PW Water 112.30 City of Orono Utilities 10/14/2024 124473 09.2024 PW 602-49450-382 09.2024 PW Sewer 112.30 City of Orono Utilities 10/14/2024 124473 09.2024 PW 651-49910-382 09.2024 PW Storm Water 112.29 City of Orono Utilities 10/14/2024 124473 09.2024 USP 101-41900-382 09.2024 PO Central Services 87.94 City of Orono Utilities 10/14/2024 124473 09.2027 CH&101-41900-382 09.2024 CH Central Services 188.89 City of Orono Utilities 10/14/2024 124473 09.2027 CH&101-42110-382 09.2024 PD Police Department 188.89 18 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124473:1,278.62 CITY OF WAYZATA 10/14/2024 124474 09.2024 SE 602-49450-387 SEPTEMBER 2024 SEWER Sewer 8,597.40 CITY OF WAYZATA 10/14/2024 124474 09.2024 SE 601-49400-387 SEPTEMBER 2024 WATER Water 4,346.70 Total 124474:12,944.10 CIVICPLUS LLC 10/14/2024 124475 319101 614-49840-329 CIVICPLUS ADMIN FEE Cable Franchise 275.00 Total 124475:275.00 DAHLHEIMER BEVERAGE MON 10/14/2024 124476 2288691 613-49830-091 ALCOHOL Golf Course 227.40 DAHLHEIMER BEVERAGE MON 10/14/2024 124476 2288691 613-49830-094 CONCESSIONS Golf Course 102.50 DAHLHEIMER BEVERAGE MON 10/14/2024 124476 2300417 613-49830-091 ALCOHOL Golf Course 481.60 DAHLHEIMER BEVERAGE MON 10/14/2024 124476 2300417 613-49830-094 CONCESSIONS Golf Course 71.20 Total 124476:882.70 DAVID & CAROL NARUM 10/14/2024 124477 1000 COX F 999-10015 UB REFUND - 1000 COX FARM RD - NARUM 4.91 Total 124477:4.91 DITTER INC.10/14/2024 124478 i20782 101-42110-404 FALL FURNACE MAINTENANCE Police Department 2,097.93 DITTER INC.10/14/2024 124478 i20783 101-41900-404 ANNUAL SERVICE ON FURNACES Central Services 1,875.97 DITTER INC.10/14/2024 124478 i20922 101-41900-404 FALL FURNACE MAINTENANCE Central Services 100.00 Total 124478:4,073.90 EARL F ANDERSEN & ASSOC 10/14/2024 124479 0137441-IN 602-49450-227 TRAFFIC CONES Sewer 548.95 EARL F ANDERSEN & ASSOC 10/14/2024 124479 0137451-IN 101-43000-224 SIGNS Public Works Department 1,406.25 Total 124479:1,955.20 ECM PUBLISHERS INC 10/14/2024 124480 1018313 101-42400-352 PH FOR B&Z Building & Zoning 122.00 ECM PUBLISHERS INC 10/14/2024 124480 1019092 613-49830-340 ADVERTISING Golf Course 435.00 Total 124480:557.00 ELIZABETH FLYNN-FERRY 10/14/2024 124481 LA24-000037 101-22205 ESCROW REFUND - LA24-000037 700.00 19 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ELIZABETH FLYNN-FERRY 10/14/2024 124481 LA24-000037 999-10016 LEGAL CONSULTING 9/2024 72.50- Total 124481:627.50 ESS BROTHERS & SONS 10/14/2024 124482 EE7726 101-43000-224 TASK 87829 GRATE FOR MANHOLE 1252 Public Works Department 413.00 Total 124482:413.00 FACTORY MOTOR PARTS 10/14/2024 124483 70-570157 701-49800-215 SHOP SUPPLIES Fleet Services 83.47 Total 124483:83.47 FIRE SAFETY USA INC 10/14/2024 124484 192009 440-48960-530 SCBA BRACKETS Temporary North Fire Station 199.20 FIRE SAFETY USA INC 10/14/2024 124484 192014 440-48960-530 SCBA BOTTLE HOLDER Temporary North Fire Station 173.70 Total 124484:372.90 G&H Distributing & Supply Inc 10/14/2024 124485 00181121 701-49800-221 SKID LOADER GRAPPLE BUCKET HOSE Fleet Services 43.16 Total 124485:43.16 GENUINE PARTS COMPANY/NA 10/14/2024 124486 606494 701-49800-215 SHOP SUPPLIES Fleet Services 85.00 GENUINE PARTS COMPANY/NA 10/14/2024 124486 607581 701-49800-215 SHOP SUPPLIES Fleet Services 35.96 GENUINE PARTS COMPANY/NA 10/14/2024 124486 607589 701-49800-222 PD PARTS Fleet Services 26.98 GENUINE PARTS COMPANY/NA 10/14/2024 124486 607792 701-49800-215 SHOP SUPPLIES Fleet Services 14.98 GENUINE PARTS COMPANY/NA 10/14/2024 124486 607844 701-49800-221 EQUIPMENT PARTS Fleet Services 185.13 GENUINE PARTS COMPANY/NA 10/14/2024 124486 608351 701-49800-222 VEHICLE PARTS Fleet Services 11.99 Total 124486:360.04 GOPHER ACE 10/14/2024 124487 022027/1 701-49800-215 SUPPLIES FOR SHOP Fleet Services 9.99 GOPHER ACE 10/14/2024 124487 022028/1 101-43000-226 CONCRETE MIX Public Works Department 7.59 GOPHER ACE 10/14/2024 124487 022036/1 701-49800-215 SHOP VAC FILTERS Fleet Services 39.99 GOPHER ACE 10/14/2024 124487 022038/1 101-45200-221 PARK SUPPLIES Parks 33.99 GOPHER ACE 10/14/2024 124487 022039/1 701-49800-215 NUTS AND BOLTS Fleet Services 17.68 GOPHER ACE 10/14/2024 124487 022046/1 101-45200-221 PARK SUPPLIES Parks 9.99 GOPHER ACE 10/14/2024 124487 022049/1 101-43000-224 DUCT TAPE Public Works Department 11.99 GOPHER ACE 10/14/2024 124487 022053/1 701-49800-215 NUTS AND BOLTS Fleet Services 3.79 GOPHER ACE 10/14/2024 124487 022104/1 613-49830-221 PARTS Golf Course 16.23 GOPHER ACE 10/14/2024 124487 022125/1 101-45200-404 INSECT SPRAY Parks 17.99 20 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 10/14/2024 124487 022148/1 101-45200-221 PARK SUPPLIES Parks 6.99 GOPHER ACE 10/14/2024 124487 022180/1 101-42260-215 SUPPLIES FOR MOUNTING DISPLAY Fire Protection Services 44.99 GOPHER ACE 10/14/2024 124487 022182/1 613-49830-221 PULL CORD ROPE Golf Course 16.99 GOPHER ACE 10/14/2024 124487 022183/1 701-49800-215 SUPPLIES FOR SHOP Fleet Services 15.58 GOPHER ACE 10/14/2024 124487 022196/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 30.97 GOPHER ACE 10/14/2024 124487 022198/1 101-45200-221 PARK SUPPLIES Parks 4.99 GOPHER ACE 10/14/2024 124487 022244/1 101-43000-224 TAPE Public Works Department 34.97 GOPHER ACE 10/14/2024 124487 022249/1 440-48960-530 SUPPLIES FOR BUILDING Temporary North Fire Station 345.14 GOPHER ACE 10/14/2024 124487 022264/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 8.59 GOPHER ACE 10/14/2024 124487 022291/1 101-42260-201 SUPPLIES FOR OFFICE Fire Protection Services 33.74 GOPHER ACE 10/14/2024 124487 22059/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 60.36 GOPHER ACE 10/14/2024 124487 22121/1 602-49450-227 VACTOR TUBE FOR THE TOOLS Sewer 23.98 GOPHER ACE 10/14/2024 124487 22124/1 701-49800-215 SHOP SUPPLIES Fleet Services 7.16 GOPHER ACE 10/14/2024 124487 22136/1 101-42260-228 TRAINING SUPPLIES Fire Protection Services 86.96 GOPHER ACE 10/14/2024 124487 22147/1 701-49800-215 SHOP SUPPLIES Fleet Services 28.99 GOPHER ACE 10/14/2024 124487 22160/1 101-42260-215 SUPPLIES FOR SHOP Fire Protection Services 84.12 GOPHER ACE 10/14/2024 124487 22212/1 101-45200-221 PARK SUPPLIES Parks 61.06 GOPHER ACE 10/14/2024 124487 348084 602-49450-227 POS SUPPLIES Sewer 21.99 Total 124487:1,086.80 GOPHER STATE ONE CALL 10/14/2024 124488 4090661 602-49450-406 LOCATES - SEWER Sewer 220.72 GOPHER STATE ONE CALL 10/14/2024 124488 4090661 601-49400-405 LOCATES - WATER Water 220.73 Total 124488:441.45 GRAFIX SHOPPE 10/14/2024 124489 158750 101-42110-550 SQUAD 277 SETUP Police Department 1,125.00 Total 124489:1,125.00 GREGERSON ROSOW JOHNSO 10/14/2024 124490 51459 101-41600-306 PROSECUTION SERVICES 9/2024 Law/Legal Services 3,823.99 Total 124490:3,823.99 HENNEPIN COUNTY ACCOUNT 10/14/2024 124491 1000233700 101-41600-309 JAIL INVOICES Law/Legal Services 184.72 Total 124491:184.72 HENNEPIN COUNTY ACCOUNT 10/14/2024 124492 1000232621 101-41600-309 JAIL CHARGES/ORONO Law/Legal Services 375.00 HENNEPIN COUNTY ACCOUNT 10/14/2024 124492 1000233075 101-42110-414 HC RADIO/MDC LEASE FEE Police Department 2,758.84 21 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount HENNEPIN COUNTY ACCOUNT 10/14/2024 124492 1000233096 651-49910-414 PW RADIO LEASE 9/2024 Storm Water 305.58 HENNEPIN COUNTY ACCOUNT 10/14/2024 124492 1000233145 101-42260-414 HC RADIO/MDC LEASE FEE Fire Protection Services 500.04 Total 124492:3,939.46 Hennepin County Environmental 10/14/2024 124493 1242975 101-45200-404 BEACH WATER SAMPLING Parks 1,220.00 Total 124493:1,220.00 HENTGES, ANNE 10/14/2024 124494 09.2024 Mile 101-41500-437 MNGFOA CONFERENCE - MILEAGE 09.2024 Finance Department 176.14 Total 124494:176.14 HIPERLINE 10/14/2024 124495 1437 601-16500 LS#5 WET WELL REMODEL 43,436.00 Total 124495:43,436.00 HOLIDAY COMPANIES 10/14/2024 124496 07960110240 101-42110-402 CAR WASHES / HOLIDAY Police Department 247.50 Total 124496:247.50 HOLTON ELECTRIC CONTRACT 10/14/2024 124497 7040 101-43000-404 INSTALL LIGHT SWITCH FOR YARD LIGHT SALT Public Works Department 194.33 Total 124497:194.33 HYDRO KLEAN 10/14/2024 124498 2024 CIPP FI 602-20600 24-014 SEWER REHABILITATION (CIPP)7,861.21 HYDRO KLEAN 10/14/2024 124498 2024 CIPP FI 602-16500 24-014 SEWER REHABILITATION (CIPP)24,555.00 Total 124498:32,416.21 JESSICA RASMUSSEN 10/14/2024 124499 10.2024 REI 101-42110-437 TRAINING/RASSMUSSEN Police Department 127.04 Total 124499:127.04 JOHNSON, MARK & EMILIE 10/14/2024 124500 09.24.24 PO 602-37690 SEWER INSPECTION REFUND 150.00 Total 124500:150.00 JR'S ADVANCED RECYCLERS 10/14/2024 124501 113962 603-49500-442 FALL CLEAN UP 2024 Recycling 1,970.50 22 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124501:1,970.50 KARLIEN DE CLERCQ 10/14/2024 124502 4315 LAKEVI 999-10015 UB REFUND - 4315 LAKEVIEW CT - DE CLERCQ 2.61 Total 124502:2.61 KEVIN DULIN 10/14/2024 124503 1785 CONC 999-10015 UB REFUND - 1785 CONCORDIA ST 45.99 Total 124503:45.99 KODIAK POWER SOLUTIONS 10/14/2024 124504 13300081 602-49450-403 REPAIR GENERATOR PORTABLE UNIT 857 Sewer 1,509.00 KODIAK POWER SOLUTIONS 10/14/2024 124504 16172862 602-16500 LS# 28 GENERATOR REPLACEMENT 2024 CAPIT 26,900.00 Total 124504:28,409.00 LAKE MTKA CONSERVATION DI 10/14/2024 124505 2024Q4Oron 651-49910-433 4TH QTR 2024 LEVY PMT Storm Water 10,200.50 Total 124505:10,200.50 LEO WEB PROTECT INC.10/14/2024 124506 8065845528 101-42110-416 MONTHLY SUBSCRIPTION 10/24 Police Department 143.06 Total 124506:143.06 MACQUEEN EQUIPMENT LLC 10/14/2024 124507 P35930 415-42260-580 TANKER ADAPTERS 168.12 MACQUEEN EQUIPMENT LLC 10/14/2024 124507 P36156 415-42260-580 ADAPTER FOR L1 304.90 Total 124507:473.02 MARGARET JIN 10/14/2024 124508 10.2024 REI 101-41500-437 MNGFOA CONFERENCE - MILEAGE REIMBURSE Finance Department 164.82 Total 124508:164.82 MARK & EMMA JOHNSON 10/14/2024 124509 1295 ARBOR 999-10015 UB REFUND - 1295 ARBOR ST - JOHNSON 94.84 Total 124509:94.84 MARTIN MARIETTA MATERIALS 10/14/2024 124510 43720982 101-43000-224 PATCHING Public Works Department 149.38 23 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124510:149.38 MEB ENTERPRISE INC 10/14/2024 124511 1352 101-43000-408 PATCH ROADWAY TASK#87450 Public Works Department 8,717.75 MEB ENTERPRISE INC 10/14/2024 124511 1353 101-43000-408 TASK 87451 Public Works Department 6,715.00 MEB ENTERPRISE INC 10/14/2024 124511 1354 101-43000-408 TASK 87452 Public Works Department 1,400.00 MEB ENTERPRISE INC 10/14/2024 124511 1355 101-43000-408 TASK 87803 REPAIRS ON KELLY PARKWAY Public Works Department 8,980.50 MEB ENTERPRISE INC 10/14/2024 124511 1357 101-43000-408 TASK 87804 DRAINAGE TONKA AVE Public Works Department 4,696.00 MEB ENTERPRISE INC 10/14/2024 124511 1358 101-43000-408 TASK 87804 Public Works Department 8,580.00 MEB ENTERPRISE INC 10/14/2024 124511 1359 101-43000-408 TASK 87804 Public Works Department 9,896.00 Total 124511:48,985.25 METROPOLITAN COUNCIL ENVI 10/14/2024 124512 0001178106 602-49450-383 WASTWATER SERVICE 11/2024 Sewer 64,223.79 Total 124512:64,223.79 MINNEAPOLIS OXYGEN COMPA 10/14/2024 124513 00132764 701-49800-215 MEDICAL OXYGEN/TANK FEE/FINAL BILL FOR S Fleet Services 73.90 MINNEAPOLIS OXYGEN COMPA 10/14/2024 124513 00132765 101-42110-221 MEDICAL OXYGEN/TANK FEE Police Department 145.81 Total 124513:219.71 MINUTEMAN PRESS 10/14/2024 124514 37381 101-41430-325 NEWSLETTER SEP-OCT Communications 1,578.50 MINUTEMAN PRESS 10/14/2024 124514 37381 101-41430-322 NEWSLETTER SEP-OCT Communications 1,121.84 Total 124514:2,700.34 MITCH WIESE 10/14/2024 124515 10.2024 REI 101-45200-226 WORK BOOT REIMBURSEMENT Parks 279.98 Total 124515:279.98 MOUND TRUE VALUE 10/14/2024 124516 194432 101-42110-201 OFFICE SUPPLIES Police Department 7.99 Total 124516:7.99 NAVARRE HARDWARE 10/14/2024 124517 194432 101-42110-402 SURVAILLANCE EQUIPMENT - ARLO CAMERA Police Department 7.99 NAVARRE HARDWARE 10/14/2024 124517 348043 101-42260-201 TUBING FOR WHITE BOARD Fire Protection Services 2.38 NAVARRE HARDWARE 10/14/2024 124517 348179 101-42260-215 CONNECTORS FOR SHOP Fire Protection Services 48.55 24 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124517:58.92 Newegg Business Inc 10/14/2024 124518 1305149138 710-49970-575 DESKTOP COMPUTER IT Services 344.99 Total 124518:344.99 NORTH MEMORIAL 10/14/2024 124519 09302024 101-42110-437 EMR REFRESHER - 10 OFFICERS Police Department 1,000.00 Total 124519:1,000.00 NOVA COMMUNICATIONS INC 10/14/2024 124520 in-80009186 710-49970-329 MONTHLY PHONE SIP CHARGE 10/24 IT Services 229.02 Total 124520:229.02 OPD BUSINESS SOLUTIONS LL 10/14/2024 124521 3855089620 101-42110-201 OFFICE SUPPLIES Police Department 177.00 OPD BUSINESS SOLUTIONS LL 10/14/2024 124521 3867510820 101-42110-201 OFFICE SUPPLIES Police Department 63.46 OPD BUSINESS SOLUTIONS LL 10/14/2024 124521 3868846640 101-42110-201 OFFICE SUPPLIES Police Department 7.54 Total 124521:248.00 OTTEN BROTHERS 10/14/2024 124522 1-1803313 613-49830-223 CLUBHOUSE PLANTS Golf Course 56.99 Total 124522:56.99 PERFORMANCE PLUS LLC dba 10/14/2024 124523 09162029 101-42260-305 MEDICAL EVAL FOR DOUG SWERDFIGER Fire Protection Services 441.00 PERFORMANCE PLUS LLC dba 10/14/2024 124523 091644 101-42260-305 MEDICAL EVAL FOR CHARLIE BLACK Fire Protection Services 574.25 Total 124523:1,015.25 POOL, BRODY 10/14/2024 124524 10.2024 REI 101-43000-226 PPE BOOTS REINBURSEMENT Public Works Department 300.00 Total 124524:300.00 QUADIENT INC 10/14/2024 124525 10.2024 101-41900-322 POSTAGE REFILL 9.10.2024 Central Services 1,000.00 Total 124525:1,000.00 QUADIENT INC 10/14/2024 124526 Q1524151 101-41900-401 POSTAGE MACHING LEASE 10.28.24-01.27.25 Central Services 878.94 25 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124526:878.94 QUALITY FLOW SYSTEMS INC 10/14/2024 124527 47716 602-49450-406 GS#30 REPAIR Sewer 572.50 QUALITY FLOW SYSTEMS INC 10/14/2024 124527 47717 602-49450-406 LS#18 Sewer 482.50 Total 124527:1,055.00 RAIN FOR RENT 10/14/2024 124528 2055492 602-49450-406 LS#5 BYPASS Sewer 10,936.67 RAIN FOR RENT 10/14/2024 124528 2056889 602-49450-406 LS#5 BYPASS Sewer 9,470.00 Total 124528:20,406.67 RDO EQUIPMENT CO 10/14/2024 124529 p2228970 701-49800-221 WOOD CHIPPER BELLY PAN Fleet Services 612.73 RDO EQUIPMENT CO 10/14/2024 124529 P2229070 701-49800-403 UNIT #471 WOOD CHIPPER REPAIR Fleet Services 40.62 RDO EQUIPMENT CO 10/14/2024 124529 P2253470 701-49800-221 CHIPPER PARTS Fleet Services 757.44 Total 124529:1,410.79 REPUBLIC SERVICES #894 10/14/2024 124530 0894-006838 101-41900-404 TRASH SERVICE 9/1/22-9/30/22 - CITY HALL Central Services 396.95 REPUBLIC SERVICES #894 10/14/2024 124530 0894-006838 101-45200-404 TRASH SERVICE 9/1/22-9/30/22 Parks 1,211.55 REPUBLIC SERVICES #894 10/14/2024 124530 0894-006838 613-49830-404 TRASH SERVICE 9/1/22-9/30/22 - GOLF COURSE Golf Course 539.80 REPUBLIC SERVICES #894 10/14/2024 124530 0894-006838 101-43100-404 TRASH SERVICE 9/1/22-9/30/22 - BRUSH SITE Brush Site 51.81 REPUBLIC SERVICES #894 10/14/2024 124530 0894-006838 101-41900-404 TRASH SERVICE 9/1/22-9/30/22 - POLICE DEPAR Central Services 174.68 Total 124530:2,374.79 RICHARD KLING 10/14/2024 124531 2780 WHITE 999-10015 UB REFUND - 2780 WHITE OAK CIR. - R. KLING 39.00 Total 124531:39.00 Riverside Design 10/14/2024 124532 4440 101-42110-352 OFFICE SUPPLIES Police Department 115.00 Riverside Design 10/14/2024 124532 4463 234-45680-221 LURTON DOG PARK MEMBER VEHICLE PARKIN Parks-Lurton Park 694.40 Total 124532:809.40 ROBERT OLSON 10/14/2024 124533 348 W LAKE 999-10015 UB REFUND - 348 W LAKE ST - OLSON 200.77 Total 124533:200.77 26 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount SAFEBUILT LLC LOCKBOX 8813 10/14/2024 124534 739579 101-42400-310 BUILDING SERVICES Building & Zoning 397.50 Total 124534:397.50 SANDCREEK EAP 10/14/2024 124535 SDC-IN-1006 101-41900-319 EAP SERVICE CULTURE ASSESSMENT Central Services 837.50 Total 124535:837.50 SARA SJOBERG 10/14/2024 124536 3498 NORTH 999-10015 UB REFUND - 3498 NORTHSHORE DR - SJOBER 164.00 Total 124536:164.00 SECURITY & SOUND CO 10/14/2024 124537 28772 101-42110-319 PD ALARM MONITORING Police Department 336.00 Total 124537:336.00 SHAUGHNESSY LAWN CARE 10/14/2024 124538 08.15.24-09.101-45200-404 PARK MOWING 8/24 - 9/24 Parks 4,285.71 Total 124538:4,285.71 SOJOURNER PROJECT INC 10/14/2024 124539 05.2024 101-42110-319 2024-DOMESTIC VIOLENCE ADVOCACY SVCS Police Department 6,700.00 Total 124539:6,700.00 STA SAFE LOCKSMITH 10/14/2024 124540 91624 101-42260-223 KEYS FOR FIRE HQ Fire Protection Services 54.00 Total 124540:54.00 STREICHER'S 10/14/2024 124541 CM300152 101-42110-226 UNIFORMS/WITTKE Police Department 164.99- STREICHER'S 10/14/2024 124541 CM300493 101-42110-226 UNIFORMS/RUSSETH Police Department 249.99- STREICHER'S 10/14/2024 124541 CM300570 101-42110-226 UNIFORMS/LKILAS Police Department 84.99- STREICHER'S 10/14/2024 124541 I1699851 101-42110-226 UNIFORMS/FOURNIER Police Department 81.99 STREICHER'S 10/14/2024 124541 I1709591 101-42110-226 UNIFORMS/WITTKE Police Department 164.99 STREICHER'S 10/14/2024 124541 I1717036 101-42110-226 UNIFORMS/LANGE AND PALM Police Department 443.97 STREICHER'S 10/14/2024 124541 I1717419 101-42110-226 UNIFORMS/HENNESSY Police Department 208.98 STREICHER'S 10/14/2024 124541 I1717821 101-42110-228 FIREARMS/AMMO .223 Police Department 4,380.00 STREICHER'S 10/14/2024 124541 I1718021 101-42110-226 UNIFORMS/PALM Police Department 289.96 STREICHER'S 10/14/2024 124541 I1718290 101-42110-226 UNIFORMS/LANGE AND PALM Police Department 43.99 STREICHER'S 10/14/2024 124541 I1718291 101-42110-437 USE OF FORCE/WITTKE Police Department 419.88 STREICHER'S 10/14/2024 124541 I1718802 101-42110-226 UNIFORMS/HENNESSY Police Department 158.98 27 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount STREICHER'S 10/14/2024 124541 I1719145 101-42110-226 UNIFORMS/KLUKAS Police Department 177.98 STREICHER'S 10/14/2024 124541 I1719752 101-42110-226 UNIFORMS/PALM Police Department 109.98 STREICHER'S 10/14/2024 124541 I1719754 101-42110-226 UNIFORMS/PALM Police Department 151.99 STREICHER'S 10/14/2024 124541 I1720853 101-42110-226 UNIFORMS/HENNESSY Police Department 60.00 STREICHER'S 10/14/2024 124541 I1720918 101-42110-226 UNIFORMS/HENNESSY Police Department 129.99 STREICHER'S 10/14/2024 124541 I1720955 101-42110-226 UNIFORMS/KLUKAS Police Department 84.99 STREICHER'S 10/14/2024 124541 I1721816 101-42110-226 UNIFORMS/HENNESSY Police Department 70.00 Total 124541:6,477.70 STREICHER'S 10/14/2024 124542 CM299331 101-42260-226 RETURN OF SIZING GROUP OF JACKETS Fire Protection Services 999.90- STREICHER'S 10/14/2024 124542 I1674503 101-42260-226 DUTY JACKETS Fire Protection Services 296.87 STREICHER'S 10/14/2024 124542 I1707594 101-42260-226 DUTY BOOTS Fire Protection Services 284.00 STREICHER'S 10/14/2024 124542 I1709984 101-42260-226 UNIFORM SHIRT Fire Protection Services 74.99 STREICHER'S 10/14/2024 124542 I1720380 101-42260-226 CAPTAIN AND LIEUTENATS BADGES AND COLL Fire Protection Services 514.00 STREICHER'S 10/14/2024 124542 I1720619 101-42260-226 UNIFORM SHIRT Fire Protection Services 91.98 STREICHER'S 10/14/2024 124542 I1721095 101-42260-226 DUTY PANTS Fire Protection Services 69.99 STREICHER'S 10/14/2024 124542 I1721664 101-42260-226 DUTY UNIFORM T-SHIRT, BALL CAP AND LS T-S Fire Protection Services 4,345.80 STREICHER'S 10/14/2024 124542 I1721693 101-42260-226 UNIFORM TIE Fire Protection Services 9.99 STREICHER'S 10/14/2024 124542 I1721881 101-42260-226 DUTY BOOT STEPH Fire Protection Services 100.00 STREICHER'S 10/14/2024 124542 I1721896 101-42260-226 UNIFORM SHIRT AND BELT FOR STEPH Fire Protection Services 121.98 Total 124542:4,909.70 Syn-Tech Systems 10/14/2024 124543 302696 701-49800-416 MAINTENANCE AGREEMENT FUEL SYSTEM - P Fleet Services 550.00 Total 124543:550.00 TARYN HYLAND 10/14/2024 124544 RPS20-0001 101-22205 ESCROW REFUND - RPS20-000155 - 2150 6TH A 10,000.00 Total 124544:10,000.00 TEAM LABORATORY CHEMICAL 10/14/2024 124545 INV0043603 602-49450-227 BACTERIA BUGS FOR LS'S Sewer 2,189.00 Total 124545:2,189.00 TERMINAL SUPPLY INC.10/14/2024 124546 65423-00 701-49800-215 SHOP SUPPLIES Fleet Services 419.08 TERMINAL SUPPLY INC.10/14/2024 124546 69055-00 701-49800-215 BOLT BIN LEGS Fleet Services 94.69 28 City of Orono Check Register - COUNCIL REPORT Page: 18 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124546:513.77 THOMSON REUTERS - WEST 10/14/2024 124547 850823717 101-42110-311 DATA PROCESSING/THOMSON REUTERS Police Department 318.14 Total 124547:318.14 TimeSaver Off Site Secretarial Inc 10/14/2024 124548 M29527 101-42400-319 PLANNING COMMISSION MINUTES 9/16/2024 Building & Zoning 206.50 TimeSaver Off Site Secretarial Inc 10/14/2024 124548 M29527 101-41110-319 CITY COUNCIL MINUTES 9/9/2024 Mayor & Council 206.50 TimeSaver Off Site Secretarial Inc 10/14/2024 124548 M29527 101-41110-319 CITY COUNCIL MINUTES 9/23/2024 Mayor & Council 246.00 Total 124548:659.00 TITAN MACHINERY INC 10/14/2024 124549 PSO439282-701-49800-221 EQUIMENT PARTS Fleet Services 366.86 Total 124549:366.86 TOLL GAS & WELDING SUPPLY 10/14/2024 124550 0040201154 701-49800-215 GAS CYLINDER RENTAL Fleet Services 11.90 Total 124550:11.90 TORKE COFFEE COMPANY INC 10/14/2024 124551 052494 101-42260-228 TRAINING AND MEETING SUPPLIES Fire Protection Services 78.35 Total 124551:78.35 U.S. AutoForce 10/14/2024 124552 INV0006096 701-49800-222 SQUAD CAR TIRES Fleet Services 649.60 U.S. AutoForce 10/14/2024 124552 INV00061165 701-49800-222 SQUAD CAR TIRES Fleet Services 2,160.00 Total 124552:2,809.60 UNIFIRST CORPORATION 10/14/2024 124553 1410088101 613-49830-404 CLEANING SUPPLIES-GOLF COURSE Golf Course 47.95 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 101-43000-404 RUGS - PW Public Works Department 28.73 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 101-45200-226 UNIFORMS-PARKS Parks 16.54 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.54 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 101-41900-226 UNIFORMS-FACILITY Central Services 6.68 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 101-43000-226 UNIFORMS-STREETS Public Works Department 63.32 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 651-49910-226 UNIFORMS - STORMWATER Storm Water 63.31 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 601-49400-226 UNIFORMS PW-WATER DEPT Water 30.57 29 City of Orono Check Register - COUNCIL REPORT Page: 19 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount UNIFIRST CORPORATION 10/14/2024 124553 1410088105 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 30.57 UNIFIRST CORPORATION 10/14/2024 124553 1410088105 701-49800-226 UNIFORMS - FLEET Fleet Services 40.84 UNIFIRST CORPORATION 10/14/2024 124553 1410089610 613-49830-404 CLEANING SUPPLIES-GOLF COURSE Golf Course 140.13 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 101-43000-404 RUGS - PW Public Works Department 28.73 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 101-45200-226 UNIFORMS-PARKS Parks 16.54 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.54 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 101-41900-226 UNIFORMS-FACILITY Central Services 6.68 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 651-49910-226 UNIFORMS - STORMWATER Storm Water 63.31 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 101-43000-226 UNIFORMS-STREETS Public Works Department 63.32 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 601-49400-226 UNIFORMS PW-WATER DEPT Water 30.57 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 30.57 UNIFIRST CORPORATION 10/14/2024 124553 1410089619 701-49800-226 UNIFORMS - FLEET Fleet Services 40.84 UNIFIRST CORPORATION 10/14/2024 124553 1410091098 613-49830-404 CLEANING SUPPLIES-GOLF COURSE Golf Course 47.95 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 101-43000-404 RUGS - PW Public Works Department 28.73 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 101-45200-226 UNIFORMS-PARKS Parks 16.54 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.54 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 101-41900-226 UNIFORMS-FACILITY Central Services 6.68 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 101-43000-226 UNIFORMS-STREETS Public Works Department 63.31 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 651-49910-226 UNIFORMS - STORMWATER Storm Water 63.31 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 601-49400-226 UNIFORMS PW-WATER DEPT Water 36.05 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 36.05 UNIFIRST CORPORATION 10/14/2024 124553 1410091102 701-49800-226 UNIFORMS - FLEET Fleet Services 40.84 Total 124553:1,241.57 VALLEY RICH CO 10/14/2024 124554 33732 602-49450-406 FORCE MAIN BREAK 1376 N ARM Sewer 7,607.25 Total 124554:7,607.25 WESTSIDE WHOLESALE TIRE 10/14/2024 124555 410725 701-49800-222 PW TRUCK TIRES Fleet Services 2,237.80 WESTSIDE WHOLESALE TIRE 10/14/2024 124555 410765 701-49800-222 PW TRUCK TIRES Fleet Services 1,617.84- WESTSIDE WHOLESALE TIRE 10/14/2024 124555 410766 701-49800-222 PW TRUCK TIRES Fleet Services 1,591.20 Total 124555:2,211.16 Winterfrost Productions 10/14/2024 124556 WFP019-120 101-45200-316 SANTA RENTAL Parks 500.00 30 City of Orono Check Register - COUNCIL REPORT Page: 20 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 124556:500.00 WM CORPORATE SERVICES IN 10/14/2024 124557 0117957-280 603-49500-444 ORGANICS SEP 2024 Recycling 180.56 WM CORPORATE SERVICES IN 10/14/2024 124557 0117957-280 603-49500-316 RECYCLING OCT 2024 Recycling 19,467.65 Total 124557:19,648.21 XCEL ENERGY 10/14/2024 124558 896041777 602-49450-381 3425 LYRIC 8/25/24-9/25/24 Sewer 29.16 XCEL ENERGY 10/14/2024 124558 896956954 101-41900-381 ELECTRIC SERVICE 09/02/24-10/02/24 Central Services 1,376.09 XCEL ENERGY 10/14/2024 124558 896956954 101-42110-381 ELECTRIC SERVICE 09/02/24-10/02/24 Police Department 1,362.09 XCEL ENERGY 10/14/2024 124558 896956954 101-42110-381 ELECTRIC SERVICE 09/02/24-10/02/24 Police Department 37.48 XCEL ENERGY 10/14/2024 124558 896956954 101-43000-381 ELECTRIC SERVICE 09/02/24-10/02/24 Public Works Department 37.84 XCEL ENERGY 10/14/2024 124558 896956954 101-43000-386 ELECTRIC SERVICE 09/02/24-10/02/24 Public Works Department 2,746.40 XCEL ENERGY 10/14/2024 124558 896956954 101-45200-381 ELECTRIC SERVICE 09/02/24-10/02/24 Parks 41.51 XCEL ENERGY 10/14/2024 124558 896956954 601-49400-381 ELECTRIC SERVICE 09/02/24-10/02/24 Water 7,609.24 XCEL ENERGY 10/14/2024 124558 896956954 602-49450-381 ELECTRIC SERVICE 09/02/24-10/02/24 Sewer 3,378.01 XCEL ENERGY 10/14/2024 124558 896956954 613-49830-381 ELECTRIC SERVICE 09/02/24-10/02/24 Golf Course 1,280.62 XCEL ENERGY 10/14/2024 124558 896956954 101-42260-381 ELECTRIC SERVICE 09/02/24-10/02/24 Fire Protection Services 1,099.58 Total 124558:18,998.02 Yamaha Golf & Utility 10/14/2024 124559 01-307678 613-49830-415 GOLF CART RENTAL Golf Course 3,254.10 Total 124559:3,254.10 ZUMBRO TOOLS 10/14/2024 124560 0918248665 701-49800-240 MECHANICS TOOLS Fleet Services 137.75 ZUMBRO TOOLS 10/14/2024 124560 0925248913 701-49800-240 MECHANICS TOOLS Fleet Services 328.00 Total 124560:465.75 MEDSURETY LLC 09/24/2024 20130547 08.26.24-09.101-21719 MFSA 08.16.24-09.22.24 FUNDS 731.81 MEDSURETY LLC 09/24/2024 20130547 9.20.24 DCA 101-21719 FSA DCAP J. CUTA 250.00 Total 20130547:981.81 PSN: PAYMENT SERVICE INVOI 09/24/2024 20130548 299999 602-49450-312 SEWER FUND PSN FEES Sewer 498.92 PSN: PAYMENT SERVICE INVOI 09/24/2024 20130548 299999 601-49400-312 WATER FUND PSN FEES Water 498.93 PSN: PAYMENT SERVICE INVOI 09/24/2024 20130548 300112 101-41900-312 MISC PSN FEES Central Services 1.10 PSN: PAYMENT SERVICE INVOI 09/24/2024 20130548 300245 101-41900-312 BUILDING PERMIT PSN FEES Central Services 12.10 31 City of Orono Check Register - COUNCIL REPORT Page: 21 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 20130548:1,011.05 HOME DEPOT CREDIT SERVIC 10/01/2024 20130549 4014301 101-45200-240 PARKS TOOLS Parks 30.65 HOME DEPOT CREDIT SERVIC 10/01/2024 20130549 4014301 101-41900-223 FACILITY SUPPLIES Central Services 17.94 HOME DEPOT CREDIT SERVIC 10/01/2024 20130549 7080518 101-43000-240 BLADES Public Works Department 39.48 Total 20130549:88.07 MEDSURETY LLC 10/01/2024 20130550 09.25.24 DC 101-21719 FSA DCAP J. CUTA 250.00 Total 20130550:250.00 MSTS RECEIVABLES LLC 10/01/2024 20130551 369979 701-49800-240 NEW MECHANIC TOOLS Fleet Services 27.02 MSTS RECEIVABLES LLC 10/01/2024 20130551 369979 701-49800-240 NEW MECHANIC TOOLS Fleet Services 27.02- Total 20130551:.00 AMAZON CAPITAL SERVICE 10/14/2024 20130552 16C7-TY64-101-43000-222 IPAD HOLDER FOR 409 Public Works Department 46.60 AMAZON CAPITAL SERVICE 10/14/2024 20130552 16C7-TY64-101-43000-226 JOE WINTER CLOTHES PPE Public Works Department 364.38 AMAZON CAPITAL SERVICE 10/14/2024 20130552 16C7-TY64-101-43000-226 SCOTT WINTER CLOTHES PPE Public Works Department 190.98 AMAZON CAPITAL SERVICE 10/14/2024 20130552 17DY-1LDR-101-41900-223 DOOR STOPS Central Services 59.98 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1FMJ-GWL6-101-41900-201 NOTEBOOKS Central Services 15.98 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1FMJ-GWL6-101-41900-201 HIGHLIGHTERS Central Services 8.98 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1FMJ-GWL6-101-42110-201 OFFICE SUPPLIES Police Department 56.00 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1HLW-RYG9-601-49400-226 JIMMY WINTER CLOTHES Water 85.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1HLW-RYG9-601-49400-201 USB DRIVES Water 85.98 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1L9Q-4PY3-101-41900-223 CLEANING SUPPLIES Central Services 83.44 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1L9Q-4PY3-613-49830-201 GOLF PENCILS Golf Course 56.88 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1NK6-Q47N-101-41900-201 LAMINATING SHEETS Central Services 24.77 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1NK6-Q47N-101-43000-226 RUBBER GLOVES Public Works Department 74.97 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1QWH-K64N 710-49970-221 POWER SRIPTS AND BATTERY BACKUP IT Services 125.95 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 WASTE BASKETS Fire Protection Services 17.88 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 KEY RINGS Fire Protection Services 10.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 KEY CABINET Fire Protection Services 13.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-226 UNIFORM SWEATSHIRT Fire Protection Services 1,046.21 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-240 SHOP VAC Fire Protection Services 141.00 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-223 TISSUE TOLLER SPINDLE Fire Protection Services 17.26 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-208 GLOW STICKS FOR OPEN HOUSE AND HOLLO Fire Protection Services 89.75 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 DOUBLE SIDED TAPE Fire Protection Services 10.98 32 City of Orono Check Register - COUNCIL REPORT Page: 22 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 WHITE BOARD TAPE Fire Protection Services 5.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 DOUBLE SIDED TAPE Fire Protection Services 10.98 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 CAR ADAPTER Fire Protection Services 17.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-223 KLEENEX Fire Protection Services 19.00 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 VELCRO Fire Protection Services 17.38 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 COMMAND STRIPES Fire Protection Services 24.66 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-240 CARIBEENER CLIPS FOR FLAG Fire Protection Services 27.12 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-228 BOTTLED WATER FOR REHAB Fire Protection Services 244.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 440-48960-530 ICE MACHINE Temporary North Fire Station 1,499.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 CR123A BATTERIES FOR HELMET FLASHLIGHT Fire Protection Services 50.04 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-240 ROPE FOR FLAG Fire Protection Services 15.49 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 SCISSORS Fire Protection Services 9.99 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1TNL-94F3-X 101-42260-201 PROMOTIONAL DISCOUNTS Fire Protection Services 14.00- AMAZON CAPITAL SERVICE 10/14/2024 20130552 1YW1-9GL9-701-49800-215 SHOP SUPPLIES Fleet Services 177.03 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1YW1-9GL9-701-49800-212 MOTOR FUELS Fleet Services 142.10 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1YW1-9GL9-701-49800-240 MECHANICS TOOLS Fleet Services 32.38 AMAZON CAPITAL SERVICE 10/14/2024 20130552 1YW1-9GL9-701-49800-226 PPE Fleet Services 90.00 Total 20130552:5,000.07 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 613-49830-093 CONCESSIONS Golf Course 155.96 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 613-49830-093 CONCESSIONS Golf Course 200.08 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 613-49830-093 CONCESSIONS Golf Course 22.47 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 701-49800-437 APWA CLASS Fleet Services 150.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 701-49800-240 MECHANICS TOOLS Fleet Services 36.97 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 701-49800-222 MRAP PARTS Fleet Services 3,303.29 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 603-49500-442 FOOD FOR FALL CLEANUP TASK 87268 Recycling 181.84 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-43000-404 GRAGE DOOR OPENERS FOR NEW PW Public Works Department 307.09 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-439 POLICE COMMISSION MEETING ITEMS Police Department 12.62 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-41300-489 CITY APPRCIATION SUMMER EVENT Administration 528.25 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-433 PELOTON MEMBERSHIP Police Department 47.76 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-41300-489 WELCOME BREAKFAST - PARKS Administration 43.28 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-41300-489 WELCOME BREAKFAST - PARKS Administration 69.65 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-41110-439 CC MEETING MEALS Mayor & Council 62.80 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-41110-439 CC MEETING MEALS Mayor & Council 229.26 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-41300-437 CLERKS ACADEMY - NOLA Administration 131.95 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-43000-437 ADMIN -LEADERSHIP TRAINING : ESSENTIAL SK Public Works Department 75.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 710-49970-221 IPAD CASE - PW IT Services 162.78 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42400-437 APA CONFERENCE Building & Zoning 997.65 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 710-49970-311 ZOOM SUBSCRIPTION IT Services 15.99 33 City of Orono Check Register - COUNCIL REPORT Page: 23 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-41500-437 WORKER'S COMPENSATION SUMMIT Finance Department 130.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 601-49400-322 WATER SAMPLES Water 33.94 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 601-49400-216 WATER CHEMICALS Water 243.43 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 601-49400-322 SHIPPING Water 32.54 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 601-49400-437 WATER SCHOOL Water 300.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 601-49400-322 WATER SAMPLE SHIPPING Water 17.86 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-437 DNR CLASS / FOR INSTRUCTORS Police Department 57.01 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-240 OFFICER EQUIPMENT/DEHUMIDIFIER Police Department 302.78 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-437 RIOT TRAINING/STURM Police Department 10.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-437 FIRST RESPONDER CLASS AT OPD Police Department 10.48 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-439 OFD/OPD MEETING Police Department 64.30 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-437 TRAINING/SCHAUER CAR SEAT Police Department 95.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-221 MEDICAL EQUIPMENT Police Department 20.94 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-42110-221 MEDICAL EQUIPMENT Police Department 227.95 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 CAR 101-45200-221 CAMERA HOUSING - LURTON Parks 66.25 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 440-48960-530 RETURN OF SALES TAX Temporary North Fire Station 4.46- CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 440-48960-530 RETURN OF CABINET ITEMS Temporary North Fire Station 147.60- CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 440-48960-530 RETURN OF CABINET ITEMS Temporary North Fire Station 55.68- CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 440-48960-530 RETURN OF CABINET ITEMS Temporary North Fire Station 20.31- CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-219 RETURN OF SALES TAX Fire Protection Services 6.33- CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-437 CONFERENCE PASSES TO CFT Fire Protection Services 2,400.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 440-48960-530 DISPLAY MOUNT FOR FIRE HQ Temporary North Fire Station 56.83 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-433 AMEM MEMBERSHIP Fire Protection Services 200.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 440-48960-530 NEW FRIDGE FOR FIRE HQ Temporary North Fire Station 2,089.97 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 440-48960-530 DISPLAYS FOR FIRE HQ TRAINING AND BUNK R Temporary North Fire Station 469.98 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-439 OFFICER MEETING WITH EXFD Fire Protection Services 85.95 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-439 CAKE FOR CEREMONY Fire Protection Services 39.99 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-228 IC TINS FOR TRUCKS Fire Protection Services 100.00 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-226 HELMET SHIELDS FOR NEW OFFICERS Fire Protection Services 145.97 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-489 20 X 30 FLAG FOR DISPLAY Fire Protection Services 709.18 CARDMEMBER SERVICE 10/14/2024 20130553 10.2024 JV 101-42260-433 STATE CERTS Fire Protection Services 236.25 Total 20130553:14,646.91 FSSolutions 10/14/2024 20130554 FL00649006 101-45200-319 DRUG TESTING-M. WIESE Parks 61.16 Total 20130554:61.16 LOGIS-WIRE 10/14/2024 20130555 80041 710-49970-221 SOFT TOKEN IT Services 15.00 LOGIS-WIRE 10/14/2024 20130555 80042 710-49970-416 KNOWBE4 IT Services 957.88 34 City of Orono Check Register - COUNCIL REPORT Page: 24 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LOGIS-WIRE 10/14/2024 20130555 80042 710-49970-416 CISCO ENDPOINT ESSENTIALS IT Services 1,568.00 LOGIS-WIRE 10/14/2024 20130555 80042 710-49970-416 CISCO UMBRELLA DNS SECURITY IT Services 1,200.00 LOGIS-WIRE 10/14/2024 20130555 80043 710-49970-329 INTERNET - LOCATES IT Services 32.40 LOGIS-WIRE 10/14/2024 20130555 80044 710-49970-329 INTERNET - LOCATES IT Services 53.16 Total 20130555:3,826.44 MEDSURETY LLC 10/14/2024 20130556 35238 101-41900-319 OCTOBER FEES Central Services 211.00 Total 20130556:211.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 101-34210 GENERAL SALES TAX 18.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 101-34650 POLICE REPORT SALES TAX 5.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 601-39610 WATER METER SALES 81.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 601-20806 WATER TAXABLE SALES 952.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 601-20806 WATER TAXABLE SALES BULK WATER 4.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37910 GREEN FEES 2,303.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37920 GOLF CART RENTAL 1,276.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37930 BEER - SALES TAX 322.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37935 POP SALES 22.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37940 CONCESSIONS - SALES TAX 62.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37960 GOLF BALL SALES 65.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37970 PRO SHOP SALES - SALES TAX 20.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 613-37980 CLOTHING (HAT) SALES TAX 58.00 MN DEPT OF REVENUE-WIRE 10/14/2024 20130557 09.2024 Sale 101-39610 CREDIT - WRITE OFF 1.00- Total 20130557:5,187.00 SQUARE SERVICES 10/14/2024 20130558 10.2024 613-49830-312 GC SQUARE FEE Golf Course 35.00 Total 20130558:35.00 UNITED STATES POSTAL SERVI 10/14/2024 20130559 09.2024 UB 602-49450-322 09.2024 UB POSTAGE Sewer 561.66 UNITED STATES POSTAL SERVI 10/14/2024 20130559 09.2024 UB 601-49400-322 09.2024 UB POSTAGE Water 561.66 UNITED STATES POSTAL SERVI 10/14/2024 20130559 09.2024 UB 651-49910-322 09.2024 UB POSTAGE Storm Water 561.66 Total 20130559:1,684.98 Grand Totals: 780,489.78 35 City of Orono Check Register - COUNCIL REPORT Page: 25 Check Issue Dates: 9/24/2024 - 10/14/2024 Oct 09, 2024 11:04AM 36 Date: October 14, 2024 Item: 4 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: Waste Hauler License 1.Purpose: The purpose of this action item is to approve a waste hauler license. 2.License Applicant(s): Suburban Waste Services 3.Staff Recommendation: Application requirements are complete and staff recommends approval of the waste hauler license listed above for the period of December 1, 2024 to May 31, 2025. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve the waste hauler license listed above. 37 Date: October 14, 2024 Item: 5 Presenter: Christine Lusian, City Clerk Section: Consent Agenda Title: Rental License 1.Purpose: The purpose of this action item is to approve licenses for rental housing. 2.License Applicant(s): RL24-000023 2428 Blossom Circle South 3.Staff Recommendation: Application requirements are complete and staff recommends approval of the rental licenses listed above with an expiration date of December 31, 2025. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the rental licenses listed above. 38 Date: October 14, 2024 Item: 6 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Title: Special Event Permit - Crystal Bay Park 1.Purpose: The purpose of this action item is to review the use of Crystal Bay Park. 2.License Applicant(s): City code section 66-224(d) requires city council review of special events requesting the use of city land. Orono Garden Club and ArborGold Tree Service are requesting use of Crystal Bay Park for a free public demonstration event on diagnosing, treating, and pruning flowering crab trees. Bounce house, refreshments, and tree care vehicles/equipment are available. A food truck will be available with items to purchase. Plans included with the application are attached. 3.Staff Recommendation: Staff from Administration, Community Development, Fire, Parks, and Police have reviewed the application and recommend approval. AGENDA ITEM COUNCIL ACTION REQUESTED Approve the permit for a tree pruning demonstration event at Crystal Bay Park. Exhibits Proposed Site Map Activity Map 39 Address: 38 Unassigned, Brown Road South 1011723310097 Parking Location for event Trees needing attention in the foreground 40 Address: 38 Unassigned, Brown Road South 1011723310097 Location of trees in diagnostic and pruning demo Location of bouncy house Location of food truck (on west side of Brown Road S Location of tent with apple cider and cookies Location of ArborGold trucks/ equipment 41 Date: October 14, 2024 Item: 7 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Contract - Criminal Prosecution Services 1.Purpose: To gain approval for Campbell Knutson to provide Criminal Prosecution Services for the City of Orono. 2.Background: The past several years the police department and the cities we provide police services to have discussed at several police commission meetings about having the same criminal prosecutor for all of our cities. The current prosecuting attorney for two of our contract cities is retiring at the end of the year. Minnetonka Beach has approved their City Administrator to work to secure a contract with Campbell Knutson at the September 9, 2024 council meeting. Having the cities have the same prosecuting attorney would create efficiencies for the police department and much less confusion for the courts and prosecutors. Campbell Knutson represents 16 communities for prosecution and 30 communities for civil. There are 8 dedicated prosecuting attorneys and 8 dedicated legal assistants for prosecution. Along with Orono (civil), they represent the cities of Shorewood, Tonka Bay, Plymouth and Greenwood. They have good working relationships with the bench and staff at Hennepin County District Court and are based out of Ridgedale which is where Orono, Mound and Minnetonka Beach cases are heard. Minnetonka Beach cases are on the court calendar the same day as Mound. In addition to criminal prosecution, Campbell Knutson also provides code violation prosecution. Campbell Knutson would not only provide General criminal prosecution, but also be in attendance at briefings, officer training, provide legislative updates and provide around the clock assistance if needed. Campbell Knutson invested in ProsecutorByKarpel in 2021. PbK is a powerful and sophisticated web-based case management system with over 11,000 users in over 400 prosecution offices in 30 states, making it the most widely used prosecution software in the US. It is the only application that interfaces with the Minnesota Public Defender’s office ECM, for eDiscovery of all file types and sizes (including body worn cameras (BWC’s), squad videos, photos, audio and merchant proprietary security applications). In addition, PbK automatically integrates with MNCIS, echarging, and AXON/Evidence.com, which brings all data directly into related cases, without additional time and effort from the police departments’ records staff. AGENDA ITEM 42 The following legal services may be provided at the specific request of the City: Police Policies. As part of our commitment to comprehensive prosecution services, we are available to draft policy memoranda, review police policies, analyze policy changes, and provide updates on legislative changes dealing with mandated policies. Code Enforcement. We prosecute code violations for all of our prosecution clients and many of our civil clients. To accomplish compliance with city code provisions and city regulations, we emphasize communication with City staff and the development and implementation of a well- planned enforcement strategy that establishes deadlines and ensures timely follow-up by staff. Criminal Appeals. Campbell Knutson provides an experienced appellate practice team. We have argued and won many cases before the Minnesota Court of Appeals and Supreme Court. Alina Schwartz is our primary criminal appellate attorney. Alina has an outstanding record of success in dozens of cases. Contract and Agreement Drafting. Campbell Knutson has drafted and reviewed all types of agreements, contracts, and policies related to criminal matters. In responding to a document drafting or review request, our attorneys will draw on the firm’s expansive documents database to efficiently and effectively produce a quality product. Data Practices. Our attorneys will assist all the police department in responding to data practices requests and issues. We continually monitor statutory changes in the Minnesota Government Data Practices Act and review the administrative opinions on data practices issues. Vehicle Forfeitures. The firm has successfully handled thousands of vehicle forfeitures. Due to the volume of cases we handle, we put our clients on the cutting edge of new developments in the law, resulting in more forfeitures being sustained in the courts. 3.Cost: 1. Annual Cap for Prosecution Services: 2025 $50,000 per year with hourly rates in Section C.1. below 2026 $55,000 per year with hourly rates in Section C.1. below 43 2027 $60,000 per year with hourly rates in Section C.1.below 2028 through the term of this contract . The annual Prosecution Services Cap, Hourly Rates, and Costs Cap will increase commensurate with the increase approved by the City to non-union employees for the term of this contract. 1. Legal Fees For Additional Services: Legal fees for legal services not included in Criminal Prosecution Services: Upon request of the City, hourly rates set forth in Section C.2. 1. Hourly Rates: We will send the City a monthly billing statement of the legal services provided. The minimum billing increment is 0.2 hour. We will bill at the following hourly rates: 1. Prosecution Services: Attorneys $140.00 Legal Assistants/Law Clerks $100.00 2. Additional Services: Attorneys $180.00 Legal Assistants/Law Clerks $110.00 1. Costs: Out-of-pocket costs without mark-up include: ¨ Lexis (only if used for Eagan matters) ¨ postage of 50¢ or more ¨ photocopies at 20¢ per page ¨ color copies at 40¢ per page ¨ court related costs, including court filing fees, expert witnesses (with prior consent of City), subpoenas, service of process, and court reporter fees ¨ conflict attorneys’ fees and costs. 44 4.Funding: - 5.Staff Recommendation: Recommend approval of Campbell Knutson for Criminal Prosecution Services effective January1, 2025 COUNCIL ACTION REQUESTED Motion to approve Campbell Knutson for Criminal Prosecution Service effective January 1, 2025 Exhibits Orono - Contract.pdf Orono RFP.pdf 45 1 213839v2 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF ORONO AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, dated ___________________, 2024, is by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform Prosecution Services for the City, as more fully described in the scope of services attached as Exhibit A. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. This Agreement shall be effective January 1, 2025 and shall remain in effect until either party terminates this Agreement as provided in subsection B. or C. below. B. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. C. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City sixty (60) days written notice before the termination becomes effective. 3. COMPENSATION. A. Prosecution Services: An annual cap for all Prosecution Services of 46 2 213839v2 2025 $50,000 per year. 2026 $55,000 per year. 2027 $60,000 per year. Actual legal fees incurred for Prosecution Services will be billed monthly at the following hourly rates: ❖ Attorneys $ 140.00 ❖ Legal Assistants/Law Clerks $ 100.00 Legal fees for Prosecution Services shall not exceed the annual cap. ► 2028 through the term of this contract. The annual cap for all Prosecution Services, hourly rates, and costs will increase by the cost-of-living adjustment the City approves for its non-union employees. For each year, the adjusted annual cap, hourly rates, and costs will be rounded up to the nearest dollar. B. Additional Prosecution Related Services: Legal Fees for Additional Prosecution Related Services are not included in Prosecution Services, and will only be furnished at the specific request of the City. The following are Additional Prosecution Related Services: (1) Criminal appeals whether initiated by the State or the Defendant. (2) Criminal records expungements. (3) Matters relating to the Orono Police Department’s issuance of firearms permits. (4) Administrative citations or prosecution of zoning or other ordinance violations initiated by any City department other than the Orono Police Department. (5) Forfeitures. (6) Dangerous or potentially dangerous dog administrative or criminal proceedings. (7) Matters relating to the Minnesota Government Data Practices Act. Legal fees for Additional Prosecution Related Services will be billed monthly at the following hourly rates: 47 3 213839v2 ❖ Attorneys $180.00 ❖ Legal Assistants/Law Clerks $110.00 C. Monthly Statements: Attorney will send City a detailed monthly billing statement of the actual hours incurred in providing Prosecution Services and Additional Prosecution Related Services. The minimum billing increment is .2 hours. D. Costs: Out-of-pocket costs without mark-up include: ❖ Lexis research (only if used for Orono matters) ❖ photocopies at 20¢ per page ❖ color photocopies at 40¢ per page ❖ postage of 50¢ or more ❖ court related costs (court filing fees, expert witnesses (with prior consent of City), subpoenas, service of process, court reporter fees) ❖ conflict attorneys’ fees and costs. E. Payments: Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Annual Presentation to the City Council. Upon request of the City, the Attorney will provide the City Council with an annual presentation on prosecution activity and updates. The Attorney will provide other reports upon request. B. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. C. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Orono City Council. 48 4 213839v2 D. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Orono City Council. Dated: ______________, 2024. CITY OF ORONO By: __________________________________ Dennis Walsh, Mayor And: _________________________________ Adam Edwards, City Administrator Dated: ______________, 2024. CAMPBELL KNUTSON Professional Association By: __________________________________ Andrea McDowell Poehler, President 49 5 213839v2 EXHIBIT A TO AGREEMENT FOR LEGAL SERVICES SCOPE OF PROSECUTION SERVICES The Campbell Knutson prosecution team has a recognized excellence in delivering high quality prosecution services. Our prosecution team will provide City of Orono with the following: General Criminal Prosecution. Campbell Knutson’s prosecution team will handle the City’s non-felony cases from start to finish. This includes reviewing for charging, drafting formal complaints, all discovery, any pretrial motions, preparation of all notices as required by the Minnesota Rules of Criminal Procedure, all pretrial hearings, and any jury or court trial. We will handle any case initiated by the Orono Police Department, the Hennepin County Sheriff’s Office, the Minnesota State Patrol, the Department of Natural Resources, or any other law enforcement agency for offenses occurring within the City. Briefings/Officer Training/Ride-Alongs. Our representation will include our attorneys attending roll-call briefings with officers, if requested. We provide Post Board certified quarterly training geared towards new officers but open to all officers. Due to the strong rapport we develop with officers, we are able to educate, inform, and mentor officers, and on occasion offer coaching, especially to new officers, to improve their performance and enhance public safety. Our prosecutors regularly participate in ride-alongs with officers to help understand our client’s culture and practices, to gain insight into local and distinctive patrol procedures, and to increase communication with the officers. Legislative/Case Law Updates. We are committed to providing timely updates to our clients about the important state and federal changes that impact the criminal law and the provision of day-to-day police services, whether the changes arise from new legislation, executive mandates, or judicial decisions. We provide an annual Minnesota Criminal Law Legislative Update. Availability/Response Time. We take extreme pride in client service. Command staff and officers are always able to reach us, day or night. Communication is the touchstone of a strong relationship. Our prosecutors’ cell phone numbers are distributed to all staff. Officers routinely call our prosecutors after normal business hours with questions in the field, and on weekends particularly with respect to the 48-hour hold rule. We are available 24/7 to serve the City’s needs. 50 232370v2 City of Orono Prosecution Services Proposal September 13, 2024 Contact: Alina Schwartz Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 Email: aschwartz@ck-law.com www.ck-law.com 51 i 232370v2 TABLE OF CONTENTS Page THE FIRM..................................................................................................................... 1 OUR CLIENTS ................................................................................................................ 2 PRIMARY CONTACT ........................................................................................................ 2 Alina Schwartz. ......................................................................................................................................................... 2 ASSISTANT PROSECUTORS ................................................................................................. 3 Henry A. Schaeffer, III ................................................................................................................................................ 3 Jerome M. Porter. ....................................................................................................................................................... 3 Benjamin Colburn ...................................................................................................................................................... 4 Cara McDonald ......................................................................................................................................................... 4 Meagan Kelley........................................................................................................................................................... 4 Calvin Lee ................................................................................................................................................................ 5 PROSECUTION STAFF ....................................................................................................... 5 ORONO PROSECUTION ORGANIZATIONAL CHART .................................................................... 6 PROSECUTION SERVICES ................................................................................................... 7 General Criminal Prosecution ........................................................................................................................................ 7 Attendance at Briefings, Officer Training and Legislative Updates .......................................................................................... 7 Availability/Response Time .......................................................................................................................................... 7 Commitment to Prosecution ........................................................................................................................................... 8 APPROACH TO PROSECUTION SERVICES ................................................................................. 8 Workload Management and Priority ................................................................................................................................ 8 Victim-Centered Approach to Domestic Assault and Other Public Safety Matters......................................................................... 9 Approach to Driving While Intoxicated Offenses ................................................................................................................. 9 Approach to Theft Offenses ........................................................................................................................................... 9 Approach Regarding Driver’s License Offenses ................................................................................................................... 9 TECHNOLOGY ............................................................................................................. 10 ProsecutorByKarpel. .................................................................................................................................................. 10 CK Network/Research Capabilities ............................................................................................................................... 10 ADDITIONAL RELATED SERVICES ....................................................................................... 11 Police Policies .......................................................................................................................................................... 11 Code Enforcement ..................................................................................................................................................... 11 Contract and Agreement Drafting ................................................................................................................................. 11 Ordinance Drafting .................................................................................................................................................. 11 COMPENSATION ........................................................................................................... 12 STATEMENT OF COMPLIANCE WITH CIVIL RIGHTS LAWS ............................................................ 13 INSURANCE ................................................................................................................ 13 52 ii 232370v2 MALPRACTICE CLAIMS AND ETHICS COMPLAINTS .................................................................... 13 CONFLICTS OF INTEREST ................................................................................................. 13 RESEARCH CAPABILITIES AND REFERENCE SUBSCRIPTIONS .......................................................... 14 CLES AND PROFESSIONAL ASSOCIATION ACTIVITIES ................................................................. 15 PROSECUTION REFERENCES ............................................................................................. 16 RESUMES ................................................................................................................... 18 EXHIBIT A: CLIENT CITIES – POPULATIONS ........................................................................... 24 EXHIBIT B: SCOPE OF PROSECUTION SERVICES .............................. ERROR! BOOKMARK NOT DEFINED. EXHIBIT C: INSURANCE CERTIFICATE .................................................................................. 25 53 1 232370v2 CRIMINAL PROSECUTORIAL LEGAL SERVICES PROPOSAL THE FIRM We are professional prosecutors. Campbell Knutson has, since its inception, focused on providing municipal clients with competent, prompt, and cost-conscious service. We are intimately familiar with the culture, workings, bench and staff of Hennepin County Courts. Our firm has forged lasting and highly successful relationships with other business partners in Hennepin County. We would be honored to serve the City of Orono and its residents. We employ fifteen attorneys and twelve legal assistants. As a result, our attorneys and staff spend every day advising cities to help them navigate through difficult civil and criminal legal issues with confidence . We are extremely proud of our track record in recruiting and retaining our employees. One of the hallmarks of Campbell Knutson’s municipal practice has been the ability to combine our municipal law expertise with service carefully crafted to match each city’s unique structure and governance style. It is this flexibility and proven adaptability that set Campbell Knutson apart and would make our firm a good match for Orono. We would cultivate close working relationships with command staff and patrol officers. Our institutional knowledge of Hennepin County would be invaluable to Orono, and would allow us to respond quickly, thoroughly, and cost effectively. With over 100 years of combined criminal law experience, we are the most experienced private firm in the state providing prosecution services. Our depth of personnel, both attorneys and staff, and knowledge of Hennepin County and its courts, positions us as best able to obtain excellent results. We are constantly upgrading our technology to enhance our ability to transfer digital files from our clients to us, and from us to defense attorneys. For example, we implemented a conversion to ProsecutiorByKarpel (PbK) in December 2021. PbK is a state-of-the-art criminal case management system which is the most widely used prosecutor case management software in the US. These upgrades also keep us connected to the vast network of criminal justice partners. The firm’s general contact information is as follows: Campbell Knutson, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 Fax: (651) 234-6237 www.ck-law.com 54 2 232370v2 OUR CLIENTS Our firm provides high quality, cost-effective legal representation to the following municipalities and public organizations: (See also Exhibit A attached) ❖ Big Lake (since 1998) ❖ Braham (since 2001) ❖ Burnsville (since 1991) ❖ Chanhassen (since 1989) ❖ Dundas (since 2021) ❖ Eagan (since 2016) ❖ Edina (since 2007) ❖ Elk River (since 2013) ❖ Elko New Market (since 1992) ❖ Empire (since 2023) ❖ Falcon Heights (since 1997) ❖ Farmington (since 1998) ❖ Greenwood (since 2022) ❖ Hastings (since 2021) ❖ Inver Grove Heights (since 2021) ❖ League of MN Cities Insurance Trust (since 1989) ❖ Lakeville (since 1989) ❖ Lindström (since 1997) ❖ Lonsdale (since 2018) ❖ Loretto (since 2021) ❖ Mendota Heights (since 2020) ❖ Mountain Lake (since 2024) ❖ Monticello (since 2002) ❖ Mora (since 1999) ❖ North Saint Paul (since 2009) ❖ Orono (since 2006) ❖ Otsego (since 2020) ❖ Plymouth (since 1994) ❖ Prior Lake (since 2021) ❖ Randolph (since 2022) ❖ Rosemount (since 2021) ❖ St. Louis Park (since 1996) ❖ Shafer (since 2018) ❖ Shorewood (since 2021) ❖ South St. Paul (since 2011) ❖ Stacy (since 2017) ❖ Stillwater Township (since 1989) ❖ Tonka Bay (since 2023) ❖ Vermillion (since 2021) ❖ Vermillion Township (since 2021) ❖ Watertown (since 2021) ❖ Woodland (since 2006) ❖ Wyoming (since 2017) ❖ Zimmerman (since 2003) PRIMARY CONTACT Alina Schwartz. Alina would serve as the primary contact and principal prosecutor for Orono. Alina has dedicated the past 19 years to representing municipalities as a city attorney. She is experienced in all facets of criminal prosecution having tried multiple jury trials and court trials. From charging decisions to trials and appeals, she applies her legal knowledge and sound judgement to resolve cases and advise municipal clients. Alina is also an appellate specialist, having successfully briefed and argued multiple appeals in both the Minnesota Supreme Court and Minnesota Court of Appeals. Her expertise in this area allows clients to make an accurate assessment of a case on appeal and its potential outcome. 55 3 232370v2 Alina forged strong relationships with police officers, court personnel and justice partners in Hennepin County and beyond. She is an active member of the legal community serving as a Board Member in the Suburban Hennepin County Prosecutors’ Association (SHCPA). She represents SHCPA at the Hennepin County Criminal Justice Task Force meetings – a taskforce responsible for creating and implementing court policies and procedures within Hennepin County. Alina also participates in the Hennepin County Domestic Violence Steering Committee. Alina has worked closely with victim advocacy groups and the Plymouth Police Department to develop and enact a Blueprint for Safety Plan in dom estic violence cases. As a Hennepin County resident for over twenty years, Alina and her family have a vested interest in Hennepin County as a whole, and would be proud to serve Orono as a city prosecutor. Alina will work to ensure Campbell Knutson is efficiently meeting all of Orono expectations. ASSISTANT PROSECUTORS While Alina will provide prosecutorial legal services to Orono, our firm has several other attorneys who practice criminal prosecution and will be part of Orono prosecution team. Henry A. Schaeffer, III. Henry has a well-rounded legal background. He has over 29 years of experience in the area of criminal law in the State of Minnesota. He began his career as a defense attorney, including approximately 12 years of work for the First District Public Defender’s Office. He joined Campbell Knutson in 2005, and is an exclusive full-time prosecutor, having handled literally hundreds of court trials, and countless jury trials and contested evidentiary hearings. Having practiced successfully on both sides of the courtroom, Henry has gained uncommon insight and compassion in handling criminal cases. Practicing law since 1993, Henry’s practice has been focused in the Dakota County court system, making him exceedingly familiar with the presiding judges and court staff. He has earned a seat as a city prosecutor representative on the Dakota Criminal Courts Partners Workgroup (CCPW), and Dakota County Firearms Surrender Workgroup. In his current practice, he works closely with the patrol officers and investigators of multiple Police Departments. Henry is available 24/7 for consultation by officers and command staff, including probable cause detentions and bail recommendations to the Court. Henry currently sits on the Board of Directors of Legal Assistance of Dakota County, and is a two -time nominee, and the 2016 winner of the MADD Metro Prosecutor of the Year. Henry is experienced in providing legal training to police departments, including recent department-wide trainings to all officers at Burnsville Police Department concerning Minnesota’s new Use of Deadly Force law, Extreme Risk Protection Orders, and new cannabis laws. Henry is the firm’s “go-to” attorney for firearms issues, working on a daily basis with our police departments with questions and concerns about firearm returns and firearms transferee permits (permits to purchase). Jerome M. Porter. Jerome has dedicated the past 19 years to representing municipalities as a city attorney. Jerome started his legal career at the firm of LeVander, Gillen & Miller, P.A. in South St. Paul. When Jerome applied for the position he did not know he would be asked to prosecute for multiple cities. As luck would have it, prosecution turned out to be his passion and when faced with being moved into the firm’s civil division, Jerome transferred firms and joined Grannis & Hauge, P.A. with th e intention of practicing almost exclusively prosecution. In 2016, he joined Campbell Knutson, P.A., the premier prosecution firm in the 56 4 232370v2 metro. Nineteen years later, Jerome’s passion for prosecution has not faded, and he continues to grow in both his legal knowledge and acumen in regards to municipal prosecution. Jerome takes pride in the relationships that he has forged with individual police officers. These relationships are beneficial for both pretrial preparation and in court testimony. Jerome’s consistently positive attitude and desire to help endears him to both municipal clients and court personnel. Jerome has a vast breadth of legal knowledge pertaining to prosecution and ensures that municipal clients’ questions are not only answered, but the reasoning behind the answer is also explained. Jerome’s belief is that when the client understands the “why,” the willingness to follow the recommendation/advice is increased twofold. Jerome gives municipal clients peace of mind by providing correct legal advice in a timely fashion. Benjamin Colburn. Ben has been practicing law for more than 24 years in the Minnesota criminal and family court system. After law school, Ben served as a judicial law clerk for the Honorable Donald Rysavy and the Honorable Fred Wellmann in the Third Judicial District of Minnesota. Ben then practiced for 10 years as a private criminal defense and family law attorney representing clients throughout the State of Minnesota. For the last 13 years, Ben has been a criminal prosecutor. Ben joined Campbell Knutson in 2021 and focuses his practice exclusively as a prosecutor in criminal court. Ben has also served as a City representative on the Dakota County Violence Against Women Act (VAWA) grant oversight committee, and is currently a City Representative and helps staff the Domestic Violence Coordinated Community Response (DVCCR) work group in Dakota County. Ben also serves as an administrative hearing officer in Dakota County. Ben takes special pride in developing and maintaining relationships with law enforcement officers and city staff. Ben is available for consultation with law enforcement officers and city staff 24/7 and welcomes off-hour calls for questions, consultation, and bail settings. Cara McDonald. Cara has been a licensed attorney for 8 years. Cara has been with Campbell Knutson for two years, where she exclusively practices criminal prosecution. Cara attended William Mitchell College of Law, where she quickly developed a keen interest in criminal law. After graduating in 2016, she served as a judicial law clerk for both the Honorable Erik Askegaard of the Eight Judicial District and the Honorable Rex Stacey of the First Judicial District. Cara began her criminal law practice as a defense attorney, including a full-time position with the First District Public Defender’s Office. In this role, she handled hundreds of cases, ranging from misdemeanor traffic violations to felony homicide. She was in the courtroom on a daily basis, handling arraignments, jury trials, and everything in between. This position provided Cara with invaluable practical experience and insight, and it solidified her passion for criminal law. She was often assigned to defend cases that were prosecuted by Campbell Knutson. She was consistently impressed with the city prosecutors’ professionalism and genuine dedication to obtaining just outcomes. When the opportunity arose, she leapt at the chance to join the Campbell Knutson team. As a prosecutor, Cara believes strongly in consisten cy and personal accountability, and she strives to resolve cases in the manner that will best safeguard our communities. She aims to be a friendly, approachable resource for law enforcement officers and city staff. Meagan Kelley. Meagan is an associate attorney with Campbell Knutson since 2020. Meagan graduated from the University of Minnesota in 2014 with a Bachelor of Arts in Political Science. In 2017, she graduated from Mitchell Hamline School of Law. While attending law school , Meagan clerked in the Ramsey County Attorney’s Office where she handled adult felony cases at various stages of the criminal process. Prior to joining Campbell Knutson, Meagan served as a judicial law clerk for the Honorable Gary Bastian and the 57 5 232370v2 Honorable Adam Yang in the Second Judicial District of Minnesota. Meagan handles all forfeiture matters for our prosecution clients. Calvin Lee. Calvin has been hired to be the newest prosecutor at Campbell Knutson, and will join the firm in November 2024. Calvin is a graduate of the University of Minnesota Law School. Currently, he is a law clerk for the Honorable Peter Reyes of the Minnesota Court of Appeals. While attending law school, Calvin clerked in the Anoka County Public Defender’s Office where he represented clients on the bail and pre-trial calendars. He has experience in performing legal research in a wide array of civil and criminal litigation matters and writing legal memoranda in criminal law. PROSECUTION STAFF We have created and maintained an excellent relationship between our prosecution team and Hennepin County Court staff. Our case management software, PbK, is specially designed for prosecution, which enables us to professionally process a high volume of cases at minimal costs. Because of the administrative demands of criminal practice, it is crucial that city records staff, our office, and the courts maintain a smooth and effective working relationship. After 35+ years of partnering with law enforcement agencies and Hennepin County Courts, that system is now firmly in place. We are poised and eager to deliver the highest quality services for Orono. Collette Bassi will work as the lead prosecution assistant for Orono. Collette is knowledgeable, fast, and friendly. She is dedicated to providing exceptional service with a smile. Collette drafts formal complaints, prepares subpoenas for witnesses, and communicates with victims, the court, the police department, and attorneys on a daily basis. She is adept at handling the high volume of cases while still paying close attention to small details. In short, there is no one better suited than Collette to ensure that Orono’s cases are handled with the utmost care. Our team of highly experienced prosecution legal assistants – Collette Bassi, Nanette Eilers, Kelli Grund, Brenda Krage, Valerie Mickelson, Pamela Larson, and Sara Peterson – will assist whenever needed. [The rest of this page intentionally left blank.] 58 6 232370v2 Org chart Alina Schwartz Principal Prosecutor 19 years Henry Schaeffer 29 years Jerome Porter 19 years Ben Colburn 24 years Meagan Kelley 4 years Collette Bassi Lead Legal Assistant 9 years Supporting Legal Assistants Nanette Eilers 25 years Karen Bookler 22 years Kelli Grund 15 years Brenda Krage 27 years Pamela Larson 7 years Valerie Mickelson 30+ years Sara Lamers 5 years Cara McDonald 8 years Calvin Lee November 2024 ORONO PROSECUTION ORGANIZATIONAL CHART 59 7 232370v2 PROSECUTION SERVICES Our Prosecution team will provide Orono with the following services: General Criminal Prosecution. The Campbell Knutson prosecution team has a recognized excellence in delivering high quality prosecution services at highly competitive rates. We are equipped to handle Orono's cases from start to finish. Our prosecution team has handled all aspects of criminal litigation for decades. We will provide exceptional in-court representation. In the past thirty-five years, the firm has represented its prosecution client cities in thousands of jury trials, court trials and contested hearings. We deliver results. • Campbell Knutson’s prosecution team handles non-felony cases from start to finish. This includes reviewing for charging, drafting formal complaints, all discovery, any pretrial motions, preparation of all notices as required by the Minnesota Rules of Criminal Procedure, all pretrial hearings, and any jury or court trial. We handle any case initiated by the police departments, the Hennepin County Sheriff’s Office, the Minnesota State Patrol, the Department of Natural Resources, or any other law enforcement agencies for offenses occurring within our client cities. Attendance at Briefings, Officer Training and Legislative Updates. Our representation includes our attorneys regularly attending roll-call briefings with officers. We provide quarterly Post Board certified training geared towards new officers but open to all officers, at no cost to the City. We focus on report writing, court testimony, domestic abuse investigation techniques and procedural strategies, Brady/Giglio disclosures, social media awareness and the everchanging social and procedural challenges confronting law enforcement. We are committed to providing timely updates to our clients about the important state and federal changes that impact the criminal law and the provision of day-to-day police services, whether the changes arise from new legislation, executive mandates, or judicial decisions. Additionally, we provide an annual Minnesota legislative update of new laws affecting law enforcement. Finally, due to the nature of criminal prosecution, both prosecutors and police officers are in court a great deal. This provides an opportunity for an exchange of information about pending cases, and to build relationships of trust and confidence, which is reflected in a high rate of convictions and positive court outcomes. Due to the strong rapport we develop with officers, we are able to educate, inform, and mentor officers, and on occasion offer coaching to improve their performance, enhance public safety and build trust in the community. Availability/Response Time. We take extreme pride in client service. Officers are always able to reach us, day or night. Communication is the touchstone of a strong relationship. Our prosecutors’ telephone numbers are distributed to administrative staff and are posted in squad rooms. Officers routinely call our prosecutors after normal business hours with questions in the field, and on weekends particularly with respect to the 48-hour hold rule. Our prosecutors regularly participate in ride-alongs with officers to help understand our client’s culture and practices, to gain insight into local and distinctive patrol procedures, and to increase communication with the officers. 60 8 232370v2 We are accustomed to meeting strict deadlines imposed by the court. Our experience allows us to work diligently but quickly in providing formal complaints, discovery, and legal memoranda. We always file formal complaints, DANCO motions, and bail recommendations within the deadline for all in -custody defendants. Commitment to Prosecution. We have six attorneys who do nothing but prosecution, which no other private firm offers. We have never assigned a new associate to prosecution to “learn the ropes” or to gain “court experience” and then move on to more lucrative work in the private sector or doing criminal defense. On the contrary, prosecution has been and always will be a cornerstone of our practice which has been built brick-by-brick for the past 35+ years. APPROACH TO PROSECUTION SERVICES Campbell Knutson has always treated prosecution services as an integral component of our municipal representation. As part of our practice, we are accustomed to reviewing evidence and preparing criminal complaints when the facts warrant it. One of the core ethical tenants of prosecution work is to file charges only when we have sufficient admissible evidence to support a conviction beyond a reasonable doubt. If additional investigation is necessary before a charging decision can be made, we work closely with the police department to complete the investigation. We are committed to acting in the interests of justice. Our success is grounded on the following principles: Workload Management and Priority. As with any legal work, Campbell Knutson prosecution workloads vary from week to week. However, the management of priority obligations is one of the most important keys to the success and high quality of our partnership with the police departments. It is understood that questions need answers, and that time is of the essence. With six full-time prosecutors and a staff of eight efficient legal assistants, there is never a moment when our clients are unable to contact one of our lawyers or staff. Our attorneys are available 24/7 and understand that crime does not take off holidays and weekends or pause the need to have questions answered quickly and correctly. Campbell Knutson has always taken the approach that our prosecutors will be available to patrol officers and command staff around the clock. Crime, emergencies, and civil unrest often occur at night, and complicated situations often require immediate legal guidance in order to effectively and correctly manage emergency matters. Each weekend our six prosecutors will be available to Orono shift sergeants for processing required 48-hour detention probable cause statements. Criminal complaints for in-custody defendants are prioritized, processed and filed prior to the defendant’s first in-custody appearance in court before a judge, including drafting and filing of bail recommendations and proposed Domestic Abuse No Contact Orders in cases of domestic assault. Our legal assistants have an effective triage system for managing priority matters as they arise so that there is never a moment when our office would not be able to respond to and process a formal complaint request, or to petition the court for emergency relief in required situations. All calls are addressed immediately. Our attorneys have constant access to e-mail and texting capabilities for such purposes. We provide all police officers with a laminated card containing the phone number, cell phone number, and other electronic contact information of all of our prosecutors, so that there is never a moment when an officer in the field cannot access the legal answers required for rapidly developing and changing emergency situations. 61 9 232370v2 Victim-Centered Approach to Domestic Assault and Other Public Safety Matters. Our approach to plea bargaining centers on our clients, justice, and the victims of crime. We work closely with all crime victims throughout the court process. We contact crime victims directly in domestic assault cases and engage victim advocates for additional assistance. We seek the victim’s input to assist us in determining the proper outcome of the case. If during the course of investigation or prosecution we learn that charges are either erroneous or unfounded, we work to ensure that the case does not continue. It is a simple thing to demand a plea of guilty and insist on a trial if a guilty plea is not received. It becomes more diff icult when a victim pleads with you that she/he does not want you to force her/him to testify, that it will disrupt family harmony, have an adverse effect on the family’s employment status and income, and do irreparable damage to the family unit. We recognize that the inner workings of the justice system have tangible effects on the lives of victims. If a prosecutor fails to take these factors into account, the prosecutor is not attempting to do justice, but is blindly seeking convictions. We make every effort to learn what is important to crime victims to ensure plea negotiations best serve the interests of justice. Approach to Driving While Intoxicated Offenses. Our firm treats Driving While Intoxicated (DWI) offenses very seriously. We ensure that DWI offenders are prosecuted to protect public safety. All offenders are required to attend a Victim Impact Panel and obtain a Chemical Dependency Evaluation and follow those recommendations. For repeat offenders, we seek jail time, Electronic Home Monitoring (EHM), and significant fines. In the event an individual is a victim of a DWI offense, we seek restitution on his/her behalf. Approach to Theft Offenses. Our firm handles a high volume of both misdemeanor and gross misdemeanor theft offenses. We regularly meet with the officers to enhance the law enforcement response to shoplifters. In prosecuting these offenses, we focus on the number and type of prior offenses an offender has had. We also consider the reason the offender stole the items. Approach Regarding Driver’s License Offenses. Our firm deals with numerous defendants who are cited and arrested for repeat driver’s license offenses, such as Driving After Revocation, Driving After Suspension, and Driving After Cancellation. Several of our clients currently participate in the Driving Diversion Program (DDP). DDP provides defendants with the tools to obtain a valid driver’s license by putting overdue fines on a payment plan. This program is instrumental in helping defendants obtain insurance and have the ability to travel to work and school. The purpose of the program is to enable people to take responsibility for their past conduct, pay their debts, and get back on the road to becoming responsible citizens. If a defendant can successfully obtain a valid driver’s license, then we will generally resolve the case in a way that will allow the defendant to retain the valid driver’s license. If a defendant continues to drive without a valid license, then we will hold the offender accountable by seeking communit y work service, jail time, and fines to protect the traveling public. [The rest of this page intentionally left blank.] 62 10 232370v2 TECHNOLOGY We have invested heavily in our firm’s technology infrastructure and maintenance which facilitates our interactions with the police departments, the courts, and the defense bar. We engage a computer security service that delivers top-tier managed IT services so we continue to meet and exceed strict CJIS performance standards. ProsecutorByKarpel. Campbell Knutson invested in ProsecutorByKarpel in 2021. PbK is a powerful and sophisticated web-based case management system with over 11,000 users in over 400 pr osecution offices in 30 states, making it the most widely used prosecution software in the US. It is hosted in Microsoft’s Azure Government Cloud and meets strict requirements for CJIS, FedRAMP and HIPPA compliance. It is the only application that interfaces with the Minnesota Public Defender’s office ECM, for eDiscovery of all file types and sizes (including body worn cameras (BWC’s), squad videos, photos, audio and merchant proprietary security applications). In addition, PbK automatically integrates with MNCIS, echarging, and AXON/Evidence.com, which brings all data directly into related cases, without additional time and effort from the police departments’ records staff. CK Network/Research Capabilities. Campbell Knutson’s laptops and computer network are state-of- the-art. Each attorney has online access to all Minnesota and federal caselaw and legal research materials through Lexis on the internet. We have access to PbK, the CK Network, and all law enforcement databases from anywhere, including: ▪ MNCIS/MGA/MPARC – We were the first private firm to have non-public MNICS access as part of the first MNCIS pilot project in Carver County. ▪ BCA – We receive all computerized criminal history documents from the law enforcement agencies we represent. ▪ DPS/DVS – We have full access to all DVS records. ▪ eCharging – We became the first private firm to utilize eCharging of criminal complaints. Since 2009, we have eCharged thousands of complaints in six counties and four judicial districts. ▪ CK brief bank – We have briefed virtually every issue in criminal law. There is no need to re - create the wheel, to Orono’s benefit. ▪ DOC Portal/Statewide Supervision – we access jails, detention facilities and prison offender information. 63 11 232370v2 ADDITIONAL RELATED SERVICES The following legal services are outside Prosecution Services, but may be provided at the specific request of the City: Police Policies. As part of our commitment to comprehensive prosecution services, we are available to draft policy memoranda, review police policies, analyze policy changes, and provide updates on legislative changes dealing with mandated policies. Code Enforcement. We prosecute code violations for all of our prosecution clients and many of our civil clients. To accomplish compliance with city code provisions and city regulations, we emphasize communication with City staff and the development and implementation of a well -planned enforcement strategy that establishes deadlines and ensures timely follow -up by staff. Criminal Appeals. Campbell Knutson provides an experienced appellate practice team. We have argued and won many cases before the Minnesota Court of Appeals and Supreme Court. Alina Schwartz is our primary criminal appellate attorney. Alina has an outstanding record of success in dozens of cases. Contract and Agreement Drafting. Campbell Knutson has drafted and reviewed all types of agreements, contracts, and policies related to criminal matters. In responding to a document drafting or review request, our attorneys will draw on the firm’s expansive documents database to efficiently and effectively produce a quality product. Ordinance Drafting. We routinely assist our clients in drafting and implementing criminal ordinances. We take a proactive approach toward ordinance review and drafting. More than almost any other area, ordinance drafting can transform a seemingly insignificant word or phrase into a major unforeseen problem. Data Practices. Our attorneys will assist all the police department in responding to data practices requests and issues. We continually monitor statutory changes in the Minnesota Government Data Practices Act and review the administrative opinions on data practices issues. Vehicle Forfeitures. The firm has successfully handled thousands of vehicle forfeitures. Due to the volume of cases we handle, we put our clients on the cutting edge of new developments in the law, resulting in more forfeitures being sustained in the courts. [The rest of this page intentionally left blank.] 64 12 232370v2 COMPENSATION A. Annual Cap for Prosecution Services: 2025 $50,000 per year with hourly rates in Section C.1. below 2026 $55,000 per year with hourly rates in Section C.1. below 2027 $60,000 per year with hourly rates in Section C.1.below 2028 through the term of this contract. The annual Prosecution Services Cap, Hourly Rates, and Costs Cap will increase commensurate with the increase approved by the City to non -union employees for the term of this contract. B. Legal Fees For Additional Services: Legal fees for legal services not included in Criminal Prosecution Services: Upon request of the City, hourly rates set forth in Section C.2. C. Hourly Rates: We will send the City a monthly billing statement of the legal services provided. The minimum billing increment is 0.2 hour. We will bill at the following hourly rates: 1. Prosecution Services:  Attorneys $140.00  Legal Assistants/Law Clerks $100.00 2. Additional Services:  Attorneys $180.00  Legal Assistants/Law Clerks $110.00 D. Costs: Out-of-pocket costs without mark-up include:  Lexis (only if used for Orono matters)  postage of 50¢ or more  photocopies at 20¢ per page  color copies at 40¢ per page  court related costs, including court filing fees, expert witnesses (with prior consent of City), subpoenas, service of process, and court reporter fees  conflict attorneys’ fees and costs. 65 13 232370v2 STATEMENT OF COMPLIANCE WITH CIVIL RIGHTS LAWS The firm is fully compliant with state and federal laws, including EEOC, human rights, and data practices and agrees not to discriminate against any employee or applicant for employment on the basis of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, status with regard to public assistance or disability and to take affirmative action to assure that all employees are treated equally with respect to training, hiring, rates of pay and other forms of compensation. INSURANCE Campbell Knutson maintains comprehensive liability, professional liability, and workers’ compensation insurance on all staff. We maintain malpractice insurance through Minnesota Lawyers Mutual and have policy limits of two million dollars per claim and five million dollars aggregate. If the City requires a higher per claim limit, please let us know and we will adjust our coverage. We have not had any malpractice claims against the firm or any of our attorneys, and no member of the firm has been subject to disciplinary action by the Lawyers Professional Responsibility Board. A copy of our Insurance Certificate is attached as Exhibit C. MALPRACTICE CLAIMS AND ETHICS COMPLAINTS In the past five years, the firm has not been the subject of any malpractice claims, and the firm has not been sued by cities or other clients. Soren M. Mattick and Jared D. Shepherd have been the subject of a complaint to the Board of Professional Responsibility by a resident of the City of Orono, but the complaint was summarily dismissed as meritless, without warranting any investigation. Our clients have not filed any ethics complaints against any of the attorneys at the firm. The same resident from the City of Orono has also sued the firm, Soren, and Jared; the matter is pending in the Eight Circuit Court of Appeals after dismissal in the District Court. Separate from the firm’s civil practice, Campbell Knutson also provides criminal prosecution services. In that capacity, we have had occasional complaints filed against our firm’s attorneys by defendants that our firm was prosecuting. All of these complaints have been summarily dismissed, as the Board of Professional Responsibility determined the complaints did not warrant investigation. We can provide more information upon request. CONFLICTS OF INTEREST Campbell Knutson does not currently have any clients in conflict with Orono and has not represented any client in conflict with Orono. If such a situation develops where there is a conflict or perceived conflict we would follow the requirements and processes to provide both parties with proper representation. We do not practice criminal defense. We have procedures in place at Campbell Knutson to check prospective clients, criminal defendants and victims for conflicts prior to representation. If a conflict arises, we will not handle the case and instead find another qualified prosecutor to represent the City. 66 14 232370v2 RESEARCH CAPABILITIES AND REFERENCE SUBSCRIPTIONS Our firm maintains a contract with Lexis, which provides a wealth of legal resources. The research database provides us with access to state and federal legal resources. We also maintain a library at our office with statute books and other reference materials. Additionally, attorneys frequently attend Continuing Legal Education (CLE) seminars to obtain the most updated legal resources and tools. These resources allow our attorneys to efficiently meet deadlines for legal reports and memoranda; we always meet court filing deadlines. Available resources include: Lexis IPAD Advisory Opinions Black’s Law Dictionary IMLA Model Ordinance/Annual Supplement Minnesota Misdemeanor & Moving Traffic Violations Current Minnesota Rules of Court – State Current Minnesota Rules of Court - Federal Current Minnesota Session Laws Current Minnesota Statutes DMT Operator Training Booklet NHTSA – DWI Detection and Standardized Field Sobriety Testing DWI/Implied Consent Elements – MN Attorney General’s Office Minnesota Jury Instruction Guides - Criminal Minnesota Judges Criminal Benchbook 67 15 232370v2 CLES AND PROFESSIONAL ASSOCIATION ACTIVITIES CLE courses recently attended or to be attended by Prosecutors: Impaired Driving (New Laws, New Issues and New Decisions) at BCA Lab; Sponsor: MN County Attorneys Association The Prosecutors Toolkit for DWI Prosecution (Toxicology) at BCA Lab Sponsor: MN County Attorneys Association Trial Advocacy I Sponsor: MN County Attorneys Association Prosecutorial Error Sponsor: Hennepin County Attorneys’ Office Jury Selection: Psychology and Technology Sponsor: Hennepin County Bar Association Minnesota City Attorneys Educational Conference (Every Year) Sponsor: MN Government Training Services (Elliott Knetsch–Presenter) 6th Annual Suburban Hennepin County Prosecutors Association CLE Sponsor: Suburban Hennepin County Prosecutors Association Trials of the Century Sponsor: MN Continuing Legal Education Crystal Meth: Unlike Any Other Drug Addiction, Addicts and the Justice System Sponsor: MN State Bar Association (Criminal Law Section) Annual Suburban Hennepin County Prosecutors Association CLE Sponsor: Suburban Hennepin County Prosecutors Association Dakota County Bar Association CLEs – When Your Client is Impaired – Employment Law Seminar Making the System Work CLE (Ethics and Elimin. of Bias) Sponsor: Legal Assistance of Dakota County DWI – The Intoxilyzer Source Code Demystified CLE Sponsor: MN Continuing Legal Education Minnesota DWI Urine Testing: A Fluid Body of Law CLE Sponsor: Hennepin County Bar Association Tips to Avoid Common Courtroom Mistakes CLE Sponsor: Hennepin County Bar Association Criminal Law: Limiting Peremptory Challenges and Ethics (Impaired Clients) CLE Sponsor: MN Continuing Legal Education How to Effectively Prosecute and Defend DWIs in Minnesota Sponsor: MN Continuing Legal Education Ethics and the Practice of Criminal Law Sponsor: Minneapolis City Attorney’s Office 68 16 232370v2 PROSECUTION REFERENCES Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dave Callister, City Manager (763) 509-5000 dcallister@plymouthmn.gov Erik Fadden, Police Chief (763) 509-5188 efadden@plymouthmn.gov David Kuhnly, Deputy Police Chief (763) 509-5672 dkuhnly@plymouthmn.gov Shorewood 5755 Country Club Road Shorewood, MN 55331 Marc Nevinski, City Administrator (952) 960-7905 mnevinski@ci.shorewood.mn.us Brian Tholen, Police Chief (952) 474-3261 btholen@southlakepd.com Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dianne Miller, City Administrator (651) 675-5014 dianne.miller@cityofeagan.com Roger New, Police Chief (651) 675-5801 rnew@cityofeagan.com Andy Speakman, Deputy Police Chief (651) 248-9219 aspeakman@cityofeagan.com Lakeville 9237 183rd Street West Lakeville, MN 55044 Justin Miller, City Administrator (952) 985-4403 jmiller@lakevillemn.gov Brad Paulson, Police Chief (952) 985-4801 bpaulson@lakevillemn.gov South St. Paul 125 Third Avenue North #3 South St. Paul, MN 55075 Brian Wicke, Police Chief (651) 413-8301 bwicke@sspmn.org Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Laurie Hokkanen, City Manager (952) 227-1119 lhokkanen@chanhassenmn.gov Jason Kamerud, Sheriff Carver County Sheriff’s Dept. 606 East Fourth Street Chaska, MN 55318 (952) 361-1212 jkamerud@co.carver.mn.us Farmington 19500 Municipal Drive Farmington, MN 55024 Gary Rutherford, Police Chief (651) 280-6701 grutherford@farmingtonmn.gov 69 17 232370v2 Burnsville 100 Civic Center Parkway Burnsville, MN 55337 Gregg Lindberg, City Manager (952) 895-4465 gregg.lindberg@burnsvillemn.gov Tanya Schwartz, Police Chief (952) 895-4593 tanya.schwartz@burnsvillemn.gov Matt Smith, Deputy Police Chief (952) 641-1100 matt.smith@burnsvillemn.gov 70 18 232370v2 RESUMES ALINA SCHWARTZ Primary Contact Principal Prosecutor aschwartz@ck-law.com (651) 234-6220 PROFESSIONAL EXPERIENCE Alina joined the firm in 2005. Prior to joining Campbell Knutson, she served as a summer law clerk in the Criminal and Public Safety Divisions in the Minnesota Attorney General’s Office. She completed an externship with a Hennepin County District Court Judge and volunteered her legal services at the Volunteer Lawyers Network. PRACTICE AREAS Alina is a full-time prosecutor with Campbell Knutson. She handles all aspects of criminal cases – from the charging decision and briefing to the contested hearings and jury trials. She is also an appellate specialist, having successfully briefed and argued numerous criminal appeals in the Minnesota Supreme Court and the Minnesota Court of Appeals. PROFESSIONAL MEMBERSHIPS - American Bar Association - Hennepin County Bar Association - Minnesota State Bar Association - Suburban Hennepin County Prosecutors’ Association - Hennepin County Criminal Justice Taskforce - Hennepin County Domestic Violence Steering Committee - Dakota County Bar Association PRESENTATION - Presenter. Abatement, Civil Injunctions, and Criminal Prosecution: An Overview and Best Practices for Handling Tricky Code Violations (2024). EDUCATION William Mitchell College of Law J.D., cum laude National University of Chernivtsi, Ukraine M.A., cum laude BAR ADMISSIONS Minnesota 71 19 232370v2 HENRY A. SCHAEFFER, III Prosecution Associate hschaeffer@ck-law.com (651) 234-6214 PROFESSIONAL EXPERIENCE Henry began his 29-year legal career as a private practitioner in Apple Valley. He eventually became a named partner at McDonough, Wagner, Schaeffer and Ho where he practiced in the areas of family law and criminal defense. In 2000, he focused his career exclusively in criminal defense when he joined the full-time First District Public Defender’s Office. Henry joined Campbell Knutson as a full-time prosecutor in 2005, and now has nearly 20 years of prosecutorial experience under his belt as one of Campbell Knutson’s senior prosecutors. PRACTICE AREAS Henry is full-time prosecutor with Campbell Knutson. His background and passion for criminal law is invaluable in this position. Henry has handled thousands of criminal cases ranging from speeding tickets to first degree murder. Henry has an impressive litigation record including hundreds of court trials, and countless jury trials. PROFESSIONAL MEMBERSHIPS - American Bar Association - Suburban Hennepin County Prosecutors’ Association - Dakota County Bar Association Member - Dakota County Criminal Courts Partners Workgroup - Board of Directors Legal Assistance of Dakota County - Warren E. Burger Inn of Court (1995-1999) - Minnesota State Bar Association o Public Law Section and Criminal Section - Minnesota Association of City Attorneys - First District Bar Association EDUCATION William Mitchell College of Law J.D., magna cum laude Hamline University B.A., magna cum laude BAR ADMISSIONS Minnesota Supreme Court RECOGNITION MADD Metro Area Prosecutor of the Year 2016 72 20 232370v2 JEROME M. PORTER Prosecution Associate jporter@ck-law.com (651) 452-5000 PROFESSIONAL EXPERIENCE Jerome joined the firm in 2016 and practices in the area of criminal prosecution. He previously worked in criminal prosecution at LeVander, Gillen & Miller, P.A. in South St. Paul and later transferred firms and joined Grannis & Hauge, P.A. Sixteen years later, Jerome continues to provide criminal prosecution services to municipalities. PRACTICE AREAS For the past ten years, Jerome’s practice has been focused exclusively on criminal prosecution. PROFESSIONAL MEMBERSHIPS - Minnesota State Bar Association - Dakota County Bar Association - First Judicial District Bar Association - Dakota County Criminal Courts Partners Workgroup - Dakota County ICCR Pilot Program PRESENTATIONS - Presenter, DWI Science & Advocacy (2019): “Don’t Cross the Line: Ethics for DWI Lawyers” - Presenter, Minnesota Judicial Brach, Judicial Law Clerk CLE Seminar (2014): “A Practical Examination of a Legal Practitioner’s Ethical Obligation to Ensure that Litigation Remains Meritorious” EDUCATION William Mitchell College of Law J.D., cum laude St. John’s University B.A., cum laude BAR ADMISSIONS Minnesota U.S. District Court, District of Minnesota RECOGNITION Minnesota SuperLawyers® Rising Star: 2014, 2015, 2016, 2017, 2018, and 2019 COMMUNITY - Eagan High School Mentorship Program, Mentor (2012-Present) - Eagan Family Resource Center, Supervisor (2007-2011) - Mock Trial Coach, Eastview High School (2005-2008) - Eagan Athletic Association Coach (2016-Present) 73 21 232370v2 BENJAMIN COLBURN Prosecution Associate bcolburn@ck-law.com (651) 234-6231 PROFESSIONAL EXPERIENCE Ben’s 24-year career practicing law began as a Judicial Law Clerk for both the Honorable Donald Rysavy and the Honorable Fred Wellmann in the Third Judicial District of Minnesota. Ben then entered into private practice as a criminal defense and family law attorney representing individual clients in District Court throughout the State of Minnesota. For the last 14 years, Ben has been an exclusive criminal prosecutor representing numerous municipal entities in Dakota County Criminal Court and at the Minnesota Court of Appeals. PRACTICE AREAS Ben joined the Campbell Knutson law firm in 2021 and focuses his practice exclusively as a prosecutor in criminal court. Ben appears in court as a City Prosecutor for all aspects of a criminal case: Arraignments, Pretrial hearings, Omnibus hearings, contested Omnibus and Evidentiary hearings, Court Trials, Jury trials, Probation Violation hearings, and vehicle forfeiture hearings. PROFESSIONAL MEMBERSHIPS - Minnesota State Bar Association – Criminal Law Section - Minnesota State Bar Association – Family Law Section - Dakota County Bar Association EDUCATION William Mitchell College of Law, J.D. Carleton College, B.A. Lancaster University (U.K.) University of Wisconsin – Milwaukee BAR ADMISSIONS Minnesota 74 22 232370v2 CARA A. MCDONALD Prosecution Associate cmcdonald@ck-law.com (651) 234-6203 PROFESSIONAL EXPERIENCE Cara began her legal career as a judicial law clerk for the Honorable Erik Askegaard and the Honorable Rex Stacey. She entered the field of criminal law as a defense attorney, including a position as a full-time public defender. Cara has handled hundreds of criminal cases, ranging from traffic violations to homicide. PRACTICE AREAS Cara joined Campbell Knutson in 2022. She exclusively practices city prosecution. PUBLICATIONS Blurred Elements: The Nebulous Nature of Foreseeability, the Confounding Quality of Misfeasance, and the Minnesota Supreme Court’s Decision — Doe 169 v. Brandon, 41 WM. MITCHELL L. REV. 65 (2015). PROFESSIONAL MEMBERSHIPS - Minnesota State Bar Association - Suburban Hennepin County Prosecutors’ Association - Dakota County Bar Association EDUCATION William Mitchell College of Law J.D., cum laude University of Minnesota B.A., cum laude BAR ADMISSIONS Minnesota 75 23 232370v2 MEAGAN K. KELLEY Prosecution Associate mkelley@ck-law.com (651) 234-6227 PROFESSIONAL EXPERIENCE Prior to joining Campbell Knutson as a prosecution associate in 2020, Meagan served as a judicial law clerk for the Honorable Gary W. Bastian and the Honorable Adam C. Yang in the Second Judicial District of Minnesota. She previously clerked for multiple years at the Ramsey County Attorney’s Office. As a law clerk, Meagan was responsible for handling thousands of hearings for adult felony cases. She also completed an externship in municipal prosecution at Kelly & Lemmons, P.A. PRACTICE AREAS Meagan joined Campbell Knutson in 2019. She is a full-time prosecutor, regularly appearing in court to handle arraignments, pretrial hearings, contested omnibus hearings, and court trials. In addition, Meagan provides representation to cities on vehicle forfeitures. PROFESSIONAL MEMBERSHIPS - Minnesota State Bar Association - Suburban Hennepin County Prosecutors’ Association - Dakota County Bar Association EDUCATION Mitchell Hamline School of Law, J.D. University of Minnesota, B.A. BAR ADMISSIONS Minnesota RECOGNITION Dean’s List 76 24 232370v2 EXHIBIT A: CLIENT CITIES – POPULATIONS CK Civil Clients (Largest to Smallest) CK Prosecution Clients (Largest to Smallest) Cities Population Cities Population Plymouth* 81,026 Plymouth 81,026 Lakeville* 69,490 Lakeville 69,490 Burnsville* 64,317 Eagan 68,855 Edina 53,494 Burnsville 64,317 St. Louis Park 50,010 Inver Grove Heights 35,492 Prior Lake 27,617 Chanhassen 25,947 Chanhassen* 25,947 Rosemount 25,650 Elk River 25,835 Farmington 23,632 Farmington* 23,632 Hastings 22,154 Otsego 19,966 South St. Paul 20,759 Stillwater Township 19,394 Shorewood 7,783 Monticello 14,455 Empire 3,091 North Saint Paul 12,364 Tonka Bay 1,433 Mendota Heights 11,744 Greenwood 742 Big Lake 11,686 Randolph 481 Arden Hills 9,939 Vermillion 417 Orono 8,315 Total 451,269 Wyoming 8,032 Shorewood* 7,783 Zimmerman 6,189 * Civil and Prosecution Clients Falcon Heights 5,369 Elko New Market 4,926 Combined Population Civil and Prosecution Lindström 4,818 Clients 765,535 Watertown 4,629 Lonsdale 4,447 Mora 3,580 Braham 1,866 Dundas 1,754 Stacy 1,524 Shafer 1,155 Loretto 662 Woodland 496 Vermillion* 417 Total 586,878 77 25 232370v2 EXHIBIT B: INSURANCE CERTIFICATE 78 Date: October 14, 2024 Item: 8 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Accept Donation - Resolution 7512 1.Purpose: The purpose of this action is to gain approval to accept a donation. Robert and Gloria Rich has donated $100.00 to the police department as a thank you. 2.Background: The police department received a check for $100 as a thank you for providing house check to this resident. 3.Staff Recommendation: I recommend approval to accept the $100 donation. AGENDA ITEM COUNCIL ACTION REQUESTED Motion for approval of the $100 donation and be used toward the purchase of police equipment and/or training. Exhibits Resolution_Accepting_Donation Roberand Gloria Rich 10-14-24.docx 79 223250v2 RESOLUTION ACCEPTING DONATION WHEREAS,Robert and Gloria Richwishesto make a donationto the Cityof Orono (“City”) in the amount of $100 to the Orono Police Department; and WHEREAS,the City is generally authorized to accept donations pursuant to Minnesota Statutes § 465.03 et seq. for the benefit of its citizens; and WHEREAS,the City desires to accept the donation; and WHEREAS,the donation has been contributed to the City for the benefit of its citizens; and WHEREAS, Minnesota Statutes § 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution of the governing body by two- thirds of its members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The donations described above are accepted and shall be used according to the terms of the donation, as allowed by law. 2. The City clerk is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donation. ADOPTED this 14 day of October, 2024, by the City Council of the City of Orono. CITY OF ORONO By: _______________________________ Its Mayor ATTEST: ______________________________ Its City Clerk CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7512 80 Date: October 14, 2024 Item: 9 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Purchase Police Vehicles 1.Purpose: The purpose of this action item is to gain approval to purchase 2025 police vehicles. 2.Background: The police department has budgeted for the replacement of three police vehicles in 2025 and is requesting to order three vehicles. The police department is requesting to place an order for three 2025 Ford Police Interceptor AWD SUV's. The order for the Ford Interceptors was placed several weeks ago and is waiting to be confirmed when/if approved by Council. The window to place orders was opened for a limited time. Expected deliver for this would be April to June 2025. These purchases would replace a 2019 Dodge Durango and two 2020 Dodge Durango's. All of these vehicles are currently being used and will continue to be used until they are to be replaced. The vehicles will be sold when decommissioned at the auto action or to Guardian Fleet Safety. 3.Cost: The City was able to coordinate with a dealership in St. Cloud for the purchase and delivery of these vehicles at MN state contract pricing. Dealership Make Model Quote Tenvoorde Ford - St. Cloud Ford Police Interceptor AWD SUV $43,612.94 4.Funding: This purchase will be funded through the Automotive Equipment line of the police budget. The Automotive Equipment line budgeted $200,000 for the purchase of squads, equipment and set-up of these vehicles. 5.Staff Recommendation: I recommend the purchase of three Ford Police Interceptor AWD SUV's from Tenvoorde Ford in St. Cloud for $43,612.94 each. AGENDA ITEM 81 COUNCIL ACTION REQUESTED Motion to approve the purchase of three police squad cars and the sale /auction of the vehicle that these will replace. Exhibits 2025 Ford Police Interceptor Quote.pdf 82 83 Date: October 14, 2024 Item: 10 Presenter: Maggie Jin, Finance Director Section: Consent Agenda Title: Capital Equipment Lease Approval 1.Purpose: The purpose of the action item is to gain approval for staff to enter a lease agreement with Huntington Bank for the purchase of the new brush medical response utility for the Orono Fire Department. 2.Background: On August 28, 2023 the Council approved the purchase of the new brush medical response utility. The Council also directed staff to obtain competitive lease proposals for the financing of the vehicle. Staff contacted Huntington Bank and Community Leasing Partners for proposals. Bridgewater, the City’s current bank, does not offer lease programs. Staff reviewed proposals by Community Leasing Partners and Huntington Bank. The rates are as follows: Financial Institution Rate Term Interest Amount Huntington Bank 4.31%5 years $27,551 Community Leasing Partners 5.69%5 years $29,065 3.Cost: Funding will be from the Fire Capital Fund. The total cost of the lease will be the amount of the interest, $27,551, with an additional $250 documentation fee. 4.Staff Recommendation: Staff recommends that Council grants staff the authority to negotiate and enter into a lease with Huntington Bank based on the attached term sheet. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to allow staff to negotiate and enter into a lease agreement with Huntington Bank. Exhibits Exhibit A. Term Sheet and Payment Schedule 84 TERM SHEET DATE: October 9, 2024 TYPE OF TRANSACTION: Lease-Purchase Agreement (the “Lease”) LESSEE: City of Orono, Minnesota LESSOR: Huntington Public Capital Corporation or related subsidiary ESCROW AGENT: The Huntington National Bank (if needed). FINANCED AMOUNT: $225,259 USE OF PROCEEDS: To finance purchase of equipment for the fire department (the “Equipment”) STRUCTURE/SECURITY: The Lease shall be payable from legally available revenues of the Lessee. Pursuant to the Lease documentation, the Lessee shall hold title to the Equipment and grant Lessor a continuing, first prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto. TAX STATUS: Tax-Exempt, Bank Qualified COMMENCEMENT DATE: TBD If escrow funding is required, the Financed Amount will be deposited with the Escrow Agent on the Commencement Date for the benefit of the Lessee. As Equipment is delivered to and accepted by the Lessee, disbursements will be made by the Escrow Agent at the direction of the Lessee and with the written approval of Lessor TERM: Either 5, 6, or 7 years PAYMENT FREQUENCY: Semi-Annual in advance INTEREST RATE: 5-Year: 4.31% 6-Year: 4.31% 7-Year: 4.33% RATE ADJUSTMENT: If the funding of the Lease has not occurred by November 30, 2024, then the Interest Rate and payment will be adjusted to maintain Lessor’s economics as of the date of issuing this Term Sheet. FEES: Documentation Fee: $250.00 Escrow Fee, if needed: $500.00 PREPAYMENT OPTION: The Lease may be prepaid at any time (in whole, but not in part) at a price equal to the then outstanding balance (“Balance”), plus accrued interest, plus a prepayment premium calculated as follows: 3% of the Balance if paid in the first 12 months of the Lease Term; 2% of the Balance if paid in the second 12 months of the Lease Term; and 1% of the Balance if paid after the second 12 months of the Lease Term. INSURANCE: Lessee, at its own expense, will provide insurance naming Lessor as loss payee and additional insured. 85 Term Sheet for Lease-Purchase Financing Page 2 WARRANTIES: Lessor makes no warranties expressed or implied. Lessee’s sole warranty rights are any provided by the Equipment vendors and/or manufacturers. NET LEASE: Lessor is not a manufacturer or dealer of equipment. All maintenance, license fees, taxes, insurance, and any other costs related to ownership and operation of the Equipment shall be the responsibility of Lessee. DOCUMENTATION: Lessor contemplates using standardized documentation and intends to use in -house legal counsel. Huntington will require that an opinion of tax exemption be provided at closing. If this transaction necessitates that the Lessor use outside legal counsel or incur any other extraordinary expenses, such costs shall be borne by Lessee. CREDIT APPROVAL: The terms set forth herein reflect a proposed, preliminary structure and are subject to final credit approval by Lessor and the negotiation of mutually acceptable documentation. They do not represent all of the terms and conditions that may ultimately be included in a financing between Lessee and Lessor. PROPOSAL EXPIRATION: This proposal shall expire at Lessor’s option if (a) Lessor has not received the Lessee’s written acceptance by October 16, 2024; or (b) if the funding does not occur on or before November 30, 2024. HUNTINGTON CONTACT: Jonathan K. Schatz, Assistant Vice President Huntington Public Capital Phone: (414) 351-8503 Email: Jonathan.k.schatz@huntington.com Respectfully Submitted, ACCEPTED BY: City of Orono, Minnesota Signature Printed Name Title Date Huntington Public Capital® ("HPC"), a division of The Huntington National Bank (the "Bank"), is providing the information con tained in this document for discussion purposes only in connection with an arm's -length transaction under discussion between you and HPC. If you are a "municipal entity" or "obligated person" within the meaning of the municipal advisor rules (the "Rules") of the Securities and Exchange Commission, Rule 15Ba1-1 et seq. this information is provided to you pursuant to and in reliance upon the "bank exemption," and/or other exemptions and/or the "general information" exclusion provided under the Rules. HPC is acting for its own interest and has financial and other interests that differ from yours. HPC is not acting as a municipal advisor or financial advisor, and has no fiduciary duty, to you or any other person pursuant to the Rules. The info rmation provided in this document is not intended to be and should not be construed as "advice" within the meaning of the Rules. HPC is not recommendi ng that you take or refrain from taking any action with respect to the information contained in this document. Before acting on this information, you should discuss it with your own financial and/or municipal, legal, accounting, tax and other advisors as you deem appropriate. As used in this notic e, the "Rules" means Section 15B of the Securities Exchange Act of 1934, the Securities and Exchange Commission's Rule 15Ba1-1, et seq., and any related municipal advisor rules of the Municipal Securities Rulemaking Board, all as they may be amended from time to time. 86 Term Sheet for Lease-Purchase Financing Page 3 Estimated Debt Service Schedules: 5 YEARS Grand Totals 252,810 27,551 225,259 24,747 10 11/19/2029 25,281 534 24,747 0 9 05/19/2029 25,281 1,055 24,226 72,688 8 11/19/2028 25,281 1,566 23,715 48,973 7 05/19/2028 25,281 2,067 23,214 118,627 6 11/19/2027 25,281 2,556 22,725 95,902 5 05/19/2027 25,281 3,036 22,245 162,648 4 11/19/2026 25,281 3,505 21,776 140,872 3 05/19/2026 25,281 3,964 21,317 204,832 2 11/19/2025 25,281 4,414 20,867 183,965 1 05/19/2025 25,281 4,854 20,427 Loan 11/19/2024 225,259 Date Payment Interest Principal Balance 6 YEARS Grand Totals 258,048 32,789 225,259 21,046 12 11/19/2030 21,504 458 21,046 0 11 05/19/2030 21,504 898 20,606 61,824 10 11/19/2029 21,504 1,332 20,172 41,652 9 05/19/2029 21,504 1,758 19,746 100,900 8 11/19/2028 21,504 2,174 19,330 81,570 7 05/19/2028 21,504 2,582 18,922 138,345 6 11/19/2027 21,504 2,981 18,523 119,822 5 05/19/2027 21,504 3,372 18,132 174,226 4 11/19/2026 21,504 3,755 17,749 156,477 3 05/19/2026 21,504 4,129 17,375 208,609 2 11/19/2025 21,504 4,496 17,008 191,601 1 05/19/2025 21,504 4,854 16,650 Loan 11/19/2024 225,259 Date Payment Interest Principal Balance 87 Term Sheet for Lease-Purchase Financing Page 4 7 YEARS Grand Totals 263,536 38,277 225,259 18,417 14 11/19/2031 18,824 407 18,417 0 13 05/19/2031 18,824 789 18,035 54,105 12 11/19/2030 18,824 1,171 17,653 36,452 11 05/19/2030 18,824 1,545 17,279 88,296 10 11/19/2029 18,824 1,912 16,912 71,384 9 05/19/2029 18,824 2,270 16,554 121,053 8 11/19/2028 18,824 2,621 16,203 104,850 7 05/19/2028 18,824 2,964 15,860 152,437 6 11/19/2027 18,824 3,300 15,524 136,913 5 05/19/2027 18,824 3,629 15,195 182,505 4 11/19/2026 18,824 3,951 14,873 167,632 3 05/19/2026 18,824 4,266 14,558 211,312 2 11/19/2025 18,824 4,575 14,249 197,063 1 05/19/2025 18,824 4,877 13,947 Loan 11/19/2024 225,259 Date Payment Interest Principal Balance 88 Date: October 14, 2024 Item: 11 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Title: Replace Vehicle - Sewer Cleaning Truck 1.Purpose: To replace unit 712 a 2001 Vactor combo sewer and pipe cleaning truck with over 140,000 miles, with a 2025 Eco combo sewer and pipe cleaning truck, including hydro excavating capabilities 2.Background: 712 is a Sanitary Sewer and Stormwater cleaning truck that is used in all departments, primarily in Sewer and Stormwater department. The truck has over over 140,000 miles and used to support Public Works operations This truck cleans sewage lift stations and pipes, vacuums up debris around underground utilities during water and sewer breaks, and cleans storm sewer sump catch basins to reduce debris entering our lakes and ponds. 3.Options: Continue daily use and delay replacement and have higher operating and maintenance costs. The city received quotes, listed below, for a new combo cleaning truck including allowance for trade in of existing equipment from Flexible Pipe Tools & Equipment and McQueen Equipment. Both are state contractor. Both companies have to order items with extended lead times. 4.Cost: The city received quotes, listed below, for a new combo cleaning truck including allowance for trade in of existing equipment from Flexible Pipe Tools & Equipment and McQueen Equipment. Both are state contractor. Both companies have warned us that they have extended lead times. Company Model / Description Cost McQueen Equipment Chassis, Body and related components $596,000.00 Flexible Pipe Chassis, body and related components $587,882.00 5.Funding: This replacement will be funded through the equipment fund. This replacement was identified in the 2024 Capital Improvement Plan (CIP) for $605,000. 6.Staff Recommendation: I recommend that the council accept the quote from Flexible Pipe Tools & Equipment for $ 587,882.00 AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve quote from Flexible Pipe Tools & Equipment for the replacement of unit 712 for a total of $ 587,882.00 89 Date: October 14, 2024 Item: 12 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Title: Final Pay Request - 2023 Street Improvement Project-Fox Street Project 21- 040 1.Purpose: The purpose of this action item is to approval the final payment to Bituminous Roadways for the 2023 Street Improvement construction contract. 2.Background: At the April 11th, 2022 Council Work Session, the Council provided direction for 2023 street projects. The streets identified for 2023 were Fox Street (Brown to Orono Orchard) and Townline Road. Townline Road was completed in a separate joint project with Independence and Medina. Staff received bids for the Fox street project and the project which was awarded to Bituminous Roadways on May 8th 2023. Work was substantially completed in 2023 with final restoration and punch list items completed in 2024. 3.Scope: The project consisted of the reclamation and mill & overlay of the bituminous pavement, select subgrade corrections, and the replacement / improvement of the associated stormwater systems for Fox Street between Orono Orchard Road and Brown Road. 4.Cost: The contract amount including change orders was $268,261.00 The total work completed under the contract is $258,342.23. Pay request #4/Final is for $2,996.25. This amount includes a release of retainage. 5.Funding: The project was primarily funded by the Pavement Fund with additional funding from Stormwater Fund. Fund Construction Costs Pavement Fund $ 252,486.23 Stormwater Fund $ 5,856.00 Total $ 258,342.23 6.Staff Recommendation: The work associated with the contract has been completed and the project closeout documents received. I recommend approval of the payment to the contractor. AGENDA ITEM COUNCIL ACTION REQUESTED 90 Move to approve payment of $2996.25 to Bituminous Roadways and to close out the 2023 Street improvement Project Exhibits A. Pay Application 4 Final.pdf 91 Contractor:Bituminous Roadways Estimate Number: Final Name of Project: 2023 Fox Street Application Date:10/1/2024 Pay Period:Final % COMPLETED AFTER THIS ESTIMATE……………………………..………..………………………...…………………………..100.0% ORIGINAL CONTRACT AMOUNT ……………………..…………………………………..………………………………268,261.00$ CHANGE ORDERS/EXTRA WORK: No.Description Quantity Overruns Quantity Underruns TOTAL ADDITIONS……………………………………………….………………………..………………………………..-$ SUB TOTALS………………………………………………………………………...……………...………………………………268,261.00$ TOTAL DEDUCTIONS……………………………………………………………..……………….……………………………….-$ CONTRACT AMOUNT TO DATE……………..…………………………….…………..…………………………………………..268,261.00$ TOTAL COMPLETED TO DATE…………………………………………………….……………..……..………………………………..$258,342.23 MATERIALS STORED………………………………………………………………………..…………………………………-$ TOTAL COMPLETED AND STORED TO DATE………………………………………...…………………….……………………………………..258,342.23$ LESS RETAINAGE………………………………………………………………..….……………………..…………………... -$ TOTAL EARNED LESS RETAINAGE…………………………………………..……………..………….……………………..……..…258,342.23$ LESS PREVIOUS PAYMENTS: Est. No.1 Amount Est. No.Amount Est. No.2 Amount Est. No.Amount Est. No.3 Amount Est. No.Amount Est. No.Amount Est. No.Amount Est. No.Amount Est. No.Amount Est. No.Amount Est. No.Amount Total Estimates 255,345.98$ AMOUNT DUE THIS ESTIMATE……………………………………………...………………………………………..………………….…2,996.25$ Payment requested by:Approved and recommended for payment by: Bituminous Roadways Bolton & Menk, Inc. Contractor Representative Project Engineer By: . By: Jeff Weyandt . Date: . Date: 10/1/2024 . H:\ORNO\0C1127613\7_Construction\D_Pay Applications\[0C1127613 Pay Application.xls]Estimate Final -$ -$ -$ -$ -$ -$ 220,734.65$ -$ 12,282.10$ -$ 22,329.23$ -$ Additions Deductions -$ -$ -$ -$ 92 Contractor: Bituminous Roadways Application Number:Final 2023 Fox Street Improvements Application Date:10/01/24 Application for Payment City of Orono BMI Project Number:0C1.127613 A B C D E Item Description of Work Original Unit Bid Original Total Total Amount No.Plan of Price Contract Quantity Amount Quantity Completed Quantity Measure Amount this App.this to Date to Date App. (B x D) (B x E) 1 MOBILIZATION 1 LS $10,000.00 $10,000.00 $0.00 1.00 $10,000.00 2 TRAFFIC CONTROL 1 LS $4,000.00 $4,000.00 $0.00 1.00 $4,000.00 3 REMOVE AND DISPOSE PIPE (ANY SIZE, ANYTYPE)46 LF $20.00 $920.00 $0.00 45.00 $900.00 4 MILL BITUMINOUS PAVEMENT (THICKNESS VARIES)8,140 SY $1.40 $11,396.00 $0.00 9255.00 $12,957.00 5 CRACK REPAIR 300 LF $9.20 $2,760.00 $0.00 0.00 $0.00 6 COMMON EXCAVATION (PATCHING) (CV)75 CY $20.00 $1,500.00 $0.00 65.00 $1,300.00 7 COMMON EXCAVATION (CV) (P)1,050 CY $18.00 $18,900.00 $0.00 1050.00 $18,900.00 8 GRANULAR BORROW 750 TON $20.00 $15,000.00 $0.00 1337.74 $26,754.80 9 AGGREGATE BASE, CLASS 5 (100% CRUSHED)1,100 TON $16.00 $17,600.00 $0.00 916.36 $14,661.76 10 AGGREGATE SURFACING, CLASS 2 50 TON $43.00 $2,150.00 $0.00 76.08 $3,271.44 11 TYPE SP 9.5 WEAR COURSE MIX (2,B)1,400 TON $83.00 $116,200.00 $0.00 1314.31 $109,087.73 12 TYPE SP 12.5 NON-WEAR COURSE MIX (2,B)230 TON $78.00 $17,940.00 $0.00 274.45 $21,407.10 13 TYPE SP 12.5 NON-WEAR COURSE MIX (2,B) (PATCHING)70 TON $200.00 $14,000.00 $0.00 50.00 $10,000.00 14 GEOGRID 2,100 SY $2.25 $4,725.00 $0.00 2022.00 $4,549.50 15 18-INCH HDPE, Corrugated dual-wall 46 LF $66.00 $3,036.00 2.00 $132.00 47.00 $3,102.00 16 RIPRAP CL. III 20 TON $95.00 $1,900.00 3.00 $285.00 23.00 $2,185.00 17 HYDRAULIC MULCH WITH SEED MIXTURE 25-151 1,530 SY $2.65 $4,054.50 $0.00 1530.00 $4,054.50 18 TOPSOIL (LV)260 CY $55.00 $14,300.00 $0.00 96.70 $5,318.50 19 SILT FENCE 1,500 LF $2.05 $3,075.00 $0.00 1510.00 $3,095.50 20 LANDSCAPING 1 ALLOWANCE $2,000.00 $2,000.00 $0.00 0.00 $0.00 21 4" DOUBLE YELLOW, EPOXY 3,950 LF $0.71 $2,804.50 $0.00 3940.00 $2,797.40 $268,261.00 $417.00 $258,342.23 Current Pay Application 93 Date: October 14, 2024 Item: 13 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Title: Final Pay Request - 2024 Sanitary Sewer Improvement Project 24-014 1.Purpose: The purpose of this action item is to approval the final payment to Hydro Klean for the 2024 Sanitary Sewer Improvement construction contract. 2.Background: At the February 26, 2024 Council awarded the 2024 Sewer improvement project to Hydro-Klean. Work is now completed. 3.Scope: The project included the lining of 4,500 feet of sewer main withe Cured In Place Pipe (CIPP). 4.Cost: The contract amount was $191,747.97. The total work completed under the contract is $181,779.17. Pay request #3/Final is for $32,416.21. This amount includes a release of retainage. 5.Funding: The project was funded by the Sanitary Sewer Fund. 6.Staff Recommendation: The work associated with the contract has been completed and the project closeout documents received. I recommend approval of the payment to the contractor. AGENDA ITEM COUNCIL ACTION REQUESTED Move to approve payment of $32,416.21 to Hydro-Klean and to close out the 2024 Sanitary Sewer Improvement Project Exhibits A. Pay Request 3/Final.pdf B. 2024 CIPP Figures.pdf 94 95 96 404440404044 3990 3865389539253995 1645 1685 1687 1680 1735 1729 3905 1635 1675 3845 38253855 13761374 13681368 13691367 1361 1388 1390 1254 1254 1295 1331 1359 1300 1350 1360 1345 1290 1355 1377 1376 4005 4009 4017 4075 4079 40914099 41014105 4109 414941564167 4175 4174 41664150 41484140 4132 4109 4140 4056 4000 1505 1493 1477 1461 1453 1437 1421 4051 4041 1535 4125 4064 4104 4116 4108 4040 1395 1310 1305 1317 1370 1305 1385 1260 1270 1300 13101318 1360 1370 1390 1375 1380 1330 1280 38263838 3860 1400 1430 1450 1470 3928 3926 3908 1415 1435 1445 1475 39071520 1545 38333833384338603883 3898 3820 1525 1535 1535 1545 395039703980 1570 1560 1550 1540 1530 1520 1510 1510 1410 3884 3898 3925 3883 3852 3825 3855 3860PARK DRCHERRY AVE HIGHW O O D R D MINNIE AVEMAPLE PLCHERRY PLNOR T H S H O R E D R SPRUCE PL NORTH SHORE DRNORTH ARM DRNOR T H S H O R E D R NO R T H A RM DRHIGHWOODLA2-199 2-198 2-197 2-122 2-239 2-240 2-105 2-94 2-95 LS-18 18-1 18-2 18-3 18-4 45-21 45-20 45-25 45-24 18-5 45-26 975993 800 830 860 805 815 825 835 855 875 895 4265 998 1000 1003 995997 999 1001 4505 4455 1003 1180 1150 1140 4445 1186 1080 4460 4450 4440 1146 1085 1045 1035 1025 4455 4465 4470 1090 4480 1131 1134 1006 1074 4415 1170 1160 4475 1270 1214 1200 1261 4640 1220 1240 WILDHURST TRFO R E S T A R M S L A FO R E S T L A K E L A N D I N G WILDHURST TR GARD E N C T 2-108 2-149 2-151 2-150 17-14 17-11 17-12 17-10 R FEETSCALE 0 150 300 HORZ. R FEETSCALE 0 150 300 HORZ.H:\ORNO\0C1132565\CAD\C3D\FIGR-132565-2024 CIPP.dwg 1/18/2024 10:31:44 AMR 2024 CIPP City of Orono Figure 1 January 2024 ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR 97 3156 3130 2237 2213220521992195 2177 2189 3590 3488 3505 3473 2227 2229 3585 35543572 3596 3405 2380 2364 2377 3365 3369337533853393 33993405 2205 2215 2225 2245 2253 2265 2275 2305 2250 2240 2215 3220 3320 3324 2344 2338 2328 2318 2314 23062300 2314 2324 2336 2336 3326 2341 2200 2230 2350 3215 3225 3285 3265 3245 2300 3300 3240 3280 2308 2304 2260 3286 3290 3128 3159 3171 3167 3163 3159 3155 37243722372037163714371237103706370437023700 3755 3715371337113707370537033701 373137333735 37393741374337453747374937513770 2130 2140 2150 2160 3235 3215 3205 3255 3295 3265 3285 3309 3315 3325 3329 3339 3345 3349 33553359 2190 2180 2170 3335 2175 2240 2232 2224 2216 2208 2200 2190 2184 2178 2172 2166 2142 2138 2118 2106 2130 3601 2171 2195 2296 2293 34433449345734653473347734853493 3472 3460 3452 3444 3438 3436 3422 3414 35253533355535933599 3596 3580 3556 3520 3508 350535253533354135513559357735853599 3554 3536 3520 3508 3500 3433343534433445347534773495 3496 3472 3468 3444 3438 3422 3408 34083408 340734153435 3445 3447 2264 2256 2248 2259 2245 37703770 3842 3848 3854 3860 3866 3872 3884 3890 3901 3901 3901 3886 3888 3880 3865 3859 3853 3847 3841 3835 3829 3801 3800 3802 3820 3836 3845 3860 3844 38293837 3813 3812 3801 3800 3811 2055 3878 3880 3830 3830 3870 3877 38103816 38133829 3842 3845 3852 3877 3862 3883 38613877 3893 3900 390839163924 3900 2258 3913 3901 38723876 3801 3829 38223832 3900 391039143916 2242 3916 3800 3800380438103826 3731 3765 3781 3791 3701 3746 3812 38183824 2059 2063 2067 3806 3800 3836 1940 1966 1972 1978 1990 1998 2000 2016 2024 2032 2040 2080 3790 3780 3800 3800 3760 3740 3720 37003710 3690 3680 36603670 36373645 3675 3655 3685 3795 3785 3765 2100 2092 2117 3745 3640 3600 3725 3705 2060 3880 3700 2345 3630 3635 3680 36403670 2255 2265 2285 3600 363036403650366036703680 3692 3690 3650 3640 3697 3695 3685 3675 3665 3655 3775 3780 3760 3726 SH A D Y W O O D R D TOGO RD LYRIC AVE CRYSTAL BAY RD BA Y V I E W P L NAVARRE LACRYSTAL PL NORTHERN A V E LIVINGSTON AVE BLAINE AVEOL I V E A V E Livi n g s t o n C t LIVINGSTON AVELYRIC AVEKENWOOD WAYLA F A Y E T T E R I D G E C TSHADYWOOD RD X 43 45-57 44 45-58 45 45-39 214 46-6 213 46-5 212 46-4 211 46-3 507 46-2 50 46-38 51 46-1 242 49-14 241 49-13 236 49-11 R FEETSCALE 0 150 300 HORZ.H:\ORNO\0C1132565\CAD\C3D\FIGR-132565-2024 CIPP.dwg 1/18/2024 10:32:03 AMR 2024 CIPP City of Orono Figure 2 January 2024 ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR 98 216 235 219 1950216 216 232 248 264 197196 200 192 249 184 170 156 142 128 114 1945 1961 1975 1989 225 2400 2565 2445 2525 2485 2650 2675 2640 160 140 120 170 140 126 185 155 141 125 109 95 81 65 51 35 35 2480 952425 80 96 66 50 36 22 2440 2420 2400 41 51 65 40 80 120 160 200 155 125 2590 270 190 177 2380 2245 2340 2350 2340 2330 23202325 2335 2345 23652385 5 15 116 60 24202450 24302460252025702600 2425 2485252525752605 2645 2630 2643 20 130 105 115 25 21452185 145 2200 2010 2150 2135 2165 2075 2165 2255 10 2380 2320 2325 2280 2240 226523152375 187 173 159 145 131 106 114 128 142 156 170 180 68 1990 1935 77 1980 19851995 107 1984 55 18 10 243 210021122122 234 20382056216 204320512065 296 284 264 246 234 2182 2162 237 245 263 281 293 221 2020 1992205196 231 22502268 232 234 2230 1992265 241253263 275 297 278 266 256 244 281 269 253 237 2208 2296 2298 2280 2260 85 95 105 111 121 131 145 153 173 155 141 129 115 92 114 164 184 174 160 148 136 124 112 100 88 78 66 50 189 178 175 167 157 143 129 123 105 87 75 2206 148 65 55 2157216521732185 2101 21752167 2167 2153 2143 2125 73 45 25 15119 7 12 16 18 32 38 42 56 82 2101210921152145 57 162 2166 2164 134 2167 2159 120 98 80 58 189 2147 2137 2125 2115 2103 2093 2128 2114 2152 2142 2130 2120 2108 2098 2086 2074 2100 2050 2101 2038 21602158 2162 2156 20 Devin La Colin DrTruffula TrThoroughbred La Woodhaven Dr Golden View DrHACKBERRY HILLGLENDALE DR Creek Ridge Pass FIRE STATION DR WILLOW DR NELM LA MAPLE LA GL ENDA L E COV E LA LA 2 LA-4 LA-3 LA-8 LA 9 XX R FEETSCALE 0 150 300 HORZ.H:\ORNO\0C1132565\CAD\C3D\FIGR-132565-2024 CIPP.dwg 1/18/2024 10:32:24 AMR 2024 CIPP City of Orono Figure 3 January 2024 ##-## ### LEGEND = NEW MH # = EXISTING MH # X = SPOT REPAIR 99 Date: October 14, 2024 Item: 14 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Title: Replace Sidewalk and Curb - City Hall 1.Purpose: The purpose of this action item is to gain Council approval for replacement of broken concrete sidewalk panels and concrete curbing. 2.Background: The city routinely inspects sidewalk and curb through out the city. City Hall campus was identified this year as need some replacements. 3.Scope: The identified area will be removed and pored with new concrete and sealed after curing. City Hall, Police Dept. and Council Chamber access will be maintained during this project. 4.Cost: Public Works received quotes for the maintenance project. A summary of the quotes received are listed in the table below. The lowest quote was from Q3 contracting for $ 16,794.92 Contractor Total Quote MEB Enterprises $ 24,324.25 Q3 Contracting $ 16,794.92 5.Funding: The project will be funded from the facility capital budget 6.Staff Recommendation: I recommend acceptance of the quote provided by Q3 Contracting for $16,794.92 AGENDA ITEM COUNCIL ACTION REQUESTED Motion to authorize Q3 Contracting to complete the city hall campus concrete maintenance project for $16,794.92 100 Date: October 14, 2024 Item: 15 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Title: Repair Stormwater Drainage - Kenobi Pond 1.Purpose: The purpose of this action item is to gain Council approval for storm pond maintenance of Kanobi Pond 2.Background: The city routinely maintains our storm ponds as part of our MS 4 requirements, to remove silt and debris reestablish water flow. 3.Scope: The identified pond will undergo drainage corrections including ditching and tree removal to maintain proper flow of storm water runoff. 4.Cost: Public Works received quotes for the maintenance project. A summary of the quotes received are listed in the table below. The lowest quote was from MEB Enterprises for $ 68,750.00 Contractor Total Quote MEB Enterprises $ 68,750.00 Veit Companies $ 186,150.00 5.Funding: The project will be funded from the storm water capital budget 6.Staff Recommendation: I recommend acceptance of the quote provided by MEB Enterprises for $ 68,750.00 AGENDA ITEM COUNCIL ACTION REQUESTED Motion to authorize MEB Enterprises to complete the Kenobi pond maintenance project for $68,750.00 101 Date: October 14, 2024 Item: 16 Presenter: Correy Farniok, Police Chief Section: Consent Agenda Title: Compensation Increase for Police Cadets 1.Purpose: The purpose of of this action item is to seek approval for a wage adjustment for the Police Cadet (CSO). 2.Background: Isabella Bagan and Kohlton Beck were hired June 13, 2023 as Police Cadets at pay rate of Grade 5/Start at $25.12 per hour. Also part of their hiring was a Memorandum of understanding that they would not be recognized as part of the union as police cadets. Council approved hiring and starting rate for the cadets, however the council action did not address COLA increases. In 2024 there was a 3% COLA for employees that did not include Bagan or Beck. 3.Cost: Cadet Current Wage/Adjusted Wage Isabella Bagan $25.12 (2023) Grade 5-Start/$25.87 (2024) Grade 5 Start Kohlton Beck $25.12 (2023) Grade 5-Start/$25.87 (2024) Grade 5 Start 4.Funding: . 5.Staff Recommendation: Recommend a wage adjustment to $25.87 (2024 Grade 5 Start) effective 1/1/2024 for Beck and Bagan and to have the Cadets have similar COLA increase for Grade 5. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve wage adjustment for Cadet Isabella Bagan and Kolton Beck to $25.87effective January 1, 2024 and to have Cadets receive annual COLA increases for Grade 5 102 Date: October 14, 2024 Item: 17 Presenter: Laura Oakden, Community Development Director Section: Consent Agenda Title: Hire City Planner 1.Purpose: The purpose of this action is to hire and appoint a new City Planner 2.Background: On August 30, 2024 Natalie Nye completed her last day as a City Planner. She provided notice and her resignation was approved by Council on August 12, 2024. 3.Recruitment: Staff posted the position through September 20 and received 15 applications. First round interviews were completed by a panel consisting of the community development department and a second round of interviews was completed by department heads and managers. Interviews were followed by a background check. 4.Recommended Candidate: Matthew Karney is the recommended candidate for the City Planner position. Matthew has 4 years of experience in government and holds a master's degree in Urban and Regional Planning. 5.Recommended Compensation: Staff recommends that Mr. Matthew Karney be appointed to the position of City Planner effective Tuesday, October 15, 2024. a. Salary. Starting Wage of $82,908.80/year (Grade 11, Step 2 of the Local 12 Pay Scale) b. Benefits. Vacation will accrue at a rate of 10 days per year and follow Local 12 Union agreement. Vacation and sick leave will begin on the start date. The employee will be eligible to participate in the City's benefit package starting the first day of the month following 30 days of employment. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to appoint Mr. Matthew Karney to the position of City Planner effective October 15, 2024. 103 Date: October 14, 2024 Item: 18 Presenter: Melanie Curtis, Planner Section: Consent Agenda Title: LA24-000044, 1335 Briar St, Variances, Resolution No. 7515 1.Purpose: The purpose of this action item is to consider variances to construct a new front stoop and a detached garage on the property. 2.MN§15.99 Application Deadline: This application was submitted and considered to be complete on August 20, 2024. The 60-day review timeline will expire on October 19, 2024. 3.Background: There is no garage on the subject property; the owner proposes to remove the existing shed to construct a new, detached garage. The applicant also proposes a larger more functional 5’x10’ front stoop to replace an existing 4.5' x 4.5' stoop. The proposal requires the following variances: Front yard setback variance to permit the stoop to be expanded 22 feet from the front where 50 feet is required; Rear yard setback variance to allow a 5 foot setback for the garage where a 15 foot setback is required; Side street setback variance to the garage to be set 23.8 feet where a 50 foot setback is required; A side yard setback variance for the garage to be 5 feet from the lot line where a 10 foot setback is permitted; A variance from the 10-foot building-to-building setback to allow a 6.5 foot separation between the home and the new garage; and A hardcover variance to permit the changes to site resulting in a reduction from 42.5% to 39.3% where 35% is permitted. The project summary and complete variance practical difficulty analysis is included in the Planning Report. 4.Planning Commission Vote and Comment: On September 16, the Planning Commission held a public hearing and discussed the requested variances. Following the public hearing, the Commission voted 5 - 0 to recommend approval of the variances as applied. The applicant is related to Commissioner Bollis, so Bollis recused himself. 5.Public Comment: Two public comment emails were received; they are attached as Exhibit C. 6.Staff Recommendation: Staff recommends approval. AGENDA ITEM 104 COUNCIL ACTION REQUESTED Council should move to adopt Resolution No. 7515 approving the requested variances, attached as Exhibit A. Exhibits Exhibit A - Resol 7515 Exhibit B - Plans Exhibit C - Public Comments Exhibit D - Photos Exhibit E - Draft PC Minutes 105 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7515 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-420, 78-1438 & 78-1700 FILE NO.LA24-000044 WHEREAS, on August 20, 2024, the owner, William Anderson (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 1335 Briar Street and legally described as: East 100 feet of Lot 1, Block 3, Markville, Hennepin County (hereinafter the “Property”); WHEREAS, the Applicant has made an application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-420 to allow the following in conjunction with the construction of a new 21’ x 23’ detached garage and a new 5’ x 10’ front stoop: • A front yard setback variance to permit a new, expanded stoop 22 feet from the front where 50 feet is required; • Rear yard setback variance to allow a 5-foot setback for the garage where a 15-foot setback is required; • Side street setback variance to the garage to be set 23.8 feet where a 50-foot setback is required; • A side yard setback variance for the garage to be 5 feet from the lot line where a 10-foot setback is permitted; and WHEREAS, the Applicant has made an application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1438 to allow a 6.5-foot separation between the home and the new garage; and WHEREAS, the Applicant has made an application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow 39.3% hardcover where 42.5% exists and 35% is permitted; and WHEREAS, on September 16, 2024, after published and mailed notice following Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were allowed to speak thereon; and WHEREAS, on September 16, 2024, the Planning Commission recommended approval of the variances as applied; and 106 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7515 2 WHEREAS, on October 14, 2024, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the RR-1B, 2.0 acre Rural Residential Zoning District. A3. The Property contains 0.12 acres in area and has a defined lot width of 51.8 feet. A4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. A5. The Applicant has applied for the following variances: a. Front Yard Setback Variance b. Rear Yard Setback Variance c. Side Yard Setback Variance d. Side Street Setback Variance e. Building Separation Variance f. Hardcover Variance A6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: B1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The Applicant is proposing to construct a detached garage and expanded front stoop on a residential lot which is consistent with the intent of the Ordinance. The setback variances are consistent with the general 107 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7515 3 intent of the Ordinance. The variances requested to allow construction of the detached garage and expanded front stoop within the front, side, side street, and rear yard setbacks are reasonable considering the extremely limited buildable area of the Property. The hardcover variance resulting in a reduction is also necessary. B2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances supporting residential improvements within a residential zone are consistent with the Comprehensive Plan. B3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The Applicant’s proposals for an expanded front stoop and detached garage are reasonable on the residentially zoned property. The setbacks result in no buildable area on the site. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The owner did not create difficulties on the Property; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed improvements will not adversely impact the character of the neighborhood. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. B6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential improvements are allowed on a residential lot within the RR-1B District. 108 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7515 4 B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The 2-acre district setbacks applied to the small property eliminate all buildable areas. Some of the properties in the immediate neighborhood have the same setback burden. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s challenge of the substandard lot size within the 2- acre zoning district is shared by the immediate neighborhood, however, is relatively unique within the RR-1B zoning district. B10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” There is no legal buildable area on the Property. Without variances the Property is unbuildable. The absence of a garage or covered parking area is a difficulty, particularly during the harsh Minnesota winters. The variances are necessary to preserve the Applicant’s preservation and enjoyment of the Property. B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. B12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances are necessary and are not merely for convenience. The Property is unbuildable without variances. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following variances from Orono Municipal Zoning Code Section 78-420: • A front yard setback for a new, expanded stoop 22 feet from the front where 50 feet is required; • A 5-foot rear yard setback for the garage where a 15-foot setback is required; • A variance to allow the garage to be set 23.8 feet from the side street where a 50-foot setback is required; • A variance for the garage to be 5 feet from the side yard lot line where a 10-foot setback is permitted; and 109 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7515 5 And a variance from Orono Municipal Zoning Code Section 78-1348 to allow a 6.5-foot separation between the home and the new garage; and a variance from Section 78-1700 to allow 39.3% hardcover where 42.5% exists and 35% is permitted, to allow construction of a new 21’ x 23’ detached garage and a new 5’ x 10’ front stoop on the Property subject to the following conditions: C1. Council approval is based on the entire record, above Findings. C2. The approved project shall conform to the survey dated 07/19/2024 by Engineering, Design, and Surveying and annotated building plans submitted by the Applicant, attached to this Resolution as Exhibits A & B. C3. The Applicant shall use care during construction so as not to disturb or damage the existing amur maple hedge or drainage swale on the neighbor’s property as much as feasible. C4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. C5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (October 14, 2025). C6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 14th day of October, 2024. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk 110 Side StreetSideRearFrontProposed Conditions Survey111 PC Exhibit F NOTE: The standard Menards plans require "even numbered" dimensions, the Applicant will be constructing a garage consistent with the design of this plan set, but the dimensions will be customized to: 23' x 21', not 24'x 22' as drawn. 112 23' 21' 113 114 115 116 117 118 119 120 121 122 From:Minnetonkaarts To:Melanie Curtis Subject:Re: 1335 Briar St / LA24-000044 Date:Friday, September 6, 2024 2:32:08 PM Hi Melanie, Thank you for sharing this information. We do have a couple of concerns so I submit the following for the record: 1. I am questioning the wisdom of granting a hardcover variance given the significant drainage issue we had when constructing our new building. As your records would show, we went to great lengths to manage the stormwater and were required to change the grading and install drain tile the length of the property line in order to manage the flooding we experience during construction. I am concerned that work will be compromised if there is additional runoff. 2. I also need to object to moving a structure closer to the property line and in such close proximity to the lovely Amur Maple tree at the property line. From what I can tell, this would require significant pruning of the tree and the overall health of the tree will be compromised by that and the impact of a structure over the root system. This tree is essential to maintain the continuous line of trees along this property line and the street which is an important component of our plans for this part of our landscape. I can certainly appreciate our neighbor's need to build a new garage but I would ask, respectfully, for them to revisit their plans in order to avoid the negative implications for the Art Center. Best, Roxanne Roxanne L. Heaton Executive Director 2240 North Shore Drive Wayzata, MN 55391-9347 952-473-7361 ext.150 Website | Facebook | Twitter | Instagram 123 From:Aaron To:Melanie Curtis; Christopher Bollis; Scott Kirchner; jonressler@outlook.com; Bob Erickson; Dennis Libby; Mark McCutcheon; Gary Kraemer; tedmschultze@gmail.com Cc:williamiananderson@gmail.com; Denny Walsh Subject:1335 Briar St. Variance Date:Saturday, September 14, 2024 8:41:21 PM Hello Planning Commission and Orono City Staff: Finally, a reasonable variance request for much needed garage and improvement of front stoop. My name is Aaron Printup and I am William's next door neighbor. I have lived right next to this property and have known the 3 families that have lived there as my next door neighbors. However, I also lived in Crystal Bay, about four houses up the street, my entire life and have known of all the people who have lived at that property for many years. You already know how difficult it is to make any improvements in Crystal Bay. This request is an example of how an Orono small lot can have SO much improvement with very little to no impact to any neighbor. I can remember when the Art Center was rebuilt. There were major water control issues that affected the applicants property and my property (different owners then). Those issues were fixed and the flooding that took place was mitigated a bit. Then, around May 2014 we had A LOT of rain. Our backyards became like lakefront (I sent pictures to Mike Gaffron). Later, just a few winters ago we had crazy warm weather and rain but still had a lot of snow and frozen ground. Again, a lot of water in the back yards with nowhere to go. During those times the homeowners and I worked together and got water moving to the streets and away from the properties. That is what we do, we help each other. Bottom line, I worry about water control. I am Not worried about the garage affecting that. I am so happy to see this garage and front stoop application. That property has begged for those improvements since I can remember. Thankfully, we are down-hill from the Art Center and any run-off that would happen from the garage would just flow down the driveway away from the Swale and draintile the Art Center used to mitigate their water. These issues of run off have always been a concern of ours to the extent that when Briar St. and Prospect Ave. were rebuilt I would repeat myself to Public Works to be careful of what might be under the pavement to move water from the swales to the culvert down the street. Expanding the front stoop will be a great and safe improvement. Much better than the sidewalk that used to go to Briar St. and the asphalt slab that was also off of Briar St. running around the house many, many, many years ago. The Amur Maples that line the property have matured nicely. The canopy they provide is so thick that when it rains you can literally stand below and not get wet. It should be noted that when I was studying "living walls" I discovered the State of Minnesota has listed the Amur Maple as invasive. They are certainly resilient and the garage won't affect the root system. Thank you for all you do and I fully and completely support this application. Sincerely, Aaron Printup 2195 Prospect Ave 124 Aerial Photo 125 126 Facing South from Prospect Avenue 127 128 129 Minnetonka Center for the Arts'Swale and Amur Maple Trees 130 Minutes Planning Commission Regular Meeting Monday, September 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 1 of 3 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners, Dennis Libby, Jon Ressler, Bob Erickson, Ted Schultze and Gary Kraemer. Absent: Commissioner Mark McCutcheon. Staff present: Community Development Director Laura Oakden and City Planner Melanie Curtis. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA Libby moved, Schultze seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0. 4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF AUGUST 19, 2024 Ressler moved, Kraemer seconded, to approve the minutes of the Orono Planning Commission meeting of August 19, 2024. VOTE: Ayes 6, Nays 0. 5. PUBLIC HEARINGS 5.1. LA24-000044, WILLIAM ANDERSON, 1335 BRIAR STREET, VARIANCES, PUBLIC HEARING Bollis recused himself from this item as he is related to the applicant, stepped down from the Commission table and designated Ressler as acting chair. The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve variances with some conditions to enlarge a stoop and build a garage. The Planning Commission discussed the item and asked questions of staff and the applicant, William Anderson, 1335 Briar Street. Chair Ressler opened the public hearing at 6:07 p.m. There were no public comments. Chair Ressler closed the public hearing at 6:07 p.m. Commissioners noted one neighbor was in support and the other had concerns that would be addressed by the grading plan. They pointed out a shed would be eliminated, and the amount of hardcover would be reduced, although it would still be above the amount allowed, requiring a variance. Erickson moved, Schultze seconded, to approve LA24-000044, 1335 Briar Street, Variances as applied. VOTE: Ayes: 5, Nays 0. 131 Date: October 14, 2024 Item: 19 Presenter: Melanie Curtis, Planner Section: Consent Agenda Title: LA24-000045, 3660 - 6th Ave N, IUP, Resolution No. 7516 1.Purpose: The purpose of this action item is to review a proposed lead reclamation project for Park Gun Club. 2.MN§15.99 Application Deadline: The application was submitted and considered to be complete on August 21, 2024, therefore the 60-day review period will end on October 20, 2024. 3.Background: Park Gun Club is planning its first lead shot reclamation project on their property at 3660 - 6th Avenue North. The majority of the shotgun range consists of wetlands. The project involves the removal of the hydric soils from the wetland in 100' x 600' sections. The lead shot will be separated from the soil and the soil will be replaced any roots and seed bank contained within the soils. Silt fencing will be installed into each section as the removals progress. Due to the proposed extraction of material (mining) and soil processing proposed, an interim use permit pursuant to City Code Section 78-1726 is required. Refer to the full Planning Report for more detail on the project. The processed lead shot will be collected and bagged on-site. Once enough bags of shot have been accumulated, the material will be trucked off-site. They estimate it will take approximately 1 to 2 weeks to process enough material to be shipped. While the material is being processed, it will be stored on the property in the lower parking area. They anticipate that, once it begins, the project will take approximately six months with a total of 30-35 truckloads of exported material. 4.Planning Commission Vote and Comment: At their meeting on September 16th, the Planning Commission held a public hearing and recommended approval of the IUP by a vote of 6 to 0 with a condition triggering a Council review of the interim use permit should the City receive complaints about noise or construction activity hours. 5.Staff Recommendation: Planning Staff recommends approval of the interim use permit for Park Gun Club conditioned upon compliance with the permitting requirements from all applicable jurisdictions (Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, and Army Corps of Engineers) and issuance of an administrative grading permit from the City. AGENDA ITEM COUNCIL ACTION REQUESTED Council should move to adopt Resolution No. 7516 approving an interim use permit for Park Gun Club's lead reclamation project. 132 Exhibits Exhibit A - Resol 7516 Exhibit B - Project Narrative Exhibit C - Project Maps Exhibit D - Aerial Photos Exhibit E - PC Minutes 133 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 1 A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT WITH MUNICIPAL ZONING CODE SECTIONS 78-916 & 78-1726 FILE NO. LA24-000045 WHEREAS, on August 21, 2024, on behalf of the Park Gun Club, Larry Compton, President, (hereinafter “the Applicant”), applied for an interim use permit for soil processing and mining activities associated with a lead reclamation project conducted within the property addressed 3660 Sixth Avenue North and legally described as: Attached as Exhibit A (hereinafter the “Property”); WHEREAS, the Applicant made an application to the City of Orono for an interim use permit (hereinafter the “IUP” pursuant to Orono Municipal Zoning Code Sections 78-916 and 78- 1726 to conduct a lead reclamation project involving soil processing and mining within the Property; and WHEREAS, on September 16, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were allowed to speak thereon; and WHEREAS, on September 16, 2024, the Planning Commission recommended approval of the IUP as described; and WHEREAS, on October 14, 2024, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested IUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the RR-1B, One Family Rural Residential Zoning District. 134 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 2 A3. The Property contains approximately 10 acres in area. A4. The Applicant applied for an IUP for mining and soil processing to support the lead reclamation project. A5. In considering this application for an IUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed IUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. INTERIM USE PERMIT ANALYSIS: The Council has determined that the proposed use will comply with the following IUP criteria outlined in Code Section 78-1726: B1. The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the RR-1B Zoning District. This criterion is met. B2. The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. B3. The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will be reviewed by our City Engineer and the applicant will be required to follow City requirements. The project will obtain all necessary permits with outside agencies including MCWD, LMCD, and NPDES permitting. This criterion is met. B4. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The applicant shall ensure the project scope remains within the property lines, the haul route is monitored (and cleaned as often as necessary), and that any adverse impacts are mitigated. This criterion is met. B5. The use will not impose additional unreasonable costs on the public; The project will not impose additional costs on the public. This criterion is met. B6. The date or event that will terminate the use can be identified with certainty; Depending on the weather conditions and timing of other agency permits, the 135 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 3 applicant has provided a project timeline that will either commence in the Fall of 2024 to be finalized mid-summer 2025; or the spring of 2025 commencing before winter 2025. This criterion is met. B7. And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim Use Permit will be done via a resolution recorded with the County. All requirements and conditions will be listed as part of the resolution. This criterion is met. Additional Applicable Regulations (Section 78-916) B8. Consistent with the community management plan; The proposed activity on the Property is consistent with the community management plan. B9. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. B10. Adequately served by police, fire, roads, and stormwater management; This criterion is met. The Applicant will obtain all necessary permits. B11. Provided with an adequate water supply and sewage disposal system; This criterion is not applicable. B12. Not expected to generate excessive demand for public services at public cost; This criterion is met. B13. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There is no change of use contemplated. This criterion is met. B14. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The project will not result in a change in character. 136 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 4 B15. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is not applicable. B16. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The soil reclamation and mining activity will be contained to the site and will meet all requirements by the City of Orono and other outside agencies. B17. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The applicant is encouraged to work with any potentially impacted neighboring properties with concerns about screening or buffering. No screening or buffer requirements are required by the City. This criterion is met. B18. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed project will be contained to the site and is not proposed or permitted to encroach on neighboring properties. The project shall comply with the City’s noise ordinances specifically Sections 58-119 and 58-121 regarding decibel limitations and hourly operations. Specifically, construction activities are permitted between 7:00 am and 8:00 pm on weekdays and between 8:00 am and 8:00 pm on weekends and holidays. The haul route has been reviewed and approved by the City for the transport of materials. This criterion is met. B19. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The materials will be transported off-site over an approved haul route. The processing and transport will be spread out in approximately 35 truckloads over 6 months. This should allow construction traffic to be less of an impact. This criterion is met. B20. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The project will comply with all applicable regulations and obtain all necessary permits from outside agencies such as MCWD, MPCA, MNDNR, and USACE as well as an NPDES permit. This criterion is met. 137 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 5 B21. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and B22. Not detrimental to the public health, public safety, or general welfare. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an interim use permit pursuant to Orono Municipal Zoning Code Sections 78-916 and 78-1726 to allow soil processing and mining activities associated with a lead reclamation project, subject to the following conditions: C1. Council approval is based on the entire record and the above Findings. C2. The approved project shall conform to the plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. C3. The approved material haul route is attached as Exhibit C. The Applicant shall monitor the haul route and respond accordingly. The Applicant shall ensure the project scope remains within the property lines, impacted roadways are cleaned as often as necessary, and any adverse impacts are mitigated promptly. C4. Should the City receive complaints about the project activity exceeding the City’s noise ordinances, specifically City Code Sections 58-119 and 58-121, the interim use permit may be reviewed by the City Council for consideration of additional limitations or revocation of the interim use permit may result. C5. Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C6. The Applicant agrees to comply with the permitting requirements of all applicable jurisdictions. C7. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by commencing said project. The project must commence within one year of the date of Council approval, or the IUP will expire on that date (October 14, 2025). 138 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 6 C8. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C9. The undersigned Applicant is the authorized representative of the Park Gun Club (the owner of the Property) and agrees to the conditions herein on behalf of the corporation. ADOPTED by the Orono City Council on this 14th day of October, 2024. CITY OF ORONO: ________________________________ Dennis Walsh, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk 139 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7516 7 Park Gun Club Incorporated A Minnesota Nonprofit Corporation By: _____________________________, it’s President STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 2024, by _________________________, the President of Park Gun Club, Inc., a Minnesota nonprofit corporation, on behalf of the corporation. ____________________________________ Notary Public 140 Sent to Trey by John Sims on June 20, 2024: Good Morning Trey, Larry forwarded your email to me concerning the incomplete permit application. I went through my correspondence and found that between the information I submitted and the meetings we have been in that the information you are requesting was addressed by myself. I am going through the points made in your email to Larry. Erosion Control: The area of the marsh that is removed for the reclamation of the lead shot will have a silt fence installed completely surrounding the area. This will prevent any of the material from migrating outside the area and travel into the undisturbed area of the marsh. We will be utilizing a string of 8' by 16' tri-layer light weight crane mats to remove the material. As the removal occurs we will also be installing the silt fence. This will be don in 100' by 600' strips. Once a strip is done and the silt fence installed the mats will be repositioned and the entire process repeated until the area is completely removed. there will be no processing of the material for shot recovery until the silt fence is installed. The silt fence serves 2 functions. Erosion control and restoration of the impacted area. As the process of the shot reclamation collected occurs the tailings which is the material after the shot is separated out of will be pumped back into the area inside the silt fence where it originally came from. The silt fence will allow for the return of water to the system to be utilized for continued use, along with the natural settling/ de watering of the returned material in an even and controlled manner to fill the area back in with the material that was initially removed. If re seeding of this area is required then it will be done. The last wet land job I did showed that the seed bank of the material along with the roots system of the marsh not being completely removed provide a fantastic of the re growth of the vegetation in the disturbed areas. There will be no net flood plane fill added to this restoration process. The only material being returned to the disturbed area is the same material that was removed from that area minus the lead shot. I wasn't involved with flood plane information. Larry will be taking care of that side of the permit process. Time is getting shorten. I see that it may be up to another 4 weeks before a permit will be issued. It will take 2 weeks to get the equipment/mats mobilized and set up to break ground. If an early Winter hits us there is the possibility that this job would have to have the permit extended till next Spring to complete it fully. Please contact me if I can be of further assistance. Thanks, John Sims 141 Hi Melanie, When we were discussing our lead reclamation project I remember you commenting that a major concern for Orono was potential site traffic. I spoke to John Sims, our contractor about this issue and wanted to relay to you what I already knew and found out from John: 1: PGC has ample parking room in its upper and lower parking areas to park at least 2 semi's along the upper driveway and for a semi to turn around in the lower lot - the area where the lead shot bags will be loaded for shipping. This means there should no t be a need to back trucks in from either County 6 or Starkey Rd, or for vehicle/equipment parking or warning signage on either road. Trucks will simply drive in and out of our driveway onto County 6 and Hwy 12. 2: At Project mobilization, trucks will access the parking and work areas as noted above. The equipment, crane pads, etc will be staged in the lower lot - which has ample room. Mobilization traffic will consist of about 10 separate deliveries over the cou rse of 1 - 2 weeks. 3: Once mining commences, it will be a month to 6 weeks before enough lead is processed to make a shipment. After processing, the lead bags will be securely stored in the lower parking area until shipped, utilizing 1 - 3 semis. Ordinarily, the bags would be loaded and shipped in 1 day. The expectation is this process would be repeated every 1 - 2 weeks. 4: It is anticipated that it will take 30 - 35 truckloads to ship all the lead bags over the approximately 6 month span of the project. 5: Project noise levels should be comparable to sitework noise levels when doing site development for a residential or commercial project. I hope this is helpful in reaching a decision regarding appropriate permits required by the City for our Project. Regards, Larry Compton President Park Gun Club 142 The north green line indicates the max lead shot fall line (770' from the trap's 27 yard line). The south green line indicates the south border of the lead shot fall area (375' from the trap's 27 yard line). The green outlined area represents the lead shot fall area - this is the reclamation area. The blue lines represent the 375' distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. 143 The north green line indicates the max lead shot fall line (770' from the trap's 27 yard line). The south green line indicates the south border of the lead shot fall area (375' from the trap's 27 yard line). The green outlined area represents the lead shot fall area - this is the reclamation area. The blue lines represent the 375' distance from the trap's 27 yard line to the south border of the lead shot fall area. The long red lines represent the 770' distance from the trap's 27 yard line to the max lead shot fall line. 144 Lead shot fall area dimensions – this is the area of lead shot reclamation. Reclamation would be 14 inches deep. Reclamation would include 8,834 cubic yards of material. 145 146 147 148 149 150 Minutes Planning Commission Regular Meeting Monday, September 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 3 5.2. LA24-000043, ARCHOS ARCHITECTURE & DESIGN PA, 1760 SHADYWOOD RD, VARIANCES, PUBLIC HEARING The Planning Commission is requested to review the Staff report, receive a presentation, and discuss the request for variances to build an attached garage and second story addition, eliminating a separate garage and resulting in a reduction of hardcover. Staff recommended approving some aspects of the plan but asking the applicant to redesign the second story to eliminate the need for a set-back variance. The Planning Commission discussed the item and asked questions of staff and the applicant, Mike Eckardt, Archos Architecture, St Paul. Chair Bollis opened the public hearing at 6:18 p.m. Gretchen Shaw, 1750 Shadywood Rd., expressed support for the removal of the existing garage and the proposed new home addition but advocated for re-designing to respect the set-back. She asked for notification regarding demolition since their home is so close. Chair Bollis closed the public hearing at 6:20 p.m. Commissioners said overall it looked like the City would be improving its position and adding a second story would be reasonable because of the small lot. Several said they supported building on the existing footprint, not increasing the structural coverage. Other Commissioners said they were not in support of the application and the applicant should come back with another plan. It was clarified that although the request was for a remodel, approval would give the applicant the right to remove the structure and start over if necessary. The applicant said there is no plan to completely demolish the house and remove the foundation as it was determined the foundation was in good shape and could support the second story. It was stated that pulling the new second story in two feet would be very expensive from a design and structural position and may look odd. Ressler moved, Kraemer seconded, to approve LA24-000043, 1760 Shadywood Rd., Variances. VOTE: Ayes: 4, Nays 2 (Libby and Erickson) 5.3. LA24-000045, LARRY COMPTON O/B/O PARK GUN CLUB, 3660 6TH AVENUE N, INTERIM USE PERMIT FOR MINING/PROCESSING, PUBLIC HEARING The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the Interim Use Permit for mining and processing for a lead reclamation project in the wetland. Staff recommended approval conditioned upon compliance with all permits, for example from the Watershed District and the DNR. (Department of Natural Resources). It would be the first lead reclamation project in the 70-year history of the gun club. The Planning Commission discussed the item and asked questions of staff and the applicant, Larry Compton, Gun Club President, 18525 Pioneer Trail, Eden Prairie. Chair Bollis opened the public hearing at 7:13 p.m. There were no public comments. 151 Minutes Planning Commission Regular Meeting Monday, September 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 3 of 3 Chair Bollis closed the public hearing at 7:13 p.m. Commissioners asked about noise during the reclamation process and pollution from the lead. Because of the poisonous nature of lead, they urged the remediation to be done as thoroughly and carefully as possible. They expressed concern about noise pollution for the neighbors. The applicant said it would be no more noisy than construction and the ordinance for work times would be respected. Bollis moved, Schultze seconded, to approve LA24-000045, 3660 6th Avenue N, Interim Use Permit as applied with the condition that if there are noise complaints it can be brought back to the City Council or Planning Commission. VOTE: Ayes: 6, Nays 0. 6. OTHER ITEMS Community Development Director Oakden reported on actions taken by the City Council on planning items at recent meetings. She said she had received the resignation of Commissioner Libby as he will be moving and thanked him for his service. 7. ADJOURNMENT Libby moved, Erickson seconded, to adjourn the Planning Commission Meeting at 7:23 p.m. to October 21, 2024. VOTE: Ayes 6, Nays 0. ATTEST: _________________________________________ Christopher Bollis, Chair 152 Date: October 14, 2024 Item: 20 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Title: Agreement - Sewer Line Relocation - 4215 Forest Lake Drive 24-043 1.Purpose: The purpose of this items is to approve an agreement with the property owner at 4215 Forest Lake Drive to move a city sewer main in order to construct a new home. 2.Background: A city sewer main cross the property at 4215 Forest Lake Drive. The homeowner has new home designed for the lot which would impact the sewer line. The homeowner is willing to pay for the move of the main to facilitate the construction of his new home. The owners builder will move the sewer main under city supervision. Once moved the sewer main will remain under the ownership of the city for operation and maintenance. The homeowner and the neighboring property have agreed to provide easements over the new sewer main alignment. 3.Cost: There is no direct cost to the the city. 4.Staff Recommendation: I recommend approval of the attached agreement. The agreement has been reviewed by the City Attorney's office. AGENDA ITEM COUNCIL ACTION REQUESTED Approval of the Agreement for Sewer Line Relocation. Exhibits A. DRAFT-AGREEMENT_FOR_SEWER_LINE_RELOCATION_4215_Forest_Lake_Dr.pdf 153 1 AGREEMENT FOR SEWER LINE RELOCATION This agreement (the “Agreement”) is made and entered into this ______ day of _____________ 2024, by and between Scott and Lori Gengler (“Owner”) and the City of Orono, a Minnesota municipal corporation (“City”). WHEREAS, Owner is the fee owner of property with a street address of 4215 Forest Lake Drive, Orono, Minnesota, legally described as: Lot 4, Block 3, Forest Arms Country Club Addition, Hennepin County, Minnesota. (“Property”). WHEREAS, City is a municipal corporation of the State of Minnesota authorized by statute to establish, operate and maintain sewer systems for the benefit of the public; and WHEREAS, a public sewer line is on the Property; and WHEREAS, Owner wishes to construct a new house on Property in a different location; and WHEREAS, Owner has requested that he be permitted to relocate the City’s sewer line to facilitate the new home location; and WHEREAS, City and Owner wish to cooperate to develop a plan to realign the sewer line to the new home location; and WHEREAS, this Agreement defines the roles and responsibilities for each party regarding the sewer relocation. NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Owner agree as follows: 1. EXISTING SEWER LINE. The City will abandon the existing sewer line on the Property. The Owner will remove the current sewer pipe and manholes. 2. REPLACEMENT SEWER LINE. The Owner will design, construct and pay for a new sewer line to be installed along the northwestern side of the Property as depicted in exhibit A. 3. EASEMENTS. Owner will provide at no cost to the City a permanent utility easements in favor of the City. The owners surveyor /engineer will provide the easement exhibits. The City will draft the easement documents, Owner will secure signatures for the easement, and the City will record the easements. The easements must be signed prior to the commencement of any work on sewer line relocation. 154 2 4. BILLS. The Owner shall pay the pass through bills reflecting the costs that City will incur with respect to the plan review and construction observation inspections of the improvements by City staff. 5. DESIGN. The Owner will design the sewer relocation, determine construction limits, obtain necessary permits, hire a contractor, manage the contract, and pay for the improvements. Other items included are street pavement patching, concrete curb and gutter, concrete driveway aprons, concrete sidewalks, coordination with private utilities, irrigation repairs, and notification to neighbors about the project. 6. APPROVAL. City must provide written approval of the design of the sewer line relocation and Owner must provide the required easements to the City on or before ____________, 2024 or this Agreement shall be null and void. 7. ESCROW. The Owner and City shall enter into a separate escrow agreement for the sewer line relocation project described in this Agreement. The separate escrow agreement will operate to guarantee completion of the requirements in this Agreement and for payment to the City for all out-of-pocket costs the City will incur with respect to the review and inspection of the improvements by City staff. 8. AS-BUILT DRAWINGS. After the completion of the sewer line relocation, the Owner must provide to the City an As-Built Drawing to track any changes between the original plans and the completed project that may take place during the construction. 9. NOTICES. Any notice given under this Agreement shall be deemed given on the third business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to Owner: XXXXXX 4215 Forest Lake Drive Orono, MN 55391 If to City: City Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 10. INCORPORATION OF RECITALS AND EXHIBIT. The Recitals at the beginning of this Agreement and the Exhibit attached to this Agreement are true and correct, and are incorporated into and made part of this Agreement. IN WITNESS WHEREOF, City and Owner have entered into this agreement as of the date and year first above written. 155 3 CITY OF ORONO OWNER By: Dennis Walsh, Mayor Scott Gengler By: Adam Edwards, City Administrator Lori Gengler 156 4 EXHIBIT A to AGREEMENT FOR SEWER LINE RELOCATION 157 Date: October 14, 2024 Item: 21 Presenter: Maggie Jin, Finance Director Section: Finance Report Title: Carman Bay Lake Improvement District Levy - Resolution 7513 1.Purpose: The purpose of this agenda item is to adopt a Resolution 7513 Certifying the Assessment Roll of the Carman Bay Lake Improvement District. Steve Nielsen, past chairman, of the Carmen Bay LID is present to provide a brief recap. 2.Background: On July 24th, 2017, the Orono City Council passed Resolution 6781 approving the establishment of the Carman Bay Lake Improvement District. The district is required to hold an annual meeting to adopt an annual budget and tax roll. On September 17, 2024 the district held its annual meeting and adopted its 2025 budget and tax roll. The district has forwarded the assessment roll to the City for certification to Hennepin County. 3.Staff Recommendation: Staff recommends the adoption of the attached resolution levying the Assessment Roll for the Carman Bay Lake Improvement District. AGENDA ITEM COUNCIL ACTION REQUESTED Motion to adopt Resolution 7513 Certifying the Assessment Roll of the Carman Bay Lake Improvement District. Exhibits Exhibit A. Annual Meeting Minutes Exhibit B. Assessment Role Exhibit C. Resolution 7513 Certifying the Assessment Roll of the Carmen Bay Lake Improvement District 158 1 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 CARMAN BAY LAKE IMPROVEMENT DISTRICT ANNUAL MEETING DRAFT Meeting Minutes Date: September 17, 2024 Place: Good Shepherd Church, 3745 Shoreline Drive, Wayzata, MN 55391 Present: Board members Mark Kieper, Steve Nielsen, Ted Chalupsky, Kevin Kennefick, Mary Tucker and Dave Owen Absent: None Others attending: 8 Carman Bay lakeshore owners, 1 non-resident guest Next Meeting: TBD I. Call to Order Meeting was called to order at 6:03 p.m. by Chairman Mark Kieper. II. Establish Quorum A quorum was established. 6 of 6 Board Members in attendance. A simple majority constitutes a quorum. III. Proof of Notice of Meeting Proof of Notice of Meeting established by Chairman Kieper. 14 days notice is Sept. 3. Notice posted on CBLID website 8/24/24, published in the Laker Pioneer newspaper 8/31/24, posted on City of Orono pub- lic bulletin board on 8/29/24. 10 days notice is Sept. 7. Postmarked 8/28/24 to Orono City Council, MN PCA, MN DNR, Hennepin County Board of Commissioners and District property owners. IV. Announcements Chairman Kieper discussed the intent and agenda of the meeting. There are agenda items for the District property owners in attendance to vote on, with one vote per property. He asked that those in attendance consider joining the Board and also encourage their neighbors to do so. V. Approval of Minutes Kennefick put forward a “Motion to waive the reading and approve the Special Meeting minutes of Au- gust 20, 2024.” 2nd by Tucker. VOTE by voice of all District property owners present with one vote per property. All who voted, voted Aye, Nays 0. MOTION PASSES. VI. Treasurer’s Report Treasurer Chalupsky presented the 2024 Financial Statements (see attached “Financial Statements ending August 31, 2024 ”). Page 1 is the “Balance Sheet”; page 2 the “Statement of Revenues, Expenditures and Cash Balance”; and page 3 the “Actual to Annual Budget ending Aug. 31, 2024” and “Forecasted Year End Budget”. 159 2 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 Last year we applied for a grant from the MN DNR but were not awarded one. We have received grants in the past but they are becoming harder to get with more competition from more lake associations. We will continue to apply for the DNR grants. Chalupsky put forward a “Motion to Approve the financial statements for the period ending August 31, 2024.” 2nd by Kennefick. VOTE by voice of all District property owners present with one vote per property. All who voted, voted Aye, Nays 0. MOTION PASSES. VII. Unfinished Business None VIII. New Business A. 2024 Aquatic Plant Survey and Treatment of Carman Bay Kieper discussed the 2024 Aquatic Plant Survey for Carman Bay that was recently completed. This is the District’s year-end scorecard measuring the outcome in managing the two known aquatic invasive plants, Curlyleaf Pondweed (CLP) and Eurasian Watermilfoil (milfoil or EWM) in the District. The field work is complete, and the full report, called a Point Intercept Survey, will probably be available in October and soon after posted on the CBLID webpage on the City of Orono’s website. While the full report is not yet available, the data is available now. The objective as per the Lake Vegetation Management Plan is controlling and maintaining CLP and EWM to frequencies below 20% occur- rence during the year of treatment. 2024 milfoil occurrence is at 12%, and CLP is 1% (see attached “2024 Aquatic Plant Survey Results”). See also the table summarizing 7 years of Aquatic Plan Sur- veys (see attached “2018-2024 Aquatic Plant Survey, Summary Results”) that includes CLP and EWM results. Kieper summarized the 2024 season treatment. The 2023 Curlyleaf Pondweed (CLP) and Eurasian Watermilfoil (milfoil or EWM) forecast for 2024 was for 25 acres of CLP and 8 acres of EWM. However, the 2024 pre-treatment surveys determined there were 3 treatable acres of CLP (see at- tached “CLP Delineation Survey 2024”) and 43 treatable acres of EWM (see attached “EWM Deline- ation 2024” and “EWM Management Plots 2024”). The full delineation reports will be posted on the CBLID webpage. An historical summary of CLP and EWM treatment acreages from 2020 to 2024 are on page10 (“2024 Carman Bay Treatment Update”) of the August 20, 2024 Board Meeting Minutes that are posted on the CBLID webpage. PLM, our professional applicator, developed and submitted a treatment plan to the MN DNR to mini- mize disruption to the native plant community and our budget. The DNR approved the plan targeting approximately 19 acres of milfoil in a shallower part of the Bay with ProcellaCOR. ProcellaCOR is a very costly but systemic and selective treatment that targets and kills the milfoil plant and root. The remaining 4 milfoil areas were treated with Diquat. Diquat is significantly less expensive, kills only the contact areas (plant but not the root) and is a broad-spectrum herbicide. ProcellaCOR has a 3-year guarantee when a minimum of 10 contiguous acres are treated, valid the year of the treatment and for two subsequent years. With the guarantee, next season we can rotate to treat a different area with ProcellaCOR. This year’s plan to treat one site with ProcellaCOR and four sites with Diquat exceeded our seasonal herbicide treatment budget by $3,846. 160 3 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 B. Proposed Budget for 2025 At each CBLID Annual Meeting a budget is proposed by the Board, and the Carman Bay property owners present vote to approve the budget for the following year. The Board has approved the “Statement of 2025 Annual Budget, September 8, 2024”. Kieper presented the 2025 Proposed Budget (see attached “Statement of 2025 Annual Budget, Sep- tember 8, 2024”. The worksheets used to generate the 2025 Budget are included in the August 20, 2024 Board Meeting Minutes that are posted on the CBLID webpage). The 2025 Budget is built from the bottom up to meet the needs of the public project. The Board forecasts expenses of $40,469 to manage the two known aquatic invasive plants, Curlyleaf Pondweed and Eurasian Watermilfoil. The majority of the expenses are based on the experience of 2024, treating one large milfoil area with Pro- cellaCOR, and the 3-year guarantee. There is one new item in the budget, an expenditure for Outside Accounting Services in the amount of $3,600. For a volunteer board member, government funds accounting can be complex. Record keeping and financial reporting requires a significant number of hours. It is already difficult to recruit CBLID board members, let alone a treasurer. The core issues are meeting government standards and long-term consistency in reporting. The budgeted amount is an estimate that allows the board to ex- plore this issue and engage an outside accounting service if warranted. Proposed 2025 revenue is $33,600. The revenue requirement is based on the budget year expenses, fund balances, timing of the receipt of funds and future year forecasting. This translates to a $300 levy for the 2025 tax year for each of the 112 District properties. Past levies have ranged from $200 to $300 per property. It is not advisable to plan on grant revenue from the MN DNR “Invasive Spe- cies Program”, or donations. Projected 2025 expenditures exceed revenues and the $6,869 difference will come from District funds. Owen put forward a “Motion to approve The Statement of 2025 Annual Budget dated September 8, 2024, with revenues of $33,600 and expenditures of $40,469.” 2nd by Chalupsky. VOTE by voice of all District property owners present with one vote per property. All who voted, voted Aye, Nays 0. MOTION PASSES. C. Approval of Proposed Projects Over $5,000 for 2025 Kieper stated that the District requires property owner approval on projects costing more than $5,000. The District has one public project of controlling, when reasonably achievable, aquatic invasive spe- cies in Carman Bay. The 2025 budget represents that one project. Tucker put forward a “Motion to approve the District’s 2025 public project of controlling, when rea- sonably achievable, aquatic invasive species in Carman Bay. The District’s 2025 forecasted project expenses are $40,469.” 2nd by Kennefick. VOTE by voice of all District property owners present with one vote per property. All who voted, voted Aye, Nays 0. MOTION PASSES. D. Proposed Tax Levy for 2025 Kieper stated that as required by our governing documents, the Board of Directors is required to pro- pose a levy including the proposed distribution of such levy among the property owners. The vote shall be by the Board Directors only. The proposed special assessment levy due in 2025 as indicated 161 4 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 in the 2025 Budget under the Revenue portion is $33,600 and shared equally at $300 for each prop- erty owner. Chalupsky put forward a “Motion to approve and forward to the City of Orono, a special assessment levy of $33,600. The $33,600 levy shall be shared equally at $300 for each of the District’s 112 prop- erty owners and payable in 2025.” 2nd by Kennefick. VOTE by voice by the Board Directors only. Ayes 6, Nays 0. MOTION PASSES. E. Other new business None F. Nomination & Election of Board of Directors 1. Nomination of Directors Kieper stated that the Carman Bay property owners present at the Annual Meeting are to vote to approve of the slate of candidates for election to the Board as a Director. The Board shall consist of a minimum of five and a maximum of nine Directors. There are no midterm vacancies on the board. There are 3 seats with terms expiring at the Annual Meeting, and those Directors have agreed to stand for another 2-year term. There is one other property owner, Mark Hector, who wishes to stand for election as demonstrated by filing with the Secretary. He has been added to the slate of candidates. The slate thus consists of 4 candidates: Steve Nielsen, Kevin Kennefick, Mary Tucker and Mark Hector. Chalupsky put forward a “Motion to approve the slate of candidates Steve Nielsen, Kevin Kennefick, Mary Tucker and Mark Hector as eligible for election to the Board as a Director.” 2nd by Owen. VOTE by voice of all District property owners present with one vote per property. All who voted, voted Aye, Nays 0. MOTION PASSES. 2. Election of Directors Kieper stated that the Directors shall be elected by an affirmative vote of the majority of the prop- erty owners present and entitled to vote at the Annual Meeting, including absentee ballots physi- cally received by the District by 4pm on the date immediately preceding the Annual Meeting. The District did not receive a request for an absentee ballot. No absentee ballots were issued. No absentee ballots were received. Tucker put forward a “Motion to elect the approved candidates Steve Nielsen, Kevin Kennefick, Mary Tucker and Mark Hector as Directors with 2-year terms that expire at the 2026 Annual Meeting.” 2nd by Kennefick. VOTE by voice of all District property owners present with one vote per property. All who voted, voted Aye, Nays 0. MOTION PASSES. IX. Public Comments None X. Nominate and Elect Officers All other business is closed except a Director vote to establish officer positions among the Directors. Of- ficers hold a one (1) year position. The term runs from Annual Meeting to Annual Meeting. The Direc- tors will nominate and elect officers and the election will be open to the public. All of the officers are willing to accept and hold the same positions. 162 5 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 Kennefick put forward a “Motion to nominate and elect Mark Kieper, Steve Nielsen, Ted Chalupsky and Dave Owen, to the respective officer positions of Chairman, Vice Chairman, Treasurer and Secretary.” 2nd by Kieper. VOTE by voice by the Board members. Ayes 6, Nays 0. MOTION PASSES. XI. Adjournment Kieper put forward a motion to adjourn, 2nd by Chalupsky. VOTE by voice by the Board. Ayes 6, Nays 0. MOTION PASSES. Meeting adjourned at 6:59 pm. Attachments: “Financial Statements ending August 31, 2024 ” 3 pages: “Balance Sheet” (page 1) “Statement of Revenues, Expenditures and Cash Balance” (page 2) “Actual to Annual Budget ending Aug. 31, 2024” and “Forecasted Year End Budget” (page 3) “2024 Aquatic Plant Survey Results” “2018-2024 Aquatic Plant Survey, Summary Results” “CLP Delineation Survey 2024” “EWM Delineation 2024” “EWM Management Plots 2024” “Statement of 2025 Annual Budget, September 8, 2024” Submitted by David Owen, Secretary of the Board. _____________________________________ _____________________________________ David Owen, Secretary Mark Kieper, Chairman Minutes approved this day ___________________ of 20_____ 163 6 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 Financial Statements ending August 31, 2024 Page 1 of 3 Balance Sheet 164 7 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 Financial Statements ending August 31, 2024 Page 2 of 3 Statement of Revenues, Expenditures and Cash Balance 165 8 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 Financial Statements ending August 31, 2024 Page 3 of 3 Actual to Annual Budget ending Aug. 31, 2024 and Forecasted Year End Budget 166 9 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 2024 Aquatic Plant Survey Results 167 10 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 2018 – 2024 Aquatic Plant Survey, Summary Results 168 11 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 CLP Delineation Survey 2024 169 12 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 EWM Delineation 2024 170 13 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 EWM Management Plots 2024 171 14 9-17-2024 CBLID Annual Meeting Minutes Draft 9-30-2024 Statement of 2025 Annual Budget, Sept. 8, 2024 172 Property Count House #Street Property Identification (PID) Levy $ 1 3295 Carman Rd 2011723140014 $300.00 2 3265 Carman Rd 2011723140011 $300.00 3 3225 Carman Rd 2011723140009 $300.00 4 3285 Carman Rd 2011723140013 $300.00 5 3245 Carman Rd 2011723140010 $300.00 6 3300 Carman Rd 2011723140015 $300.00 7 3275 Carman Rd 2011723140012 $300.00 8 2480 Carman St 2011723120028 $300.00 9 2474 Carman St 2011723120027 $300.00 10 2470 Carman St 2011723120066 $300.00 11 2490 Carman St 2011723120065 $300.00 12 2414 Carman St 2011723120064 $300.00 13 2450 Carman St 2011723120059 $300.00 14 2440 Carman St 2011723120058 $300.00 15 2726 Caroline Ave 2011723240005 $300.00 16 2690 Caroline Ave 2011723240033 $300.00 17 2732 Caroline Ave 2011723240041 $300.00 18 2696 Caroline Ave 2011723240034 $300.00 19 2691 Caroline Ave 2011723240025 $300.00 20 3700 Casco Ave 2011723310040 $300.00 21 3650 Casco Ave 2011723310043 $300.00 22 3630 Casco Ave 2011723310041 $300.00 23 3600 Casco Ave 2011723310042 $300.00 24 3247 Casco Circle 2011723430009 $300.00 25 3231 Casco Circle 2011723430016 $300.00 26 3237 Casco Circle 2011723430013 $300.00 27 3241 Casco Circle 2011723430050 $300.00 28 3251 Casco Circle 2011723430007 $300.00 29 3249 Casco Circle 2011723430008 $300.00 30 3243 Casco Circle 2011723430010 $300.00 31 3235 Casco Circle 2011723430014 $300.00 32 3233 Casco Circle 2011723430015 $300.00 33 3229B Casco Circle 2011723430003 $300.00 34 3229 Casco Circle 2011723430004 $300.00 35 2590 Casco Point Rd 2011723210034 $300.00 36 2530 Casco Point Rd 2011723210014 $300.00 37 3026 Casco Point Rd 2011723340026 $300.00 38 2648 Casco Point Rd 2011723240039 $300.00 Hennepin County GIS Property Map Identification Assessment Roll Payable 2025 Carman Bay Lake Improvement District, Post Office Box 124 Crystal Bay, MN 55323 City of Orono Approved at the 17 September 2024 Annual Meeting 173 39 3034 Casco Point Rd 2011723430051 $300.00 40 2510 Casco Point Rd 2011723210016 $300.00 41 2948 Casco Point Rd 2011723310036 $300.00 42 2600 Casco Point Rd 2011723240043 $300.00 43 2660 Casco Point Rd 2011723240002 $300.00 44 3020 Casco Point Rd 2011723340025 $300.00 45 2970 Casco Point Rd 2011723310060 $300.00 46 2930 Casco Point Rd 2011723310034 $300.00 47 2980 Casco Point Rd 2011723310061 $300.00 48 2990 Casco Point Rd 2011723310038 $300.00 49 2920 Casco Point Rd 2011723310033 $300.00 50 2914 Casco Point Rd 2011723310031 $300.00 51 2916 Casco Point Rd 2011723310032 $300.00 52 2520 Casco Point Rd 2011723210017 $300.00 53 3030 Casco Point Rd 2011723430052 $300.00 54 2480 Casco Point Rd 2011723210037 $300.00 55 2684 Casco Point Rd 2011723240003 $300.00 56 2540 Casco Point Rd 2011723210038 $300.00 57 2940 Casco Point Rd 2011723310035 $300.00 58 2528 Casco Point Rd 2011723210015 $300.00 59 2500 Casco Point Rd 2011723210010 $300.00 60 2618 Casco Point Rd 2011723240038 $300.00 61 2697 Ethel Ave 2011723240045 $300.00 62 2696 Ethel Ave 2011723240044 $300.00 63 2691 Ethel Ave 2011723240046 $300.00 64 3555 Frederick St 2011723120017 $300.00 65 3585 Frederick St 2011723120067 $300.00 66 3565 Frederick St 2011723120068 $300.00 67 3535 Ivy Pl 2011723420035 $300.00 68 3550 Ivy Pl 2011723420016 $300.00 69 3545 Ivy Pl 2011723420034 $300.00 70 3546 Ivy Pl 2011723420018 $300.00 71 3548 Ivy Pl 2011723420017 $300.00 72 3486 Ivy Pl 2011723420031 $300.00 73 3532 Ivy Pl 2011723420033 $300.00 74 3508 Ivy Pl 2011723420036 $300.00 75 3466 Ivy Pl 2011723430006 $300.00 76 3516 Ivy Pl 2011723420022 $300.00 77 3560 Ivy Pl 2011723420027 $300.00 78 3534 Ivy Pl 2011723420019 $300.00 79 3600 Ivy Pl 2011723420038 $300.00 80 3570 Ivy Pl 2011723420040 $300.00 81 2655 Kelly Ave 2011723140025 $300.00 82 2507 Kelly Ave 2011723120063 $300.00 83 2515 Kelly Ave 2011723120038 $300.00 84 2525 Kelly Ave 2011723110022 $300.00 85 2565 Kelly Ave 2011723140019 $300.00 86 2695 Kelly Ave 2011723140008 $300.00 87 2501 Kelly Ave 2011723120053 $300.00 174 88 2699 Kelly Ave 2111723230041 $300.00 89 2697 Kelly Ave 2011723140007 $300.00 90 2509 Kelly Ave 2011723120037 $300.00 91 2499 Kelly Ave 2011723120052 $300.00 92 2545 Kelly Ave 2011723110023 $300.00 93 2625 Kelly Ave 2011723140026 $300.00 94 2503 Kelly Ave 2011723120054 $300.00 95 2523 Kelly Ave 2011723120039 $300.00 96 2585 Kelly Ave 2011723140020 $300.00 97 2701 Kelly Ave 2111723230040 $300.00 98 2497 Kelly Ave 2011723120051 $300.00 99 2587 Kelly Ave 2011723140021 $300.00 100 2605 Kelly Ave 2011723140022 $300.00 101 2710 Pence Ln 2111723230064 $300.00 102 2715 Pence Ln 2111723320007 $300.00 103 2800 Pheasant Rd 2111723320004 $300.00 104 2799 Pheasant Rd 2111723320003 $300.00 105 2795 Pheasant Rd 2111723320002 $300.00 106 2791 Pheasant Rd 2111723320001 $300.00 107 2789 Pheasant Rd 2111723320005 $300.00 108 2705 Walters Port Ln 2111723230043 $300.00 109 2709 Walters Port Ln 2111723230063 $300.00 110 2707 Walters Port Ln 2111723230044 $300.00 111 2702 Walters Port Ln 2111723230039 $300.00 112 2703 Walters Port Ln 2111723230042 $300.00 112 Properties Total $33,600.00 Mark D. Kieper (612) 860-6607 Chairman mkieper@comcast.net 24-Sep-24 (*) PID'S audited by M.Kieper on Sept 24, 2024 using the Hennepin County property address search tool 175 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7513 A RESOLUTION CERTIFYING THE ASSESSMENT ROLL OF THE CARMAN BAY LAKE IMPROVEMENT DISTRICT WHEREAS, The Carman Bay Lake Improvement District has adopted its 2025 budget and tax levy; and WHEREAS, The district has forwarded the assessment roll to the City for approval; and WHEREAS, Hennepin County requires the City to approve the assessment roll for certification to the property tax rolls. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the costs totaling $33,600, on the 2024 property tax rolls, payable in 2025. Adopted by the City Council of Orono, Minnesota at a regular meeting held on October 14, 2024. ATTEST: CITY OF ORONO ___________________________________ __________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 176 Date: October 14, 2024 Item: 22 Presenter: Melanie Curtis, Planner Section: Community Development Report Title: LA24-000043, 1760 Shadywood Rd, Variances 1.Purpose: This application contemplates setback and hardcover variances in conjunction with a 2nd story addition over the nonconforming home footprint and a garage addition. 2.MN§15.99 Application Deadline: The application was submitted on August 19, 2024, and considered to be complete on September 5th. The 60-day review period will end on November 4, 2024. 3.Background: The proposal involves removal of the existing garage which appears to be a detached structure but is connected below ground to the home making is part of the principal building. Because it is part of the principal building the garage's current 6.4 foot rear yard setback is nonconforming. The applicant proposes to remove the existing garage and construct a new attached garage within conforming setbacks. A 2nd story addition is proposed to be constructed over the new, expanded home's footprint 5.3 feet from the north side property line and about 2.5 feet lakeward of the 75- foot and average lakeshore setbacks. The applicant is requesting the following variances in order to proceed with the major remodel of the home: A side yard setback variance to permit a 2nd story setback 5.3 feet from the property line, above the home at the existing nonconforming setback; Average lakeshore setback variance to allow the 2nd story of the home to encroach 2.5 feet lakeward of the ALS over the existing footprint; 75-foot lake setback variance to allow the 2nd story of the home to encroach approximately 2.5 feet into the lake setback over the existing footprint; and A hardcover variance to support the project including a footprint addition and reorientation of the driveway resulting in a reduction: 27.7% hardcover where 29% exists and 25% is permitted. A detailed summary and analysis of the variances is included in the Planning Report. 4.Planning Commission Vote and Comment: On September 16th, the Planning Commission held a public hearing on the above variances. The neighbors on the north side of the property provided comment during the public hearing. Following the public hearing and discussion, the Commission voted 4 - 2 on a motion to approve as applied. Commissioners Erickson and Libby cast the dissenting votes as they did not support the upward massing expansion in the setback areas. The four Commissioners in favor identified the resolution of the nonconforming rear yard setback as one of the factors supporting their approval recommendation. There was additional discussion about how the project would be viewed if the scope included rebuilding the home; as additions, AGENDA ITEM 177 they were supportive. 5.Public Comment: Written comments were submitted by neighbors, attached as Exhibit C. 6.Staff Recommendation: Staff recommends a partial approval. The side setback variance to expand the mass of the home upward with the 2nd story 5.3 feet from the neighboring property line is not reasonable. The applicant should explore options that will not adversely impact the northern neighbors’ access to sunlight and open space. The hardcover proposed to serve the new, 2-car garage should be modified to accommodate the required turnaround due to the access on Shadywood Road/CSAH 19 ( Section 78-1681). The applicant should demonstrate that, as designed, the driveway will allow the space required to maneuver vehicles to “front out” onto Shadywood Road. The applicant asserts that their structural investigation indicated that the existing foundation and existing first floor walls are sufficient to support the proposed 2nd story. If the variances are approved, and it is determined that the addition requires reconstruction of the foundation and walls for adequate support, the home could be rebuilt as is without variances and the addition constructed at the existing setback. Staff recommends approval of the hardcover variance resulting in a reduction, however further recommends the applicant redesign the 2nd story addition to conform to the required setbacks. COUNCIL ACTION REQUESTED The Council should review the applicant's request and practical difficulties regarding the requested variances. Council should make a motion directing staff to draft a resolution reflecting the decision. Exhibits Exhibit A - Existing_Proposed Site Plans Exhibit B - Plans Exhibit C - Neighbor Comments Exhibit D - Draft PC Minutes 178 A/CN 1 2 °0 0 '3 3 "W 6 1 .4 0 M E A S .S89°48'08"E 135.68 MEAS.S 1 1 °2 4 '4 0 "E 6 2 .0 8 M E A S .4±43.2±48.7±33---178.9±------183.9±---N89°27'53"W 135.19 MEAS.S H A D YW O O D R O A D73.6 OHW31.49.04.12.279.3 OHW4.09.825.719.724.30.75.80.74.019.71.413.735.50.725.714.426.822.126.822.172.5 OHW5.35.920.26.520.031.96.16.4S H O R E L I N ELAKE MI NN E TO N K AORDINARY H I G H W A T ER (O H W ) = 9 2 9 .4WATER L E V E L = 9 2 9 .5 , A U G U S T 3 0 , 2 0 2 4 ED G E O F A S P H A L T OEOEOECONCRETE DRIVEWAYCONCRETE WALKR I P R A P R I P R A P 3"CRABAPPLE8"MAPLE40"OAK24"MAPLE24"MAPLE12"DECIDUOUSACCESSTUNNELMAIN LEVELDECKTIMBERPLANTERGARAGE#1770#1750#1760FIRST FLOOR=943.8GARAGEFLOOR=940.49 2 9 .4 O H W 9 2 9 .4 O H W 9 2 9 .4 O H W PROPERTY DESCRIPTION1" = 10'CMESCALEDRAWNREFERENCE1760 Shadywood Rd.Orono, MN 55391SITE ADDRESSSITE BENCHMARKMN DOT Survey Disk: BR 7180At the southeast corner of Co. Rd. 19 Bridge No. 7180. Elevation = 945.96 (NGVD 29).Lot 17, SHADY WOOD,Hennepin County, Minnesota.09-05-2024I hereby certify that this survey, plan, or report was prepared by me or under mydirect supervision and that I am a duly registered Land Surveyor under the laws ofthe State of Minnesota.Woodrow A. Brown, R.L.S. MN REG 15230W. BROWN LAND SURVEYING, INC.Dated:EXISTING CONDITION SURVEY for:ARCHOS ARCHITECTURESCALE IN FEET1001020NWBBloomington, MN 55425Email: INFO@WBROWNLANDSURVEYING.COMPh: (952) 854-4055WBROWNLANDSURVEYING.COMW. BROWN LAND SURVEYING, INC.8030 Old Cedar Avenue So., Suite 228ZONING:LR-1C | One-Family Lakshore Residential - 1/2 Acre1 of 1 24x36378-24JOB NO.BOOK/PAGESHEETGENERAL NOTES:· Existing building dimensions are measured to siding and not building foundation.· No title commitment was provided and no research was performed for any easementsnot shown on this survey.· Location of utilities shown are from observed evidence in the field and/or plansfurnished by others and are considered approximate. Gopher State One Call or aprivate utility locator should be contacted to locate utilities on site before excavation.LOT AREA CALCULATION:Lot Area to OHW = 10,965 SFEXISTING HARDCOVER:House = 1,534 SFGarage w/ Access Tunnel = 624 SFDeck w/ Steps = 393 SFFront Walk, Stoop = 161 SFDriveway = 566 SFExcludable Hardcover - Deck = -100 SFTotal = 3,178 SFExisting Hardcover = 29.0%NOTE:25% Maximum Allowable HardcoverREMARKSDATEREVISIONSO E O E O E O E 7.5' SIDE YARD SETBACK7 5 ' S E T B A C K O H W 7.5' SIDE YARD SETBACK929.5929.5929.53 0 ' F R O N T Y A R D S E T B A C K STOOP942.6TW942.2TW941.6TW940.1TW942.6TWLOT 17LOT 16LOT 18936.9936.7936.4936.3935.8935.6939.7940.3941.5940.7941.5942.0942.0941.8941.2941.4941.5942.0942.7943.4942.1940.0932.5TW933.0TW935.7TW937.2TW937.3937.6939.3938.9939.6940.2940.3940.1940.4940.6940.0941.2942.1941.2940.8939.0939.1938.7940.2940.7940.0940.8940.5941.0941.0941.1939.2940.0941.8941.5941.5941.1940.9941.5942.0941.7939.9940.0939.5940.5940.9940.9942.0941.9942.2942.6941.9941.7942.0942.1941.8942.3943.1942.8942.4941.7941.8942.4941.9941.9941.8941.6941.1940.4940.4940.1939.5939.5937.7937.1941.2938.5937.4933.7935.6936.0940.3935.8934.5933.0932.4932.3934.1931.3931.2931.3931.4942.5942.2940.4940.0940.7942.4940.1941.593 6 9 3 7 9 3 8 9 3 9 9 4 0941941 9 4 1 9419419419439429429429429419409429 4 2 941 941940937938939940940939938 9 3 7 9 4 0 9 4 0939938937936935934933932931930940939938937936935934933932931930940939938937936935934933932931930929.4 O H W 9 3 1 .1 F E M A 1 0 0 Y R 9 3 1 .1 F E M A 1 0 0 Y R Overhead ElectricLEGENDBoulder Retaining WallExisting ElevationPower PoleGas MeterLight PoleSet Iron MonumentInscribed R.L.S 15230Found Iron Monument Existing Contour900Top of Wall Elevation900.0900.0TWOEA/CAir Conditioning UnitABCDEABBCDDE6.1Existing Conditions 179 Proposed Conditions 180 181 182 183 184 185 186 187 188 189 From:Gretchen Shaw To:Melanie Curtis Cc:A-Lyle Shaw Subject:Re: #LA24-000043 / 1760 Shadywood Rd Date:Thursday, September 12, 2024 3:40:25 PM Hello Melanie, Thank you for providing the preliminary plans for the application at 1760 Shadywood Road. We are pleased that a lovely new home is planned for this property, although we have some concerns and comments noted below: Our Background: We are the next door neighbors to the north of this property at 1750 Shadywood Road. We purchased our property in 1996 where a very small older cottage structure existed. We did some remodeling over the years and enjoyed it as our 2nd home where our primary residence was in Eden Prairie. In 2016, we received approval from the City of Orono to build a new home according to the building codes in effect at that time. After demolition of the existing structure, we engaged Stonewood to build our new home that was completed in 2018. At that time, a 10 foot side yard setback was the code which we were held to in receiving city approval . Concerns with the 1760 Shadywood application: 1. Side yard Setback on the North Side of the 1760 Shadywood Property: As we understand, the side yard setback rule has now changed to 7.5 feet for properties less than 100 feet wide (vs. the previous 10' rule). However, the current application request for approval for the north side yard setback is to be the same as the existing structure: 5.3' for the NW corner, 6.1' for the N. center and 6.5' for the NE corner. We respectfully request that the 7.5' side yard setback rule for the north side of this property be observed. It appears there is some available side yard setback on the south side of the property to shift the footprint without needing to reduce the proposed structure's square footage. The proposed new structure has a 2 story height (vs. the current 1 story height) which will only accentuate the "tunnel" effect between the 2 houses. Since the 2 houses are so close to each other, we installed gravel between the 2 structures, arranged for common underground drainage and planted hostas along our neighbor's foundation (with his approval) to soften the appearance between the 2 houses. 2. Demolition Concerns: Due to the proximity of the existing structure to our property, we want assurance that every effort will be made to not damage our property in any way during demolition, including our existing landscaping. We will appreciate being notified when the demolition is scheduled to occur and if any damage does occur to our property during demolition or construction, we expect to be reimbursed for any damages. 3. Existing Detached Garage: As we understand, the existing 2 car detached garage and concrete pad will be removed and an attached 2 car garage will be incorporated in the newly constructed home. We agree with this plan to observe hardcover concerns. We look forward to having new neighbors and a very nice home next door. If you have any questions on our above comments, please let me know. We plan to attend the public hearing for this application on Monday, Sept. 16th at 6 PM. Regards, Gretchen (& Lyle) Shaw 1750 Shadywood Road Wayzata, MN 55391 612 382-8270 Shaw Comments1750 Shadywood Rd 190 From:Michaela Diercks To:Melanie Curtis Subject:Re: information about 1760 Shadywood Road land use variance Date:Monday, September 16, 2024 12:16:36 PM Thanks for sending this, Melanie. This really doesn't impact my property other than another season of construction trucks up and down the street. I would be concerned for the neighbors just south of this property since the construction looks much closer to their property line and a second story could impact their view ... but I am sure they are sharing their perspective with you. My larger concern is the ongoing tear down/new construction and remodeling/additions putting more strain on the water and sewer system in our area. I am confident that most of this new construction is adding larger kitchens, more bathroom and likely sprinkler systems. We've had issues in the neighborhood with the water being turned off fairly regularly due to issues with the water main. I would ask that the Planning Commission make certain they are staying on top of this and that the current infrastructure can support these new builds. Thanks for listening. Please do pass on my note. Thanks again. Michaela Diercks 1795 Shadywood Road ----- Original Message ----- From: "Melanie Curtis" <MCurtis@oronomn.gov> To: "Michaela Diercks" <michaeladiercks@mchsi.com> Sent: Friday, September 13, 2024 12:39:55 PM Subject: RE: information about 1760 Shadywood Road land use variance Michaela The packet has not been published yet. I have attached a copy of the plans but I am finalizing the meeting packet shortly and depending on your turnaround, I may not have time to allow your comments to be included in the packet when it is published. I can take comments at any time, however. Melanie Curtis Direct: 952.249.4627 mcurtis@oronomn.gov -----Original Message----- From: Michaela Diercks <michaeladiercks@mchsi.com> Sent: Friday, September 13, 2024 10:51 AM To: Melanie Curtis <MCurtis@oronomn.gov> Subject: information about 1760 Shadywood Road land use variance Hi Melanie -- I thought that information on the variance request for this property would be on the website today, but I can't find it. Any chance you could send me the documents or a link to the documents? Thanks much. Michaela Diercks 191 Minutes Planning Commission Regular Meeting Monday, September 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Page 2 of 3 5.2. LA24-000043, ARCHOS ARCHITECTURE & DESIGN PA, 1760 SHADYWOOD RD, VARIANCES, PUBLIC HEARING The Planning Commission is requested to review the Staff report, receive a presentation, and discuss the request for variances to build an attached garage and second story addition, eliminating a separate garage and resulting in a reduction of hardcover. Staff recommended approving some aspects of the plan but asking the applicant to redesign the second story to eliminate the need for a set-back variance. The Planning Commission discussed the item and asked questions of staff and the applicant, Mike Eckardt, Archos Architecture, St Paul. Chair Bollis opened the public hearing at 6:18 p.m. Gretchen Shaw, 1750 Shadywood Rd., expressed support for the removal of the existing garage and the proposed new home addition but advocated for re-designing to respect the set-back. She asked for notification regarding demolition since their home is so close. Chair Bollis closed the public hearing at 6:20 p.m. Commissioners said overall it looked like the City would be improving its position and adding a second story would be reasonable because of the small lot. Several said they supported building on the existing footprint, not increasing the structural coverage. Other Commissioners said they were not in support of the application and the applicant should come back with another plan. It was clarified that although the request was for a remodel, approval would give the applicant the right to remove the structure and start over if necessary. The applicant said there is no plan to completely demolish the house and remove the foundation as it was determined the foundation was in good shape and could support the second story. It was stated that pulling the new second story in two feet would be very expensive from a design and structural position and may look odd. Ressler moved, Kraemer seconded, to approve LA24-000043, 1760 Shadywood Rd., Variances. VOTE: Ayes: 4, Nays 2 (Libby and Erickson) 5.3. LA24-000045, LARRY COMPTON O/B/O PARK GUN CLUB, 3660 6TH AVENUE N, INTERIM USE PERMIT FOR MINING/PROCESSING, PUBLIC HEARING The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the Interim Use Permit for mining and processing for a lead reclamation project in the wetland. Staff recommended approval conditioned upon compliance with all permits, for example from the Watershed District and the DNR. (Department of Natural Resources). It would be the first lead reclamation project in the 70-year history of the gun club. The Planning Commission discussed the item and asked questions of staff and the applicant, Larry Compton, Gun Club President, 18525 Pioneer Trail, Eden Prairie. Chair Bollis opened the public hearing at 7:13 p.m. There were no public comments. 192 Date: October 14, 2024 Item: 23 Presenter: James Van Eyll, Fire Chief Section: City Administrator/Engineer Report Title: Accept Donation - Resolution 7514 1.Donations Received: We received a donation of $710.00 for the purchase of a 20 x 30 flag from the Johnson Family 2.Staff Recommendation: Staff recommends the acceptance of the donation AGENDA ITEM COUNCIL ACTION REQUESTED Motion to approve Resolution 7514 accepting the donation of $710.00 for the flag Exhibits Resolution 7514 - Donation FD.docx 193 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7514 A RESOLUTION ACCEPTING A DONATION OF MONEY WHEREAS, the city of Orono is authorized by Minn. Stat. 465.03 to accept donations of real and personal property for the benefit of its citizens and is specifically authorized to accept gifts; WHEREAS, the following Johnson Family has offered to donate $710.00 to City of Orono for the purchase of a flag; WHEREAS, this donation is for the use by the City of Orono to purchase a flag; WHEREAS, the donation is for the benefit of Orono residents; and WHEREAS, the City Council finds that it is appropriate to accept the donation. NOW THEREFORE,BE IT RESOLVED that the Orono City Council gratefully accepts donated monies to purchase a flag to be used by the City of Orono. FURTHER, staff will issue a letter to the donor acknowledging receipt of the donation and expressing appreciation. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on October 14, 2024. ATTEST:CITY OF ORONO _____________________________________________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor 194 Date: October 14, 2024 Item: 24 Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Title: Fox Street Sewer Main Extension (24-044) 1.Purpose: The purpose of this action item is to gain Council approval for the installation of a sanitary sewer main to service 3400 and 3350 Fox Street and waiver of sewer connection fees. 2.Background: The property owners at 3400 and 3350 Fox Street have requested sewer service be extended to service the properties. The properties are in the Metropolitan Urban Service Area (MUSA). The nearest city sewer main is a gravity main manhole near the corner of Bayside Road and Leaf Street. There are a total of 11 parcels along the route of the new main and within the MUSA that could potential connect to the main in the future. The property owners have requested to install a low-pressure force main to connect their neighborhood to the city collection system. The owners have hired an engineering firm to prepare plans for the sewer main and will hire a contractor for the installation of the main. The city will review the plan and complete necessary inspections for the new main. Once complete the main will become the property and responsibility of the city for maintenance. 3.Cost: a. All cost associated with the construction of the sewer mains and service lines will be paid by the residents. Upon completion and acceptance by the city, ongoing maintenance of the sewer and water main portions of the project will be the City’s responsibility. b. Per the City Fee Schedule, the sewer connection fee is $6,0000.00. The estimated cost for the sewer main extension is $121,200.00 (see Exhibit B). In light of the cost to extend the main exceeding the connection fee cost the home owners requests the city waive the connection fees. Further the proposes agreement does include a provision for the reimbursement of the initial two property owners through the collection of connection fees by future connections. 4.Process: Way Forward. If the council approves of the project the follow steps would follow: Applicant will acquire the necessary permits Permit process (MPCA, MCES, MCWD, Hennepin County) The City will complete the design review Resident will construct the sewer main and service line. City will inspect and then accept the sewer main. 5.Staff Recommendation: AGENDA ITEM 195 After consideration of the proposed project, it is my recommendation to approve the sewer and water extensions and to waive the connection fees. The parcels impacted are with in the MUSA per the City's Comprehensive plan as lake shore lots to be connected to sewer when possible. However one item to note is that they are large lots and will impact the Met Council's sewer density calculation and therefore may impact future comp plan amendment requests by the city. COUNCIL ACTION REQUESTED Motion to a. Approve the sewer and water extensions and to waive the connection fees. b. Approve the sewer extension agreement at Exhibit B. Exhibits A. DRAFT Fox_Street_AGREEMENT_FOR_SEWER_LINE_EXTENSION.pdf B. Fox & Leaf Street - Preliminary Utility Plan C. DRAFT-Escrow_Agreement_-_Sewer-Fox_Street.pdf D. DRAFT Fox_Street_CITY_SEWER_EASEMENT.pdf E. Cost Estimate 196 1 233002v1 192738612.2 AGREEMENT FOR SEWER LINE EXTENSION This Agreement for Sewer Line Extension (the “Agreement”) is made and entered into this ______ day of _____________ 24, by and between 3350 FOX STREET, LLC, a Delaware limited liability company (“3350 Fox Street”), and 3400 FOX STREET TRUST, under agreement dated September 16, 2022 (“3400 Fox Street” and collectively with 3350 Fox Street, the “Owner”) and the CITY OF ORONO, a Minnesota municipal corporation (“City”). WHEREAS, 3350 Fox Street is the fee owner of the property with a street address of 3350 Fox Street, Orono, Minnesota, legally described as: Lot 4, Block 1, and an undivided 1/2 interest in and to Outlot A, All in Fullerton Estates, Hennepin County, Minnesota. (the “3350 Fox Street Property”) WHEREAS, 3400 Fox Street is the fee owner of the property with a street address of 3400 Fox Street, Orono, Minnesota, legally described as: Lot 3, Block 1, Fullerton Estates, Hennepin County, Minnesota. (the “3400 Fox Street Property” and collectively with the 3350 Fox Street Property, the “Properties”) WHEREAS, City is a municipal corporation of the State of Minnesota authorized by statute to establish, operate and maintain sewer systems; and WHEREAS, the Properties are located within the Municipal Utility Service Area (MUSA); and WHEREAS, Owner wishes to connect the Properties to the Municipal sanitary sewer system; and WHEREAS, the connection to the Properties will require the construction of a low pressure forcemain from the Properties to the nearest accessible point on the municipal sewer at the corner of Leaf and Bayside Roads; and WHEREAS, City and Owner wish to cooperate to install a new sewer main to the Properties; and WHEREAS, this Agreement defines the roles and responsibilities for each party regarding the sewer extension. 197 2 233002v1 192738612.2 NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Owner agree as follows: 1. EXISTING SEWER LINE. The City authorizes the connection of the new main to the existing sewer structure (manhole) at the corner of Leaf Street and Bayside Road. 2. NEW SEWER LINE EXTENTION; OWNER REIMBURSEMENT. The Owner, as the initial beneficiary of such sewer line extension, will design, construct and pay for a new sewer line to be installed within the privately-owned Fox Street (Outlot A, Fullerton Estates, Hennepin County, Minnesota) and the Leaf Street public right of way as depicted in Exhibit A attached hereto and incorporated herein by reference (collectively, the “Improvements”). Notwithstanding Owner’s payment obligation described in the prior sentence, for a period of 15 years after the City’s acceptance of the Improvements constructed pursuant to this Agreement (the “Reimbursement Period”), Owner shall have the right to collect fees paid by other property owners of the eleven properties abutting Fox Street that wish to connect to and benefit from the Improvements in the future (each a “Future Fox Street Beneficiary”), as reimbursement to Owner for the substantial costs incurred by Owner for designing, constructing and installing the Improvements. The amount of such reimbursement from any Future Fox Street Beneficiaries shall be the same as that Future Fox Street Beneficiary’s cost-share allocation set forth in that Declaration of Private Road Easement and Related Covenants (Fox Circle), filed in the Hennepin County Registrar of Titles as Document No. T2868639 (the “Fox Street Cost-Share Allocation”) of the total actual amount incurred by Owner for the design and construction of the Improvements, which total actual amount shall be agreed to in writing by the Owner and City upon the City’s acceptance of the Improvements, as set forth in this Agreement. During the Reimbursement Period, prior to approving any connection to the Improvements within Fox Street by a Future Fox Street Beneficiary, the City shall charge a connection fee that includes such Fox Street Cost-Share Allocation, which, in turn, the City shall promptly deliver to Owner at the notice address set forth in this Agreement. 3. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Improvements shall be installed in accordance with City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Owner shall submit plans and specifications which have been prepared by a competent registered Minnesota professional engineer to the City for approval by the City Engineer. The Owner shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City’s discretion and at the Owners’ expense, have one or more City inspectors inspect the work as the City may reasonably determine to determine whether the Improvements are installed in accordance with the City’s requirements set forth in this Agreement. The Owner, its contractors and subcontractors, shall follow all instructions received from the City's inspectors, to the extent following such instructions are necessary to comply with the requirements set forth in this Agreement. The Owner's engineer shall 198 3 233002v1 192738612.2 provide for on-site project management. The Owner's engineer is responsible for design changes and contract administration between the Owner and the Owner's contractor. The Owner or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 4. PERMITS. The Owner shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to the following to the extent required: • City of Orono Permits for utility connection. • MCWD for erosion control permit and storm water management permit • Sewer Extension Permit Approved by MCES and MPCA • Right of Way Permit from Hennepin County for work within the Leaf Street (CSAH 84) Right of Way 5. EASEMENTS. Upon the City’s acceptance of the Improvements pursuant to this Agreement, Owner shall grant or cause the grant of a permanent easement within Fox Street for the City’s ongoing maintenance of the Improvements. The form of easement shall be substantially in the form attached hereto as Exhibit B. 6. BILLS. In accordance with, and as more particularly described in, the Escrow Agreement, the Owner shall pay the pass through bills reflecting the reasonable, actual out- of-pocket costs that City incurs with respect to the plan review and construction observation inspections of the improvements by City staff, as required by this Agreement. 7. DESIGN. The Owner will design the sewer extension, determine construction limits, obtain necessary permits, hire a contractor, manage the contract, and pay for the Improvements (subject to future reimbursement described in Paragraph 2 above). Other items included are street pavement patching, concrete curb and gutter, concrete driveway aprons, concrete sidewalks, coordination with private utilities, irrigation repairs, and notification to neighbors about the project. 8. APPROVAL. City must provide written approval of the design of the sewer line extension or before November 1, 2025 or this Agreement shall be null and void. 9. ESCROW. Concurrent with the date of this Agreement, the Owner and City shall enter into a separate escrow agreement for the sewer line extension project described in this Agreement, substantially in the form attached hereto as Exhibit C (the “Escrow Agreement”). The Escrow Agreement will operate to guaranty completion of the requirements in this Agreement and for payment to the City for all out-of-pocket costs the City will incur with respect to the review and inspection of the Improvements by City staff. 10. WAIVING CONNECTION FEE. In light of the cost to the Owner to construct the Improvements, as applied to Owner, the City waives the standard sewer connection fee as outlined in the City’s fee schedule. 199 4 233002v1 192738612.2 11. WARRANTY. The Owner’s contractor shall warrantee all Improvements against poor material and faulty workmanship. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council pursuant to this Agreement. 12. AS-BUILT DRAWINGS. Within thirty (30) days after the completion of the Improvements and before the Escrowed Funds (defined in the Escrow Agreement) are released pursuant to the terms of the Escrow Agreement and the Improvements are accepted by the City, the Owner shall supply the City with a complete set of reproducible "as constructed" plans, all prepared in accordance with City standards, which plans shall allow the City track any changes between the original plans and the completed Improvements that may take place during the construction. 13. OWNERSHIP OF IMPROVEMENTS. Upon successful completion of the Improvements and the City’s acceptance of the Improvements in accordance with this Agreement, the city will own the sewer main and be responsible for its continued maintenance and upkeep. 14. NOTICES. Any notice given under this Agreement shall be deemed given on the third business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to Owner: 3350 Fox Street LLC 7151 Metro Blvd. Edina, MN 55439 If to City: City Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, City and Owner have entered into this agreement as of the date and year first above written. CITY OF ORONO: 200 5 233002v1 192738612.2 By: Dennis Walsh, Mayor By: ______________________________ Adam Edwards, City Administrator OWNER: 3350 FOX STREET, LLC, a Delaware limited liability company By: ____________________ Its: _____________________ Name: __________________ 3400 FOX STREET TRUST, under Agreement dated September 16, 2022 By: ____________________ Its: _____________________ Name: __________________ 201 6 233002v1 192738612.2 EXHIBIT A to AGREEMENT FOR SEWER LINE EXTENSION DESCRIPTION OF IMPROVEMENTS [ATTACH] 202 7 233002v1 EXHIBIT B to AGREEMENT FOR SEWER LINE EXTENSION FORM OF CITY SEWER EASEMENT [ATTACH] 203 8 233002v1 EXHIBIT C to AGREEMENT FOR SEWER LINE EXTENSION FORM OF ESCROW AGREEMENT [ATTACH] 204 205 206 207 208 209 232998v1 CORE/2063606.0012/192738613.2 ESCROW AGREEMENT ESCROW AGREEMENT made this ______ day of _____________, 20___, by and between the CITY OF ORONO, a Minnesota municipal corporation (“City”) and 3350 FOX STREET, LLC, a Delaware limited liability company, and 3400 FOX STREET TRUST, under agreement dated September 16, 2022 (collectively, “Owner”). Recitals A. Pursuant to that Agreement for Sewer Line Extension (the “Extension Agreement”) executed concurrently herewith, Owner will be installing a sanitary sewer extension to serve each of Owner’s properties located at 3400 Fox Street & 3350 Fox Street, City of Orono, Hennepin County, Minnesota (the “Project”). The sewer extension is proposed to run through the private road of Fox Street (Outlot A, Fullerton Estates, Hennepin County, Minnesota) and the public right of way of Leaf Street. B. Pursuant to the Extension Agreement, the City is requiring Owner to cover all actual, reasonable out-of-pocket expenses incurred by the City for engineering review, inspection and legal consulting services associated with this Project, as more particularly described in the Extension Agreement (collectively, the “City Costs”). C. Pursuant to the Extension Agreement, Owner has agreed to provide a cash escrow to the City as financial security for Owner’s compliance with the Extension Agreement and Owner’s payment of the City Costs, subject to the terms and conditions of this Escrow Agreement. D. The City has determined that this Escrow Agreement constitutes adequate assurances from the Owner, sufficient to protect the City from potential damages and noncompliance with the City Code. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. INCORPORATION OF RECITALS AND DOCUMENTS. The recitals set forth above are acknowledged by the parties hereto to be true and correct and are hereby incorporated herein by reference. 2. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, Owner shall deposit ten thousand and No/100 dollars ($10,000.00) with the City (the “Escrow Funds”), which shall be deposited in a City account and held and later drawn upon or released by the City in accordance with the terms of this Escrow Agreement. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. The Escrow Funds shall not be used or pledged by the City for any other purposes except as set forth in this Agreement. 3. PURPOSE OF ESCROW. The purpose of the Escrow Funds is to guarantee that the sewer and water extension project is completed properly according to the approved plans by Sathre- Bergquist, Inc, dated October 9, 2025. Additionally, the Escrow Funds guarantee Owner’s 210 232998v1 CORE/2063606.0012/192738613.2 reimbursement to the City for all out-of-pocket expenses incurred for engineering, inspection and legal consulting services associated with this Project and required by the City pursuant to the terms of the Extension Agreement, including any costs incurred by the City in the City’s preparation of as-built drawings of the sewer line extension, to the extent required under the Extension Agreement.1 4. MONTHLY BILLING. The City will monthly forward to the Owner, at the notice address specified in Paragraph 7 below, a statement and bill for City Costs incurred by the City. Such statements shall be due and payable within 15 days of receipt by the Owner. No statement will be sent if there are no expenses incurred in the period since the most recent statement. In such statements, the City shall itemize all time, services, and materials billed to the Owner and said time, services, and materials shall be in accordance with the rules, regulations, and fees as promulgated and adopted by the City Council and within the scope of the terms of the Extension Agreement. 5. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Owner does not make payment to the City as provided in Paragraph 4 above, the City may draw from the Escrow Funds from time to time without further approval of the Owner to reimburse the City for City Costs the City has incurred. The City shall promptly notify the Owner of any draws the City has made and the nature of the City Costs for which the reimbursement is being made in accordance with this Paragraph 5, and such notice shall include a copy of the applicable unpaid statement previously sent to Owner in accordance with Paragraph 4 of this Escrow Agreement. 6. CLOSING ESCROW. The Escrow Funds, less any eligible expenses drawn by the City pursuant to this Escrow Agreement, shall be returned to the Owner after the Project has been accepted by the City pursuant to Paragraph 13 of the Extension Agreement. 7. NOTICES. Unless otherwise stated in this Agreement, any notice given under this Agreement shall be deemed given on the third business day following the date the same is deposited in the United States Mail (registered or certified) postage prepared, addressed to the address of Owner or City, as applicable, set forth in the notices provision of the Extension Agreement. CITY OF ORONO: By: Dennis Walsh, Mayor By: Adam Edwards, City Administrator 211 232998v1 CORE/2063606.0012/192738613.2 OWNER: 3350 FOX STREET, LLC, a Delaware limited liability company By: ____________________ Its: _____________________ Name: __________________ 3400 FOX STREET TRUST, under agreement dated September 16, 2022 By: ____________________ Its: _____________________ Name: __________________ 212 CORE/2063606.0012/233005v1 _________________________________________________________________________ EASEMENT FOR SANITARY SEWER LINE THIS EASEMENT FOR SANITARY SEWER LINE (this “Agreement”) is made as of the ___ day of _____, 20__ (the “Effective Date”), by and between 3350 FOX STREET, LLC, a Delaware limited liability company, as to an undivided 1/2 interest (“3350 Fox Street”), and SF REAL ESTATE LLC, a Minnesota limited liability company, as to an undivided 1/2 interest (“SF Real Estate” and collectively with 3350 Fox Street, the “Grantors”) and the CITY OF ORONO, a Minnesota municipal corporation (“City”). R E C I T A L S: A. The Grantors are the fee owners of the parcel of land in Hennepin County, Minnesota, legally described as Outlot A, Fullerton Estates, Hennepin County, Minnesota, and commonly referred to as “Fox Street” (the “Grantor Tract”). B. 3350 Fox Street and 3400 Fox Street Trust (collectively, the “Initial Beneficiaries”), constructed, at their own expense, certain sanitary sewer main and sewer line improvements within the Grantor Tract (the “Improvements”) that connect the Fox Street properties owned by 3350 Fox Street and 3400 Fox Street Trust to the City’s sewer collection system. C. As of the Effective Date, the City wishes to accept the Improvements as City property and to assume the ongoing maintenance and repair of such Improvements. D. To permit such ongoing maintenance and repair of the Improvements, the Grantors and the City desire to enter into this Agreement upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors and the City agree and covenant as follows: 1. Grant of Sanitary Sewer Easement. Subject to the terms of this Agreement and easements and encumbrances of record, the Grantors hereby grant, bargain, sell and quitclaim to the City, without representation or warranty of any kind, a non-exclusive perpetual easement for the sole purpose of maintaining and repairing the Improvements located within the Grantor Tract, including the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Grantor Tract at all reasonable times to reconstruct, inspect, repair, and maintain the Improvements, together with the right to grade, level, fill, drain and excavate the Grantor Tract and remove trees, bushes, undergrowth, and other obstructions interfering with the Improvements (the foregoing, collectively, the “Permitted Activities”). Notwithstanding anything herein to the contrary, the City agrees that (i) access to, upon, or across the Grantor Tract by Grantors and those property owners benefiting from 213 233005v1 2 that Declaration of Private Road Easement and Related Covenants (Fox Circle), filed in the Hennepin County Registrar of Titles as Document No. T2868639 (the “Fox Street Declaration”), shall not be interrupted by the City’s Permitted Activities, except that the area of such access may be temporarily reduced during City’s Permitted Activities within the Grantor Tract, and (ii) the City shall, at the City’s expense, restore any portion of the Grantor Tract disturbed or altered by any Permitted Activities to the condition reasonably similar to the condition existing prior to such Permitted Activity. Grantor acknowledges that the City will make all reasonable efforts to minimize the disturbance or alteration of the affected portion of the Grantor Tract, and that the City shall not be obligated to conduct or reimburse the Grantors for extensive landscaping work or materials as part of the restoration work. 2. City Maintenance of Improvements. In the event that the City desires to conduct routine maintenance, repairs, inspection, or replacement to the Improvements, the City shall have the right to enter the Grantor Tract to perform such work; provided, however, for any major repairs, replacements, or planned disruptions, the City shall first attempt to provide reasonable notice to the Grantors prior to performing work within the Grantor Tract. Notwithstanding the forgoing, in the event of an emergency, the City may enter upon the Grantor Tract without such prior notice to the Grantors. 3. Reserved Use of Grantor Tract. The Grantors reserve the right to occupy, use and maintain the Grantor Tract for all purposes that do not interfere with or prevent use of the Grantor Tract by the City as contemplated herein, and, without limiting the forgoing, Grantors shall be permitted to construct, maintain and repair, as necessary, any landscaping and improvements within the Grantor Tract to the extent such activities do not interfere with the City’s easement granted herein. 4. Indemnification. The Grantors shall indemnify and hold the City harmless from and against all claims, lawsuits, costs, expenses, damages or liabilities (including reasonable attorneys’ fees and costs) arising or resulting from any occurrence caused by Grantors within the Grantor Tract, including, to the extent arising out of the possession, use, occupancy, maintenance or control of the Grantor Tract, except to the extent caused by the gross negligence, willful misconduct, breach of this Agreement or violation of applicable laws by the City, anyone claiming under the City or any of its respective employees, agents, representatives, contractors and/or subcontractors, and the filing or potential filing of any mechanic’s or materialman’s lien or other proceeding (including, without limitation, any lis pendens) against the Grantor Tract in connection with any work or activity by the City or anyone claiming under the City or any of its respective employees, agents, representatives, contractors and/or subcontractors. 5. Insurance. Each party shall maintain their own commercial general liability insurance against claims on account of bodily injury or death and property damage incurred upon or about the Grantor Tract as related that party’s use of the Grantor Tract, in amounts deemed prudent and reasonable under the circumstances. Notwithstanding anything to the contrary contained herein, the parties hereby release one another and their respective agents from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property or liability insurance within the Grantor Tract, to the amount of insurance proceeds received, even if such loss or damage was caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. 6. Notice of Future Connection Fees. In addition to the grant of easement herein to the City, the Grantors hereby memorialize an agreement between the City and the Initial Beneficiaries as to future use of the Improvements within the Grantor Tract. Specifically, pursuant to a separate, 214 233005v1 3 unrecorded Agreement for Sewer Line Extension between the City and the Initial Beneficiaries, during that period of 15 years after the Effective Date of this Agreement (the “Reimbursement Period”), the City agreed to facilitate a partial reimbursement to the Initial Beneficiaries for the substantial costs they incurred in their design, construction and installation of the Improvements. During the Reimbursement Period, to the extent any property owners with properties abutting the Grantor Tract wish to connect to and benefit from the Improvements in the future (each property owner being a “Future Fox Street Beneficiary”), prior to approving any such connection to the Improvements within the Grantor Tract by a Future Fox Street Beneficiary, the City will charge that Future Fox Street Beneficiary a connection fee, the amount of such connection fee being that Future Fox Street Beneficiary’s cost-share allocation, as set forth in the Fox Street Declaration (the “Fox Street Cost-Share Allocation”), of the total actual amount incurred by Owner for the design and construction of the Improvements, which was ($_______). 8. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the signatories hereto and shall run with the land. 9. Governing Law. This Agreement shall be governed by and construed in accordance with Minnesota law. 10. Severability. Should any term, covenant, condition, provision, sentence or part thereof of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the remaining terms and provisions shall, nevertheless, remain in full force and effect. 11. Relationship of Parties. No provision of this Agreement and no action taken pursuant hereto shall create any relationship between the Grantors and the City, other than as specifically set forth herein. 12. Headings; Interpretation. The language in this Agreement shall be construed simply according to its generally understood meaning, and not strictly for or against any party and no interpretation shall be affected by which party drafted any part of this Agreement. Whether or not expressly provided where such term appears in this Agreement, the term “include” (and any variation thereof) is not limiting and instead means “including but not limited to.” The headings to the Sections of this Agreement are incorporated for convenience only and shall have no effect upon the construction or interpretation of this Agreement. 13. Amendment or Modification. This Agreement and any of the rights and easements created hereby may be terminated or amended only by an instrument duly executed by all the parties hereto. 14. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of all or any portion of the easement hereby created, or portions thereof, to the general public. [Signature and notary page follows] 215 233005v1 4 IN WITNESS WHEREOF, the Grantors have caused this Agreement to be duly executed in their name as of the date first above written. 3350 FOX STREET: 3350 FOX STREET, LLC, a Delaware limited liability company By: ____________________ Its: _____________________ Name: __________________ STATE OF MINNESOTA ) ) SS. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this ___ day of _______, 20__, by ________, as ________ of 3350 Fox Street, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: STINSON LLP (DBG) 50 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 335-1500 216 233005v1 5 SF REAL ESTATE LLC: SF REAL ESTATE, LLC, a Minnesota limited liability company By: ____________________ Its: _____________________ Name: __________________ STATE OF MINNESOTA ) ) SS. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this ___ day of _______, 20__, by ________, as ________ of 3350 Fox Street, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 217 233005v1 6 MORTGAGE HOLDER CONSENT AND SUBORDINATION TO EASEMENT FOR SANITARY SEWER LINE TRADITION CAPITAL BANK, which holds a mortgage on all or part of the property more particularly described in the foregoing easement, which mortgage is dated February 25, 2022, and filed for record February 28, 2022, in the Hennepin County Registrar of Titles as Document No. T5925504, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby consent to the foregoing easement, and agrees that the mortgage shall be subject to the rights granted to the City of Orono therein. TRADITION CAPITAL BANK By: __________________________________ Name: ______________________________ Its: _________________________________ STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of _____________, 202__, by _________________________ the ______________________ of Tradition Capital Bank, on behalf of the entity. _____________________________________ Notary Public 218 PROPOSALE. J" IVlayers []VC210{}0 Larkin RoadI-larlleX, i\IN 5534(l[: nt:ril: crn ictnaversI?r.jcomcast" ncfPhone: (612).tq0-01 ts.[rrtx: {7(r3) ;&?8-q860l]resitl*nt: flrn it iHitutrrsVic* Preside nt: ,ltttn $cltl*:;rt'r"l'roSubrnitte*J 'I'u:'l'lv'ork*d "['o lk: Purtirrnrrd At:,{f,:C triPT.! TCE OF PROPO$.TL'f ht it*iove price.*, spccilieations :lntl criiltlifiorr:,- ilt-c sttislirctorl, and are herehl' acceptrd.l'tttt ;ti't: rlutltorized trl tlo the lvrtrk as spr:*i*i*ri. [];tt'urent n'il] h* madrr as outlin*:4 Rh,r,e.Lip -.\iiltir-')., i i,,:,,11t'i r'.'Slillurllltr'rttt'51atrrCityl'it;'uctDate of FlansArchitectIlall*rs l$Rcspectftrlly submiffedPerNote-'I"his proposirl rnirv hc tr,illrdruu,n h\, $u it'notacceptetl n'ithinti:tvr.IlFox Street, Leaf Street Lcw Preasure Sewerlnstallow presure sewer $ystem per engtneers plans.lncludes1 -3300 feet at 2" sewer line.2 - 2 air relea$e man holes.3 - All valve$ perpans4 - Restorial219 Date: October 14, 2024 Item: 25 Presenter: Adam Edwards, City Administrator / Engineer Section: Council Committee Reports Title: Council Committee Reports 1.Purpose: The purpose of the agenda item is for the Orono council members to update one another on recent committee meetings. 2.Last Meeting: The following committee meetings occurred since the last Council meeting: A. The Budget Committee met on October 3, 2024. 3.Members: Council Members. Mayor Walsh & Maria Veach City Staff Members. Adam Edwards & Maggie Jin AGENDA ITEM COUNCIL ACTION REQUESTED Discussion Item - no formal action required. 220