HomeMy WebLinkAbout12-9-2024 CC Agenda Packet - updated 12-9-2024Agenda
City Council Meeting
Monday, December 9, 2024, 6:00 PM
City Council Chambers | 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 /oronomn.gov
1. City Council Minutes
2. Claims/Bills
3. Rental Licenses
4. Donation to Tree Lighting Event - Resolution 7547
5. Surplus Disposal of Firearms
6. Agreements - Prosecution Services - Resolutions 7540, 7541
7. Agreement - Franchise for Cable Services
8. Hire Firefighter
9. Adopt 2025 General Fund Budget and Tax Levy - Resolutions 7536, 7537
10. Adopt 2025 Special Revenue Fund Budgets - Resolution 7538
11. Adopt 2025 Enterprise Fund Budgets - Resolution 7539
12. Adopt 2025 Fee Schedule - Ordinance 308
13. Adopt 2025 Capital Improvement Plan
14. LA24-000060, 755 Tonkawa Rd, Conditional Use Permit - Resolution 7545
15. LA24-000058, 975 Wildhurst Trail, Variances - Resolution 7544
16. LA24-000040, 2300 6th Avenue North, Preliminary Plat - Resolution 7542
17. LA24-000050, 1449 Shoreline Drive, Variance and Commercial Site Plan Review - Resolution
7543
18. LA24-000064, Text Amendment: Driveway, Road, and Tree Alteration Standards - Ordinance 311
19. LA24-000057, 1480 Bracketts Point Rd, Final Plat "Bracketts Point 3rd Addition" -
Resolution 7534
20. LA24-000062, Text Amendment: Sections 78-1 and 78-823 Industrial Uses - Ordinance 310
Roll Call
Pledge of Allegiance
Approval of Agenda
Consent Agenda
These items are considered routine and will be enacted by one motion with no discussion unless a council member or staff requests, in
which event the item will be removed from the consent agenda for separate discussion and action.
Community Development Report
Finance Report
Attorney Report
City Administrator/Engineer Report
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
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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
Dec 14 Brunch - a cup of christmas tea reading @ Gillespie Center
Dec 21 Pancake Breakfast - meet santa @ Gillespie Center
Dec 24 Holiday - offices closed
Dec 25 Holiday - offices closed
Jan 01 Holiday - offices closed
Jan 07 Park Commission
Jan 13 City Council
Jan 20 Holiday - offices closed
Jan 21 Planning Commission
Jan 27 City Council
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Date: December 9, 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 November 25, 2024.
Exhibits
11-25-2024 CC Minutes - work session
11-25-2024 CC Minutes
3
Minutes
City Council Work Session
Monday, November 25, 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, Maria Veach.
Staff present: City Administrator Adam Edwards, Finance Director Maggie Jin, Parks and Facilities
Superintendent Taylor Zinnel, Public Works Superintendent DJ Goman,Community Development
Director Oakden,and City Clerk Christine Lusian.
FEE SCHEDULE
Administrator Edwards introduced fees and services. Finance Director Jin presented on and
council members discussed the rates and fees that Orono will charge for services in 2025.
Changes include formatting to make the schedule easier to understand and increases to utility,
golf passes, police service, and addition of a brush site section.Members had some discussion on
water rate tiers and how to manage large logs at the brush site.
TREE PLAN
Edwards introduced the background and development of a draft tree plan and handed off to Parks
and Facilities Superintendent Taylor Zinnel who provided information on the inventory, stages of
plan development, emerald ash management in public spaces, vision and goals, talked through
the draft plan submitted by Davey Resource Group. Zinnel noted that the timeframe on
completing a plan draft could be another month or so and a plan is important for grant eligibility.
Zinnel also confirmed that he’d be getting tree inspector certification and work with planning
department on merging requirements of lakeshore setbacks and diversity in species.Oakden
explained that public education information for residents and their private trees is available on
the website.
ADJOURNMENT
Work session ended at 5:41 p.m.
ATTEST:CITY COUNCIL
________________________________________________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
4
Minutes
City Council Regular Meeting
Monday, Nov. 25, 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 Alisa Benson,
Richard Crosby III, Maria Veach and Claire Berrett (seated at 6:28 p.m.).Members absent: None
Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, Finance
Director Maggie Jin,Fire Chief James Van Eyll, City Clerk Christine Lusian, and Community
Development Director Laura Oakden.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
CONSENT AGENDA
1.City Council Minutes
2.Claims/Bills
3.Meeting Calendar 2025
4.Tree Lighting Event Funding –Resolution 7535
5.Agreements –Record Technology Improvements
6.Donation of Volunteer Time –Resolution 7531
7.Appoint Public Utilities Supervisor (Water and Sewer)
8.Appoint Accounting Technician and Recruitment of Administrative Assistant
9.Capital Lease Agreement –Resolution 7532
10.Stonebay Common Element Parcel Purchase and Sale Agreement and Cancelation of Special
Assessment
11.Final Pay Request –2024 Street Improvement Project (24-001)
12.LA24 –000053, 700 North Arm Drive, Variances –Resolution 7533
Crosby moved, Walsh seconded, to approve the Agenda and the Consent Agenda as submitted and
to move item 15 to follow item 12. VOTE: Ayes 3, Nays 1 (Benson).
Benson asked to remove Item 9 from the Consent Agenda. Walsh asked Crosby if he would like to amend
his motion and remove Item 9 and Crosby declined to amend the motion.
15.Council Vacancy Appointment
Walsh noted that a number of people reached out to him regarding the vacancy and he cited that the
League of Minnesota Cities materials suggested an appointment should be made promptly. He added that
he was looking for someone that has been active in the Orono community.
Benson explained her opposition to Mayor Walsh making an appointment tonight. Benson’s concerns
included not following recommendations from staff to use best practices allowing an application period,
interviewing applicants, and as a council group selecting the best candidate to represent Orono. Benson
noted that the City is not under any obligation to rush the appointment process.
5
Minutes
City Council Regular Meeting
Monday, Nov. 25, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 2 of 4
Attorney Mattick added that the City Council is not required to fill the vacancy at this meeting,but may
fill it.
Veach described her opposition to Mayor Walsh making an appointment tonight. Veach explained her
own experience being appointed and controversy she received from the process affected her whole time
on the City Council. Veach outlined a number of important applicant criteria that the council should
review before an appointment to the City Council, such as prior experience on a board or commission and
schedule/availability.
Walsh moved, Crosby seconded, to appoint Claire Berrett to the City Council seat vacated by Matt
Johnson effective immediately to fill the remainder of the term through 2026. VOTE: Ayes 2, Nays
2 (Benson and Veach). The motion failed.
Attorney Mattick said since the motion failed,the mayor was able to make an appointment pursuant to the
terms outlined in Minn. Stat. 412.02.
Walsh appointed Claire Berrett to the vacant City Council seat and conducted a swearing in
ceremony.Berrett signed her oath and took seat at the Council dais at 6:28 p.m.
PUBLIC HEARING
13.Cable Franchise Agreement Public Hearing
Ellie Burrows from Midco,along with Ryan Barr and Eric Householder,gave a presentation on their
request for a franchise to serve the City of Orono with cable, telephone,and internet through a fiber
network with a goal of being complete by 2027.
Mayor Walsh opened the public hearing at 6:41 p.m.
Janie Delaney,1315 Woodhill, asked about construction and the process, including whether the fiber
would be underground.
Kelly Grady, Long Lake, commented that Orono is being called a rural area for the purpose of the
proposed franchise but wanted a suburban fire department.
Mayor Walsh closed the public hearing at 6:47 p.m.
Mattick explained the public hearing was in regard to the request to have a franchise agreement. He said
agreements are not exclusive and do not constitute an endorsement by the City.
Veach moved, Crosby seconded, to direct staff to prepare a franchise agreement with Midco for
consideration at the Dec. 9, 2024,meeting. VOTE: Ayes 5, Nays 0.
14.2025 Budget and Levy (Truth in Taxation) Public Hearing
Finance Director Jin presented the 2025 General Fund Budget and Levy and said the City is required to
have a public hearing on the Budget and Levy. She said property tax questions could be directed to
Hennepin County.Jin said Orono would have the lowest levy increase in Hennepin County at just over
two percent and the County average is 10 percent.
6
Minutes
City Council Regular Meeting
Monday, Nov. 25, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 3 of 4
Mayor Walsh opened the public hearing at 7:03 p.m.
Kelly Prchal, 4705 Watertown Road, asked if the meeting was being broadcast because she had heard
from someone that the video was not live.
Brian Turbeville, 997 Wildhurst Trail, said it was great we have the lowest tax rate but as one of the
richest communities,more money is collected than any of the other cities.
Cindy McDonnell, 1420 Balder Park Road,asked if the City decides not to spend money on a redundant
fire department will that affect the levy for the next year.
Richie Anderson, 3205 Crystal Bay Road, asked about the category “other special taxing district”that
does not require a meeting.
Mayor Walsh closed the public hearing at 7:07 p.m.
Veach moved, Crosby seconded, to direct staff to bring approval of the budget and levy to the
December meeting. VOTE: Ayes 5, Nays 0.
COMMUNITY DEVELOPMENT REPORT
Community Development Director Oakden reported on the Planning Commission and her department’s
activities.
FINANCE DIRECTOR REPORT
Finance Director Jin said her department has been wrapping up 2024 financials for the audit.
PUBLIC SAFETY REPORT
Fire Chief Van Eyll reported on the number and type of calls during the last month and on Community
Engagement activities. He said about 90 percent of the calls are handled by the duty crews. The
department has taken delivery of the new tanker and is getting it outfitted and ready to put into service.
CITY ATTORNEY REPORT
None.
COUNCIL COMMITTEE REPORTS
None
CITY ADMINISTRATOR/ENGINEER REPORT
15.Council Vacancy Appointment
This item was moved to follow the Consent Agenda.
7
Minutes
City Council Regular Meeting
Monday, Nov. 25, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 4 of 4
City Administrator Edwards said most of the activity the last month has been filling positions through
promotions and recruitment.
PUBLIC COMMENTS
Kelly Prchal,4705 Watertown Road;Brian Turbeville, 997 Wildhurst Trail; Nancy Brantingham, 3185
County Rd. 6;Kim Carswell 261 Cygnet Place; Cindy McDonnell, 1420 Balder Park Road;Andy Cohen,
4100 Elm Street; Bob Tunheim, 679 Minnetonka Highlands Lane; Kelly Grady, Long Lake; provided
comments.
MAYOR/COUNCIL REPORT
Mayor and Council provided reports.
ADJOURNMENT
Walsh moved, Crosby seconded, to adjourn the meeting at 7:43 p.m.to Monday, December 9, 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 December 9, 2024. Meeting videos and transcripts
available at oronomn.gov.
8
Date: December 9, 2024 Item: 2
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 124872 to
124956 and ACH transactions 20130581 to 20130587 totaling $369,154.40.
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 2024-12-04
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City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CENTRAL PENSION FUND SOU 11/26/2024 124872 11.27.24 FU 101-21705 CENTRAL PENSION FUND 11.27.2024 2,000.00
Total 124872:2,000.00
FIDELITY SECURITY LIFE INSU 11/26/2024 124873 166515450 101-21716 VISION PLAN 11/2024 297.52
Total 124873:297.52
GUARDIAN FLEET SAFETY 11/26/2024 124874 231920 101-42110-550 SQUAD SETUP #273 Police Department 4,275.00
Total 124874:4,275.00
International Union Local #49 11/26/2024 124875 NOV 2024 101-21707 LOCAL 49 DUES - 11/2024 455.00
Total 124875:455.00
LAW ENFORCEMENT LABOR S 11/26/2024 124876 NOV 2024 101-21707 LELS DUES - LOCAL 168 11/2024 352.50
LAW ENFORCEMENT LABOR S 11/26/2024 124876 NOV 2024 101-21707 LELS DUES - LOCAL 40 11/2024 1,375.66
Total 124876:1,728.16
METLIFE SMALL BUSINESS CE 11/26/2024 124877 NOV 2024 101-21709 DENTAL INSURANCE 12/24 3,149.01
Total 124877:3,149.01
NCPERS GROUP LIFE INS.11/26/2024 124878 6732001220 101-21710 PERA LIFE 12/2024 432.00
Total 124878:432.00
OPEIU - LOCAL 12 11/26/2024 124879 NOV 2024 101-21707 UNION DUES - LOCAL 12 11/2024 826.00
Total 124879:826.00
SUN LIFE FINANCIAL 11/26/2024 124880 NOV 2024 S 101-21714 STD- 11/2024 1,035.20
SUN LIFE FINANCIAL 11/26/2024 124880 NOV 2024 S 101-21710 LIFE INSURANCE - 11/2024 1,173.92
Total 124880:2,209.12
THE HARTFORD 11/26/2024 124881 NOV 2024 101-21713 LTD 11/2024 1,780.88
10
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 124881:1,780.88
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 701-49800-221 SHOP TOWELS - PW Fleet Services 3.96
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 101-41900-223 MOPS/CLEANING TOWELS Central Services 39.37
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 101-43000-404 RUGS-PW Public Works Department 28.73
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 101-45200-226 UNIFORMS-PARKS Parks 16.50
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.50
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 101-41900-226 UNIFORMS-FACILITY Central Services 6.64
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 651-49910-226 UNIFORMS - STORMWATER Storm Water 63.17
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 101-43000-226 UNIFORMS-STREETS Public Works Department 63.18
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 601-49400-226 UNIFORMS PW-WATER DEPT Water 18.08
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 18.08
UNIFIRST CORPORATION 11/26/2024 124882 1410099796 701-49800-226 UNIFORMS - FLEET Fleet Services 40.74
Total 124882:314.95
UTILITY BILL REFUND 11/26/2024 124883 752 BOULDE 999-10015 UB REFUND - 752 BOULDER DR - ERICKSON 19.53
UTILITY BILL REFUND 11/26/2024 124883 752 BOULDE 999-10015 UB REFUND - 752 BOULDER DR - ERICKSON 19.53-
Total 124883:.00
NANCY ERICKSON 11/26/2024 124884 752 BOULDE 999-10015 UB REFUND - 752 BOULDER DR - ERICKSON 19.53
Total 124884:19.53
All Flags LLC 12/09/2024 124885 535695 101-41900-223 FLAGS FOR CITY CAMPUS Central Services 201.27
Total 124885:201.27
ASSOCIATION OF MINN. BUILDI 12/09/2024 124886 86698110 101-42260-437 SPRINKLER PLAN REVIEW CLASS Fire Protection Services 400.00
Total 124886:400.00
AT&T MOBILTY 12/09/2024 124887 12.2024 FIR 101-42260-414 AT&T BILL 10.26.24 - 11.25.2024 Fire Protection Services 267.61
AT&T MOBILTY 12/09/2024 124887 2873263270 101-42260-321 FIRE - PHONE SERVICE 10/26-11/25/24 Fire Protection Services 44.88
AT&T MOBILTY 12/09/2024 124887 2873263270 101-42110-321 POLICE PHONES AND HOTSPOTS 10/26-11/25/24 Police Department 1,867.20
Total 124887:2,179.69
11
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
BEAUDRY OIL & SERVICE INC 12/09/2024 124888 2770059 701-49800-212 DIESEL FUEL Fleet Services 3,213.07
BEAUDRY OIL & SERVICE INC 12/09/2024 124888 2770063 701-49800-212 UNLEADED FUEL Fleet Services 5,147.56
BEAUDRY OIL & SERVICE INC 12/09/2024 124888 2775553 701-49800-213 BULK OIL Fleet Services 2,642.25
Total 124888:11,002.88
BIFFS INC 12/09/2024 124889 INV227122 101-45200-415 BIFF RENTAL-BEDERWOOD PARK Parks 33.97
BIFFS INC 12/09/2024 124889 INV227123 101-45200-415 BIFF RENTAL-SUMMIT BEACH Parks 21.00
BIFFS INC 12/09/2024 124889 INV227125 101-45200-415 BIFF RENTAL-HACKBERRY PARK Parks 25.92
BIFFS INC 12/09/2024 124889 INV227126 613-49830-415 BIFF RENTAL-GOLF COURSE Golf Course 121.00
BIFFS INC 12/09/2024 124889 INV227127 101-45200-415 BIFF RENTAL-CRYSTAL BAY PLAYGROUND Parks 12.97
BIFFS INC 12/09/2024 124889 INV227128 101-45200-415 BIFF RENTAL-NAVARRE PLAYGROUND Parks 21.00
BIFFS INC 12/09/2024 124889 INV227129 101-45200-415 BIFF RENTAL-LURTON PARK Parks 121.00
BIFFS INC 12/09/2024 124889 INV227130 101-43100-415 BIFF RENTAL-BRUSH SITE Brush Site 121.00
Total 124889:477.86
BOLTON & MENK INC.12/09/2024 124890 0351129 601-16500 22-022 SOUTH WATERPLANT CONTROL UPGRA 131.50
Total 124890:131.50
BRIAN CLARK 12/09/2024 124891 11.2024 REI 601-49400-441 C LISCENSE WATER Water 23.00
Total 124891:23.00
CENTERPOINT ENERGY MAIN 12/09/2024 124892 12.2024 101-42260-381 GAS SERVICE 10/22/24-11/20/24 Fire Protection Services 1,057.98
CENTERPOINT ENERGY MAIN 12/09/2024 124892 12.2024 101-42110-381 GAS SERVICE 10/22/24-11/20/24 Police Department 205.25
CENTERPOINT ENERGY MAIN 12/09/2024 124892 12.2024 613-49830-381 GAS SERVICE 10/22/24-11/20/24 Golf Course 183.00
CENTERPOINT ENERGY MAIN 12/09/2024 124892 12.2024 101-41900-381 GAS SERVICE 10/22/24-11/20/24 Central Services 703.53
CENTERPOINT ENERGY MAIN 12/09/2024 124892 12.2024 602-49450-381 GAS SERVICE 10/22/24-11/20/24 Sewer 884.44
CENTERPOINT ENERGY MAIN 12/09/2024 124892 12.2024 601-49400-381 GAS SERVICE 10/22/24-11/20/24 Water 786.20
Total 124892:3,820.40
CENTURYLINK 12/09/2024 124893 12.2024 GC 613-49830-321 GC PHONE/INTERNET 11/19/24-12/18/24 Golf Course 211.33
Total 124893:211.33
City of Orono Utilities 12/09/2024 124894 11.2024 CH&101-41900-382 11.2024 CH Central Services 81.06
City of Orono Utilities 12/09/2024 124894 11.2024 CH&101-42110-382 11.2024 PD Police Department 81.06
12
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
City of Orono Utilities 12/09/2024 124894 11.2024 FIRE 101-42260-382 11.2024 N TEMP FIRE Fire Protection Services 137.82
City of Orono Utilities 12/09/2024 124894 11.2024 PW 101-41900-382 11.2024 PW Central Services 66.22
City of Orono Utilities 12/09/2024 124894 11.2024 PW 601-49400-382 11.2024 PW Water 66.22
City of Orono Utilities 12/09/2024 124894 11.2024 PW 602-49450-382 11.2024 PW Sewer 66.22
City of Orono Utilities 12/09/2024 124894 11.2024 PW 651-49910-382 11.2024 PW Storm Water 66.22
City of Orono Utilities 12/09/2024 124894 11.2024 UB 601-49400-382 11.2024 UB WTP Water 159.72
City of Orono Utilities 12/09/2024 124894 11.2024 USP 101-41900-382 11.2024 PO Central Services 87.94
Total 124894:812.48
CITY OF WAYZATA 12/09/2024 124895 11.2024 UTIL 602-49450-387 NOVEMBER 2024 SEWER Sewer 4,574.70
CITY OF WAYZATA 12/09/2024 124895 11.2024 UTIL 601-49400-387 NOVEMBER 2024 WATER Water 2,211.55
Total 124895:6,786.25
CITYVIEW PLUMBING & HEATIN 12/09/2024 124896 142474149 101-41900-223 SOFTENER SALT Central Services 90.00
Total 124896:90.00
CIVICPLUS LLC 12/09/2024 124897 324231 614-49840-329 IMPLEMENTATION/REPUBLICATION OF CODE Cable Franchise 5,680.00
Total 124897:5,680.00
DALCO 12/09/2024 124898 4312586 101-41900-223 CLEANING SUPPLIES Central Services 1,717.93
Total 124898:1,717.93
DAVID & WENDY GRETSCH 12/09/2024 124899 2940 CASCO 999-10015 UB REFUND - 2940 CASCO PT RD - GRETSCH 138.55
Total 124899:138.55
DITTER INC.12/09/2024 124900 i21765 101-42110-404 FURNACE REPAIR Police Department 317.70
Total 124900:317.70
EARL F ANDERSEN & ASSOC 12/09/2024 124901 0138180-IN 101-43000-224 SIGN FOR DIST. 5 Public Works Department 186.90
Total 124901:186.90
ECM PUBLISHERS INC 12/09/2024 124902 1023554 601-49400-352 JOB POSTING- UTILITY WORKER Water 100.00
13
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
ECM PUBLISHERS INC 12/09/2024 124902 1023554 602-49450-340 JOB POSTING- UTILITY WORKER Sewer 100.00
ECM PUBLISHERS INC 12/09/2024 124902 1024493 601-49400-340 JOB POSTING- UTILITY WORKER Water 64.60
ECM PUBLISHERS INC 12/09/2024 124902 1024493 602-49450-340 JOB POSTING- UTILITY WORKER Sewer 64.60
ECM PUBLISHERS INC 12/09/2024 124902 1025250 101-41900-352 PUBLIC HEARING NOTICE - TRUTH IN TAXATION Central Services 42.71
ECM PUBLISHERS INC 12/09/2024 124902 1025251 101-41900-352 ORDINANCE NOTICE - CANNABIS ZONING Central Services 93.20
Total 124902:465.11
ESS BROTHERS & SONS 12/09/2024 124903 EE10293 101-43000-224 MELTING RINGS FOR LOW MANHOLES Public Works Department 516.00
Total 124903:516.00
FACTORY MOTOR PARTS 12/09/2024 124904 1-10225192 701-49800-222 SQAUD CAR PARTS Fleet Services 114.60
FACTORY MOTOR PARTS 12/09/2024 124904 1-10269101 701-49800-222 SQUAD CAR FILTERS Fleet Services 80.88
FACTORY MOTOR PARTS 12/09/2024 124904 128-Z17082 701-49800-222 BATTERY CORES Fleet Services 124.00-
FACTORY MOTOR PARTS 12/09/2024 124904 70-573883 701-49800-222 VEHICLE PARTS Fleet Services 19.02
FACTORY MOTOR PARTS 12/09/2024 124904 70-574609 701-49800-222 428 PARTS Fleet Services 49.55
FACTORY MOTOR PARTS 12/09/2024 124904 70-575106 701-49800-222 BIG TRUCK BATTERIES Fleet Services 571.64
FACTORY MOTOR PARTS 12/09/2024 124904 70-575205 701-49800-222 SQUAD CAR FILTERS Fleet Services 124.98
FACTORY MOTOR PARTS 12/09/2024 124904 70-575745 701-49800-222 SQUAD CAR PARTS 268 Fleet Services 121.76
Total 124904:958.43
GEARGRID, LLC 12/09/2024 124905 0025264-IN 101-42260-240 HANGERS FOR ICE RESCUE SUITS Fire Protection Services 82.49
Total 124905:82.49
GENUINE PARTS COMPANY/NA 12/09/2024 124906 610832 701-49800-222 SQUAD CAR PARTS Fleet Services 24.56
GENUINE PARTS COMPANY/NA 12/09/2024 124906 611107 701-49800-222 SQUAD CAR PARTS Fleet Services 95.98
GENUINE PARTS COMPANY/NA 12/09/2024 124906 611126 701-49800-222 VEHICLE PARTS Fleet Services 47.99-
GENUINE PARTS COMPANY/NA 12/09/2024 124906 611336 701-49800-222 SQUAD CAR PARTS Fleet Services 11.99
GENUINE PARTS COMPANY/NA 12/09/2024 124906 611717 651-49910-222 SWEEPER PARTS Storm Water 151.99
GENUINE PARTS COMPANY/NA 12/09/2024 124906 611829 701-49800-222 428 PARTS Fleet Services 78.39
GENUINE PARTS COMPANY/NA 12/09/2024 124906 612117 701-49800-222 SQUAD CAR PARTS Fleet Services 95.61
Total 124906:410.53
GMH ASPHALT 12/09/2024 124907 FINAL PAY A 435-20600 24-001 2024 STREET IMPROVEMENT PROJECT 31,739.84
GMH ASPHALT 12/09/2024 124907 FINAL PAY A 435-48978-590 24-001 2024 STREET IMPROVEMENT PROJECT 42,182.00
14
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 124907:73,921.84
GOPHER ACE 12/09/2024 124908 022831/1 101-45200-221 PARK SUPPLIES Parks 19.98
GOPHER ACE 12/09/2024 124908 022851/1 101-45200-221 PARK SUPPLIES Parks 47.97
GOPHER ACE 12/09/2024 124908 022853/1 101-43000-224 SUPPLIES FOR STREETS Public Works Department 11.35
GOPHER ACE 12/09/2024 124908 022866/1 101-43000-224 SUPPLIES FOR STREETS Public Works Department 15.98
GOPHER ACE 12/09/2024 124908 022868/1 101-43000-224 SUPPLIES FOR STREETS Public Works Department 2.59
GOPHER ACE 12/09/2024 124908 022870/1 101-45200-221 PARK SUPPLIES Parks 19.98
GOPHER ACE 12/09/2024 124908 022877/1 101-45200-221 PARK SUPPLIES Parks 7.99
GOPHER ACE 12/09/2024 124908 022901/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 27.98
GOPHER ACE 12/09/2024 124908 022972/1 101-42260-215 SUPPLIES FOR THE SHOP Fire Protection Services 40.57
GOPHER ACE 12/09/2024 124908 022986/1 101-45200-221 PARK SUPPLIES Parks 74.95
GOPHER ACE 12/09/2024 124908 022998/1 101-45200-221 PARK SUPPLIES Parks 13.99
GOPHER ACE 12/09/2024 124908 22592/1 101-43000-222 433 BRINE TANK REPAIR PARTS Public Works Department 34.76
GOPHER ACE 12/09/2024 124908 22933/1 701-49800-215 CONCRETE ANCHORS FOR TIRE MACHINE Fleet Services 5.97
GOPHER ACE 12/09/2024 124908 22966/1 101-42260-215 WASHER FLUID Fire Protection Services 17.18
Total 124908:341.24
GOPHER STATE ONE CALL 12/09/2024 124909 4110664 601-49400-405 LOCATES - WATER Water 122.85
GOPHER STATE ONE CALL 12/09/2024 124909 4110664 602-49450-406 LOCATES - SEWER Sewer 122.85
Total 124909:245.70
GREGERSON ROSOW JOHNSO 12/09/2024 124910 51902 101-41600-306 PROSECUTION SERVICES 11/2024 Law/Legal Services 3,650.12
Total 124910:3,650.12
HENNEPIN COUNTY ACCOUNT 12/09/2024 124911 1000235352 101-41600-309 JAIL INVOICE TO CITIES Law/Legal Services 308.68
HENNEPIN COUNTY ACCOUNT 12/09/2024 124911 1000235404 101-41600-309 JAIL INVOICE TO CITIES Law/Legal Services 699.96
Total 124911:1,008.64
HOLIDAY COMPANIES 12/09/2024 124912 07960112240 101-42110-402 CAR WASHES / HOLIDAY Police Department 214.50
Total 124912:214.50
HOLTON ELECTRIC CONTRACT 12/09/2024 124913 7495 101-43000-408 STREET LIGHTS NAVARRIE Public Works Department 1,235.25
15
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 124913:1,235.25
IN CONTROL INC.12/09/2024 124914 S-INV02080 601-49400-405 TROUBLE SHOOT ALARM SYSTEM ON WATER S Water 1,001.00
Total 124914:1,001.00
JORDAN & ELISABETH PROHA 12/09/2024 124915 2585 SHADY 999-10015 UB REFUND - 2585 SHADYWOOD RD - PROHAS 234.46
Total 124915:234.46
KODIAK POWER SOLUTIONS 12/09/2024 124916 17197758 602-49450-406 REPAIR GENSET @ LS-26 Sewer 722.50
Total 124916:722.50
KYLE KIRSCHNER 12/09/2024 124917 12.2024 REI 101-42110-226 UNIFORMS/KIRSCHNER Police Department 490.52
Total 124917:490.52
LB CAPITAL VENTURES LLC 12/09/2024 124918 3420 HIGH L 999-10015 UB REFUND - 3420 HIGH LANE - LB CAPITAL VE 35.70
Total 124918:35.70
LDF 12/09/2024 124919 2025 LDF D 101-42110-433 2025 LDF DUES -FARNIOK Police Department 200.00
Total 124919:200.00
MARK & LISA THOSTENSON 12/09/2024 124920 2815 CASCO 999-10015 UB REFUND - 2815 CASCO PT RD - THOSTENSO 2,990.52
Total 124920:2,990.52
MARTIN MARIETTA MATERIALS 12/09/2024 124921 44421559 101-43000-224 PATCHING Public Works Department 297.28
MARTIN MARIETTA MATERIALS 12/09/2024 124921 44446607 101-43000-224 PATCHING Public Works Department 82.08
Total 124921:379.36
METROPOLITAN COUNCIL ENVI 12/09/2024 124922 0001180219 602-49450-383 WASTWATER SERVICE 1/2025 Sewer 60,575.15
Total 124922:60,575.15
16
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
MGX EQUIPMENT SERVICES LL 12/09/2024 124923 PSO081848-101-43000-222 426 PLOW SYSTEM PARTS Public Works Department 402.81
Total 124923:402.81
Minnesota Topsoil 12/09/2024 124924 3853 101-43000-404 YARD WASTE HAULOUT Public Works Department 1,485.00
Total 124924:1,485.00
MITCH WIESE 12/09/2024 124925 11.2024 REI 101-45200-437 DOT PHYSICAL Parks 70.00
Total 124925:70.00
MN CHIEF OF POLICE ASSN 12/09/2024 124926 20431 101-42110-433 MEMBERSHIP MCPA 2025 Police Department 500.00
Total 124926:500.00
MN DEPT OF AGRICULTURE 12/09/2024 124927 600314(3100 613-49830-441 PESTICIDE LICENSE Golf Course 10.00
Total 124927:10.00
MPPOA 12/09/2024 124928 2025 MPPOA 101-42110-433 2025 MPPOA DUES -FARNIOK Police Department 70.00
Total 124928:70.00
Newegg Business Inc 12/09/2024 124929 1305244618 710-49970-575 PD EVIDENCE LAPTOPS IT Services 1,377.96
Total 124929:1,377.96
NOVA TECHNOLOGIES 12/09/2024 124930 IN-80009186 710-49970-329 MONTHLY PHONE SIP CHARGE 12/24 IT Services 229.02
Total 124930:229.02
OPD BUSINESS SOLUTIONS LL 12/09/2024 124931 3868026100 101-42110-201 OFFICE SUPPLIES Police Department 15.78
OPD BUSINESS SOLUTIONS LL 12/09/2024 124931 3891515210 101-42110-201 OFFICE SUPPLIES Police Department 6.93
OPD BUSINESS SOLUTIONS LL 12/09/2024 124931 3900552840 101-42110-201 OFFICE SUPPLIES Police Department 14.64
OPD BUSINESS SOLUTIONS LL 12/09/2024 124931 3900555230 101-42110-201 OFFICE SUPPLIES Police Department 49.38
OPD BUSINESS SOLUTIONS LL 12/09/2024 124931 3970831070 101-42110-201 OFFICE SUPPLIES Police Department 42.40
OPD BUSINESS SOLUTIONS LL 12/09/2024 124931 3970833690 101-42110-201 OFFICE SUPPLIES Police Department 6.52
OPD BUSINESS SOLUTIONS LL 12/09/2024 124931 3970833700 101-42110-201 OFFICE SUPPLIES Police Department 73.19
17
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 124931:208.84
OPG-3 INC 12/09/2024 124932 8382 710-49970-575 LASERFICHE IMPROVEMENTS IT Services 7,175.00
Total 124932:7,175.00
PERFORMANCE PLUS LLC dba 12/09/2024 124933 11062084 101-42260-305 MEDICAL EVAL FOR PAUL Fire Protection Services 478.00
Total 124933:478.00
QUALITY FLOW SYSTEMS INC 12/09/2024 124934 48034 602-49450-406 LS REPAIRS AFTER ANNUAL INSPECTIONS Sewer 19,826.00
QUALITY FLOW SYSTEMS INC 12/09/2024 124934 48036 602-16500 LS#5 REMODEL-ACCESS COVER FOR WETWEL 2,200.00
QUALITY FLOW SYSTEMS INC 12/09/2024 124934 48037 602-16500 LS#28 REMODEL - ACCESS COVER FOR WETW 1,760.00
Total 124934:23,786.00
RITEWAY BUSINESS FORMS 12/09/2024 124935 24-32899 101-41900-201 CHECKS AP #125451-127850 Central Services 383.87
Total 124935:383.87
Riverside Design 12/09/2024 124936 4514 101-42110-352 OFFICE SUPPLIES Police Department 202.61
Total 124936:202.61
RYAN AUTO MALL 12/09/2024 124937 272109 701-49800-222 SQUAD CAR PARTS Fleet Services 330.14
Total 124937:330.14
SAFEASSURE CONSULTANTS 12/09/2024 124938 3675 601-49400-437 SAFETY TRAINING- FORKLIFT AND COMP PERS Water 425.00
SAFEASSURE CONSULTANTS 12/09/2024 124938 3675 602-49450-437 SAFETY TRAINING- FORKLIFT AND COMP PERS Sewer 425.00
SAFEASSURE CONSULTANTS 12/09/2024 124938 3675 651-49910-437 SAFETY TRAINING- FORKLIFT AND COMP PERS Storm Water 425.00
Total 124938:1,275.00
Schneider Excavating and Gradin 12/09/2024 124939 2024 PARK L 651-16500 TASK 87154 PARK LANE DRAINAGE IMPROVEM 20,135.15
Total 124939:20,135.15
SHAUGHNESSY LAWN CARE 12/09/2024 124940 11.2024 101-45200-404 PARK MOWING Parks 4,285.71
18
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 124940:4,285.71
SOURCE LAND DEVELOPMENT 12/09/2024 124941 LAKEVIEW 101-22205 CASH SURETY REFUND - LAKEVIEW ESTATES 68,626.00
Total 124941:68,626.00
STREICHER'S 12/09/2024 124942 I1730816 101-42110-226 UNIFORMS/WIEBUSCH Police Department 96.00
STREICHER'S 12/09/2024 124942 I1730825 101-42110-226 UNIFORMS/SONNEK/MULTIPLE PATCH SWAPS Police Department 307.98
STREICHER'S 12/09/2024 124942 I1730896 101-42110-226 UNIFORMS/ELLAVSKY/NEW EMPLOYEE Police Department 1,711.78
STREICHER'S 12/09/2024 124942 I1730950 101-42110-226 UNIFORMS/VARGAS Police Department 109.98
STREICHER'S 12/09/2024 124942 I1731096 101-42110-226 UNIFORMS/CARLSON Police Department 99.99
Total 124942:2,325.73
STREICHER'S 12/09/2024 124943 I1730794 101-42260-226 NAME PLATES FOR JACKETS Fire Protection Services 95.92
STREICHER'S 12/09/2024 124943 I1730795 101-42260-226 SOFT SHEEL JACKET FF HOOVER Fire Protection Services 279.98
STREICHER'S 12/09/2024 124943 I1730796 101-42260-226 DUTY JACKETS FOR KANIVE Fire Protection Services 254.98
STREICHER'S 12/09/2024 124943 I1730797 101-42260-226 DUTY JACKET FOR JOHNSRUD Fire Protection Services 149.99
STREICHER'S 12/09/2024 124943 I1730798 101-42260-226 DUTY UNIFORM ITEMS Fire Protection Services 81.98
STREICHER'S 12/09/2024 124943 I1730799 101-42260-226 DUTY JACKET EXTRA Fire Protection Services 149.99
STREICHER'S 12/09/2024 124943 I1730800 101-42260-226 DUTY JACKETS FOR KAYLA Fire Protection Services 79.99
STREICHER'S 12/09/2024 124943 I1730801 101-42260-226 DUTY JACKET FOR JOHNSRUD Fire Protection Services 79.99
Total 124943:1,172.82
TAYLOR ZINNEL 12/09/2024 124944 11.2024 REI 101-41900-404 GARAGE DOOR WEATHER STRIPPING TRIM Central Services 74.59
Total 124944:74.59
TERMINAL SUPPLY INC.12/09/2024 124945 80149-00 701-49800-215 SHOP SUPPLIES - NUTS/BOLTS/WIRING Fleet Services 198.43
Total 124945:198.43
TimeSaver Off Site Secretarial Inc 12/09/2024 124946 M29687 101-41110-319 CITY COUNCIL MINUTES 11/12 Mayor & Council 167.00
TimeSaver Off Site Secretarial Inc 12/09/2024 124946 M29687 101-42400-319 PLANNING COMMISSION MINUTES 11/18 Building & Zoning 285.50
Total 124946:452.50
TITAN MACHINERY 12/09/2024 124947 PS0549481-701-49800-221 429 HORN Fleet Services 52.75
19
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 124947:52.75
TOLL GAS & WELDING SUPPLY 12/09/2024 124948 0040204225 701-49800-215 OXYGEN ACETYLENE TANKS Fleet Services 12.75
Total 124948:12.75
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 101-43000-404 RUG-PW Public Works Department 28.73
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 101-45200-226 UNIFORMS-PARKS Parks 16.50
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.50
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 651-49910-226 UNIFORMS - STORMWATER Storm Water 63.18
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 101-43000-226 UNIFORMS-STREETS Public Works Department 63.17
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 601-49400-226 UNIFORMS PW-WATER DEPT Water 27.08
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 27.08
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 701-49800-226 UNIFORMS - FLEET Fleet Services 40.74
UNIFIRST CORPORATION 12/09/2024 124949 1410101281 101-41900-226 UNIFORMS-FACILITY Central Services 6.64
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 101-43000-404 RUGS-PW Public Works Department 28.73
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 101-45200-226 UNIFORMS-PARKS Parks 16.44
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.44
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 101-41900-226 UNIFORMS-FACILITY Central Services 6.58
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 101-43000-226 UNIFORMS-STREETS Public Works Department 63.00
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 651-49910-226 UNIFORMS - STORMWATER Storm Water 63.00
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 601-49400-226 UNIFORMS PW-WATER DEPT Water 15.88
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 15.88
UNIFIRST CORPORATION 12/09/2024 124949 1410103063 701-49800-226 UNIFORMS - FLEET Fleet Services 40.62
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 101-43000-404 RUGS-PW Public Works Department 28.73
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 101-41900-223 MOPS/CLEANING TOWELS Central Services 21.67
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 101-45200-226 UNIFORMS-PARKS Parks 16.42
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 613-49830-226 UNIFORMS-GOLF COURSE Golf Course 16.42
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 101-41900-226 UNIFORMS-FACILITY Central Services 6.56
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 651-49910-226 UNIFORMS - STORMWATER Storm Water 62.94
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 101-43000-226 UNIFORMS-STREETS Public Works Department 62.94
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 601-49400-226 UNIFORMS PW-WATER DEPT Water 15.19
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 15.19
UNIFIRST CORPORATION 12/09/2024 124949 1410104930 701-49800-226 UNIFORMS - FLEET Fleet Services 40.59
20
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 124949:915.61
VACKER INC 12/09/2024 124950 4280 101-45200-221 PARK SIGNS Parks 4,990.00
Total 124950:4,990.00
VERIZON WIRELESS 12/09/2024 124951 9978422086 101-43100-321 ARLO CAMERAS - BRUSH SITE Brush Site 80.02
VERIZON WIRELESS 12/09/2024 124951 9978422086 101-45200-321 ARLO CAMERAS - LURTON DOG PARK Parks 80.02
VERIZON WIRELESS 12/09/2024 124951 9978422086 101-42110-321 ARLO CAMERAS - PD Police Department 80.02
VERIZON WIRELESS 12/09/2024 124951 9978422086 101-41900-321 ARLO CAMERAS - SPARE Central Services 40.01
Total 124951:280.07
WESTSIDE WHOLESALE TIRE 12/09/2024 124952 955700 701-49800-402 428 BALANCE Fleet Services 288.00
Total 124952:288.00
XCEL ENERGY 12/09/2024 124953 903459332 101-41900-381 PW BUILDING ELECTRICITY 10/16/24-11/16/24 Central Services 1,841.93
XCEL ENERGY 12/09/2024 124953 904474782 602-49450-381 3425 LYRIC 10/25/24-11/24/24 Sewer 33.37
Total 124953:1,875.30
ZARNOTH BRUSH WORKS 12/09/2024 124954 0200266-IN 101-43000-222 SWEEPER BROOMS Public Works Department 1,844.40
Total 124954:1,844.40
ZAYO GROUP LLC 12/09/2024 124955 21067422 613-49830-321 PHONE SERVICE 11/23/24-12/22/24 Golf Course 133.07
ZAYO GROUP LLC 12/09/2024 124955 21067422 101-42110-321 PHONE SERVICE 11/23/24-12/22/24 Police Department 115.81
ZAYO GROUP LLC 12/09/2024 124955 21067422 101-41900-321 PHONE SERVICE 11/23/24-12/22/24 Central Services 350.05
ZAYO GROUP LLC 12/09/2024 124955 21067422 601-49400-321 PHONE SERVICE 11/23/24-12/22/24 Water 118.33
ZAYO GROUP LLC 12/09/2024 124955 21067422 602-49450-321 PHONE SERVICE 11/23/24-12/22/24 Sewer 115.88
Total 124955:833.14
ZUMBRO TOOLS 12/09/2024 124956 11202410828 701-49800-240 MECHANICS TOOLS Fleet Services 62.25
ZUMBRO TOOLS 12/09/2024 124956 11272411081 701-49800-240 MECHANICS TOOLS Fleet Services 126.25
Total 124956:188.50
21
City of Orono Check Register - COUNCIL REPORT Page: 13
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
MEDSURETY LLC 11/26/2024 20130581 10.18.24-11.2 101-21719 MFSA 10.18.24-11.24.24 FUNDS 377.12
MEDSURETY LLC 11/26/2024 20130581 DCAP FUND 101-21719 FSA DCAP J. CUTA 250.00
Total 20130581:627.12
AMAZON CAPITAL SERVICE 12/09/2024 20130582 11WL-3KJC-101-41900-223 CLEANING SUPPLIES Central Services 47.42
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1FHL-XJNL-101-43000-226 WINTER CLOTHES Public Works Department 28.56
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1FHL-XJNL-101-43000-321 PHONE CHARGING CORDS Public Works Department 19.88
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1FHL-XJNL-101-43000-321 BLUETOOTH HEADSET Public Works Department 36.99
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1FHL-XJNL-101-43000-221 DRUM FUNNEL Public Works Department 31.45
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1JRW-7WYC 701-49800-215 SHOP SUPPLIES Fleet Services 636.23
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1KLX-71L7-101-41900-201 MOUSE PAD Central Services 12.99
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1KLX-71L7-101-41900-201 LAPTOP STAND Central Services 7.99
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1KLX-71L7-101-41900-201 WALL CLOCK Central Services 24.98
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1KLX-71L7-101-41900-201 NOTEBOOKS Central Services 17.95
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 AIR FRESHENER Fire Protection Services 18.62
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 PAPER SHREDDER Fire Protection Services 36.00
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-223 WETJET CLEANING SOLUTION Fire Protection Services 12.94
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 GUILLOTINE PAPER CUTTER Fire Protection Services 25.99
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 PLASTIC FORKS Fire Protection Services 11.92
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 SILICON OVEN MITTS Fire Protection Services 8.99
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 COMMAND STRIPS Fire Protection Services 18.08
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 BLACK PICTURE FRAMES Fire Protection Services 30.69
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-201 FIREFIGHTER POSTER Fire Protection Services 19.79
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-223 CLOROX WIPES Fire Protection Services 9.68
AMAZON CAPITAL SERVICE 12/09/2024 20130582 1MV6-XDNR-101-42260-208 FOLDING TABLES Fire Protection Services 118.42
Total 20130582:1,175.56
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 101-42110-437 TRAINING/KLUKAS Police Department 80.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 101-42110-437 TRAINING/LANGE/DMT Police Department 75.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 101-42110-437 TRAINING/MCCOY/SNIPER SCHOOL Police Department 720.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 101-42110-226 UNIFORM/KLUKAS Police Department 177.74
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 101-42110-311 INVESTIGATIONS SUBSCRIPTION/BADGE APPS Police Department 65.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 101-42110-221 MEDICAL SUPPLIES Police Department 310.90
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 101-42110-221 MEDICAL SUPPLIES Police Department 80.17
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 BP 701-49800-240 MECHANICS TOOLS Fleet Services 2,029.27
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 BP 701-49800-226 WINTER CLOTHING Fleet Services 199.99
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 BW 101-43000-226 WINTER CLOTHES Public Works Department 219.99-
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CF 101-42110-437 HOTEL FOR IACP CONFERENCE - FARNIOK Police Department 2,020.45
22
City of Orono Check Register - COUNCIL REPORT Page: 14
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CF 101-42110-201 PERMIT TO PUCHASE CARDS Police Department 137.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CF 101-42110-201 PREPAY FOR ID CARDS Police Department 100.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CF 101-41900-223 FURNACE FILTERS FOR PD VESTIBULES Central Services 50.36
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CF 101-42110-433 PELOTON MEMBERSHIP Police Department 47.76
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41410-439 ELECTION MID-DAY MEALS Elections 95.82
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41410-439 ELECTION AM MEALS Elections 80.35
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41410-439 ELECTION SAT VOTING MEALS Elections 46.86
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41410-439 ELECTION SUN VOTING MEALS Elections 39.02
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41410-439 ELECTION SAT VOTING MEALS Elections 26.81
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41410-439 ELECTION MIDDAY MEALS Elections 293.14
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41410-439 ELECTION PM MEALS Elections 227.58
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41110-439 CC MEETING 10/28 Mayor & Council 67.16
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41110-439 CC MEETING 11/12 Mayor & Council 179.32
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41110-437 LMC ELECTED LEADERS INSTITUTE - TUNHEIM, Mayor & Council 1,050.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 CL 101-41110-437 LMC ELECTED LEADERS INSTITUTE - BENSON Mayor & Council 350.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 DG 601-49400-322 UPS SHIPPING WATER SAMPLE Water 12.67
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 DG 101-43000-437 OPW / PARKS TRAINING - LUNCH Public Works Department 182.76
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 DK 710-49970-416 ARLO CAMERA SUBSCRIPTIONS - BRUSH SITE IT Services 299.98
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 415-42260-580 RETURN OF SALES TAX FOR FURNITURE 281.73-
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-226 CANCELLATION OF ORDER Fire Protection Services 75.15-
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 415-42260-580 BLINDS FOR WINDOWS 1,070.65
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 415-42260-580 FURNITURE FOR DAY ROOM 3,645.58
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-221 STRAPS FOR HOSE BUNDLES Fire Protection Services 132.12
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-221 BRACKETS FOR MED GLOVES AND MAP BOOK Fire Protection Services 882.60
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-305 MEDICAL SUPPLIES Fire Protection Services 490.72
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-226 HELMET SHIELD Fire Protection Services 78.69
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-203 ELECTRONIC BUSINESS CARDS Fire Protection Services 439.53
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-215 PROPANE FOR GRILL Fire Protection Services 28.21
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-439 MEAL FOR EMS TRAINING NIGHT Fire Protection Services 120.17
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-489 GRAMMARLY Fire Protection Services 144.00
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 415-42260-580 TABLE BANNER WITH LOGO 422.66
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 415-42260-580 SIGN FOR TRAINING ROOM 66.76
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 101-42260-489 HOLIDAY CARDS Fire Protection Services 101.25
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 415-42260-580 SIGNS FOR STATION WALLS 206.14
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 JV 415-42260-580 PICTURES FOR STATION WALLS 57.51
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 710-49970-311 ZOOM SUBSCRIPTION IT Services 15.99
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 101-41300-489 COSTCO - ORANGE JUICE FOR OPEN ENROLL Administration 9.69
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 101-41300-489 BRUEGGERS - OPEN ENROLLMENT MEETING - Administration 62.38
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 101-41300-489 BRUEGGERS - OPEN ENROLLMENT MEETING - Administration 24.73
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 101-41300-489 SAM'S CLUB - WELLNESS FAIR Administration 33.53
23
City of Orono Check Register - COUNCIL REPORT Page: 15
Check Issue Dates: 11/26/2024 - 12/9/2024 Dec 04, 2024 10:27AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 101-41300-489 JIMMY JOHNS - WELLNESS FAIR Administration 154.78
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 101-41900-319 EMPLOYEE BACKGROUND CHECK - KARNEY Central Services 57.72
CARDMEMBER SERVICE 12/09/2024 20130583 11-2024 MJ 101-42260-319 EMPLOYEE BACKGROUND CHECK - WILSON Fire Protection Services 44.90
Total 20130583:16,758.55
HOME DEPOT CREDIT SERVIC 12/09/2024 20130584 3626847 101-45200-221 PARK SUPPLIES Parks 189.88
HOME DEPOT CREDIT SERVIC 12/09/2024 20130584 6010206 101-45200-221 PARK SUPPLIES Parks 197.93
HOME DEPOT CREDIT SERVIC 12/09/2024 20130584 8061493 101-43000-221 PVC TUBE FOR VAC TRUCK Public Works Department 27.66
HOME DEPOT CREDIT SERVIC 12/09/2024 20130584 9904150 440-48960-530 RACKS FOR STORAGE Temporary North Fire Station 617.00
Total 20130584:1,032.47
LOGIS-WIRE 12/09/2024 20130585 99019 710-49970-401 NETWORK SERVICE THROUGH 10/26 IT Services 471.25
LOGIS-WIRE 12/09/2024 20130585 99020 710-49970-221 SOFT TOKEN - PLANNER IT Services 15.00
LOGIS-WIRE 12/09/2024 20130585 99021 710-49970-329 LOCATES IT Services 62.61
Total 20130585:548.86
UNITED STATES POSTAL SERVI 12/09/2024 20130586 NOV 2024 U 602-49450-322 11.2024 UB POSTAGE Sewer 372.83
UNITED STATES POSTAL SERVI 12/09/2024 20130586 NOV 2024 U 601-49400-322 11.2024 UB POSTAGE Water 372.83
UNITED STATES POSTAL SERVI 12/09/2024 20130586 NOV 2024 U 651-49910-322 11.2024 UB POSTAGE Storm Water 372.83
Total 20130586:1,118.49
WEX BANK 12/09/2024 20130587 101105581 701-49800-212 NON OXY GAS FOR MIX (SMALLTOOLS)Fleet Services 13.68
Total 20130587:13.68
Grand Totals: 369,154.40
24
Date: December 9, 2024 Item: 3
Presenter: Christine Lusian, City Clerk
Section: Consent Agenda
Title: Rental Licenses
1.Purpose:
The purpose of this action item is to approve licenses for rental housing.
2.License Applicant(s):
RL21-000002 1945 Fagerness Point Road
RL22-000017 4085 Oak Street
RL22-000018 2215 Bayview Place
RL23-000013 2817 Casco Point Road
RL24-000025 2305 Bayview Place
RL24-000026 1445 Cherry Place
RL24-000027 458 Linden Avenue
RL24-000028 765 Bridgewater Drive
RL24-000029 500 Orono Orchard Road South
RL24-000030 500 Casco Avenue
RL24-000031 2100 Webber Hills Road
RL24-000032 4635 Tonkaview Lane
RL24-000033 3731 Livingston Court
3.Staff Recommendation:
Application requirements are complete and staff recommends approval of the rental home licenses
listed above through December 31, 2026.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Approve the rental licenses listed above.
25
Date: December 9, 2024 Item: 4
Presenter: Taylor Zinnel, Superintendent - Parks and Facilities
Section: Consent Agenda
Title: Donation to Tree Lighting Event - Resolution 7547
1.Purpose:
Accept a donation for tree lighting event expenses
2.Background:
Align Health and Wellness = $200 donation
3.Staff Recommendation:
Staff recommends accepting the donation
AGENDA ITEM
COUNCIL ACTION REQUESTED
Motion to approve resolution 7547 accepting a donation of $200 from Align Chiropractic to be used
for tree lighting event expenses
Exhibits
Resolution - 7547 Donation
26
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7547
A RESOLUTION ACCEPTING DONATION
WHEREAS, the city of Orono can accept donations for the benefit of its residents (Minnesota
Statutes § 465.03 et seq.); and
WHEREAS, Align Health and Wellness has offered to donate $200 towards tree lighting event
expenses; and
WHEREAS, the donation has been offered to Orono for the benefit of its residents; and
WHEREAS, the City Council finds it appropriate to accept the donation.
NOW THEREFORE,BE IT RESOLVED that the Orono City Council gratefully accepts the
donation.
FURTHER, staff will issue a letter to the donor acknowledging receipt of the donation and
expressing appreciation.
Adopted by the City Council of Orono, Minnesota at a regular meeting held on December 9, 2024.
ATTEST:CITY OF ORONO
_____________________________________________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
27
Date: December 9, 2024 Item: 5
Presenter: Correy Farniok, Police Chief
Section: Consent Agenda
Title: Surplus Disposal of Firearms
1.Purpose:
The purpose of this action item is to gain approval for the disposal of firearms.
2.Background:
The police department has acquired five firearms through either court action or other legal means. The police
department is seeking approval to sell the firearm. The firearms will be sold to a reputable firearms dealer and
if there is no value to the firearm, the firearm will be destroyed by Public Works.
3.Items for Disposal:
FN Columbia SC Five-seven Handgun Cal: 5.7X28 Serial # 386372133
Smith and Wesson .38 Special handgun Serial # 7D79319
Marlin Model 60SSK .22 Rifle (stainless steel) Serial # 99190822
Ruger LCP .380 auto handgun (No Mag) Serial # 371044578
Stoeger Cougar 8000F handgun 9mm Serial # T6429-09A001917
4.Staff Recommendation:
I recommend the sale/disposal of the five firearms.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Motion to approve the the sale/disposal of five firearms. The firearms of value will be sold to a
reputable firearms dealer and the the firearms with no value will be destroyed by Orono Public Works.
28
Date: December 9, 2024 Item: 6
Presenter: Correy Farniok, Police Chief
Section: Consent Agenda
Title: Agreements - Prosecution Services - Resolutions 7540, 7541
1.Purpose:
The purpose of this action item is to gain approval of the State of Minnesota Joint Powers
Agreement with the City of Orono on behalf of its City Attorney and Police Department.
2.Background:
The Orono Police Department on behalf of its Prosecuting Attorney has a current Joint Powers
Agreement (JPA). The JPA with the City of Orono on behalf of its Prosecuting and Police
Department needs to be updated. Campbell Knutson will be providing Prosecuting Services
effective January 1, 2025 and new agreements need to be in place.
3.Staff Recommendation:
Recommendation to approve the State of Minnesota Joint Powers Agreement with the City of
Orono on behalf of its City Attorney and Police Department along with other supporting
documents and resolutions.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Motion to approve the following items.
-State of Minnesota Joint Powers Agreement
-Court Data Services Subscriber Amendment
-Master Subscriber Agreement for MN Courts Data Services
-Resolution #7540 - Approving Master Subscriber Agreement
-Resolution #7541 - Approving State of Minnesota JPA with City of Orono on Behalf of its City
Attorney
Exhibits
State of MN Master JPA - New City Prosecutor.docx
Court Data Services Subscriber Amendment - New City Prosecutor.doc
Orono - unsigned - Master-Subscriber-Agreement.pdf
2024 Orono - Resolution #7540 to enter into MSA for Judicial Branch.docx
RESOLUTION #7541 JPA with City of Orono on Behalf of Its City Attorney.docx
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State of Minnesota
Joint Powers Agreement
This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the
Bureau of Criminal Apprehension ("BCA"), and the City of Orono on behalf of its Prosecuting Attorney ("Governmental
Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.”
Recitals
Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are
necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCAmust provide a criminal justice data
communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a).
The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the
terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of
data that benefit authorized political subdivisions in performing their duties. The Governmental Unitwants to access
data in support of its official duties.
The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and
tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective Date. This Agreement is effective on the date the BCAobtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five years from the date it is effective.
2 Agreement Between the Parties
2.1 General Access.BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice
Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is
authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of Access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s
equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user
entering a query into one of BCA’s systems or tools.
B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental
Unit to obtain data and information from BCA’s systems and tools. This method of access generally
results in the Governmental Unit with indirect access obtaining the needed data and information in a
physical format like a paper report.
C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges
data and information with BCA’s computer systems and tools using an interface. Without limitation,
interface types include: state message switch, web services, enterprise service bus and message
queuing.
For purposes of this Agreement, Governmental Unit employees or contractors may use any of these
methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a
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method of access and can change the methodology following the process in Clause 2.10.
2.3 Federal Systems Access.In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may
provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime
Information Center.
2.4 Governmental Unit Policies.Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have
policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality
assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation.
Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and
contractors comply with all applicable requirements. Governmental Unit ensures this compliance through
appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from
time to time, are incorporated into this Agreement by reference. The policies are available at
https://bcanextest.x.state.mn.us/launchpad/.
2.5 Governmental Unit Resources.To assist Governmental Unit in complying with the federal and state
requirements on access to and use of the various systems and tools, information is available at
https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is
found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data
available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS.
2.6 Access Granted.
A. Governmental Unit is granted permission to use all current and future BCA systems and tools for
which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all
applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement;
and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool.
B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative
authority to make written requests for those systems and tools provided by BCAthat the
Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is
eligible.
2.7 Future Access.On written request from the Governmental Unit, BCA also may provide Governmental Unit
with access to those systems or tools which may become available after the signing of this Agreement, to
the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be
bound by the terms and conditions contained in this Agreementthat when utilizing new systems or tools
provided under this Agreement.
2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws
when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own
compliance with the most current applicable state and federal laws.
2.9 Supersedes Prior Agreements.This Agreement supersedes any and all prior agreements between the BCA
and the Governmental Unit regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in
writing within 30 days of the change. This clause does not apply to changes in systems or tools provided
under this Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving the
Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be
provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction Record.The BCA creates and maintains a transaction record for each exchange of data utilizing
its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause
7, there must be a method of identifying which individual users at the Governmental Unit conducted a
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particular transaction.
If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in
Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements.
When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause
2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and
permit the audits described in Clause 7 to occur.
If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota
Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction
record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record
must include the individual user who requested access, and the date, time and content of the request. The
transaction record must also include the date, time and content of the response along with the destination
to which the data were sent. The transaction record must be maintained for a minimum of six (6) years
from the date the transaction occurred and must be made available to the BCA within one (1) business day
of the BCA’s request.
2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data
Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by
reference. These BCA systems and tools are identified in the written request made by the Governmental
Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional
terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction
records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records
delivered through the BCA systems and tools.
2.13 Vendor Personnel Screening.The BCA will conduct all vendor personnel screening on behalf of
Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the
federal, fingerprint-based background check on each vendor employee as well as records of the completion
of the security awareness training that may be relied on by the Governmental Unit.
3 Payment
The Governmental Unit currently accesses the criminal justice data communications network described in Minn.
Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for
the cost of access.
The Governmental Unit will identify the third party and provide the BCA with the contact information and its
contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated
information to BCA’s Authorized Representative within ten business days when this information changes.
If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause
2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in
that amendment.
4 Authorized Representatives
The BCA’s Authorized Representative is the person below, or her successor:
Name: Diane Bartell, Deputy Superintendent
Address:Minnesota Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Avenue
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Saint Paul, MN 55106
Telephone:651.793.2590
Email Address: Diane.Bartell@state.mn.us
The Governmental Unit’s Authorized Representative is the person below, or his/her successor:
Name:Henry Schaeffer, Attorney
Address:Grand Oak Office Center I
860 Blue Gentian Rd, Ste 290
Eagan, MN 55121
Telephone:651.234.6214
Email Address:hschaeffer@ck-law.com
5 Assignment, Amendments, Waiver, and Agreement Complete
5.1 Assignment.Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments.Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above
must be in writing and will not be effective until it has been signed and approved by the same parties who
signed and approved the original agreement, their successors in office, or another individual duly
authorized.
5.3 Waiver.If either party fails to enforce any provision of this Agreement, that failure does not waive the
provision or the right to enforce it.
5.4 Agreement Complete.This Agreement contains all negotiations and agreements between the BCA and the
Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be
used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat.
§ 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466 and other applicable laws, governs the Governmental Unit’s liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies
and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,
the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this
Agreement.
Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting
procedures and practices of BCA. The examination shall be limited to the books, records, documents, and
accounting procedures and practices that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the
BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to
examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make
any requested data available for review and audit.
7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to
examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any
requested data available for review and audit.
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7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an
inventory of the equipment used to access the data covered by this Agreement and the physical location of
each.
8 Government Data Practices
8.1 BCA and Governmental Unit.The Governmental Unit and BCA must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the
release of the data referred to in this clause by either the Governmental Unit or the BCA.
8.2 Court Records.If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment
referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following
provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to
the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court.
All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the
Governmental Unit comply with the Rules of Public Access for those data received from Court under the
Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access
to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment,
may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal
law. All parties acknowledge and agree that these applicable restrictions must be followed in the
appropriate circumstances.
9 Investigation of Alleged Violations; Sanctions
For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit.
9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible
prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental
Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures
referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will
inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When
Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including
those governed by a collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,
Governmental Unit must determine if and when an involved Individual User’saccess to systems or
tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access
may be made as soon as alleged violation is discovered, after notice of an alleged violation is
received, or after an investigation has occurred. Governmental Unit must report the status of the
Individual User’s access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User’s access to systems or tools than that made by
Governmental Unit and BCA’s determination controls.
9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools
covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools
under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s
failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement
immediately.
34
SWIFT Contract # 260081
MN027231A
6
DPS/BCA CJDN JPA_March 2021
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and
the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber
Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its
own initiative or when directed by the Court. The decision to suspend or terminate access may be made as
soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an
investigation has occurred. The decision to suspend or terminate may also be made based on a request
from the Authorized Representative of Governmental Unit. The agreement further provides that only the
Court has the authority to reinstate access and use.
9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment
and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and
use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is
only at the direction of the Court.
9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its
Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an
investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination.The BCA or the Governmental Unit may terminate this Agreementat any time, with or without
cause, upon 30 days’ written notice to the other party’s Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Termination must be by written
notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the BCA will be entitled
to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds
are available. Neither party will be assessed any penalty if the agreement is terminated because of the
decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack
of funding must be provided within a reasonable time of the affected party receiving that notice.
12 Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data
Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue.
5)&#"-"/$&0'5)*41"(&*/5&/5*0/"--:-&'5#-"/,
35
SWIFT Contract # 260081
MN027231A
7
DPS/BCA CJDN JPA_March 2021
The Parties indicate their agreement and authority to execute this Agreement by signing below.
1. GOVERNMENTAL UNIT
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
By: ______________________________________________
Date: _____________________________________________
36
1
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the
State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (“BCA”) and the City of Orono on behalf of its Prosecuting Attorney (“Agency”),
and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s
Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action
against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 260081, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the Agency
if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA
systems and tools to access and/or submit Court Records to assist the Agency in the efficient
performance of its duties as required or authorized by law or court rule. Court desires to permit
such access and/or submission. This Subscriber Amendment is intended to add Court as a party to
the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be
enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for
Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”)
between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on
behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN
Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the
CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1.TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in effect
until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as
provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment
with or without cause by giving written notice to all other parties. The effective date of the
termination shall be thirty days after the other party's receipt of the notice of termination, unless a
later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15
through 24 shall survive any termination of this Subscriber Amendment as shall any other
provisions which by their nature are intended or expected to survive such termination. Upon
termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof.
2.Definitions. Unless otherwise specifically defined, each term used herein shall have
the meaning assigned to such term in the CJDN Subscriber Agreement.
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2
a.“Authorized Court Data Services” means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an
Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and
the BCA.
b.“Court Data Services” means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the
current address is www.courts.state.mn.us) or other location designated by the Court, as the
same may be amended from time to time by the Court.
c.“Court Records” means all information in any form made available by the
Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. “Court Case Information” means any information in the Court Records
that conveys information about a particular case or controversy, including
without limitation Court Confidential Case Information, as defined
herein.
ii. “Court Confidential Case Information” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules of
Public Access and that conveys information about a particular case or
controversy.
iii. “Court Confidential Security and Activation Information”means any
information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services user
manuals, Court Data Services Programs, Court Data Services Databases,
and other technical information.
iv. “Court Confidential Information” means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation
Information.
d.“DCA” shall mean the district courts of the state of Minnesota and their
respective staff.
e.“Policies & Notices” means the policies and notices published by the Court
in connection with each of its Court Data Services, on a website or other location designated
by the Court, as the same may be amended from time to time by the Court. Policies &
Notices for each Authorized Court Data Service identified in an approved request form
under section 3, below, are hereby made part of this Subscriber Amendment by this
reference and provide additional terms and conditions that govern Subscriber’s use of Court
Records accessed through such services, including but not limited to provisions on access
and use limitations.
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f.“Rules of Public Access” means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from time
to time by the Court entitled Limits on Public Access to Case Records or Limits on Public
Access to Administrative Records, all of which by this reference are made a part of this
Subscriber Amendment. It is the obligation of Subscriber to check from time to time for
updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated
that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for
which the current address is www.courts.state.mn.us.
g.“Court” shall mean the State of Minnesota, State Court Administrator's
Office.
h.“Subscriber”shall mean the Agency.
i.“Subscriber Records” means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment.
3.REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or
more separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court and
all such requests approved by the BCA are adopted and incorporated herein by this reference the
same as if set forth verbatim herein.
a.Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b.Rejection. Requests may be rejected for any reason, at the discretion of the
BCA and/or the Court.
c.Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data Services
previously requested by submitting a notice to Court with a copy to the BCA. Promptly
upon receipt of a request for termination of an Authorized Court Data Service, the BCA will
deactivate the service requested. The termination of one or more Authorized Court Data
Services does not terminate this Subscriber Amendment. Provisions for termination of this
Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court
Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)
hereof.
4.SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to
and/or submission of the Court Records shall be limited to Authorized Court Data Services
identified in an approved request form under section 3, above, and other Court Records necessary
for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be
used according to the instructions provided in corresponding Policies & Notices or other materials
and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties
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4
required or authorized by law or court rule in connection with any civil, criminal, administrative, or
arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory
body. Subscriber’s access to the Court Records for personal or non-official use is prohibited.
Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set
forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services
documentation, and upon any such unauthorized use or attempted use the Court may immediately
terminate this Subscriber Amendment without prior notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of
this Subscriber Amendment, and to advise each individual who is permitted use of and/or
access to any Court Confidential Information of the restrictions upon disclosure and use
contained in this Subscriber Amendment, requiring each individual who is permitted use of
and/or access to Court Confidential Information to acknowledge in writing that the
individual has read and understands such restrictions. Subscriber shall keep such
acknowledgements on file for one year following termination of the Subscriber Amendment
and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with
access to, and copies of, such acknowledgements upon request. For purposes of this
Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are
employees of Subscriber or provide services to Subscriber either on a voluntary basis or as
independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality and
security of Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their relationship
with Subscriber.
e. That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber
Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are
founded independently on the provisions of this Subscriber Amendment.
6.APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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5
7.LICENSE AND PROTECTION OF PROPRIETARY RIGHTS.During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court Records.
Court reserves the right to make modifications to the Authorized Court Data Services, Court Data
Services Programs, and Court Data Services Databases, and related materials without notice to
Subscriber. These modifications shall be treated in all respects as their previous counterparts.
a.Court Data Services Programs. Court is the copyright owner and licensor
of the Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the Court
Data Services Programs, including but not limited to manuals, user documentation, and
passwords, are trade secret information of Court and its licensors.
b.Court Data Services Databases. Court is the copyright owner and licensor
of the Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services Databases
and their structure, sequence and organization, including without limitation data schemas
such as the Court XML Schema, are trade secret information of Court and its licensors.
c.Marks. Subscriber shall neither have nor claim any right, title, or interest in
or use of any trademark used in connection with Authorized Court Data Services, including
but not limited to the marks “MNCIS” and “Odyssey.”
d.Restrictions on Duplication, Disclosure, and Use. Trade secret information
of Court and its licensors will be treated by Subscriber in the same manner as Court
Confidential Information. In addition, Subscriber will not copy any part of the Court Data
Services Programs or Court Data Services Databases, or reverse engineer or otherwise
attempt to discern the source code of the Court Data Services Programs or Court Data
Services Databases, or use any trademark of Court or its licensors, in any way or for any
purpose not specifically and expressly authorized by this Subscriber Amendment. As used
herein, "trade secret information of Court and its licensors" means any information
possessed by Court which derives independent economic value from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use. "Trade secret information of Court and its
licensors" does not, however, include information which was known to Subscriber prior to
Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors,
information which is independently developed by Subscriber without reference to or use of
information received from Court or its licensors, or information which would not qualify as
a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d,
for Subscriber to make up to one copy of training materials and configuration
documentation, if any, for each individual authorized to access, use, or configure Authorized
Court Data Services, solely for its own use in connection with this Subscriber Amendment.
Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and
trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel
who are permitted access to any of the Court Data Services Programs and Court Data
Services Databases, and trade secret information of Court and its licensors, of the
restrictions upon duplication, disclosure and use contained in this Subscriber Amendment.
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6
e.Proprietary Notices.Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if any,
and Subscriber will include in and/or on any copy of the Court Data Services Programs or
Court Data Services Databases, or trade secret information of Court and its licensors and any
documents pertaining thereto, the same copyright and other proprietary notices as appear on
the copies made available to Subscriber by Court directly or through the BCA, except that
copyright notices shall be updated and other proprietary notices added as may be
appropriate.
f.Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any, made
available by the Court to Subscriber directly or through the BCA and all copies, including
partial copies, thereof are and remain the property of the respective licensor. Except as
expressly provided in section 12.b., within ten days of the effective date of termination of
this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
request for termination of Authorized Court Data Service as described in section 4,
Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
Data Services Programs and Court Data Services Databases, and related documentation,
including but not limited to training and configuration materials, if any, and logon account
information, if any; or (2) destroy the same and certify in writing to the Court that the same
have been destroyed.
8.INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not
have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be
entitled to an injunction or any appropriate decree of specific performance for any actual or
threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not
afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA
for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any
relief pursuant to this Subscriber Amendment.
9.LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of any others and the results thereof.
Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958.
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7
10.AVAILABILITY. Specific terms of availability shall be established by the Court
and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to
terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s
Authorized Court Data Services in the event the capacity of any host computer system or legislative
appropriation of funds is determined solely by the Court to be insufficient to meet the computer
needs of the courts served by the host computer system.
11.[reserved]
12.ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in
this Subscriber Amendment.
a.Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber’s
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b.Access and Use; Log. Subscriber shall be responsible for all access to and
use of Authorized Court Data Services and Court Records by Subscriber’s bona fide
personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber
has knowledge of or authorizes such access and use. Subscriber shall also maintain a log
identifying all persons to whom Subscriber has disclosed its Court Confidential Security and
Activation Information, such as user ID(s) and password(s), including the date of such
disclosure. Subscriber shall maintain such logs for a minimum period of six years from the
date of disclosure, and shall provide the Court with access to, and copies of, such logs upon
request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court
Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain
such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs,
the Court may terminate this Subscriber Amendment without prior notice to Subscriber.
c.Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential Information,
or trade secret information of the Court and its licensors where such persons are alleged to
have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial
Branch policies, or other security requirements or laws regulating access to the Court
Records.
d.Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota
Government entity that is subject to the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn.
Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision
4(e) requires that Subscriber comply with the Rules of Public Access and other rules
promulgated by the Minnesota Supreme Court for access to Court Records provided via the
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BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
13.FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth
in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable
monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of
this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies &
Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a
monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment
of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of
the date of the invoice, the Court may immediately cancel this Subscriber Amendment without
notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have
been appropriated for the payment of charges under this Subscriber Amendment for the current
fiscal year, if applicable.
14.MODIFICATION OF FEES. Court may modify the fees by amending the Policies
& Notices as provided herein, and the modified fees shall be effective on the date specified in the
Policies & Notices, which shall not be less than thirty days from the publication of the Policies &
Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber
Amendment as provided in section 1 hereof.
15.WARRANTY DISCLAIMERS.
a.WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b.ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16.RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17.NOTICE. Except as provided in section 2 regarding notices of or modifications to
Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
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9
hereunder shall be deemed to have been received when personally delivered in writing or seventy-
two (72) hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of this
Agreement or at such other address of which notice has been given in accordance herewith.
18.NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver of such provision,
remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of
any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the
instance to which such waiver is directed.
19.FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure
or delay in the performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20.SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21.ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, including any other legal entity into,
by or with which Subscriber may be merged, acquired or consolidated.
22.GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23.VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal
court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits
itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions of
the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Subscriber Amendment in duplicate, intending to be bound thereby.
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1. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
Name: _______________________________________
(PRINTED)
Signed: _______________________________________
Title: ________________________________________
(with delegated authority)
Date: ________________________________________
2. DEPARTMENT OF PUBLIC SAFETY,
BUREAU OF CRIMINAL APPREHENSION
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
4. COURTS
Authority granted to Bureau of Criminal Apprehension
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
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MASTER SUBSCRIBER AGREEMENT
FOR MINNESOTA COURT DATA SERVICES
FOR GOVERNMENTAL AGENCIES
THIS AGREEMENT is entered into by and between
,
(Government Subscriber Name)
of ,
(Government Subscriber Address)
(hereinafter "Government Subscriber") and THE STATE OF MINNESOTA
Office of State Court Administration ,
of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 ,
(hereinafter "the Court").
Recitals
The Court offers Court Data Services, as defined herein, to Minnesota Government
Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services
are offered to Government Subscribers as governmental units and are offered solely for certain
governmental use as permitted herein. Government Subscriber desires to use Court Data Services,
and the Court desires to provide the same, to assist Government Subscriber in the efficient
performance of its governmental duties as required or authorized by law or court rule in connection
with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or
agency or before any self-regulatory body.
Court Data Services are defined in the Definitions section of this Agreement and may
involve a one-way or two-way transmission of information between the parties, some of which may
include court information that is not accessible to the public pursuant to the Rules of Public Access
and which may not be disclosed by Government Subscriber without the prior approval of the
appropriate court or record custodian. Government Subscriber agrees herein to limit its access to
and use of Court Records and Court Documents through Court Data Services to the Government
Subscriber’s “Legitimate Governmental Business Need” as defined herein.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
contained herein, the Court and Government Subscriber agree as follows:
1.TERM; TERMINATION; ONGOING OBLIGATIONS.
1.1 Term. This Agreement shall be effective on the date executed by the Court and
shall remain in effect according to its terms.
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1.2 Termination.
1.2.1 Either party may terminate this Agreement with or without cause by giving
written notice to the other party. The effective date of the termination shall be thirty
(30) days after the other party's receipt of the notice of termination, unless a later
date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5
shall be effective immediately and may occur without prior notice to Government
Subscriber.
1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall
survive any termination of this Agreement, as shall any other provisions that by their
nature are intended or expected to survive such termination. Upon termination, the
Government Subscriber shall perform the responsibilities set forth in paragraph 8.6
hereof.
1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent
agreement between the parties.
2.DEFINITIONS.
2.1 “Agency Account Manager” means the Government Subscriber employee assigned
with the tasks of: (1) being the point of contact for communications between
Government Subscriber and the Court; (2) maintaining a current list Government
Subscriber’s Individual Users and their signed User Acknowledgment Forms and
promptly notifying the Court when Government Subscriber’s Individual Users with
individual logins should have accounts added or deleted; (3) reporting violations of
this agreement by Government Subscriber’s Individual Users and steps taken to
remedy violations to the Court.
2.2 “Court Data Services” means one or more of the following services and includes
any additional or modified services identified as such on the Justice Agency
Resource webpage of the Minnesota Judicial Branch website, which is currently
www.mncourts.gov, or other location designated by the Court and/or its affiliates, as
the same may be amended from time to time by the Court and/or its affiliates:
2.2.1 “Bulk Data Delivery” means the electronic transmission of Court Records in
bulk form from the Court to the Government Subscriber, from one or more of
the Court’s databases and through any means of transmission, as described in
applicable Policies & Notices and materials referenced therein.
2.2.2 “Court Integration Services” means pre-defined automated transmissions of
i) Court Records from the Court’s computer systems to Government
Subscriber’s computer systems; and/or ii) Government Subscriber Records
from the Government Subscriber’s computer systems to the Court’s computer
systems; on a periodic basis or as triggered by pre-determined events, as
described in applicable Policies & Notices and materials referenced therein.
2.2.3 “MNCIS Login Accounts” means a digital login account created for and
provided to the Government Subscriber for online access to and use of Court
Records and Court Documents maintained by the Minnesota Court
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Information System (“MNCIS”), as described in applicable Policies &
Notices and materials referenced therein.
2.3 “Court Data Services Databases” means any databases and the data therein, used
as a source for Court Data Services, together with any documentation related thereto,
including without limitation descriptions of the format or contents of data, data
schemas, and all related components.
2.4 “Court Data Services Programs” means any computer application programs,
routines, transport mechanisms, and display screens used in connection with Court
Data Services, together with any documentation related thereto.
2.5 “Court Records” means all information in any form made available by the Court
and/or its affiliates to Government Subscriber for the purposes of carrying out this
Agreement, including:
2.5.1 “Court Case Information” means any information in the Court Records that
conveys information about a particular case or controversy, including without
limitation Court Confidential Case Information and Court Documents, as
defined herein.
2.5.2 “Court Confidential Case Information” means any information in the
Court Records (including Court Documents) that is inaccessible to the public
pursuant to the Rules of Public Access and that conveys information about a
particular case or controversy.
2.5.3 “Court Confidential Security and Activation Information” means any
information in the Court Records that is inaccessible to the public pursuant to
the Rules of Public Access and that explains how to use or gain access to
Court Data Services, including but not limited to login account names,
passwords, TCP/IP addresses, Court Data Services user manuals, Court Data
Services Programs, Court Data Services Databases, and other technical
information.
2.5.4 “Court Confidential Information” means any information in the Court
Records that is inaccessible to the public pursuant to the Rules of Public
Access, including without limitation both i) Court Confidential Case
Information; and ii) Court Confidential Security and Activation Information.
2.5.5 “Court Documents” means electronic images of documents that are part of
or included in a court file.
2.6 “DCA” means the District Court Administrator pursuant to Minnesota Statutes,
section 485.01.
2.7 “Government Subscriber Records” means any information in any form made
available by the Government Subscriber to the Court and/or its affiliates for the
purposes of carrying out this Agreement.
2.8 “Government Subscriber’s Individual Users” means Government Subscriber’s
employees or independent contractors whose use or access of Court Data Services,
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as well as the access, use and dissemination of Court Records (including Court
Documents), is necessary to effectuate the purposes of this Agreement.
2.9 “Legitimate Governmental Business Need” means a requirement, duty or
obligation for the efficient performance of governmental tasks or governmental
responsibilities and as required or authorized by law or court rule in connection with
any civil, criminal, administrative, or arbitral proceeding in any Federal, State or
local court or agency or before any self-regulatory body.
2.10 “Policies & Notices” means the policies and notices published by the Court and/or
its affiliates in connection with each of its Court Data Services, on a website or other
location designated by the Court and/or its affiliates, as the same may be amended
from time to time by the Court and/or its affiliates. Policies & Notices for each
Court Data Service, hereby made part of this Agreement by reference, provide
additional terms and conditions that govern Government Subscriber’s use of such
services, including but not limited to provisions on fees, access and use limitations,
and identification of various third party applications, such as transport mechanisms,
that Government Subscriber may need to procure separately to use Court Data
Services.
2.11 “Rules of Public Access” means the Rules of Public Access to Records of the
Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published
from time to time by the Court and/or the SCAO entitled “Limits on Public Access
to Case Records” or “Limits on Public Access to Administrative Records,” all of
which by this reference are made a part of this Agreement. It is the obligation of
Government Subscriber to check from time to time for updated rules, lists, and tables
and be familiar with the contents thereof. Such rules, lists, and tables are posted on
the main website for the Court, for which the current address is www.mncourts.gov.
2.12 “SCAO” means the State of Minnesota, State Court Administrator's Office.
2.13 “This Agreement” means this Master Subscriber Agreement for Minnesota Court
Data Services for Governmental Agencies, including all Exhibits, Policies &
Notices, and other documents referenced, attached to, or submitted or issued
hereunder.
2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1,
8.2 and 8.4 of this Agreement.
2.15 “User Acknowledgement Form” means the form signed by Government
Subscriber’s Individual Users to confirm in writing that the Individual User has read
and understands the requirements and restrictions in this Agreement (Exhibit A).
3.DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following
execution of this Agreement by both parties, Government Subscriber will be offered access
to the Court Records (including Court Documents) described in the Government Subscriber
Access Chart, which is posted on the Policies & Notices.
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4.AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA
SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS;
SANCTIONS.
4.1 Authorized Access to Court Data Services and Court Records.
4.1.1 Government Subscriber and Government Subscriber’s Individual Users shall
access only the Court Data Services and Court Records (including Court
Documents) necessary for a Legitimate Governmental Business Need.
4.1.2 The access of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber’s
Individual Users for personal or non-official use, or any use that is not a
“Legitimate Governmental Business Need” as defined herein, is prohibited.
4.1.3 Government Subscriber and Government Subscriber’s Individual Users shall
not access or attempt to access Court Data Services or Court Records
(including Court Documents) in any manner not set forth in this Agreement,
Policies & Notices, or other Court Data Services documentation.
4.2 Authorized Use of Court Data Services and Court Records.
4.2.1 Government Subscriber and Government Subscriber’s Individual Users shall
use the Court Data Services and Court Records (including Court Documents)
accessed only for a Legitimate Governmental Business Need and according
to the instructions provided in corresponding Policies & Notices or other
materials.
4.2.2 The use of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber’s
Individual Users for personal or non-official use, or any use that is not a
“Legitimate Governmental Business Need” as defined herein, is prohibited.
4.2.3 Government Subscriber and Government Subscriber’s Individual Users shall
not use or attempt to use Court Data Services or Court Records (including
Court Documents) in any manner not set forth in this Agreement, Policies &
Notices, or other Court Data Services documentation.
4.3 Dissemination of Court Records. Government Subscriber and Government
Subscriber’s Individual Users shall not share the Court Records (including Court
Documents) accessed and data therefrom with third parties and other individuals
other than as needed to further a Legitimate Governmental Business Need.
4.4 Training. Government Subscriber shall provide Government Subscriber’s
Individual Users training in the proper access, use, and dissemination of Court
Records (including Court Documents).
4.5 Violations.
4.5.1 The access, use, or dissemination of Court Data Services or Court Records
(including Court Documents) beyond what is necessary for a Legitimate
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Governmental Business Need by Government Subscriber or Government
Subscriber’s Individual Users is a violation of this Agreement. The access,
use or dissemination of Court Data Services or Court Records (including
Court Documents) by Government Subscriber or Government Subscriber’s
Individual Users for personal use is a violation of this Agreement.
4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted
access, use or dissemination of Court Data Services, Court Records or Court
Documents by Government Subscriber or Government Subscriber’s
Individual Users shall be grounds for the Court to impose sanctions as
described in Clause 4.6 and to terminate this Agreement without prior notice
to Government Subscriber and/or Government Subscriber’s Individual Users.
4.6 Sanctions.
4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a
Government Subscriber and/or Government Subscriber’s Individual Users
and may include the suspension of access or termination of access for
Government Subscriber and/or Government Subscriber’s Individual Users.
4.6.2 If the Court decides to terminate the access for Government Subscriber and/or
Government Subscriber’s Individual Users, the Court shall notify the affected
party in writing. The termination shall be effective immediately. Prior
notice to Government Subscriber and/or Government Subscriber’s Individual
Users is not required. Reinstatement of the access shall only be upon the
written direction of the Court.
5.GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees:
5.1 To not disclose Court Confidential Information to any third party except where
necessary to carry out the Government Subscriber’s Legitimate Governmental
Business Need as defined in this Agreement.
5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to
insure the protection, confidentiality and security of Court Confidential Information
and to satisfy Government Subscriber’s obligations under this Agreement.
5.3 To limit the use of and access to Court Confidential Information to Government
Subscriber’s Individual Users. Government Subscriber shall advise Government
Subscriber’s Individual Users of the restrictions upon access, use and disclosure
contained in this Agreement, requiring each Government Subscriber’s Individual
User to acknowledge in writing that the individual has read and understands such
restrictions. Government Subscriber’s Individual Users shall sign the User
Acknowledgment Form (Exhibit A) before accessing Court Data Services.
5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government
Subscriber and Government Subscriber’s Individual Users with respect to the
confidentiality and security of Court Confidential Information shall survive the
termination of this Agreement and the termination of their relationship with
Government Subscriber.
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5.5 That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Government Subscriber and Government Subscriber’s Individual
Users under this Agreement, such obligations of Government Subscriber and
Government Subscriber’s Individual Users are founded independently on the
provisions of this Agreement.
5.6 That, a violation of Government Subscriber’s agreements contained in this Clause 5,
or a violation of those same agreements by Government Subscriber’s Individual
Users, shall be grounds for the Court to terminate this agreement and Government
Subscriber and/or Government Subscriber’s Individual Users access to Court Data
Services and Court Records (including Court Documents).
6.APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER
LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND
COURT DOCUMENTS. Subscriber acknowledges and agrees:
6.1 Court Case Information Provided Under Legal Mandate. When the Court is
required to provide Government Subscriber with Court Case Information under a
legal mandate and the provision of such data by the Court is not optional or
otherwise left to the discretion of the Court, for example in the case of a state
statutory reporting requirement, the provisions of this Agreement that govern or
restrict Government Subscriber’s access to and use of Court Case Information do not
apply to the specific data elements identified in the legal mandate, but remain in
effect with respect to all other Court Case Information provided by the Court to
Government Subscriber. All other provisions of this Agreement remain in full
effect, including, without limitation, provisions that govern or restrict Government
Subscriber’s access to and use of Court Confidential Security and Activation
Information.
6.2 Previously Disclosed Court Records and Court Documents. Without limiting
section 6.1, all Court Records and Court Documents disclosed to Government
Subscriber prior to the effective date of this Agreement shall be subject to the
provisions of this Agreement.
7.ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT
RECORDS UNDER THIS AGREEMENT.
7.1 Requirement to Advise Government Subscriber’s Individual Users. To affect
the purposes of this Agreement, Government Subscriber shall advise each of
Government Subscriber’s Individual Users who are permitted to use and/or access
Court Data Services and Court Records (including Court Documents) under this
Agreement of the requirements and restrictions in this Agreement.
7.2 Required Acknowledgement by Government Subscriber’s Individual Users.
7.2.1 Government Subscriber shall require each of Government Subscriber’s
Individual Users to sign the User Acknowledgement Form (Exhibit A).
7.2.2 The User Acknowledgement Forms of current Government Subscriber’s
Individual Users must be obtained prior to submitting this Agreement to the
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Court for approval and shall accompany the submission of this Agreement
for approval.
7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a
Government Subscriber’s Individual User is prohibited from accessing, using
or disseminating Court Data Services and Court Records (including Court
Documents). The access, use or dissemination of Court Data Services or
Court Records (including Court Documents) by a Government Subscriber’s
Individual User that has not completed a User Acknowledgement Form as
required in Clause 7.2.1 is a violation of this Agreement.
7.2.4 Government Subscriber shall keep all such written User Acknowledgment
Forms on file while this Agreement is in effect and for one (1) year following
the termination of this Agreement. Government Subscriber shall promptly
provide the Court with access to, and copies of, such acknowledgements
upon request to the Agency Account Manager.
7.2.5 The User Acknowledgment Forms are incorporated herein by reference.
8.LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this
Agreement, subject to the terms and conditions hereof, the Court, with the permission of the
SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited
license to use Court Data Services Programs and Court Data Services Databases to access or
receive Court Records (including Court Documents). SCAO and the Court reserve the right
to make modifications to the Court Data Services, Court Data Services Programs, and Court
Data Services Databases, and related materials without notice to Government Subscriber.
These modifications shall be treated in all respects as their previous counterparts.
8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the
Court Data Services Programs. The combination of ideas, procedures, processes,
systems, logic, coherence and methods of operation embodied within the Court Data
Services Programs, and all information contained in documentation pertaining to the
Court Data Services Programs, including but not limited to manuals, user
documentation, and passwords, are trade secret information of SCAO and its
licensors.
8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the
Court Data Services Databases and of all copyrightable aspects and components
thereof. All specifications and information pertaining to the Court Data Services
Databases and their structure, sequence and organization, including without
limitation data schemas such as the Court XML Schema, are trade secret information
of SCAO and its licensors.
8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or
interest in or use of any trademark used in connection with Court Data Services,
including but not limited to the marks “MNCIS” and “Odyssey.”
8.4 Restrictions on Duplication, Disclosure, and Use.
8.4.1 Trade secret information of SCAO and its licensors will be treated by
Government Subscriber in the same manner as Court Confidential
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Information. In addition, Government Subscriber will not copy any part of
the Court Data Services Programs or Court Data Services Databases, or
reverse engineer or otherwise attempt to discern the source code of the Court
Data Services Programs or Court Data Services Databases, or use any
trademark of SCAO or its licensors, in any way or for any purpose not
specifically and expressly authorized by this Agreement. As used herein,
"trade secret information of SCAO and its licensors" means any information
possessed by SCAO which derives independent economic value from not
being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure
or use. "Trade secret information of SCAO and its licensors" does not,
however, include information which was known to Government Subscriber
prior to Government Subscriber’s receipt thereof, either directly or indirectly,
from SCAO or its licensors, information which is independently developed
by Government Subscriber without reference to or use of information
received from SCAO or its licensors, or information which would not qualify
as a trade secret under Minnesota law.
8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up
to one (1) copy of training materials and configuration documentation for
each individual authorized to access, use, or configure Court Data Services,
solely for its own use in connection with this Agreement.
8.4.3 Government Subscriber will take all steps reasonably necessary to protect the
copyright, trade secret, and trademark rights of SCAO and its licensors and
Government Subscriber will advise Government Subscriber’s Individual
Users who are permitted access to any of the Court Data Services Programs
and Court Data Services Databases, and trade secret information of SCAO
and its licensors, of the restrictions upon duplication, disclosure and use
contained in this Agreement.
8.5 Proprietary Notices. Government Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court
Data Services Databases, related documentation, or trade secret information of
SCAO and its licensors, or any part thereof, made available by SCAO or the Court,
and Government Subscriber will include in and/or on any copy of the Court Data
Services Programs or Court Data Services Databases, or trade secret information of
SCAO and its licensors and any documents pertaining thereto, the same copyright
and other proprietary notices as appear on the copies made available to Government
Subscriber by SCAO or the Court, except that copyright notices shall be updated and
other proprietary notices added as may be appropriate.
8.6 Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, made
available by the Court and SCAO to Government Subscriber hereunder, and all
copies, including partial copies, thereof are and remain the property of the respective
licensor. Within ten days of the effective date of termination of this Agreement,
Government Subscriber shall either: (i) uninstall and return any and all copies of the
applicable Court Data Services Programs and Court Data Services Databases, and
related documentation, including but not limited to training and configuration
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materials, if any, and logon account information; or (2) destroy the same and certify
in writing to the Court that the same have been destroyed.
8.7 Reasonable Security Measures. The Court may add reasonable security measures
including, but not limited to, a time-out feature, to Court Data Services Programs.
9.INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the
Court, SCAO, SCAO’s licensors, and DCA will be irreparably harmed if Government
Subscriber’s obligations under this Agreement are not specifically enforced and that the
Court, SCAO, SCAO’s licensors, and DCA would not have an adequate remedy at law in
the event of an actual or threatened violation by Government Subscriber of its obligations.
Therefore, Government Subscriber agrees that the Court, SCAO, SCAO’s licensors, and
DCA shall be entitled to an injunction or any appropriate decree of specific performance for
any actual or threatened violations or breaches by Government Subscriber or Government
Subscriber’s Individual Users without the necessity of the Court, SCAO, SCAO’s licensors,
or DCA showing actual damages or that monetary damages would not afford an adequate
remedy. Unless Government Subscriber is an office, officer, agency, department, division,
or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court,
SCAO, SCAO’s licensors, and DCA for reasonable attorney’s fees incurred by the Court,
SCAO, SCAO’s licensors, and DCA in obtaining any relief pursuant to this Agreement.
10.COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as
otherwise expressly provided herein, each party will be responsible for its own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of any
others and the results thereof. Liability shall be governed by applicable law. Without
limiting the foregoing, liability of the Court and any Government Subscriber that is an
office, officer, agency, department, division, or bureau of the state of Minnesota shall be
governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section
3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber
is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or
other applicable law.
11.AVAILABILITY. Specific terms of availability shall be established by the Court and set
forth in the Polices & Notices. The Court reserves the right to terminate this Agreement
immediately and/or temporarily suspend Government Subscriber’s approved Court Data
Services in the event the capacity of any host computer system or legislative appropriation
of funds is determined solely by the Court to be insufficient to meet the computer needs of
the courts served by the host computer system. Monthly fees, if any, shall be prorated only
for periods of suspension or upon termination of this Agreement.
12.ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber
set forth in this section are in addition to the other obligations of the Government Subscriber
set forth elsewhere in this Agreement.
12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all
policies identified in applicable Policies & Notices. Upon failure of the Government
Subscriber to comply with such policies, the Court shall have the option of
immediately suspending or terminating the Government Subscriber’s Court Data
Services on a temporary basis and/or immediately terminating this Agreement.
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12.2 Access and Use; Log.
12.2.1 Government Subscriber shall be responsible for all access to and use of Court
Data Services and Court Records (including Court Documents) by
Government Subscriber’s Individual Users or by means of Government
Subscriber’s equipment or passwords, whether or not Government Subscriber
has knowledge of or authorizes such access and use.
12.2.2 Government Subscriber shall also maintain a log identifying all persons to
whom Government Subscriber has disclosed its Court Confidential Security
and Activation Information, such as user ID(s) and password(s), including
the date of such disclosure. Government Subscriber shall maintain such logs
while this Agreement is in effect and for a period of one (1) year following
termination of this Agreement. Government Subscriber shall promptly
provide the Court with access to, and copies of, such logs upon request.
12.2.3 Government Subscriber, through the Agency Account Manager, shall
promptly notify the Court when Government Subscriber’s Individual Users
with individual logins should have accounts added or deleted. Upon
Government Subscriber’s failure to notify the Court of these changes, the
Court may terminate this Agreement without prior notice to Government
Subscriber.
12.2.4 The Court may conduct audits of Government Subscriber’s logs and use of
Court Data Services and Court Records (including Court Documents) from
time to time. Upon Government Subscriber’s failure to maintain such logs,
to maintain accurate logs, or to promptly provide access by the Court to such
logs, the Court may terminate this Agreement without prior notice to
Government Subscriber.
12.3 Personnel. Government Subscriber agrees to investigate (including conducting
audits), at the request of the Court, allegations of misconduct pertaining to
Government Subscriber’s Individual Users having access to or use of Court Data
Services, Court Confidential Information, or trade secret information of the SCAO
and its licensors where such persons violate the provisions of this Agreement,
Policies & Notices, Judicial Branch policies, or other security requirements or laws
regulating access to the Court Records. Government Subscriber, through the Agency
Account Manager, agrees to notify the Court of the results of such investigation,
including any disciplinary actions, and of steps taken to prevent further misconduct.
Government Subscriber agrees to reimburse the Court for costs to the Court for the
investigation of improper use of Court Data Services, Court Records (including
Court Documents), or trade secret information of the SCAO and its licensors.
13.FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of
the Court’s approval of this Agreement or upon the initial Government Subscriber
transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply,
the State shall invoice Government Subscriber on a monthly basis for charges incurred in
the preceding month and applicable taxes, if any, and payment of all amounts shall be due
upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the
invoice, the Court may immediately cancel this Agreement without notice to Government
Subscriber and pursue all available legal remedies. Government Subscriber certifies that
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funds have been appropriated for the payment of charges under this Agreement for the
current fiscal year, if applicable.
14.MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies &
Notices as provided herein, and the modified fees shall be effective on the date specified in
the Policies & Notices, which shall not be less than thirty (30) days from the publication of
the Policies & Notices. Government Subscriber shall have the option of accepting such
changes or terminating this Agreement as provided in section 1 hereof.
15.WARRANTY DISCLAIMERS.
15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO’S LICENSORS,
AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY
WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION,
SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS
AGREEMENT.
15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF
INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE
PRECEDING PARAGRAPH, COURT, SCAO, SCAO’S LICENSORS, AND DCA
MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF
THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT
IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS
NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO
COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR.
16.RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent
contractor and shall not be deemed for any purpose to be an employee, partner, agent or
franchisee of the Court, SCAO, SCAO’S licensors, or DCA. Neither Government
Subscriber nor the Court, SCAO, SCAO’S licensors, or DCA shall have the right nor the
authority to assume, create or incur any liability or obligation of any kind, express or
implied, against or in the name of or on behalf of the other.
17.NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court
Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or
modification of fees, any notice to Court or Government Subscriber hereunder shall be
deemed to have been received when personally delivered in writing or seventy-two (72)
hours after it has been deposited in the United States mail, first class, proper postage
prepaid, addressed to the party to whom it is intended at the address set forth on page one of
this Agreement or at such other address of which notice has been given in accordance
herewith.
18.NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of
this Agreement or any right or remedy available hereunder or at law or in equity, or to
exercise any option herein provided, shall not constitute a waiver of such provision, remedy
or option or in any way affect the validity of this Agreement. The waiver of any default by
either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to
which such waiver is directed.
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Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015
Page 13 of 14
19.FORCE MAJEURE. Neither party shall be responsible for failure or delay in the
performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20.SEVERABILITY. Every provision of this Agreement shall be construed, to the extent
possible, so as to be valid and enforceable. If any provision of this Agreement so construed
is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable,
such provision shall be deemed severed from this Agreement, and all other provisions shall
remain in full force and effect.
21.ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted
herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any
of its rights or obligations hereunder without the prior written consent of the other. This
Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns, including any corporation or other legal entity into, by or
with which Government Subscriber may be merged, acquired or consolidated or which may
purchase the entire assets of Government Subscriber.
22.GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted,
construed and enforced in accordance with the laws of the United States and of the State of
Minnesota.
23.VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement,
its performance, enforcement or breach will be venued in a state or federal court situated
within the State of Minnesota. Government Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24.INTEGRATION. This Agreement sets forth the entire Agreement and understanding
between the Parties regarding the subject matter hereof and supersedes any prior
representations, statements, proposals, negotiations, discussions, understandings, or
agreements regarding the same subject matter. Except as otherwise expressly provided in
Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14
regarding fees, any amendments or modifications to this Agreement shall be in writing
signed by both Parties.
25.MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber
is a Minnesota Government entity that is subject to the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1)
the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn.
Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the
Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for
access to Court Records provided under this Agreement; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
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IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Agreement, intending to be bound thereby.
1.GOVERNMENT SUBSCRIBER
Government Subscriber must attach
documented verification of authority
to sign on behalf of and bind the
entity (“Master Subscriber
Agreement Signing Authority”),
such as a council resolution, board
authority or legally binding decision
maker, and attach same as Exhibit B.
2.THE COURT
By By
(SIGNATURE) (SIGNATURE)
Date Date
Name (typed)
Title Title CIO/Director
Office Office
Information Technology
Division of State Court
Administration
3.Form and execution approved
for Court by:
By: ___________________________
(SIGNATURE)
Title: Staff Attorney - Legal Counsel Division
Date: ____________________________
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Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015
Exhibit A
User Acknowledgment Form
The Agency identified below that I work for has contracted with the Office of State Court Administration (the
“Court”) for the access and use of the Court’s Records and Documents. Under that contract, the Agency is
required to have employees, student attorneys and contractors sign the written acknowledgment below before
they are permitted access.
I, ______________________________________________, as an employee/student attorney/contractor
of __________________________________________________________ (“the Agency”), state the
following:
1.I have read and understand the requirements and restrictions in the Master Subscriber Agreement for
Minnesota Court Data Services for Governmental Agencies between the Agency and the Court.
2.I understand that I am not to share my login and password information.
3.I shall access and use the Court Records and Court Documents provided for only “legitimate
governmental business needs.” I understand a “legitimate governmental business need” is limited to a
requirement, duty or obligation for the efficient performance of governmental tasks or governmental
responsibilities that is required or authorized by law or court rule in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-
regulatory body.
4.I shall not access or use Court Records or Court Documents for personal or non-official use or any use
that is not a legitimate governmental business need as defined in paragraph 3, above.
5.I will not share Court Records or Court Documents with third parties other than as needed to further
legitimate governmental business needs as defined in paragraph 3, above.
6.I understand that the Court is not liable for any Court Records or Court Documents not available due to
computer or network malfunction, mistake or user error. The Court makes no warranties as to the
completeness or accuracy of the Court Records and Court Documents provided.
7.I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate
governmental business need for Court Records and Court Documents. I agree to stop accessing court records
and documents when this occurs.
8.I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination
of my access to Court Records and Documents, and may result in the suspension or termination of the access to
Court Records and Documents by the Agency, and other civil and criminal liability.
Date: ______________ By: _________________________________________________
Employee/Student Attorney/Contractor for Agency
61
CITY OF ORONO
RESOLUTION NO. 7540
RESOLUTION APPROVING MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA
SERVICES FOR GOVERNMENT AGENCIES
WHEREAS, the City of Orono, on behalf of its City Attorney, for the purpose of assisting in the
efficient performance of its governmental duties as required or authorized by law or court rule
in connection with any civil, criminal, administrative or arbitral proceeding in and Federal, State
or local court, desires to enter into a Master Subscriber Agreement for Court Data Services, to
use systems and tools available from the Minnesota Judicial Branch (the Court) for which the
City is eligible, including MGA (Minnesota Government Access) and court records and
documents through MNCIS (Minnesota Court Information System).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota, as follows:
1. That Master Subscriber Agreement for Minnesota Court Data Services for Governmental
Agencies by and between the Court, acting through its Information Technology Division
of State Court Administration, and the City of Orono, on behalf of its City Attorney, is
hereby approved.
2. That the Mayor of the City of Orono is authorized to sign the Master Subscriber
Agreement for Minnesota Court Data Services for Government Agencies, and any
subsequent amendment or agreement that may be required by State Court
Administration to maintain the City’s government access to the systems and tools
offered by the Court pursuant to the Master Subscriber Agreement.
ADOPTED by the Orono City Council on this ______ day of _____________________, 2024.
CITY OF ORONO
____________________________________
By: Dennis Walsh, Mayor
ATTEST: _________________________________
Christine Lusian, City Clerk
62
CITY OF ORONO
RESOLUTION NO. 7541
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF
ORONO ON BEHALF OF ITS CITY ATTORNEY
WHEREAS, the City of Orono, on behalf of its Prosecuting Attorney, desires to enter into Joint
Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of
Criminal Apprehension to use systems and tools available over the State’s criminal justice data
communications network for which the City is eligible. The Joint Powers Agreements further
provide the City with the ability to add, modify and delete connectivity, systems and tools over
the five year life of the agreement and obligates the City to pay the costs for the network
connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreement by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Orono on behalf of its Prosecuting Attorney is hereby
approved.
2. That Assistant City Attorney, Henry A. Schaeffer, or his or her successor, is designated the
Authorized Representative for the Prosecuting Attorney. The Authorized Representative is
also authorized to sign any subsequent amendment or agreement that may be required
by the State of Minnesota to maintain the City’s connection to the systems and tools
offered by the State.
3. That Dennis Walsh, the Mayor for the City of Orono, and Christine Lusian, the City Clerk,
are authorized to sign the State of Minnesota Joint Powers Agreement.
Passed and Adopted by the Council on this _______ day of ______________________________, 2024.
CITY OF ORONO
_________________________________
By: Dennis Walsh
Its Mayor
ATTEST:____________________________________
By: Christine Lusian
Its City Clerk
63
Date: December 9, 2024 Item: 7
Presenter: Adam Edwards, City Administrator / Engineer
Section: Consent Agenda
Title: Agreement - Franchise for Cable Services
1.Purpose:
The purpose of this council item is to adopt the franchise agreement withe MIDCO.
2.Background:
Midco submitted an application to enter into a franchise agreement with Orono, which will give
the private company rights to use public property in order to provide its services to residents,
giving residents a second option for television, internet, and phone services.
State statute (below) guides the franchise agreement process, including a public hearing, which
was held at the last council meeting November 25. Two people provided comments on the project.
3.Process:
The process of establishing a franchise agreement ordinance is established in Minn. Statute
238.081 is:
Franchising authority (City) must publish once a week for two successive weeks a notice of
intent to consider an application for a franchise,
City must mail copies of the notice of intent to franchise to any person it has identified as
being a potential candidate for the franchise,
Proposals for a cable communications franchise must be notarized and contain the
following information:
Plans for channel capacity, including both the total number of channels capable of
being energized in the system and the number of channels to be energized
immediately,
Statement of the television and radio broadcast signals for which permission to carry
will be requested from the Federal Communications Commission,
Description of the proposed system design and planned operation, including at least
the following items:
general area for location of antennae and the head end, if known,
schedule for activating two-way capacity,
type of automated services to be provided,
number of channels and services to be made available for access cable
broadcasting,
schedule of charges for facilities and staff assistance for access cable
broadcasting.
Terms and conditions under which particular service is to be provided to
governmental and educational entities,
Schedule of proposed rates in relation to the services to be provided, and a proposed
policy regarding unusual or difficult connection of services,
Time schedule for construction of the entire system with the time sequence for wiring
the various parts of the area requested to be served in the request for proposals,
AGENDA ITEM
64
Statement indicating the applicant’s qualifications and experience in the cable
communications field, if any;
Identification of the municipalities in which the applicant either owns or operates a
cable communications system, directly or indirectly, or has outstanding franchises for
which no system has been built,
Plans for financing the proposed system, which must indicate every significant
anticipated source of capital and significant limitations or conditions with respect to
the availability of the indicated sources of capital,
Statement of ownership detailing the corporate organization of the applicant, if any,
including the names and addresses of the officers and directors and the number of
shares held by each officer or director, and intracompany relationship including
parent, subsidiary, or affiliated company,
Notation and explanation of omissions or other variations with respect to the
requirements of the proposal.
City must allow at least 20 days from the first date of published notice to the closing date for
submitting applications,
Public hearing must be completed at least seven days before the adoption of the franchise
ordinance.
City Council adopts the franchise agreement as an ordinance.
4.Staff Recommendation:
I recommend approval of the franchise agreement at exhibit A. The draft agreement has been
reviewed by both the MIDCO Council and our City Attorney.
COUNCIL ACTION REQUESTED
Move to adopt the franchise agreement withe MIDCO at exhibit A and approve the summary
publication.
Exhibits
A. Agreement - revised
B. Midco Orono Franchise Application
Ordinance 309 - Summary Publication
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CITY OF ORONO, MINNESOTA
CABLE TELEVISION FRANCHISE ORDINANCE
December 9, 2024
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TABLE OF CONTENTS
SECTION 1 STATEMENT OF INTENT AND PURPOSES................................................................3
SECTION 2 SHORT TITLE AND DEFINITIONS...............................................................................3
SECTION 3 GRANT OF AUTHORITY AND GENERAL PROVISIONS........................................8
SECTION 4 CONSTRUCTION STANDARDS...................................................................................12
SECTION 5 DESIGN PROVISIONS....................................................................................................16
SECTION 6 SERVICES PROVISIONS...............................................................................................17
SECTION 7 PUBLIC ACCESS PROVISIONS...................................................................................17
SECTION 8 OPERATION AND ADMINISTRATION PROVISIONS............................................18
SECTION 9 SALE, ABANDONMENT, TRANSFER, AND REVOCATION..................................25
SECTION 10 MISCELLANEOUS PROVISIONS..............................................................................29
SECTION 11 PUBLICATION, EFFECTIVE DATE AND ACCEPTANCE....................................32
Exhibit A System Extension Area
Exhibit B Ownership
Exhibit C Description of System
Exhibit D Consumer Protection and Customer Service Standards
Exhibit E PEG Access Facilities and Equipment
Exhibit F Service to Public Facilities
Exhibit G Public Buildings to be Provided with Two-Way Capability
Exhibit H Franchise Fee Payment Worksheet
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CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 309
AN ORDINANCE GRANTING A FRANCHISE TO MIDCONTINENT
COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF ORONO, MINNESOTA; SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE;
PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS
The City Council of the City of Orono (“Franchising Authority”) ordains:
STATEMENT OF INTENT AND PURPOSES
The City of Orono intends, by the adoption of this Franchise, to provide for the continued operation
about the development of Midcontinent Communication’s Cable System, and the improvement and
enhancement of it. Such a development can contribute significantly to the communications' needs
and desires of the residents and citizens of the City and the public generally. Further, City may
achieve better utilization and improvement of public services and enhanced economic development
with the development and operation of the Cable System.
FINDINGS
In the review of the application of Midcontinent Communications, ("Grantee"), and as a
result of a public hearing, the Franchising Authority makes the following findings:
(1) The Grantee's technical ability, financial condition, legal qualifications, and character were
considered and approved in a full public proceeding after due notice and a reasonable
opportunity to be heard;
(2) Grantee's plans for operating the System were considered and found adequate and feasible in
a full public proceeding after due notice and a reasonable opportunity to be heard;
(3) The Franchise granted to Grantee is nonexclusive;
(4) The Franchise granted to Grantee complies with the existing applicable Minnesota Statutes,
federal laws, and regulations.
SECTION 1
SHORT TITLE AND DEFINITIONS
(1) Short Title. This Franchise shall be known and cited as the Midcontinent Communications
Cable Television Franchise Ordinance.
(2) Definitions. For purposes of this Franchise, the following terms, phrases, words and their
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derivations shall have the meaning given herein. Words used in the present tense include the
future, words in the plural number include the singular number, and words in the singular
number include the plural number. All capitalized terms used in the definition of any other
term shall have their meaning as otherwise defined in this section. The words "shall" and
"will" are mandatory and "may" is permissive. Words not defined shall be given their
common and ordinary meaning.
(a)“Actual Cost” means Grantee's cost without any increase due to overhead, interest,
profit, or administrative expense.
(b)“Applicable Laws” means any local law, or federal or State statute, law, regulation,
or other final legal authority governing any of the matters addressed in this Franchise.
(c)“Basic Cable Service” means any service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational, and
governmental access programming required by the Franchise to be carried on the
basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47
U.S.C. §543(b)(7).
(d)“Cable Act” means the Cable Communications Policy Act of 1984, Pub. L. No. 98-
549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V 1987))
as amended by the Cable Television Consumer Protection and Competition Act of
1992, Pub. L. No. 102-385 and the Telecommunications Act of 1996, Pub. L. No.
104- 458 and as the same may, from time to time, be amended.
(e)“Cable Service” or “Service” means the one-way transmission to Subscribers of
Video Programming, or other programming service, and Subscriber interaction, if
any, which is required for the selection of such Video Programming or other
programming service.
(f)“Cable System” or “System” means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control equipment
that is designed to provide Cable Service which includes Video Programming, and
which is provided to multiple Subscribers within a community, but such term does
not include:
(i) A facility that serves only to retransmit the television signals of one or more
television broadcast stations;
(ii) A facility that serves Subscribers without using any public right-of-way;
(iii) A facility of a common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. §§201 et seq., except that such facility shall be considered a
Cable System (other than for purposes of 47 U.S.C. §541 (c) to the extent such facility is
used in the transmission of Video Programming directly to Subscribers, unless the extent
of s uch use is solely to provide interactive on demand services;
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(iv) An open video system that complies with 47 U.S.C. §653; or
(v) Any facilities of any electric utility used solely for operating its electric utility
systems.
(g)“Channel” or “Cable Channel” means a portion of the electromagnetic frequency
spectrum which is used in a Cable System and which is capable of delivering a
television Channel as defined by the Federal Communications Commission.
(h)“City” means the City of Orono, Minnesota as represented by the Council or any
official delegate of the Council acting within the scope of its jurisdiction.
(i)“Converter” means an electronic device which converts signals to a frequency
acceptable to a television receiver of a Subscriber and by an appropriate selector
permits a Subscriber to view all Subscriber signals included in the service.
(j)“Council” means the City Council of the City of Orono, Minnesota.
(k)“Drop” means the fiber optical cable that connects the ONT at the Subscriber's
residence to the nearest Node of the System.
(l)“FCC” means the Federal Communications Commission and any legally appointed,
designated, or elected agent or successor.
(m)“Feeder Cable” means trunk fiber optic cables that run along Streets within the served
area and connects between the individual Nodes which serve the Drops.
(n)“Franchise” means an initial authorization, or renewal thereof (including a renewal of
an authorization which has been granted subject to 47 U.S.C. §546) issued by a
franchising authority, whether such authorization is designated as a franchise, permit,
license, resolution, contract, certificate, agreement, or otherwise, which authorizes
the construction or operation of a Cable System or an MVPD System.
(o)“Franchise Fee” means any tax, fee or assessment of any kind imposed by the City or
any other Governmental Authority on a Grantee or cable Subscriber, or both, solely
because of their status as such. The term "Franchise Fee" does not include: (i) any
tax, fee or assessment of general applicability (including any such tax, fee or
assessment imposed on both utilities and cable operators or their services but not
including a tax, fee, or assessment which is unduly discriminatory against cable
operators or cable Subscribers); (ii) capital costs which are required by the Franchise
to be incurred by the Grantee for PEG Access Facilities; (iii) requirements or charges
incidental to the awarding or enforcing of the Franchise, including payments for
bonds, letters of credit, insurance, indemnification, penalties or liquidated damages;
or (iv) any fee imposed under Title 17 of the United States Code.
(p)“GAAP” means generally accepted accounting principles as promulgated and defined
by the Financial Accounting Standards Board ("FASB"), Emerging Issues Task Force
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("EITF") and/or the U.S. Securities and Exchange Commission ("SEC").
(q)“Governmental Authority” means any court or other federal, State, county, municipal
or other governmental department, commission, board, agency or instrumentality.
(r)“Grantee” is Midcontinent Communications, its agents and employees, lawful
successors, transferees, or assignees.
(s)“Gross Revenue” means any and all revenues received by the Grantee from or in
connection with the operation of the Cable System to provide Cable Services in the
Service Area. Gross Revenues shall include, by way of example but not limitation,
revenues from Basic Cable Service, all Cable Service fees, premium, pay-per-view,
Pay Television, Franchise Fees, late fees, guides, home shopping revenue, Installation
and reconnection fees, upgrade and downgrade fees, advertising revenue, Converter
rental fees and Lockout Device fees. Gross Revenue shall not include fees for the
sale, leasing or servicing of equipment, network capacity and facilities rent for the
provision of non-cable services (voice or data services), any fees itemized and passed
through as a result of Franchise imposed requirements, tower rent, refundable
deposits, bad debt, investment income, or any taxes, fees or assessments of general
applicability imposed or assessed by any Governmental Authority. A Franchise Fee is
not such a tax, fee, or assessment. Gross Revenues shall not include any PEG Fees
billed to or collected from Subscribers. The City acknowledges and accepts that
Grantee shall maintain its books and records in accordance with GAAP.
(t)“Headend” means the point of origination and processing for most of the signals
received by the Cable System from external content providers.
(u)“Installation” means the connection of the System from Feeder Cable to the point of
connectivity.
(v)“Node” means a remote point in the Cable System connecting fiber optic cable to the
Feeder and Fiber Drops.
(w)“Non-Standard Installation” means any Drop in excess of five hundred feet (500) feet
for a residential property.
(x)“Normal Business Hours” means those hours during which most similar businesses in
the City are open to serve customers. In all cases, “Normal Business Hours” must
include some evening hours at least one (1) night per week and/or some weekend
hours.
(y)“Normal Operating Conditions” means those service conditions which are within the
control of the Grantee. Those conditions which are not within the control of the
Grantee include, but are not limited to, natural disasters, civil disturbances, power
outages, telephone network outages, and severe or unusual weather conditions. Those
conditions which are ordinarily within the control of the Grantee include, but are not
limited to, special promotions, pay-per-view events, rate increases, regular peak or
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seasonal demand periods, and maintenance or upgrade of the System.
(z)“Open Video System” or “OVS” means any video programming Services provided to
any person by a Person certified by the FCC to operate an Open Video System
pursuant to Section 47 U.S.C. 573, as may be amended, regardless of the facilities
used.
(aa)“Pay Television” means the delivery over the System of pay-per-channel or pay-per-
program audio-visual signals to Subscribers for a fee or charge, in addition to the
charge for Basic Cable Service or Cable Programming Services.
(bb)“PEG” means public, educational and governmental.
(cc)“Person” means any individual or any association, firm, general partnership, limited
partnership, joint stock company, joint venture, trust, corporation, limited liability
company or other legally recognized entity, private or public, whether for-profit or
not-for-profit.
(dd)“Public, Educational or Government Access Facilities” or “PEG Access Facilities”
means:
(i)Channel capacity designated for public, educational or governmental use; and
(ii)Facilities and equipment for the use of such Channel capacity.
(ee)“Service Area” or “Franchise Area” means the entire geographic area within the City
as it is now constituted or may in the future be constituted.
(ff)“Service Interruption” means the loss of picture or sound on one (1) or more Cable
Channels.
(gg)“Standard Installation” means any residential installation which can be completed
using a Drop of five hundred (500) feet or less.
(hh)“State” means the State of Minnesota.
(ii)"Street" means any street, alley, other land or waterway, dedicated or commonly used
for utility purposes, including general or utility easements in which the City has the
right and authority to authorize, regulate or permit the location of facilities other than
those of the City. “Street” shall not include any real or personal City property that is
not specifically described in the previous sentence and shall not include City
buildings, fixtures and other structures or improvements, regardless of whether they
are situated in the public right-of-way.
(jj)“Subscriber” means any Person who lawfully elects to subscribe to Cable Service via
the System. In the case of multiple office buildings or multiple dwelling units, the
"Subscriber" means the lessee, tenant or occupant.
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(kk)“Tap” means a device which connects a Drop to the Feeder Cable.
(ll)“Video Programming” means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
(mm)“Wireline MVPD” means a multichannel video programming distributor that utilizes
the Streets to install cable or fiber and is engaged in the business of making available
for purchase, by Subscribers, multiple Channels of video programming in the City.
(3) Written Notice. All notices, reports or demands required or permitted to be given under this
Franchise shall be in writing and shall be deemed to be given when delivered personally to
the party designated below, or when five (5) days have elapsed after it has been deposited in
the United States mail in a sealed envelope, with registered or certified mail, postage
prepaid thereon, or on the next business day if sent by express mail or nationally recognized
overnight air courier addressed to the party to which notice, report or demand is being
given, as follows:
If to City:City Administrator
City of Orono City Hall
2750 Kelley Parkway
Orono, MN 55356
Copy to:City Attorney
Soren M. Mattick
Campbell Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Egan, MN 55121
If to Grantee:Midcontinent Communications
Attn: Legal
4020 W Cayman Street
Sioux Falls, SD 57107
Ph. (605) 271-4144
Such addresses may be changed by either party upon notice to the other party given as
provided in this section.
SECTION 2
GRANT OF AUTHORITY AND GENERAL PROVISIONS
(1)Franchise Required. It shall be unlawful for any Person, unless specifically
required by Applicable Laws, to construct, operate or maintain a Cable System or
an MVPD System to provide Cable Service or Video Programming, including
OVS, in the Franchising Authority unless such Person or the Person for whom
such action is being taken shall have first obtained and shall currently hold a valid
franchise.
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(2)Grant of Franchise. This nonexclusive Franchise is granted pursuant to the
terms and conditions contained herein. The City hereby authorizes Grantee to
occupy or use the City's Streets subject to: 1) the provisions of this non-exclusive
Franchise to provide Cable Service within the City; and 2) all applicable
provisions of the City Code. Said Franchise shall constitute both a right and an
obligation to provide Cable Services as required by the provisions of this
Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from:
(1) providing services other than Cable Services to the extent not prohibited by
Applicable Law; or (2) challenging any exercise of the City's legislative or
regulatory authority in an appropriate forum. The City hereby reserves all of its
rights to regulate such other services to the extent not prohibited by Applicable
Law and no provision herein shall be construed to limit or give up any right to
regulate.
(3)Grant of Nonexclusive Authority/Competitive Equity.
a.The Franchise granted herein shall be nonexclusive. The City specifically
reserves the right to grant, at any time, such additional franchises for a Cable
System as it deems appropriate provided, however, such additional grants
shall not operate to materially modify, revoke, or terminate any rights
previously granted to Grantee othe r than as described herein. If an y other
Wireline MVPD enters into any agreement with the City to provide multi
channel video programming or its equivalent to residents in the City, the City,
upon written request of the Grantee, shall permit the Grantee to construct
and/or operate its Cable System and provide multi channel video
programming or its equivalent to Subscribes in the City under the same
material terms as applicable to the new MVPD with the goal of competitive
equity, taking into consideration th e City’s capital contribution towards
System extension as set forth in Section 3 of this Franchise. Within one
hundred eighty (180) days after the Grantee submits a written request to the
City, the Grantee and the City shall enter into an agreement or other
appropriate authorization (if necessary) containing any modified terms and
conditions to this Franchise. In no event shall this provision be used by
Grantee to avoid the System extension obligations or Performance Bond
obligations contained in this Franchise.
b.The Cable System constructed and maintained by Grantee or its agents shall
not interfere with other uses of Streets. Grantee shall make use of existing
poles and other facilities available to Grantee to the extent commercially
reasonable. Nothing in this section authorizes the Grantee to construct poles
in the City without prior City consent consistent with the City Code.
c.Notwithstanding the above grant to use Streets, no Street shall be used by
Grantee if City, in its sole opinion, determines th at such use is inconsistent
with the terms, conditions, or provisions by which such Street was created or
dedicated, or with the present use of the Street.
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d.Grantee shall have the authority to use Streets for the distribution of
Grantee’s System. The City may require all developers of future subdivisions
to allow and accommodate the construction of the System as part of any
provisions for utilities to serve such subdivisions.
e.
f.The Grantee specifically agrees to comply with the lawful provisions of the
City Code and applicable regulations of the City. Subject to the police power
exception below, in the event of a conflict between A) the lawful provisions
of the City Code or applicable regulations of the City and B) this Franchise,
the express provisions of the City Code shall govern. Su bject to express
federal and state preemption, the material terms and conditions contained in
this Franchise may not be unilaterally altered by the City through subsequent
amendments to the City Code, ordinances or any regulation of City, except in
the lawful exercise of City' s police power. Grantee acknowledges that the
City may modify its regulatory policies by lawful exercise of the City' s
police powers throughout the term of this Franchise. Grantee agrees to
comply wit h such lawful modifications to th e City Code; however, Grantee
reserves any rights it may have to challenge such modifications to the City
Code whether arising in contract or at law. The City reserves all of its rights
and defenses to such challenges wheth er arising in contract or at law.
g.Nothing in this Franchise shall (A) abrogate the right of the City to perform
any public works or public improvements of any description, (B) be
construed as a waiver of any codes or ordinances promulgated by the City, or
(C) be construed as a waiver or release of the rights of the City in and to the
Streets.
h.This Franchise complies with the Minnesota franchise standards set forth in
Minnesota Statutes Section 238.084. The City and the Grantee shall conform
to Minnesota laws promulgated subsequent to the date of this Franchise. The
City and the Grantee shall conform to federal laws and regulations as they
become effective.
(2)Franchise Term.
a.This Franchise shall be in effect for a period of ten (10) years from the date of
acceptance by Grantee, unless renewed, revoked, or terminated sooner as
herein provided (“Initial Term”). The Initial Term shall be extended for an
additional five (5) years if Grantee has substantially complied with the
material terms and conditions of this Franchise. Grantee shall pro vide written
notice to City at least twelve (12) months prior to the end of the Initial Term
indicating its compliance with the material terms and conditions of this
Franchise. City shall respond within six (6) months of su ch notice from
Grantee by either granting the five (5) year extension or stating in writing any
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objection the City may have to the five (5) year extension. The parties shall
work in good faith to address any issues or concerns on mutually acceptable
terms.
b.In the event Franchising Authority grants one or more additional Franchises
or one or more non-franchised MVPD’s commence providing Video
Programming in the Franchising Authority, Grantee shall have the right to
modify this Franchise as provided herein, terminate the Franchise, or reduc e
the term of this Franchise in its sole discretion. All Franchises granted or
renewed after the date of this Franchise shall have the same substantive terms
and conditions as this Franchise in order that one MVPD not be gr anted a
competitive advantage over another. Nothing in this provision shall be
constructed in such a way as to limit the Franchising Authority's authority to
enter into other Franchises.
c.In the event a MVPD commences operation without a Franchise or is granted
a Franchise or permit to operate by the Franchising Authority, the terms and
conditions of which do not comply with this Franchise, Grantee shall notify
the Franchising Authority whether it wishes to modify its Franchise (in
addition to any rights it may have to modify its Franchise under state or
federal law), terminate the Franchise or reduce the term of this Franchise in
its sole discretion. The Franchising Authority and the Grantee shall work
together in good faith to develop Franchise modifications which address any
competitive inequity, and the Franchising Authority shall adopt those
modifications within ninety (90) days after receiving notice from Grantee.
Failure to adopt the modifications shall allow Grantee to unilaterally opt into
the competitor’s Franchise or to otherwise reduce or eliminate any obligations
imposed by this Franchise which are not imposed on a competitor in its sole
discretion. A MVPD is not an entity that provides direct broadcast satellite
services for purposes of this Section. Notwithstanding any provisions of this
Section to the contrary, if the Franchising Authority does not possess
authority under applicable laws to require a Franchise from any Person, the
provisions of this Section shall not apply.
(4)Previous Franchises. Upon acceptance by Grantee as required by Section 11(2)
herein, this Franchise shall supersede and replace any previous Ordinance or
Agreement granting a Franchise to Grantee to own, operate and maintain a Cable
System within the City.
(5)Ownership of Grantee. Grantee represents and warrants to City that the
corporate structure of the Grantee, including all affiliated companies and ultimate
parent company, are as set forth in the organizational chart attached hereto as
Exhibit B.
(6)Rules of Grantee. The Grantee shall have the authority to promulgate such
rules, regulations, terms, and conditions governing the conduct of its business as
shall be reasonably necessary; provided that such rules, regulations, terms and
conditions shall not be in conflict with Applicable Law.
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SECTION 3
CONSTRUCTION STANDARDS
(1)Territorial Area Involved. This Franchise is granted for the corporate
boundaries of Franchising Authority, as it exists from time to time. It shall be the
responsibility of the Franchising Authority to notify Grantee of the annexation of
new territories into the corporate boundaries. In the event of annexation by
Franchising Authority, or as development occurs, any new territory shall become
part of the area covered, provided, however, that Grantee shall not be required to
extend service beyond its present System boundaries unless there is a minimum of
forty (40) homes per cable mile as measured from the last fiber node or
terminating amplifier. Access to Cable Service shall not be denied to any group of
potential residential cable Subscribers because of the income of the residents of the
area in which such group resides. Grantee shall be given a reasonable period of
time to construct and activate cable plant to service annexed or newly developed
areas.
(2)Construction Standards.
a.Grantee shall obtain all required permits from Franchising Authority before
commencing any construction upgrade or extension of the System, including
the opening or disturbance of any Street, or private or public property within
Franchising Authority.
(3)Service to Residences.
a.Grantee shall provide Cable Service to any qualified requesting Subscriber
within the Service Area that requires a Standard Installation within thirty (30)
days from the date of request, provided that the Grantee is ab le to secure
access to all rights-of-way necessary to extend Service to such Subscriber on
reasonable terms and conditions.
b.If a Subscriber requires a non-Standard Installation (e.g. a Drop in excess of
500 feet), Grantee shall, upon request, provide a qu ote for construction of the
non- Standard Installation and shall establish a mutually acceptable payment
schedule not to exceed one (1) calendar year. For residential Installations
only, Grantee shall be responsible for all costs of the Standard Installation and
the Subscriber shall be responsible for one half (1/2) of the Actual Cost of
any construction required beyond the cost of the Standard Installation;
Grantee shall be responsible for the balance of the costs for the non-Standard
Installation.
c.Grantee shall promptly bury all Drops to Subscribers' dwellings and restore
the property to its original condition. In the event the ground is frozen or
otherwise unsuitable to permit immediate burial, Grantee shall be permitted to
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delay such burial until the ground becomes suitable for burial and shall
complete said burial no later than July 1st of each year.
d.Grantee shall ensure that all Installations and Drops are properly grounded
and that the Cable System meets or exceeds the applicable requirements of
the most current editions of the National Electrical Code (NFRA 70) and the
National Electrical Safety Code (ANSI C2).
(4)System Extensions.
a.Grantee shall construct and activate the Cable System at its sole cost and
expense to areas depicted on Exhibit A.
b.Grantee shall be obligated to extend plant to all areas of the City where the
density reaches or exceeds forty (40) homes per cable mile as measured from
the nearest Node or terminating amplifier required to deliver a signal that
complies with the FCC Technical Standards.
(5)Permits and Permit Fees. Grantee shall not construct any Cable System facilities until
Grantee has secured the necessary permits from the City , subject to any right-of-way
permit fee. Grantee and Subscribers shall not be required to pay a permit fee for
Drops or System Extensions that do not involve work within road or street rights-of-
way.
(6)City Code. Grantee shall comply with all relevant City Codes in the course of
fulfilling its obligations under this Franchise.
(7)Grantee's Facilities and Equipment.
a.In those areas of the City where transmission or distribution facilities of all or
a majority of the public utilities providing telephone and electric power
service are underground, the Grantee likewise shall construct, operate and
maintain its System underground, not including Subsection (7)(d) facilities
below.
b.Grantee shall be granted access to any easements granted to a public utility,
municipal utility or utility district in any areas annexed by City or new
developments.
c.In those areas of the City where Grantee's cables are located on the above-
ground transmission or distribution facilities of the utility providing telephone
or electric power service, and in the event that the facilities of both such
utilities subsequently are placed underground, then the Grantee likewise shall
remove its overhead facilities from any affected poles and construct, operate
and maintain its transmission and distribution facilities underground, at
Grantee's cost.
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d.Certain of Grantee's equipment, such as pedestals, amplifiers and power
supplies (but not antennae), which normally are placed above ground, may
continue to remain in above-ground enclosures, however, the City specifically
reserves all of its rights to approve above-ground or underground locations
for pedestals subject to Applicable Laws.
e.Grantee shall comply with Minnesota Statutes §216D (the Gopher State One
Call process).
(8)New Residential Developments. In new residential developments in which all
the electric power and telephone utilities are underground, the City may, in its sole
discretion, require that the following procedure apply with respect to access to and
utilization of underground easements:
a.The developer shall be responsible for contacting Grantee to provide Cable
Service to that development.
b.The developer shall accommo date all Wireline MVPD's in the joint utilities
trench on the same terms and conditions.
c.Grantee will install infrastructure in all new developments planned by the
City, however, said infrastructure may be limited to a co nduit only system.
Grantee reserv es the right to participate in the common trench or to dig its
own trench. If Grantee chooses to dig its own trench, nothing in this section
requires Grantee to allow others to use Grantee’s trench absent an agreement.
Grantee shall be required to complete its infrastructure no later than ninety
(90) days after it receives notice from the City that the first certificate of
occupancy has been issued for a particular development, subject to the
completion of any required plant construction under Section 3.4(a ).
d.The developer shall provide at least ten (10) business days’ notice of the date
that utility trenches will be open to Grantee. Grantee shall not be required to
use utility trenches provided by a developer and reserves the right to install its
System in a separate trench at its own expense, subject to its compliance with
applicable permitting requirements.Developer shall submit evidence to City
that:
i.It has notified Grantee that underground utility trenches are to be open as
of an estimated date, and that Grantee is allowed access to such trenches,
including trenches from proposed Streets to individual homes or home
sites, on the same terms and conditions as other Wireline MVPD's; and
ii.It has received a written notification from Grantee that Grantee intends to
install its facilities during the open trench period on the specified terms
and conditions, or such other terms and conditions as are mutually
agreeable to the developer and Grantee.
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(9)Use of Streets and Property. Any and all Streets or public property or private
property, which are disturbed or damaged during the construction, repair,
replacement, relocation, operation, maintenance or reconstruction of the System
shall be promptly and fully restored by Grantee, at its expense, to a condition as
good as that prevailing prior to Grantee's work, as approved by City in the case of
Streets and other public property. If Grantee shall fail to promptly perform the
restoration required herein, City shall have the right, subject to Applicable Law, to
put the Streets, public, or private property back into good condition. City reserves
its rights to pursue reimbursement for such restoration from Grantee in accordance
with Applicable Law and the terms of this Franchise.
a.Nothing in this Franchise shall be construed to prevent City from
constructing, maintaining, repairing or relocating sewers; grading, paving,
maintaining, repairing, relocating and/or altering any Street; constructing,
laying down, repairing, maintaining or relocating any water mains; or
constructing, maintaining, relocating, or repairing any sidewalk or other
public work.
b.The Grantee shall furnish to and file with City Administrator strand maps of
the System, including the location of underground facilities, and Gr antee shall
file with City updates of such maps, plats, and permanent records annually if
changes have been made in the System. City shall have right to travel to
Grantee's office, within reasonable proximity of the City, to review an as -built
map in accordance with Section 7(3) of this Franchise.
c.If at any time during the period of this Franchise, the City shall elect to alter,
or change the grade or location of any Street, alley or other public way, the
Grantee shall, at its own expense, upon reasonable notice by City, remove and
relocate its poles, wires, cables, conduits, manholes and other fixtures of the
System, and in each instance comply with the standards and specifications of
City. If City reimburses other occupants of the Street, Grantee shall be
likewise reimbursed.
d.The Grantee shall, on request of any Person holding a moving permit issued
by City, temporarily move its wires or fixtures to permit the moving of
buildings with the expense of such temporary removal to be paid by the
Person requesting the same in advance of the work being performed, and the
Grantee shall be given not less than ten (10) days advance notice to arrange
for such temporary changes.
(10)Tree Trimming. Grantee shall have the authority to trim trees, in accordance
with all applicable utility restrictions, ordinance and easement restrictions, upon
and hanging over Streets and public places of the City so as to prevent the
branches of such trees from coming in contact with the wires and cables of
Grantee. City representatives shall have authority to supervise and approve all
trimming of trees conducted by Grantee. Grantee will contact the owners of
private easements prior to engaging in the trimming of trees or shrubs adjacent to
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Grantee's System. Grantee will make reasonable accommodations with and for the
property owner to ensure Grantee's System and cable plant is safe and secure as
well as that the property owner's trees and shrubs are trimmed in accordance with
established standards of the National Arborist Association.
(11)Protection of facilities. Nothing contained in this section shall relieve any
Person from liability arising out of the failure to exercise reasonable care to avoid
damaging Grantee's facilities while performing any work connected with grading,
regrading or changing the line of any Rights-of-Way or public place or the
construction or reconstruction of any sewer or water system.
SECTION 4
DESIGN PROVISIONS
(1)Minimum Channel Capacity.
a.Grantee shall provide a System utilizing fiber optic cable to provide an IPTV
Cable System which shall be capable of delivering a minimum of eighty (80)
video program Channels.
b.All programming decisions remain the sole discretion of Grantee subject to
City's rights pursuant to 47 U.S.C. § 545.
(2)Technical Standards. The System shall at all times meet or exceed the technical
standards established by the FCC as they may be amended from time to time and
shall be operated so as to minimize disruption of signal to Subscribers. The
System specifications are outlined in Exhibit C for information purposes.
(3)Special Testing.City may require special testing of a location or locations
within the System if there is a particular matter of controversy or unresolved
complaints pertaining to such location(s).Demand for such special tests may be
made on the basis of complaints received or other evidence indicating an
unresolved controversy or noncompliance.Such tests shall be limited to the
particular matter in controversy or unresolved complaints. The City shall
endeavor to so arrange its request for such special testing so as to minimize
hardship or inconvenience to Grantee or to the Subscribers caused by such
testing. Before ordering such tests, Grantee shall be afforded thirty (30) days to
correct problems or complaints upon which tests were ordered. The City shall
meet with Grantee prior to requiring special tests to discuss the need for such and,
if possible, visually inspect those locations which are the focus of concern. If,
after such meetings and inspections, City wishes to commence special tests and the
thirty (30) days have elapsed without correction of the matter in controversy or
unresolved complaints, the tests shall be conducted by a qualified engineer
selected by City. In the event that special testing is required by City to determine
the source of technical difficulties, the cost of said testing shall be borne by the
Grantee if the testing reveals the source of the technical difficulty to be within
Grantee's control. If the testing reveals the difficulties to be caused by factors
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which are beyond Grantee's control then the cost of said test shall be borne by
City.
(4)FCC Reports. Upon request, the results of tests required to be filed by Grantee
with the FCC shall also be copied to City within ten (10) days ofthe conduct of the
date of the test.
(5)Emergency Alert Capability. At all times during the term of this Franchise,
Grantee shall provide and maintain an Emergency Alert System (EAS) consistent
with applicable federal law and regulations including 47 C.F.R., Part 11, and any
Minnesota State Emergency Alert System requirements. The City may identify
authorized emergency officials for activating the EAS consistent with the
Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also
develop a local plan containing methods of EAS message distribution, subject to
Applicable Laws and the EAS Plan. Nothing in this section is intended to expand
Grantee's obligations beyond that which is required by the EAS Plan and
Applicable Law.
(6)Stand-by Power. Grantee shall as necessary to operate the system, maintain
standby power system supplies, rated for at least two and one-half (2.5) hours
duration at all optical Node locations in the distribution network.
(7)Parental Control Lock. Grantee shall provide, for sale or lease, to Subscribers,
upon request, a parental control locking device or digital code that permits
inhibiting the video and audio portions of any Channels offered by Grantee.
SECTION 5
SERVICES PROVISIONS
(1) Rate Regulation. The City reserves the right to regulate rates for Basic Cable Service and
any other services offered over the Cable System, to the extent not prohibited by
Applicable Laws
(2) Consumer Protection and Customer Service Standards. Grantee shall comply with the
consumer protection standards attached hereto as Exhibit D under Normal Operating
Conditions.
SECTION 6
PUBLIC ACCESS PROVISIONS
(1) Public, Educational and Government Access. City or its designee is hereby designated to
operate, administer, promote, and manage public, educational, and governmental
programming (hereinafter "PEG Access") for the Cable System established pursuant to
this Section 6. Grantee shall have no responsibility whatsoever for PEG Access except as
expressly stated in this Section 6.
(2) Grantee Support for PEG Usage. In accordance with the provisions of the Cable Act and
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Minnesota Statutes Section 238.084, Grantee shall provide and make available for PEG
Access usage within the Service Area in accordance with Exhibit E hereto.
a. PEG Access Facilities shall be operated by the City.
b. Community Access/PEG Programming. Subject to the legal, financial, and
technical feasibility of same, Grantee shall, upon request from the City provide
carriage of the Lake Minnetonka Cable Commission (LMCC) PEG programming
originating from the LMCC and the Cities of Wayzata and Medina. Grantee will
work with the City to explore the feasibility of broadcasting programming
originating from the City in the future.
SECTION 7
OPERATION AND ADMINISTRATION PROVISIONS
(1) Franchise Fee.
a. During the term of the Franchise, Grantee shall pay monthly to the City a
Franchise Fee of five percent (5%) of Gross Revenues or a lower percentage
amount as established by the City Council from time to time. Grantee and City
may mutually agree to increase the Franchise Fee subject to Applicable Law. In
the event Grantee bundles or combines Cable Services (which are subject to the
Franchise Fee) with non-Cable Services (which are not subject to the Franchise
Fee) so that Subscribers pay a single fee for more than one (1) class of service
resulting in a discount on Cable Services, Grantee agrees that for the purpose of
calculation of the Franchise Fee, it shall allocate to Cable Service revenue no less
than a pro rata share of the revenue received for the bundled or combined
services. The pro rata share shall be computed on the basis of the published
charge for each service in the bundled or combined classes of services when
purchased separately.
b. Each Franchise Fee payment shall be paid monthly not later than thirty (30) days
following the end of a given month and each payment shall be accompanied by
the Franchise Fee Payment Worksheet in the form attached hereto as Exhibit H.
c. Except as otherwise provided by law, no acceptance of any payment by the City
shall be construed as a release or as an accord and satisfaction of any claim the
City may have for further or additional sums payable as a Franchise Fee under
this Franchise or for the performance of any other obligation of the Grantee.
d. Any Franchise Fees owing pursuant to this Franchise which remain unpaid more
than thirty (30) days after the end of a given quarter shall be delinquent and shall
immediately thereafter accrue simple interest at twelve percent (12%) per annum.
Enforcement of unpaid Franchise Fees shall be handled in accordance with
Section 9(7), however, Grantee shall in all cases be subject to interest on any
payment more than thirty (30) days after the end of a given month.
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e. Upon ten (10) days prior written notice, City shall have the right to conduct an
independent audit of Grantee's records. If such audit indicates a Franchise Fee
underpayment of five percent (5%) or more of the Franchise Fee due, the Grantee
shall assume all of City's out-of-pocket costs associated with the conduct of such
an audit. Grantee shall remit to City all applicable Franchise Fees and PEG fees
due and payable together with all accrued interest as set forth in paragraph 7.1 (d)
above within 30 days of receiving the audit statement.
f. Grantee acknowledges and agrees that the Franchise Fees payable by Grantee to
City pursuant to this section shall take precedence over all other material
provisions of the Franchise and shall not be deemed to be in the nature of a tax,
and shall be in addition to any and all taxes of general applicability and other fees
and charges which do not fall within the definition of a Franchise Fee under 47
U.S.C. § 542.
g. Grantee shall not apply or seek to apply all or any part of any taxes, fees or
assessments of general applicability levied or imposed by the City or (including
any such tax, fee or assessment imposed on both utilities and cable operators or
their services) that do not fall within the definition of a Franchise Fee under 47
U.S.C. § 542 as a deduction or other credit from or against any of the Franchise
Fees or other payments or contributions to be paid or made by Grantee to City
pursuant to this Franchise which shall be deemed to be separate and distinct
obligations of Grantee.
(2) Periodic Evaluation, Review and Modification. City and Grantee acknowledge and agree
that the field of cable television is rapidly changing and one which may see many
regulatory, technical, financial, marketing, and legal changes during the term of this
Franchise. Therefore, in order to provide for the maximum degree of flexibility in this
Franchise, and to help achieve an advanced and modern Cable System, the following
evaluation provisions will apply:
a. The City reserves the right to adopt rules and regulations controlling the
procedures as set forth below and the subjects for evaluation sessions. In the
absence of any City action taken to exercise these rights, Grantee shall be subject
to the procedures and the subjects described in this Section.
b. The City may require, in its sole discretion, that the Grantee participate in
evaluation sessions with the City at any time and from time to time during the
term of this Franchise; provided, however, there shall not be more than one (1)
evaluation session in any three (3) year period during the Term. However,
nothing shall prohibit Grantee and City from mutually agreeing to have informal
reviews as requested or deemed advisable by either party.
c. Topics which may be discussed at any evaluation session include, but are not
limited to, rates, Channel capacity, the System performance, programming, PEG
Access, municipal uses of the System, Subscriber complaints, judicial rulings,
FCC rulings and any other topics the City or Grantee may deem relevant.
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d. As a result of an evaluation session, the City or Grantee may determine that an
amendment in the terms of this Franchise may be required, that the requirements
of the System or this Franchise should be updated, changed or revised, and/or that
additional services should be provided by Grantee (collectively a "Proposed
Modification"). If the Proposed Modification is consistent with the terms of this
Franchise, the needs of the City and existing state-of-the-art technology,
including what is provided by Grantee in other systems owned, operated or
managed by it, its parent company or any affiliated company, Grantee and the
City will, in good faith, review the terms of the Proposed Modification and
consider amending this Franchise according to Section 10(2) herein.
(3) Records Required and City's Right to Inspect.
a. Grantee shall make available upon request, at its sole cost and expense,
the following records and information relating specifically to the Cable
System serving the City:
i.A full and complete set of plans, records and “as-built” drawings
and/or maps which shall be updated annually showing the
location of the Cable System installed or in use in the City,
exclusive of Subscriber service Drops and equipment provided in
Subscribers' homes. Such plans, records and “as-built” drawings
shall be labeled as “Trade-Secret” and kept non-pubic in
accordance with applicable statutes.
ii. A summary of trouble calls or complaints, identifying the number,
general nature and disposition of such calls, on a monthly basis. A
summary of such service calls shall be submitted to the City
within thirty (30) days following its request in a form reasonably
acceptable to the City.
b. Upon reasonable notice and during Normal Business Hours, Grantee shall
permit examination by any duly authorized representative of the City of
all Franchise property and facilities, together with any appurtenant
property and facilities of Grantee situated within or without the City, and
those records relating to this Franchise, that enable the City to carry out
its regulatory responsibilities under Applicable Laws and this Franchise.
Grantee shall have the right to be present at any such examination.
(2) Reports. All reports required under this Franchise shall be furnished at the sole
expense of Grantee.
a. During the first three (3) years following the Effective Date of this
Franchise, Grantee shall provide City with a quarterly report evidencing
the progress of System construction and extension as set forth in Section
3(4) of this Franchise.
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b. Grantee shall provide City with an annual statement, within ninety (90)
days of the close of each calendar year end, certified by an Officer of the
Grantee, reflecting the total amounts of Gross Revenues and all payments
and computations of the Franchise Fee and the PEG Fee for the previous
calendar year.
(3) Duty to Cooperate. Each of Grantee and City shall use its commercially
reasonable efforts to communicate and promptly and in good faith resolve any
issues that may arise pursuant to this Franchise.
SECTION 8
GENERAL FINANCIAL AND INSURANCE PROVISIONS
(1)Security Fund.
(a)At the time of acceptance of this Franchise, Grantee shall provide, from a
financial institution mutually acceptable to the Parties, and in a form and substance
mutually acceptable to the Parties, an irrevocable and unconditional Letter of Credit in
the sum of Ten Thousand and No/100 Dollars ($10,000.00) for the benefit of the City to
ensure compliance by Grantee with all terms of the Franchise (“Security Fund”). Grantee
shall maintain this Security Fund throughout the term of this Franchise and pursuant to
Section 9(3)(b), and until such time as Grantee has liquidated all of its obligations with
City.
(b)The Security Fund shall provide that funds will be paid to City, upon
written demand of City, and after the procedures of this section have been complied with
in payment for liquidated damages charged pursuant to this section, in payment for any
monies owed by Grantee pursuant to its obligations under this Franchise, or in payment
for any damage incurred as a result of any acts or omissions by Grantee pursuant to this
Franchise.
(c)In addition to recovery of any monies owed by Grantee to City or damages
to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in
its sole discretion may charge to and collect from the Security Fund the following
mutually agreed upon liquidated damages:
(i) For failure to timely complete system upgrades as provided in this
Franchise unless the City has approved delays, and for failure to comply with
construction, operation or maintenance standards and requirements, the penalty
shall be Five Hundred and No/100 Dollars ($500) per day for each day, or part
thereof, such failure occurs or continues.
(ii) For failure to meet the customer service standards and
requirements as set forth in this Franchise and the exhibits hereto the penalty shall
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be Three Hundred and No/100 Dollars ($300) per day for each day, or part
thereof, such failure occurs or continues.
(iii) For failure to comply with any of the provisions of this Franchise,
or other City ordinance related to Franchise operations for which a penalty is not
otherwise specifically provided pursuant to this subparagraph (c), the penalty
shall be One Hundred Fifty and No/100 Dollars ($150) per day for each day, or
part thereof, such failure occurs or continues.
(d)Each violation of any provision of this Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
(e)Whenever City finds that Grantee has violated one (1) or more terms,
conditions or provisions of this Franchise, a written notice shall be given to Grantee,
specifying with particularity the alleged violation. At any time after thirty (30) days (or
such additional reasonable time which is necessary to cure the alleged violation)
following local receipt of notice, provided Grantee remains in violation of one (1) or
more material terms, conditions or provisions of this Franchise, City may draw from the
Security Fund all penalties and other monies due City from the date of the local receipt of
notice.
(f) Whenever notice of an alleged violation has been received by Grantee,
Grantee may, within thirty (30) days of local receipt of notice, notify City that there is a
dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee
to City shall toll the running of the time frames for cure and the accrual of any penalties
herein and shall specify with particularity the matters disputed by Grantee. City shall
hear Grantee’s dispute at its next regularly scheduled Council meeting or as soon
thereafter as possible pursuant to this Section 8(1). In no event shall City delay hearing
Grantee’s dispute for more than ninety (90) days from receipt of Grantee’s notice.
Grantee shall be afforded a reasonable notice of the meeting and afforded a reasonable
opportunity to participate in and be heard at the meeting. City shall supplement its
decision with a written order sustaining or overruling the decision, and shall specify with
particularity the factual and legal basis for its decision.
(g) Upon determination by City that no violation has taken place, City shall
withdraw the notice alleging a violation. Upon determination that a violation has
occurred, Grantee shall have 30 days to cure said violation before penalties shall accrue.
(h) Grantee shall have the right to challenge in a court of competent
jurisdiction the City’s findings that Grantee has violated one (1) or more terms,
conditions or provisions of this Franchise or has failed to substantially cure such
violation.
(i) If said Security Fund or any subsequent security fund delivered pursuant
thereto expires prior to the expiration of the Franchise, it shall be renewed or replaced
during the term of this Franchise to provide that it will not expire earlier than the
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expiration of this Franchise. The renewed or replaced security fund shall be for the full
amount stated in paragraph (a) of this section.
(j) If City draws upon the Security Fund or any subsequent security fund
delivered pursuant hereto, in whole or in part, Grantee shall replenish or replace the same
within fifteen (15) days and shall deliver to City a like replacement security fund for the
full amount stated in paragraph (a) of this section as a substitution of the previous
security fund.
(k) If any Security Fund is not so replenished or replaced, City may draw on
said security fund for the whole amount thereof and hold the proceeds, without interest,
and use the proceeds to pay costs incurred by City in performing and paying for any or all
of the obligations, duties and responsibilities of Grantee under this Franchise that are not
performed or paid by Grantee pursuant hereof, including attorneys’ fees incurred by the
City in so performing and paying.
(l) The collection by City of any damages, monies or penalties from the
security fund shall not affect any other right or remedy available to City, nor shall any
act, or failure to act, by City pursuant to the security fund, be deemed a waiver of any
right of City pursuant to this Franchise or otherwise.
(1) Liability Insurance.
a. Grantee shall with its acceptance of this Franchise, and at its sole
expense, take out and maintain during the term of this Franchise
comprehensive general liability insurance with a company licensed to do
business in the State of Minnesota with a rating by A.M. Best & Co. of
not less than “A-“ that shall protect the Grantee, the City and their
officials, officers, directors, employees and agents from any and all
claims which may arise from operations under this Franchise, whether
such operations be by the Grantee, its officials, officers, directors,
employees and agents or any subcontractors of Grantee. This liability
insurance shall include, but shall not be limited to, protection against
claims arising from bodily and personal injury and damage to property,
resulting from Grantee's vehicles, products and operations. The amount of
insurance for single limit coverage applying to bodily and personal injury
and property damage shall not be less than Two Million Dollars
($2,000,000.00).
b. The following endorsements shall be attached to the liability policy:
i. The policy shall provide coverage on an "occurrence" basis.
ii. The policy shall cover personal injury as well as bodily injury.
iii. The policy shall cover blanket contractual liability subject to the
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standard universal exclusions of contractual liability included in
the carrier's standard endorsement as to bodily injuries, personal
injuries and property damage.
iv. Broad form property damage liability shall be afforded.
v. The City shall be named as an additional insured on all policies
required under this Franchise.
vi. An endorsement shall be provided which states that the coverage
is primary insurance and that no other insurance maintained by
the City will be called upon to contribute to a loss under this
coverage.
vii. Standard form of cross-liability shall be afforded.
viii. An endorsement stating that the policy shall not be canceled
without thirty (30) days’ notice of such cancellation given to the
City.
ix. Grantee shall submit to City a certificate of insurance signed by
the insurance agent and companies named.
x. All insurance shall be effective within thirty days after the
Franchise is executed by Grantee and shall continue in full force
and effect for the duration of the Franchise and per Section
9(3)(b) of the Franchise.
(2) Workers' Compensation Insurance. Grantee shall obtain and maintain Workers'
Compensation Insurance for all of Grantee's employees, and in case any work is
sublet, Grantee shall require any subcontractor similarly to provide Workers'
Compensation Insurance for all of their employees, all in compliance with State
laws, and to fully indemnify the City from and against any and all claims arising
out of occurrences on Grantee's work. Grantee hereby indemnifies City for any
and all costs, expenses (including attorneys' fees and disbursements of counsel),
damages and liabilities incurred by City as a result of any failure of either
Grantee or any subcontractor of Grantee to take out and maintain such insurance.
Grantee shall provide the City with a certificate of insurance indicating Workers'
Compensation coverage upon its acceptance of this Franchise.
(3) Indemnification.
a. Grantee shall indemnify, defend and hold City, its officers, boards,
commissions, agents and employees (collectively the “Indemnified
Parties”) harmless from and against any and all lawsuits, claims, causes
of action, actions, liabilities, demands, damages, judgments, settlements,
disability, losses, expenses (including attorney's fees and disbursements
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of counsel) and costs of any nature (“Claims”) that any of the Indemnified
Parties may at any time suffer, sustain or incur arising out of, based upon
or in any way connected with the grant of this Franchise, the operation of
Grantee's System, the breach by Grantee of its obligations under this
Franchise and/or the activities of Grantee, its subcontractor, employees
and agents hereunder. Grantee shall be solely responsible for and shall
indemnify, defend and hold the Indemnified Parties harmless from and
against any and all matters relative to payment of Grantee's employees,
including compliance with Social Security and withholdings.
i. The indemnification obligations of Grantee set forth in this
Franchise are not limited in any way by the amount or type of
damages or compensation payable by or for Grantee under
Workers' Compensation, disability or other employee benefit acts,
acceptance of insurance certificates required under this Franchise,
or the terms, applicability or limitations of any insurance held by
Grantee.
ii. City does not, and shall not, waive any rights against Grantee
which it may have by reason of the indemnification provided for
in this Franchise, because of the acceptance by City, or the
deposit with City by Grantee, of any of the insurance policies
described in this Franchise.
iii. The indemnification of City by Grantee provided for in this
Franchise shall apply to all damages and claims for damages of
any kind suffered by reason of any of the Grantee's operations
referred to in this Franchise, regardless of whether or not such
insurance policies shall have been determined to be applicable to
any such damages or claims for damages.
iv. City shall hold Grantee harmless, subject to the limitations in
Minnesota Statutes Chapter 466, for any damage resulting from
the negligence or misconduct of the City or its officials, boards,
commissions, agents, or employees in utilizing any PEG Access
Channels, equipment, or facilities and for any such negligence or
misconduct by City in connection with work performed by City
and permitted by this Franchise, on or adjacent to the Cable
System.
SECTION 9
SALE, ABANDONMENT, TRANSFER, AND REVOCATION
(1) Franchise Non-transferable.
(a) Grantee shall not voluntarily or involuntarily, by operation of law or otherwise,
sell, assign, transfer, lease, sublet or otherwise dispose of, in whole or in part, the
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Franchise and/or Cable System or any of the rights or privileges granted by the
Franchise, without the prior written consent of the Council, which consent shall
not be unreasonably denied or delayed.
(b) Without limiting the nature of the events requiring the Council's approval under
this section, the following events shall be deemed to be a sale, assignment or
other transfer of the Franchise and/or Cable System requiring compliance with
this section: (i) the sale, assignment or other transfer of all or a majority of
Grantee's assets or the assets comprising the Cable System to any Person; (ii) the
merger of the Grantee or any of its parents with or into another Person (including
the merger of Grantee or any parent with or into any parent or subsidiary
corporation or other Person); (iii) the consolidation of the Grantee or any of its
parents with any other Person; (iv) the creation of a subsidiary corporation or
other entity; (v) the sale, assignment or other transfer of capital stock or
partnership, membership or other equity interests in Grantee or any of its parents
by one or more of its existing shareholders, partners, members or other equity
owners so as to create a new Controlling Interest in Grantee; (vi) the issuance of
additional capital stock or partnership, membership or other equity interest by
Grantee or any of its parents so as to create a new Controlling Interest in Grantee;
and (vii) the entry by the Grantee into an agreement with respect to the
management or operation of the Grantee, any of Grantee's parents and/or the
System or the subsequent amendment thereof. The term "Controlling Interest" as
used herein is not limited to majority equity ownership of the Grantee, but also
includes actual working control over the Grantee in whatever manner exercised.
(c) Grantee shall notify City in writing of any foreclosure or any other judicial sale of
all or a substantial part of the property and assets comprising the Cable System of
the Grantee or upon the termination of any lease or interest covering all or a
substantial part of said property and assets.
(d) For the purpose of determining whether it shall consent to such change, transfer
or acquisition of control, City may inquire into the qualifications of the
prospective transferee or controlling party. Grantee agrees to provide FCC Form
394 as part of any request for transfer or change of control under this Franchise.
If, after considering the legal, financial, character and technical qualities of the
transferee and determining that they are satisfactory, the City finds that such
transfer is acceptable, the Council shall permit such transfer and assignment of
the rights and obligations of this Franchise as may be in the public interest. The
consent of the Council to such transfer shall not be unreasonably denied.
(e) Any financial institution having a security interest in any and all of the property
and assets of Grantee as security for any loan made to Grantee or any of its
affiliates for the construction and/or operation of the Cable System must notify
the City that it or its designee satisfactory to the City shall take control of and
operate the Cable System, in the event of a default in the payment or performance
of the debts, liabilities or obligations of Grantee or its affiliates to such financial
institution. Further, said financial institution shall also submit a plan for such
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operation of the System within thirty (30) days of assuming such control that will
insure continued service and compliance with all Franchise requirements during
the term the financial institution or its designee exercises control over the System.
The financial institution or its designee shall not exercise control over the System
for a period exceeding one (1) year unless extended by the Council in its
discretion and during said period of time it shall have the right to petition the
Council to transfer the Franchise to another Grantee.
(f) In addition to the aforementioned requirements in this Section 9(1), the City and
Grantee shall, at all times, comply with the requirements of Minnesota Statutes
Section 238.083 regarding the sale or transfer of a franchise and with all other
Applicable Laws.
(2) City's Right to Purchase System.
a. Consistent with Section 627 of the Cable Act and all other Applicable Laws, at
the expiration, cancellation, revocation or termination of this Franchise, the City
shall have the option to purchase, condemn or otherwise acquire and hold the
Cable System.
(3)Abandonment or Removal of Franchise Property.
a.In the event that the use of any property of Grantee within the
Franchise Area or a portion thereof is discontinued for a continuous period
of twelve (12) months, Grantee shall be deemed to have abandoned that
property.
b.City, upon such terms as City may impose, may give Grantee written
permission to abandon, without removing, any System facility or equipment
laid, directly constructed, operated, or maintained in, on, under or over the
Franchise Area. Unless such permission is granted or unless otherwise
provided in this Franchise, the Grantee shall remove all abandoned facilities
and equipment upon receipt of written notice from City and shall restore any
affected Street to its former state at the time such facilities and equipment
were installed, so as not to impair its usefulness. In removing its plant,
structures and equipment, Grantee shall refill, at its own expense, any
excavation made by or on behalf of Grantee and shall leave all Streets and
other public ways and places in as good condition as that prevailing prior to
such removal without materially interfering with any electrical or telephone
cable or other utility wires, poles, or attachments. City shall have the right to
inspect and approve the condition of the Streets, public ways, public places,
cables, wires, attachments, and poles prior to and after removal. The liability,
indemnity and insurance provisions of this Franchise and any performance
bond provided for in this Franchise shall continue in full force and effect
during the period of removal and until full compliance by Grantee with the
terms and conditions of this section.
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c.Upon abandonment of any Franchise property in place, the Grantee, if
required by the City, shall submit to City a bill of sale and/or other an
instrument, satisfactory in form and content to the City, transferring to the
City the ownership of the Franchise property abandoned.
d.At the expiration of the term for which this Franchise is granted, or
upon its earlier revocation or termination, as provided for herein, in any such
case without renewal, extension or transfer, the City shall have the right to
require Grantee to remove, at Grantee's sole expense, all above-ground
portions of the Cable System from all Streets and public ways within the City
within a reasonable period of time, which shall not be less than one hundred
eighty (180) days.
e.Notwithstanding anything to the contrary set forth in this Franchise, the
Grantee may, with the consent ofthe City, abandon any underground
Franchise property in place so long as it does not materially interfere with
the use of the Street or public rights-of-way in which such property is
located or with the use thereof by any public utility or other cable operator.
(4)Extended Operation and Continuity of Services. Upon termination or forfeiture of
this Franchise, Grantee shall remove its cable, wires, and appliances from the Streets,
alleys, or other public places within the Service Area if the City so requests. Failure by
the Grantee to remove its cable, wires, and appliances as referenced herein shall be
subject to the requirements of Section 9(3) of this Franchise.
(5)Receivership and Foreclosure. The Franchise granted hereunder shall, at the
option of City, cease and terminate one hundred twenty (120) days after appointment
of a receiver or receivers, or trustee or trustees, to take over and conduct the business
of Grantee, whether in a receivership, reorganization, bankruptcy or other action or
proceeding, unless such receivership or trusteeship shall have been vacated prior to the
expiration of said one hundred twenty (120) days, or unless: (1) such receivers or
trustees shall have, within one hundred twenty (120) days after their election or
appointment, fully complied with all the terms and provisions of this Franchise granted
pursuant hereto, and the receivers or trustees within said one hundred twenty (120)
days shall have remedied all the defaults and violations under this Franchise or
provided a plan for the remedy of such defaults and violations which is satisfactory to
the City; and (2) such receivers or trustees shall, within said one hundred twenty (120)
days, execute an agreement duly approved by the court having jurisdiction in the
premises, whereby such receivers or trustees assume and agree to be bound by each
and every term, provision and limitation of this Franchise.
(6)Performance Bond. Within thirty (30) days of Grantee's execution of this
Franchise Grantee shall provide City with a $100,000 Performance Bond in a form and
with such sureties as are mutually acceptable to the Parties. The Performance Bond
shall be eliminated upon completion of the System extension obligations set forth in
Section 3 of this Franchise which the parties anticipate to be completed thirty-six (36)
months from the Effective Date of the Franchise. The Performance Bond shall ensure
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compliance with all infrastructure requirements of the Franchise. If additional
construction is undertaken in the City, Grantee shall comply with Applicable Law
regarding any bonding requirements.
(7)Procedure for Enforcing Franchise. In the event City believes that Grantee
has breached or violated any provision of this Franchise, City shall act in
accordance with Section 9(1) (c-f).
a.If the City chooses to terminate this Franchise, the following
additional procedure shall be followed:
i.The City shall provide Grantee with written notice of the City's
intention to terminate this Franchise and specify in detail the reason
or cause for the proposed termination. The City shall allow Grantee a
minimum of fifteen (15) days subsequent to receipt of the notice in
which to cure the default.
ii.Grantee shall be provided with an opportunity to be heard at a
regular or special meeting of City prior to any final decision of City
to terminate this Franchise.
iii.In the event that City determines to terminate this Franchise,
the Grantee shall have an opportunity to appeal said decision in
accordance with all Applicable Laws.
iv.If a valid appeal is filed, the Franchise shall remain in full
force and affect while said appeal is pending, unless the term of the
Franchise sooner expires.
(8)Reservation of Rights. City and Grantee reserve all rights that they may
possess under Applicable Laws unless expressly waived herein.
SECTION 10
MISCELLANEOUS PROVISIONS
(1)Franchise Renewal. Any renewal of this Franchise shall be in accordance with
applicable federal, state, and local laws and regulations. The term of any renewed Franchise
shall be limited to a period not to exceed fifteen (15) years.
(2)Amendment of Franchise. Grantee and City may agree, from time to time, to
amend this Franchise. Such written amendments may be made subsequent to a review
session pursuant to Section 7(2) or at any other time if City and Grantee agree that such an
amendment will be in the public interest or if such an amendment is required due to changes
in Applicable Laws. City shall act pursuant to local law pertaining to the ordinance
amendment process.
(3)Rights of Individuals.
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(a)Grantee shall not deny service, deny access, or otherwise
discriminate against Subscribers, Channel users,or general citizens on the basis
of race,color, religion,disability,national origin,age,gender or sexual
preference.Grantee shall comply at all times with all other Applicable La ws,
relating to nondiscrimination.
(b)Grantee shall adhere to the applicable equal employment
opportunity requirements of Applicable Laws, as now written or as amended from
time to time including 47 U.S.C. Section 551, Protection of Subscriber Privacy.
(c)No cable line, wire, amplifier, Converter, or other piece of
equipment owned by Grantee shall be installed by Grantee in the Subscriber's
premises, other than in appropriate easements, without first securing any required
consent. If a Subscriber requests service, permission to install upon Subscriber's
property shall be presumed. Where a property owner or his or her predecessor
was granted an easement including a public utility easement or a servitude to
another and the servitude by its terms contemplates a use such as Grantee's
intended use, Grantee shall not require the written permission of the owner for the
Installation of cable television equipment.
(d)No signals of a class IV cable communications channel may be
transmitted from a Subscriber terminal for purposes of monitoring individual
viewing patterns or practices without the express written permission of a
Subscriber. The request for permission must be contained in a separate
document with a prominent statement that the Subscriber is authorizing the
permission in full knowledge of its provisions. The written permission must be
for a limited period of time not to exceed one year which is renewable at the
option of the Subscriber. No penalty may be invoked for a Subscribers failure to
provide or renew the authorization. The authorization is revocable at any time
by the Subscriber without penalty of any kind. The permission must be required
for each type or classification or class IV cable communications activity planned.
(i)No information or data obtained by monitoring transmission
of a signal from a Subscriber terminal, including but not limited to the lists of
the names and addresses of the Subscribers or lists that identify the viewing
habits of Subscribers may be sold or otherwise made available to any Person
other than to Grantee and its employees for internal business use, or to the
Subscriber who is the subject of that information, unless the Grantee has
received specific written authorization from the Subscriber to make the data
available.
(ii)Written permission from the Subscriber must not be required
for the Systems conducting system-wide or individually addressed electronic
sweeps for the purpose of verifying system integrity or monitoring for the
purpose of billing. Confidentiality of this information is subject to paragraph
(i) above.
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(iii)For purposes of this Section 10(3), a “class IV cable
communications channel” means a signaling path provided by a System to
transmit signals of any type from a Subscriber terminal to another point in
the System.
(e)
(4)Subscriber Privacy. Grantee shall comply with the terms of 47 U.S.C. §551
relating to the protection of Subscriber privacy.
(5)Rights Reserved to City. In addition to any rights specifically reserved to the
City by this Franchise, the City reserves to itself every right and power which is required to
be reserved by a provision of this Franchise.
(6)Confidential Information. Notwithstanding anything herein to the contrary,
Grantee shall have the right to provide any confidential books and records that it is obligated
to make available to the City pursuant to this Franchise, by allowing the City, or its
designated representative(s), to view the books and records at a mutually agreeable location
and without City obtaining its own copies of such books and records. Alternatively,
Confidential, or proprietary information may be disclosed pursuant to a reasonable mutually
agreeable non-disclosure agreement. The intent of the parties is to work cooperatively to
insure that all books and records reasonably necessary for City's monitoring and enforcement
of Franchise obligations are provided to City.
(7)Severability.If any provision of this Franchise is held by any Governmental
Authority of competent jurisdiction,to be invalid as conflicting with any Applicable Laws
now or hereafter in effect,or is held by such Governmental Authority to be modified in
any way in order to conform to the requirements of any such Applicable Laws,such
provision shall be considered a separate, distinct, and independent part of this Franchise,
and such holding shall not affect the validity and enforceability of all other provisions
hereof.In the event that such Applicable Laws are subsequently repealed,rescinded,
amended or otherwise changed,so that the provision hereof which had been held invalid or
nullified is no longer in conflict with such laws, said provision shall thereupon return to full
force and effect and shall thereafter be binding on City and Grantee, provided that City shall
give Grantee thirty (30) days written notice of such change before requiring compliance with
said provision or such longer period of time as may be reasonably required for Grantee to
comply with such provision.
(8)Force Majeure. In the event Grantee's performance of any of the terms,
conditions, obligations or requirements of this Franchise is prevented or impaired due to any
cause beyond its reasonable control, such inability to perform shall be deemed to be excused
for the period of such inability and no penalties or sanctions shall be imposed as a result
thereof, provided Grantee has notified City in writing within a reasonable time of its discovery
of the occurrence of such an event. Such causes beyond Grantee's reasonable control shall
include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes,
untimely delivery of equipment, inability of Grantee to obtain access to an individual's
property and inability of Grantee to secure all necessary permits to utilize utility poles and
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conduit so long as Grantee utilizes due diligence to timely obtain said permits.
SECTION 11
PUBLICATION, EFFECTIVE DATE AND ACCEPTANCE
(1)Publication; Effective Date. This Franchise shall be published in accordance with
applicable Minnesota law. The “Effective Date” of this Franchise shall be the date of
acceptance by Grantee in accordance with the provisions of Section 11.2.
(2)Acceptance. Grantee shall accept this Franchise within thirty (30) of its enactment by
the City Council, unless the time for acceptance is extended by City. In the event acceptance
does not take place, this Franchise and any and all rights previously granted to Grantee shall
be null and void.
a. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and
conditions contained herein.
b. Grantee shall accept this Franchise in the following manner:
i. This Franchise will be properly executed and acknowledged by Grantee and
delivered to Franchising Authority.
ii. With its acceptance, Grantee shall also deliver any insurance certificates
required herein that have not previously been delivered.
ADOPTED by the City Council of Orono, Minnesota this 9 day of December, 2024 on a vote of
__ ayes and __ nays.
ATTEST: CITY OF ORONO
___________________________________________________________
Adam Edwards, City Administrator Dennis Walsh, Mayor
Posted 11/26/2024
Published 12/14/2024 (summary) The Laker Pioneer
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ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.
MIDCONTINENT COMMUNICATIONS
By: Midcontinent Communications Investor, LLC
Its Managing Partner
By:Patrick J. McCann
Its:VP of Legal and General Counsel
Date: _____________________, 2024
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EXHIBIT A
SYSTEM EXTENSION AREA
Midcontinent Communications will extend its system in Orono on the following schedule, subject to
availability of right-of-way access on commercially reasonable terms. Phases shall be depicted on the
attached maps.
Phase 1: 2024-2025
Phase 2: 2025-2026
Phase 3: 2026-2027
Build-Out Phase 1
(Map to be inserted)
Build-Out Phase 2
(Map to be inserted)
Build-Out Phase 3
(Map to be inserted)
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EXHIBIT B
OWNERSHIP
Midcontinent Communication is a South Dakota general partnership with the following ownership:
Midcontinent Communications Investor, LLC: 50%
Comcast Midcontinent, LLC: 50%
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EXHIBIT C
DESCRIPTION OF SYSTEM
1.The Cable System shall be designed, constructed, routinely inspected, and maintained
to guarantee that the Cable System meets or exceeds the requirements of the most current
editions of the National Electrical Code (NFRA 70) and the National Electrical Safety Code
(ANSI C2). In all matters requiring interpretation of either of these codes, the City's
interpretation shall control over all other sources and interpretations.
2.General Requirements. Grantee shall use equipment used in high-quality,
reliable, modern Cable Systems of similar design.
3.General Description. The Cable System shall provide Subscribers with a technically
advanced and reliable Cable System. The System shall have at least 750 MHz of bandwidth
capacity, capable of delivering approximately 80 digital channels of programming. The
System will be two-way active, and it will be designed to have capability to transmit return
signals upstream in the 5-40 MHz spectrum. The design will provide the benefits of proven
80-channel electronics while positioning the System for expansion of bandwidth and channel
capacity as technology and future services develop.
4.Design. The design ofthe System shall be based upon a"Fiber to the Node"
architecture that will deliver the signals by fiber optics directly to each neighborhood.
Grantee's initial design includes a minimum of six (6)fibers to each Node site having a
neighborhood group average of approximately three hundred (300) homes. If Grantee splits
Nodes into smaller sizes,fewer fibers will extend to such smaller Nodes.There shall be no
more than seven (7)active amplifiers in a cascade from each Node to the residential
dwelling.The incorporation of stand- by power supplies,strategically placed throughout
the system including all hubs,will further reduce the likelihood of Service Interruptions.
5.Technical Standards. The System shall meet or exceed FCC requirements.
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EXHIBIT D
CUSTOMER PROTECTION AND CUSTOMER SERVICE STANDARDS
(1)Cable System office hours andtelephone availability.
(a)Grantee will maintain a local, toll-free or collect call telephone access
line which will be available to its Subscribers twenty-four (24) hours a day, seven (7)
days a week.
(i)Trained Grantee representatives will be available to respond
to customer telephone inquiries during Normal Business Hours.
(ii)After Normal Business Hours, the access line may be answered
by a service or an automated response system, including an answering machine.
Inquiries received after Normal Business Hours must be responded to by a
trained Grantee representative on the next business day.
(b)Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30) seconds
when the connection is made. If the call needs to be transferred, transfer time shall not
exceed thirty (30) seconds. These standards shall be met no less than ninety percent
(90%) of the time under Normal Operating Conditions, measured on a quarterly basis.
(c)Grantee shall not be required to acquire equipment or perform surveys
to measure compliance with the telephone answering standards above unless an
historical record of complaints indicates a clear failure to comply.
(d)Under Normal Operating Conditions, the customer will receive a
busy signal less than three percent (3%) of the time.
(2)Installations, Outages and Service Calls. Under Normal Operating
Conditions, each of the following standards will be met no less than ninety-five percent
(95%) of the time measured on a quarterly basis:
(a)Standard Installations will be performed within seven (7) business
days after an order has been placed.
(b)Excluding conditions beyond the control of Grantee, Grantee will begin
working on "Service Interruptions" promptly and in no event later than twenty-four
(24) hours after the interruption becomes known. Grantee must begin actions to
correct other Service problems the next business day after notification of the Service
problem.
(c)The "appointment window" alternatives for Installations, Service calls,
and other Installation activities will be either a specific time or, at maximum, a four (4)
hour time block during Normal Business Hours. (Grantee may schedule Service calls
and other Installation activities outside of Normal Business Hours for the express
convenience of the customer.)
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(d)Grantee may not cancel an appointment with a customer after the close
of business on the business day prior to the scheduled appointment.
(e)If Grantee's representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer will
be contacted. The appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
(3)Communications between Grantee and Subscribers.
(a)Refunds. Refund checks will be issued promptly, but no later than either:
(i)The customer's next billing cycle following resolution of
the request or thirty (30) days, whichever is earlier, or
(ii)The return ofthe equipment supplied by Grantee if Cable
Service is terminated.
(b)Credits. Credits for Cable Service will be issued no later than the
customer's next billing cycle following the determination that a credit is
warranted.
(4)Billing.
(a)Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise, and
understandable. Bills must be fully itemized, with itemizations including, but not
limited to, Basic Cable Service and premium Cable Service charges and equipment
charges. Bills will also clearly delineate all activity during the billing period, including
optional charges, rebates and credits.
(b)In case of a billing dispute, Grantee must respond to a written
complaint from a Subscriber within thirty (30) days.
(5)Subscriber Information. Grantee will provide written information on each of
the following areas at the time of Installation of Service, at least annually to all Subscribers,
and at any time upon request:
(a)Products and Services offered;
(b)Prices and options for programming services and conditions
of subscription to programming and other services;
(c)Installation and Service maintenance policies;
(d)Instructions on how to use the Cable Service;
(e)Channel positions of programming carried on the System; and
(f)Billing and complaint procedures, including the address and
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telephone number of the Grantee's customer service department.
Subscribers shall be advised of the procedures for resolution of complaints about the quality
of the television signal delivered by Grantee, including the address of the responsible officer
of the Grantee. Subscribers will be notified of any changes in rates, programming services or
Channel positions as soon as possible in writing. Notice must be given to Subscribers a
minimum of thirty (30) days in advance of such changes if the change is within the control of
Grantee. In addition, Grantee shall notify Subscribers thirty (30) days in advance of any
significant changes in the information required by this Section (5).
(6)Notice or Rate Programming Change. In addition to the requirement of this
subparagraph (f) regarding advance notification to Subscribers of any changes in rates,
programming services or Channel positions, Grantee shall give thirty (30) days written notice,
if the change is within the control of the Grantee, to both Subscribers and the City before
implementing any rate or Service change. Such notice shall state the precise amount of any
rate change and briefly explain in readily understandable fashion the cause of the rate change
(e.g., inflation, change in external costs or the addition/deletion of Channels). When the
change involves the addition or deletion of Channels, each Channel added or deleted must be
separately identified. For purposes of the carriage of digital broadcast signals, Grantee need
only identify for Subscribers, the television signal added and not whether that signal may be
multiplexed during certain dayparts.
(7)Subscriber Contracts. Grantee shall, upon written request, provide the City with
any standard form residential Subscriber contract utilized by Grantee. If no such written
contract exists, Grantee shall file with the City a document completely and concisely stating
the length and terms of the Subscriber contract offered to customers. The length and terms of
any standard form Subscriber contract(s) shall be available for public inspection during
Normal Business Hours. A list of Grantee's current Subscriber rates and charges for Cable
Service shall be maintained on file with City and shall be available for public inspection.
(8)Refund Policy. If a Subscriber's Cable Service is interrupted or discontinued,
for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber,
credit such Subscriber pro rata for such interruption. For this purpose, every month will be
assumed to have thirty (30) days.
(9)Late Fees. Grantee shall comply with all applicable state and federal laws with
respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee
imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce
Grantee's compliance with all Applicable Laws to the maximum extent legally permissible.
(10)Customer Bills. Customer bills shall be designed in such a way as to present
the information contained therein clearly and comprehensiblyto Customers, and in a way that
(A) is not misleading and (B) does not omit material information. Notwithstanding anything
to the contrary in Section (4), above, Grantee may, in its sole discretion, consolidate costs on
Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C.
§542(c)).
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(11)Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty
(30) days in a manner deemed reasonable by the City under the terms of the Franchise.
(12)Maintain a Complaint Phone Line. Grantee shall maintain a local or toll-free
telephone Subscriber complaint line, available to its Subscribers twenty-four (24) hours per
day, seven (7) days a week.
(13)Notification of Complaint Procedure. Grantee shall have printed clearly and
prominently on each Subscriber bill and in the customer service agreement provided for in
Section (5), the twenty-four (24) hour Grantee phone number for Subscriber complaints.
Additionally, Grantee shall provide information to customers concerning the procedures to
follow when they are unsatisfied with measures taken by Grantee to remedy their complaint.
This information will include the contact information for Grantee's corporate customer service
department as provided in Grantee's Privacy Policy.
(14)Subscriber Privacy.
(a)To the extent required by Minn. Stat. §238.084 Subd. l(s) Grantee shall
comply with the following: No signals including signals of a Class IV Channel may
be transmitted from a Subscriber terminal for purposes of monitoring individual
viewing patterns or practices without the express written permission of the
Subscriber. The request for permission must be contained in a separate document with
a prominent statement that the Subscriber is authorizing the permission in full
knowledge of its provisions. Such written permission shall be for a limited period of
time not to exceed one (1) year which may be renewed at the option of the Subscriber.
No penalty shall be invoked for a Subscriber's failure to provide or renew such
permission. The permission shall be revocable at any time by the Subscriber without
penalty of any kind whatsoever.
(b)No information or data obtained by monitoring transmission of a signal
from a Subscriber terminal, including but not limited to lists of the names and
addresses of Subscribers or any lists that identify the viewing habits of Subscribers
shall be sold or otherwise made available to any party other than to Grantee or its
agents for Grantee's business use, and also to the Subscriber subject of that
information, unless Grantee has received specific written permission from the
Subscriber to make such data available. The request for permission must be contained
in a separate document with a prominent statement that the Subscriber is authorizing
the permission in full knowledge of its provisions. Such written permission shall be
for a limited period of time not to exceed one (1) year which may be renewed at the
option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to
provide or renew such permission. The permission shall be revocable at any time by
the Subscriber without penalty of any kind whatsoever.
(c)Written permission from the Subscriber shall not be required for the
conducting of system wide or individually addressed electronic sweeps for the purpose
of verifying System integrity or monitoring for the purpose of billing. Confidentiality
of such information shall be subject to the provision set forth in subparagraph (b) of
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this section.
(15)Grantee Identification. Grantee shall provide all customer service technicians
and all other Grantee employees, subcontractors and agents entering private property with
appropriate picture identification so that Grantee employees may be easily identified by the
property owners and Subscribers.
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EXHIBIT E
PEG ACCESS FACILITIES AND EQUIPMENT
(1)Public, Educational, and Government (PEG) Access Channels.
(a) Grantee shall provide to each of its Subscribers who receive some or all of the
Services offered on the Cable System, reception on at least one (1) specially
designated noncommercial public access Channel available for use by the
general public on a first- come, first-served, nondiscriminatory basis; at least
one (1) specially designated access Channel for use by local educational
authorities; at least one (1) specially designated access Channel available for
government use (hereinafter collectively referred to as the "PEG Channels");
and at least one (1) specially designated access Channel available for lease on
a first-come, first-served, nondiscriminatory basis by commercial and
noncommercial users. The VHF spectrum must be used for at least one (1) of
the PEG Channels required in this paragraph. No charges may be made for
Channel time or playback of prerecorded programming on the specially
designated access Channels. Personnel, equipment and production costs may
be assessed, however, for live studio presentations exceeding five (5) minutes
in length. Charges for those production costs and fees for use of other public
access Channels must be consistent with the goal of affording the public a low-
cost means of television access.
(b) Whenever the PEG Channels are in use during eighty percent (80%) of the
weekdays, Monday to Friday, for eighty percent (80%) of the time for any
consecutive three (3) hour period for six (6) weeks running, and there is
demand for use of an additional Channel for the same purpose, the Grantee
shall then have six (6) months in which to provide a new PEG Channel for the
same purpose, provided that provision of the additional Channel or Channels
must not require the Cable System to install Conve1iers.
(c) The PEG Channels shall be dedicated for PEG use for the term of the
Franchise, provided that Grantee may, utilize any portions of the PEG
Channels not scheduled for PEG use. City shall establish rules and procedures
for such scheduling in accordance with Section 611 of the Cable Act (47
U.S.C. § 531).
(d) Grantee shall also designate Channel 6 for uniform regional channel usage
currently provided by "Metro Channel 6" as required by Minnesota Statutes
Section 238.43. Programming on this regional channel shall include a broad
range of informational, educational, and public service programs and materials
to cable television Subscribers throughout the Twin Cities metropolitan area.
(e) Grantee shall provide the Access Channels on the Basic Cable Service tier.
Upon written request by the City, Grantee shall provide one (1) PEG Channel
which may be programmed by the City in high definition (HD). City shall
offer a broad array of programming designed to provide a composite of the
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programming available of the PEG Channels. City understands and agrees that
if it exercises this option, Grantee may reduce the number of PEG Channels on
the Basic Tier to two (2) channels in addition to the Regional Channel six (6)
if applicable.
(2)PEG Technical Quality. Grantee shall meet FCC signal quality standards when
offering Access Channels on its Cable System.
(3)Relocation of Grantee’s Headend. In the event Grantee relocates its Headend,
Grantee will be responsible for replacing or restoring the existing dedicated fiber
connections at Grantee's cost so that all the functions and capacity remain
available, operate reliably and satisfy all applicable technical standards and related
obligations of the Franchise free of charge to the City or its designated entities.
(4)PEG Operations. City may in its sole discretion, negotiate agreements with
neighboring jurisdictions served by the same Cable System, educational
institutions or others to share the operating expenses of the PEG Channels. City
and Grantee may negotiate an agreement for management of PEG Access
Facilities, if so desired by both parties.
(5)Title to PEG Equipment. City shall retain title to all PEG equipment and facilities
purchased or otherwise acquired.
(6)PEG Access Operating Support.
(a) Upon Grantee's acceptance of this Franchise, Grantee shall collect on behalf of
City a per Subscriber fee of One Dollar and Twenty Cents ($1.20) per month
solely to fund public, educational and governmental access expenditures
(hereinafter "PEG Fee") which shall be payable quarterly and included in the
Fee worksheet Exhibit G. The City Council may reduce the PEG Fee at any
time. The City shall have the right, no more than every two (2) years during
the term of the Franchise, to increase the PEG Fee by providing Grantee ninety
(90) days advance written notice. No single increase in the PEG Fee shall
exceed fifteen cents ($.15) per subscriber.
(b) The PEG Fee shall be used by City in its sole discretion to fund PEG Access
expenditures in a manner consistent with Applicable Law.
(c) The PEG Fee is not intended to represent part of the Franchise Fee and is
intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542.
The PEG Fee may be categorized, itemized, and passed through to Subscribers
as permissible, in accordance with 47 U.S.C. §542 or other Applicable Laws.
Grantee shall pay the PEG Fee to the City quarterly at the same time as the
payment of Franchise Fees under Section 7(1) of the Franchise. Grantee agrees
that it will not offset or reduce its payment of past, present or future Franchise
Fees required as a result of its obligation to remit the PEG Fee.
(d) Any PEG Fees owing pursuant to this Franchise which remain unpaid more
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than thirty (30) days after the end of a given quarter shall be delinquent and
shall immediately thereafter accrue interest at the same rate and under the
same terms as late Franchise Fee payments as set forth in Section 7(1) of the
Franchise. Enforcement of unpaid PEG Fees shall be handled in accordance
with Section 9(7) of the Franchise, however, Grantee shall in all cases be
subject to interest on any payment more than thirty (30) days after the end of a
given quarter.
(e) Within thirty (30) days after receipt of notice from the City, Grantee shall pay
City up to Seventy-Five Thousand and no/100ths Dollars ($75,000.00) as a
capital equipment grant ("Grant"). Said Grant may be payable in multiple
draws over the course of the term as long as each draw is preceded by thirty
(30) days written notice from the City and the aggregate amount of the Grant
does not exceed Seventy-Five Thousand Dollars and no/l00ths ($75,000.00).
Grantee shall recoup said Grant by retaining the PEG Fee until such time as
the capital grant above is recouped. Upon such recoupment, Grantee shall
notify the City and Grantee shall thereafter pay the entire PEG Fee payment to
the City.
(7)Service to Public Buildings.
(a) Throughout the term of this Franchise Grantee shall provide, free of charge,
one (1) service Drop, one outlet, one (1) Converter, if necessary and requested,
and Basic Cable Service and the next highest penetrated level of Cable Service
generally available to all Subscribers (as of the Effective Date referred to as
Expanded Basic Cable Service) ("Complimentary Service"), to two sites which
shall be listed on Exhibit F attached hereto and updated from time to time. City
shall be responsible for the cost of internet services in the event they are
required to receive Grantee’s services via Internet Protocol Television (IPTV).
(b) The City or the building occupant shall have the right to extend Cable Service
throughout the building to additional outlets without any fees imposed by
Grantee for the provision of such service to such additional outlets except for
the cost of additional terminal equipment required to receive the signals.
(c) Notwithstanding anything to the contrary set forth in this section, Grantee shall
not be required to provide Complimentary Service to such buildings unless it
is technically feasible.
(d) Grantee shall, in any public building hereinafter built, provide all Drop
materials, design specifications and technical advice to provide service to a
demark point at such building. If the Drop line to such building exceeds five
hundred (500) feet the City or other agency shall pay the Actual Cost of such
Drop in excess of five hundred (500) feet.
(e)Two-way capability allowing for live transmission of PEG programming
upstream to Grantee’s Headend shall be provided to the public buildings listed
in Exhibit G at Grantee’s expense.
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EXHIBIT F
SERVICE TO PUBLIC FACILITIES
1. City Hall 2750 Kelley Parkway
2. Police 2730 Kelley Parkway
3. Public Works 365 Old Crystal Bay Road N
4. Golf Course 265 Orono Orchard South
5. Public Safety Building 2700 Kelley Parkway
6. Fire Station, Willow Drive 340 Willow Drive N
7. Fire Station, Navarre 3770 Shoreline Drive
8. Navarre Water Plant 2345 Blaine Avenue
9. North Water Plant 2250 Pine Ridge Lane
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EXHIBIT G
PUBLICBUILDINGS TOBEPROVIDED WITHTWO-WAY CAPABILITY
1.CITY BUILDINGS:
City Hall 2750 Kelley Parkway
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EXHIBIT H
FRANCHISE FEE and PEG FEE PAYMENT WORKSHEET
TRADE SECRET-CONFIDENTIAL
Month/Year Month/Year Month/Year Total
Cable Service Revenue
Installation Charge
Advertising Revenue
Home Shopping Revenue
Other Revenue
Equipment rental
REVENUE
Fee Calculated
Fee Factor:5%
PEGFee:
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
1
SUMMARY PUBLICATION
ORDINANCE NO. 309
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE ADOPTING FRANCHISE AGREEMENT FOR NEW CABLE SERVICES
The City Council of the city of Orono, Minnesota approved an agreement with Midcontinent
Communications (Midco) on December 9, 2024 that gives the private company rights to use
public property in order to provide its services to residents, giving residents a second option for
television, internet, and phone services. The complete text of this ordinance is available at city hall
or www.oronomn.gov.
CITY OF ORONO
/s/Dennis Walsh, Mayor
Attest:
/s/Christine Lusian, City Clerk
138
Date: December 9, 2024 Item: 8
Presenter: James Van Eyll, Fire Chief
Section: Consent Agenda
Title: Hire Firefighter
1.Purpose:
This action aims to gain approval to hire a part-time firefighters.
2.Background:
The Orono Fire Department is currently seeking part-time and paid-on-call firefighters.
3.Recruitment:
The selection process for the position involved advertising the position, application screening, an
interview and background check. The interview was conducted by the Fire Chief and other fire
officers. The applicant also successfully completed the necessary psychological and Physical (Pre-
employment medical) exams.
4.Recommended Candidate:
Paul Wilson is just starting his career as a firefighter. He is enrolled in the firefighter academy. He
is excited to become a charter member of the Orono Fire Department and he looks forward to
creating the best department.
5.Recommended Compensation:
I recommend Paul Wilson for a conditional job offer as a part-time firefighter with an effective
start date of December 10, 2024.
Pay. Starting rate of $20.00/hour.
Benefits: Per the City Personal Policy, including enrollment in Police and Fire PERA
AGENDA ITEM
COUNCIL ACTION REQUESTED
Motion to approve the conditional job offer to Paul Wilson as a part-time firefighter at $20.00 per hour
with a start date of December 10, 2024.
139
Date: December 9, 2024 Item: 9
Presenter: Maggie Jin, Finance Director
Section: Consent Agenda
Title: Adopt 2025 General Fund Budget and Tax Levy - Resolutions 7536, 7537
1.Purpose:
The purpose of this agenda item is to adopt the 2025 General Fund Budget and Tax Levy.
2.Background:
Staff has been working on the 2025 General Fund budget since May. As part of the budget
process, there have been meetings with the Budget Committee and updates to the whole council at
work sessions. The preliminary budget and tax levy was approved by the Council on September
23rd.
Prior to the adoption of the 2025 budget and tax levy, the City is required to hold a public hearing
to allow public input. By law, this hearing must occur between November 25th and December
28th. The public hearing was held on November 25, 2024 at 6 pm.
A. Tax Levy. The total tax levy required to fund the 2025 draft budget is $9,631,000. This is an
increase of $215,900 or 2.29% over the 2024 levy of $9,415,100. The increase of $300,900 in the
General Fund represents the largest increase in the levy. The increase is primarily for the need to
cover a budgeted 3% increase in union employee wages and a market adjustment with 3% cost-of-
living increase for non-union employee wages.
Other levy increases include $25,000 increase for the Fire Facilities Fund. The 2014A bond levy
was reduced one-time in 2024 and will return to the original amount of $300,000, an increase of
$240,000. The Parks levy is stable to continue the Council’s commitment to adequately fund park
infrastructure and better maintain current facilities. Similarly, with Pavement Management levy,
the levy remains stable to adequately fund street projects. The levy for Facilities Fund is being
reduced by $150,000, with additional amounts to the fund coming from the Enterprise funds for
future facility needs. The levy for Community Investment Fund is zeroed as the fund has adequate
funding for future needs until further consideration.
B. Tax Capacity Rate and the Impact of the Tax Levy on Property Owners. The County
Assessor provides an annual calculation of the City’s tax capacity based on the annual property
revaluation. As of August, the City’s taxable market value is $5,014,564,174 with an adjusted net
tax capacity of $58,907,542. When compared to last year, taxable market value has increased by
2.1% and the adjusted net tax capacity increased by 2.3%. For 2025, it is anticipated that the tax
rate can remain the same as 2024 at 16.35%; one of the lowest rates in both Hennepin County, and
the State of Minnesota.
Using this tax rate and assuming no change in a property’s value, the City’s share of the property
tax bill would remain the same compared to 2024. The actual tax impact on any particular property
will depend on how the property’s taxable value changed in relation to the rest of the City. The
AGENDA ITEM
140
table supplement suggest a median City increase in market value of 2.6%. For an average home in
Orono, worth 1,056,900 in 2024, with the average increase in market value, can expect an increase
of $56.28 (2.88%) in their City portion of their property tax bill.
C. General Fund Revenues. The 2025 General Fund Revenue Budget totals $11,935,000, an
increase of $398,370 (3.45%). Property taxes makes up approximately 58% of the budget, with an
increase of $344,400 (5.2%). The remainder of the General Fund revenue is made of non-tax
sources with the next largest revenue source coming from public safety charge at 24%. Public
safety charge comes from service contracts with neighboring cities for police protection. By
working cooperatively with these neighboring cities, the police department is able to provide
enhanced service at a lower cost by eliminating overhead and duplication of service. The
remaining 18% of revenue is made of: license, permits, intergovernmental revenue, general
government service charges, fine and forfeit, interest, and miscellaneous charges.
D. General Fund Expenditures. The 2025 expenditure budget is $11,935,000 which is an
increase of $398,370 (3.45%) over the 2024 budget.
By category, the largest increase is in Personal Services (Wages and Benefits) in the amount of
$602,650 (7.99%). Offsetting the large increase is Professional Services, which is decreasing by
$193,510 (-9.72%). Assessing service is no longer to be charged to cities under a population of
30,000 and will be included in Hennepin County's portion of property taxes. Long Lake Fire
service cost is also decreased due to no longer serving the Navarre service area, which they had
serviced for half of 2024.
By Department, the significant changes are: Administration is increasing by $73,550 (14.7%)
offset by a decrease in Election of $61,050 (-62.17%). Expenditure is moved around due to 2025
being a non-election year to account for more staff time to scan documents in regards to data
retention. Communications is increasing by $110,100 (282.31%) due to the addition of a
communication personnel. Assessing is decreasing by $270,000 (100%) as Hennepin County will
no longer be charging cities with population under 30,000 for assessing service, but will include
the cost in their portion of property taxes. Central Services is increasing by $90,850 (21.16%)
offset by Parks decreasing by $88,700 (-20.54%) due to reallocation of staff time with the Parks
and Facilities Superintendent position restructured to provide oversight to facilities. Police is
increasing by $341,690 (5.97%) due to personnel cost and the additional allocation to IT service
cost due to added IT personnel. Fire overall is increasing by $160,550 (11.17%). Orono Fire
Department’s first full year of operational service to the Navarre service area offsets from Long
Lake Fire service and transitional cost of the North service area. Orono Fire Department’s model
of fire service is a mixture of on-call and duty shift model, therefore the significant difference in
personnel expenses from the previous model serviced by Long Lake Fire Department.
E. Summary. The adoption of the 2025 Property Tax Levy, General Fund budget, Capital
Improvement Plan, Fee Schedule and other budgets are part of tonight's council meeting.
See the 2025 budget book for more information.
3.Staff Recommendation:
Staff recommends approval of Resolution 7536 Adopting the 2024 Collectible in 2025 Property
Tax Levy and Resolution 7537 Adopting the 2025 General Fund Budget.
COUNCIL ACTION REQUESTED
1) Motion to approve Resolution 7536 Adopting the 2024 Collectible in 2025 Property Tax Levy.
141
2) Motion to approve Resolution 7537 Adopting the 2025 General Fund Budget.
Exhibits
Exhibit A. Resolution 7536 - Adopt 2025 Tax Levy
Exhibit B. Resolution 7537 - Adopt 2025 General Fund Budget
Exhibit C. 2025 Budget Book
142
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7536
A RESOLUTION ADOPTING THE
2024 COLLECTIBLE IN 2025 PROPERTY TAX LEVY
BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin,
Minnesota, that the following sums be levied for the current year, collectible in 2025 upon the
taxable property in the City of Orono, for the following purposes:
General Fund - Operating $6,846,000
Facilities Fund 225,000
Fire Capital Fund 300,000
Pavement Management Fund 1,000,000
Parks 200,000
G.O. Improvement Bond 2014 300,000
G.O. Improvement Bond 2021 760,000
TOTAL ALL LEVIES $9,631,000
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the
County Auditor of Hennepin County, Minnesota.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
December 9, 2024.
ATTEST:
______________________________ ______________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
143
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7537
A RESOLUTION TO ADOPT THE
2025 GENERAL FUND BUDGET
BE IT RESOLVED, by the City Council of the City of Orono, County of
Hennepin, Minnesota that the 2025 General Fund budget is determined to be as follows:
ESTIMATED REVENUES
Taxes - General $ 6,913,000
Licenses and Permits 653,000
Intergovernmental 310,150
Charges for Services 3,856,800
Fines and Forfeits 65,000
Interest Income 100,650
Miscellaneous 36,400
TOTAL $11,935,000
APPROPRIATED EXPENDITURES
General Government $1,809,550
Public Safety 8,346,450
Street Maintenance 796,850
Parks and Recreation 343,050
Engineering - Unallocated 26,000
Reimbursable Expenditures 199,150
Special Projects and Contingency 15,000
Capital Outlay 221,500
Transfers to Other Funds 177,450
TOTAL $11,935,000
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held December 9, 2024.
ATTEST:
____________________________________ ____________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
144
CITY OF
ORONO
MINNESOTA
2025 ANNUAL BUDGET
2750 Kelley Parkway
Orono, MN 55356
952-249-4600
www.oronomn.gov
145
146
City of Orono
2025 Annual Budget
Table of Contents
Section 1: Introduction
Introduction & Summary ........................ 1
City Officials............................................. 5
Organization Chart .................................. 6
Budget Process ........................................ 7
Budget Timeline ...................................... 8
Fund and Department Descriptions ........ 9
Resolutions .............................................. 14
Tax Levy Detail ........................................ 19
Tax Rate ................................................... 20
Effect on Residential Homes ................... 21
Comparison to Other Cities ..................... 22
Summary of All Funds ............................. 23
Debt Service ............................................ 25
Outstanding Debt .................................... 26
Section 2: General Fund Budget
Revenue
Revenue Summary............................ 27
Revenue Detail ................................. 28
Expenditure
By Category....................................... 31
By Department ................................. 32
Department Summaries ................... 34
Line-Item Detail
Mayor & Council ............................... 54
Administration .................................. 55
Elections ........................................... 56
Communications ............................... 57
Finance ............................................. 58
Assessing .......................................... 59
Law/Legal Services ............................ 60
Human Services ................................ 61
Central Services ................................ 62
Police ................................................ 64
Fire Protection Services .................... 66
Building & Zoning ............................. 68
Public Works ..................................... 69
Public Works – Spring Park ............... 71
Brush Site .......................................... 72
Engineering ...................................... 73
Parks and Recreation ....................... 74
Golf Course ....................................... 76
Special Services ................................ 78
Special Projects & Contingency ........ 79
Section 3: Special Revenue Funds Budget
Revenue Budget ...................................... 80
Expenditure
Park Fund ......................................... 81
Drug/Felony Forfeiture Fund ........... 82
Lurton Park Fund .............................. 83
Senior Housing TIF ............................ 84
Carman Bay LID Fund ....................... 85
Section 4: Enterprise Funds Budget
Enterprise Fund Budget Overview .......... 86
Revenue .................................................. 87
Expenditure
Fund Summaries ............................... 89
Line-Item Detail
Water ............................................... 95
Sewer ................................................ 97
Recycling .......................................... 99
Golf Course ....................................... 100
Cable ................................................. 102
Stormwater ...................................... 103
Section 5: Enterprise Funds Budget
Internal Service Fund Budget Overview 105
Revenue .................................................. 106
Expenditure
Fund Summaries ............................... 107
Line-Item Detail
Fleet .................................................. 110
Insurance .......................................... 111
Information Technology (IT) ............ 112
Section 6: Personnel Budget
Personnel Budget ................................... 113
147
148
City of Orono
Introduction and Summary
THE BUDGET PROCESS
The city began the budget process at the end of
May with the various city departments
completing their budget request forms.
Departments then met with the City
Administrator and the Finance Director to
review their budget requests. Upon completion
of the reviews, the draft preliminary General
Fund budget was discussed by the Budget
Committee and the full council was updated
during work sessions in July and September.
The Preliminary General Fund Budget and Tax
Levy was adopted by the City Council at the
September 23rd, 2024 City Council meeting.
Prior to the final adoption of the 2025 budget
and tax levy, the City is required to hold a public
hearing to allow public input on the budget
and tax levy. By law, this hearing must occur
between November 24th and December 28th.
The public hearing was set for November 25,
2024 at 6:00 pm at Orono Council Chambers.
The final budget and tax levy was adopted at
the December 9th City Council meeting.
In addition to the work on the actual budget,
staff worked on updating the Capital
Improvement Plan (CIP). The CIP identifies the
long-term infrastructure needs and is a valuable
tool in the budgeting process. The CIP was
approved as part of the December 9th meeting.
In conjunction with the budget process, staff
reviewed the fee schedule. The 2025 fee
schedule was adopted at the December 9th
meeting.
TAX LEVY
The tax levy is used to fund the general
operations of the City (General Fund), to pay
the debt service on the City’s outstanding
bonds, and to fund the Pavement Management
(PMP), Building, Facilities, Fire Capital and Park
Funds.
The total tax levy required to fund the 2025
draft budget is $9,631,000. This is an increase
of $215,900 or 2.29% over the 2024 levy of
$9,415,100. The increase of $300,900 in the
General Fund represents the largest increase in
the levy. The increase is primarily for the need
to cover a budgeted 3% increase in union
employee wages and a market adjustment with
3% cost-of-living increase for non-union
employee wages.
Other levy increases include $25,000 increase
for the Fire Facilities Fund. The 2014A bond levy
was reduced one-time in 2024 and will return to
the original amount of $300,000, an increase of
$240,000. The Parks levy is stable to continue
the Council’s commitment to adequately fund
park infrastructure and better maintain current
facilities. Similarly, with Pavement Management
levy, the levy remains stable to adequately fund
street projects. The levy for Facilities Fund is
being reduced by $150,000, with additional
amounts to the fund coming from the
Enterprise funds for future facility needs. The
levy for Community Investment Fund is zeroed
as the fund has adequate funding for future
needs until further consideration.
TAX CAPACITY RATE AND THE IMPACT OF THE
TAX LEVY ON PROPERTY OWNERS
The County Assessor provides an annual
calculation of the City’s tax capacity based on
the annual property revaluation. As of August,
the City’s taxable market value is
$5,014,564,174 with an adjusted net tax
capacity of $58,907,542. When compared to
last year, taxable market value has increased by
2.1% and the adjusted net tax capacity
Page 1 of 113 149
increased by 2.3%. For 2025, it is anticipated
that the tax rate can remain the same as 2024
at 16.35%; one of the lowest rates in both
Hennepin County, and the State of Minnesota.
Using this tax rate and assuming no change in a
property’s value, the City’s share of the
property tax bill would remain the same
compared to 2024. The actual tax impact on any
particular property will depend on how the
property’s taxable value changed in relation to
the rest of the City. The table supplement
suggest a median City increase in market value
of 2.6%. For an average home in Orono, worth
1,056,900 in 2024, with the average increase in
market value, can expect an increase of $56.28
(2.88%) in their City portion of their property
tax bill.
GENERAL FUND
General Fund Revenues. The 2025 General
Fund Revenue Budget totals $11,935,000, an
increase of $398,370 (3.45%). Property taxes
makes up approximately 58% of the budget,
with an increase of $344,400 (5.2%). The
remainder of the General Fund revenue is made
of non-tax sources with the next largest
revenue source coming from public safety
charge at 24%. Public safety charge comes from
service contracts with neighboring cities for
police protection. By working cooperatively
with these neighboring cities, the police
department is able to provide enhanced service
at a lower cost by eliminating overhead and
duplication of service. The remaining 18% of
revenue is made of: license, permits,
intergovernmental revenue, general
government service charges, fine and forfeit,
interest, and miscellaneous charges.
Detailed revenue information is included with
this document.
General Fund Expenditures. The 2025
expenditure budget is $11,935,000 which is an
increase of $398,370 (3.45%) over the 2024
budget.
By category, the largest increase is in Personal
Services (Wages and Benefits) in the amount of
$602,650 (7.99%). Offsetting the large increase
is Professional Services, which is decreasing by
$193,510 (-9.72%). Assessing service is no
longer to be charged to cities under a
population of 30,000 and will be included in
Hennepin County's portion of property taxes.
Long Lake Fire service cost is also decreased due
to no longer serving the Navarre service area,
which they had serviced for half of 2024.
By Department, the significant changes are:
Administration is increasing by $73,550 (14.7%)
offset by a decrease in Election of $61,050 (-
62.17%). Expenditure is moved around due to
2025 being a non-election year to account for
more staff time to scan documents in regards to
data retention. Communications is increasing by
$110,100 (282.31%) due to the addition of a
communication personnel. Assessing is
decreasing by $270,000 (100%) as Hennepin
County will no longer be charging cities with
population under 30,000 for assessing service,
but will include the cost in their portion of
property taxes. Central Services is increasing by
$90,850 (21.16%) offset by Parks decreasing by
$88,700 (-20.54%) due to reallocation of staff
time with the Parks and Facilities
Superintendent position restructured to provide
oversight to facilities. Police is increasing by
$341,690 (5.97%) due to personnel cost and the
additional allocation to IT service cost due to
added IT personnel. Fire overall is increasing by
$160,550 (11.17%). Orono Fire Department’s
first full year of operational service to the
Navarre service area offsets from Long Lake Fire
service and transitional cost of the North
service area. Orono Fire Department’s model of
fire service is a mixture of on-call and duty shift
model, therefore the significant difference in
personnel expenses from the previous model
serviced by Long Lake Fire Department.
Additional information on general fund
departments can be found in the information
included with this document.
Page 2 of 113 150
SPECIAL REVENUE FUNDS
The special revenue fund budgets are adopted
for are the Park Fund, The Drug Forfeiture Fund,
and TIF Housing Fund. With the 2025 budget
process, budgets also to be adopted includes
the Lurton Park Fund and the Carman Bay LID
Fund. Special revenue funds by definition have
a primary source of revenue that is dedicated
for a specific purpose. In the Park Fund, the
primary revenue source is park dedication fees
collected from developers and the tax levy. By
state law, park dedication fees must be used for
parkland acquisition and development. The
Drug Forfeiture Fund receives its primary
funding from the Police Department’s drug and
alcohol enforcement activities. The funds must
be used for drug and alcohol related activities.
The Lurton Park Fund is in relation to the Lurton
Dog Park. Revenue stream comes from the dog
park passes sold and the expenditure is used for
capital projects and improvements to the park
along with certain expenditures. The TIF Fund is
used to account for revenues related to the
Orono Woods Senior Housing Development.
The Carman Bay LID Fund is a passthrough fund
for the certified amount for the lake
improvement district.
DEBT SERVICE FUNDS
Debt Service Levies. The 2024 levy for debt
service is $820,000. This levy is used to pay the
debt service on the City’s outstanding bonds.
The current outstanding bonds are the 2014A
and 2021A bonds.
ENTERPRISE FUNDS
The Water, Sewer, Stormwater, Recycling, Golf
Course, and Cable Funds are designed to
account for the business type activities of the
City. These funds do not receive any property
tax revenue. The goal for the Enterprise funds
is to be fully funded by rates without depending
on special assessments for infrastructure
improvements or for years of operating loss.
On the revenue side of the budget, the utility
rates are approved annually as part of the fee
schedule. The utility rates are increasing by the
following percentage: Water 2%; Sewer 2%,
Stormwater 1%, and Recycling by 4%.
Additionally, based on the area (North, South,
Wayzata, or Long Lake), the sewer and water
will be charged accordingly. The utility rates are
included as part of the 2025 fee schedule and
budget. Cable fund revenue is generated by
franchise fees. Golf Course revenue is
generated by the fees and service charges from
users.
Water Fund. The water expenditure budget
overall is increasing by $29,400 (2.1%). The
biggest increase is in Personal Service for wages
and in Professional Service for IT and fleet
service. The operating budget for 2025 will have
a gain of $443,100. The overall change in fund
balance is anticipated to be $120,887 after
capital expenditures.
Projects identified in the CIP for 2025 include:
water system work that is aligned with road
projects ($900), watermain replacement project
at Kelly Ave ($200,000), and Navarre Water
Plant control upgrade ($110,000).
Sewer Fund. In past years, the sewer fund has
mostly operated at a loss. Non-operating
revenues, however, have consistently offset the
operating losses. This has resulted in a positive
operating cash flow for the fund.
The single largest expense for the sewer fund is
the Metropolitan Council Environmental
Services disposal charges, making up 33% of the
Sewer Fund operating budget.
The operating expenditure budget is increasing
by $26,260 (1.2%). The majority of this increase
is for wages and benefits and depreciation
expenditure. The total overall expenditure
budget is decreasing by $563,040 (-19.23%) due
to the decrease in operating transfers.
Page 3 of 113 151
Projects identified in the CIP for 2024 include:
Sewer Rehabilitation ($300,000), sanitary line
adjustments in correlation with road projects
($41,100), Lift Station #27 rehabilitation
($60,000), and Life Station #4 rehabilitation
($70,000).
Recycling Fund. The recycling funds major
expenditure is for contracted recycling charges.
The current contract with Waste Management
is increasing 4%. The Recycled Materials has
weakened in the past few years since 2018. The
full-time wages that are charged to the fund
represent 10% of the City Clerks wages.
Golf Couse Fund. The golf course fund was
established in 2023 with an intent to be more
transparent with golf course revenue and
expenditures. The main revenue source of the
golf course fund comes from charges from fees
and services at the golf course related to golfing
activities. Expenditure budget is increasing by
$110,330 (28.67%), with majority of
expenditures increasing in personal services.
The main factor would be due to hiring a full-
time position to manage the clubhouse and
events.
Cable Fund. The Cable funds projected
revenues are based on current subscriber
information and rates. The line item for
Internet/Other communications covers the
costs associated with streaming and online
access of council meetings. It has been
increased to pay for the increased cost of the
City’s fiber internet connection. Revenue for
the fund is in the from franchise fees that are
set by the City’s franchise agreement with
Mediacom.
Stormwater Fund. The Stormwater Fund is for
the most part project based. Operating
expenditures are mainly limited to engineering
associated with NPDES, SWPPP and other state
and federal requirements. Public Works time
and materials spent on culvert
cleaning/replacement are also charged to this
fund. The purpose of this fund is to collect
money for the larger Stormwater projects that
will be required in the future.
The operating expenditure budget is decreasing
by $6,900 (-1.37%). The total overall
expenditure budget is increasing by $179,100
(35.63) due to the increase in operating
transfers.
Projects identified in the CIP for 2024 include:
Stormwater improvements in conjunction with
road projects ($365,300), Casco Cove outlet and
bioretention basin ($161,000), and other Storm
Sewer Improvements and Replacements as
needed throughout the year ($100,000).
CONSTRUCTION FUNDS
The City does not adopt formal budgets for
construction funds. Possible projects for these
funds can be found in the CIP. The CIP is a
planning tool only; approval of the CIP does not
approve or authorize any purchases. The
projects identified in it will require approval
from the Council before they can be started or
purchased.
CAPITAL IMPROVEMENT PLAN
In 2012 and every year after, the City formally
adopts a Capital Improvement Plan (CIP). In
order to plan accurately for the City, the CIP is
updated and adopted annually. An updated
copy of the CIP for 2025 can be found on the
City’s website. The CIP is a planning document
only and approval of the CIP does not constitute
approval of any expenditures.
There are two main focusses of the CIP. First,
the CIP items that have been identified as needs
by staff. The second focus is to determine
available funding for the CIP. Many funding
sources are not adequate to fund the CIP items
so funding will need to be secured prior to
moving forward with the projects.
Page 4 of 113 152
City of Orono
City Officials
As of December 31, 2024
Elected Officials
Name Title Term Expires
Dennis Walsh Mayor 12/31/2024
Richard Crosby II Council Member 12/31/2024
Alisa Benson Council Member 12/31/2026
Maria Veach Council Member 12/31/2024
Claire Berrett Council Member 12/31/2026
Appointed Officials
Name Title
Adam Edwards City Administrator / Engineer
Maggie Jin Finance Director
Christine Lusian City Clerk
Correy Farniok Police Chief
James VanEyll Fire Chief
Laura Oakden Community Development Director
DJ Goman Public Works Superintendent
Taylor Zinnel Parks and Facilities Superintendent
Page 5 of 113 153
Maintenance WorkerMaintenance WorkerCity Staff OrganizationCity Administrator / City EngineerEngineering(Bolton and Menk)Full TimePart TimeContractSeasonal / ReserveCity Attorney(Campbell Knutson)Building OfficialAccounting TechnicianAdministrative AssistantPublic Utilities SupervisorFacilities CustodianProsecuting AttorneyAccountant/HR RepresentativeManagement AssistantPlannerPlanning AssistantAdministrative AssistantGC AttendantsBrush site AttendantUtility Maintenance WorkerMaintenance WorkerCity CouncilResidents of OronoOffice ManagerAdministrative AssistantDeputy ChiefSergeantCadet/ CSOInvestigatorSergeantSergeantPatrol Officer-SROPatrol Officer-DTFPatrol OfficerPatrol OfficerPatrol OfficerPatrol OfficerPolice ReserveSergeantBuilding InspectorSergeantPolice ChiefPublic Works SuperintendentParks and Facilities SuperintendentFinance DirectorGC SuperintendentGC GreenkeeperParks Maintenance WorkerParks Maintenance WorkerFirefighterFire FighterDuty CrewNorth SouthFirefighter Tech/Admin(Duty Crew)Firefighter-Inspector(Duty Crew)Fire LieutenantFire CaptainStation 2(Duty Crew)Deputy Chief -Training(Duty Crew)x2x6x4FirefighterFire Lieutenantx2x6Coming in 2025x5x4x5x6x2x2x2x2x2Fleet SupervisorFleet Mechanicx2x2x5x6-8x2-4x2IT ManagerFire FighterDuty CrewScan Clerkx2Streets & Storm SupervisorIT TechnicianClubhouseEvents / RecCommunity Development DirectorElection WorkersCity ClerkFire ChiefPage 6 of 113154
Annual Budget Process
Finance Begins Initial
Preparation
Timeline Distributed to
Departments
Workpapers Distributed
to Departments
Preliminary Budget and
Levy Discussion
(Work Session)
Staff Develops General
Fund Budget
Budget Committee
Meeting for General
Fund
Budget Review: General
Fund Budget and Tax
Levy
(Work Session)
Staff Develops Enterprise
and Internal Service
Funds Budgets
Budget Committee
Meeting for Enterprise
Funds and Internal
Service Funds
Budget Review:
Enterprise and Internal
Service Fund Budgets
(Work Session)
Budget and Tax Levy
Updates Continues
Budget Committee
Meeting for Preliminary
Levy/Budget (tentative)
Budget and Levy Update
(Work Session)
Adopt Preliminary
General Fund Budget &
Tax Levy
(Council Meeting)
Staff Develops CIP and
Utility Rates
Budget Committee
Meeting for CIP
(tentative)
Capital Improvement
Plan (CIP) Review
(Work Session)
Staff Updates Fee
Schedule
Capital Improvement
Plan (CIP) Review
(Work Session)
Staff Continues to Refine
Budget
Budget Committee
Meeting for Fee
Schedule and Budget
Updates
Fee Schedule Review
(Work Session)
Truth In Taxation
Hearing
(Council Meeting)
Adopt Budgets, Tax Levy,
CIP & Fee Schedule
(Council Meeting)
Staff Submit Reports to
County and StateMAYJUNE
JULYAUGUSTSEPTEMBEROCTOBERNOVEMBERDECEMBERභ Staff භBudget Committee භCouncil Work Session/Meetings
Goal Setting Planning Preparation Review Approval
Page 7 of 113 155
2025 Budget Timeline
MAY
• May 24 – Budget Timeline Distributed to Departments
• May 31 – Budget Workpaper Distributed to Departments to Update
JUNE
• June 21 – General Fund Department Draft due to Finance
• June 24 Council Work Session – Preliminary Budget Guidance
• June 25 to July 3 – Meeting between Department Head, Finance and City Administrator
JULY
• July 15-17 – Budget Committee Meeting for General Fund
• July 22 Council Work Session – General Fund Budget Update
AUGUST
• August 9 – Enterprise Fund and Internal Service Fund Draft due to Finance
• August 14-16 – Budget Committee Meeting for Enterprise Funds and Internal Service Funds
• August 26 Council Work Session – Enterprise Funds and Internal Service Funds Budget Update
• August 28-30 – Budget Committee Meeting for Preliminary Levy/Budget (tentative)
• August 30 – Additional General Fund Budget Updates due to Finance
SEPTEMBER
• September 1 – Capital Improvement Plan Distributed to Departments to Update
• September 9 Council Work Session – Preliminary Levy / Budget
• September 23 Council Meeting – Preliminary Levy / Budget Adoption
• September 30 – Capital Improvement Plan Draft due to Finance
OCTOBER
• October 2-4 – Budget Committee Meeting for Capital Improvement Plan (tentative)
• October 14 Work Session – Draft Capital Improvement Plan
• October 15 – Fee Schedule Distributed to Departments to Update
• October 28 Work Session – Draft Capital Improvement Plan
NOVEMBER
• November 8 – Fee Schedule Draft due to Finance
• November 13-15 – Budget Committee Meeting for Fee Schedule and Budget Updates
• November 25 Work Session – Fee Schedule Update
• November 25 Council Meeting – Truth in Taxation Hearing
• November 26 – Additional Budget, Capital Improvement Plan, Fee Schedule Updates due to Finance
DECEMBER
• December 9 Council Meeting – Final Levy / Budgets, Capital Improvement Plan, Fee Schedules Adopted
• December 28 – Staff submits report to County and State by this date
● Staff ●Budget Committee ●Council Work Session/Meetings
Page 8 of 113 156
City of Orono
Fund and Department Descriptions
City Budgets can be confusing due to the number of funds and departments involved. The following
descriptions of the General Fund departments and the other funds maintained by the City of Orono is
designed to give the user of this document a basic understanding of the purpose of each department
and fund.
General Fund – This is the general operating fund of the City. It is used to account for all financial
resources except those required to be accounted for in another fund. The General Fund budget is made
up of the following departmental budgets:
• Mayor and Council – The City Council oversees the policies and procedures that govern the City
in promoting the health, safety, and general welfare of the citizens of Orono. This budget
includes the wages and employment taxes of the Council; memberships in the League of
Minnesota Cities, Metro Cities, and the Suburban Rate Authority.
• Administration – The Administration Department includes the City Administrator who is
responsible for meeting statutory and legal obligations, implementing policy established by the
City Council and ensuring the successful management of all city operations. The City Clerk and
the rest of the administrative staff perform various functions such as: customer service, permits
and licensing, elections, record management, and general administrative duties.
• Elections – The Elections Department administers all federal, state, county, and municipal
elections held in the city. Elections are held in even numbered years.
• Assessing – The Assessing Department performs assessing services in accordance with the
requirements of the State of Minnesota. The City maintains a contract with Hennepin County
for assessing services.
• Finance – The Finance Department oversees the City’s financial operations, risk management,
and employee benefits. It is responsible for preparing the budget and Comprehensive Annual
Financial Report in accordance with generally accepted accounting principles.
• Legal – The Legal Department includes professional representation and opinion on city services
and operations, prosecution services, and jail charges. The City maintains renewable contracts
with both a civil law firm and a prosecutor for legal services.
• Central Services – The Central Services provides for those operating expenses that encompass all
General Fund city departments with the exception of the Police Department. Expenditures
include supplies, utilities, municipal insurance coverage, janitorial, and building maintenance.
• Human Services – The Human Services Department contracts with area organizations to provide
for valuable services for the community. Current contracts are with The Gillespie Center for
senior services and Orono Community Education for summer recreation programs.
Page 9 of 113 157
• Police – The Police Department provides for the public safety within Orono and surrounding
communities. The City has renewable contracts with the Cities of Spring Park, Minnetonka
Beach, and Mound. Due to the contractual agreements the department operates as a “cost
center” and is the only General Fund department that has expenditures for costs that are
normally covered by Central Services. This budget is also the only one within the General Fund
that includes capital expenditures.
• Fire – Over 46% of the expenditures of the Fire Department is comprised of service contract
with the Cities of Long Lake for fire suppression services. In 2023, the City of Orono started its
own fire department. Due to being a newly created department, expenditures are best estimate
and will be further refined in future year budgets to be accurately reflect the needs of the fire
department.
• Planning and Zoning – The Planning and Zoning Department oversees the development and
redevelopment within the City, including building inspections, in accordance with established
policies and guidelines. The policies and guidelines have been created to maintain the health,
safety, and welfare of the public, as well as maintaining the aesthetics of the community.
• Engineering – The Engineering Department provides professional representation and opinion on
city services and operations. This function is provided by a local engineering firm that is
retained on a contract basis.
• Street Maintenance – The Street Department provides for the maintenance of all city streets to
ensure a safe and drivable condition. Standard maintenance includes, patching, snow plowing,
and striping.
• Spring Park – The Spring Park Department provides for service provided to the City of Spring
Park.
• Brush Site – The Brush Site is open from April through November offering residents (no charge),
non-residents and contractors (at a charge) a place to bring brush and tree disposal.
• Parks and Recreation – The Parks and Recreation Department provides for the maintenance of
the City’s parks.
• Special Services – The Special Services Department is used to account for expenditures that
benefit a single property or organization. An example of this type of expenditure is the legal and
engineering fees incurred as the result of a request for a variance, a subdivision application, or
other major development. Other expenditures that are included in this department are
requests for additional police security or traffic control related to an event. The costs recorded
in this department are offset by revenues received for the services provided.
• Special Projects and Contingencies – The Special Projects and Contingencies Department budget
include the annual operating transfer to the Improvement & Equipment Outlay Fund for the
purchase of capital equipment for General Fund Departments other than for the Police
Page 10 of 113 158
Department. The department also includes an amount for any unforeseen circumstances that
produce additional expenses or revenue shortfalls.
Special Revenue Funds – Special Revenue Funds provide for funding of expenditures that are primarily
funded by a revenue source that is not part of the general tax levy and has a restricted use.
• Park Fund – The Park Fund’s major revenue source are Park Dedication Fees collected as part of
a subdivision or major development process. By state law fees received must be placed in a
special fund and can be used for specific purposes. Park dedication fees must be used only
for the acquisition and development or improvement of parks, recreational facilities,
playgrounds, trails, wetlands, or open space based on the approved park systems plan.
• Drug and Felony Forfeiture Fund – The Drug and Felony Forfeiture Fund’s major sources of
revenue are the sale of DWI forfeited vehicles and revenue received from drug enforcement
activities. The funds are restricted for law enforcement activities related to alcohol and
drug enforcement.
• Lurton Park Fund – The Lurton Park Fund’s major revenue source is from dog park permits
issued users of the park. The expenditures are used for the Lurton Park, such as capital
improvements.
• Senior Housing TIF Fund – The Senior Housing TIF Fund was created to provide housing
opportunities for seniors within the City. Its major revenue source is the additional property
taxes collected on the captured value of the property. 90% of the funds collected are
forwarded to the developer to help pay for the bonds associated with the project.
• Carman Bay LID Fund – The Carman Bay LID Fund was created to provide separate tracking
for the certification of the lake improvement district’s levy to its homeowners, any cost to
the City and the pass-through of the revenue back to the district.
Debt Service Funds – Debt Service Funds are used to pay for debt service on the City’s outstanding
bonds. Funding for debt service funds can include: property taxes; special assessments, debt
support from other funds; or a combination of the three.
• 2014 General Obligation Bonds – The 2014 bonds were issued for multiple purposes: to
refund the 2005 HRA Public Project Revenue Bonds (Big Island); to fund water infrastructure
improvements including a new well; and to fund the construction of the Public Safety
Garage. Funding is a combination of property taxes; water revenues; and a transfer from
the General Fund related to revenues from the Mound police service contract.
• 2016 General Obligation Refunding Bonds – The 2016 bonds were issued to refund the 2008
General Obligation Street Reconstruction Bonds. The refunding of the 2008 bonds resulted
in interest savings of $220,832.
Page 11 of 113 159
• 2021 General Obligation Bonds – The 2021 bonds were issued to fund the Public Works
building and fire building improvements. The new Public Works building houses the Public
Works, Parks and Facilities departments.
Capital Project Funds – Capital project funds are used to account for the financing of street projects,
equipment replacement, public safety equipment, and facility rehabilitation or renovation. Revenue
sources are provided mainly through transfers, special assessments, and bond sales.
• Municipal State Aid (MSA) Fund – The MSA Fund provides for the improvement of designated
state aid streets which are funded by State of Minnesota funds.
• Pavement Management Fund – The Pavement Management Fund is used to maintain, improve
and create roads and streets.
• Improvement & Equipment Outlay Fund – The Improvement & Equipment Outlay Fund provides
for the purchase of equipment and the construction or renovation of City facilities.
• Permanent Improvement Revolving (PIR) Fund – The PIR Fund is designed to provide temporary
financing of projects until permanent financing is available.
• Community Investment Fund – The Community Investment Fund provides funding for projects
of citywide importance that have no other funding source.
• Facilities Fund – The facilities fund was established in 2021 to provide for the development,
renovation and repairs of City buildings.
• Fire Capital Fund – The Fire Capital Fund was created in 2023 to separately track fire capital
from the remainder of the Improvement and Equipment Outlay Fund.
• Police Capital Fund – The Police Capital Fund was created in 2023 to separately track police
capital from the Permanent Improvement Revolving Fund.
Enterprise Funds – Enterprise Funds are used to account for the business type activities of the City.
These include the following funds: Water, Sewer, Cable TV, Stormwater, and Recycling.
• Water – The Water Fund is used to account for the City’s utility. The system consists of two
water towers, three wells, 18 miles of water mains, and serves 1,149 customers.
• Sewer – The Sewer Fund is used to account for the City’s sewer utility. The system consists of 47
miles of sewer lines and 46 pumping stations, and serves 2,368 customers. The largest expense
for the fund is a charge from the Metropolitan Council Environmental Services to pay for their
collector lines and the treatment of the wastewater.
• Recycling – the city contracts with Waste Management to provide for curbside recycling service.
Funding is provided through a combination of a grant from Hennepin County and user fees. In
addition, the city coordinates a spring cleanup day to assist residents who have materials
unsuitable for recycling or regular waste service.
Page 12 of 113 160
• Golf Course – The Golf Course Enterprise Fund was established in 2023. The Golf Course
provides golfing opportunities for both residents and visitors to the City. Post Covid-Pandemic,
the Golf Course has been performing exceptionally well to sustain itself separately from the
General Fund. During the winter months the course is open to sledding.
• Cable TV – The Cable TV Fund was created to account for revenues collected as part of the
franchise agreement between the City and Mediacom.
• Stormwater – The Stormwater Fund is used to account for the City’s stormwater utility. The
system consists of culverts, collection ponds, and drainage ways. The utility was created in
order to provide funding needed to comply with State and Federal mandates regarding
stormwater. All properties within the city are charged a stormwater fee.
Internal Service Funds – Internal Service Funds are used to track revenue and expense shifts between
departments. These include the following funds: Insurance, Fleet Management, Compensated
Absences, and Information Technology.
• Insurance - The Insurance Fund was created to account for total insurance revenue and
expenses between all departments.
• Fleet Management – The Fleet Management Fund is used to account for total expenses related
to city vehicles. Each fund pays into this fund to cover their appropriate portions of expenses.
• Compensated Absences – The Compensated Absences Fund is used to account the liability owed
to employees for compensated absences such as Sick, Vacation, Overtime and Comp-Time.
• Information Technology (IT) - The IT Fund is used to account for total expenses related to
software and technology. Each fund pays into this fund to cover their appropriate portions of
expenses.
Page 13 of 113 161
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7536
A RESOLUTION ADOPTING THE
2024 COLLECTIBLE IN 2025 PROPERTY TAX LEVY
BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin,
Minnesota, that the following sums be levied for the current year, collectible in 2025 upon the
taxable property in the City of Orono, for the following purposes:
General Fund - Operating $6,846,000
Facilities Fund 225,000
Fire Capital Fund 300,000
Pavement Management Fund 1,000,000
Parks 200,000
G.O. Improvement Bond 2014 300,000
G.O. Improvement Bond 2021 760,000
TOTAL ALL LEVIES $9,631,000
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the
County Auditor of Hennepin County, Minnesota.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
December 9, 2024.
ATTEST:
______________________________ ______________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
Page 14 of 113 162
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7537
A RESOLUTION TO ADOPT THE
2025 GENERAL FUND BUDGET
BE IT RESOLVED, by the City Council of the City of Orono, County of
Hennepin, Minnesota that the 2025 General Fund budget is determined to be as follows:
ESTIMATED REVENUES
Taxes - General $ 6,913,000
Licenses and Permits 653,000
Intergovernmental 310,150
Charges for Services 3,856,800
Fines and Forfeits 65,000
Interest Income 100,650
Miscellaneous 36,400
TOTAL $11,935,000
APPROPRIATED EXPENDITURES
General Government $1,809,550
Public Safety 8,346,450
Street Maintenance 796,850
Parks and Recreation 343,050
Engineering - Unallocated 26,000
Reimbursable Expenditures 199,150
Special Projects and Contingency 15,000
Capital Outlay 221,500
Transfers to Other Funds 177,450
TOTAL $11,935,000
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held December 9, 2024.
ATTEST:
____________________________________ ____________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
Page 15 of 113 163
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7538
A RESOLUTION TO ADOPT THE
2025 SPECIAL REVENUE FUND BUDGETS
BE IT RESOLVED, by the City Council of the City of Orono, County of
Hennepin, Minnesota that the 2025 Special Revenue Fund budgets are determined to be as follows:
Estimated Revenue Park Drug/Felony
Forfeiture
Lurton Park
Fund TIF CBLID Fund
Taxes 200,000$ -$ -$ 93,000$ 33,600$
Interest Income 17,400 22,400 - 3,700 50
User Fees - - 28,840 - -
Park Dedication Fees 10,000 - - - -
Contribution & Donations - - 1,000 - -
Transfers from Other Funds - - - - -
Total Revenue 227,400$ 22,400$ 29,840$ 96,700$ 33,650$
Appropriated Expenditures
General Government -$ -$ -$ 96,700$ 33,550$
Public Safety - 81,500 - - -
Streets - - - - -
Parks & Recreation 176,400 - 2,000 - -
Transfer to Other Fund - - - - -
Total Expenditures 176,400$ 81,500$ 2,000$ 96,700$ 33,550$
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held December 9, 2024.
ATTEST:
____________________________________ ____________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
Page 16 of 113 164
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7539
A RESOLUTION TO ADOPT THE
2025 ENTERPRISE FUND BUDGETS
BE IT RESOLVED, by the City Council of the City of Orono, County of
Hennepin, Minnesota that the 2025 Enterprise Fund budgets are determined to be as follows:
Estimated Revenue Water Sewer Recycling
Charges for Service 1,702,000$ 2,385,000$ 289,500$
Interest Income 10,000 5,000 1,000
Other Revenue 10,000 - 5,000
Total Revenue 1,722,000$ 2,390,000$ 295,500$
Appropriated Expenditures
Operating Expenses 1,278,900$ 2,209,400$ 275,600$
Non-Operating Expenses
Interest Expense 12,700 - -
Debt Service - - -
Transfer to Other Funds 137,000 155,000 -
Total Expenditures 1,428,600$ 2,364,400$ 275,600$
Estimated Revenue Golf Cable Stormwater
Charges for Service 452,500$ 73,000$ 785,000$
Interest Income 150 100 5,000
Other Revenue - - -
Total Revenue 452,650$ 73,100$ 790,000$
Appropriated Expenditures
Operating Expenses 440,330$ 72,200$ 495,700$
Non-Operating Expenses
Interest Expense - - -
Debt Service - - -
Transfer to Other Funds 10,000 - 186,000
Total Expenditures 450,330$ 72,200$ 681,700$
Page 17 of 113 165
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7539
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
December 9, 2024.
ATTEST:
____________________________________ ____________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
Page 18 of 113 166
2024 2025 Amount Percent
TAX LEVIES
General Fund - Total $6,545,100 $6,846,000 $300,900 4.60%
Facilities Fund 375,000 225,000 -150,000 -40.00%
Fire Capital Fund 275,000 300,000 25,000 N/A
Pavement Management 1,000,000 1,000,000 0 0.00%
Parks 200,000 200,000 0 0.00%
Community Investment 200,000 0 -200,000 -100.00%
GO Improvement 2014 60,000 300,000 240,000 400.00%
GO Improvement 2021 760,000 760,000 0 0.00%
Total Local Certified Tax Levy $9,415,100 $9,631,000 $215,900 2.29%
LEVY DETAIL
City of Orono
2025 Annual Budget
Page 19 of 113 167
City of Orono
2025 BUDGET
Tax Rate
2025 Over / Under 2024
Actual Estimated
TAX CAPACITY 2024 2025 Amount Percent
Net Tax Capacity (Adj Net Tax Capacity) 57,584,888$ 58,907,542$ 1,322,654$ 2.30%
LOCAL LEVY
Total Local Certified Tax Levy 9,415,100$ 9,631,000$ 215,900$ 2.29%
City Tax Capacity Rate 16.349%16.350%
TAX CAPACITY RATES
General Fund 11.37% 11.62% 0.26
Facilities Fund 0.65% 0.38% -0.27
Fire Capital Fund 0.48% 0.51% 0.03
Pavement Management 1.74% 1.70% -0.04
Parks 0.35% 0.34% -0.01
Community Investment 0.35% 0.00% -0.35
GO Improvement 2014 0.10% 0.51% 0.41
GO Improvement 2021 1.32% 1.29% -0.03
Total City Tax Capacity Rate 16.349%16.350%0.00
Page 20 of 113 168
Actual Estimated Actual Estimated Actual Estimated Actual Estimated
2024 2025 2024 2025 2024 2025 2024 2025
Value $250,000 $256,500 $500,000 $513,000 $1,056,900 $1,084,379 $2,000,000 $2,052,000
Market Value Exclusion (MVE) * $14,740 $23,465 $0 $380 $0 $0 $0 $0
Tax Value $235,260 $233,035 $500,000 $512,620 $1,056,900 $1,084,379 $2,000,000 $2,052,000
2,353 2,330 5,000 5,158 11,961 12,305 23,750 24,400
16.349% 16.350% 16.349% 16.350% 16.349% 16.350% 16.349% 16.350%
$384.63 $381.01 $817.45 $843.29 $1,955.54 $2,011.83 $3,882.89 $3,989.40
-$3.61 $25.84 $56.28 $106.51
-0.94%3.16%2.88%2.74%
** Tax Capacity (net) = 1% of first $500,000 market value, plus 1.25% of all value over $500,000
The Market Value adjustment is based on the average market value increase on a residential property = XX%
Median home value in Orono in 2024 is $1,056,900.
* 2024 and Prior Market Value Exclusion = First 40% of the first $76,000 of market value. For homestead value between $76,000 and $413,800, the exclusion is
$30,400 minus 9% of the value over $76,000. Homesteads valued at $413,800 or more do not receive the exclusion
2025 Market Value Exclusion = First 40% of the first $95,000 of market value. For homestead value between $95,000 and $517,200, the exclusion is $38,000 minus
9% of the value over $95,000. Homesteads valued at $517,200 or more do not receive the exclusion
Tax Capacity (Net) **
Effect of 2025 Tax Levy & Budget on Residential Properties
Median 2.6% Increase in Market Value
Tax Capacity Rate
Net City Tax
$ Change from 2024
% Change from 2024
Page 21 of 113 169
Note: Above graphs are based on preliminary budget and levy data provided by Hennepin County.
Page 22 of 113 170
General Fund 6,913,000 - 653,000 310,150 3,856,800 - 65,000 100,650 36,400 - 11,935,000
Special Revenue Funds
Parks Fund 200,000 - - - - - 17,400 10,000 - 227,400
Drug/Felony Forfeiture Fund - - - - - - - 22,400 - - 22,400
Lurton Park Fund - - - - 28,840 - - - 1,000 - 29,840
Senior Housing - TIF Fund - 93,000 - - - - - 3,700 - - 96,700
Carman Bay LID Fund 33,600 - - - - - - - 50 - 33,650
Capital Projects Funds
Permanent Improvement Revolving (PIR) Fund - - - - - - - 17,200 - - 17,200
Equipment Improvement Outlay Fund - - - - - - - 4,800 - 625,000 629,800
Police Capital Fund - - - - - - - 12,100 - 186,000 198,100
Fire Capital Fund 300,000 - - 40,000 - - - 700 111,000 150,000 601,700
Facilities Fund 225,000 - - - - - - 86,700 - 143,000 454,700
MSA Fund - - - 600,250 - - - - - - 600,250
Pavement Management Fund 1,000,000 - - - - - - - - 407,300 1,407,300
Community Investment Fund - - - - - - - 10,100 - - 10,100
Debt Service Funds
2014 Improvement Bonds 300,000 - - - - - - - - - 300,000
2021 CIP Bonds 760,000 - - - - - - - - - 760,000
TOTAL GOVT FUNDS 9,731,600 93,000 653,000 950,400 3,885,640 - 65,000 275,750 158,450 1,511,300 17,324,140
Enterprise Funds
Water Fund - Operating - - - - 1,702,000 - - 10,000 10,000 - 1,722,000
Sewer Fund - Operating - - - - 2,385,000 - - 5,000 - - 2,390,000
Recycling Fund - Operating - - - - 289,500 - - 1,000 5,000 - 295,500
Golf Course Fund - Operating - - - - - 452,500 - 150 - - 452,650
Cable Fund - Operating - - - - 73,000 - - 100 - - 73,100
Storm Water Fund - Operating - - - - 785,000 - - 5,000 - - 790,000
TOTAL ENTERPRISE FUNDS - - - - 5,234,500 452,500 - 21,250 15,000 - 5,723,250
Internal Service Funds
Fleet Fund - - - 6,000 - - - 200 406,500 50,000 462,700
Insurance Fund - - - - - - - 2,000 529,700 - 531,700
IT Fund - - - - - - - 100 513,850 - 513,950
TOTAL INTERNAL SERVICE FUNDS - - - 6,000 - - - 2,300 1,450,050 50,000 1,508,350
TOTAL ALL FUNDS 9,731,600 93,000 653,000 956,400 9,120,140 452,500 65,000 299,300 1,623,500 1,561,300 24,555,740
Property Tax
Special
Assessments
Licenses &
Permits
Inter-
Governmental
Misc.
Revenue
Transfers
From
Other Funds
Charges for
Services
Total Revenues
and
Transfers In
Recreation
Charges
Fines &
Forfeits
Interest
Income
City of Orono
Combined Summary of Revenues & Other Financing Sources
For 2025
Page 23 of 113 171
Total Expend
and
Transfers Out
General Fund 1,809,550 8,346,450 822,850 - 221,500 343,050 - - 214,150 177,450 11,935,000
Special Revenue Funds
Parks Fund - - - - 171,400 - - - 5,000 - 176,400
Drug/Felony Forfeiture Fund - - - - 81,500 - - - - - 81,500
Lurton Park Fund - - - - - - - - 2,000 - 2,000
Senior Housing - TIF Fund 96,700 - - - - - - - - - 96,700
Carman Bay LID Fund 33,550 - - - - - - - - - 33,550
Capital Projects Funds
Permanent Improvement Revolving (PIR) Fund - - - - - - - - - - -
Equipment Improvement Outlay Fund - - - - 562,000 - - - - - 562,000
Police Capital Fund - - - - 296,000 - - - - - 296,000
Fire Capital Fund - - - - 699,500 - - - - - 699,500
Facilities Fund - - - - 1,375,000 - - - - - 1,375,000
MSA Fund - - - - 375,900 - - - 39,500 125,000 540,400
Pavement Management Fund - - - - 1,371,500 - - - - - 1,371,500
Community Investment Fund - - - - - - - - - - -
Debt Service Funds
2014 Improvement Bonds - - - - - - 383,575 - 4,000 - 387,575
2021 CIP Bonds - - - - - - 720,244 - 6,500 - 726,744
TOTAL GOVT FUNDS 1,939,800 8,346,450 822,850 - 5,154,300 343,050 1,103,819 - 271,150 302,450 18,283,869
Enterprise Funds
Water Fund - - - 1,278,900 310,900 - 102,700 - - 114,000 1,806,500
Sewer Fund - - - 2,209,400 471,100 - - - - 155,000 2,835,500
Recycling Fund - - - 275,600 - - - - - - 275,600
Golf Course Fund 441,880 - - - - - 37,000 478,880
Cable Fund - - - 72,200 - - - - - - 72,200
Storm Water Fund 495,700 626,300 - - - - 186,000 1,308,000
TOTAL ENTERPRISE FUNDS - - - 4,773,680 1,408,300 - 102,700 - - 492,000 6,776,680
Internal Service Funds
Fleet Fund - - - - - - - 450,650 - 255,000 705,650
Insurance Fund - - - - - - - 323,500 - - 323,500
IT Fund - - - - 55,000 - - 546,850 - - 601,850
TOTAL INTERNAL SERVICE FUNDS - - - - 55,000 - - 1,321,000 - 255,000 1,631,000
TOTAL ALL FUNDS 1,939,800 8,346,450 822,850 4,773,680 6,562,600 343,050 1,206,519 - 271,150 794,450 26,691,549
Debt
Service
Internal
Service Fund
Operations
Other
Expenditures
Transfers To
Other Funds
Combined Summary of Expenditures & Other Financing Uses
For 2025
City of Orono
General
Government
Public
Safety
Public
Works
Enterprise
Operations
Capital
Outlay
Park &
Recreation
Page 24 of 113 172
Debt Issue 2024 2025 2026 2027 2028 2029
2014 Garage, Water, Ref
Tax Levy 242,000 242,000 242,000 242,000 242,000
Water Fund - Portion 98,570 101,550 99,350 101,920 99,310 101,500
340,570 343,550 341,350 343,920 341,310 101,500
2021 GO Improvement
Tax levy - Final Levy 2051 760,000 760,000 760,000 760,000 760,000 760,000
Total Debt Service Sources 1,100,570 1,103,550 1,101,350 1,103,920 1,101,310 861,500
Total Levy Required 1,002,000 1,002,000 1,002,000 1,002,000 1,002,000 760,000
Total Utility Funds 98,570 101,550 99,350 101,920 99,310 101,500
Total 1,100,570 1,103,550 1,101,350 1,103,920 1,101,310 861,500
Debt Issue 2030 2031 2032 2033 2034 2035
2014 Garage, Water, Ref
Tax Levy
Water Fund - Portion - - - - - -
- - - - - -
2021 GO Improvement
Tax levy - Final Levy 2051 760,000 760,000 760,000 760,000 760,000 760,000
Rent - Water
Rent - Sewer
Total Debt Service Sources 760,000 760,000 760,000 760,000 760,000 760,000
Total Levy Required 760,000 760,000 760,000 760,000 760,000 760,000
Total Utility Funds - - - - - -
Total 760,000 760,000 760,000 760,000 760,000 760,000
City of Orono
Debt Service Fund Sources
Page 25 of 113 173
Fund 322 Fund 324
2014A 2021A Total
Bond Type:Imp/Ref CIP All Issues
Bonds Outstanding 1/1/24 2,100,000 15,010,000 17,110,000
Bonds Issued 0 0 0
Bonds Paid or Refunded (325,000) (355,000) (680,000)
Bonds Outstanding 12/31/24 1,775,000 14,655,000 16,430,000
Fund 322 Fund 324
2014A 2021A Total
Imp/Ref CIP All Issues
2025 Payments
Bond Principal (340,000) (365,000) (705,000)
Bond Interest (43,575) (355,244) (398,819)
Total Disburse (383,575) (720,244) (1,103,819)
City of Orono
Report of Outstanding Indebtedness
As of December 31, 2024
Page 26 of 113 174
2022
Actual
2023
Actual
2024
Budget
2025
Budget
Increase
(Decrease)
Percentage
Increase
(Decrease)
Property Taxes 4,971,707 5,613,956 6,568,600 6,913,000 344,400 5.2%
Licenses 15,716 23,425 18,700 16,500 -2,200 -11.8%
Permits 711,709 778,088 566,500 636,500 70,000 12.4%
Intergovernmental 493,370 686,742 305,000 310,150 5,150 1.7%
Gen Govt Service Charges 883,305 1,049,551 859,900 952,300 92,400 10.7%
Public Safety Service Charges 2,687,737 2,806,978 2,865,680 2,904,500 38,820 1.4%
Fines and Forfeits 69,239 57,760 85,000 65,000 -20,000 -23.5%
Investment Revenue -85,993 100,732 200,660 100,650 -100,010 -49.8%
Golf Course Receipts 382,442 0000N/A
Miscellaneous Revenue 28,653 78,179 66,590 36,400 -30,190 -45.3%
Total Revenue 10,157,885 11,195,413 11,536,630 11,935,000 398,370 3.5%
City of Orono
2025 General Fund Revenue Budget - Summary
Page 27 of 113 175
2022
Actual
2023
Actual
2024
Budget
2025
Preliminary Budget
Increase
(Decrease)
Percentage
Increase
(Decrease)
Property Taxes
Current Ad Valorem Taxes 4,887,586 5,535,686 6,545,100 6,846,000 300,900 4.6%
Delinquent Ad Valorem Taxes 25,347 29,103 20,000 25,000 5,000 25.0%
Fiscal Disparities 45,716 35,794 - 30,000 30,000 N/A
Personal Property Tax 11,036 12,009 - 10,000 10,000 N/A
Forfeited Tax Sale Apportionmt 31 - - - - N/A
Rent Credit - - - - - N/A
Penalties and Interest-Taxes 1,990 1,364 3,500 2,000 (1,500) -42.9%
Total Property Taxes 4,971,707 5,613,956 6,568,600 6,913,000 344,400 5.2%
Licenses
Beer & Liquor Licenses 7,200 11,900 7,100 7,100 0 0.0%
Cigarette Licenses 875 1,500 500 750 250 50.0%
Garbage Haulers Licenses 675 825 1,100 1,100 0 0.0%
Other Business License/Permit 3,629 5,001 8,000 5,000 -3,000 -37.5%
Rental Licenses 1,700 4,220 2,000 2,500 500 25.0%
Dog Licenses 1,637 -21 0 50 50 N/A
Total Licenses 15,716 23,425 18,700 16,500 -2,200 -11.8%
Permits
Building Permits 586,697 605,447 475,000 525,000 50,000 10.5%
Zoning Permit 1,322 1,970 1,500 1,500 0 0.0%
Mechanical/Septic/Other 87,359 117,355 60,000 75,000 15,000 25.0%
Plumbing Permit 36,332 53,317 30,000 35,000 5,000 16.7%
Total Permits 711,709 778,088 566,500 636,500 70,000 12.4%
Intergovernmental
Federal Grant-other 00000N/A
Market Value Credit 348 406 0 150 150 N/A
Police Training Reimbursement 28,415 30,896 0 20,000 20,000 N/A
Fire State Aid 0000
Police State Aid 267,105 276,529 250,000 260,000 10,000 4.0%
Police Vest Reimbursement 0 0 25,000 0 -25,000 -100.0%
PERA State Aid 00000N/A
State Grant-other 197,502 378,911 30,000 30,000 0 0.0%
Grants/Aids from Other Govts 00000N/A
Total Intergovernmental 493,370 686,742 305,000 310,150 5,150 1.7%
Gen Govt Service Charges
Administrative Charges for Svc 218,625 362,875 325,000 384,350 59,350 18.3%
General Taxable Sales/Service 51 100 100 100 0 0.0%
Assessments searches 100 70 50 50 0 0.0%
Zoning Disclosure 250 435 250 350 100 40.0%
Plan Check/Site Exam Fees 343,782 359,307 225,000 250,000 25,000 11.1%
Cond Use-Variance-Dev Fees 15,528 22,580 20,000 20,000 0 0.0%
Engineering & Legal Fees 22,820 15,577 20,000 20,000 0 0.0%
Bldg Permits-mail in fees 00000N/A
On-site Septic Program fees 46,987 47,247 47,000 47,000 0 0.0%
Park Reservations 12,275 9,370 7,500 9,000 1,500 20.0%
Off Leash Annual Pass 00000N/A
Coop Agreement-public works 222,888 229,917 214,000 220,450 6,450 3.0%
InterDepartmental Services 00000N/A
Brush Site Fees 2,074 1,000 1,000 0 0.0%
Total Gen Govt Service Charges 883,305 1,049,551 859,900 952,300 92,400 10.7%
Public Safety Service Charges
Coop Agreement-inspection 0483000N/A
Coop Agreement-police 2,627,226 2,688,054 2,763,180 2,822,000 58,820 2.1%
Police Special Services 60,450 82,177 100,000 80,000 -20,000 -20.0%
False Alarm Fees 0 0 500 500 0 0.0%
Police Reports 0 3,168 1,000 1,000 0 0.0%
Police Reserve Receipts 031,691000N/A
Explorers program 60 1,405 1,000 1,000 0 0.0%
Total Public Safety Service Charges 2,687,737 2,806,978 2,865,680 2,904,500 38,820 1.4%
Fines and Forfeits
Admin Citations 4,892 -2,669 10,000 5,000 -5,000 -50.0%
Court Fines 64,347 60,430 75,000 60,000 -15,000 -20.0%
Drug Task Force 00000N/A
Dog Impound Fees 00000N/A
Total Fines and Forfeits 69,239 57,760 85,000 65,000 -20,000 -23.5%
City of Orono
2025 General Fund Revenue Budget - By Line Item
Page 28 of 113 176
2022
Actual
2023
Actual
2024
Budget
2025
Preliminary Budget
Increase
(Decrease)
Percentage
Increase
(Decrease)
City of Orono
2025 General Fund Revenue Budget - By Line Item
Interest Revenue
Interest on investments -86,685 100,000 200,000 100,000 -100,000 -50.0%
Interest-NOW account 692 732 660 650 -10 -1.5%
Total Investment Revenue -85,993 100,732 200,660 100,650 -100,010 -49.8%
Golf Course Receipts
Green Fees 240,3900000N/A
Rental-Golf carts & Club 103,6780000N/A
Beer Sales 20,7200000N/A
Pop Sales 350000N/A
Concessions-taxable 11,6510000N/A
Golf Ball Sales 4,3980000N/A
Pro Shop-taxable 4220000N/A
Pro Shop-nontaxable 1,1460000N/A
Other Golf Course Receipts 00000N/A
Cash Over/Short 10000N/A
Total Golf Course Receipts 382,4420000N/A
Miscellaneous Revenue
Utility Penalties 14 16000N/A
Miscellaneous Revenue 10,681 31,403 25,000 25,000 0 0.0%
Convenience Fee 00000N/A
Rent Income 4,950 5,400 5,400 5,400 0 0.0%
Contributions & donations 11,265 20,535 5,000 5,000 0 0.0%
Refunds & Reimbursements -1,203 4,380 1,000 1,000 0 0.0%
Sale of Equipment 2,940 275 30,000 0 -30,000 -100.0%
Cash Over/Short 00000N/A
Filing fees-elections/plats 6 16,170 190 0 -190 -100.0%
Total Miscellaneous Revenue 28,653 78,179 66,590 36,400 -30,190 -45.3%
Total Revenue 10,157,885 11,195,413 11,536,630 11,935,000 398,370 3.5%
Page 29 of 113 177
Property Taxes
58%
Licenses
0%
Permits
5%
Intergovernmental
3%
Gen Govt Service Charges
8%
Public Safety Service Charges
24%
Fines and Forfeits
1%
Investment Revenue
1%
Miscellaneous Revenue
0%
2025 General Fund Revenue Budget
Page 30 of 113 178
2022
Actual
2023
Actual
2024
Budget
2025
Adopted Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 6,259,654 7,076,453 7,539,000 8,141,650 602,650 7.99%
Supplies & Maintenance 631,833 734,038 870,700 835,900 (34,800) -4.00%
Insurances 133,995 214,300 210,600 221,100 10,500 4.99%
Professional Services 1,447,671 1,758,498 1,990,760 1,797,250 (193,510) -9.72%
Other Expenses 573,661 815,482 474,070 525,150 51,080 10.77%
Capital Outlay 191,140 179,339 221,500 221,500 - 0.00%
Transfers to Other Funds 304,250 1,580,000 200,000 177,450 (22,550) -11.28%
Contingencies 14,256 4,775 30,000 15,000 (15,000) -50.00%
Purchases for Resale 22,019 - - - - N/A
Total 9,578,479 12,362,884 11,536,630 11,935,000 398,370 3.45%
City of Orono
2025 General Fund Budget
Major Expenditure Categories
Page 31 of 113 179
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Mayor & Council 34,010 43,660 60,400 50,000 (10,400) -17.22%
Administration 376,607 485,705 500,250 573,800 73,550 14.70%
Elections 61,200 35,816 98,200 37,150 (61,050) -62.17%
Communications - - 39,000 149,100 110,100 282.31%
Finance 338,825 334,416 339,600 346,250 6,650 1.96%
Assessing 234,000 254,000 270,000 - (270,000) -100.00%
Law/Legal Services 117,972 144,782 128,000 121,000 (7,000) -5.47%
Human Services - 9,500 12,000 12,000 - 0.00%
Central Services 244,263 392,220 429,400 520,250 90,850 21.16%
Police 5,079,607 5,626,334 5,719,910 6,061,600 341,690 5.97%
Fire Protection Services - LL 471,462 589,974 664,940 558,000 (106,940) -16.08%
Fire Protection Services - OR - 203,462 772,510 1,040,000 267,490 34.63%
Building & Zoning 735,903 841,949 862,900 908,350 45,450 5.27%
Street Maintenance 667,528 768,804 690,050 750,100 60,050 8.70%
Public Works - Spring Park 79,218 111,366 100,400 103,150 2,750 2.74%
Brush Site 40,068 32,748 50,920 46,750 (4,170) -8.19%
Engineering 31,649 35,189 25,000 26,000 1,000 4.00%
Parks 313,442 444,117 431,750 343,050 (88,700) -20.54%
Golf Course 348,795 (0) - - - N/A
Special Services 85,292 424,069 111,400 96,000 (15,400) -13.82%
Special Projects-Contingencies 18,506 4,775 30,000 15,000 (15,000) -50.00%
Transfers to Other Funds 300,000 1,580,000 200,000 177,450 (22,550) -11.28%
Total General Fund Expenditures 9,578,346 12,362,884 11,536,630 11,935,000 398,370 3.45%
City of Orono
2025 General Fund Budget
Departmental Budgets
Page 32 of 113 180
Page 33 of 113 181
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 20,310 19,717 19,700 19,700 0 0.00%
Other Expenses 13,701 23,943 40,700 30,300 (10,400) -25.55%
City Council Total 34,010 43,660 60,400 50,000 (10,400) -17.22%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for City Council Representatives (Mayor and 4 Council Members).
* Other Expenses includes recorder for city council meetings, memberships, training and meeting expenses.
City-wide Memberships are as follows:
Suburban Rate Authority
League of Minnesota Cities
Metro Cities
City of Orono
2025 General Fund Budget - Departmental Summary
Mayor & Council
41110
The City Council oversees the policies and procedures that govern the city in promoting the health, safety, and general welfare of the citizens of Orono.
Page 34 of 113 182
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 363,853 461,223 478,000 555,400 77,400 16.19%
Professional Services 9,448 13,295 13,000 10,000 (3,000) -23.08%
Other Expenses 3,307 11,188 9,250 8,400 (850) -9.19%
Administration Total 376,607 485,705 500,250 573,800 73,550 14.70%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Administration Department.
Staff Includes: City Administrator, City Clerk, Management Assistant, and Municipal Services Support Representative.
* Professional Services includes IT services.
City of Orono
2025 General Fund Budget - Departmental Summary
Administration
41300
The City Clerk and Administrative Staff are also included in the Administration Department and perform various function such as customer service, general
administrative duties, permits and licensing, elections, data practices, and record management.
The Administration Department includes the City Administrator who is responsible for meeting satatutory and legal obligations, implementing policy
established by the City Council and ensuring the successful management of all city operations. In addition, the City Administrator is responsible for overseeing
the human resource function.
* Other Expenses includes training and development, memberships in professional organizations for the Administrative Staff and city wide employee
recognition program.
Page 35 of 113 183
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 51,625 30,746 83,700 33,450 (50,250) -60.04%
Supplies & Maintenance 7,148 1,919 8,500 2,000 (6,500) -76.47%
Other Expenses 2,427 3,151 6,000 1,700 (4,300) -71.67%
Elections Total 61,200 35,816 98,200 37,150 (61,050) -62.17%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services are the wages for the temporary election judges and a portion of Administration Staff (10%). 2025 is not an election year.
* Supplies & Maintenance includes election equipment.
City of Orono
2025 General Fund Budget - Departmental Summary
Elections
41410
The Elections Department administers all federal, state, county, and municipal elections held in the city. Temporary election judges are hired to provide the
necessary staffing at polling locations, and for the operation of voting machines. The Administrative Staff provides supervision to the election judges as needed
and maintains election records.
* Other expenses include IT service, postage, travel expenses, advertising, building/equipment rental, training, meeting expenses and other miscellaneous
expenses.
Page 36 of 113 184
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 0 0 6,700 126,600 119,900 1789.55%
Other Expenses 0 0 32,300 22,500 (9,800) -30.34%
Communications Total 0 0 39,000 149,100 110,100 282.31%
PROGRAM DESCRIPTION & OBJECTIVES:
The Communications Department is responsible for public comminications including, Social Media, Websites Administration, and Newsletters.
OPERATING COST ACTIVITIES:
* Personal Services are the wages represent 10% of the Management Assistant and 5% of the City clerks wages and benefits.
Staff Includes: Communication position starting in 2025.
* Other expenses IT service, website hosting fees, printing, postage, and software.
City of Orono
2025 General Fund Budget - Departmental Summary
Communications
41430
Page 37 of 113 185
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 288,968 321,362 323,800 325,350 1,550 0.48%
Supplies & Maintenance 0 65 0 0 0 N/A
Professional Services 42,725 7,875 10,000 15,000 5,000 50.00%
Other Expenses 7,132 5,114 5,800 5,900 100 1.72%
Finance Total 338,825 334,416 339,600 346,250 6,650 1.96%
PROGRAM DESCRIPTION & OBJECTIVES
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Finance Department Staff.
Staff includes: Finance Director, Accountant and Resource Management Technician.
* Professional Services includes IT service.
* Other Expenses includes training and development, and memberships in professional organizations for the Finance Staff.
City of Orono
2025 General Fund Budget - Departmental Summary
Finance
41500
The Finance Department oversees the City's financial operations, investment, insurances, and employee benefits. It is responsible for preparing the budget
document and annual report in accordance with generally accepted accounting principles. Finance department supports the City Administrator with human
resources function.
Page 38 of 113 186
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Assessing Services 234,000 254,000 270,000 0 (270,000) -100.00%
Assessing Total 234,000 254,000 270,000 0 (270,000) -100.00%
PROGRAM DESCRIPTION & OBJECTIVES:
The City contract with Hennepin County to provide Assessing services. Starting in 2025, Hennepin County will no longer charge the City directly.
City of Orono
2025 General Fund Budget - Departmental Summary
Assessing
41550
Page 39 of 113 187
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services 117,972 144,782 128,000 121,000 (7,000) -5.47%
Law/Legal Services Total 117,972 144,782 128,000 121,000 (7,000) -5.47%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Professional Services includes the costs associated with the contract with legal staff, prosecution costs, code enforcement, and jail charges.
City of Orono
2025 General Fund Budget - Departmental Summary
Law/Legal Services
41600
The City maintains a renewable contract agreement with two local legal firms to provide legal services. The Legal Department provides professional
representation and opinion on city services and operations.
Page 40 of 113 188
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses 0 9,500 12,000 12,000 0 0.00%
Human Services Total 0 9,500 12,000 12,000 0 0.00%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Contributions are the contributions made to Human Service Organizations in the Orono area. Organizations include:
The Gillespie Center
Human Services
41800
The Human Services Department is comprised of area organizations that provide equal opportunity in employment, housing, public services, and education.
The City maintains an affiliation with these organizations to ensure a strong relationship with area communities and their citizens.
2025 General Fund Budget - Departmental Summary
City of Orono
Page 41 of 113 189
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 19,953 24,736 100,200 145,700 45,500 45.41%
Supplies & Maintenance 51,781 70,621 64,500 81,500 17,000 26.36%
Professional Services 66,461 99,548 110,200 136,250 26,050 23.64%
Insurances 36,900 63,300 61,000 64,000 3,000 4.92%
Other Expenses 69,167 134,015 93,500 92,800 (700) -0.75%
Central Services Total 244,263 392,220 429,400 520,250 90,850 21.16%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Facilities Department Staff.
Staff includes: Parks & Facilities Superintendent (33%), Janitor
* Supplies & Maintenance include the operating supplies and maintenance expenses on city equipment and facilities.
* Professional Services includes annual audit expenses and fees associated with administering city benefit plans.
* Other Expenses includes utilities, publishing costs, copier leases, and other miscellaneous charges related to city operations.
City of Orono
2025 General Fund Budget - Departmental Summary
Central Services
41900
The Central Services Department provides for those operating expenses that encompass all city departments. By consolidating these expenditures, the City can
more accurately determine the effectiveness of the costs and benefits provided. The City maintains a renewable contract agreement with an outside janitorial
service for general cleaning and upkeep of city facilities. The Central Services Department also pays for a portion of the costs associated with the annual audit.
Page 42 of 113 190
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 4,041,450 4,584,141 4,600,000 4,833,500 233,500 5.08%
Supplies & Maintenance 235,520 227,307 283,000 263,500 (19,500) -6.89%
Professional Services 215,348 295,270 341,310 446,300 104,990 30.76%
Insurances 86,025 150,975 140,000 147,000 7,000 5.00%
Other Expenses 310,125 189,301 134,100 149,800 15,700 11.71%
Capital Outlay 191,140 179,339 221,500 221,500 0 0.00%
Police Total 5,079,607 5,626,334 5,719,910 6,061,600 341,690 5.97%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Police Department.
* Supplies & Maintenance include the operating supplies and maintenance expenses on police equipment and facilities.
* Professional Services includes the police records system, internet, animal care, and medical and psychological evaluations for new officers.
* Insurance Expenses includes a portion of the City's general, liability, and auto insurance costs.
* Other Expenses includes utilities, fuel, publishing costs, copier leases, and other miscellaneous charges related to police operations.
City of Orono
42110
Staff includes: Police Chief, Deputy Chief, Sergeant (5), Investigators (5), Patrol Officers (19), Part Time Officers (2), CSO Cadets (3), Office Manager,
Administrative Assistant (2)
2025 General Fund Budget - Departmental Summary
Police
The Police Department provides for the public safety within Orono and the surrounding communities of Minnetonka Beach, Spring Park, and Mound. This is
accomplished through preventive patrol, traffic enforcement, education, criminal investigation and prosecution.
Page 43 of 113 191
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 0 156,725 434,900 667,800 232,900 53.55%
Supplies & Maintenance 0 12,381 152,700 114,600 (38,100) -24.95%
Insurances 0 0 9,500 10,000 500 5.26%
Professional Services 471,462 607,884 757,250 682,000 (75,250) -9.94%
Other Expenses 0 16,446 83,100 123,600 40,500 48.74%
Fire Protection Services Total 471,462 793,436 1,437,450 1,598,000 160,550 11.17%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Orono Fire Department.
Staff includes: Fire Chief, Training Chief, Part-Time Firefighters, and Paid-On-Call Firefighters.
* Supplies & Maintenance include the operating supplies and maintenance expenses on fire equipment and facilities.
* Insurance Expenses includes a portion of the City's general, liability, and auto insurance costs.
* Professional Services includes medicals, legal consultation, turn out gear washing and maintenance, IT and fleet service.
* Other Expenses includes utilities, fuel, radio cost, copier leases, and other miscellaneous charges related to fire operations.
The Fire Department is comprised of a contract agreement with the community of Long Lake for fire suppression services for the north section of City. The
Orono Fire Department provides fire suppression service for the remainder of the City and supports Police with public safety within Orono.
2025 General Fund Budget - Departmental Summary
Fire Protection Services
42260
City of Orono
Page 44 of 113 192
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 662,199 745,958 763,900 810,700 46,800 6.13%
Supplies & Maintenance 2,175 1,701 2,050 3,650 1,600 78.05%
Professional Services 60,063 77,605 79,500 79,500 0 0.00%
Other Expenses 11,465 16,685 17,450 14,500 (2,950) -16.91%
Building & Zoning Total 735,903 841,949 862,900 908,350 45,450 5.27%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for Planning and Zoning Staff.
Staff includes: Director of Community Development, Planners (2), Planning Assistant, Building Official and Building Inspector.
* Professional Services include engineering, legal consulting services and contracted building inspections.
* Other Expenses includes training and development, and memberships in professional organizations for the Building & Zoning Staff.
42400
Building & Zoning
2025 General Fund Budget - Departmental Summary
City of Orono
The Building & Zoning Department oversees the development and redevelopment within the City in accordance with established policies and guidelines. The
policies and guidelines have been created and are enforced to maintain the health, safety, and welfare of the public, as well as the aesthetics of the
community.
Page 45 of 113 193
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 362,833 262,493 295,900 303,700 7,800 2.64%
Supplies & Maintenance 176,737 299,367 207,000 226,300 19,300 9.32%
Professional Services 79,535 137,899 132,000 168,100 36,100 27.35%
Other Expenses 48,423 69,045 55,150 52,000 (3,150) -5.71%
Public Works Total 667,528 768,804 690,050 750,100 60,050 8.70%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Public Works Department.
* Supplies & Maintenance include general operating supplies for street repair/maintenance, and vehicle and equipment maintenance.
* Professional Services includes IT and Fleet Services.
* Other Expenses include electricity costs for street lighting and employee training and development.
2025 General Fund Budget - Departmental Summary
Public Works
43000
The Street Department provides for the maintainance of all city streets to ensure a safe and driveable condition. Standard maintenance includes seal-coating,
patching, snow plowing, and sweeping. Due to its excess storage capacity, the City maintains cooperative agreements with surrounding communities for
storage and sale of salt/sand supplies.
Staff includes the following FTES: Public Works Superintendent (.25), Street/Stormwater Supervisor (.50) Maintenance Workers (1.25), Public Works
Admin Support (.20)
City of Orono
Page 46 of 113 194
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 63,706 99,863 98,400 100,500 2,100 2.13%
Supplies & Maintenance 3,053 2,167 0 0 0 N/A
Professional Services 9,789 3,923 2,000 2,650 650 32.50%
Other Expenses 2,670 5,414 0 0 0 N/A
Public Works - Spring Park Total 79,218 111,366 100,400 103,150 2,750 2.74%
PROGRAM DESCRIPTION & OBJECTIVES:
As of 9/1/2021 Orono began providing public works service to the City of Spring Park.
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Public Works Department.
Wages and benefits are based 1 FTE and use the average wage of all maintenance workers.
* Supplies & Maintenance were reimburseable expenses pass through to Spring Park.
* Professional Services includes IT Services, Fleet Services and Other professional Services.
* Other Expenses includes reimburseable expenses.
City of Orono
2025 General Fund Budget - Departmental Summary
PW - Spring Park
43050
Page 47 of 113 195
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 10,670 12,662 13,100 13,450 350 2.67%
Supplies & Maintenance 480 793 35,250 30,250 (5,000) -14.18%
Other Expenses 28,917 19,292 2,570 3,050 480 18.68%
Brush Site Total 40,068 32,748 50,920 46,750 (4,170) -8.19%
PROGRAM DESCRIPTION & OBJECTIVES:
The Brush Site provides a place for residents and contractors to drop off tree branches and brush.
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Brush Site.
Staff includes: Brush Site Attendants (seasonal)
* Supplies & Maintenance include general operating supplies for repair and maintenance of the brush site.
* Other Expenses includes bank fees, IT service, telephone, general liability insurance, gas, electricity, and portable toilet rental.
2025 General Fund Budget - Departmental Summary
Brush Site
43100
City of Orono
Page 48 of 113 196
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services 31,649 35,189 25,000 26,000 1,000 4.00%
Engineering Total 31,649 35,189 25,000 26,000 1,000 4.00%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Professional Services are the costs associated with the contract agreement with the contracted engineering firm (Bolton & Menk).
City of Orono
2025 General Fund Budget - Departmental Summary
Engineering
43170
The City maintains a renewable contract with a local firm to provide all engineering services. The Engineering Department provides professional representation
and opinion on city services and operations.
Page 49 of 113 197
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 171,372 267,956 279,300 164,800 (114,500) -41.00%
Supplies & Maintenance 95,844 120,756 116,200 118,900 2,700 2.32%
Professional Services 28,923 41,845 20,500 44,000 23,500 114.63%
Other Expenses 17,302 13,559 15,750 15,350 (400) -2.54%
Parks Total 313,442 444,117 431,750 343,050 (88,700) -20.54%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services includes the wages and employment taxes for the Parks Department.
Staff includes: Park Superintendant (34%), Maintenance Workers (1), Seasonals.
* Supplies & Maintenance includes the operating supplies and maintenance for all park facilities.
* Professional Services includes engineering service, IT services, fleet service, and event service for the tree lighting ceremony.
* Other Expenses includes the utilities and costs associated with equipment rental.
The Parks Department provides for the maintainance of the City's parks. In addition, the city participates in a joint recreation program with area organizations
to ensure a community-wide effort in providing adequate recreational facilities.
45200
City of Orono
2025 General Fund Budget - Departmental Summary
Parks
Page 50 of 113 198
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 169,833 (0)0 0 0 N/A
Supplies & Maintenance 63,690 0 0 0 0 N/A
Insurances 10,995 0 0 0 0 N/A
Other Expenses 82,258 0 0 0 0 N/A
Purchases for Resale 22,019 0 0 0 0 N/A
Golf Course Total 348,795 (0)0 0 0 N/A
PROGRAM DESCRIPTION & OBJECTIVES:
The Golf Course has been moved from the General Fund to an Enterprise Fund.
City of Orono
2025 General Fund Budget - Departmental Summary
Golf Course
45210
Page 51 of 113 199
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 32,882 88,870 41,400 41,000 (400) -0.97%
Professional Services 51,910 32,490 70,000 55,000 (15,000) -21.43%
Other Expenses 500 302,708 0 0 0 N/A
Special Services - Consulting & Police Total 85,292 424,069 111,400 96,000 (15,400) -13.82%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES (Reimbursed):
* Personal Services include Police Officer overtime wages for security work and/or traffic control.
* Professional Services include legal and engineering review expense for land use applications.
City of Orono
2025 General Fund Budget - Departmental Summary
Special Services
43280
The Special Services Department provides a separate 'cost center' for tracking city-provided consulting and Police special service details. Orono residents who
apply for land use variations are subject to be billed for any additional staff, legal, and engineering time that is spent reviewing their application. These charges
are recorded in this departmental budget, and the applicants are subsequently billed for this additional time. Orono businesses or residents who wish to
contract with the city for Police security or traffic control are billed for the officers’ time. The City's costs are recorded in this departmental budget, and are
offset by the revenues received from the requesting parties.
Page 52 of 113 200
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services 0 0 0 0 0 N/A
Other Expenses 0 0 0 0 0 N/A
Capital & Transfers 304,250 1,580,000 200,000 177,450 (22,550) -11.28%
Contingency Items 14,256 4,775 30,000 15,000 (15,000) -50.00%
Special Projects-Contingencies Total 318,506 1,584,775 230,000 192,450 (37,550) -16.33%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Transfers are as follows:
Improvement and Equipment Outlay Fund
* Contingency Items is an amount for unbudgeted and unforseen items that require action before the next budget cycle.
GENERAL FUND TOTAL 9,578,346 12,362,884 11,536,630 11,935,000 398,370 3.45%
The Special Projects & Contingencies Department includes funds allocated for planned projects or events that benefit the entire city, and for any unforseen
circumstances that produces additional expenses. This department also provides for operating transfers to other funds.
Special Project & Contingencies
43290
City of Orono
2025 General Fund Budget - Departmental Summary
Page 53 of 113 201
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 18,827 18,200 18,200 18,250 50 0.27%
FICA 1,408 1,392 1,400 1,400 0 0.00%
Worker's Comp Insurance Prem 75 125 100 50 (50) -50.00%
Total Personal Services 20,310 19,717 19,700 19,700 0 0.00%
Other Expenses
IT Services 675 1,225 1,100 1,400 300 27.27%
Professional Services 0 4,356 20,000 5,500 (14,500) -72.50%
Memberships 3,904 13,610 14,000 15,400 1,400 10.00%
Training & Development 6,043 2,286 1,600 4,000 2,400 150.00%
Meeting Expenses 3,079 1,832 4,000 4,000 0 0.00%
Other Miscellaneous Charges 0 634 0 0 0 N/A
Total Other Expenses 13,701 23,943 40,700 30,300 (10,400) -25.55%
City Council Total 34,010 43,660 60,400 50,000 (10,400) -17.22%
City of Orono
2025 General Fund Budget - By Line Item
Mayor & Council
41110
Page 54 of 113 202
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 257,636 353,527 342,900 390,350 47,450 13.84%
Full-Time Employees Overtime 0 0 1,300 1,300 0 0.00%
Part-Time Employees 3,629 2,041 30,000 39,000 9,000 30.00%
Temporary/Seasonal Employees 9,703 2,378 1,000 0 (1,000) -100.00%
PERA 19,323 25,981 28,100 32,300 4,200 14.95%
FICA 20,898 28,276 28,700 32,950 4,250 14.81%
City Benefit Contribution 51,014 46,270 45,900 57,750 11,850 25.82%
Unemployment Benefit Payments 0 0 0 0 0 N/A
Worker's Comp Insurance Prem 1,650 2,750 100 1,750 1,650 1650.00%
Total Personal Services 363,853 461,223 478,000 555,400 77,400 16.19%
Professional Services
IT Services 5,250 9,250 8,000 10,000 2,000 25.00%
Professional Services 4,198 4,045 5,000 0 (5,000) -100.00%
Total Professional Serivces 9,448 13,295 13,000 10,000 (3,000) -23.08%
Other Expenses
Travel Expenses 252 1,046 1,500 250 (1,250) -83.33%
General Advertising 0 608 0 0 0 N/A
Memberships 624 440 1,000 750 (250) -25.00%
Training & Development 87 3,626 2,250 3,000 750 33.33%
Meeting Expenses 785 3,125 500 0 (500) -100.00%
Other Miscellaneous Charges 1,559 2,343 4,000 4,400 400 10.00%
Total Other Expenses 3,307 11,188 9,250 8,400 (850) -9.19%
Administration Total 376,607 485,705 500,250 573,800 73,550 14.70%
City of Orono
2025 General Fund Budget - By Line Item
Administration
41300
Page 55 of 113 203
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 24,451 21,748 23,400 24,700 1,300 5.56%
Full-Time Employees Overtime 0 0 1,000 0 (1,000) -100.00%
Temporary/Seasonal Employees 17,155 490 50,000 500 (49,500) -99.00%
PERA 2,290 1,575 1,800 1,900 100 5.56%
FICA 1,606 1,600 1,900 1,900 0 0.00%
City Benefit Contribution 5,898 5,158 5,600 4,350 (1,250) -22.32%
Worker's Comp Insurance Prem 225 175 0 100 100 N/A
Total Personal Services 51,625 30,746 83,700 33,450 (50,250) -60.04%
Supplies & Maintenance
Equipment Parts & Accessories 6,955 1,919 8,000 2,000 (6,000) -75.00%
Small Tools and Minor Equip 193 0 500 0 (500) -100.00%
Total Supplies & Maintenance 7,148 1,919 8,500 2,000 (6,500) -76.47%
Other Expenses
IT Services 0 1,000 1,100 1,400 300 27.27%
Postage 0 0 0 0 0 N/A
Travel Expenses 172 0 400 100 (300) -75.00%
General Advertising 316 0 450 0 (450) -100.00%
Printing & Publishing 0 0 0 150 150 N/A
Training & Development 0 1,673 50 50 0 0.00%
Meeting Expenses 1,939 451 3,000 0 (3,000) -100.00%
Other Miscellaneous Charges 0 28 1,000 0 (1,000) -100.00%
Total Other Expenses 2,427 3,151 6,000 1,700 (4,300) -71.67%
Elections Total 61,200 35,816 98,200 37,150 (61,050) -62.17%
2025 General Fund Budget - By Line Item
Elections
41410
City of Orono
Page 56 of 113 204
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 0 0 5,100 96,250 91,150 1787.25%
Full-Time Employees Overtime 0 0 0 1,000 1,000 N/A
Temporary/Seasonal Employees 0 0 0 0 0 N/A
PERA 0 0 500 7,300 6,800 1360.00%
FICA 0 0 400 7,450 7,050 1762.50%
City Benefit Contribution 0 0 700 14,200 13,500 1928.57%
Worker's Comp Insurance Prem 0 0 0 400 400 N/A
Total Personal Services 0 0 6,700 126,600 119,900 1789.55%
Other Expenses
IT Services 0 0 2,000 2,500 500 25.00%
Website Hosting 0 0 7,300 0 (7,300) -100.00%
Postage 0 0 4,000 4,000 0 0.00%
Newsletters 0 0 12,000 16,000 4,000 33.33%
Printing & Publishing 0 0 1,000 0 (1,000) -100.00%
Software Licensing 0 0 6,000 0 (6,000) -100.00%
Total Other Expenses 0 0 32,300 22,500 (9,800) -30.34%
Communications Total 0 0 39,000 149,100 110,100 282.31%
City of Orono
2025 General Fund Budget - By Line Item
Communications
41430
Page 57 of 113 205
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 213,266 245,869 240,200 246,750 6,550 2.73%
Full-Time Employees Overtime 127 0 200 200 0 0.00%
Part-Time Employees 0 0 0 0 0 N/A
Temporary/Seasonal Employees 0 0 0 0 0 N/A
PERA 16,005 16,700 18,000 18,550 550 3.06%
FICA 14,645 16,569 18,400 18,900 500 2.72%
City Benefit Contribution 43,800 40,248 45,400 39,800 (5,600) -12.33%
Worker's Comp Insurance Prem 1,125 1,975 1,600 1,150 (450) -28.13%
Total Personal Services 288,968 321,362 323,800 325,350 1,550 0.48%
Supplies & Maintenance
Books & Periodicals 0 65 0 0 0 N/A
Total Supplies & Maintenance 0 65 0 0 0 N/A
Professional Services
Auditing and Acct'g Services 38,600 0 0 0 0 N/A
IT Services 4,125 7,875 10,000 15,000 5,000 50.00%
Total Professional Services 42,725 7,875 10,000 15,000 5,000 50.00%
Other Expenses
Travel Expenses 224 173 200 300 100 50.00%
Memberships 370 421 600 600 0 0.00%
Training & Development 6,537 4,520 5,000 5,000 0 0.00%
Total Other Expenses 7,132 5,114 5,800 5,900 100 1.72%
Finance Total 338,825 334,416 339,600 346,250 6,650 1.96%
City of Orono
2025 General Fund Budget - By Line Item
Finance
41500
Page 58 of 113 206
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Assessing Services
Assessing Services 234,000 254,000 270,000 0 (270,000) -100.00%
Total Assessing Service 234,000 254,000 270,000 0 (270,000) -100.00%
Assessing Total 234,000 254,000 270,000 0 (270,000) -100.00%
City of Orono
2025 General Fund Budget - By Line Item
Assessing
41550
Page 59 of 113 207
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services
Legal-Prosecution 36,476 43,625 45,000 50,000 5,000 11.11%
Legal-Consulting 79,851 98,966 75,000 65,000 (10,000) -13.33%
Code Enforcement 34 0 2,000 1,000 (1,000) -50.00%
Jail Charges 1,611 2,191 6,000 5,000 (1,000) -16.67%
Total Professional Services 117,972 144,782 128,000 121,000 (7,000) -5.47%
Law/Legal Services Total 117,972 144,782 128,000 121,000 (7,000) -5.47%
City of Orono
2025 General Fund Budget - By Line Item
Law/Legal Services
41600
Page 60 of 113 208
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses
Contributions to Civic Org's 0 9,500 12,000 12,000 0 0.00%
Total Other Expenses 0 9,500 12,000 12,000 0 0.00%
Human Services Total 0 9,500 12,000 12,000 0 0.00%
City of Orono
2025 General Fund Budget - By Line Item
Human Services
41800
Page 61 of 113 209
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 0 1,320 0 107,150 107,150 N/A
Part-Time Employees 16,756 19,209 64,800 0 (64,800) -100.00%
PERA (39)49 4,900 8,050 3,150 64.29%
FICA 1,661 1,794 5,000 8,200 3,200 64.00%
City Benefit Contribution 750 890 21,300 21,400 100 0.47%
Worker's Comp Insurance Prem 825 1,475 4,200 900 (3,300) -78.57%
Total Personal Services 19,953 24,736 100,200 145,700 45,500 45.41%
Supplies & Maintenance
Office supplies 7,947 6,105 11,000 10,000 (1,000) -9.09%
Equipment Parts & Accessories 899 7,531 1,000 5,000 4,000 400.00%
Bldg/Grounds Maint. Supplies 6,020 11,591 6,000 15,000 9,000 150.00%
Clothing & personal equipment 0 0 0 500 500 N/A
Repairs/Maint-Office Equip 6,600 7,551 500 5,000 4,500 900.00%
Repairs/Maint-Misc. Equip 500 0 0 0 0 N/A
Repairs/Maint-Bldgs/Grounds 29,816 37,592 46,000 46,000 0 0.00%
Janitorial Services 0 130 0 0 0 N/A
Software Licensing 0 120 0 0 0 N/A
Total Supplies & Maintenance 51,781 70,621 64,500 81,500 17,000 26.36%
Professional Services
Auditing and Acct'g Services 0 11,500 34,200 36,000 1,800 5.26%
IT Services 42,000 74,000 65,000 81,250 16,250 25.00%
Fleet Services 0 0 3,000 4,000 1,000 33.33%
Professional Services 24,461 14,048 8,000 15,000 7,000 87.50%
Total Professional Services 66,461 99,548 110,200 136,250 26,050 23.64%
Insurances
General Liability Ins 8,475 14,825 13,500 14,200 700 5.19%
Umbrella Liability Ins 12,450 21,150 32,000 33,600 1,600 5.00%
Bonds Insurance 600 1,200 0 0 0 N/A
Property Insurance 11,625 19,875 12,000 12,600 600 5.00%
Equipment Floaters Ins 0 0 0 0 0 N/A
Automotive Insurance 3,750 6,250 3,500 3,600 100 2.86%
Total Insurances 36,900 63,300 61,000 64,000 3,000 4.92%
City of Orono
2025 General Fund Budget - By Line Item
Central Services
41900
Page 62 of 113 210
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses
Bank Fees 451 1,657 1,000 1,000 0 0.00%
Telephone 17,409 18,525 16,000 16,000 0 0.00%
Postage 6,503 7,037 5,500 4,000 (1,500) -27.27%
Internet/Other Communications 419 495 0 0 0 N/A
General Advertising 702 4,902 0 500 500 N/A
Printing & Publishing 13,139 20,938 22,000 22,000 0 0.00%
Gas & Electric 24,092 46,590 40,000 40,000 0 0.00%
City Utilities 4,365 8,907 7,500 7,800 300 4.00%
Licenses & Taxes 220 370 500 500 0 0.00%
Other Miscellaneous Charges 1,868 24,595 1,000 1,000 0 0.00%
Total Other Expenses 69,167 134,015 93,500 92,800 (700) -0.75%
Central Services Total 244,263 392,220 429,400 520,250 90,850 21.16%
2025 General Fund Budget - By Line Item
Central Services
41900
City of Orono
Page 63 of 113 211
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 2,729,651 2,982,607 3,124,300 3,313,600 189,300 6.06%
Full-Time Employees Overtime 111,844 120,214 50,000 50,000 0 0.00%
Part-Time Employees 93,233 88,628 80,000 80,000 0 0.00%
Temporary/Seasonal Employees 0 0 0 0 0 N/A
Specialty Pay 0 15,879 33,000 33,000 0 0.00%
CSO/Cadets 0 20,360 25,100 62,300 37,200 148.21%
PERA 473,162 535,951 546,700 581,250 34,550 6.32%
FICA 54,476 66,024 63,500 70,200 6,700 10.55%
City Benefit Contribution 423,084 446,978 427,100 494,850 67,750 15.86%
Unemployment Benefit Payments 0 0 0 0 0 N/A
Worker's Comp Insurance Prem 156,000 307,500 250,300 148,300 (102,000) -40.75%
Total Personal Services 4,041,450 4,584,141 4,600,000 4,833,500 233,500 5.08%
Supplies & Maintenance
Office supplies 5,236 5,282 8,000 6,000 (2,000) -25.00%
Books & Periodicals 0 290 1,000 0 (1,000) -100.00%
Motor Fuels & Lubricants 111,735 78,331 140,000 140,000 0 0.00%
Equipment Parts & Accessories 9,250 5,830 15,000 12,000 (3,000) -20.00%
Bldg/Grounds Maint. Supplies 98 546 0 0 0 N/A
Clothing & personal equipment 29,051 43,609 33,000 36,000 3,000 9.09%
Training Supplies 15,960 30,689 20,000 20,000 0 0.00%
Explorers Program expenses 2,390 2,983 2,500 2,500 0 0.00%
Animal Supplies 0 139 0 0 0 N/A
Small Tools and Minor Equip 6,948 7,114 6,500 7,000 500 7.69%
Repairs/Maint-Office Equip 98 0 1,000 1,000 0 0.00%
Repairs/Maint-Auto Equip 33,661 24,627 20,000 6,000 (14,000) -70.00%
Repairs/Maint-Misc. Equip 3,607 5,509 5,500 5,500 0 0.00%
Repairs/Maint-Bldgs/Grounds 12,374 7,602 15,000 12,000 (3,000) -20.00%
Janitorial Services 0 967 15,500 15,500 0 0.00%
Software Licensing 5,111 13,788 0 0 0 N/A
Total Supplies & Maintenance 235,520 227,307 283,000 263,500 (19,500) -6.89%
Professional Services
Legal-Consulting 6,316 4,747 8,000 8,000 0 0.00%
LOGIS-Applications 93,684 106,728 110,810 115,300 4,490 4.05%
Data Processing Communication 9,706 12,519 10,000 12,000 2,000 20.00%
IT Services 71,250 128,750 150,000 215,000 65,000 43.33%
Fleet Services 0 0 25,000 50,000 25,000 100.00%
Animal Care 2,415 1,749 2,500 10,000 7,500 300.00%
Animal Professional Services 0 750 0 0 0 N/A
Professional Services 31,978 40,027 35,000 36,000 1,000 2.86%
Insurance Agent of Record 0 0 0 0 0 N/A
Total Professional Services 215,348 295,270 341,310 446,300 104,990 30.76%
Police
City of Orono
2025 General Fund Budget - By Line Item
42110
Page 64 of 113 212
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Insurances
General Liability Ins 48,750 86,250 90,000 94,500 4,500 5.00%
Umbrella Liability Ins 21,000 37,000 32,000 33,600 1,600 5.00%
Property Insurance 900 1,600 1,000 1,050 50 5.00%
Equipment Floaters Ins 0 0 0 0 0 N/A
Automotive Insurance 15,375 26,125 17,000 17,850 850 5.00%
Insurance Deductibles 0 0 0 0 0 N/A
Total Insurances 86,025 150,975 140,000 147,000 7,000 5.00%
Other Expenses
Telephone 24,261 19,284 24,000 24,000 0 0.00%
Postage 215 40 500 500 0 0.00%
Internet/Other Communications 0 0 0 0 0 N/A
Travel Expenses 125 234 300 300 0 0.00%
General Advertising 75 0 0 0 0 N/A
Printing & Publishing 701 811 1,500 1,500 0 0.00%
Gas & Electric 37,807 23,339 20,000 24,000 4,000 20.00%
City Utilities 1,035 3,918 3,000 4,000 1,000 33.33%
Office Equipment Rental 0 2,931 0 0 0 N/A
EDP/Communications Equip Rent 29,526 38,583 34,000 38,000 4,000 11.76%
Memberships 3,855 9,918 5,000 5,000 0 0.00%
Towing Charges 2,352 1,874 0 0 0 N/A
Training & Development 30,346 26,776 40,000 47,500 7,500 18.75%
Distribution to Other Govmnts 176,758 29,779 0 0 0 N/A
Meeting Expenses 2,269 1,523 2,000 2,000 0 0.00%
Special Equipment Replacement 0 29,892 0 0 0 N/A
Licenses & Taxes 383 218 1,300 1,000 (300) -23.08%
Other Miscellaneous Charges 414 182 2,500 2,000 (500) -20.00%
Total Other Expenses 310,125 189,301 134,100 149,800 15,700 11.71%
Capital Outlay
Automotive Equipment 105,954 139,270 200,000 200,000 0 0.00%
Office Equip and Furnishings 0 0 500 500 0 0.00%
IT Hardware & Applications 9,125 29,313 0 0 0 N/A
Other Equipment 76,061 10,756 21,000 21,000 0 0.00%
Total Capital Outlay 191,140 179,339 221,500 221,500 0 0.00%
Police Total 5,079,607 5,626,334 5,719,910 6,061,600 341,690 5.97%
42110
City of Orono
2025 General Fund Budget - By Line Item
Police
Page 65 of 113 213
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 0 117,353 129,600 139,950 10,350 7.99%
Full-Time Employees Overtime 0 0 0 0 0 N/A
Part-Time Employees 0 4,690 124,800 300,000 175,200 140.38%
Temporary/Seasonal Employees 0 0 69,000 0 (69,000) -100.00%
POC Fire Fighters 0 0 0 100,000 100,000 N/A
PERA 0 21,602 45,000 77,900 32,900 73.11%
FICA 0 1,737 4,700 7,850 3,150 67.02%
City Benefit Contribution 0 11,344 18,600 20,600 2,000 10.75%
Worker's Comp Insurance Prem 0 0 43,200 21,500 (21,700) -50.23%
Total Personal Services 0 156,725 434,900 667,800 232,900 53.55%
Supplies & Maintenance
Office supplies 0 0 1,000 2,000 1,000 100.00%
Printed Forms and Paper 0 0 10,000 0 (10,000) -100.00%
Public Safety Ed Materials 0 0 1,200 0 (1,200) -100.00%
Motor Fuels & Lubricants 0 2,053 5,000 10,000 5,000 100.00%
Shop Supplies 0 0 1,000 2,000 1,000 100.00%
Chemicals 0 0 1,000 1,600 600 60.00%
Medical Supplies 0 696 2,000 4,000 2,000 100.00%
Equipment Parts & Accessories 0 1,699 2,000 3,000 1,000 50.00%
Bldg/Grounds Maint. Supplies 0 0 1,000 2,000 1,000 100.00%
Clothing & personal equipment 0 6,707 117,000 40,000 (77,000) -65.81%
Training Supplies 0 0 500 2,000 1,500 300.00%
Small Tools and Minor Equip 0 0 4,000 8,000 4,000 100.00%
Repairs/Maint-Auto Equip 0 1,226 5,000 15,000 10,000 200.00%
Repairs/Maint-Misc. Equip 0 0 2,000 25,000 23,000 1150.00%
Total Supplies & Maintenance 0 12,381 152,700 114,600 (38,100) -24.95%
Insurances
General Liability Ins 0 0 6,500 6,800 300 4.62%
Umbrella Liability Ins 0 0 500 550 50 10.00%
Property Insurance 0 0 500 550 50 10.00%
Equipment Floaters Ins 0 0 1,000 1,050 50 5.00%
Automotive Insurance 0 0 1,000 1,050 50 5.00%
Total Insurances 0 0 9,500 10,000 500 5.26%
Professional Services
Medicals 0 4,123 10,000 0 (10,000) -100.00%
Legal-Consulting 0 2,958 2,000 2,000 0 0.00%
Turn Out Gear Washing-Repair 0 0 15,000 30,000 15,000 100.00%
IT Services 0 0 40,000 50,000 10,000 25.00%
Fleet Services 0 0 13,310 17,000 3,690 27.72%
Fire Services 471,462 589,974 664,940 558,000 (106,940) -16.08%
Professional Services 0 10,829 12,000 25,000 13,000 108.33%
Total Professional Services 471,462 607,884 757,250 682,000 (75,250) -9.94%
City of Orono
2025 General Fund Budget - By Line Item
Fire Protection Services
42260
Page 66 of 113 214
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses
Telephone 0 0 4,000 4,000 0 0.00%
Travel Expenses 0 0 500 1,000 500 100.00%
General Advertising 0 1,089 0 3,000 3,000 N/A
Printing & Publishing 0 0 0 5,000 5,000 N/A
Gas & Electric 0 0 14,000 18,000 4,000 28.57%
City Utilities 0 0 2,600 2,500 (100) -3.85%
EDP/Communications Equip Rent 0 0 36,000 40,000 4,000 11.11%
Memberships 0 541 2,500 4,000 1,500 60.00%
Training & Development 0 12,637 20,000 40,000 20,000 100.00%
Meeting Expenses 0 0 1,000 1,000 0 0.00%
Licenses & Taxes 0 100 0 100 100 N/A
Other Miscellaneous Charges 0 2,079 2,500 5,000 2,500 100.00%
Total Other Expenses 0 16,446 83,100 123,600 40,500 48.74%
Fire Protection Services Total 471,462 793,436 1,437,450 1,598,000 160,550 11.17%
City of Orono
2025 General Fund Budget - By Line Item
Fire Protection Services
42260
Page 67 of 113 215
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 490,833 543,400 569,400 602,350 32,950 5.79%
Full-Time Employees Overtime 0 0 200 200 0 0.00%
PERA 36,763 40,755 42,700 45,200 2,500 5.85%
FICA 35,921 43,298 43,600 46,100 2,500 5.73%
City Benefit Contribution 96,207 113,880 104,000 113,900 9,900 9.52%
Unemployment Benefit Payments 0 0 0 0 0 N/A
Worker's Comp Insurance Prem 2,475 4,625 4,000 2,950 (1,050) -26.25%
Total Personal Services 662,199 745,958 763,900 810,700 46,800 6.13%
Supplies & Maintenance
Books & Periodicals 573 0 350 350 0 0.00%
Motor Fuels & Lubricants 1,185 1,683 0 2,000 2,000 N/A
Equipment Parts & Accessories 0 18 200 0 (200) -100.00%
Clothing & personal equipment 0 0 1,000 800 (200) -20.00%
Small Tools and Minor Equip 0 0 500 500 0 0.00%
Repairs/Maint-Auto Equip 417 0 0 0 0 N/A
Total Supplies & Maintenance 2,175 1,701 2,050 3,650 1,600 78.05%
Professional Services
Engineering-Consulting 152 11,420 1,000 2,000 1,000 100.00%
GIS/Mapping 0 5,132 2,000 3,000 1,000 50.00%
Legal-Consulting 10,954 11,488 15,000 15,000 0 0.00%
Inspection Services 27,091 10,932 20,000 15,000 (5,000) -25.00%
IT Services 19,500 34,500 30,000 37,500 7,500 25.00%
Fleet Services 0 0 1,500 2,000 500 33.33%
Professional Services 2,366 4,134 10,000 5,000 (5,000) -50.00%
Total Professional Services 60,063 77,605 79,500 79,500 0 0.00%
Other Expenses
Telephone 3,226 1,987 2,500 2,500 0 0.00%
Travel Expenses 159 166 250 250 0 0.00%
General Advertising 1,328 932 0 0 0 N/A
Printing & Publishing 0 109 1,600 1,600 0 0.00%
Software Licensing 0 4,186 0 0 0 N/A
Memberships 1,739 1,497 2,000 2,000 0 0.00%
Training & Development 4,994 7,796 11,000 8,000 (3,000) -27.27%
Meeting Expenses 0 10 100 100 0 0.00%
Licenses & Taxes 19 0 0 50 50 N/A
Total Other Expenses 11,465 16,685 17,450 14,500 (2,950) -16.91%
Building & Zoning Total 735,903 841,949 862,900 908,350 45,450 5.27%
City of Orono
2025 General Fund Budget - By Line Item
Building & Zoning
42400
Page 68 of 113 216
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 224,612 187,588 204,900 213,800 8,900 4.34%
Full-Time Employees Overtime 8,296 6,152 11,000 11,000 0 0.00%
PERA 17,374 13,621 15,000 15,700 700 4.67%
FICA 17,023 14,687 16,500 17,200 700 4.24%
City Benefit Contribution 86,003 26,270 34,900 37,000 2,100 6.02%
Worker's Comp Insurance Prem 9,525 14,175 13,600 9,000 (4,600) -33.82%
Total Personal Services 362,833 262,493 295,900 303,700 7,800 2.64%
Supplies & Maintenance
Books & Periodicals 218 530 0 0 0 N/A
Motor Fuels & Lubricants 8,638 487 0 500 500 N/A
Equipment Parts & Accessories 7,205 6,213 2,000 2,100 100 5.00%
Vehicle Equipment & Parts 3,551 6,007 0 0 0 N/A
Street Maint. Materials/Supply 47,954 106,219 85,000 87,550 2,550 3.00%
Clothing & personal equipment 11,283 9,770 11,000 11,350 350 3.18%
Small Tools and Minor Equip 12,136 9,499 4,500 5,000 500 11.11%
Telephone 4,597 7,225 4,500 4,800 300 6.67%
Repairs/Maint-Auto Equip 7,583 1,096 0 0 0 N/A
Repairs/Maint-Misc. Equip 1,544 16,892 10,000 10,000 0 0.00%
Repairs/Maint-Bldgs/Grounds 16,244 5,044 10,000 5,000 (5,000) -50.00%
Tree - Repairs/Maint.0 0 0 50,000 50,000 N/A
Contracted Street Maint.55,783 130,385 80,000 50,000 (30,000) -37.50%
Total Supplies & Maintenance 176,737 299,367 207,000 226,300 19,300 9.32%
Professional Services
PW Engineering-Consulting 0 1,256 1,000 1,500 500 50.00%
GIS/Mapping 0 3,809 1,000 1,000 0 0.00%
IT Services 3,000 5,500 10,000 12,500 2,500 25.00%
Fleet Services 75,000 125,000 120,000 152,000 32,000 26.67%
Professional Services 1,535 2,335 0 1,100 1,100 N/A
Total Professional Services 79,535 137,899 132,000 168,100 36,100 27.35%
City of Orono
2025 General Fund Budget - By Line Item
Public Works
43000
Page 69 of 113 217
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses
Travel Expenses 32 0 0 0 0 N/A
General Advertising 964 349 0 750 750 N/A
Gas & Electric 7,499 5,681 6,500 6,500 0 0.00%
Street Lighting 29,966 37,988 35,000 34,000 (1,000) -2.86%
EDP/Communications Equip Rent 0 297 2,400 1,200 (1,200) -50.00%
Other Equipment Rentals 4,276 5,492 4,000 4,000 0 0.00%
Memberships 580 239 500 500 0 0.00%
Training & Development 2,247 8,856 6,000 4,000 (2,000) -33.33%
Licenses & Taxes 0 270 0 50 50 N/A
Other Miscellaneous Charges 2,859 9,874 750 1,000 250 33.33%
Total Other Expenses 48,423 69,045 55,150 52,000 (3,150) -5.71%
Public Works Total 667,528 768,804 690,050 750,100 60,050 8.70%
City of Orono
2025 General Fund Budget - By Line Item
Public Works
43000
Page 70 of 113 218
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 48,121 73,481 69,100 72,000 2,900 4.20%
Full-Time Employees Overtime 1,441 3,102 0 0 0 N/A
PERA 3,670 6,137 5,200 5,400 200 3.85%
FICA 3,640 6,044 5,300 5,550 250 4.72%
City Benefit Contribution 6,835 11,099 13,300 13,900 600 4.51%
Worker's Comp Insurance Prem 0 0 5,500 3,650 (1,850) -33.64%
Total Personal Services 63,706 99,863 98,400 100,500 2,100 2.13%
Supplies & Maintenance
Street Maint. Materials/Supply 1,295 0 0 0 0 N/A
Utility System Maint. Supplies 1,757 2,167 0 0 0 N/A
Total Supplies & Maintenance 3,053 2,167 0 0 0 N/A
Professional Services
IT Services 0 0 500 650 150 30.00%
Fleet Services 750 1,250 1,500 2,000 500 33.33%
Professional Services 9,039 2,673 0 0 0 N/A
Total Professional Services 9,789 3,923 2,000 2,650 650 32.50%
Other Expenses
Other Miscellaneous Charges 2,670 5,414 0 0 0 N/A
Total Other Expenses 2,670 5,414 0 0 0 N/A
Public Works - Spring Park Total 79,218 111,366 100,400 103,150 2,750 2.74%
City of Orono
2025 General Fund Budget - By Line Item
PW - Spring Park
43050
Page 71 of 113 219
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Temporary/Seasonal Employees 10,518 10,996 11,500 11,500 0 0.00%
PERA 0 825 0 900 900 N/A
FICA 153 841 900 900 0 0.00%
Worker's Comp Insurance Prem 0 0 700 150 (550) -78.57%
Total Personal Services 10,670 12,662 13,100 13,450 350 2.67%
Supplies & Maintenance
Bldg/Grounds Maint. Supplies 70 555 250 250 0 0.00%
Repairs/Maint-Bldgs/Grounds 410 238 35,000 30,000 (5,000) -14.29%
Total Supplies & Maintenance 480 793 35,250 30,250 (5,000) -14.18%
Other Expenses
Bank Fees 0 4 0 50 50 N/A
IT Services 188 313 500 650 150 30.00%
Telephone 883 1,298 950 1,000 50 5.26%
General Liability Ins 75 25 100 100 0 0.00%
Gas & Electric 347 408 370 400 30 8.11%
Other Equipment Rentals 225 840 650 850 200 30.77%
Other Miscellaneous Charges 27,200 16,405 0 0 0 N/A
Total Other Expenses 28,917 19,292 2,570 3,050 480 18.68%
Brush Site Total 40,068 32,748 50,920 46,750 (4,170) -8.19%
City of Orono
2025 General Fund Budget - By Line Item
Brush Site
43100
Page 72 of 113 220
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services
Engineering-Retainer 14,559 1,449 0 0 0 N/A
Engineering-Consulting 10,205 3,264 10,000 10,000 0 0.00%
GIS/Mapping 6,885 30,476 15,000 16,000 1,000 6.67%
Total Professional Services 31,649 35,189 25,000 26,000 1,000 4.00%
Engineering Total 31,649 35,189 25,000 26,000 1,000 4.00%
43170
City of Orono
2025 General Fund Budget - By Line Item
Engineering
Page 73 of 113 221
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 109,099 178,938 192,500 104,150 (88,350) -45.90%
Full-Time Employees Overtime 1,331 1,147 0 0 0 N/A
Part-Time Employees 16,280 17,017 0 0 0 N/A
Temporary/Seasonal Employees 0 800 16,700 16,700 0 0.00%
PERA 8,241 12,230 14,400 7,850 (6,550) -45.49%
FICA 9,761 14,370 15,900 9,250 (6,650) -41.82%
City Benefit Contribution 16,910 25,104 23,900 18,900 (5,000) -20.92%
Worker's Comp Insurance Prem 9,750 18,350 15,900 7,950 (7,950) -50.00%
Total Personal Services 171,372 267,956 279,300 164,800 (114,500) -41.00%
Supplies & Maintenance
Motor Fuels & Lubricants 31 6,252 300 4,000 3,700 1233.33%
Chemicals 0 4,949 10,000 12,000 2,000 20.00%
Equipment Parts & Accessories 12,780 15,022 13,400 13,400 0 0.00%
Building Maint Supplies 10,443 8,143 15,000 12,000 (3,000) -20.00%
Clothing & personal equipment 1,184 2,499 2,000 2,000 0 0.00%
Small Tools and Minor Equip 0 600 2,500 2,500 0 0.00%
Repairs/Maint-Auto Equip 309 212 0 0 0 N/A
Repairs/Maint-Misc. Equip 0 0 0 0 0 N/A
Repairs/Maint-Bldgs/Grounds 71,097 83,079 73,000 73,000 0 0.00%
Total Supplies & Maintenance 95,844 120,756 116,200 118,900 2,700 2.32%
Professional Services
Engineering-Consulting 11,119 27,821 1,000 1,000 0 0.00%
GIS/Mapping 0 0 1,000 1,000 0 0.00%
IT Services 825 1,475 1,500 2,000 500 33.33%
Fleet Services 4,950 8,250 7,000 10,000 3,000 42.86%
Event Services 0 0 0 20,000 20,000 N/A
Professional Services 12,030 4,299 10,000 10,000 0 0.00%
Total Professional Services 28,923 41,845 20,500 44,000 23,500 114.63%
2025 General Fund Budget - By Line Item
Parks
City of Orono
45200
Page 74 of 113 222
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses
Telephone 1,898 1,411 1,000 1,000 0 0.00%
Travel Expenses 0 0 0 0 0 N/A
Printing & Publishing 694 1,396 450 450 0 0.00%
Gas & Electric 382 844 600 600 0 0.00%
Other Equipment Rentals 10,036 7,172 11,000 11,000 0 0.00%
Software Licensing 0 0 0 0 0 N/A
Memberships 0 0 0 600 600 N/A
Training & Development 0 1,634 1,000 1,000 0 0.00%
Meeting Expenses 0 0 0 0 0 N/A
Licenses & Taxes 559 175 500 0 (500) -100.00%
Park Commission 1,338 364 1,000 0 (1,000) -100.00%
Other Miscellaneous Charges 2,395 563 200 600 400 200.00%
Contributions to Civic Org's 0 0 0 100 100 N/A
Total Other Expenses 17,302 13,559 15,750 15,350 (400)0
Parks Total 313,442 444,117 431,750 343,050 (88,700) -20.54%
City of Orono
2025 General Fund Budget - By Line Item
Parks
45200
Page 75 of 113 223
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 82,941 0 0 0 0 N/A
Full-Time Employees Overtime 0 0 0 0 0 N/A
Part-Time Employees 11,710 0 0 0 0 N/A
Temporary/Seasonal Employees 51,624 0 0 0 0 N/A
PERA 7,156 (0)0 0 0 N/A
FICA 8,209 (0)0 0 0 N/A
City Benefit Contribution 1,444 0 0 0 0 N/A
Unemployment Benefit Payments 0 0 0 0 0 N/A
OPEB Expense 0 0 0 0 0 N/A
Worker's Comp Insurance Prem 6,750 0 0 0 0 N/A
Total Personal Services 169,833 (0)0 0 0 N/A
Supplies & Maintenance
Office supplies 125 0 0 0 0 N/A
Chemicals 10,555 0 0 0 0 N/A
Motor Fuels & Lubricants 18,952 0 0 0 0 N/A
Equipment Parts & Accessories 1,823 0 0 0 0 N/A
Building Maint Supplies 7,963 0 0 0 0 N/A
Landscape Supplies 0 0 0 0 0 N/A
Clothing & personal equipment 1,070 0 0 0 0 N/A
Small Tools and Minor Equip 1,291 0 0 0 0 N/A
Repairs/Maint-Office Equip 0 0 0 0 0 N/A
Repairs/Maint-Auto Equip 7,591 0 0 0 0 N/A
Repairs/Maint-Misc. Equip 612 0 0 0 0 N/A
Repairs/Maint-Bldgs/Grounds 13,708 0 0 0 0 N/A
Total Supplies & Maintenance 63,690 0 0 0 0 N/A
Insurances
General Liability Ins 6,113 0 0 0 0 N/A
Umbrella Liability Ins 1,238 0 0 0 0 N/A
Boiler & Machinery Ins 330 0 0 0 0 N/A
Property Insurance 2,250 0 0 0 0 N/A
Equipment Floaters Ins 248 0 0 0 0 N/A
Automotive Insurance 330 0 0 0 0 N/A
Dram Shop Insurance 488 0 0 0 0 N/A
Total Insurances 10,995 0 0 0 0 N/A
2025 General Fund Budget - By Line Item
Golf Course
45210
City of Orono
Page 76 of 113 224
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses
Engineering-Consulting 00000N/A
Bank Fees 11,100 0 0 0 0 N/A
IT Services 1,875 0 0 0 0 N/A
Fleet Services 11,250 0 0 0 0 N/A
Professional Services 14,399 0 0 0 0 N/A
Telephone 4,468 0 0 0 0 N/A
Travel Expenses 0 0 0 0 0 N/A
General Advertising 909 0 0 0 0 N/A
Printing & Publishing 00000N/A
Gas & Electric 11,690 0 0 0 0 N/A
City Utilities 146 0 0 0 0 N/A
Other Equipment Rentals 25,232 0 0 0 0 N/A
Uncollectible Checks-Cash 50 0 0 0 0 N/A
Memberships 430 0 0 0 0 N/A
Training & Development 308 0 0 0 0 N/A
Administrative Charge 0 0 0 0 0 N/A
Special Equipment Replacement 00000N/A
Licenses & Taxes 359 0 0 0 0 N/A
Other Miscellaneous Charges 43 0 0 0 0 N/A
Total Other Expenses 82,258 0 0 0 0 N/A
Purchases for Resale
PURCHASES FOR RESALE 0 0 0 0 0 N/A
Beer For Resale 11,849 0 0 0 0 N/A
Soft Drinks For Resale 3,395 0 0 0 0 N/A
Concessions For Resale-Txbl 2,254 0 0 0 0 N/A
Concessions For Resale-NonTax 1,381 0 0 0 0 N/A
Pro Shop Items For Resale 3,139 0 0 0 0 N/A
Other For Resale 0 0 0 0 0 N/A
Total Purchases for Resale 22,019 0 0 0 0 N/A
Golf Course Total 348,795 (0)0 0 0 N/A
2025 General Fund Budget - By Line Item
Golf Course
City of Orono
45210
Page 77 of 113 225
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Overtime 28,270 79,594 35,000 35,000 0 0.00%
PERA 3,616 7,504 2,600 2,650 50 1.92%
FICA 321 547 2,700 2,700 0 0.00%
City Benefit Contribution 0 0 0 0 0 N/A
Worker's Comp Insurance Prem 675 1,225 1,100 650 (450) -40.91%
Total Personal Services 32,882 88,870 41,400 41,000 (400) -0.97%
Professional Services
Engineering-Consulting 32,075 15,985 50,000 35,000 (15,000) -30.00%
Legal-Consulting 19,835 16,505 20,000 20,000 0 0.00%
Professional Services 0 0 0 0 0 N/A
Special Projects, Contingency 00000N/A
Total Professional Services 51,910 32,490 70,000 55,000 (15,000) -21.43%
Other Expenses
Distribution to Other Govmnts 0 302,708 0 0 0 N/A
Other Miscellaneous Charges 500 0 0 0 0 N/A
Total Other Expenses 500 302,708 0 0 0 N/A
Special Services - Consulting & Police Total 85,292 424,069 111,400 96,000 (15,400) -13.82%
City of Orono
2025 General Fund Budget - By Line Item
Special Services
43280
Page 78 of 113 226
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services
Engineering-Consulting 00000N/A
Professional Services 0 0 0 0 0 N/A
Total Professional Services 0 0 0 0 0 N/A
Other Expenses
Other Miscellaneous Charges 0 0 0 0 0 N/A
Total Other Expenses 0 0 0 0 0 N/A
Capital & Transfers
Land 4,250 0 0 0 0 N/A
Operating Transfers 300,000 1,580,000 200,000 177,450 (22,550) -11.28%
Total Capital & Transfers 304,250 1,580,000 200,000 177,450 (22,550) -11.28%
Contingency Items
Special Projects, Contingency 14,256 4,775 30,000 15,000 (15,000) -50.00%
Total Contingency Items 14,256 4,775 30,000 15,000 (15,000) -50.00%
Special Projects-Contingencies Total 318,506 1,584,775 230,000 192,450 (37,550) -16.33%
GENERAL FUND TOTAL 9,578,346 12,362,884 11,536,630 11,935,000 398,370 3.45%
2025 General Fund Budget - By Line Item
Special Project & Contingencies
43290
City of Orono
Page 79 of 113 227
2022 Actual 2023 Actual CY thru
11/30/2024
2025
Adopted
Budget
Account Title
Park Fund
Current Ad Valorem Taxes 98,862.06 148,729.84 99,299.82 200,000.00
Interest on investments 890.00 1,220.35 0.00 17,400.00
Park Dedication Fees 7,415.00 62,445.74 22,481.74 10,000.00
Park Fund Revenue Total 107,167.06 212,395.93 121,781.56 227,400.00
Drug/Forfeiture Fund
Interest on investments -20,953.00 35,688.93 0.00 22,400.00
Drug/Forfeiture Fund Revenue Total -20,953.00 35,688.93 0.00 22,400.00
Lurton Park Fund
Off Leash Annual Pass 26,173.00 28,525.48 20,626.50 28,840.00
Contributions & donations 0.00 0.00 1,200.00 1,000.00
Lurton Park Fund Revenue Total 26,173.00 28,525.48 21,826.50 29,840.00
TIF Housing Fund
Current R.E.- St Hsng TIF #1-1 87,358.12 78,908.48 84,750.11 93,000.00
Interest on investments -4,227.00 2,308.49 0.00 3,700.00
TIF Housing Fund Revenue Total 83,131.12 81,216.97 84,750.11 96,700.00
Carman Bay LID Fund
Penalties and Interest-Taxes 39.54 39.02 35.32 50.00
Assessments collected-current 22,682.95 22,658.94 13,637.03 33,600.00
Carman Bay LID Fund Fund Revenue Total 22,722.49 22,697.96 13,672.35 33,650.00
Total Revenue 218,240.67 380,525.27 242,030.52 409,990.00
City of Orono
2025 Special Revenue Fund Revenue Budget
1Page 80 of 113 228
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Bldg/Grounds Maint. Supplies 2,978 - - - - N/A
Engineering-Consulting 7,721 2,296 - 5,000 5,000 N/A
Professional Services 19,560 - - - - N/A
Other Miscellaneous Charges - - - - - N/A
Land Improvements (23,109) 11,036 - - - N/A
Buildings and Structures - - - - - N/A
Other Improvements - - 40,000 171,400 131,400 328.50%
Other Equipment 78,268 15,720 - - - N/A
Operating Transfers - - - - - N/A
Park Fund Total 85,417 29,052 40,000 176,400 136,400 341.00%
City of Orono
Park Fund
45200
Special Revenue Fund Expenditure Budget - 2025 Budget Detail
Page 81 of 113 229
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Legal-Consulting 434 - 20,000 - (20,000) -100.00%
Towing Charges 155 2,171 3,000 - (3,000) -100.00%
Licenses & Taxes - - 1,000 - (1,000) -100.00%
Other Miscellaneous Charges - - 1,000 - (1,000) -100.00%
Other Equipment - - - 81,500 81,500 N/A
589 2,171 25,000 81,500 56,500 226.00%
City of Orono
Drug/Felony Forfieture Fund
45650
Special Revenue Fund Expenditure Budget - 2025 Budget Detail
Drug/Felony Forfeiture Fund Total
Page 82 of 113 230
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Equipment Parts & Accessories - - - 2,000 2,000 N/A
Engineering-Consulting - 411 - - - N/A
Other Improvements - - - - - N/A
- 411 - 2,000 2,000 N/A
City of Orono
Lurton Park
Special Revenue Fund Expenditure Budget - 2025 Budget Detail
45680
Lurton Park Total
Page 83 of 113 231
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services 6,543 718 5,000 3,500 (1,500) -30.00%
Printing & Publishing 131 - 500 200 (300) -60.00%
Other Miscellaneous Charges 39,732 153,848 114,500 93,000 (21,500) -18.78%
Senior Housing TIF Fund Total 46,406 154,565 120,000 96,700 (23,300) -19.42%
45690
Senior Housing TIF
Special Revenue Fund Expenditure Budget - 2025 Budget Detail
City of Orono
Page 84 of 113 232
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Miscellaneous Charges 39,220 22,665 - 33,550 33,550 N/A
Carman Bay LID Total 39,220 22,665 - 33,550 33,550 N/A
Carman Bay LID
25694
Special Revenue Fund Expenditure Budget - 2025 Budget Detail
City of Orono
Page 85 of 113 233
2025
Adopted
Budget
Water Fund
Revenue 1,722,000.00
Expenditure 1,428,600.00
Difference 293,400.00
Sewer Fund
Revenue 2,390,000.00
Expenditure 2,364,400.00
Difference 25,600.00
Recycling Fund
Revenue 295,500.00
Expenditure 275,600.00
Difference 19,900.00
Golf Course Fund
Revenue 452,650.00
Expenditure 450,330.00
Difference 2,320.00
Cable Fund
Revenue 73,100.00
Expenditure 72,200.00
Difference 900.00
Stormwater Fund
Revenue 790,000.00
Expenditure 681,700.00
Difference 108,300.00
Total Enterprise Funds Revenue 5,723,250.00
Total Enterprise Funds Expenditure 5,272,830.00
Difference 450,420.00
Enterprise Funds Overview
2025 Budget Summary
Page 86 of 113 234
2022 Actual 2023 Actual CY thru
11/30/2024
2025
Adopted
Budget
Account Title
Water Fund
Penalties and Interest-Taxes 157.30 14.48 10.71 0.00
Federal Grant-other 460,000.00 0.00 0.00 0.00
PERA Pension - Other Revenue 1,095.00 22.00 0.00 0.00
Levy 17482 Myrtlewood w/s 9,600.00 0.00 0.00 0.00
Water Sales/Service-Navarre 942,674.62 820,569.47 589,969.49 854,000.00
Water Sales/Service-Hwy 12 646,796.21 616,750.85 356,942.32 642,000.00
Water Sales/Service-Wayzata 152,881.73 188,180.81 122,575.06 196,000.00
Water Sales/Service-Long Lake 42,914.29 48,323.44 33,471.06 0.00
Other Water Receipts 850.00 0.00 0.00 0.00
Utility Penalties 13,418.36 -13,348.04 6,561.51 10,000.00
Interest on investments -49,505.00 69,582.46 0.00 10,000.00
Miscellaneous Revenue 17,667.99 20,358.54 15,511.59 10,000.00
Water Fund Revenue Total 2,238,550.50 1,750,454.01 1,125,041.74 1,722,000.00
Sewer Fund
Penalties and Interest-Taxes 4,377.19 2,306.66 712.21 0.00
Federal Grant-Emrgncy Prep 0.00 451,304.58 0.00 0.00
PERA Pension - Other Revenue 1,078.00 22.00 0.00 0.00
Grants/Aids from Other Govts 0.00 57,606.00 0.00 0.00
Levy 17482 Myrtlewood w/s 7,698.00 0.00 0.00 0.00
Sewr Service Charges 2,264,660.32 2,264,156.80 1,877,665.63 2,356,000.00
Other Sewer Receipts 19,552.75 17,000.00 16,850.00 15,000.00
Sewer Connection Fee 11,210.00 21,530.00 0.00 10,000.00
Utility Penalties 4,954.97 -4,499.93 7,680.83 4,000.00
Interest on investments -112,058.00 121,678.30 0.00 5,000.00
Sewer Fund Revenue Total 2,201,473.23 2,931,104.41 1,902,908.67 2,390,000.00
Recycling Fund
PERA Pension - Other Revenue 39.00 0.00 0.00 0.00
County Grant-Recycling 8,485.97 8,518.56 0.00 8,000.00
Recycling Program Fees 238,912.85 254,843.32 207,919.28 281,000.00
Utility Penalties 694.76 769.07 843.67 500.00
Interest on investments -2,596.00 3,806.29 0.00 1,000.00
Miscellaneous Revenue 8,807.49 13,519.74 11,006.44 5,000.00
Recycling Fund Revenue Total 254,344.07 281,456.98 219,769.39 295,500.00
City of Orono
2025 Enterprise Fund Revenue Budget
Page 87 of 113 235
2022 Actual 2023 Actual CY thru
11/30/2024
2025
Adopted
Budget
Account Title
Golf Fund
PERA Pension - Other Revenue 0.00 8.00 0.00 0.00
Green Fees 0.00 280,348.74 231,468.05 285,000.00
Rental-Golf carts & Club 0.00 112,871.38 90,064.25 117,500.00
Beer Sales 0.00 26,473.66 17,940.26 25,000.00
Pop Sales 0.00 0.00 339.07 0.00
Concessions-taxable 0.00 12,215.29 10,841.50 15,000.00
Golf Ball Sales 0.00 4,960.28 4,611.90 5,000.00
Pro Shop-taxable 0.00 1,073.22 1,892.86 1,500.00
Pro Shop-nontaxable 0.00 3,666.89 3,721.85 3,500.00
Interest on investments 0.00 148.00 0.00 150.00
Miscellaneous Revenue 0.00 3.00 814.11 0.00
Contributions & donations 0.00 0.00 20,225.00 0.00
Contributed Assets 0.00 70,525.00 0.00 0.00
Golf Fund Revenue Total 0.00 512,294.46 381,917.85 452,650.00
Cable Fund
PERA Pension - Other Revenue 31.00 0.00 0.00 0.00
Franchise Fees 72,959.76 68,367.77 47,471.39 73,000.00
Interest on investments -1,860.00 -13.33 0.00 100.00
Cable Fund Revenue Total 71,130.76 68,354.44 47,471.39 73,100.00
Stormwater Fund
PERA Pension - Other Revenue 247.00 9.00 0.00 0.00
Utility Penalties 1,894.56 2,065.33 2,205.92 0.00
Storm Water Sevice Chgs 739,190.90 763,556.91 609,670.61 780,000.00
St Wtr/Drainage Trunk Fees 16,120.00 5,251.00 21,180.00 5,000.00
Interest on investments -78,960.00 110,112.24 0.00 5,000.00
Stormwater Fund Revenue Total 678,492.46 880,994.48 633,056.53 790,000.00
Total Enterprise Fund 5,443,991.02 6,424,658.78 4,310,165.57 5,723,250.00
Page 88 of 113 236
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 365,600 344,017 355,100 376,350 21,250 5.98%
Supplies & Maintenance 227,033 311,076 197,500 213,200 15,700 7.95%
Professional Services 40,561 77,500 104,900 124,500 19,600 18.68%
Insurances 19,500 33,400 21,400 22,450 1,050 4.91%
Other Expenses 496,579 517,626 551,000 542,400 (8,600) -1.56%
Non-Operating Expenses 31,473 1,025,175 169,300 149,700 (19,600) -11.58%
Total Water Fund 1,180,746 2,308,794 1,399,200 1,428,600 29,400 2.10%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Water Department Staff.
* Non-Operating Expenses includes bond payment transfers and transfer to Facilities Fund.
* Professional Services includes a portion of the costs related to the City's annual financial audit, IT Services, Fleet Services and engineering
consulting costs related to water projects.
The Water Operating Fund provides for the funding of the City's water distribution system. These funds are accounted for separately and are
designed to be funded through water rates.
Staff includes: Public Works Superintendent (.2 FTE), Public Works Supervisor (.5 FTE), Maintenance Workers (2.1 FTE, Administrative
Assistant (.25 FTE) and a Seasonal Employee.
* Supplies & Maintenance includes the operating supplies and maintenance for the water distribution system.
* Other Expenses include power supply costs, purchased water from the City of Wayzata, and a depreciation charge on the fixed assets.
City of Orono
2025 Enterprise Fund Expenditure Budget - Departmental Summary
Water
49400
Page 89 of 113 237
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 353,892 347,415 362,000 369,600 7,600 2.10%
Supplies & Maintenance 161,709 151,877 218,000 249,000 31,000 14.22%
Professional Services 46,157 98,658 105,160 125,000 19,840 18.87%
Insurances 11,036 19,219 15,540 16,350 810 5.21%
Other Expenses 1,395,882 1,461,063 1,482,440 1,449,450 (32,990) -2.23%
Non-Operating Expenses 82,500 1,046,750 744,300 155,000 (589,300) -79.18%
Total Sewer Fund 2,051,176 3,124,981 2,927,440 2,364,400 (563,040) -19.23%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Sewer Department Staff.
* Non-Operating Expenses includes bond payment transfers and transfer to Facilities Fund.
* Supplies & Maintenance includes the operating supplies and maintenance for the sewer collection system.
* Professional Services includes a portion of the costs related to the City's annual financial audit, IT Services, Fleet Services and engineering
consulting costs related to sewer projects.
City of Orono
2025 Enterprise Fund Expenditure Budget - Departmental Summary
Sewer
49450
* Other Expenses includes the City's disposal charges with the Metropolitan Council Environmental Service (MCES), and a depreciation charge
on fixed assets.
The Sewer Operating Fund provides for the funding of the City's sewer collection system. The funds are accounted for separately and are
designed to be funded primarily through sewer unit charges.
Staff includes: Public Works Superintendent (.2 FTE), Public Works Supervisor (.5 FTE), Maintenance Workers (2.15 FTE), Administative
Support (.25 FTE), and a Seasonal Employee.
Page 90 of 113 238
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 5,938 13,686 18,500 19,500 1,000 5.41%
Professional Services 223,289 207,044 230,000 236,000 6,000 2.61%
Insurances 375 225 1,000 1,200 200 20.00%
Other Expenses 14,305 21,545 24,100 18,900 (5,200) -21.58%
Total Recycling Fund 243,907 242,500 273,600 275,600 2,000 0.73%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services are a portion of the City Clerk's wages and the wages for City Staff whom participate in the spring cleanup.
* Professional Services includes the costs associated with recycling collection and IT services.
* Insurance includes liability insurance for the City clean-up days.
* Other Expenses includes administrative charges, haul out of clean-up day collections and cost of the City's organic recycling sites.
The city participates in a program to provide curbside recycling service. In addition, the City also provides a spring and fall clean-up day for
residents who have materials unsuitable for curbside recycling pickup.
City of Orono
2025 Enterprise Fund Expenditure Budget - Departmental Summary
Recycling
49500
Page 91 of 113 239
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 0 304,421 179,700 231,650 51,950 28.91%
Supplies & Maintenance 0 56,613 55,600 52,200 (3,400) -6.12%
Insurances 0 15,140 14,700 15,880 1,180 8.03%
Professional Services 0 22,037 17,500 23,500 6,000 34.29%
Other Expenses 0 68,099 63,000 89,100 26,100 41.43%
Purchases for Resale 0 25,863 19,500 28,000 8,500 43.59%
Non-Operating Expenses 0 0 0 10,000 10,000 N/A
Golf Course Total 0 492,174 350,000 450,330 100,330 28.67%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services are a portion of the City Clerk's wages (10%) and the wages for City Staff whom participate in the spring cleanup.
* Supplies & Maintenance include general operating supplies for the course and equipment repairs and maintenance.
* Insurance includes general liability, property, equipment and liquor liability insurance for the golf course.
* Professional Services includes the costs associated with audit, IT and fleet services.
* Other Expenses include utilities, golf cart rental, and advertising.
* Purchase for Resale are items that are food, beverage, clothing and golf supplies that are sold in the clubhouse.
* Non-Operating Expenses are transfers to the Equipment Improvement Outlay fund for golf course related capital purchases.
49830
Staff includes: Parks and Facilities Superintendent (33%), Golf Course Superintendent (67%), Clubhouse Manager/Events Coordinator and
seasonal clubhouse attendants and seasonal golf course maintenance workers.
In 2023, the Golf Course Enterprise Fund was reestablished to account for Golf activities. The Golf Course is no longer to be supported by
property taxes.
City of Orono
2025 Enterprise Fund Expenditure Budget - Departmental Summary
Golf Course
Page 92 of 113 240
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services (8,845) (4,633)0 0 0 N/A
Professional Services 11,410 16,540 27,000 10,000 (17,000) -62.96%
Other Expenses 61,376 56,134 35,600 62,200 26,600 74.72%
Total Cable Fund 63,941 68,041 62,600 72,200 9,600 15.34%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Professional Services includes IT Services.
* Other Expenses include webcasting/online content and an administrative charge to the General Fund
The Cable TV Fund was created to account for the Franchise fees that are collectected as part of the City's Franchise agreement with
Mediacom. Expenditures include costs associated with recording and streaming meetings.
Cable Franchise
49840
City of Orono
2025 Enterprise Fund Expenditure Budget - Departmental Summary
Page 93 of 113 241
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 76,870 213,339 239,100 220,700 (18,400) -7.70%
Supplies & Maintenance 21,493 32,379 19,000 24,000 5,000 26.32%
Professional Services 37,317 52,482 47,500 53,500 6,000 12.63%
Insurances 3,075 5,425 4,900 6,050 1,150 23.47%
Other Expenses 163,606 182,542 192,100 191,450 (650) -0.34%
Non-Operating Expenses 138,583 1,003,600 0 186,000 186,000 N/A
Total Stormwater Fund 440,944 1,489,767 502,600 681,700 179,100 35.63%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services inlcudes the wages and employment taxes for the Public Works Department Staff.
* Supplies & Maintenance includes material associated with culvert maintenance.
* Professional Services includes engineering, annual audit charges, IT service and fleet service.
* Other Expenses includes postage, depreciation, radios, training and development, administrative charge and the annual LMCD Levy.
Total Enterprise Fund 3,980,714 7,726,256 5,515,440 5,272,830 (242,610) -4.40%
Stormwater
City of Orono
2025 Enterprise Fund Expenditure Budget - Departmental Summary
The Stormwater Operating Fund provide sfunding to for the City's Stormwater responsibilities. The funds are accounted for separately and are
designed to be funded primarily through stormwater service and trunk fees.
Staff includes: Public Works Superintendent (.2 FTE), Public Works Supervisor (.5 FTE), Maintenance Workers (.5 FTE), Administative
Support (.20 FTE), and a Seasonal Employee.
49910
Page 94 of 113 242
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 236,677 242,213 237,900 257,150 19,250 8.09%
Full-Time Employees Overtime 7,622 9,915 10,000 10,000 0 0.00%
Part-Time Employees 0 0 0 0 0 N/A
Temporary/Seasonal Employees 0 0 16,000 16,000 0 0.00%
PERA 18,244 19,640 18,600 20,050 1,450 7.80%
FICA 18,215 20,202 20,200 21,700 1,500 7.43%
Pension Expense 29,884 8,815 0 0 0 N/A
City Benefit Contribution 36,536 38,641 39,100 42,550 3,450 8.82%
OPEB Expense 7,711 (12,379) 0 0 0 N/A
Worker's Comp Insurance Prem 10,710 16,970 13,300 8,900 (4,400) -33.08%
Total Personal Services 365,600 344,017 355,100 376,350 21,250 5.98%
Supplies & Maintenance
Office supplies 1,335 568 1,000 1,000 0 0.00%
Motor Fuels & Lubricants 2,445 4,962 0 5,000 5,000 N/A
Chemicals and Chem Products 57,739 80,176 55,000 55,000 0 0.00%
Equipment Parts & Accessories 54,192 (53,773) 500 1,000 500 100.00%
Vehicle Equipment & Parts 206 240 0 0 0 N/A
Bldg/Grounds Maint. Supplies 410 605 3,700 700 (3,000) -81.08%
Clothing & personal equipment 871 2,750 1,100 2,500 1,400 127.27%
Utility System Maint. Supplies 45,669 52,057 40,000 40,000 0 0.00%
Small Tools and Minor Equip 890 4,954 1,200 1,500 300 25.00%
Repairs/Maint-Auto Equip 3,539 1,325 0 0 0 N/A
Repairs/Maint-Misc. Equip 105 849 3,000 4,000 1,000 33.33%
Repairs/Maint-Bldgs/Grounds 131 4,846 2,000 2,500 500 25.00%
Repairs/Maint-Watermains/plant 59,500 211,519 90,000 100,000 10,000 11.11%
Total Supplies & Maintenance 227,033 311,076 197,500 213,200 15,700 7.95%
Professional Services
Auditing and Acct'g Services 0 6,000 6,500 6,750 250 3.85%
Engineering-Consulting 1,562 2,629 10,000 5,000 (5,000) -50.00%
GIS/Mapping 10,770 19,031 10,000 15,000 5,000 50.00%
Legal-Consulting 0 0 1,000 0 (1,000) -100.00%
Bank Fees 4,384 5,809 5,000 6,000 1,000 20.00%
IT Services 14,250 25,750 22,000 27,500 5,500 25.00%
Fleet Services 9,375 18,125 50,300 64,000 13,700 27.24%
Professional Services 221 155 100 250 150 150.00%
Total Professional Services 40,561 77,500 104,900 124,500 19,600 18.68%
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Water
49400
Page 95 of 113 243
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Insurances
General Liability Ins 3,938 6,813 6,000 6,300 300 5.00%
Umbrella Liability Ins 5,513 9,338 1,000 1,050 50 5.00%
Property Insurance 4,725 8,075 7,000 7,350 350 5.00%
Equipment Floaters Ins 2,325 3,975 3,200 3,350 150 4.69%
Automotive Insurance 3,000 5,200 4,200 4,400 200 4.76%
Total Insurances 19,500 33,400 21,400 22,450 1,050 4.91%
Other Expenses
Telephone 4,015 4,761 5,000 5,000 0 0.00%
Postage 4,698 5,618 5,000 6,000 1,000 20.00%
Travel Expenses 10 0 0 0 0 N/A
General Advertising 0 0 0 0 0 N/A
Printing & Publishing 563 905 1,000 1,000 0 0.00%
Gas & Electric 110,273 115,129 105,000 110,000 5,000 4.76%
City Utilities 1,021 2,566 2,000 2,000 0 0.00%
Intergovernmental Services 50,953 67,644 55,000 57,000 2,000 3.64%
Depreciation & Amortization 222,103 169,003 250,000 195,000 (55,000) -22.00%
EDP/Communications Equip Rent 0 0 0 0 0 N/A
Other Equipment Rentals 0 0 300 0 (300) -100.00%
Software Licensing 2,082 2,233 0 0 0 N/A
Memberships 2,814 2,064 2,500 2,500 0 0.00%
Training & Development 6,222 1,907 5,200 5,200 0 0.00%
Administrative Charge 82,950 137,650 115,000 153,700 38,700 33.65%
Licenses & Taxes 4,955 1,227 0 0 0 N/A
Other Miscellaneous Charges 3,920 6,918 5,000 5,000 0 0.00%
Total Other Expenses 496,579 517,626 551,000 542,400 (8,600) -1.56%
Total Operating Expenses 1,149,273 1,283,619 1,229,900 1,278,900 49,000 3.98%
Non-Operating Expenses
Bond Interest 16,473 14,676 10,000 12,700 2,700 27.00%
Operating Transfers 15,000 1,010,499 159,300 137,000 (22,300) -14.00%
Total Non-Operating Expenses 31,473 1,025,175 169,300 149,700 (19,600) -11.58%
Total Water Fund 1,180,746 2,308,794 1,399,200 1,428,600 29,400 2.10%
2025 Enterprise Fund Expenditure Budget - By Line Item
Water
49400
City of Orono
Page 96 of 113 244
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 233,809 244,627 224,600 240,400 15,800 7.03%
Full-Time Employees Overtime 5,683 10,525 28,000 20,000 (8,000) -28.57%
Part-Time Employees 0 0 0 0 0 N/A
Temporary/Seasonal Employees 0 0 16,000 16,000 0 0.00%
PERA 17,884 19,795 19,000 19,550 550 2.89%
FICA 17,856 20,227 20,600 21,150 550 2.67%
Pension Expense 45,335 12,401 0 0 0 N/A
City Benefit Contribution 35,512 35,427 40,600 43,600 3,000 7.39%
OPEB Expense (12,762) (12,313) 0 0 0 N/A
Worker's Comp Insurance Prem 10,575 16,725 13,200 8,900 (4,300) -32.58%
Total Personal Services 353,892 347,415 362,000 369,600 7,600 2.10%
Supplies & Maintenance
Office supplies 2,847 1,684 2,000 2,000 0 0.00%
Motor Fuels & Lubricants 2,445 6,489 0 5,000 5,000 N/A
Equipment Parts & Accessories 424 195 0 1,000 1,000 N/A
Vehicle Equipment & Parts 371 322 0 1,000 1,000 N/A
Bldg/Grounds Maint. Supplies 0 72 1,500 500 (1,000) -66.67%
Clothing & personal equipment 721 2,606 1,500 2,000 500 33.33%
Utility System Maint. Supplies 11,442 6,818 10,000 15,000 5,000 50.00%
Small Tools and Minor Equip 64 880 2,500 2,500 0 0.00%
Repairs/Maint-Auto Equip 0 1,325 0 0 0 N/A
Repairs/Maint-Misc. Equip 38,200 23,263 5,000 20,000 15,000 300.00%
Repairs/Maint-Bldgs/Grounds 0 0 500 0 (500) -100.00%
Repairs/Maint-Swr lines/lifts 32,822 133,395 120,000 125,000 5,000 4.17%
Repairs/Maint-I&I Reduction 72,372 (25,172) 75,000 75,000 0 0.00%
Total Supplies & Maintenance 161,709 151,877 218,000 249,000 31,000 14.22%
Professional Services
Auditing and Acct'g Services 0 8,000 8,000 8,500 500 6.25%
Engineering-Consulting 0 4,243 5,000 2,500 (2,500) -50.00%
GIS/Mapping 10,320 27,535 12,000 15,000 3,000 25.00%
Legal-Consulting 0 0 500 0 (500) -100.00%
Bank Fees 8,393 7,670 7,500 8,000 500 6.67%
IT Services 14,250 25,750 22,000 27,500 5,500 25.00%
Fleet Services 13,194 24,375 50,160 63,500 13,340 26.59%
Professional Services 0 1,084 0 0 0 N/A
Total Professional Services 46,157 98,658 105,160 125,000 19,840 18.87%
Sewer
49450
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Page 97 of 113 245
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Insurances
General Liability Ins 7,800 13,600 11,000 11,500 500 4.55%
Umbrella Liability Ins 0 0 0 0 0 N/A
Property Insurance 2,213 3,838 3,100 3,300 200 6.45%
Equipment Floaters Ins 236 419 340 350 10 2.94%
Automotive Insurance 788 1,363 1,100 1,200 100 9.09%
Total Insurances 11,036 19,219 15,540 16,350 810 5.21%
Other Expenses
Telephone 3,798 2,071 4,400 4,000 (400) -9.09%
Postage 4,574 6,269 5,000 5,500 500 10.00%
Travel Expenses 10 0 0 0 0 N/A
General Advertising 0 0 0 0 0 N/A
Printing & Publishing 0 152 0 200 200 N/A
Gas & Electric 42,891 40,959 35,000 35,000 0 0.00%
City Utilities 0 0 1,100 0 (1,100) -100.00%
MCES-Sewer 761,939 766,993 770,690 727,000 (43,690) -5.67%
Intergovernmental Services 104,272 105,110 115,000 118,500 3,500 3.04%
Depreciation & Amortization 379,040 380,677 425,000 395,000 (30,000) -7.06%
EDP/Communications Equip Rent 0 0 0 0 0 N/A
Other Equipment Rentals 0 0 1,000 0 (1,000) -100.00%
Memberships 231 239 750 250 (500) -66.67%
Training & Development 1,970 10,081 4,500 5,250 750 16.67%
Administrative Charge 82,950 137,650 115,000 153,700 38,700 33.65%
Licenses & Taxes (381) 0 0 50 50 N/A
Other Miscellaneous Charges 14,589 10,862 5,000 5,000 0 0.00%
Total Other Expenses 1,395,882 1,461,063 1,482,440 1,449,450 (32,990) -2.23%
Total Operating Expenses 1,968,676 2,078,231 2,183,140 2,209,400 26,260 1.20%
Non-Operating Expenses
Operating Transfers 82,500 1,046,750 744,300 155,000 (589,300) -79.18%
Total Non-Operating Expenses 82,500 1,046,750 744,300 155,000 (589,300) -79.18%
Total Sewer Fund 2,051,176 3,124,981 2,927,440 2,364,400 (563,040) -19.23%
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Sewer
49450
Page 98 of 113 246
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 8,592 9,808 10,300 10,700 400 3.88%
Full-Time Employees Overtime 0 0 3,200 3,400 200 6.25%
Part-Time Employees 0 0 0 0 0 N/A
Temporary/Seasonal Employees 0 0 0 0 0 N/A
PERA 644 691 1,000 1,100 100 10.00%
FICA 655 719 1,000 1,100 100 10.00%
Pension Expense (5,964) 305 0 0 0 N/A
City Benefit Contribution 1,966 1,715 2,900 3,100 200 6.90%
OPEB Expense 0 332 0 0 0 N/A
Worker's Comp Insurance Prem 45 115 100 100 0 0.00%
Total Personal Services 5,938 13,686 18,500 19,500 1,000 5.41%
Supplies & Maintenance
Equipment Parts & Accessories 0 0 0 0 0 N/A
Total Supplies & Maintenance 0 0 0 0 0 N/A
Professional Services
Legal-Consulting 0 0 0 0 0 N/A
Auditing and Acct'g Services 0 625 0 0 0 N/A
IT Services 2,100 3,700 5,000 6,000 1,000 20.00%
Contract Recycling Pickup 221,189 202,719 225,000 230,000 5,000 2.22%
Professional Services 0 0 0 0 0 N/A
Total Professional Services 223,289 207,044 230,000 236,000 6,000 2.61%
Insurances
General Liability Ins 375 225 1,000 1,200 200 20.00%
Total Insurances 375 225 1,000 1,200 200 20.00%
Other Expenses
Printing & Publishing 0 0 500 0 (500) -100.00%
Administrative Charge 1,875 3,125 2,600 2,700 100 3.85%
Spring,Fall,X-mas Cleanup 12,430 18,073 18,000 15,000 (3,000) -16.67%
Organics Recycling 0 347 3,000 1,000 (2,000) -66.67%
Other Miscellaneous Charges 0 0 0 200 200 N/A
Total Other Expenses 14,305 21,545 24,100 18,900 (5,200) -21.58%
Total Recycling Fund 243,907 242,500 273,600 275,600 2,000 0.73%
2025 Enterprise Fund Expenditure Budget - By Line Item
Recycling
City of Orono
49500
Page 99 of 113 247
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 0 91,570 52,050 128,750 76,700 147.36%
Full-Time Employees Overtime 0 0 0 0 0 N/A
Part-Time Employees 0 61,311 16,300 0 (16,300) -100.00%
Temporary Employees Regular 0 1,344 65,180 50,000 (15,180) -23.29%
PERA 0 7,058 9,980 9,700 (280) -2.81%
FICA 0 12,028 14,840 13,700 (1,140) -7.68%
Pension Expense 0 61,842 0 0 0 N/A
City Benefit Contribution 0 11,761 11,990 25,150 13,160 109.76%
Unemployment Benefit Payments 0 16,128 0 0 0 N/A
OPEB Expense 0 30,728 0 0 0 N/A
Worker's Comp Insurance Prem 0 10,650 9,360 4,350 (5,010) -53.53%
Total Personal Services 0 304,421 179,700 231,650 51,950 28.91%
Supplies & Maintenance
Office supplies 0 1,814 500 0 (500) -100.00%
Motor Fuels & Lubricants 0 4,659 12,000 12,000 0 0.00%
Chemicals 0 9,625 10,000 10,000 0 0.00%
Equipment Parts & Accessories 0 4,009 2,500 2,500 0 0.00%
Bldg/Grounds Maint. Supplies 0 6,239 8,000 8,000 0 0.00%
Landscape Supplies 0 0 0 1,000 1,000 N/A
Clothing & personal equipment 0 2,301 500 1,200 700 140.00%
Small Tools and Minor Equip 0 358 6,000 1,500 (4,500) -75.00%
Repairs/Maint-Office Equip 0 0 100 0 (100) -100.00%
Repairs/Maint-Auto Equip 0 2,519 0 0 0 N/A
Repairs/Maint-Misc. Equip 0 0 6,000 6,000 0 0.00%
Repairs/Maint-Bldgs/Grounds 0 25,088 10,000 10,000 0 0.00%
Total Supplies & Maintenance 0 56,613 55,600 52,200 (3,400) -6.12%
Insurances
General Liability Ins 0 8,338 6,000 9,000 3,000 50.00%
Umbrella Liability Ins 0 1,688 0 0 0 N/A
Boiler & Machinery Ins 0 485 500 515 15 3.00%
Property Insurance 0 3,075 6,000 4,500 (1,500) -25.00%
Equipment Floaters Ins 0 383 500 450 (50) -10.00%
Automotive Insurance 0 485 500 515 15 3.00%
Dram Shop Insurance 0 688 1,200 900 (300) -25.00%
Total Insurances 0 15,140 14,700 15,880 1,180 8.03%
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Golf Course
49830
Page 100 of 113 248
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Professional Services
Auditing and Acct'g Services 0 0 0 1,000 1,000 N/A
Engineering-Consulting 0 0 0 0 0 N/A
Legal-Consulting 0 0 0 0 0 N/A
IT Services 0 3,125 2,500 3,500 1,000 40.00%
Fleet Services 0 18,750 15,000 19,000 4,000 26.67%
Professional Services 0 162 0 0 0 N/A
Total Professional Services 0 22,037 17,500 23,500 6,000 34.29%
Other Expenses
Bank Fees 0 12,739 15,000 15,000 0 0.00%
Telephone 0 5,216 5,000 5,000 0 0.00%
Postage 0 0 0 0 0 N/A
Travel Expenses 0 0 0 0 0 N/A
General Advertising 0 978 1,000 1,500 500 50.00%
Printing & Publishing 0 0 2,000 1,500 (500) -25.00%
Gas & Electric 0 12,584 11,000 12,500 1,500 13.64%
City Utilities 0 367 300 500 200 66.67%
Depreciation & Amortization 0 3,927 0 0 0 N/A
Other Equipment Rentals 0 25,203 16,000 25,500 9,500 59.38%
Memberships 0 465 500 650 150 30.00%
Training & Development 0 88 1,000 1,000 0 0.00%
Administrative Charge 0 0 10,000 19,250 9,250 92.50%
Licenses & Taxes 0 6,515 1,000 6,500 5,500 550.00%
Other Miscellaneous Charges 0 17 200 200 0 0.00%
Total Other Expenses 0 68,099 63,000 89,100 26,100 41.43%
Purchases for Resale
PURCHASES FOR RESALE 0 0 0 0 0 N/A
Beer For Resale 0 9,689 8,000 10,000 2,000 25.00%
Soft Drinks For Resale 0 (768) 4,000 4,000 0 0.00%
Concessions For Resale-Txbl 0 6,428 1,500 4,000 2,500 166.67%
Concessions For Resale-NonTax 0 529 2,000 2,000 0 0.00%
Pro Shop Items For Resale 0 9,985 4,000 8,000 4,000 100.00%
Other For Resale 0 0 0 0 0 N/A
Total Purchases for Resale 0 25,863 19,500 28,000 8,500 43.59%
Total Operating Expenses 0 492,174 350,000 440,330 90,330 25.81%
Non-Operating Expenses
Operating Transfers 0 0 0 10,000 10,000 N/A
Total Non-Operating Expenses 0 0 0 10,000 10,000 N/A
Golf Course Total 0 492,174 350,000 450,330 100,330 28.67%
Golf Course
49830
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Page 101 of 113 249
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 7,015 (312)0 0 0 N/A
Full-Time Employees Overtime 0 0 0 0 0 N/A
PERA 526 0 0 0 0 N/A
FICA 527 0 0 0 0 N/A
Pension Expense (17,727) (4,430)0 0 0 N/A
City Benefit Contribution 732 0 0 0 0 N/A
OPEB Expense 0 81 0 0 0 N/A
Worker's Comp Insurance Prem 83 28 0 0 0 N/A
Total Personal Services (8,845) (4,633)0 0 0 N/A
Professional Services
Auditing and Acct'g Services 0 0 2,000 0 (2,000) -100.00%
Legal-Consulting 0 0 0 0 0 N/A
IT Services 8,250 14,750 10,000 10,000 0 0.00%
Professional Services 3,160 1,790 15,000 0 (15,000) -100.00%
Total Professional Services 11,410 16,540 27,000 10,000 (17,000) -62.96%
Other Expenses
Equipment Parts & Accesories 0 216 0 0 0 N/A
Internet/Other Communications 43,107 36,398 15,000 40,000 25,000 166.67%
Depreciation & Amortization 16,394 16,395 18,000 19,500 1,500 8.33%
Administrative Charge 1,875 3,125 2,600 2,700 100 3.85%
Total Other Expenses 61,376 56,134 35,600 62,200 26,600 74.72%
Total Operating Expenses 63,941 68,041 62,600 72,200 9,600 15.34%
Total Cable Fund 63,941 68,041 62,600 72,200 9,600 15.34%
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Cable Franchise
49840
Page 102 of 113 250
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 53,944 150,130 157,600 146,750 (10,850) -6.88%
Full-Time Employees Overtime 770 3,176 0 0 0 N/A
Temporary/Seasonal Employees 0 0 16,000 16,000 0 0.00%
PERA 4,031 7,565 11,800 11,050 (750) -6.36%
FICA 3,897 7,356 13,400 12,450 (950) -7.09%
Pension Expense (4,464) 29,523 0 0 0 N/A
City Benefit Contribution 9,502 14,998 29,900 28,350 (1,550) -5.18%
OPEB Expense 2,048 (10,088) 0 0 0 N/A
Worker's Comp Insurance Prem 7,141 10,680 10,400 6,100 (4,300) -41.35%
Total Personal Services 76,870 213,339 239,100 220,700 (18,400) -7.70%
Supplies & Maintenance
Office supplies 0 431 1,000 1,000 0 0.00%
Motor Fuels & Lubricants 0 0 0 1,000 1,000 N/A
Equipment Parts & Accessories 77 4,525 1,000 2,500 1,500 150.00%
Bldg/Grounds Maint. Supplies 605 0 0 0 0 N/A
Clothing & personal equipment 0 524 0 2,500 2,500 N/A
Utility System Maint. Supplies 5,108 2,376 6,000 6,000 0 0.00%
Small Tools and Minor Equip 220 1,839 1,000 1,000 0 0.00%
Repairs/Maint-Auto Equip 9,512 367 0 0 0 N/A
Repairs/Maint-Bldgs/Grounds 0 7,400 0 0 0 N/A
Repairs/Maint-Storm Lines/CB 5,970 14,917 10,000 10,000 0 0.00%
Total Supplies & Maintenance 21,493 32,379 19,000 24,000 5,000 26.32%
Professional Services
Auditing and Acct'g Services 0 4,000 4,250 4,500 250 5.88%
Engineering-Consulting 9,904 6,589 9,000 9,000 0 0.00%
GIS/Mapping 10,607 16,418 10,000 10,000 0 0.00%
Legal-Consulting 0 0 500 0 (500) -100.00%
IT Services 4,125 6,875 5,750 7,000 1,250 21.74%
Fleet Services 10,800 18,600 18,000 23,000 5,000 27.78%
Professional Services 1,881 0 0 0 0 N/A
Total Professional Services 37,317 52,482 47,500 53,500 6,000 12.63%
Insurances
General Liability Ins 2,760 4,920 4,000 5,000 1,000 25.00%
Umbrella Liability Ins 0 0 500 500 0 0.00%
Equipment Floaters Ins 233 378 300 400 100 33.33%
Automotive Insurance 83 128 100 150 50 50.00%
Insurance Agent of Record 0 0 0 0 0 N/A
Insurance Deductibles 0 0 0 0 0 N/A
Total Insurances 3,075 5,425 4,900 6,050 1,150 23.47%
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Stormwater
49910
Page 103 of 113 251
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Other Expenses
Telephone 0 360 0 0 0 N/A
Postage 4,574 4,075 4,000 5,000 1,000 25.00%
Travel Expenses 0 0 0 0 0 N/A
Printing & Publishing 167 0 0 0 0 N/A
Depreciation & Amortization 65,065 66,135 75,000 70,000 (5,000) -6.67%
EDP/Communications Equip Rent 0 0 0 0 0 N/A
Other Equipment Rentals 2,950 500 2,000 2,000 0 0.00%
Memberships 48,944 41,711 55,000 55,000 0 0.00%
Training & Development 0 81 1,000 750 (250) -25.00%
Administrative Charge 41,475 68,825 55,000 57,700 2,700 4.91%
Other Miscellaneous Charges 430 855 100 1,000 900 900.00%
Total Other Expenses 163,606 182,542 192,100 191,450 (650) -0.34%
Total Operating Expenses 302,361 486,167 502,600 495,700 (6,900) -1.37%
Non-Operating Expenses
Easements & Rights of Way 1,727 0 0 0 0 N/A
Storm Sewer Utility Const 136,856 (0)0 0 0 N/A
Operating Transfers 0 1,003,600 0 186,000 186,000 N/A
Total Non-Operating Expenses 138,583 1,003,600 0 186,000 186,000 N/A
Total Stormwater Fund 440,944 1,489,767 502,600 681,700 179,100 35.63%
Total Enterprise Fund 3,980,714 7,726,256 5,515,440 5,272,830 (242,610) -4.40%
Stormwater
49910
City of Orono
2025 Enterprise Fund Expenditure Budget - By Line Item
Page 104 of 113 252
2025
Adopted
Budget
Fleet Fund
Revenue 412,700.00
Expenditure 450,650.00
Difference (37,950.00)
Insurance Fund
Revenue 531,700.00
Expenditure 576,400.00
Difference (44,700.00)
IT Fund
Revenue 513,950.00
Expenditure 552,700.00
Difference (38,750.00)
Total Internal Service Funds Revenue 1,458,350.00
Total Internal Service Funds Expenditure 1,579,750.00
Difference (121,400.00)
Internal Service Funds Overview
2025 Budget Summary
Page 105 of 113 253
2022 Actual 2023 Actual CY thru
11/30/2024
2025
Adopted
Budget
Account Title
Fleet Fund
InterDepartmental Services 8,172.05 7,749.57 5,310.91 6,000.00
Coop Agreement - Fleet 0.00 6,365.68 4,672.61 0.00
Interest on investments -67.00 608.15 0.00 200.00
Miscellaneous Revenue 125,250.00 214,350.00 228,577.50 406,500.00
Fleet Fund Revenue Total 133,355.05 229,073.40 238,561.02 412,700.00
Insurance Fund
Insurance Charges 386,285.22 701,351.74 500,400.00 519,600.00
Interest on investments -8,975.00 10,714.99 0.00 2,000.00
Miscellaneous Revenue 13,380.00 18,920.00 0.00 10,000.00
Refunds & Reimbursements 5,567.68 59.29 -71.84 100.00
Fleet Fund Revenue Total 396,257.90 731,046.02 500,328.16 531,700.00
IT Fund
Interest on investments -347.00 734.97 0.00 100.00
Miscellaneous Revenue 191,662.50 343,837.50 291,926.50 513,850.00
IT Fund Revenue Total 191,315.50 344,572.47 291,926.50 513,950.00
Total Internal Services Fund 720,928.45 1,304,691.89 1,030,815.68 1,458,350.00
City of Orono
2025 Internal Service Fund Revenue Budget
Page 106 of 113 254
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 64,326 110,742 227,000 252,250 25,250 11.12%
Supplies & Maintenance 203,528 229,609 213,000 187,000 (26,000) -12%
Other Expenses 366 3,529 1,000 11,400 10,400 1040%
Total Fleet Fund 268,220 343,880 441,000 450,650 9,650 2.19%
PROGRAM DESCRIPTION & OBJECTIVES:
The Fleet Fund provides for the funding of the City's Fleet Department. This fund is reimbursed by each applicable department.
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the Fleet Department Staff.
Staff includes: Fleet Supervisor and Mechanic.
* Other Expenses include cost related to IT service, staff training and development, and licenses and taxes for the City's fleet.
* Supplies & Maintenance includes the operating supplies and maintenance for the City's fleet, including fuel, shop supplies, vehicle supplies
and contract repairs and maintenance.
City of Orono
2025 Internal Service Fund Expenditure Budget - Departmental Summary
Fleet
49800
Page 107 of 113 255
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 260,135 252,680 17,900 252,900 235,000 1312.85%
Insurance 217,307 359,578 283,764 323,500 39,736 14.00%
Total Insurance Fund 477,442 612,258 301,664 576,400 274,736 91.07%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the Finance Director's wage (10%) and worker's compensation insurance premium for the whole City.
* Insurance includes general liability, auto insurance, equipment liability, insurance deductible and cost of non-covered claims.
The Insurance Fund provides for the funding of the City's insurance and any claims against the City. This fund is reimbursed by each applicable
department.
Insurance
49960
2025 Internal Service Fund Expenditure Budget - Departmental Summary
City of Orono
Page 108 of 113 256
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services 98,489 115,157 119,500 231,700 112,200 93.89%
Other Expenses 214,581 269,423 290,000 321,000 31,000 10.69%
Total IT Fund 313,069 384,580 409,500 552,700 143,200 34.97%
PROGRAM DESCRIPTION & OBJECTIVES:
OPERATING COST ACTIVITIES:
* Personal Services include the wages and employment taxes for the IT Department Staff.
Staff includes: IT Manager and IT Technician
Total Internal Service Fund 1,058,732 1,340,718 1,152,164 1,579,750 427,586 37.11%
The IT Fund provides for the funding of the City's IT (Information Technology) Department. This fund is reimbursed by each applicable
department.
* Other Expenses include cost related to IT equipment and accessories, data processing equipment, telephone bills, travel expense, repairs
and maintenance to IT equipments, equipment rental (such as copiers and printers), software licensing and hardware (ex. laptops and
desktops).
City of Orono
2025 Internal Service Fund Expenditure Budget - Departmental Summary
IT (Information Technology)
49970
Page 109 of 113 257
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 43,402 72,048 157,300 180,900 23,600 15.00%
Full-Time Employees Overtime 1,028 1,861 - 1,000 1,000 N/A
Part-Time Employees - - - - - N/A
PERA 3,332 5,543 11,800 13,650 1,850 15.68%
FICA 2,783 4,609 12,000 13,950 1,950 16.25%
City Benefit Contribution 13,106 20,580 34,100 33,650 (450) -1.32%
Worker's Comp Insurance Prem 675 6,100 11,800 9,100 (2,700) -22.88%
Total Personal Services 64,326 110,742 227,000 252,250 25,250 11.12%
Supplies & Maintenance
Motor Fuels 44,173 60,327 30,000 7,500 (22,500) -75.00%
Lubricants 7,055 7,811 - 10,000 10,000 N/A
Shop Supplies 17,207 7,057 40,000 15,000 (25,000) -62.50%
Equipment Parts & Accessories 38,024 22,550 45,000 50,000 5,000 11.11%
Clothing & personal equipment - 795 - 1,500 1,500 N/A
Vehicle Equipment & Parts 46,005 38,189 45,000 50,000 5,000 11.11%
Small Tools and Minor Equip 8,128 12,299 23,000 23,000 - 0.00%
Repairs/Maint-Auto Equip 21,214 40,763 20,000 20,000 - 0.00%
Repairs/Maint-Misc. Equip 21,722 39,819 10,000 10,000 - 0.00%
Total Supplies & Maintenance 203,528 229,609 213,000 187,000 (26,000) -12%
Other Expenses
IT Services - - - 10,000 10,000 N/A
General Advertising - - - - - N/A
Software Licensing - 1,978 - - - N/A
Training & Development - 913 - 1,200 1,200 N/A
Licenses & Taxes 366 637 1,000 200 (800) -80.00%
Total Other Expenses 366 3,529 1,000 11,400 10,400 1040%
Total Fleet Fund 268,220 343,880 441,000 450,650 9,650 2.19%
City of Orono
2025 Internal Service Fund Expenditure Budget - Line Item Budget
Fleet
49800
Page 110 of 113 258
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 11,987 15,006 13,700 13,700 - 0.00%
PERA 899 978 1,000 1,050 50 5.00%
FICA 838 911 1,100 1,050 (50) -4.55%
City Benefit Contribution 1,966 2,058 2,100 2,100 - 0.00%
Worker's Comp Insurance Prem 244,445 233,726 - 235,000 235,000 N/A
Total Personal Services 260,135 252,680 17,900 252,900 235,000 1312.85%
Insurance
General Liability Ins 188,836 265,764 177,644 235,000 57,356 32.29%
Umbrella Liability Ins - - 63,104 - (63,104) -100.00%
Insurance Agent of Record 8,000 8,000 8,000 8,000 - 0.00%
Other Insurance Related Exp 250 (7,609) - 3,500 3,500 N/A
Insurance Deductibles 20,221 93,423 10,000 50,000 40,000 400.00%
Automotive Equipment - - 25,016 27,000 1,984 7.93%
Total Insurance 217,307 359,578 283,764 323,500 39,736 14.00%
Total Insurance Fund 477,442 612,258 301,664 576,400 274,736 91.07%
City of Orono
2025 Internal Service Fund Expenditure Budget - Line Item Budget
Insurance
49960
Page 111 of 113 259
2022
Actual
2023
Actual
2024
Budget
2025
Adopted
Budget
Dollar
Increase
(Decrease)
%
Increase
(Decrease)
Personal Services
Full-Time Employees Regular 76,729 90,519 93,700 172,150 78,450 83.72%
Full-Time Employees Overtime - - - 1,000 1,000 N/A
PERA 5,755 6,816 7,000 13,000 6,000 85.71%
FICA 5,755 6,841 7,200 13,250 6,050 84.03%
City Benefit Contribution 10,250 10,980 11,000 31,600 20,600 187.27%
Worker's Comp Insurance Prem - - 600 700 100 16.67%
Total Personal Services 98,489 115,157 119,500 231,700 112,200 93.89%
Other Expenses
Equipment Parts & Accessories 13,470 30,175 20,000 30,000 10,000 50.00%
Data Processing Communication 40,896 44,231 40,000 45,000 5,000 12.50%
Internet/Other Communications 6,864 7,267 20,000 15,000 (5,000) -25.00%
Travel Expenses - - - 1,000 1,000 N/A
Repairs/Maint-Office Equip 20,701 102,464 25,000 30,000 5,000 20.00%
Office Equipment Rental 10,058 17,967 15,000 20,000 5,000 33.33%
Software Licensing 121,096 50,272 150,000 160,000 10,000 6.67%
IT Hardware & Applications 1,495 17,046 20,000 20,000 - 0.00%
Total Other Expenses 214,581 269,423 290,000 321,000 31,000 10.69%
Total IT Fund 313,069 384,580 409,500 552,700 143,200 34.97%
Total Internal Service Fund 1,058,732 1,340,718 1,152,164 1,579,750 427,586 37.11%
2025 Internal Service Fund Expenditure Budget - Line Item Budget
IT (Information Technology)
49970
City of Orono
Page 112 of 113 260
2025Authorized Request ChangeCurrent Positions and FTE Requested Position (s)General GovernmentAdministration451City Administrator, City Clerk, Management Assistant and Administrative AssistantCommunications CoordinatorFinance330Finance Director, Accountant/HR Representative, Accounting TechnicianFacilities 1.33 1.33 0 Parks/Facilities Supervisor (.33), Custodian (1)Total 7 8 1Public SafetyPoliceOfficers29 29 0Police Chief, Deputy Chief, 5 Sergeants, 21 Officers, 2 Part-time Patrol Officers (.5 each)Civilians550CSO, 2 Cadets (.5 each), Office Manager, Administrative Support Assistant (2)Fire9.67 9.67 0Fire Chief 13 Part-Time (Total 6 FTE), 7 Paid-On-Call (Total 2.67 FTE)Code Enforcement (Building/Zoning)660Community Development Director, Planner (2), Planning Assistant, Bldg Official, Bldg InspectorTotal 49.67 49.67 0Public WorksGeneral FundStreets2.5 2.5 0PW Superintendent (.3), Street/Storm Supervisor (.5), Maint Worker (1.5), Admin Assistant (.2)Spring Park 1 1 0 Maint WorkerParks1.44 1.44 0Parks/Facilities Supervisor (.34), Maint Worker (1), Admin Assistant (.1)Golf2.33 2.33 0Parks/Facilities Supervisor (.33), GC Superintendent, Club House Mgr/Events CoordinatorSeasonal (PW, Parks, Brush, Golf) 4 4 0 16 Seasonal Employees (0.25 FTE/Employee = 4 FTE)Enterprise FundWater2.8 2.8 0PW Superintendent (.2), Utility Supervisor (.5), Maint Worker (1.9), Admin Assistant (.2)Sewer2.9 2.9 0PW Superintendent (.2), Utility Supervisor (.5), Maint Worker (2), Admin Assistant (.2)Storm Water1.7 1.7 0PW Superintendent (.25), Street/Storm Supervisor (.5), Maint Worker (.75), Admin Assistant (.2)Total 18.67 18.67 0Internal ServiceFleet 2 2 0 Fleet Supervisor, Fleet MechanicIT Services 2 2 0 IT Manager, IT TechnicianTotal 4 4 0Total79.34 80.34 12025 Employee BudgetPage 113 of 113261
Date: December 9, 2024 Item: 10
Presenter: Maggie Jin, Finance Director
Section: Consent Agenda
Title: Adopt 2025 Special Revenue Fund Budgets - Resolution 7538
1.Purpose:
The purpose of this agenda item is to approve the 2025 Special Revenue Fund Budgets.
2.Background:
The special revenue fund budgets are adopted for are the Park Fund, The Drug Forfeiture Fund,
and TIF Housing Fund. With the 2025 budget process, budgets also includes the Lurton Park Fund
and the Carman Bay LID Fund. Special revenue funds by definition have a primary source of
revenue that is dedicated for a specific purpose. In the Park Fund, the primary revenue source is
park dedication fees collected from developers and the tax levy. By state law, park dedication fees
must be used for parkland acquisition and development. The Drug Forfeiture Fund receives its
primary funding from the Police Department’s drug and alcohol enforcement activities. The funds
must be used for drug and alcohol related activities. The Lurton Park Fund is in relation to the
Lurton Dog Park. Revenue stream comes from the dog park passes sold and the expenditure is
used for capital projects and improvements to the park along with certain expenditures. The TIF
Fund is used to account for revenues related to the Orono Woods Senior Housing Development.
The Carman Bay LID Fund is a passthrough fund for the certified amount for the lake
improvement district.
See the 2025 budget book for more information.
3.Staff Recommendation:
Staff recommends approval of Resolution 7538 Adopting the 2025 Special Revenue Fund
Budgets.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Motion to approve Resolution 7538 Adopting the 2025 Special Revenue Fund Budgets.
Exhibits
Exhibit A. Resolution 7538- Adopt 2025 Special Revenue Fund Budgets
262
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7538
A RESOLUTION TO ADOPT THE
2025 SPECIAL REVENUE FUND BUDGETS
BE IT RESOLVED, by the City Council of the City of Orono, County of
Hennepin, Minnesota that the 2025 Special Revenue Fund budgets are determined to be as follows:
Estimated Revenue Park Drug/Felony
Forfeiture
Lurton Park
Fund TIF CBLID Fund
Taxes 200,000$ -$ -$ 93,000$ 33,600$
Interest Income 17,400 22,400 - 3,700 50
User Fees - - 28,840 - -
Park Dedication Fees 10,000 - - - -
Contribution & Donations - - 1,000 - -
Transfers from Other Funds - - - - -
Total Revenue 227,400$ 22,400$ 29,840$ 96,700$ 33,650$
Appropriated Expenditures
General Government -$ -$ -$ 96,700$ 33,550$
Public Safety - 81,500 - - -
Streets - - - - -
Parks & Recreation 176,400 - 2,000 - -
Transfer to Other Fund - - - - -
Total Expenditures 176,400$ 81,500$ 2,000$ 96,700$ 33,550$
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held December 9, 2024.
ATTEST:
____________________________________ ____________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
263
Date: December 9, 2024 Item: 11
Presenter: Maggie Jin, Finance Director
Section: Consent Agenda
Title: Adopt 2025 Enterprise Fund Budgets - Resolution 7539
1.Purpose:
The purpose of this agenda item is to approve the 2025 Enterprise Fund Budgets.
2.Background:
Staff has been working on the 2025 Enterprise Fund budgets since June. As part of the budget
process, the Budget Committee met on August 15th and updates to the whole council was
presented at the August 26th work session.
The Water, Sewer, Stormwater, Recycling, Golf Course, and Cable Funds are designed to account
for the business type activities of the City. These funds do not receive any property tax revenue.
The goal for the Enterprise funds is to be fully funded by rates without depending on special
assessments for infrastructure improvements or for years of operating loss.
On the revenue side of the budget, the utility rates are approved annually as part of the fee
schedule. The utility rates are increasing by the following percentage: Water 2%; Sewer 2%,
Stormwater 1%, and Recycling by 4%. Additionally, based on the area (North, South, Wayzata, or
Long Lake), the sewer and water will be charged accordingly. The utility rates are included as part
of the 2025 fee schedule and budget. Cable fund revenue is generated by franchise fees. Golf
Course revenue is generated by the fees and service charges from users.
A. Water Fund. The water expenditure budget overall is increasing by $29,400 (2.1%). The
biggest increase is in Personal Service for wages and in Professional Service for IT and fleet
service. The operating budget for 2025 will have a gain of $443,100. The overall change in fund
balance is anticipated to be $120,887 after capital expenditures.
Projects identified in the CIP for 2025 include: water system work that is aligned with road
projects ($900), watermain replacement project at Kelly Ave ($200,000), and Navarre Water Plant
control upgrade ($110,000).
B. Sewer Fund. In past years, the sewer fund has mostly operated at a loss. Non-operating
revenues, however, have consistently offset the operating losses. This has resulted in a positive
operating cash flow for the fund.
The single largest expense for the sewer fund is the Metropolitan Council Environmental Services
disposal charges, making up 33% of the Sewer Fund operating budget.
The operating expenditure budget is increasing by $26,260 (1.2%). The majority of this increase is
for wages and benefits and depreciation expenditure. The total overall expenditure budget is
decreasing by $563,040 (-19.23%) due to the decrease in operating transfers.
Projects identified in the CIP for 2024 include: Sewer Rehabilitation ($300,000), sanitary line
adjustments in correlation with road projects ($41,100), Lift Station #27 rehabilitation ($60,000),
and Life Station #4 rehabilitation ($70,000).
AGENDA ITEM
264
C. Recycling Fund. The recycling funds major expenditure is for contracted recycling charges.
The current contract with Waste Management is increasing 4%. The Recycled Materials has
weakened in the past few years since 2018. The full-time wages that are charged to the fund
represent 10% of the City Clerks wages.
D. Golf Couse Fund. The golf course fund was established in 2023 with an intent to be more
transparent with golf course revenue and expenditures. The main revenue source of the golf course
fund comes from charges from fees and services at the golf course related to golfing activities.
Expenditure budget is increasing by $110,330 (28.67%), with majority of expenditures increasing
in personal services. The main factor would be due to hiring a full-time position to manage the
clubhouse and events.
E. Cable Fund. The Cable funds projected revenues are based on current subscriber information
and rates. The line item for Internet/Other communications covers the costs associated with
streaming and online access of council meetings. It has been increased to pay for the increased
cost of the City’s fiber internet connection. Revenue for the fund is in the from franchise fees that
are set by the City’s franchise agreement with Mediacom.
F. Stormwater Fund. The Stormwater Fund is for the most part project based. Operating
expenditures are mainly limited to engineering associated with NPDES, SWPPP and other state
and federal requirements. Public Works time and materials spent on culvert cleaning/replacement
are also charged to this fund. The purpose of this fund is to collect money for the larger
Stormwater projects that will be required in the future.
The operating expenditure budget is decreasing by $6,900 (-1.37%). The total overall expenditure
budget is increasing by $179,100 (35.63) due to the increase in operating transfers.
Projects identified in the CIP for 2024 include: Stormwater improvements in conjunction with
road projects ($365,300), Casco Cove outlet and bioretention basin ($161,000), and other Storm
Sewer Improvements and Replacements as needed throughout the year ($100,000).
See the 2025 budget book for more information.
3.Staff Recommendation:
Staff recommends approval of Resolution 7539 Adopting the 2025 Enterprise Fund Budgets.
COUNCIL ACTION REQUESTED
Motion to approve Resolution 7539 Adopting the 2025 Enterprise Fund Budgets.
Exhibits
Exhibit A. Resolution 7539 - Adopt 2025 Enterprise Fund Budgets
265
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7539
A RESOLUTION TO ADOPT THE
2025 ENTERPRISE FUND BUDGETS
BE IT RESOLVED, by the City Council of the City of Orono, County of
Hennepin, Minnesota that the 2025 Enterprise Fund budgets are determined to be as follows:
Estimated Revenue Water Sewer Recycling
Charges for Service 1,702,000$ 2,385,000$ 289,500$
Interest Income 10,000 5,000 1,000
Other Revenue 10,000 - 5,000
Total Revenue 1,722,000$ 2,390,000$ 295,500$
Appropriated Expenditures
Operating Expenses 1,278,900$ 2,209,400$ 275,600$
Non-Operating Expenses
Interest Expense 12,700 - -
Debt Service - - -
Transfer to Other Funds 137,000 155,000 -
Total Expenditures 1,428,600$ 2,364,400$ 275,600$
Estimated Revenue Golf Cable Stormwater
Charges for Service 452,500$ 73,000$ 785,000$
Interest Income 150 100 5,000
Other Revenue - - -
Total Revenue 452,650$ 73,100$ 790,000$
Appropriated Expenditures
Operating Expenses 440,330$ 72,200$ 495,700$
Non-Operating Expenses
Interest Expense - - -
Debt Service - - -
Transfer to Other Funds 10,000 - 186,000
Total Expenditures 450,330$ 72,200$ 681,700$
266
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7539
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
December 9, 2024.
ATTEST:
____________________________________ ____________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
267
Date: December 9, 2024 Item: 12
Presenter: Maggie Jin, Finance Director
Section: Consent Agenda
Title: Adopt 2025 Fee Schedule - Ordinance 308
1.Purpose:
The purpose of this action item is to approve the 2025 Fee Schedule.
2.Background:
Each year as part of the budget process, staff updates the fee schedule. The fee schedule sets the
price and rates on items and services that the City charges for.
Notable changes to the fee schedule are as follows:
Documents and Services
Addition of candidate filing fee for election.
Reorganized and reworded Data Request section.
Building, Planning, and Zoning
Application fees increased to more accurately reflect staff's labor cost.
Changed fees based on 2012 State Building Valuation Table to the 2024 State
Building Valuation Table. Staff had reviewed other nearby cities' fees and found this
reasonable.
Licenses and Other Permits
Retitled Beer, Wine and Liquor section to Alcohol Sales License and reorganized
section.
Tobacco Sales License, Massage Sales Licenses and Sales Licenses
Reorganized sections.
Increases to fees per City code and State Statutes updates.
Removed Public Dance License section per update to the City code.
Utility Rates and Fees
Increase to utility fees based on the following: Water - 2%, Sewer - 2%, Stormwater -
1%, Recycling - 4%
Park Fees
Golf Course Season Passes has slight increase for standard, senior, family passes and
a slight decrease on junior pass.
Public Safety
Increase in Officer 119 and Lord Fletchers police special service fees.
Added Alcohol and Tobacco Compliance check.
Brush Site
Section has been added and reflects council's direction at the September 23rd work
session.
During the November 25th work session, no changes were suggested by the Council.
3.Staff Recommendation:
Staff recommends approval of Ordinance 308 Adopting the 2025 Fee Schedule.
AGENDA ITEM
268
COUNCIL ACTION REQUESTED
1. Motion to Adopt Ordinance 308 of the Third Series Amending Title One Chapter Two of the City
Code relating to the Fee Schedule.
2. Motion to approve a summary publication of Ordinance 308 as shown in Exhibit C.
Exhibits
Exhibit A. 2025 Fee Schedule
Exhibit B. Ordinance 308 - Fee Schedule
Exhibit C. Ordinance 308 Summary Publication
269
City of Orono
2025
FEE SCHEDULE
Ordinance 308
Adopted December 9, 2024
270
A. Documents and Services E. Administrative Offenses
Zoning Documents Traffic/ Vehicle Offenses
General Administrative Documents Snowmobile Violations
Election Animals
Data Requests Public Nuisances
Miscellaneous Charges Open Burning
Noise
B. Building, Planning, and Zoning Park Violations
Zoning Applications Sign Violations
Zoning Permits Juvenile
Building Code Administration Seasonal Overweight Vehicles
Fire Parking
Park Dedication Tobacco Use Violation
Stormwater and Drainage Trunk Fees Special Events Violations
Miscellaneous
C. Licenses and Other Permits
Dock License F. Park Fees
Home Occupation License Golf Course Fees
Temporary Trailers and Buildings Permit Lurton Park Passes
Rental Home License Summit Beach
Waste Hauler License Field/Facility Reservations
Kennel License
Alcohol Sales License G. Public Safety
Tobacco Sales License Dogs at Large Release Fee
Gambling Permit Animals at Large - Release Fee
Massage Sales License Care of Impounded Animal
Sales License Large Assembly License
Amusement Device License Fireworks Permit
Firearms Discharge Permit
D. Utility Rates and Fees Limited Trapping Permit
Municipal Connection Permit Special Events Permit
Point of Sale Fees False Police Alarm User Fees
Sewer Projects False Fire Alarm User Fees
Water Connections Fingerprinting Service
Water Meter and Horn Police Special Services
Sewer and Water Unit Adjustment Charges Copy Service - Police Records
Utility Service Fees Photos
Municipal Water Rates Video
Stormwater Utility Rates Audio
Recycling Charge Signs: "No Parking Order of Police"
Sump Pump Surcharge Statements
Public Works Supplies & Services Firearm Storage Fees
H. Brush Site
Brush Site Fees
Table of Contents
Page 1 of 18 271
Fee
Municipal Code Book - Portions On-Line Free
Ch 78 only (Zoning Code) w/revisions $0.25 per page
Ch 82 only (Subdiv. Code) w/revisions $0.25 per page
Other Individual Chapters $0.25 per page
Building & Planning Publications
Listing Information $10.00
Assessment Search - Written
(Verbal searches not given)
Fax Charge
Reprint of Oversized Documents that have been microfilmed
Surcharge for Staff Expense in Excess of Regular Fees
Professional Time
Clerical Time
Building/Legal/Engineering Consultants
Mileage/Copies/Postage/Etc.
Candidate Filing Fee $15.00
MS 13.03 Subd 3
Staff time (for search, retrieval, copy, and transmit)$30/hour actual cost
Paper $0.25 per single sided page plus staff time
Storage Device $10 or actual cost plus staff time
MISCELLANEOUS FEES
Convenience Fee - Credit Card Transactions 3.00% + $0.50 for $100.00 or less
Returned Check $30.00
Actual Cost
DATA REQUESTS
$ 40.00 Per Hour
Actual Billed Cost
Actual Cost
$ 60.00 Per Hour
ELECTION
No charge up to 6 pages; $.25 Each Additional page
Exhibit A. Documents and Services
ZONING DEPARTMENT DOCUMENTS
As Posted - Prices subject to Change
GENERAL ADMINISTRATIVE DOCUMENTS
$20.00 Per Parcel
Page 2 of 18 272
Fee Escrow Notes
Variance $550.00 $700.00 + Consultant fees
1st Extension $75.00 Staff approved
2nd and subsequent $200.00 City Council meeting
Conditional Use Permit $550.00 $700.00 + Consultant fees
CUP amendment $550.00 $700.00 + Consultant fees
1st Extension $75.00 Staff approved
Interim Use Permit $550.00 $700.00 + Consultant fees
Site Plan Review $550.00 $700.00 + Consultant fees
Zoning Amendments including map amendments $550.00 $700.00 + Consultant fees
Concept Review $550.00
Comprehensive Plan Amendment $550.00 $700.00 + Consultant fees
Subdivision
Subdivision: Sketch Plan $550.00
Subdivision: Class III Prel Plat $800.00 $5,000.00 + Consultant fees
Subdivision: Final Plat $800.00 $2,500.00 + Consultant fees
Subdivision: Preliminary plat extension $550.00
Subdivision Exception $150.00 n/a + Consultant fees if Applicable
Vacations
Vacations: Road and Easement $550.00 $700.00 + Consultant fees
Easement Creation $165.00 $700.00 + Consultant fees
Appeal of Administrative Decision $165.00 $700.00 + Consultant fees
Stairway to Lake $55.00
Structures not requiring a building permit $55.00 Plus Engineering Costs
Encroachment Permit/ Agreement $200.00
Tree removal in shore setback $0.00
Signs (Alteration of cabinent or raceway)$55.00
Sign Structure and Entrance Monuments Based on Value Table
Vehicle Storage $55.00 78-1577 (C)
Land Alteration $100.00
Tent/ Canopy Permits $55.00
*City Administrator may require an erosion
control escrow for projects disturbing soils or
tree replacement.
$1,000.00 Variable depending on project scope, but not
to exceed
Zoning confirmation letter $55.00 Request for zoning confirmation letter
Address Change Request by Owner $55.00
BUILDING CODE ADMINISTRATION:
Building Permits Based on Value Table
Building permit fees (Building, Plumbing,
Mechanical, unless otherwise noted)
Based on 2024
Building Valuation Table
Plan Review Fee 65% of Building Permit Fee
Rereview Plan Fee Up to the cost of the Plan
Review Fee Based on
Building Offical
Recommendation
Minimum Fee $29.50
Moved-In Structure (not including foundation,
interior remodel, etc.)$275.00
Pre-Move Inspection $165.00
Exhibit B. Buillding, Planning, and Zoning
PLANNING, BUILDING, ZONING
All fees, unless otherwise noted, are application fees and are non-refundable after staff work has begun on the application.
ZONING PERMITS:
All after the fact applications are double fees. All applicants are responsible for actual costs incurred by the City by its' consultants in the
review of the application.
ZONING APPLICATIONS:
Page 3 of 18 273
Special investigation fee (work started without
obtaining a permit – applies even if no permit is
pulled)
100% of Building permit
fee
Manufactured Home Installation $275.00 plus
State Surcharge and requires a regular building
permit if also doing basement, foundation,
garage or entryway, fees are based on sq. ft.
State Table
$275.00
City Administrator may require an erosion
control escrow for projects disturbing soils. $1,000.00
Valuation based on ICC 2024 Building Valuation
tables
Total Valuation Fee
$1.00 to $500
$501.00 to $2,000.00
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 to $500,000.00
$500,001.00 to $1,000,000.00
$1,000,001.00 and up
State Surcharge as required by State.
Demolition
Demolition: Principal structure $100.00
Demolition: Accessory structure/Septic system
(Per unit fee)$50.00
City Engineer may require an erosion control
escrow for projects disturbing soils.
Not to Exceed
$1,000.00
$6,636.65 for the first $1,000,000.00 plus $4.50 for each additional $1,000.00, or fraction
thereof
$28 for the first $500.00 plus $3.70 for each additional $100.00, or fraction thereof, to and
including $2,000.00
$83.50 for the first $2,000.00 plus $16.55 for each additional $1,000.00, or fraction
thereof, to and including $25,000.00
$464.15 for the first $25,000.00 plus $12 for each additional $1,000.00, or fraction
thereof, to and including $50,000.00
$764.15 for the first $50,000.00 plus $8.45 for each additional $1,000.00, or fraction
thereof, to and including $100,000.00
$1,186.64 for the first $100,000.00 plus $6.75 for each additional $1,000.00, or fraction
thereof, to and including $500,000.00
$3,886.65 for the first $500,000.00 plus $5.50 for each additional $1,000.00, or fraction
thereof, to and including $1,000,000.00
Refunds: 80% of building permit fees on projects not yet started (within 90
days of permit issuance by municipality). No refund on plan review fees,
state surcharge or maintenance permits
$29.50
Page 4 of 18 274
Plumbing 1.25% of project value,
based on valuation table n/a
Backflow registration $10.00
Plumbing minimum $26.25
Mechanical (All Types) 1.25% of project value,
based on valuation table n/a
Mechanical Minimum $26.25
Tent/ Canopy $50.00
Septic
Tank or Repair Permit $350.00
New or replacement Type I or Type III,
Residential $750.00
New or replacement Advanced Septic System
Residential $750.00
Plus additional actual costs up to 600.00
All Commercial $750.00
Plus additional actual costs up to 600.00
Subdivision site evaluation review $60.00 Per lot
Inspection surcharge for RS zones (Big Island
and Deering island)
$30.00 plus cost of boat rental if transportation not
provided.
Reinspection fee $30.00 plus $60/ hour after 1st hour
Site inspection without permit Actual costs
Quarterly Septic Fee 11.25
Septic Late Fee 3%/Qtr
Miscellaneous Projects
Fences Based on Value Table Only required for fences above 7 feet.
Tent/ Canopy $50.00
Temporary Certificate of Occupancy Escrow 3% of project value, not to
exceed $10,000
Contractural Inspection Service
Plan Review Charge Based on 2024
Building Valuation Table
FIRE
Fire Protection inspection Actual Cost
Based on 2024
Building Valuation Table
Fire Plan review fee 65% of permit fee
Burning permits No Charge
Reinspection $50.00
All fire suppression and alarm permits are based on
value, and include a plan review fee and are subject
to the state surcharge.
Page 5 of 18 275
PARK DEDICATION
0.1 acres of land per residential dwelling unit
0.1 acres for every acre of commercial or industrial zoned land, or 0.1 per every 14 expected employees, whichever is greater
Cash contribution maximum
Residential density of 3 units per acre or less: maximum 4 percent of the predeveloped value
Residential density of 3.1- 8 units per acre: maximum 8 percent of the predeveloped value
Residential density of 8.1 - 15 units per acre: maximum 12 percent of the predeveloped value
Residential density of 15.1 units per acre or more: maximum 20 percent of the predeveloped value
STORMWATER AND DRAINAGE TRUNK FEES
Stormwater and Drainage Trunk fees as established by Subdivision IV, Section 14-283 of the City Code.
NEW DEVELOPMENT LAND USE
Per new lot, or new
structure on
previously vacant lot
Per buildable acre
$16,150.00
$8,060.00
$5,250.00
$3,025.00
$7,275.00
$8,490.00
$9,690.00
Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water
infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency
factor multiplier is assigned to each land use type, with a 2-acre residential lot considered as the standard in the City with an equivalency factor
of 1.0. The table below lists the storm water trunk fees per acre for the various zoning districts and land uses in the City.
Land Dedication Minimum Area - Developers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other
public purposes an amount of land proportional to the amount of land being developed and to the number of residential units or commercial
industrial employment, as set forth in Section 82-226:
Cash contribution is equal to the amount of land required In those instances where a cash contribution is to be made by the developer, in lieu
of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the land to be
dedicated.
Where the anticipated park needs are greater than the number of acres to be developed, the city establishes a maximum park dedication
maximum:
Single Family Residential 1/2 Acre Zone
Multi Family Residential 4 Units/Acre or Less
Multi Family Residential Greater than 4 Units/Acre
Single Family Residential 5 Acre Zone
Single Family Residential 2 Acre Zone
Single Family Residential 1 Acre Zone
- acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the
stormwater runoff from the development site.
- acreage of conservation easements resulting from Conservation Design process
Commercial or Industrial
Multi-family and High-Density Single Family Developments. Trunk fee shall be
charged on a per-acre basis, except that the following acreages will not be
subject to the trunk fee:
- all wetland acreage up to the delineation line
Page 6 of 18 276
Fee
$325.00 Per Year
Big Island Dock License $6,000.00
Canoe Rack Rental $45.00 Per Slip
$100.00 Initial Review Fee Sec. 26-76
$30.00 Annual Review Fee
$30.00
License Fee $120.00 2-year term
Flat Rate $75.00 Ch. 54, Article III
Per Hauler $15.00 Per Truck
Sec. 62-161 thru 62-185
Commercial $150.00
Residential $50.00
Minn Stat 340A
Background Investigation (new establishment/owner)$500.00 Per License Ch. 34, Article II
Liquor
Off-Sale $150.00
On-Sale $5,000.00 <2000 sq ft Minn Stat 340A.404
$6,000.00 >2000 sq ft
On-Sale Club $300.00 <200 members Minn Stat 340A.408
$500.00 201-500 members
$650.00 501-1000 members
On-Sale Temporary $300.00 Minn Stat 340A.404.10
Sunday $200.00
Wine
On-Sale $2,000.00 Minn Stat 340A.404
Malt
Off-Sale 3.2% $100.00
On-Sale 3.2% $300.00
1st Violation $500.00 Sec. 34-41
2nd Violation $1,000.00 & 3-day license suspension
3rd Violation $2,000.00 & 2-week license suspension
4th Violation License revocation
Tobacco Sales $250.00 Ch. 50, Article II
Violations (within 24 month period)
1st Offense $150.00
2nd Offense $400.00
3rd Offense & Over $500.00
$100.00 Minn Stat 349.213
Ch. 38, Article II
Initial Background Investigation (new establishment/owner/individual)$150.00 Sec. 31-12-5, 31-21
Establishment $200.00 Sec. 31-12
Individual $100.00 Sec. 31-21
Solicitor/Transient Merchant/Peddler License $150.00 Ch. 30
Sec. 38-601 thru 38-603
Per Establishment (Annual) $100.00 + Machine fee
Per Machine Fee $25.00 Each
Exhibit C. Licenses and Other Permits
TEMPORARY TRAILERS & BUILDINGS PERMIT
License Fees for new licenses may be prorated; after 75% of the license period has elapsed, the fee is reduced by 50%.
Violations (3 years immediately prior to date of most current violation)
WASTE HAULER LICENSE
RENTAL HOME LICENSE
HOME OCCUPATION LICENSE (Level 2)
DOCK LICENSE
TOBACCO SALES LICENSE
SALES LICENSE
AMUSEMENT DEVICE LICENSE
ALCOHOL SALES LICENSE
KENNEL LICENSE
MASSAGE SALES LICENSE
GAMBLING PERMIT
Page 7 of 18 277
Fee
Sewer (Includes one inspection)$150.00
SAC (Sewer Availability Charge) (MCES)$2,485.00
Water (Includes one inspection)$150.00
Horn Quote Basis
Additional Connection inspection (Water or Sewer) $100.00
Additional Disconnection inspection (Water or Sewer)$100.00
Residential - City Inspection $250.00
Residential - Private Inspection Review $100.00
Commercial $750.00
Connection to existing City Sewer System: $6,000 per unit
Fee
2010 North Farm Road 23,280.00$
2014 Green Trees 24,780.00$
2015 Green Trees Extension 23,670.00$
Connection to Sewer System in adjacent city
Fee
Connection to Long Lake Sewer System $1,900.00 or per current Long Lake Fee
Schedule
Connection to Wayzata Sewer System $1,050 or per current Wayzata Fee Schedule
Connection to existing City Water Main $4,370 per unit
*or 20% over adjacent city's fee schedule, whichever is greater of
Connection to Wayzata Water System $2,470 or per current Wayzata Fee Schedule
5/8" (3/4"x7-1/2") meter with horn including sales tax Actual Cost
3/4" (3/4"x9") meter with horn including sales tax Actual Cost
1" meter with horn including sales tax Actual Cost
Larger meter Actual Cost
POINT OF SALE SEWER SERVICE INFLOW & INFILTRATION INSPECTION FEES
WATER METER AND HORN
Exhibit D. Utility Rates and Fees
Connection fees have been determined as a way to provide a fair and equitable recovery of the costs associated with providing water and wastewater
utility services to new customers to avoid placing these costs on existing customers. The connection fee includes those portions of existing assets that will
benefit new customers together with any anticipated future capital improvements constructed for the purpose of providing utility services to new
customers. The connection charge applies to those properties not previously assessed for the associated utility project.
Connection to City Sewer in areas still within their assessment window (less than 15 years since project was assessed) shall pay an amount equivalent
to the assessment amount plus interest that residences were charged at the time of the project:
Current Fee per Adjacent City
$1,900.00 or per current Long Lake Fee
Schedule
MUNICIPAL CONNECTION PERMIT
SEWER PROJECTS
WATER CONNECTIONS
Fee
Connection to Long Lake Water System
ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES
Page 8 of 18 278
CHARGES
CREDIT
UNIT CHARGE
Municipal Sewer Rate
Single Family Home:
1st $73.21 per month
By flow ($73.21/month minimum): $7.32/1,000 gallon plus
All Other: $6.39/month/SAC unit
Long Lake Service
Minimum Charge (10,000 Gallons or Less Water Usage)$73.21 per month
Over 10,000 Gallons Water Usage, per 1,000 Gallons $7.32/1,000 gallon plus
Wayzata Service
Metered Service
Minimum Charge (10,000 Gallons or Less Water Usage)$73.21 per month
Over 10,000 Gallons Water Usage, per 1,000 Gallons $7.32/1,000 gallon plus
Unmetered Service
Per Property $73.21 per month
Residential
Billing & Ready to Serve Charge $17.00/month
Unconnected Property Charge $17.00/month
Water Usage Rate
Navarre Area (Area #1) and Hwy 12 (Area #2)
Tier 1 (0-3,300 gal) $8.26/1,000 gal
Tier 2 (3,300 - 8,300 gal)$11.56/1,000 gal
Tier 3 (>8,300)$17.34/ 1,000 gal
Chevy Chase Area (Area #3)
Tier 1 (0-5,000 gal)$8.26/1,000 gal
Tier 2 (5,000-8,300 gal)$11.56/1,000 gal
Tier 3 (>8,300)$17.34/ 1,000 gal
Long Lake Area (Area #4)
Tier 1 (0-2,000 gal) $8.26/1,000 gal
Tier 2 (2,000-7,000 gal) $11.56/1,000 gal
Tier 3 (>7,000 gal) $17.34/ 1,000 gal
SEWER AND WATER UNIT ADJUSTMENT CHARGES
UTILITY SERVICE FEES
MUNICIPAL WATER RATES
Some Properties on Mytlewood and Old Long Lake Road are not connected to water. Wayzata bills Orono based on a quarterly usage of 25,000
gallons. Charge is based on the metered rates and 25,000 gallons.
Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a
property located within an area already assessed and served by municipal sewer and water.
Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council
Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit.
Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use.
Page 9 of 18 279
Multi-Family
Billing & Ready to Serve Charge per SAC Unit $17.00/month
Unconnected Property Charge $17.00/month
Water Usage Rate
Tier 1 (0-8,300 gal)$8.26/1,000 gal
Tier 2 (8,300-33,300 gal)$11.56/1,000 gal
Tier 3 (>33,300 gal)$17.34/ 1,000 gal
Commercial
Billing & Ready to Serve Charge per SAC Unit $17.00/month
Unconnected Property Charge $17.00/month
Water Usage Rate
Tier 1 (0-8,300 gal)$8.26/1,000 gal
Tier 2 (8,300-33,300 gal)$11.56/1,000 gal
Tier 3 (>33,300 gal)$17.34/ 1,000 gal
School
Billing & Ready to Serve Charge per Meter $51.00/month
Unconnected Property Charge $51.00/month
Water Usage Rate
Tier 1 (0-8,300 gal)$8.26/1,000 gal
Tier 2 (8,300-33,300 gal)$11.56/1,000 gal
Tier 3 (>33,300 gal)$17.34/ 1,000 gal
Federally Mandated Safe Drinking Water $2.43/quarter or $0.81/month Minn Stat 144.3831
Testing Program (Charged per service connection)
Monthly Service Charge for Non-Functioning or Inaccessible
Water Meter
$100.00
Bulk sale to Minnetonka Beach for Lafayette Ridge Area
Processing Fee (Per Monthly Billing Cycle)$30.00
Plus Water Usage Rate $8.26/1,000 gal
Bulk sale - All Others
Processing Fee (Per Monthly Billing Cycle)$30.00
Plus Water Usage Rate $17.34/ 1,000 gal
i.e. Fill swimming pool or watering sod.
Assessment Charge for Unpaid Accounts Certified $30.00
Water Turn-On $50.00
Water Turn-off $50.00
Water System Repair/Replacement if damage caused by property owner
Labor Current Labor Rate
Parts - At Cost Actual Cost
Conrtacted Services Actual Cost
One residential unit: $16.32/month or $48.96/quarter
Non-residential unit:Based on “Residential Equivalent Factor”
$6.76/month or $20.28/quarter
Recycling Cart from Waste Management No Charge
$100.00 per monthSUMP PUMP SURCHARGE
RECYCLING CHARGE
STORM WATER UTILITY RATES
The basic intent of storm water regulations is to minimize the impact of development on natural drainage systems. Any development in an area will
Penalty for late payment of sewer/water bills - 1% monthly if not paid by due date (applied to the total unpaid balance). Interest at 8% on unpaid
water/sewer bills certified.
Page 10 of 18 280
Right of Way Permit $50.00/permit
Right of Way Escrow (for other than Public Utility) $1,500
New Street Intersections (See zoning section - Special improvement fees)
On-Call Service to Other Cities
Base On-Call Fee $70.00/day
Call-Out Fee Actual wage and equipment rates
PUBLIC WORKS SUPPLIES & SERVICES
Page 11 of 18 281
Fee
Applicable Code or MN State
Statute (MSS) Number
Unsafe Operation $60.00 66-259
Unreasonable Acceleration $60.00 66-258
Exhibition Driving $60.00 66-7
Failure to Obey Traffic Control $60.00 169.06 MSS
Expired Registration $60.00 169.79 MSS
Unsafe Equipment $60.00 169.47 MSS
Loud Exhaust $60.00 169.69 MSS
No Driver License in Possession $60.00 171.08 MSS
Failure to Change Address on DL $60.00 171.11 MSS
Driving to Avoid Traffic Signal $60.00 66-5
Operation $60.00 66-159
Equipment $60.00 66-160
Hours of Operation $60.00 66-159
Dog at Large $60.00 62-104
Animal License Required $60.00 62-131
Feces Clean Up $60.00 22-95 & 22-114
Barking Dog $60.00 62-10
Public Nuisance/General Prohibition $60.00 70-4
Peace and Safety Violation $60.00 70-166
Discharge of Firearm $60.00 70-97
No Permit $60.00 58-186
Negligent Burning $60.00 58-193
No Open Burning $60.00 58-193
Loud Noise Prohibited $60.00 58-120
ADMINISTRATIVE OFFENSES (POLICE ADMINISTERED)
PUBLIC NUISANCES
OPEN BURNING
NOISE
Exhibit E. Administrative Offenses
TRAFFIC/VEHICLE OFFENSES
SNOWMOBILE VIOLATIONS
ANIMALS
Page 12 of 18 282
Hours of Operation $60.00 22-89
Operating a Motor Vehicle within Park $60.00 22-92
No Permit $60.00 22-102
Feces Clean Up $60.00 22-95, 22-102 & 22-114
Violation of General Provisions $60.00 18-4
Sign Impoundment Fee $25.00 78-1473
Curfew $60.00 70-274
Possession of Tobacco $60.00 609.685 Sub 3 MSS
1,000-9,999 lbs overweight .15 cents per lb over 169.824 Sub 1 MSS
General $25.00 66-78
Seasonal 0200-0600 on $25.00 66-80
Street Prohibited
Handicapped $60.00 66-85
Fire Lane $25.00 46-85
TOBACCO USE VIOLATION
Penalty for Use Where Prohibited $100.00 Sec. 51-5
SPECIAL EVENT VIOLATIONS
1st Violation $250.00
2nd Violation $500.00
3rd Violation $1,000.00
Watering Restrictions $60.00 610.50 Sub 15 MSS
Placing Snow on Street $25.00 18-5
SEASONAL OVERWEIGHT VEHICLES
PARKING
MISCELLANEOUS
PARK VIOLATIONS
SIGN VIOLATIONS
JUVENILE
Page 13 of 18 283
Fee
MONDAY THRU SUNDAY RATES
Individual (Regular)$20.00
Juniors (10-18 years old)$12.00
Seniors (62 years or older)$16.00
Second Round $10.00
Children under 10 golf free with an adult
Base Resident
Individual Season Pass $600.00 $500.00
Junior Season Pass (10 - 18 years old)$300.00 $250.00
Senior Season Pass (62 years or older)$500.00 $400.00
Family* Season Pass $750.00 $600.00
GOLF CART RENTAL RATES
Motorized Cart Rental/Per Person for 9 holes $11.00
Motorized Cart Rental/Per Person for 18 holes $15.00
Pull Carts/Per Round $5.00
Golf Clubs/Per Round $5.00
CONCESSION RATES As Posted
Resident $40.00
Non-Resident $55.00
Admin Fine - No Permit See Admin Fines
Passes will go on sale for the following year on Nov 1 st.
Passes to be prorated at 50% on August 1st.
Exhibit F. Park Fees
* Family meaning: Immediate family living in the same household. Children must be 18 years old
or younger.
LURTON PARK PASSES
The cost to cover replacement passes will be $5.00
SEASON PASS RATES (Unlimited Non-League Play)
The administrative fine will be enforced on vehicles that do not display a current parking pass. The fee
will be waived with proof of a current parking pass. Payment of the fine will qualify as payment to
obtain a permit.
Parks and Facilities Director shall have the authority to deviate from these prices for the purpose of
promoting specials and for special events.
GOLF COURSE FEES
Page 14 of 18 284
SUMMIT BEACH
CANOE RACK RENTAL See Licenses and Miscellaneous Charges
FIELD/FACILITY RESERVATIONS
PARK FACILITY USE PERMIT
Resident (Individual, business or group) $15.00
Non-Resident (Individual, business or group)$25.00
Golf Course Club House $40.00 / Hour
Page 15 of 18 285
Fee
Sec. 62-104
1st Offense $60.00
2nd Offense $80.00
3rd Offense $100.00
After Hours, Weekend & Holiday
Release Charge
$75.00
Ch. 62, Article I
1st Offense $55.00
2nd Offense $65.00
3rd Offense $75.00
Actual Cost
$200.00 + $60.00 each
additional day; actual
costs up to $1,500
Sec. 38-801 thru 38-803
Sec. 70-99
Sale and/or Storage of Consumer
Fireworks $100.00
Ch. 70, Article III
Pest Control (limited use)$25.00
$25 If Participate in the Deer
Annual (Club Only)$25.00 Management Program
$20.00 Sec. 70-71
$100.00 Ch. 66, Article VI
Special Events involving fireworks $250.00
Ch. 42, Article III
1st false alarm/per calendar year No Charge
2nd false alarm/per calendar year $100.00
3rd false alarm/per calendar year $200.00
4th false alarm/per calendar year $300.00
5th and over false alarm/per
calendar year
$400.00
Exhibit G. Public Safety
DOGS AT LARGE - RELEASE FEE
CARE OF IMPOUNDED ANIMAL
LARGE ASSEMBLY LICENSE (over 300 people)
FIREWORKS PERMIT
ANIMALS AT LARGE (Other than dogs) - RELEASE FEE
FIREARMS DISCHARGE PERMIT
LIMITED TRAPPING PERMIT
SPECIAL EVENTS PERMIT
FALSE POLICE ALARM USER FEES
Page 16 of 18 286
Ch. 42, Article III
1st false alarm/calendar year No Charge
2nd false alarm/calendar year $100.00
3rd false alarm/calendar year $250.00
4th false alarm/calendar year $350.00
5th & over false alarm/calendar year $500.00 Each Call
$50.00 Per Application
Officer 119 Rate $150.00 Per Hour
Lord Fletchers $130.00 Per Hour
Police Reserve Officers $30.00 Per Hour
Alcohol/Tobacco Compliance $25.00 Per Hour
$0.25 Per Page Up to 100 copies
More than 100 pages (actual costs)
PHOTOS $10.00 On CD
VIDEO
Booking Room Video $20.00
Squad Videos $20.00
Body Worn Cameras $50.00
AUDIO BTA Audio $10.00
Paper signs (no lath included)$2.00 each
Laminated $5.00 each
STATEMENTS $10.00
$50.00
For CD & (transcribed copy or CD when available;
subject to Data Privacy Act - will be charged an actual
hourly fee)
Per Gun (Police Policy 3056)FIREARM STORAGE FEES
POLICE SPECIAL SERVICES (3 Hours Minimum)
FINGERPRINTING SERVICE
FALSE FIRE ALARM USER FEES
SIGNS: "NO PARKING ORDER OF POLICE"
COPY SERVICE - Police Records
$.25/ single sided page plus actual cost
for search, retrieve, copy,
transmit/device.
Page 17 of 18 287
Brush Site Fees
Brush and Branches (< 6"Diameter) $8.00/Cubic Yard
Logs (6-10"Diameter) $16.00/Cubic Yard
Logs (10-18"Diameter) $40.00/Cubic Yard
No Stumps / Dirt accepted
Brush Volume Estimates Cost
Pick up truck box appx 2.7 Cu 21.60$
Single axle trailer appx 2 Cu 16.00$
Tandem axle trailer appx 7 Cu 56.00$
Ex H. Brush Site
First truck load or small trailer is free for Orono residents. One free load per
day. (3 cubic yards)
Page 18 of 18 288
ORDINANCE NO. 308, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE ADOPTING THE 2025 FEE SCHEDULE AND REPEALING
ORDINANCE NO. 305, THIRD SERIES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Ordinances Repealed. Ordinance No. 305, Third Series, entitled 2024 Fee
Schedule is hereby repealed.
SECTION 2. The City Council of Orono hereby ordains the fees attached as Exhibits A-H
effective during the calendar year 2025 in accordance with city code 1-2-171(a-b).
SECTION 3. EFFECTIVE DATE: This ordinance establishing the 2025 Fee Schedule
shall be published as a Summary Ordinance and shall be effective to January 1, 2025 upon
publication.
ADOPTED this 9th day of December, 2024 on a vote of ayes and nays by the City
Council of Orono, Minnesota.
ATTEST:
Christine Lusian, City Clerk Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of , 2024.
1
289
SUMMARY PUBLICATION
ORDINANCE NO. 308
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE ADOPTING THE 2025 FEE SCHEDULE AND REPEALING
ORDINANCE NO. 305, THIRD SERIES
This is a summary of the provisions of Ordinance No. 308, which has been approved for
publication by the City Council.
At the December 9, 2024 City Council meeting, the Orono City Council enacted Ordinance No.
308 Adopting the 2025 Fee Schedule and Repealing Ordinance 305. The full ordinance is
available to the public at the City Clerk’s office, 2750 Kelley Parkway, Orono, MN 55356 during
normal business hours and online at www.oronomn.gov.
CITY OF ORONO
/s/Dennis Walsh, Mayor
Attest:
/s/Christine Lusian, City Clerk
290
Date: December 9, 2024 Item: 13
Presenter: Maggie Jin, Finance Director
Section: Consent Agenda
Title: Adopt 2025 Capital Improvement Plan
1.Purpose:
The purpose of this agenda item is to approve the 2025 Capital Improvement Plan.
2.Background:
In 2012 the City first formally adopted a Capital Improvement Plan (CIP). Since then, in order to
keep the CIP useful and relevant, each year as part of the budget process, staff updates the Capital
Improvement Plan (CIP). The CIP is a planning level document that provides a 10-year planning
schedule and allows the identification of significant capital expenses. The CIP is solely a planning
document and approval of the CIP does not constitute approval of any expenditures.
There are two main purposes of the CIP. First purpose is to identify CIP items as needs by staff.
The second is determining available funding for the CIP. Some items identified in the CIP will
require additional funding sources (grants, donations, partnerships, etc.) to be secured prior to
moving forward with the projects or purchase.
The CIP is used to inform future budgets of the funding needs for critical infrastructure like roads,
utility infrastructure, and equipment needs.
3.Staff Recommendation:
Staff recommends approval of the 2025 Capital Improvement Plan as a planning document used to
inform future budgets and funding needs.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Motion to approve the 2025 Capital Improvement Plan.
Exhibits
Exhibit A. 2025 Capital Improvement Plan
291
City of Orono
Capital Improvement Plan
2025 - 2034
292
Summary of Cost
By Category 2
By Fund 3
Parks 4
Equipment 5
Information Technology 7
Police 8
Fire 9
Facilities 10
Community Investment 11
Streets 12
Water 13
Sanitary Sewer 14
Storm Sewer 15
Funds Summary 16
TABLE OF CONTENT
Page 1 of 24 293
Current YearCategory 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Parks201,784 208,400 1,040,000 805,000 310,000 320,000 705,000 647,000 1,505,000 1,020,000 100,000Equipment969,000 562,000 498,800 740,000 376,000 320,000 400,000 305,000 290,000 315,000 50,000Facilities2,855,200 1,375,000 1,198,200 1,505,000 160,000 379,000 160,000 160,000 205,000 160,000 160,000IT78,700 203,500 155,500 172,0007,000 112,000 82,000 20,000 73,000 82,000 82,000Police97,000 296,000 414,000 470,000 200,000 245,000 164,000 220,000 475,000 165,000 110,000Fire910,100 699,500 806,600 369,600 689,600 475,000 555,000 1,155,000 700,000 820,000 700,000Community Investment 357,0000000000000Streets1,085,200 1,747,400 1,349,400 1,691,500 1,240,600 1,364,200 1,823,500 1,401,800 1,730,000 1,630,000 1,210,000Water401,660 310,900 651,800 410,380 493,880 378,460 11,460,800 1,321,740 30,800 30,800 900,000Sanitary Sewer609,200 471,100 472,400 671,100 559,600 458,000 503,900 439,600 637,100 472,800 176,900Storm Sewer338,400 626,300 381,600 311,200 515,800 374,600 640,800 228,900 365,000 425,000 265,000Total$7,903,244 $6,500,100 $6,968,300 $7,145,780 $4,552,480 $4,426,260 $16,495,000 $5,899,040 $6,010,900 $5,120,600 $3,753,9005-Year CIPPlanning PeriodSummary of Costs By CategoryPage 2 of 24294
Current YearCategory 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Park Fund 80,892 171,400 1,000,000 795,000 295,000 270,000 545,000 597,000 635,000 545,000 50,000Lurton Park Fund 80,000 0 20,000 0 0 20,000 0 0 20,000 0 0Equipment Improvement Outlay Fund 969,000 562,000 498,800 740,000 376,000 320,000 400,000 305,000 290,000 315,000 50,000IT Fund 78,700 55,000 98,500 85,000 0 30,000 50,000 13,000 66,000 75,000 75,000Police Capital Fund 97,000 296,000 414,000 270,000 200,000 245,000 104,000 220,000 275,000 165,000 110,000Drug and Felony Forfeiture Fund 0 81,500 57,000 207,000 7,000 7,000 67,000 7,000 207,000 7,000 7,000Fire Capital Fund 910,100 699,500 806,600 369,600 689,600 475,000 555,000 1,155,000 700,000 820,000 700,000Facilities Fund 2,855,200 1,375,000 1,198,200 1,505,000 160,000 379,000 160,000 160,000 205,000 160,000 160,000Community Investment Fund 357,0000000000000MSA Fund 92,000 375,900 0 570,300 0 0 695,000 420,000 420,000 420,000 0Pavement Management Fund 993,200 1,371,500 1,349,400 1,121,200 1,240,600 1,364,200 1,128,500 981,800 1,310,000 1,210,000 1,210,000Water Fund 401,660 377,900 651,800 490,380 493,880 378,460 11,460,800 1,321,740 30,800 30,800 900,000Sewer Fund 609,200 471,100 472,400 671,100 559,600 458,000 503,900 439,600 637,100 472,800 176,900Storm Sewer Fund 338,400 626,300 381,600 311,200 515,800 374,600 640,800 228,900 365,000 425,000 265,000Golf Course Fund 40,892 37,000 20,000 10,000 15,000 30,000 160,000 50,000 850,000 475,000 50,000Cable Fund 45,000 255,000 0 330,000 0 0 100,0000000Total $7,948,244 $6,755,100 $6,968,300 $7,475,780 $4,552,480 $4,351,260 $16,570,000 $5,899,040 $6,010,900 $5,120,600 $3,753,900Summary of Costs By Fund5-Year CIPPlanning PeriodPage 3 of 24295
Current YearProject20242025202620272028202920302031203220332034Tree Management Plan * 40,000Tree Disease Management Plan20,000 20,000 20,000 20,000 10,000 10,000 10,000 10,000Hackberry Improvements (Per concept plan) *50,000 600,000150,000Lurton Dog Park Parking Lot80,000Lurton Park Improvement Projects (Trails and Infrastruture, details TBD)20,000 20,000 20,000Pickleball Courts (Donation Garden) *50,000 600,000CR 6 Trail (OCB - Willow) Improvement36,400Antoine Park Upgrades15,000 85,000Trail construction along North Arm Drive to Lakeview Legacy Park 80,000Summit Beach Improvements (Per Master Plan)25,000 250,000Crystal Bay Park Sport fields *25,000 150,000Crystal Bay Park Improvements (Parking, picknic area, Trailhead, Facilities) *500,000Bederwood Baseball Field (Irrigation, Shelter, Restroom)20,000 15,000 300,000Mountain Bike Trail (at Golf Course) *15,000 50,000Trail Construction along OCB and North Shore (Luce Line to Dakota) *567,000Trail Construction along CSAH 19 south from the Dakota Trail *200,000Access to Lowry Woods (Easment or property purchase)300,000Dock Replacement (15 year life)10,000 10,000 10,000 20,000Playground Equipment Replacement (Navarre, Hackberry, Bederwood, Crystal Bay, Fagerness) 85,000 85,000 125,000Lake Access Refresh (Gravel, Signage, Fencing and gates)10,00010,000Park Signage Update25,000Bederwood Playground Improvement (Edging and Mulch)15,000GC Pavilion81,784Golf Course Irrigation 15,00050,000 50,000 700,000250,000Clubhouse Renovation / Construction450,000Outdoor Gas Fire Pit Area / Winter Activities Site40,000Cart Storage Facility with Electrical / Winter Activities Pavilion100,000Cart Path Improvements (Asphalt or similar durable surface less suseptable to WO)12,00020,000Tee Leveling10,00010,000Golf Course Drainage10,00015,000GC Parking Lot (Entry and Lower Lot)80,000Golf Course Maintenance Facility150,000Push Carts and Rental Clubs10,000Food Service Upgrade (Food Trailer) 10,000 10,000Total$201,784$208,400$1,040,000$805,000$310,000$320,000$705,000$647,000$1,505,000$1,020,000$100,000By CategoryParks80,892 171,4001,000,000795,000295,000270,000545,000597,000635,000545,00050,000Lurton Park80,000 0 20,000 0 0 20,000 0 0 20,000 0 0Golf Course40,892 37,000 20,000 10,000 15,000 30,000 160,00050,000 850,000475,00050,000Total$201,784$208,400$1,040,000$805,000$310,000$320,000$705,000$647,000$1,505,000$1,020,000$100,000By Funding SourceParks Fund50,892 171,400675,000195,000295,000195,000295,000313,500535,000545,00050,000Lurton Park Fund80,000 0 20,000 0 0 20,000 0 0 20,000 0 0Golf Course Fund40,892 37,000 20,000 10,000 15,000 30,000 160,00050,000 850,000475,00050,000Grants30,000 0 325,000600,000075,000 250,000283,500100,00000Total$201,784$208,400$1,040,000$805,000$310,000$320,000$705,000$647,000$1,505,000$1,020,000$100,000* Item requires outside funding (Grants, Donations…)5-Year CIPPlanning PeriodParks Capital Improvement PlanPage 4 of 24296
Current YearDescription 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Power Mop (Floor Scubber) 5,000Tee Mower15,000Rough Mower55,000Greens Mower 20,000 35,00050,000Greens Roller13,000Fairway Mower40,00040,000Greens / Turf Roller13,000Mower (Big island)9,000 15,000Boat Replacement (share with Fire) order 175,000Toolcat or Small Tractor w/ Loader50,000Stump Grinder Attachment 15,000Utility Cart 30,00030,000Ventrac w/ Snow Attachments 75,000Ski Trail Groomer18,000Track System (PD UTV) 12,000Topdresser15,000Admin vehicle 50,000Tire changer , balancer and related acc.Forklift 45,000Sweeper / Scrubber 40,000Truck 3/4 Ton Pickup no plow 75,000Wheel Lifts ( Fire Ladder, Sewer vactor)100,000Wheel Alignment Equipment30,000Loader with Plow (Potential Lease)300,000Mini Loader 140,000Building Inspection Vehicle 40,300Jet Rodder- Pump and hose unit80,000Tanker/Tender (Sewer/Stormwater portion) 169,000Truck 3/4 Ton Pickup 55,000Vactor Truck605,000Sewer Easement Machine 100,000Tractor Loader Backhoe145,500Mini Excavator 145,000Ford 3/4 Ton Pickup60,000Hot Patch Truck275,000Crack Sealing Equipment65,000Chipper40,500Trailer small wood deck30,000Trailer Mesh Ramp9,000Skid loader70,000Snow blower11,5005-Year CIPPlanning PeriodEquipment Capital Improvement PlanPage 5 of 24297
Current YearDescription 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 20345-Year CIPPlanning PeriodEquipment Capital Improvement PlanAir Compressor40,000Truck, 1 Ton Dump Truck w/Plow and Sander175,000Roller40,000Dump Truck w/ Plow and Sander260,000Dump Truck w/ Plow and Sander275,000Dump Truck w/ Plow and Sander275,000Dump Truck w/ Plow and Sander275,000Truck 3/4 Ton Pickup w/Plow 75,000Total $969,000 $562,000 $498,800 $740,000 $376,000 $320,000 $400,000 $305,000 $290,000 $315,000 $50,000By CategoryGeneral Fund Total$0 $62,000 $338,300 $297,000 $261,000 $265,000 $300,000 $305,000 $290,000 $275,000$0Parks0 57,000 268,000 13,000 74,00000 30,000 15,00000Central Service05,000000 50,00000000Planning00 40,30000000000Streets00 30,000 284,000 187,000 215,000 300,000 275,000 275,000 275,0000Enterprise Fund Total$924,000 $245,000 $160,500 $113,000 $115,000 $55,000$0$0$0 $40,000 $50,000Water75,0000000000000Sewer744,500 100,00000 80,000000000Storm84,500 145,000 145,500 60,0000000000Golf Course20,0000 15,000 53,000 35,000 55,000000 40,000 50,000Fleet Fund Total$45,000 $255,000$0 $330,000$0$0 $100,000$0$0$0$0Fleet45,000 255,0000 330,00000 100,0000000Fire Capital Total$0$0$0$0$0$0$0$0$0$0$0Fire Capital00000000000Total$969,000 $562,000 $498,800 $740,000 $376,000 $320,000 $400,000 $305,000 $290,000 $315,000 $50,000By TypeAutomotive904,000 75,000 40,300 335,000 80,000 225,000 260,000 275,000 275,000 275,0000Equipment65,000 487,000 458,500 405,000 296,000 95,000 140,000 30,000 15,000 40,000 50,000Total$969,000 $562,000 $498,800 $740,000 $376,000 $320,000 $400,000 $305,000 $290,000 $315,000 $50,000Page 6 of 24298
Current YearProject 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034ArcGIS Online Upgrade Implementation 25,000File Servers X 2 (5 Years)17,000 20,000Server Upgrade - Microsoft 365 40,000Phone Replacement (10 Years) 50,000Switch (12 Total Switches)28,000 20,000 30,000 30,000 13,000 24,000Web Site Upgrade25,000Firewall10,00012,000Fiber in Navarre - Fire Station 30,000Fiber in Navarre - Water Plant80,000Fiber in North Water Plant 67,000Navarre Station Access Point (3 Points) 15,000Navarre Station Switch8,500Wireless Access Points - 18 Total25,00030,000Council Chamber AV (Cable Fund)75,000Large Format Scanner5,000Laserfiche Upgrades 7,500Permitting Software30,000EOC Audio/Video Upgrade 50,000Police Security Camera Upgrade 50,000Police Mobile Data Computer 31,500 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000Police Mobile Data Computer 6,200Future IT Projects75,000 75,000Totals$78,700 $203,500 $155,500 $172,000 $7,000 $112,000 $82,000 $20,000 $73,000 $82,000 $82,000By DepartmentGeneral Fund Total78,700 136,500 155,500 92,0007,000 112,000 82,000 20,000 73,000 82,000 82,000Central Service72,500 55,000 45,000 85,0000 105,000 75,000 13,000 66,000 75,000 75,000Police6,200 81,500 57,0007,0007,0007,0007,0007,0007,0007,0007,000Fire00 53,50000000000Enterprise Fund Total0 67,000000000000Water0 67,000000000000Total$78,700 $203,500 $155,500 $92,000 $7,000 $112,000 $82,000 $20,000 $73,000 $82,000 $82,000By Funding SourceIT Fund78,700 55,000 98,500 85,0000 30,000 50,000 13,000 66,000 75,000 75,000Cable Fund0000075,000 25,0000000Water Fund0 67,0000 80,0000000000Drug and Felony Forfeiture Fund0 81,500 57,0007,0007,0007,0007,0007,0007,0007,0007,000Total$78,700 $203,500 $155,500 $172,000 $7,000 $112,000 $82,000 $20,000 $73,000 $82,000 $82,000IT Capital Improvement Plan5-Year CIPPlanning PeriodPage 7 of 24299
Current YearDescription 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Squad 264 (Dodge Durango SUV) 50,00055,000Squad 265 (Dodge Durango SUV)62,00065,00055,000Squad 266 (Dodge Durango SUV)62,00055,000Squad 267 (Dodge Charger)62,00055,000Squad 268 (Dodge Charger) 62,00065,00055,000Squad 269 (Dodge Durango)62,00052,000Squad 270 (Chevy Tahoe)62,00065,00055,000Squad 271 (Chevy Tahoe)50,00055,000Squad 272(Chevy Tahoe)50,00055,000Squad 273 (Chevy Tahoe)50,00055,000Squad 274 (Chevy Tahoe)50,00055,000Squad 260 (Dodge Durango)47,00050,00055,000Squad 261 (Dodge Durango) Chief50,00052,000Squad 843 (Tahoe-Mound) SROSquad 255 (Dodge Durango) CSO50,00055,000Squad 247 (Dodge Ram) Investigations58,000Squad 257 (Dodge Jouney) Deputy Chief50,00055,000Squad 256 (Dodge Journey) Investigations50,00055,000Weapons - Tasers50,000Weapons - Tasers60,000Weapons - Handguns30,000Mobile Radios50,000 50,000Squad/Body Video CamerasBody Worn Cameras200,000200,000Police Records140,000Ballistic Glass Upgrade (for Facilities)30,000Total$97,000 $296,000 $414,000 $470,000 $200,000 $245,000 $164,000 $220,000 $475,000 $165,000 $110,000By Funding SourceGeneral Fund97,000 186,000 224,000 220,000 200,000 245,000 104,000 220,000 275,000 165,000 110,000Police Capital Fund0 110,000 190,000 50,0000000000Drug and Felony Forfeiture Fund000 200,00000 60,0000 200,00000Total$97,000 $296,000 $414,000 $270,000 $200,000 $245,000 $104,000 $220,000 $275,000 $165,000 $110,0005-Year CIPPlanning PeriodPolice Capital Improvement PlanPage 8 of 24300
Current YearDescription20242025202620272028202920302031203220332034Command Vehicle - (506)Order 110,000Command Vehicle - (504)Order 100,000Order 120,000Inspector/Utility Vehicle - (503)2,500Order 105,000Front Engine Station 1 (520) - order in 2023 for deliver in 2025235,000195,000195,000195,000195,000195,000195,000Aerial/Ladder Truck (505)Order 500,000500,000500,000Brush/Medical (511)Order 155,00050,00050,00050,00050,00050,000Tanker/Tender Station 1 (512)27,000400,000Fire Boat on Trailer (531 & 531T)10,000Brush/Medical ATV on TrailerOrder 100,000Front Engine Station 2 (507) - Used Rosenbauer294,60094,60094,60094,60094,600Backup Engine Station 1 - old engine 21 Order 200,000200,000200,000200,000200,000200,000Brush/Medical Utility Station 2 (521)130,00030,00030,00030,00030,00030,000Tanker/Tender Station 2 (509) - Shared with Sewer/Stormwater243,000Fire Boat on Lake Minnetonka (530) Shared w/ ParksOrder 175,000Turn Out Gear (Funded by An Trnsf from Operating)240,000Order 115,000Order 115,000Order 360,000Lake Minnetonka DockOrder 10,000LLFD Brush/Medical (U11)184,900Total$910,100$699,500$806,600$369,600$689,600$475,000$555,000$1,155,000$700,000$820,000$700,000By CategoryTotal Apparatus670,100699,500681,600369,600574,600475,000555,000795,000700,000820,000700,000Total Equipment240,0000 125,0000 115,00000 360,000000Total$910,100$699,500$806,600$369,600$689,600$475,000$555,000$1,155,000$700,000$820,000$700,000By StationStation 1 - North Area 2,500 574,900382,000245,000450,000445,000555,000795,000700,000820,000700,000Station 2 - South Area907,600124,600424,600124,600239,60030,0000 360,000000Total$910,100$699,500$806,600$369,600$689,600$475,000$555,000$1,155,000$700,000$820,000$700,0005-Year CIPPlanning PeriodFire Capital Improvement PlanPage 9 of 24301
Current YearProject20242025202620272028202920302031203220332034City Hall and PW Interior PaintingNew Public Works Facility 2,300,000New Public Works Facility - Communications and SecurityNew Public Works Facility Salt Shed and Commodities Area 1,300,000PW Facility Repurpose (Temp Fire)200,000Navarre Temp Fire Improvements (Water Plant Garage)338,200Fire Station #2 Improvements200,000Fire Station #1 Purchase850,000Fire Station #1 Improvements78,2001,125,000City Hall Sidewalk and Curb17,000City Hall Roof Replacement320,000Police Department Roof Replacement209,000City Hall Parking Lot chip Seal (7 years)35,00045,000City Hall Furnisher Improvement40,000City Hall Breakroom Renovation (includes fountains and appliances)35,000Wellness Room (City Hall)15,000Communications Cubical10,000LED Light Replacement *10,00010,000Solar Improvements (New PW) *30,00030,000Future Facilities Improvements160,000160,000160,000160,000160,000160,000160,000Total$2,855,200$1,375,000$1,198,200$1,505,000$160,000$379,000$160,000$160,000$205,000$160,000$160,000By CategoryCity Hall Campus17,00045,00040,000380,0000 219,0000045,00000Public Works Buildling 2,300,0001,330,00030,00000000000North Fire Station 200,0000 928,2001,125,0000000000South Fire Station 338,2000 200,00000000000Recreation Center00000000000Unallocated Future Needs 0 0 0 0 160,000160,000160,000160,000160,000160,000160,000Totals$2,855,200$1,375,000$1,198,200$1,505,000$160,000$379,000$160,000$160,000$205,000$160,000$160,000By Funding SourceFacilities Fund 2,855,2001,375,0001,198,2001,505,000160,000379,000160,000160,000205,000160,000160,000Grants00000000000Totals$2,855,200$1,375,000$1,198,200$1,505,000$160,000$379,000$160,000$160,000$205,000$160,000$160,000* Item requires outside funding (Grants, Donations…)5-Year CIPPlanning PeriodFacilities Capital Improvement PlanPage 10 of 24302
Current YearProject20242025202620272028202920302031203220332034County Road 112 Turn Back (Lighting/Sidewalks) *357,000Totals$357,000$0$0$0$0$0$0$0$0$0$05-Year CIPPlanning Period* The scope of the County Road 112 Turn Back Project is yet to be determined. Therefore, the cost estimate for the project is subject to change and refinement as the project development process proceeds. The City's final share of the project will be established by the County's cost sharing policy and the final scope of the project as developed by the City of Orono and Hennepin County.Community Investment Capital Improvement PlanPage 11 of 24303
Current YearProject20242025202620272028202920302031203220332034Partenwood122,300Orchard Park Road199,200Willow Drive - Fox St- Brown Road 621,700Kelly Avenue (Lydiard, Carman, Lydiard circle)973,000Ferndale Road West173,750Dahl Road123,000Wildhurst Trail Cul-de-sac51,750North Arm Drive & Lane1,014,100Spates and Railroad85,700Hackberry (Hackberry Hill, Elm Ln, Maple Ln)149,600Old Long Lake Road805,200Myrtlewood92,300Crestview Avenue123,700Spring Hill Road529,500Herritage Lane and Drive611,100Stubbs Bay North270,600Dickey Lake Drive388,400Fagerness Point (Webb, Corral)400,200Kelley Parkway (Stonebay to Willow)205,000Forest Lake Dr, Linden Lane, Spruce Place, Loma Linda, Elmwood Ave817,900Cherry Ave, Maple Place, Minnie Ave, Cherry Ave210,600Garden Court180,600Birch Lane 30,800Mapleridge Lane37,600Fox Ridge Road43,300Farview Lane222,100Webber Hills and Shevlin Drive326,400Ivy Place41,000Future road reconstructions/ M&O and Reclaims (per Year)1,110,0001,110,0001,110,000Preventive Maintenance50,00050,000100,000100,000100,000100,000100,000100,000200,000100,000100,000Willow Drive (Kelley to CSAH 112)92,000Brown Road North375,900Old Crystal Bay Road (Watertown to Fox)570,300McCulley Road695,000Future MSA road projects (per year)420,000420,000420,000Totals Streets$1,085,200$1,747,400$1,349,400$1,691,500$1,240,600$1,364,200$1,823,500$1,401,800$1,730,000$1,630,000$1,210,000Funding SourcePavement Management Fund 993,2001,371,5001,349,4001,121,2001,240,6001,364,2001,128,500981,8001,310,0001,210,0001,210,000MSA Fund92,000375,9000 570,30000 695,000420,000420,000420,0000Total$1,085,200$1,747,400$1,349,400$1,691,500$1,240,600$1,364,200$1,823,500$1,401,800$1,730,000$1,630,000$1,210,0005-Year CIPPlanning PeriodStreets Capital Improvement PlanPage 12 of 24304
Current YearProject2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Water System Work with Road Projects (Valve Replacements) 23,760900011,88014,58053,46005,940000Watermain Replacement CSAH 19 (Kelly Ave) 200,000Fire Hydrants Repairs 30,000Lead service inventory 10,000Navarre Waterplant Softener Valve Replacement 100,000North Water Tower deep clean/Inspection and repairs 100,000Water Meter Replacement 95,000 170,000Wellhead Protection Plan Updates 20,000Navarre Plant Control Upgrade110,000 594,000South Tower Repaint and Rehabilitation400,000Well #4 Inspection & Maintenance (every 10 yrs)20,000Watermain Replacement CSAH 19 (Maple Ridge to end)1,285,000North Water Plant Painting30,000South Water Plant Painting60,000Well #1 Inspection and Maintenance (every 10 yrs)20,000North Water Plant Iron Filter11,200,000North Waterplant Switch Gear Upgrade100,000Well #2 Inspection and Maintenance (every 10 yrs)20,000Water Main Loop Concordia230,000Water Supply Plan Update20,000North Well House Upgrade (Sewer)10,000Well #3 Inspection & Maintenance (every 10 yrs)20,000Water SCADA Technology Upgrades75,000Water Valve Replacements (5 / Year) 22,900 27,800 28,500 29,300 30,000 30,800 30,800 30,800 30,800Water Main Replacement/Rehab 200,000900,000Totals$401,660 $310,900 $651,800 $410,380 $493,880 $378,460 $11,460,800 $1,321,740 $30,800 $30,800 $900,0005-Year CIPPlanning PeriodWater Capital Improvement PlanPage 13 of 24305
Current YearProject 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034Sewer Rehabilitation 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000Road Project Sanitary Adjustments 29,200 41,100 32,400 21,100 14,600 35,600 77,800 9,700 3,300 35,000 35,000Sewer Meter installation (into Long Lake)60,000Lift Station #5 Rehab + Wetwell I&I Rehab 140,000Lift Station #28 Rehab inc. Gen Replacement 140,000Lift Station #27 Rehab 60,000Lift Station #4 Rehab 70,000Lift Station #27 Rehab70,000Lift Station #22 Rehab70,000Lift Station #18 Rehab inc. Gen Replacement 150,000Lift Station #23 Rehab60,000Lift Station #26 Rehab inc. Gen Replacement125,000Lift Station Rehab (2 per year)122,400 126,100 129,900 133,800 137,800 141,900ForceMain Replacements200,000 200,000Totals$609,200 $471,100 $472,400 $671,100 $559,600 $458,000 $503,900 $439,600 $637,100 $472,800 $176,9005-Year CIP Planning PeriodSanitary Sewer Capital Improvement PlanPage 14 of 24306
Current YearProject20242025202620272028202920302031203220332034Road Project Stormwater Improvements173,400365,300186,600153,200310,800189,600395,80043,900180,000180,000180,000McCulley Road Outlet (SWMP O-3)65,000Casco Cove Outlet and Bioretention Basin (SWMP O-2 & CB-3)161,000Hackberry Park and Neighborhood Stormwater Improvements95,000Surface Water Management Projects, Unnamed (Per Year)85,00085,00085,00085,00085,00085,00085,000Pond Cleaning/Maintenance (1/3 years)58,00060,00060,000Surface Water Management Plan Update20,000Storm Sewer Improvements/Replacements (Per Year)100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000Totals$338,400$626,300$381,600$311,200$515,800$374,600$640,800$228,900$365,000$425,000$265,0005-Year CIPPlanning PeriodStorm Sewer Capital Improvement PlanPage 15 of 24307
Park FundBalance 12/31/23 $281,681Table 1Current Year20242025202620272028202920302031203220332034ExpenditureParks CIP80,892 171,4001,000,000795,000295,000270,000545,000597,000635,000545,00050,000Other Expenditure1,2395,0005,0005,0005,0005,0005,0005,0005,0005,0005,000Total Expenditure82,131 176,4001,005,000800,000300,000275,000550,000602,000640,000550,00055,000RevenueGrants and Donations 30,0000 325,000600,000075,000250,000283,500100,00000Park Dedication0 10,00010,00010,00010,00010,00010,00010,00010,00010,00010,000Tax Levy200,000200,000250,000300,000350,000400,000450,000500,000500,000500,000500,000Transfers In - Other Funds (Big Island)141,6060000000000Interest Revenue (1) 8,500 17,40018,9006,90010,40012,50019,20024,60031,00031,10030,800Total Revenue380,106227,400603,900916,900370,400497,500729,200818,100641,000541,100540,800Change in Fund Balance297,97551,000(401,100)116,90070,400222,500179,200216,1001,000(8,900)485,800Ending Balance$579,656$630,656$229,556$346,456$416,856$639,356$818,556$1,034,656$1,035,656$1,026,756$1,512,556Lurton Park FundBalance 12/31/23 $105,183Table 2Current Year20242025202620272028202920302031203220332034ExpenditureParks CIP80,000020,0000020,0000020,00000Other Expenditure00000000000Total Expenditure80,000020,0000020,0000020,00000RevenueOperating Revenue (1)28,00028,84029,70530,59631,51432,46033,43334,43635,47036,53437,630Grants and Donations 1,2001,0001,0001,0001,000000000Total Revenue29,20029,84030,70531,59632,51432,46033,43334,43635,47036,53437,630Change in Fund Balance(50,800)29,84010,70531,59632,51412,46033,43334,43615,47036,53437,630Ending Balance$54,383 $84,223 $94,929$126,525$159,039$171,499$204,932$239,369$254,838$291,372$329,002Funds Summary5 Year CIPPlanning Period5 Year CIPPlanning PeriodPage 16 of 24308
Equipment Improvement Outlay FundBalance 12/31/23 $212,023Table 3Current Year20242025202620272028202920302031203220332034ExpenditureEquipment CIP969,000562,000498,800740,000376,000320,000400,000305,000290,000315,00050,000Transfer to IT Fund260,0000000000000Total Expenditure1,229,000562,000498,800740,000376,000320,000400,000305,000290,000315,00050,000RevenueTransfer in - General Fund200,000125,000200,000250,000250,000300,000300,000300,000300,000300,000300,000Transfer in - Enterprise Funds924,000245,000160,500113,000115,00055,00000040,0000Transfer in - Fleet 45,000255,0000 330,00000 100,0000000Interest Revenue (1) 6,400 4,800 6,800 2,800 1,500 1,200 2,300 2,400 2,300 2,700 3,500Total Revenue 1,175,400629,800367,300695,800366,500356,200402,300302,400302,300342,700303,500Change in Fund Balance(53,600)67,800(131,500) (44,200) (9,500)36,2002,300(2,600)12,30027,700253,500Ending Balance$158,423$226,223$94,723 $50,523 $41,023 $77,223 $79,523 $76,923 $89,223 $116,923$370,423IT FundBalance 12/31/23 -$294,337Table 4Current Year20242025202620272028202920302031203220332034ExpenditureIT CIP78,70055,00098,50085,000030,00050,00013,00066,00075,00075,000Operating Expenditure (1)409,500546,850563,300580,200597,600615,500634,000653,000672,600692,800713,600Total Expenditure488,200601,850661,800665,200597,600645,500684,000666,000738,600767,800788,600RevenueOperating Revenue (2)386,950513,950565,300621,800684,000752,400775,000798,300822,200846,900872,300Transfer In - General Fund, Central Service (est. 2026)260,000045,00085,0000 105,00075,00013,00066,00075,00075,000Total Revenue646,950513,950610,300706,800684,000857,400850,000811,300888,200921,900947,300Change in Fund Balance158,750(87,900) (51,500)41,60086,400211,900166,000145,300149,600154,100158,700Ending Balance($135,587) ($223,487) ($274,987) ($233,387) ($146,987)$64,913 $230,913$376,213$525,813$679,913$838,6135 Year CIPPlanning Period5 Year CIPPlanning PeriodPage 17 of 24309
Police Capital FundBalance 12/31/23 $390,939Table 5Current Year20242025202620272028202920302031203220332034ExpenditurePolice CIP - General Fund Portion97,000186,000224,000220,000200,000245,000104,000220,000275,000165,000110,000Police CIP - Capital Fund Portion0 110,000190,00050,0000000000Total Expenditure97,000296,000414,000270,000200,000245,000104,000220,000275,000165,000110,000RevenueTransfer in - General Fund, Police Operating Budget97,000186,000224,000220,000200,000245,000104,000220,000275,000165,000110,000Interest Revenue (1)11,70012,1009,1003,7002,3002,4002,5002,5002,6002,7002,800Total Revenue108,700198,100233,100223,700202,300247,400106,500222,500277,600167,700112,800Change in Fund Balance11,700(97,900) (180,900) (46,300)2,300 2,400 2,500 2,500 2,600 2,700 2,800Ending Balance $402,639$304,739$123,839$77,539$79,839$82,239$84,739$87,239$89,839$92,539$95,339Drug and Felony Forfeiture FundBalance 12/31/23 $694,510Table 6Current Year20242025202620272028202920302031203220332034ExpenditurePollice CIP - Drug/Felony Forfeiture Fund Portion000 200,0000060,0000 200,00000IT CIP - Drug/Felony Forfeiture Fund Portion 0 81,50057,0007,0007,0007,0007,0007,0007,0007,0007,000Total Expenditure081,50057,000207,0007,0007,00067,0007,000207,0007,0007,000RevenueMiscellaneous Revenue32,7000000000000Interest Revenue (1) 20,80022,40020,70019,60014,00014,20014,40012,80013,0007,2007,200Total Revenue53,50022,40020,70019,60014,00014,20014,40012,80013,0007,2007,200Change in Fund Balance53,500(59,100) (36,300) (187,400)7,000 7,200(52,600)5,800(194,000)200 200Ending Balance $748,010$688,910$652,610$465,210$472,210$479,410$426,810$432,610$238,610$238,810$239,0105 Year CIPPlanning Period5 Year CIPPlanning PeriodPage 18 of 24310
Fire Capital FundBalance 12/31/23 $372,485Table 7Current Year20242025202620272028202920302031203220332034ExpenditureFire CIP910,100699,500806,600369,600689,600475,000555,0001,155,000700,000820,000700,000Total Expenditure910,100699,500806,600369,600689,600475,000555,0001,155,000700,000820,000700,000RevenueTax Levy275,000300,000575,000575,000575,000575,000575,000575,000575,000575,000575,000Interest Revenue (1)18,624700018,70028,90030,00037,60043,20031,10032,40030,200State Public Safety Grant040,000000000000LL Buy Out Engine 22 and CMD 1, Utility Vehicle Payment 0 0 640,15000000000Transfer In - Water/Sewer/Parks (for Water Truck) 168,6000000000000Transfer In - GF Surplus (estimate only) 100,000150,000000000000Transfer in - Community Investment Fund 0 0 173,152 0 0 0 0 0 0 0 0Antenna Lease (1)0 111,000114,300117,700121,200124,800128,500132,400136,400140,500144,700Total Revenue562,224601,7001,502,602711,400725,100729,800741,100750,600742,500747,900749,900Change in Fund Balance(347,876) (97,800)696,002 341,80035,500254,800186,100(404,400)42,500(72,100)49,900Ending Balance$24,609($73,191)$622,811$964,611$1,000,111$1,254,911$1,441,011$1,036,611$1,079,111$1,007,011$1,056,911Facilities FundBalance 12/31/23 $5,108,357Table 8Current Year20242025202620272028202920302031203220332034ExpenditureFacilities CIP2,855,2001,375,0001,198,2001,505,000160,000379,000160,000160,000205,000160,000160,000Bond Payment00000000000Total Expenditure2,855,2001,375,0001,198,2001,505,000160,000379,000160,000160,000205,000160,000160,000RevenueTax Levy375,000225,000450,000450,000450,000450,000450,000450,000450,000450,000450,000Interest Revenue (1)153,30086,70059,10047,90022,00035,60043,10057,40072,10085,900101,500Antenna Revenue107,8000000000000Grants and Donations (including bonding bills) 0 0 0 0 0 0 0 0 0 0 0Transfer in - Water/Sewer/Storm Fund 0 143,000143,000143,000143,000143,000143,000143,000143,000143,000143,000Transfer in - Community Investment Fund00 173,15200000000Total Revenue636,100454,700825,252640,900615,000628,600636,100650,400665,100678,900694,500Change in Fund Balance(2,219,100) (920,300) (372,948) (864,100)455,000249,600476,100490,400460,100518,900534,500Ending Balance$2,889,257$1,968,957$1,596,009$731,909$1,186,909$1,436,509$1,912,609$2,403,009$2,863,109$3,382,009$3,916,5095 Year CIP Planning Period5 Year CIPPlanning PeriodPage 19 of 24311
Community Investment FundBalance 12/31/23 $466,296Table 9Current Year20242025202620272028202920302031203220332034ExpenditureCommunity Improvement CIP357,0000000000000Transfer Out (to Fire/Facilities) and Close Out Fund 0 0 346,305 0 0 0 0 0 0 0 0Total Expenditure357,0000 346,30500000000RevenueTax levy200,0000000000000Transfer In - Water/Stormwater Fund 12,909 0 0 0 0 0 0 0 0 0 0Interest Revenue (1) 14,00010,100000000000Total Revenue 226,90910,100000000000Change in Fund Balance(130,091)10,100(346,305)00000000Ending Balance $336,205$346,305$0$0$0$0$0$0$0$0$0Permanent Improvement Revolving (PIR) FundBalance 12/31/23 $557,809Table 10Current Year20242025202620272028202920302031203220332034ExpenditureExpenditure00000000000Total Expenditure00000000000RevenueInterest Revenue (1)16,70017,20017,80018,30018,80019,40020,00020,60021,20021,80022,500Total Revenue16,70017,20017,80018,30018,80019,40020,00020,60021,20021,80022,500Change in Fund Balance16,70017,20017,80018,30018,80019,40020,00020,60021,20021,80022,500Ending Balance$574,509$591,709$609,509$627,809$646,609$666,009$686,009$706,609$727,809$749,609$772,1095 Year CIP Planning Period5 Year CIP Planning PeriodPage 20 of 24312
MSA FundBalance 12/31/23 $163,447State MSA Construction Balance 12/31/23 = $497,324Table 1120242025202620272028202920302031203220332034ExpenditureStreets CIP - MSA Portion92,000375,9000 570,30000 695,000420,000420,000420,0000Annual MSA Maintenance Payment to the City 39,50039,50039,50039,50039,50039,50039,50039,50039,50039,50039,500Transfer Out (Repayment to General Fund)0 125,000125,000125,000125,000125,000125,000125,000125,000125,000125,000Debt Service (interest) - from MSA maintenance account.00000000000Debt Service (Principal) - from MSA Construction Account0000000000 164,500Total Expenditure131,500540,400164,500734,800164,500164,500859,500584,500584,500584,500329,000RevenueYearly Allocation - MSA Maintenance124,650124,650124,650124,650124,650124,650124,650124,650124,650124,650124,650Yearly Allocation - MSA Construction (State Held Funds)363,451 374,400385,600397,200409,100421,400434,000447,000460,400474,200488,400School Loan Repayment101,200101,200101,20000000000Total Revenue 589,301 600,250611,450521,850533,750546,050558,650571,650585,050598,850613,050Change in Fund Balance457,80159,850446,950(212,950)369,250381,550(300,850) (12,850)550 14,350284,050Ending Balance$621,248$681,098$1,128,048$915,098$1,284,348$1,665,898$1,365,048$1,352,198$1,352,748$1,367,098$1,651,148Pavement Management FundBalance 12/31/23 $449,730Table 1220242025202620272028202920302031203220332034ExpenditureStreets CIP - Pavement Management Portion993,2001,371,5001,349,4001,121,2001,240,6001,364,2001,128,500981,8001,310,0001,210,0001,210,000Total Expenditure993,2001,371,5001,349,4001,121,2001,240,6001,364,2001,128,500981,8001,310,0001,210,0001,210,000RevenueTax Levy1,000,0001,000,0001,100,0001,100,0001,150,0001,160,0001,170,0001,180,0001,190,0001,200,0001,200,000Transfer in - Water/Sewer/Storm Fund 692,356407,300219,000186,180339,980278,660473,60059,540183,300215,000215,000Total Revenue1,692,3561,407,3001,319,0001,286,1801,489,9801,438,6601,643,6001,239,5401,373,3001,415,0001,415,000Change in Fund Balance699,15635,800(30,400)164,980249,38074,460515,100257,74063,300205,000205,000Ending Balance$1,148,886$1,184,686$1,154,286$1,319,266$1,568,646$1,643,106$2,158,206$2,415,946$2,479,246$2,684,246$2,889,246Page 21 of 24313
Water FundBalance 12/31/23 $267,184Table 1320242025202620272028202920302031203220332034ExpenditureWater CIP401,660310,900651,800410,380493,880378,46011,460,8001,321,74030,80030,800900,000IT CIP - Water Portion067,000080,0000000000Operating Expenditure 1,229,9001,278,9001,317,3001,356,8001,397,5001,439,4001,482,6001,527,1001,572,9001,620,1001,668,700Debt Service and Interest Payment94,300102,700100,500103,300100,700103,00000000Transfer to Equipment Improvement Outlay Fund 75,0000000000000Transfer to Pavement Management Fund 60,0000000000000Transfer to Pavement Management Fund 979 0 0 0 0 0 0 0 0 0 0Transfer to Facilities 0 47,00047,00047,00047,00047,00047,00047,00047,00047,00047,000Total Expenditure1,861,8391,806,5002,116,6001,997,4802,039,0801,967,86012,990,4002,895,8401,650,7001,697,9002,615,700RevenueOperating Revenues (1) (3)1,340,0001,722,0001,775,4001,828,7001,883,6001,940,1001,998,3002,058,2002,119,9002,183,5002,249,000Add back Depreciation (1)250,000195,000200,900206,900213,100219,500226,100232,900239,900247,100254,500Assessments10,387 10,387 10,387 0 0 0 0 0 0 0 0Federal/State Grants and Aid 0 0 0 0 0 0 11,000,0000000Total Revenue 1,600,3871,927,3871,986,6872,035,6002,096,7002,159,60013,224,4002,291,1002,359,8002,430,6002,503,500Change in Fund Balance(261,452)120,887(129,913)38,12057,620191,740234,000(604,740)709,100732,700(112,200)Ending Balance $5,732 $126,619($3,294)$34,826$92,446$284,186$518,186($86,554)$622,546$1,355,246$1,243,046Sewer FundBalance 12/31/23 $2,271,317Table 1420242025202620272028202920302031203220332034ExpenditureSewer CIP609,200471,100472,400671,100559,600458,000503,900439,600637,100472,800176,900Operating Expenditure (1)2,183,1402,209,4002,275,7002,344,0002,414,3002,486,7002,561,3002,638,1002,717,2002,798,7002,882,700Transfer to Equipment Improvement Outlay Fund744,500100,0000080,000000000Transfer to Pavement Management Fund 47,8600000000000Transfer to Facilities 0 55,00055,00055,00055,00055,00055,00055,00055,00055,00055,000Total Expenditure3,584,7002,835,5002,803,1003,070,1003,108,9002,999,7003,120,2003,132,7003,409,3003,326,5003,114,600RevenueOperating Revenues (1) (3)2,185,0002,390,0002,461,7002,535,6002,611,7002,690,1002,770,8002,853,9002,939,5003,027,7003,118,500Add back Depreciation (1)425,000395,000406,900419,100431,700444,700458,000471,700485,900500,500515,500Assessments 00000000000Federal/State Grants and Aid 0 0 0 0 0 0 0 0 0 0 0Total Revenue 2,610,0002,785,0002,868,6002,954,7003,043,4003,134,8003,228,8003,325,6003,425,4003,528,2003,634,000Change in Fund Balance(974,700) (50,500)65,500(115,400) (65,500)135,100108,600192,90016,100201,700519,400Ending Balance$1,296,617$1,246,117$1,311,617$1,196,217$1,130,717$1,265,817$1,374,417$1,567,317$1,583,417$1,785,117$2,304,517Page 22 of 24314
Storm Water FundBalance 12/31/23 $1,562,423Table 1520242025202620272028202920302031203220332034ExpenditureStorm Sewer CIP338,400626,300381,600311,200515,800374,600640,800228,900365,000425,000265,000Operating Expenditure (1)502,600495,700510,600525,900541,700558,000574,700591,900609,700628,000646,800Transfer to Equipment Improvement Outlay Fund84,500145,000145,50060,0000000000Transfer to Pavement Management Fund 358,1360000000000Transfer to Community Investment Fund 11,9300000000000Transfer to Facilities 0 41,00041,00041,00041,00041,00041,00041,00041,00041,00041,000Total Expenditure1,295,5661,308,0001,078,700938,1001,098,500973,6001,256,500861,8001,015,7001,094,000952,800RevenueOperating Revenues (1) (3)751,280790,000813,700838,100863,200889,100915,800943,300971,6001,000,7001,030,700Add back depreciation (1)75,00070,00072,10074,30076,50078,80081,20083,60086,10088,70091,400Total Revenue826,280860,000885,800912,400939,700967,900997,0001,026,9001,057,7001,089,4001,122,100Change in Fund Balance(469,286) (448,000) (192,900) (25,700) (158,800) (5,700) (259,500)165,10042,000(4,600)169,300Ending Balance$1,093,137$645,137$452,237$426,537$267,737$262,037$2,537 $167,637$209,637$205,037$374,337Golf Course FundBalance 12/31/23 $48,689Table 1620242025202620272028202920302031203220332034ExpenditureParks CIP - Golf Course Fund Portion40,89237,00020,00010,00015,00030,000160,00050,000850,000475,00050,000Operating Expenditure (1)350,000441,880455,100468,800482,900497,400512,300527,700543,500559,800576,600Transfer to Equipment Improvement Outlay Fund20,000015,00053,00035,00055,00000040,00050,000Total Expenditure410,892478,880490,100531,800532,900582,400672,300577,7001,393,5001,074,800676,600RevenueOperating Revenues (1)401,000452,650466,200480,200494,600509,400524,700540,400556,600573,300590,500Add back depreciation (1)00000000000Total Revenue401,000452,650466,200480,200494,600509,400524,700540,400556,600573,300590,500Change in Fund Balance(9,892) (26,230) (23,900) (51,600) (38,300) (73,000) (147,600) (37,300) (836,900) (501,500) (86,100)Ending Balance $38,797$12,567($11,333) ($62,933) ($101,233) ($174,233) ($321,833) ($359,133) ($1,196,033) ($1,697,533) ($1,783,633)Page 23 of 24315
Cable FundBalance 12/31/23 -$10,986Table 1720242025202620272028202920302031203220332034ExpenditureIT CIP - Cable Fund Portion0000075,00025,0000000Operating Expenditure (1) 62,60072,20074,40076,60078,90081,30083,70086,20088,80091,50094,200Transfer to IT Fund 00000000000Total Expenditure62,60072,20074,40076,60078,900156,300108,70086,20088,80091,50094,200RevenueOperating Revenues (1)71,00073,10075,30077,60079,90082,30084,80087,30089,90092,60095,400Add back depreciation (1)18,00019,50020,10020,70021,30021,90022,60023,30024,00024,70025,400Total Revenue89,00092,60095,40098,300101,200104,200107,400110,600113,900117,300120,800Change in Fund Balance26,40020,40021,00021,70022,300(52,100) (1,300)24,40025,10025,80026,600Ending Balance$15,414$35,814$56,814$78,514$100,814$48,714$47,414$71,814$96,914$122,714$149,314Fleet FundBalance 12/31/23 -$125,995Table 1720242025202620272028202920302031203220332034ExpenditureTransfer to Equipment Improvement Outlay Fund45,000255,0000 330,00000 100,0000000Operating Expenditure (1) 441,000450,650464,200478,100492,400507,200522,400538,100554,200570,800587,900Total Expenditure486,000705,650464,200808,100492,400507,200622,400538,100554,200570,800587,900RevenueOperating Revenues (2)260,250412,700454,000499,400549,300604,200622,300641,000660,200680,000700,400Transfer in from General Fund050,00075,00075,00075,00075,00050,00050,00025,00000Total Revenue 260,250462,700529,000574,400624,300679,200672,300691,000685,200680,000700,400Change in Fund Balance(225,750) (242,950)64,800(233,700)131,900172,00049,900152,900131,000109,200112,500Ending Balance($351,745) ($594,695) ($529,895) ($763,595) ($631,695) ($459,695) ($409,795) ($256,895) ($125,895) ($16,695)$95,805NOTES:(1) Expenditures and Revenues are based on the City's 2025 draft budgets. For planning purposes, a 3% annual inflation factor has been used to project future amounts.(2) Revenue are based on the City's 2025 draft budget and for planning purposes, includes an adjustment of 10% within the first 5-year plan and an inflator of 3% for the post 5-year plan.(3) Revenues includes utility rate charges that are based on the utility rate study conducted in 2019 for future year 2020-2025.Page 24 of 24316
Date: December 9, 2024 Item: 14
Presenter: Matt Karney, Planner
Section: Consent Agenda
Title: LA24-000060, 755 Tonkawa Rd, Conditional Use Permit - Resolution 7545
1.Purpose:
The applicant requests a conditional use permit to construct new and replacement retaining walls
as a part of a deck replacement within 75 feet of the ordinary high water level (OHWL).
2.MN§15.99 Application Deadline:
The application was made on October 23, 2024, and deemed complete on November 5, 2024.
Following the 60-day review period, the application expires on January 4, 2025.
3.Background:
The applicant proposes a replacement of an existing, non-conforming deck and set of retaining
walls with a new deck and retaining wall structure. Per the applicant, the existing deck and
retaining wall system was built with the existing residence in the 1960s, and is in declining
condition. The proposed retaining walls are being designed to be sensitive to the property’s
lakeward slope, while reducing the overall impacts of the improvements the have existed since the
property was initially developed.
4.Planning Commission Vote and Comment:
On November 18, 2024, the Planning Commission held a public hearing and discussed the
requested conditional use permit. Following the public hearing, the Commission voted 5-0 to
recommend approval of the conditional use permit as recommended by staff. Link to Planning
Commission packet.
5.Public Comment:
No public comments have been received.
6.Staff Recommendation:
Planning Staff recommends approval.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Council should move to adopt Resolution 7545, approving the requested conditional use permit subject
to conditions.
Exhibits
Exhibit A - Resolution
Exhibit B - Survey
Exhibit C - Project Plans
Exhibit D - Draft PC Minutes
317
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7545
1
A RESOLUTION APPROVING
A CONDITIONAL USE PERMIT PURSUANT WITH
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA24-000060
WHEREAS, on October 23, 2024, TVL Studios (hereinafter the “Applicant”), applied for a
conditional use permit from the City Code for the property addressed 755 Tonkawa Road and
legally described within Exhibit A; and
WHEREAS,the Applicant made an application to the City of Orono for a conditional use
permit from Orono Municipal Zoning Code Sections 78-1279 to construct new and replacement
retaining walls as a part of a deck replacement within the lakeshore setback; and
WHEREAS,on November 18, 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 given the opportunity to
speak thereon; and
WHEREAS,on November 18, 2024, the Planning Commission voted 5 to 0 in favor of a
motion to recommend approval of the conditional use permit as recommended by staff; and
WHEREAS,on December 9, 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 application for a conditional use permit to construct new and replacement
retaining walls as a part of a deck replacement within the lakeshore setback and 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 LR-1B (One-Family Lakeshore Residential) Zoning
District.
A3. The lakeside slope on the Property is not defined as a Bluff.
318
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7545
2
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District. The Applicant proposes 17.6% total site hardcover.
A5. The Applicant requests a conditional use permit to construct new and replacement
retaining walls as a part of a deck replacement within the lakeshore setback.
A6. In considering this application for a conditional use permit, the Council has considered
the advice and recommendation of the Planning Commission and the effect of the
proposed conditional use permit 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.
CONDITIONAL USE PERMIT ANALYSIS:
The City Council may approve a conditional use permit for the construction of retaining walls
as long as the walls are:
B1. Designed to correct an established erosion problem; The proposed retaining walls are
replacing existing walls in poor condition, that have provided slope stability for the site
and facilitated lake access for several decades. This criterion is met; and
B2. Suitable given the demonstrated need;The proposed retaining walls are found to be
suitable in comparison to the existing retaining walls in terms of providing slope stability
and erosion control. This criterion is met; and
B3. Designed by a registered engineer or landscape architect, depending on the project
scope; The proposed retaining walls were designed by licensed landscape architects.
This criterion is met; and
B4. Designed to be the minimum size necessary to control the erosion problem; The
proposed retaining walls are designed to reduce hardcover in the 75’ lakeshore
setback, overall wall height, and the width of the proposed deck. This criterion is met.
Based on the application and the evidence submitted, the Council finds that the proposed use
at the proposed location is or will be:
B5. Consistent with the community management plan; the new deck and retaining wall will
reduce the visual massing of improvements along the lakefront and the hardcover
within the 75’ lakeshore setback will decrease, aspects that are consistent with the
Comprehensive Plan; and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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3
B6. Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; retaining walls within the lakeyard are
permitted where they are deemed necessary to protect the integrity of the slope.
Retaining walls have existed on the property stabilizing the slope for over fifty years.
The proposed retaining walls will be reworked 6” lower, into the grade to further reduce
erosion and with a stronger, thinner material to reduce the overall square footage of the
wall from 234 s.f. to 29 s.f.; and
B7. Adequately served by police, fire, roads, and stormwater management; the Property
meets this standard; and
B8. Provided with an adequate water supply and sewage disposal system; the Property
meets this standard; and
B9. Not expected to generate excessive demand for public services at public cost; this
proposal is not anticipated to impact public services; and
B10.Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; as the existing deck and retaining walls have fallen
into a state of disrepair, staff finds the proposal to replace the existing structures with a
new deck and retaining wall system that overall reduces the size of the deck, maximum
height of the retaining walls, and the overall hardcover to be compatible with the
surrounding area into the future; and
B11. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; the installation of new retaining walls
and deck to improve existing lakeshore conditions is consistent with the character of
the surrounding area; and
B12.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;
the retaining walls are proposed to be landscaped, reducing the visual impact of the
walls from the lake. The earth-tone colors of the proposed walls will further reduce their
visibility within the natural landscape of the lakefront. The applicant should provide
additional testimony for screening and landscaping in the impacted area; and
B13.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 improvements to the deck
and retaining walls should not create an adverse impact on properties in the
neighborhood; and
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CITY OF ORONO
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4
B14.Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; the applicant has provided a landscape
plan with two (2) landscaping options for the walls. Staff recommends that the second
(2nd) option be implemented as the minimum screening required as a condition of
approval. The Planning Commission recommended approval of the conditional use
permit following staff’s recommendation regarding screening and buffering; and
B15.Not create a nuisance that generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; the proposal is not
anticipated to create a nuisance; and
B16.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 proposal is not anticipated to create excessive traffic burdens on
the nearby road network; and
B17.Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; the proposed deck and retaining walls are designed
to better integrate with the grades, existing bituminous walkway, and the lakeshore
than the existing deck and retaining walls. The addition of landscaping to screen the
proposed retaining walls will further allow the improvements to blend in with the natural
landscape; and
B18.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; the proposal does not include
the installation of any exterior lighting; and
B19.Not detrimental to the public health, public safety, or general welfare; Staff finds the
proposal does not come at a detriment to the public health, safety, or welfare of
residents and landowners of the City of Orono.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
conditional use permit to address Orono Municipal Zoning Code Section 78-1279 to allow for
new and replacement retaining walls as a part of a deck replacement within the lakeshore
setback.
C1.Council approval is based on the entire record and, the above Findings.
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RESOLUTION OF THE CITY COUNCIL
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5
C2.The approved project shall conform to the survey dated July 2, 2024, and wall design
and landscape plan submitted by the Applicant and annotated by City staff, attached to
this Resolution as Exhibits B & C.
C3.Any amendments to the Plans that are not in conformity with City codes may require
further Planning Commission and City Council review.
C4.Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a building permit for the proposed
retaining walls and deck, commencing construction of said project. A building permit
must be obtained within one year of the date of Council approval, or the conditional use
permit will expire on that date (December 9, 2025).
C5.The Applicant agrees to comply with all permitting requirements of all applicable
jurisdictions including but not limited to Hennepin County, MCWD, and LMCD. Copies of
all required permits must be provided to the City with the submittal materials for the
administrative building permit for the walls and deck.
C6.The conditional use permit shall remain in effect as long as the conditions imposed by
the City Council are observed, but nothing in this section shall prevent the city from
enacting or amending official controls to change the status of conditional uses.
C7.The undersigned Applicant represents the owner of the Property and agrees to the
conditions herein.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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.
ADOPTED by the Orono City Council on this 9th day of December, 2024.
ATTEST:CITY OF ORONO:
_______________________________________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
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7
EXHIBIT A
Parcel 1: All that part of Lot 1, Auditor's Subdivision Number 217, Hennepin County,
Minnesota lying Northwesterly of a line drawn parallel with and 150 feet Southeasterly, measured
at right angles from the Northwesterly line of said Lot 1;
Parcel 2: All that part of Lot 1, Auditor's Subdivision Number 217, Hennepin County,
Minnesota lying Northwesterly of a line parallel with and 200 feet Southeasterly measured at right
angles from the Northwesterly line of said Lot 1 and lying Southeasterly of a line drawn parallel with
and 150 feet Southeasterly measured at right angles from the northwesterly line of said Lot I; and
Parcel 3: The Southeasterly 20 feet of Lot 11, Auditor's Subdivision Number 207, Hennepin
County, Minnesota.
324
325
326
PROJECT NARRATIVE
This project proposes to replace an existing non-conforming deck structure and retaining wall system located within the 75’
lakeshore setback, with a proposed new deck structure and retaining wall design and stairway that reduces the impact at the
shoreline and more closely relates to the historic architecture and lakeside landscape of this 1960s home designed by renowned
architect, John Howe. The project goal is to reduce the impact of the deck and wall system at the lake while integrating it better
into the existing hill side slope while building a new deck that and wall system and stairway that will be sustainable, safe, visually
appealing and in harmony with the existing home.
The existing deck, walls and stairway appears to have been built in concert with the original home in the early 1960’s and seems to
have been modified and repaired over the years. Overtime, the deck structure has settled and moved, which has created an uneven
and unsafe surface level and appearance. The foundation and structure below the deck contains cracking concrete pier footings
and separating, unaligned wood structural members. The existing wood stair way from the deck to the house is steep, unsafe and
creating erosion issues with hillside with how the stairs were cut into the hill. The existing timber walls retaining the hillside beyond
appear to be are to moving with the deck and sustaining rotting from water and erosion issues.
The project proposes to remove the existing deck, retaining wall and stairway and replace it with more sustainable, structurally
sound materials that are in harmony with the overall architecture of the home and promote low impact development standards
along the lake. A summary of the proposed improvements are outlined below.
• The existing concrete pier foundation system for the deck will be removed and replaced with a more structurally sound helical
pier foundation system which will have less disruption and disturbance during installation.
• The existing wood deck will be replaced with a new more sustainable deck surface. The proposed new deck design will have ¼”
jointing between the boards and allow for runoff to pass through the deck surface rather than directly into the lake.
• Additionally, the proposed new deck and wall system will be shifted southeasterly from the existing deck location and set down
approximately 6” lower than the existing deck, better integrating it into the hillside, reducing erosion, and minimizing the need
for steps / multiple levels. This will also eliminate the need for a railing at the edge of the deck (as grade will be less than 18”
here).
• The existing timber walls, approximately 3’ to 6’ in height and totaling 234 square feet and will be replaced with a thinner,
structural metal wall system (reducing the wall area to 29 or 40 square feet in total). We provide two wall options. The overall
height of walls is proposed to be reduced slightly as well from 6’ in to 5’6” in height. Two options are also proposed in this
document to provide screening for the wall with vegetation. Option one utilizes planters and pots with vegetation, and option two
proposes a tiered wall consisting of two 2’6” tall walls as well as pots.
• The existing bituminous pathway will be extended to the new deck to create a more seamless transition from path to deck.
• The existing 146 square foot wood stairway to the house will a safer stairway surface material and metal railing.
• The grade for the stairs is proposed to reduce
• The resulting project will reduce the overall hardcover within the 75’ setback by approximately 166-177 square feet depending
on the option and reduce the overall existing deck length at the shoreline by 26’-5”, reducing the visual impact of the deck at the
shoreline.
• A new, native, shoreline planting will be implemented to further help with mitigating runoff directly to the lake.
These improvements in total will create a safer, more accessible, durable lake access.
Original lakeside landing design by John Howe.
Hession, Jane King, 1951- and Tim Quigley. 2015. John H. Howe, Architect: From Taliesin Apprentice to Master of Organic Design.
Minneapolis, MN, University of Minnesota Press.
755 TONKAWA ROAD - Orono, MN 1
CONDITIONAL USE PERMIT SUBMITTAL
327
Timber wall Timber wall Uneven splintered edge meets bituminous path
Uneven step up to deck Weathered lattice work covering 3’+/- timber wall Weathered lattice work covering 5-1/2’ +/- ht. timber wall
Weathered lattice work covering timber wallAged deck boards and unleveled railing Aged deck boards and dilapidated railing
755 TONKAWA ROAD - Orono, MN 2
EXISTING SITE PHOTOS
328
Concrete settling at edge of wooden steps
Cracking concrete piere footing Shifting structure below Cracking structure below
Undulating deck and railingSettling concrete atop wooden stairs
Decaying aged wooden steps heights varyDecaying aged wood landingDecaying aged wood and steps heights vary
755 TONKAWA ROAD - Orono, MN 3
EXISTING SITE PHOTOS
329
755 TONKAWA ROAD - Orono, MN 4
EXISTING VIEW FROM LAKE
330
755 TONKAWA ROAD - Orono, MN 5
RENDERING VIEW FROM LAKE - OPTION 1 - WITH PLANTERS/POTS FOR SCREEN PLANTINGS
331
755 TONKAWA ROAD - Orono, MN 6
RENDERING VIEW FROM DOCK - OPTION 1
332
755 TONKAWA ROAD - Orono, MN 7
RENDERING VIEW FROM BITUMINOUS TRAIL - OPTION 1
333
755 TONKAWA ROAD - Orono, MN 8
RENDERING VIEW FROM STAIR - OPTION 1
334
755 TONKAWA ROAD - Orono, MN 5
RENDERING VIEW FROM LAKE - OPTION 2 - TWO TIERED WALL WITH SCREEN PLANTINGS AND POTS
335
755 TONKAWA ROAD - Orono, MN 6
RENDERING VIEW FROM DOCK - OPTION 2
336
755 TONKAWA ROAD - Orono, MN 7
RENDERING VIEW FROM BITUMINOUS TRAIL - OPTION 2
337
755 TONKAWA ROAD - Orono, MN 8
RENDERING VIEW FROM STAIR - OPTION 2
338
Minutes
Planning Commission Regular Meeting
Monday, November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Orono Planning Commission members present:Chair Chris Bollis, Commissioners Jon Ressler, Ted
Schultze, Bob Erickson, and Mark McCutcheon (arrived at 6:41 p.m.). Commissioners Scott Kirchner and
Gary Kraemer were absent.
Staff present: Community Development Director Laura Oakden,City Planner Melanie Curtis, and City
Planner Matthew Karney.
5.5 LA24-000060, TVL STUDIOS, 755 TONKAWA RD, CONDITIONAL USE PERMIT FOR
RETAINING WALLS
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve the conditional use permit for replacement of a deck and retaining wall on the lakeshore.
The Planning Commission discussed the item and asked questions of staff and the applicant, Travis Van
Liere, TVL Studio, Minneapolis, the architect for the project.
Chair Bollis opened the public hearing at 7:50 p.m.
There were no public comments
Chair Bollis closed the public hearing at 7:50 p.m.
Commissioners said it was a good plan respecting the historical nature of the property and one that
reduces the footprint, hardcover, and height of the retaining walls.
McCutcheon moved, Ressler seconded, to approve LA24-000060,, 755 Tonkawa Rd, Conditional
Use Permit for Retaining Walls. VOTE: Ayes: 5, Nays 0.
339
Date: December 9, 2024 Item: 15
Presenter: Matt Karney, Planner
Section: Consent Agenda
Title: LA24-000058, 975 Wildhurst Trail, Variances - Resolution 7544
1.Purpose:
The applicant requests 75-foot lake setback and average lakeshore setback variances for a new
two-level deck/porch addition, and new hardcover within 75 feet of the OHWL.
2.MN§15.99 Application Deadline:
The application was made on October 23, 2024 and deemed complete on November 5, 2024.
Following the 60-day review period this application expires on January 4, 2025.
3.Background:
The applicant proposes a two-level deck/porch addition that includes extension of an existing
Juliet-style deck over a newly enclosed lower deck area, within 75’ of the Ordinary High Water
Level. Stairs are proposed from the upper level to the yard, but a portion of the deck that wraps
around the house on the north side will be removed, lowering the hardcover of the deck by
approximately 18 square feet. Due to the property’s location as a peninsula lot, all improvements
on this lot will be impacted by the Average Lakeshore Setback set by the adjacent home sites.
4.Planning Commission Vote and Comment:
On November 18, 2024, 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. Link to Planning Commission packet.
5.Public Comment:
No public comments have been received, however, the applicant submitted acknowledgments from
the adjacent property owners.
6.Staff Recommendation:
Planning Staff recommends approval.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Council should move to adopt Resolution 7544, approving the requested variances.
Exhibits
Exhibit A - Resolution
Exhibit B - Proposed Survey
Exhibit C - Building Plans
Exhibit D - Draft PC Minutes
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RESOLUTION OF THE CITY COUNCIL
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1
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1680
FILE NO. LA24-000058
WHEREAS,on October 23, 2024, PHI Decks (“Applicant”), applied for variances
from the City Code for the property addressed 975 Wildhurst Trail and legally described as:
The south 200 feet of the east 286.32 feet of the west 386.2 feet of the Northwest
Quarter of the Northeast Quarter of Section 7, Township 117 North, Range 23 West,
Hennepin County, Minnesota (hereinafter the “Property”);
WHEREAS,the Applicant has made application to the City of Orono for a setback
variance to the Orono Municipal Zoning Code Section 78-1279to construct a deck and porch
addition the lakeshore and average lakeshore setback; and
WHEREAS,the Applicant has made application to the City of Orono for a
hardcover variance to the Orono Municipal Zoning Code Section 78-1680 to allow hardcover
within the lakeshore setback for new stair improvement; and
WHEREAS,on November 18, 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 given the opportunity
to speak thereon; and
WHEREAS,on November 18, 2024, the Planning Commission recommended
approval of the variances; and
WHEREAS,on December 9, 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:
1. This application was reviewed as Zoning File #L24-000058. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-
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2
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
2. The Property is located in the LR-1B (One-Family Lakeshore Residential) Zoning District.
3. The Property contains 0.52 acres in dry-buildable area and has a defined lot width of 200
feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variances:
a. 75-foot lakeshore setback
b. Hardcover within the 75-foot lakeshore setback
c. Average lakeshore setback
6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. “Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . .” The average lakeshore setback and the lakeshore
setback as defined by the City Code make the development and improvement of this
property challenging. The proposal does not further encroach into either setback beyond
the house and decks that are existing and decreased the overall hardcover for the site,
meeting the intent and purpose of the Ordinance.
2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” The proposed variances to construct a deck addition with no new
setback encroachments with an overall reduction in hardcover is consistent with the
comprehensive plan.
3. “Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in
connection with the granting of a variance, means that:
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3
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 request to permit the home addition within the 75-foot setback and average
lakeshore setback appears to be reasonable considering the location of the
existing home, the orientation of the neighboring homes to the lakeshore, and the
existing mature vegetative screening. The request is reasonable.
b.The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The location of the existing home prevents changes or expansions of the home
consistent with the neighborhood. The proposed overall hardcover level is being
reduced and the addition will not impact the views of the lake from the neighboring
homes. The circumstances are unique to the property.
c.The variance, if granted, will not alter the essential character of the locality.”
The variance is requested to permit the construction of a small addition to the home
designed to minimize impacts on the lake. The project will not create any further
encroachment toward the lake and the location will not impact the neighbor’s views
of the lake and will fit the character of the neighborhood according to the submitted
information.
4. “Economic considerations alone do not constitute practical difficulties.” Economic
considerations have not been a factor in the variance approval determination.
5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78.” This condition is not applicable.
6. “The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located.” This condition is not applicable; improvements to a single-family home are
allowed within in the LR-1B district.
7. “The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.” This condition is not applicable.
8. “The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.” The subject property is encumbered by an
343
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7544
4
average lakeshore setback that severely limits the ability of the property to be developed
and improved.
9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” The unique peninsula-share of the property being a similar distance to the
lake as its neighbors, but within the ALS creates a practical difficulty for the owners.
10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” Granting the variances are necessary for the
expansion of the upper deck to create an enclosed porch on the lower deck and
preservation of the property rights of the owners.
11. “The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter.” Granting the
requested variances in this unique situation is not contrary to the intent of the Zoning
Regulations.
12. “The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty.” The requested variance is necessary to
address the conditions of the existing decks and does not merely serve as a convenience
to the applicant.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow a proposed
two-level deck and porch addition with new hardcover within the lakeshore setback and the
average lakeshore setback, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey updated on October 31, 2024 and
building plans submitted by the Applicant and annotated by City staff, attached to this
Resolution as Exhibits B & C.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
344
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7544
5
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (December 9, 2025).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 9th day of December, 2024.
ATTEST:CITY OF ORONO:
_______________________________________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
345
Anderson Engineering of Minnesota, LLC13605 1st Avenue North,Suite 100Plymouth, MN 55441763-412-4000 (o) 763-412-4090 (f)www.ae-mn.comENGINEERING ARCHITECTURE LAND SURVEYINGENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE
31'-9"15'-10"5'-9"4'-2"26'-0"Rebuild existingdecksExhibit ESurvey (Proposed)346
July 18, 2024
CLIENT
Annette Olson
975 Wildhurst Trail,
Mound, MN 55364
PHI Decks
3500 VICKSBURG LN N #302
PLYMOUTH, MN 55447
612-399-6744
MN Lic #BC636117 D1
COVER
PAGE
Exhibit F
Building Plans
347
July 18, 2024
CLIENT
Annette Olson
975 Wildhurst Trail,
Mound, MN 55364
PHI Decks
3500 VICKSBURG LN N #302
PLYMOUTH, MN 55447
612-399-6744
MN Lic #BC636117 D2
GROUND
FLOOR
Footings:
Helical Footings
Posts:
Ground contact treated 6x6
posts
Ledger:
Treated 2x10 flashed and bolted
with LedgerLOKs
Beams:
See table below
Joists:
Treated 2x10 joists spaced at
12" on center
Stringers:
Treated 2x12 stringers spaced at
16" o.c. with 2x structural treads
Decking:
5/4x6 Azek PVC decking
HOUSE2 x 10 LEDGER FLASHED
AND BOLTED TO HOUSE
HELICAL FOOTING
6X6 TREATED SUPPORT POSTS
LCP6Z/LCE4Z POST CAP
DECK LATERAL LOAD CONNECTION
CONFORMING TO MINNESOTA
RESIDENTIAL CODE R507.2.3
J2
PRIVACY WALL GOING TO UPPER DECK
WITH ELECTRIC FIREPLACE
HALF PRIVACY WALL
15'-10"26'-0"
Label Material Ply(s)
FB1 1-1/2" x 11 1/4" PWT LVL 3
FB2 2x10 Treated SP #1 2
J1 2x10 Treated SP #1 1
FB1
FB2
FB2
348
July 18, 2024
CLIENT
Annette Olson
975 Wildhurst Trail,
Mound, MN 55364
PHI Decks
3500 VICKSBURG LN N #302
PLYMOUTH, MN 55447
612-399-6744
MN Lic #BC636117 D3
UPPER
DECK
Footings:
Helical Footings
Posts:
Ground contact treated 6x6
posts
Ledger:
Treated 2x10 flashed and bolted
with LedgerLOKs
Beams:
See table below
Joists:
Treated 2x10 joists spaced at
12" on center
Stringers:
Treated 2x12 stringers spaced at
16" o.c. with 2x structural treads
Decking:
5/4x6 Azek PVC decking
Railings:
Kadenz aluminum railings with
3" posts. Max baluster
spacing of 4". 36" tall
Stairs:
Max riser 7-3/4"
Min run 10-1/2"
Railing height 34"-38"
Gripable railing installed
Specifications
STAIRS 7-3/4" MAX RISE
10" MINIMUM RUN
GRIPPABLE HANDRAIL AT 34"-38"
6X6 TREATED SUPPORT POSTS
LCP6Z/LCE4Z POST CAP
DECK LATERAL LOAD CONNECTION
CONFORMING TO MINNESOTA
RESIDENTIAL CODE R507.2.3
2 x 10 LEDGER FLASHED
AND BOLTED TO HOUSE
26'-0"15'-10"4'-2"5'-9"
4'-0"11'-8"31'-9"
FB3
FB4
FB4
FB5
Label Material Ply(s)
FB3 1-1/2" x 11 1/4" PWT LVL 3
FB4 2x10 Treated SP #1 2
FB5 2x10 Treated SP #1 1
J2 2x10 Treated SP #1 1
349
July 18, 2024
CLIENT
Annette Olson
975 Wildhurst Trail,
Mound, MN 55364
PHI Decks
3500 VICKSBURG LN N #302
PLYMOUTH, MN 55447
612-399-6744
MN Lic #BC636117 D4
DECKBOARD
LAYOUT
DECK LATERAL LOAD CONNECTION
CONFORMING TO MINNESOTA
RESIDENTIAL CODE R507.2.3
GROUND LEVEL DECK
UPPER LEVEL DECK
350
July 18, 2024
CLIENT
Annette Olson
975 Wildhurst Trail,
Mound, MN 55364
PHI Decks
3500 VICKSBURG LN N #302
PLYMOUTH, MN 55447
612-399-6744
MN Lic #BC636117 D5ELEVATIONS
STAIRS 7-3/4" MAX RISE
10" MINIMUM RUN
GRIPPABLE HANDRAIL AT 34"-38"HELICAL FOOTING
6X6 TREATED SUPPORT POSTS
LCP6Z/LCE4Z POST CAP
KADENZ ALUMINUM RAILS AT 3'
RETRACTABLE SCREENS (3)3'-0"9'-3 1/2"1'-0"13'-3 1/2"351
July 18, 2024
CLIENT
Annette Olson
975 Wildhurst Trail,
Mound, MN 55364
PHI Decks
3500 VICKSBURG LN N #302
PLYMOUTH, MN 55447
612-399-6744
MN Lic #BC636117 D6DETAILS
352
Draft Minutes
Planning Commission Regular Meeting
Monday, November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Orono Planning Commission members present:Chair Chris Bollis, Commissioners Jon Ressler, Ted
Schultze, Bob Erickson, and Mark McCutcheon (arrived at 6:41 p.m.). Commissioners Scott Kirchner and
Gary Kraemer were absent.
Staff present: Community Development Director Laura Oakden,City Planner Melanie Curtis, and City
Planner Matthew Karney.
1.1.LA24-000058, TIM BROWN, PHI DECKS, 975 WILDHURST TRAIL, VARIANCES
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve variances to increase the upper deck and enclose the lower deck.
The Planning Commission discussed the item and asked questions of staff. The applicant was present.
Chair Bollis opened the public hearing at 6:31 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:31 p.m.
Commissioners cited the small buildable area as supporting practical difficulty and noted the reduction of
hardcover planned.
Ressler moved, Schultze seconded, to approve LA24-000,variances. VOTE: Ayes: 4,
Nays 0.
353
Date: December 9, 2024 Item: 16
Presenter: Melanie Curtis, Planner
Section: Consent Agenda
Title: LA24-000040, 2300 6th Avenue North, Preliminary Plat - Resolution 7542
1.Purpose:
This application contemplates preliminary plat approval to subdivide an existing 8.4-acre property
into two (2) buildable lots.
2.MN§15.99 Application Deadline:
This application was submitted on July 16, 2024 and was considered to be complete on October
24, 2024. The 120 Day subdivision review timeline will end on February 21, 2025.
3.Background:
The applicant is proposing to subdivide the property at 2300 6th Avenue North to create one
additional buildable lot. The applicant proposes to maintain the existing driveway access on 6th
Avenue North, splitting it off to serve the new lot approximately 60 feet into the property. The
existing home will remain on proposed Lot 2. A new home is proposed on Lot 1; the existing
oversized barn is proposed to remain and the shed will be removed.
Please refer to the Planning Report attached as Exhibit D for more background and analysis.
4.Planning Commission Vote and Comment:
At their meeting on November 18th, the Planning Commission held a public hearing. After hearing
comments and questions from public, the Commission voted in favor of recommending approval
of the subdivision by a 4 to 0 vote. The Commission's vote included a recommendation to allow
the existing oversized barn to remain on Lot 2.
5.Public Comment:
There were no written comments submitted by the public. To review the comments made during
the public hearing please review the meeting video .
6.Staff Recommendation:
Staff recommends approval.
AGENDA ITEM
COUNCIL ACTION REQUESTED
The Council should adopt Resolution 7542 granting preliminary plat approval.
Exhibits
Exhibit A - Resol 7542 Prelim Plat
Exhibit B - Preliminary Plat
Exhibit C - Draft PC Min
Exhibit D - Planning Report
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7542
1
A RESOLUTION
APPROVING A PRELIMINARY PLAT FOR
THE PROPERTY LOCATED AT
2300 6TH AVENUE NORTH
FILE NO. LA24-000040
WHEREAS, Eva Kotilinek (hereinafter the “Developer”) on behalf of Barry O’Rourke and
Robin O’Rourke, the owners of the property addressed 2300 6th Avenue North and legally described as:
All that part of the southwest quarter (sw 1/4) of Section Twenty-Seven (27), Township One
Hundred Eighteen (118), Range Twenty-Three (23), beginning at the quarter section post of
the southwest and northwest Quarters of said Section Twenty-Seven (27); thence running
South on the Section line 36.3 perches to the Minneapolis and Fort Ridgely Road; thence along
said road North 89 1/8 degrees east and 60.2 perches; thence Due North 33.1 perches to the
quarter section line of the northwest and southwest quarter of said section; and thence along
said quarter section line 60 1/4 perches to the place of beginning, except the West 300 feet
thereof and except roads, according to the Government survey thereon, Hennepin County,
Minnesota (Doc. No. 5993396) (hereinafter the “Property”);
WHEREAS on July 16, 2024, the Developer applied for Preliminary Plat approval to
subdivide the Property into two buildable lots.
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on November 18, 2024,
the Orono Planning Commission held a public hearing for the application at which time all persons
desiring to be heard concerning the application were given the opportunity to speak thereon; and
WHEREAS, on November 18, 2024, the Planning Commission reviewed the application
and recommended by a vote of 4 – 0 that the City Council grant preliminary plat approval as applied;
and
WHEREAS, the City Council reviewed the proposal at a regular meeting held on
December 9, 2024, and hereby makes the following findings with regards to this application:
FINDINGS
A1. This application was reviewed as Zoning File LA24-000040.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7542
2
A2. The Property is guided in the 2040 Orono Community Management Plan (CMP) for Rural
Residential, 1 unit per 2 acres. The proposal involves the creation of 2 lots at 0.23 units per acre.
The proposal is consistent with the comprehensive plan.
A3. The proposal is consistent with surrounding development.
A4. The Property is not located within the MUSA and will be served with private on-site septic systems
and private water supply wells.
A5. The Property is zoned RR-1B Single Family Rural Residential District, which requires
a minimum lot area of 2 acres and minimum lot width of 200 feet.
A6. The Property contains a total area of approximately 368,517 s.f. or 8.46 acres and has a width of
approximately 692 along 6th Avenue North.
A7. The proposed plat would create one new buildable lot. There are no identified wetlands or bluffs on
the Property. The proposed lots meet the minimum zoning district standards.
a. Lot 1 is proposed to be 3.06 acres and will have 268 feet in width.
b. Lot 2 is proposed to be 5.4 acres and will have 424 feet in width.
A8. Access to both new lots will be via a single shared driveway entrance from 6th Avenue North.
CONCLUSIONS, ORDERS, AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings
noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for a 2-lot
subdivision per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates,
Inc. dated October 21, 2024 and attached hereto as Exhibit A, subject to the following conditions:
B1. Lot Standards. Any proposed improvements must meet all setbacks requirements of the
Zoning Code.
B2. Shared Driveway Access. Driveway access to Lots 1 and 2 shall be a shared driveway utilizing
the existing driveway on Lot 2. All other curb cuts or access points onto the adjacent County Road
shall be removed. The Developer shall establish the appropriate shared driveway easements and
maintenance covenants over the shared driveway area identified on Exhibit A.
B3. Drainage and Utility Easements. On the final plat, Drainage and Utility Easements shall be
dedicated to the public I0 feet along all exterior property lines, and 5 feet either side of interior
property lines, except such easements shall be increased to accommodate drainage where
required, subject to City staff approval. If applicable, Drainage Easements shall be granted over any
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7542
3
stormwater facilities required by the Minnehaha Creek Watershed District; the Drainage Easements
shall be shown on the Plat.
B4. Removals. A demolition permit must be issued and final inspection completed for the shed to be
removed on Lot 1 prior to issuance of the Septic System permit for Lot 1.
B5. Development Fees. *Final fee amounts will be provided at the time of Final Plat.
a. Park Dedication Fee. The subdivision is subject to the standard Park Dedication Fee
requirement. The Park Dedication Fee is outlined in the City's current Fee Schedule and applied
to each newly created lot on a per lot basis. Park dedication fees are based on Hennepin
County assessed value of the predeveloped land. The Park Fee for Lot 1 will be based on the
current Fee Schedule at the time of Final Plat approval.
b. Stormwater and Drainage Trunk Fee. The development is subject to the Stormwater and
Drainage Trunk Fee, as established in the City’s Official Fee Schedule at the time of Final Plat
approval. Currently, based on the 2024 Fee Schedule, the development of a property within a 2-
acre residential zone requires payment of $8,060 per each new lot and as proposed, the
Developer will be subject to payment of a SWDT fee for one new lot or $8060.00.
B6. City Engineer Approval. Approval of the plat is subject to recommendations of City Engineer
Adam Edwards.
B7. Plans and Specifications. The plans and specifications submitted for review and approval by the
City and other appropriate jurisdictions prior to approval of the Final Plat.
B8. Expiration. The Preliminary Plat approval granted by this Resolution shall expire one-year from the
approval date or December 9, 2025.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Community Development Department at
least four (4) weeks prior to the regularly scheduled Council meeting (on the second and fourth
Mondays of the month). The required submittals are as follows:
C1. Record plat drawings in the form of (1) to-scale digital copy; two (2) mylar copies (one copy for the
City's records and one for filing with Hennepin County); and one (1) copy reduced to 1" = 200'.
Drawing to include:
a. Lot lines platted per preliminary plat survey/drawing by Gronberg & Associates, Inc., dated
October 21, 2024 attached hereto as Exhibit A, except as modified herein.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7542
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b. Dedication of Drainage and Utility Easements 10' along exterior property lines and 5' along the
interior property line, with exceptions and additions as noted herein.
c. Dedication of Drainage Easements over all drainageways.
d. Naming of plat.
C2. Legal documents required:
a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners,
mortgage holders or others with property interest indicated therein shall sign the plat and all
other documents affected by such interest.
b. Executed Private Driveway Easement and Maintenance Agreement.
c. The Developer must provide certified copies of all recorded easements currently affecting the
Property.
C3. Plat approval fees to be paid: Total due: ** Final Plat development fees will be determined by
the official fee schedule at the time of Final Plat review.
a. Final plat fee: $800.00
b. Park Dedication Fee: $ _____**
c. Stormwater and Drainage Trunk Fee: $ 8,060.00**
d. Final Plat Escrow: $2,500.00
C4. This Approval shall be effective until December 9, 2025 per the provisions of Zoning Code Section
82-116. If Final Plat Approval is not granted by that date, the terms and conditions of this resolution
shall be null and void. The City Council at its sole discretion may extend this effective period.
ADOPTED by the Orono City Council on this 9th day of December, 2024.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
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360
Minutes
Planning Commission Regular Meeting
Monday, November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 1 of 6
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 Jon Ressler, Ted
Schultze, Bob Erickson, and Mark McCutcheon (arrived at 6:41 p.m.). Commissioners Scott Kirchner and
Gary Kraemer were absent.
Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City
Planner Matthew Karney.
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
Schultz moved, Ressler seconded, to approve the Agenda. VOTE: Ayes 4, Nays 0.
4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 21,
2024
Ressler moved, Schultze seconded, to approve the minutes of the Orono Planning Commission
meeting of October 21, 2024. VOTE: Ayes 4, Nays 0.
5. PUBLIC HEARINGS
5.1. LA24-000040, Eva Kotilinek o/b/o Barry & Robin ORourke, 2300 6th Avenue N,
Preliminary Plat
The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and
approve the preliminary plat subdividing of the property into two lots.
The Planning Commission discussed the item and asked questions of staff. The applicant was present.
Chair Bollis opened the public hearing at 6:06 p.m.
Al Crain, 1310 Phillips Drive; asked about the existing trees on the property.
Chair Bollis closed the public hearing at 6:09 p.m.
Commissioners call the application pretty straightforward, noting that the existing barn would become
non-conforming.
Ressler moved, Schultze seconded, to approve LA24-000040, 2300 6th Ave. N., Preliminary Plat as
applied. VOTE: Ayes: 4, Nays 0.
5.2. LA24-000050, RLA FAMILY LP, 1449 SHORELINE DRIVE, VARIANCE AND
COMMERCIAL SITE PLAN REVIEW
361
Date Application Received: 07/16/2024
Date Application Considered as Complete: 10/24/2024
120-Day Review Period Expires: 02/21/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 18 November 2024
Subject: #LA24-000040, Eva Kotilinek o/b/o Barry & Robin O’Rourke, 2300 6th Avenue N,
Subdivision/Preliminary Plat
Public Hearing
BACKGROUND
The applicant is proposing to subdivide the property at 2300 6th Avenue North to create one
additional buildable lot. The applicant proposes to maintain the existing driveway access on 6th
Avenue, splitting it off to serve the new lot approximately 60 feet into the property. The existing
home will remain on proposed Lot 2; a new home is proposed on Lot 1 and the existing barn is
proposed to remain.
The subdivision is proposed for the current owners’ daughter and family to build a smaller home on
Lot 1; the existing barn will remain on Lot 1. The owners will remain in their home on Lot 2.
LOT ANALYSIS WORKSHEET
Section 78-420 – Lot Area/Width:
RR-1B DISTRICT Lot Area Lot Width
Required 87,120 s.f. (2.0 acres) 200’
Existing 368,517.6 s.f. (8.46 acres) 692’
Proposed Lot 1 133,293 s.f. (3.06 acres) 268’
Proposed Lot 2 2356,224 s.f. (5.4 acres) 424’
Section 78-1403- Structural Building Coverage:
Both lots are proposed to exceed the minimum 2.0-acre area requirement and will not be subject to
building coverage limitations.
Section 78-1680 and 78-1700 - Hardcover Calculations:
The property is located within Tier 3 of the Stormwater Overlay District with a 35% maximum
hardcover limit. Based on the size of the proposed properties there should be no concern regarding
compliance with the 35% limitation.
PRELIMINARY PLAT REVIEW
Conformity with 2020 - 2040 Orono Community Management Plan (“CMP”)
The CMP guides the property for Rural Residential, 1 unit per 2 acres. The proposal involves the
Application Summary: The applicant is requesting preliminary plat approval to subdivide the
existing 8.4-acre property into two (2) buildable lots.
Staff Recommendation: Planning Department Staff recommends approval.
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FILE #LA24-000040
18 November 2024
Page 2 of 4
creation of 2 lots at 0.23 units per acre. The proposal is consistent with the comprehensive plan.
Conformity with RR-1B Zoning District Standards
The property is currently zoned RR-1B One Family Rural Residential (2.0 acre). Lot 1 is proposed to
be 3.06 acres and Lot 2 is proposed to be 5.4 acres, meeting the zoning district standard. There are
no identified wetlands or bluffs on the property.
Accessory Buildings + Horses
The existing property contains a 3,290 square foot barn (the main building is 2,700 with two 270
square foot open-sided “porches” on each side) and a 414 square foot shed. Both of which were
used to support horses in the past. The property owners no longer keep horses on the property. The
shed on Lot 1 will be removed but they intend to maintain the existing barn for residential storage
and personal purposes.
The change in the property’s acreage will make the accessory building footprint nonconforming. A
3.06-acre property is permitted a maximum of 2800 square feet of accessory buildings. If approved,
the property would not be eligible to have any additional accessory buildings unless the barn is
removed or reduced to a conforming size.
Lot 2, proposed to have 5.4 acres, would be allowed a maximum of 4,400 square feet of accessory
building footprint(s).
Relationship to Surrounding Development
The proposed lots are consistent in both character and size with the neighboring lots. 6th Avenue
North is a County Road (CSAH 6) and a major thoroughfare that serves as access to the property.
Conservation Design
The requirements of this conservation design ordinance are meant to preserve and enhance the
ecological/aesthetic character of properties within the City. The regulations which drive the need for
this review are listed within Sections 78-1632 and 82-300 as follows:
Sec. 78-1632. Applicability.
The Conservation Design Master Planning requirements of this article apply to all
proposed residential subdivisions or multi-unit residential developments greater than five
acres in total area or guided for urban density (greater than one unit per two acres).
Sec. 82-300. Conservation design required.
The following residential subdivisions shall be subject to the provisions of chapter 78,
article XII with regards to conservation design.
a. All proposed residential subdivisions greater than five acres in total area and
proposing Urban medium or higher densities (greater than three units per acre)
b. All proposed residential subdivisions greater than seven acres and proposing two
acre minimum lot size or smaller.
c. The city council may waive this requirement due to the nature of the proposed
subdivision.
As the property is over 8 acres in total area and involves the creation of lots over 2.0 acres, the
proposed project does not trigger the requirements for a conservation design.
Utilities
The property is not located within the MUSA and therefore not eligible for city sewer. Private
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FILE #LA24-000040
18 November 2024
Page 3 of 4
septic systems and private water supply wells will serve the property. The existing home to remain
on Lot 2 has an existing well and septic system currently located within the boundaries of the
proposed Lot 2.
Minnehaha Creek Watershed District
A 2 lot subdivision does not trigger a stormwater review by the MCWD. Erosion control permits may
be required for the construction of a new home on Lot 1.
Hennepin County
There are no changes in the driveway access. The applicant should confirm with Hennepin County
regarding permitting before the City Council reviews the plat.
Drainage and Utility Easements
Standard perimeter drainage and utility easements will be required around all property boundaries
in the plat 10 feet in width around the outside boundaries and 5 feet on either side of the shared
property line within the plat as required by Hennepin County.
Driveway Easement
The applicant is proposing a shared driveway for access from CSAH 6 in the current location. A
driveway easement and maintenance agreement will be required.
Fees
Park Dedication Fee
The Parks, Open Space and Trail Plan chapter of the CMP does not specify the need for a
neighborhood park at this location. Wolsfeld Woods is located approximately ¼ mile to the east and
Baker Park Reserve is located less than a mile to the west. There is an existing on-street trail located
along CSAH 6 on the south side of this property. As there is no defined need for park land at this
location, it would appear that the dedication of actual land for park purposes is not required. Absent
the need for park land dedication, a Park Dedication Fee instead of land would be appropriate per
City Ordinance.
The development will be subject to the City’s Park Dedication Fee at the time of Final Plat. This fee is
determined by the fair market value of the land being subdivided. The Hennepin County Assessor
will be consulted to determine the market value of the land to establish the amount of the fee*. The
applicant is proposing one new building site.
Stormwater Drainage Trunk Fee
The stormwater drainage trunk fee (“SWDT fee”) will be determined by the City’s Fee Schedule at
the time of the Final Plat submittal. According to the current 2024 Fee Schedule, the development of
a property within a 2-acre residential zone requires payment of $8,060 per each new lot and/or
development of a vacant lot. As proposed, the applicant will be subject to payment of a SWDT fee
for one new lot or $8060*.
*Final fee amounts will be provided at the time of Final Plat.
Engineer Comments
There are no comments from the City’s Engineer at this time. A grading review will be conducted at
the time of the building permit for Lot 1.
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FILE #LA24-000040
18 November 2024
Page 4 of 4
Public Comments
To date, no public comments have been received.
Issues for Consideration:
1. The Commission should discuss the square footage of the barn proposed to remain on Lot 1.
2. A shared driveway is proposed off of Co Rd. 6. A shared driveway easement and maintenance
agreement should be submitted with the final plat. Does the commission have any concerns
or questions regarding shared driveway?
3. Does the Commission have any issues or concerns with this application that weren’t
addressed within the report?
Planning Staff Recommendation
This application contemplates a simple lot split. However, as there is no simplified process, the
applicant will still be required to prepare a Final Plat for approval and recording.
Planning Staff recommends approval of the preliminary plat without modification to the existing barn.
Regarding the barn, once the property is split, the barn becomes a legal nonconforming building and
cannot be modified to expand the footprint, height, or volume.
365
Date: December 9, 2024 Item: 17
Presenter: Laura Oakden, Community Development Director
Section: Consent Agenda
Title: LA24-000050, 1449 Shoreline Drive, Variance and Commercial Site Plan
Review - Resolution 7543
1.Purpose:
The applicant is requesting hardcover, fencing, and parking lot setback variances in addition to a
site plan review relating to a new parking lot and fence for an existing marina.
2.MN§15.99 Application Deadline:
The application was deemed complete on October 29, 2024. Following the 60- day review period
the application would expire December 28th, 2024.
3.Background:
The applicant made a site plan review application for a new parking lot configuration for the site at
1449 Shoreline Drive. The parcel has lake frontage on 3 sides acting as a peninsula. North Shore
Drive (CSAH 15) bisects the property. The existing marina has boat slips and pedestrian access to
docks located on both sides of the county road. The property was impacted by Hennepin County’s
Tanager Bridge project. As part of the Tanager Bridge project the county used the area in question
for construction staging and it was eventually vacated by the County and combined with the
applicant’s property. The property owner has now utilized the construction staging areas for a
parking area to support their existing marina business.
The marina business was granted approval for additional boat slips by the Lake Minnetonka
Conservation District in September 2024. With the additional boat slips and the high traffic area,
the applicant is requesting after the fact approval of the new parking lot, overall hardcover, and
fencing within the 75’ lakeshore setback on the west side of the property.
4.Planning Commission Vote and Comment:
At their meeting on November 17, 2024 the Planning Commission voted 5 to 0 on a motion in
favor of approving the variances as applied, see the staff report. The commission reviewed the the
application and noted the parking lot on the west side of the parcel supports improved vehicle
circulation and reduced pedestrian crossings. Additionally, the commission noted that the parking
lot brings the site closer to conformance by putting parking on the side side of the road as the dock
at the lakeshore.
A video of the Planning Commission discussion is available on the City Website.
5.Public Comment:
One public comment was submitted included as an exhibit.
6.Staff Recommendation:
Staff recommends approval of the application.
AGENDA ITEM
366
COUNCIL ACTION REQUESTED
Council should make a motion to approved the resolution 7543 as drafted.
Exhibits
Ex A. LA24-000050, Draft Resolution 7543
Ex B Proposed Site Plan Hardcover and Parking Calcs Final
Ex C Public Comment- 1449 Shoreline Dr
Ex D Draft PC Minutes (November 2024)
367
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7543
1
A RESOLUTION APPROVING
A COMMERCIAL SITE PLAN PURSUANT TO
MUNICIPAL ZONING CODE CHAPTER 76, ARTICLE II, DIVISION 4
AND
VARIANCES FROM MUNICIPAL ZONING CODE
SECTIONS 78-1279, 78-1700 and 78-1680
FILE NO. LA24-000050
WHEREAS, on October 29, 2024, the RLA Family Limited Partnership (hereinafter
the “Applicant”), made an application for after-the-fact site plan approval including a request for
approval of after-the-fact variances from the City Code for the property addressed 1449 Shoreline
Drive and legally described in the attached Exhibit A; and
WHEREAS, the Applicant has applied to the City of Orono for after-the-fact
approval of a lakeshore setback variance from City Code Section 78-1279 in order to permit a
construction of a fence within 75-feet of the ordinary high water level (“OHWL”); and
WHEREAS, the Applicant has applied to the City of Orono for an after-the-fact
hardcover variance from City Code Section 78-1680 to allow hardcover within the lakeshore
setback in order to construct of a new parking lot; and
WHEREAS, the Applicant has applied to the City of Orono for an after-the-fact
variance from City Code Section 78-1700 to allow 37.69% hardcover on the Tier 1 Property where
25% hardcover is the maximum allowed; and
WHEREAS, the Applicant has applied to the City of Orono for Commercial Site
Plan approval pursuant to City Code Section 78-142 to allow expansion/creation of a new parking
lot; and
WHEREAS, on November 18 2024, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Orono Planning Commission held a public hearing,
at which time all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
WHEREAS, on November 18, 2024, the Planning Commission voted unanimously
in favor of a motion to recommend approval of the after-the-fact variances and site plan review
as applied; and
WHEREAS, on December 9, 2024, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7543
2
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested after-the-fact variances and commercial site plan as described
above based on one or more of the following findings of fact concerning the Property:
FINDINGS OF FACT
1. This application was reviewed as Zoning File #LA24-000050. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above-mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
2. The Property is located in the B-2 Lakeshore Business District.
3. The Property contains 124,320 square feet in area and due to its irregular lot shape has
an irregular lot width at the OHWL.
4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater
Quality Overlay District.
5. The Applicant has applied for the following after-the-fact approvals:
a. 75-foot lakeshore setback variance for a fence;
b. A variance for new hardcover within the 75-foot lakeshore setback ;
c. A variance to allow the overall site hardcover to exceed 25%; and
d. A Commercial Site Plan Review
6. 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
and site plan 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.
SITE PLAN REVIEW
Before granting approval of the site plan review, the City Council shall determine that the proposal
meets the required criteria. The Council has determined that the Applicant’s proposal:
(1) Is compatible with surrounding land uses; The site is an existing marina and the new
parking lot in compatible with the surrounding land uses. The criterion is met.
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RESOLUTION OF THE CITY COUNCIL
NO. 7543
3
(2) Preserves existing unique and natural features of the site and minimizes impacts to
wetlands, floodplains, and shoreland areas; The existing and proposed landscaping
on the Property help to filter sediment and stormwater runoff from the new
parking. There is an existing pond and newly constructed swales around the
county road and throughout the property to direct run off into the pond for
filtration. The fence keeps the vehicle impacts to the designated areas and
prevent encroachment into the green space surrounding the lake.
(3) Creates harmonious relationship of buildings and open space with natural site features
and with existing and future buildings having a visual relationship of the development;
The new parking lot is supporting the existing business. The parking lot was
installed in an impacted area from a road project was designed with a fence to
preserve the views from the lake. The natural site features of the slopes and
vegetated lakeshore are protected from further encroachment with the
installation of the fence.
(4) Achieves a safe and efficient vehicular and pedestrian circulation system; The new
parking lot connects parking facilities to dock structures on the same side of the
roadway improving the safety and effectiveness for access to the site. This
criterion is met.
(5) Places no excessive demands on services and infrastructure, including local streets;
This criterion is met.
(6) Conforms to the city's plans for parks, streets, and walkways; This criterion is met.
(7) Conforms to the Orono Community Management Plan; The marina business with the
necessary and associated parking and pedestrian improvements are anticipated
in the Orono Community Management Plan. This criterion is met.
(8) Achieves a maximum of safety and convenience of vehicular and pedestrian movement;
The parking lot and fencingimprove safety on the Property for vehicles and
pedestrians. This criterion is met.
(9) Incorporates sufficient landscaping to reasonably screen undesirable features and to
enhance the image of the development; The landscaping requirements conform to
the the B-2 District requirements. Landscaping and green spaces are being
maintained and preserved around the new parking lot and fencing improvements.
This criterion is met.
(10) Protects abutting properties and does not create detrimental disturbances to
surrounding properties; This criterion is met.
(11) Conforms to all requirements of this chapter unless a variance has been granted. This
criterion is met.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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(12) Incorporates efforts to conserve energy whenever practical. This criterion is met.
VARIANCE ANALYSIS
1. “Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . .” The variances requested for the construction of a
parking area and fencing are necessary for the safety and circulation
maneuverability supporting the permitted marina use in the B-2 district. This
criterion is met.
2. “Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan.” The proposed variances are consistent with the
Comprehensive Plan. The Comprehensive Plan emphasizes the protection of
natural resources including our natural waterways. The Applicant has designed the
improvements to allow for continued maintenance of the natural landscaped areas
around the lakeshore; the fencing prevents further lakeward encroachments. as
part of the proposed project, the Applicant will reestablish some of the green
spaces removed during the County construction project for a staging area. This
criterion is met.
3. “Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The property owner’s use of the Property is somewhat limited due to its
location almost entirely within the 75-foot setback from the lake. The new,
western parking lot will have defined edging with the fencing which should
improve pedestrian safety on the site. The area was disturbed for the years
during and after the County’s road/ bridge reconstruction project. The
Applicant will reestablish green spaces and vegetation around the new
parking lot improvement and near the lake. The proposed new parking area
is reasonable and necessary for safety and accessibility supporting the
permitted use on the site. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Applicant purchased the existing marina business on the Property. Arial
images suggest there has been a similar marina business use operating at
this location since the 1950s. The County used the location of the new
371
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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5
proposed parking lot in 2021-2023 as a staging area for the reconstruction
of the Tanager Bridge and removed the existing vegetation in this area.
Following the County’s project completion, the disturbed land was vacated
and combined with the marina property. The marina operates on the east and
west side of the parcel. Adding a parking area to the west side of the
property will reduce the number of pedestrian crossings across the busy
County Road and will allow for easier access to the docking areas. Improved
vehicle circulation is also necessary for the safety of the site. The
circumstances of this Property are unique due mostly to the lot’s peninsula
shape. The disturbance resulting from the County’s use of the site was not
caused by thethe land owner. This criterion is met.
c. The variance, if granted, will not alter the essential character of the locality.”
The proposed variances to allow a new parking lot and fencing within the 75-
foot setback from the lake is not likely to adversely alter the character of the
neighborhood. Rather the fencing and improved parking will help to contain
the marina use to the Property. The natural vegetation and green spaces will
improve stormwater infiltration and reduce sediments entering the lake. The
new formalized parking lot should help to reduce pedestrian and vehicle
crossings over the County road. This criterion is met.
4. “Economic considerations alone do not constitute practical difficulties.” Economic
considerations have not been a factor in the variance approval determination.
5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78.” This condition is not applicable.
6. “The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located.” This condition is not applicable. The marina is a permitted use in the B-2
District; the proposed improvements are necessary to support the permitted use.
7. “The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.” This condition is not applicable.
8. “The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.” The narrow building envelope resulting
from shape of the lot (with lake on three sides) and the County right-of-way diving
the Property are conditions unique to the Property. Additionally, the City Code
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indicates that the required parking for this use should not be separated by a public
roadway. This application corrects this nonconformity with the site. This criterion
is met.
9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” The logistical challenges resulting from the Property’s shape; it’s
proximity to and relationship with the lake and the County Road; and the location
of the existing structures and improvements are unique to the Property. This
criterion is met.
10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” The new parking lot supports increased
safety for pedestrians and vehicles in the area. Additionally, the parking lot and
fence protect the landscaping and natural vegetation around the lakeshore from
vehicle impacts. The application supports the preservation of the Property rights of
the Applicant. This criterion is met.
11. “The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter.” Granting the
variances for the fence setback and parking lot hardcover will improve safety for
the site. The improvments should reduce the pedestrian demand on the crosswalk
over the County road and will improvethe vehicular circulation within the site. This
criterion is met.
12. “The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty.” There are practical difficulties that
support the application as proposed. The after-the-fact variances requested for the
new parking lot and fencing in the 75 foot lakeshore and street setback areas, the
parking lot hardcover in the 75 foot setback will improve the overall safety and
accessibility on the uniquely challenging lot. This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants after-
the-fact approval for a Commercial Site Plan and grants the requested after-the-fact variances
from Orono Municipal Zoning Code Sections 78-1279, 78-1680, and 78-1700, to allow new
parking lot hardcover and a fence within the 75-foot setback from the lake and 37.69% overall
hardcover where 25% is allowed, subject to the following conditions:
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7543
7
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the attached site plan submitted by the Applicant
and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibit
B.
3. Any amendments to the Plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by applying for and receiving an after-the-fact
Zoning Permit for the improvements within one year of the date of Council approval, or the
variances will expire on that date (December 9, 2025).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 9th day of December, 2024.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Christine Lusian, City Clerk Dennis Walsh, Mayor
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7543
8
Exhibit A
Per Certificate of Title No. 1346856, registered February 6, 2012.
That part of Government Lot 1, Section 11, Township 117, Range 23, lying southerly of a line described
as commencing at the meander corner on the North line of said Government Lot 1; thence South 10
degrees East, assuming the North line of said Government Lot 1 as bearing East and West, a distance of
887.66 feet to the point of beginning of the line to be described ; thence North 67 degrees 48 minutes
East to the Shore of Lake Minnetonka; thence South 67 degrees 48 minutes West through the point of
beginning to the shore of Tanager Lake, Formerly Mud Lake, and said line there terminating.
That part of Government Lot 2, Section 11, Township 117, Range contiguous to Government Lot 1
Section 11, Township 117, Range 23 and lying north of the channel shown on Hennepin County State Aid
Highway No. 15, Plat 51, Registrar of Titles Doc No. 1457512.
Subject to the rights of the State of Minnesota below the ordinary high watermark of Lake Minnetonka;
Subject to Hennepin County State Aid Highway No. 15, Plot 51, Registrar of Titles Doc. No. 1457512;
Subject to an easement for sanitary sewer purposes in favor of the City of Orono, recorded October 15,
1980 as CR Doc No. 4595672
Subject to an easement for sanitary sewer purposes in favor of the City of Orono, recorded October 15,
1980 as CR No. Doc. 4595673;
Subject to City Council Resolution No. 2308, granting a conditional use permit and variance, recorded
January 13, 1988 CR Doc. No 5367551;
Subject to Orono City Council Resolution No. 3835, granting variances, recorded June 24, 1997 as CR
Doc. No. 6749483;
Subject to Orono City Council Resolution No. 2638, granting variances, recorded December 9, 2009 as
CR Doc. No . 9455018;
Subject to Highway easement per Quit Claim Deed recorded September 8, 2020 as Doc. No. 5740872.
375
376
From:Barbara Schmidt
To:Laura Oakden
Subject:Questions
Date:Monday, November 18, 2024 2:20:50 PM
Hi Laura - I'm inquiring regarding the large parking lot to be added to North Shore Marina. Can you explain how the
runoff will affect Tanager Lake and Lake Minnetonka? Is there a DNR assessment? Is there an environmental
impact study? If this is a planned expansion, shouldn’t there be more documentation about traffic and congestion?
Has the Minnehaha Watershed District looked at this project?
Please address issues during the public meeting tonight - thank you - Barbara Schmidt, 50 Landmark Drive.
377
1.1.LA24-000050, RLA FAMILY LP, 1449 SHORELINE DRIVE, VARIANCE AND
COMMERCIAL SITE PLAN REVIEW
The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and
approve hardcover, fencing and parking lot setback variances and site plan review to establish a new
parking lot at an existing marina business.
The Planning Commission discussed the item and asked questions of staff and the applicant, Travis
Anderson, 3260 North Shore Drive.
Chair Bollis opened the public hearing at 6:19 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:19 p.m.
Commissioners asked about safety and said it seemed like a sensible approach and made the parking
conforming with the road.
Erickson moved, Schultze seconded, to approve LA24-000050, 1449 Shoreline Drive,
Variance and Commercial Site Plan Review.VOTE: Ayes: 4, Nays 0.
378
Date: December 9, 2024 Item: 18
Presenter: Laura Oakden, Community Development Director
Section: Consent Agenda
Title: LA24-000064, Text Amendment: Driveway, Road, and Tree Alteration
Standards - Ordinance 311
1.Purpose:
The City of Orono is proposing an ordinance to amend the Zoning Code regarding the driveway
width standards and to fix a typo in the tree alteration requirements, all within the Shoreland
Overlay District.
2.Background:
Included in this action are three areas of the Shoreland Overlay District regulations that should be
amended including:
1. 78-1282: Driveways
2. 78-1285: Vegetation Alterations
3. 78-1286: Public and Private Road
In March of 2024, Planning Commission reviewed a variance request for a driveway to exceed 8
feet in width within the 75-foot setback from a protected tributary on a property in the Shoreland.
The variance was approved but included direction to staff to amend the city code to make the
language is consistent with the DNR model ordinance. This code change would allow staff and
property owners to better determine a minimum driveway width within the setback and take site
conditions (i.e. topography, wetlands, and accessibility) into consideration. While preparing this
amendment, staff found a typo in Section 78-1268 that included driveways as part of the public
and private road standards. Staff is suggesting driveways be removed from the section regarding
road standards and amend the driveway section to be reflective of the DNR model ordinance
language.
Additionally, Staff found a typo in the vegetation alteration requirements. The typo creates a
double negative in the city code creating confusion. Staff proposes to correct the double negative
where is applied and reorganize the formatting of the section so it is easier to reference for each
criterion.
The proposed changes are all within the Shoreland Overlay District and are subject to DNR
review. The DNR has provided a conditional approval letter, attached as an exhibit.
3.Planning Commission Vote and Comment:
At their meeting on November 18th, the Planning Commission, see staff report , voted 5 to 0 on a
motion in favor of approving the draft ordinance. The commission found the edits to be inline with
the DNR model ordinances and clarifying the existing city code language.
4.Public Comment:
Once public comment was submitted and is attached as an exhibit.
AGENDA ITEM
379
5.Staff Recommendation:
Staff recommends approval of the draft ordinance.
COUNCIL ACTION REQUESTED
City Council should make a motion to to adoption draft Ordinance 311.
Exhibits
Ex A- Draft Ordinance 311, Driveway width and Veg Alt..
Ex B Public Comment_DG...pdf
Ex C. Draft Planning Commission Minutes (November 2024)
380
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 311
AN ORDINANCE AMENDING SECTIONS 78-1282, 78-1285, AND 78-1286 ARTICLE V
OF THE CITY CODE REGARDING DRIVEWAY WIDTH AND VEGETATION
ALTEARTIONS WITHIN THE SHORELAND
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
SECTION 1. Orono City Code Title VI, Chapter 78, Article I, Section 78-1282 is hereby
amended by adding the underlined language and deleting the strikethrough language as follows:
(a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property
has no other frontage on or access to a public or private road. Driveways must not be placed within bluff and
shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist,
a driveway may be placed within these areas when designed to take advantage of natural vegetation and
topography to achieve maximum screening from view from public waters, and shall be designed and
constructed to minimize and control erosion to public waters consistent with the requirements of all
agencies with jurisdiction and in accordance with City Code chapter 79 as approved by the Community
Development Director;
(b)Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and
down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the Shore
Setback zone and must meet the following design requirements:
(1)Stairways and lifts must not exceed four feet in width.
(2)Landings for stairways and lifts shall not exceed 32 square feet in area.
(3)Canopies or roofs are not allowed on stairways, lifts, or landings.
(4)Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed
into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
(5)Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as
viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical.
(6)Facilities necessary to provide shore area access to physically handicapped persons shall be allowed,
provided that the dimensional and performance standards of subsections (1)—(5) of this section are
completed in addition to the requirements of the Minnesota Regulations, chapter 1340.
(7)A building permit shall be obtained for construction of stairways, lifts and landings regardless of
whether such improvements are constructed above, at or below grade.
SECTION 2. Orono City Code Title VI, Chapter 78, Article IV, Section 78-1285 is
hereby amended by adding the underlined language and deleting the strikethrough language as
follows:
(a)No tree within 75 feet of the shoreline of public waters identified in section 78-1217, or within the bluff
impact zone, with a diameter of six inches or more (or 19 inches in circumference or greater) measured three
381
feet above the ground may be removed without first obtaining a permit from the city staff. Live tTrees
removed within 75 feet of the shoreline shall be replaced at a similar setback from the OHWL as the
removed tree, based on the following:
(1)Live trees less than 36 inches in diameter requires 1 inch of replacement tree per inch of tree diameter
removed.
(2)Live trees greater than 36 inches in diameter requires ½ inch of replacement tree per diameter inch of
tree removed.
(3)Replacement trees shall be at least 1.5 inches in diameter, and of a type approved by the city. Trees
may be inspected by city staff prior to their removal. All replacement trees shall be a species native to
Minnesota as listed on the Minnesota DNR's Native Trees list. All replacement trees must be approved
by the city.
(4)Removal of dead Dead, diseased, or trees deemed hazardous by a certified arborist may not be
removed without a permit from city staff. The removed tree(s) shall be replaced at a ratio of one tree
per tree removed, regardless of size. The replacement tree shall be replanted at a similar setback from
the OWHL as the removed tree and, be approved by the city administrator or designee. The city may
solicit the review of the tree by an independent arborist, at the property owner's expense.
Replacement trees shall be at least 1.5 inches in diameter.
All replacement trees shall be a species native to Minnesota as listed on the Minnesota DNR's Native Trees list. All
replacement trees must be approved by the city.
(b)Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 78-1217, on
steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited
clearing of shrubs and trees less than six inches in diameter and cutting, pruning, and trimming of trees of
any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the
placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access
areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as
viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.
(1)All intensive vegetation clearing, including the clearing of invasive species, shall require a permit from
city staff and shall require the submittal of a revegetation plan acceptable to the city. The plan shall
include erosion control measures if deemed necessary by the city.
SECTION 3. Orono City Code Title VI, Chapter 78, Article IV, Section 78-1286 is
hereby amended by adding the underlined language and deleting the strikethrough language as
follows:
New public and private roads, driveways, parking areas, and public or private watercraft access ramps shall
not be constructed within the Shore Setback of the public waters enumerated in section 78-1217. If no alternatives
exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall
consider the following:
(1)Such improvements shall be designed to take advantage of natural vegetation and topography to
achieve maximum screening from view from public waters.
(2)All roads and parking areas shall be designed and constructed to minimize and control erosion to public
waters consistent with the requirements of all agencies with jurisdiction and in accordance with City
Code chapter 79.
382
SECTION 4. This ordinance shall become effective immediately upon its passage and
publication.
ADOPTED this 9 day of December, 2024, by the City Council of the City of Orono,
Minnesota.
CITY OF ORONO
By: __________________________
Dennis Walsh, Mayor
ATTEST:
__________________________
Christine Lusian, City Clerk
383
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 311
AN ORDINANCE AMENDING SECTIONS 78-1282, 78-1285 and 78-1286, AND
ARTICLE V OF THE CITY CODE REGARDING DRIVEWAY WIDTHS AND
VEGETATION ALTERATION WITHIN THE SHORELAND DISTRICT
NOTICE IS HEREBY GIVEN that, on December 9, 2024, Ordinance No. 311 was
adopted by the City Council of the City of Orono, Minnesota.
NOTICE IS FURTHER GIVEN that, due to the lengthy nature of Ordinance No. 311,
the following summary of the ordinance has been prepared for publication and approved by the
City Council as authorized by state law.
NOTICE IS FURTHER GIVEN that, Ordinance No. 311 amends City Code
Sections 78-1282, 78-1285, AND 78-1286 and Article V regarding driveway widths and
vegetation alteration within the shoreland district.
A printed copy of the whole ordinance is available for inspection by any person during
the City’s regular office hours or on the City’s website.
APPROVED for publication by the City Council of Orono, Minnesota this 9 day of
December, 2024.
CITY OF ORONO
By _____________________________
Dennis Walsh, Mayor
ATTEST:
______________________________
Christine Lusian, City Clerk
384
From:Dan Gustafson
To:Laura Oakden; Christopher Bollis; Scott Kirchner; Adam Edwards
Subject:Re: LA24-000063, LA24-000064
Date:Thursday, November 7, 2024 10:43:41 AM
Attachments:image001.png
Hanford_v_St_Paul_And_DR_Co.pdf
Brisbine_v_St_Paul_And_SCR_Co.pdf
State_by_Head_v_Slotness.pdf
Lamprey v Metcalf.pdf
Thank you Laura,
You indicate LA24-000064 / 78-1282 follows the model ordinance from the DNR. Can you
provide a copy to me for review?
I'm concerned about the use of the term "landing" within the state-defined Shoreland
6120.2500.15 area, especially since a permit is required for construction in (b) 7. Riparian
rights cases suggest that property owners have the right to build docks, piers, wharves, and
landings on and in front of their property into the water without needing a permit, as these are
vested property rights.
I request that you revise the language to clarify that stair "landings" are distinct from docks,
piers, wharves, or other waterfront structures providing access to the water, as outlined in the
attached MN Supreme Court cases. Alternatively, you could remove the word "landing"
entirely. If no changes are made, I will submit a formal written objection to the code and
attend the public hearing to voice these concerns.
Daniel Gustafson | (952) 473-1000
Wayzata.com
LakeMinnetonkaRealEstate.com
On Tue, Nov 5, 2024 at 4:01 PM Laura Oakden <loakden@oronomn.gov> wrote:
Hi Dan,
Thanks for your patience. I have included a short summary of the applications you had
questions about below.
LA24-000064 relates to a text amendment to two different areas within the shoreland
overlay district. (See Attached)
1. 78-1282 will address driveways widths within lakeshore setback. The proposed
language follows the DNR model ordinance
385
Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 1 of 1
LA24-0000064, TEXT AMENDMENT: DRIVEWAY, ROAD, AND TREE ALTERATION
STANDARDS WITHIN THE SHORELAND OVERLAY DISTRICT
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve a text amendment for driveway, road,and tree alteration standards within lakeshore set-back to
allow for flexibility based on topography or other site features and cleaning up the code with edits and
clarifications. Driveway wording would follow DNR ordinances.
The Planning Commission discussed the item and asked questions of staff.
Chair Bollis opened the public hearing at 8:27 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 8:27 p.m.
Commissioners were in favor of the revised text amendment.
Ressler moved, Schultze seconded, to approve LA24-0000064, Text Amendment: Driveway, Road,
and Tree Alteration Standards within the Shoreland Overlay District.VOTE: Ayes: 5, Nays 0.
386
Date: December 9, 2024 Item: 19
Presenter: Melanie Curtis, Planner
Section: Consent Agenda
Title: LA24-000057, 1480 Bracketts Point Rd, Final Plat "Bracketts Point 3rd
Addition" - Resolution 7534
1.Purpose:
The purpose of this request is to review and approve the final plat of BRACKETTS POINT
THIRD ADDITION from 1480 Bracketts Point Rd (including Out lots A and B within Bracketts
Point 2nd Add). The request also includes the vacation of easements.
2.MN§15.99 Application Deadline:
This application was received on October 19, 2024, and considered to be complete on December
4, 2024. The 120-day plat review timeline will expire on April 3, 2025.
3.Background:
In September, the Council granted preliminary plat approval to the applicant for Bracketts Point
3rd Addition. Please refer to the September 9th staff report for more background on the
application.
The applicant has completed all of the requirements outlined within Resolution 7507, attached as
Exhibit C.
4.Staff Recommendation:
Staff recommends approval.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Council should adopt Resolution 7534 granting Final Plat approval for BRACKETTS POINT THIRD
ADDITION, and authorize the Mayor and Clerk to sign the plat Mylars.
Exhibits
Exhibit A - Resol 7534 Final Plat Bracketts Pt 3rd
Exhibit B - PLAT
Exhibit C - Pre Plat Resol 7507
387
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7534
1
A RESOLUTION
APPROVING THE PLAT OF
BRACKETTS POINT THIRD ADDITION
FILE NO. LA24-000057
WHEREAS, the City of Orono (hereinafter the “City”) is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted
subdivision and land development regulations for the orderly, economic and safe development of land
within the City; and
WHEREAS, on October 18,2024, on behalf of the Owners, George Stickney (hereinafter the
“Developer”), applied for final plat approval pursuant to the City Code for the property addressed 1480
Bracketts Point Road, including Outlot A and Outlot B, Bracketts Point 2nd Addition; legally described as set
forth in Exhibit A; and
WHEREAS, Parcel 1 is owned by Wayzata Bay LLC; Parcel 2 is owned by Bruce G. Paddock,
Wayzata Bay LLC, Stephen P. Stenehjem and Stacey M. Stenehjem; and
WHEREAS, the Developer represents the owners of the Property; and
WHEREAS, on July 18, 2024, the Developer applied for Preliminary Plat approval to rearrange
the boundary lines between Outlot A, Bracketts Point 2nd Addition and Outlot B, Bracketts Point 2nd Addition;
and between Outlot A, Bracketts Point 2nd Addition and 1480 Bracketts Point Road; and
WHEREAS, as part of the change in the lot lines, the Developer requested vacation of the existing
drainage and utility easements on the common boundary between Outlot A, Bracketts Point 2nd Addition
and 1480 Bracketts Point Road; and
WHEREAS, at its regular meeting on September 9, 2024, the Orono City Council granted
approval for the Preliminary Plat per the findings and conditions of Resolution No. 7507 by a 4 to 0 vote;
and
WHEREAS, pursuant to Minnesota Statutes § 412.851 and the Orono City Code, on August 19,
2024, the Planning Commission of the City of Orono conducted a public hearing preceded by two (2)
weeks published and posted notice, and mailed notice to the abutting property owners, to consider the
vacation of the Existing Public Easements; and
388
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7534
2
WHEREAS, on September 9, 2024, following the hearing and consideration of the proposed
vacations, the review of the Zoning File #LA24-000039, and the recommendation of the Planning
Commission, the Orono City Council determined that the Existing Public Easements are not needed for
public purposes and/or new/replacement drainage and utility easements will be dedicated on the Final Plat;
and
WHEREAS, on October 18, 2024, the Developer applied for final plat approval for the Property;
and
WHEREAS, the Developer has agreed to comply with all conditions of Resolution No. 7507 and
has completed or has agreed to complete all other requirements of the platting regulations of the City.
NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution No. 7507, the
City Council of the City of Orono hereby vacates the Existing Public Easements; and
BE IT FURTHER RESOLVED, that the Orono City Council hereby approves the plat of
BRACKETTS POINT THIRD ADDITION, Hennepin County, Minnesota (a copy of which is attached as
Exhibit B), subject to the following conditions:
A1. Development within BRACKETTS POINT THIRD ADDITION is subject to the Conclusions, Orders,
and Conditions enumerated within Preliminary Plat Resolution No. 7507.
A2. Dedication on the plat of the perimeter Drainage and Utility Easements as required in Resolution
7507.
A3. Permits Required.
a. A City demolition permit and a MCWD Erosion Control permit (if applicable) are required prior to
demolition of the tennis court.
A4. A title opinion for the Property and certified copies of all recorded easements currently affecting the
Property has been be submitted.
A5. Payment of Development Fees Required: $550
a. Final Plat Application Fee: $550.
b. Park Dedication Fee: $0
c. Stormwater and Drainage Trunk Fee: $0
A6. The approvals granted in this Resolution shall become effective only when all conditions of approval
requiring actions by the Developer have been satisfied.
389
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7534
3
A7. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney,
Community Development Director, and City Engineer that all requirements of the platting regulations
have been satisfied.
A8. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before December
4, 2025, together with a certified original copy of this resolution and executed copies of the
easements and covenants pertinent thereto.
A9. 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 9th day of December, 2024.
CITY OF ORONO:
________________________________
Dennis Walsh, Mayor
ATTEST:
_______________________________
Christine Lusian, City Clerk
390
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7534
4
Exhibit A
Legal Description
Parcel 1:
Lot 2, Block 1, BRACKETTS POINT, Hennepin County, Minnesota.
Parcel 2:
Those parts of Outlots A & B, BRACKETTS POINT 2ND ADDITION which lies northeasterly, easterly and
southeasterly of the following described line and its southwesterly extension:
Beginning at a point on the northwesterly line of said Outlot A a distance of 26.00 feet northeasterly from
the most westerly corner of said Outlot A; thence southeasterly to a point on the southwesterly line of
Outlot B, BRACKETTS POINT 2ND ADDITION, said point being the northerly point of the 58.76 foot
segment bearing North 54 degrees 20 minutes West as shown on said plat, thence southwesterly
deflecting right 90 degrees to its intersection with Lake Minnetonka, and said line there ending. Hennepin
County, Minnesota
391
SHEET 1 OF 2 SHEETSGRONBERG & ASSOCIATES, INC.ENGINEERS, LAND SURVEYORS, PLANNERSC.R.DOC.NO. __________BRACKETTS POINT 3RD ADDITIONKNOW ALL PERSONS BY THESE PRESENTS: That Wayzata Bay, LLC, a Minnesota limited liability company, fee owners of the following described property: Lot 2, Block 1, BRACKETTS POINT And that Wayzata Bay, LLC, a Minnesota limited liability company, Bruce G. Paddock as Trustee of the Bruce G. Paddock Revocable Trust under Agreementdated February 21, 2002, and Stephen Peter Stenehjem and Stacy M. Stenehjem, husband and wife, fee owners of the following described property: Those parts of OUTLOTS A & B, BRACKETTS POINT 2ND ADDITION which lies northeasterly, easterly, and southeasterly of the following described line and itssouthwesterly extension: Beginning at a point on the northwesterly line of said OUTLOT A a distance of 26.00 feet northeasterly from the most westerly corner of said OUTLOT A;thence southeasterly to a point on the southwesterly line of OUTLOT B, BRACKETTS POINT 2ND ADDITION, said point being the northerly point of the 58.76foot segment bearing North 54 degrees 20 minutes West as shown on said plat; thence southwesterly deflecting right 90 degrees to its intersection with LakeMinnetonka, and said line there ending, Hennepin County, Minnesota. Have caused the same to be surveyed and platted as BRACKETTS POINT 3RD ADDITION, and do hereby dedicate to the public for public use the drainageand utility easements, as created by this plat. In witness whereof said Wayzata Bay, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this ______day of _____________, 20_____. Signed: Wayzata Bay, LLC By _________________________________________, _____________________________ STATE OF ______________________COUNTY OF __________________________This instrument was acknowledged before me this _______ day of ____________, 20_______, by _________________________,_________________________, of Wazata Bay, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________ In witness whereof said Bruce G. Paddock, Trustee of the Bruce G. Paddock Revocable Trust under Agreement dated February 21, 2002, has hereunto sethis hand this ______ day of _____________, 20_____. _________________________________________Bruce G. Paddock, Trustee of the Bruce G. Paddock Revocable Trust under Agreement dated February 21, 2002 STATE OF ______________________COUNTY OF __________________________This instrument was acknowledged before me this _______ day of ____________, 20_______, by Bruce G. Paddock, Trustee of the Bruce G. PaddockRevocable Trust under Agreement dated February 21, 2002 In witness whereof said Stephen Peter Stenehjem and Stacy M. Stenehjem, husband and wife, have hereunto set their hands this ______ day of __________20_____. _________________________________________Stephen Peter Stenehjem _________________________________________Stacy M. Stenehjem STATE OF ______________________COUNTY OF __________________________This instrument was acknowledged before me this _______ day of ____________, 20_______, by Stephen Peter Stenehjem and Stacy M. Stenehjem. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________ I Mark S. Gronberg do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the Stateof Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; thatall monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in MinnesotaStatutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ______ day of _______________, 20______. __________________________________________________________Mark S. Gronberg, Licensed Land SurveyorMinnesota License Number 12755 STATE OF ______________________COUNTY OF _________________________This instrument was acknowledged before me this _______ day of ________________, 20_____ by Mark S. Gronberg. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________ City Council, City of Orono, Minnesota This plat of BRACKETTS POINT 3RD ADDITION was approved and accepted by the City Council of the City of Orono, Minnesota, at a regular meeting thereofheld this _____ day of _______________, 20_____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City Of Orono, Minnesota _____________________________________, Mayor _____________________________________, Clerk COUNTY AUDITOR, Hennepin County, Minnesota I hereby certify that taxes payable in 20______ and prior years have been paid for land described on this plat, dated this _______ day of _____________,20______. Daniel Rogan, County Auditor By _______________________________________ Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 383B.565, (1969), this plat has been approved this _______ day of __________________, 20_____. Chris F. Mavis, County Surveyor By _________________________________________ COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of BRACKETTS POINT 3RD ADDITION was recorded in this office this ________ day of ____________, 20____,at ________ o'clock ____.M Amber Bougie, County Recorder By ______________________________________, Deputy392
O U T L O T BBROWN'S BAYSURVEYLINE10LAKEMINNETONKAOUTLOT A1 0
1 0
1 0
LOT 1BLOCK 1N 62°17'44" E 414 +-1 0
10101050.00101.67216.9445+-N 4 0°0 6'30 " W
66.50 N 54°10'16" W (MEAS.) N 54°20' W (RECORD) 58.76R =1 2 0 .0 0 ǻ =3 6 °0 7 '3 0 "L =7 5 .6 6 N 1 8 °0 2 '4 6 " W 2 4 9 .3 7
R =5 0 .0 0 ǻ =2 6 °4 7 '3 0 "L =2 3 .3 8 N 44°50'16" W 9.90R=45.00 ǻ=247°10'00"L=194.12 N 22°00'16" W 5.00N 2 7 °4 8 '5 6 " W
4 7 .1 2 S 35°49'44" W 10.00N 54°10'16" W
58.76N 17°41'10" E 128.31R =1 5 0 .0 0 ǻ =3 6 °0 7 '3 0 "L =9 4 .5 8 N 1 8 °0 2 '4 6 " W 2 1 1 .7 2 N 67°59'44" E 16.59187.4224 +-43.0515.71S 09°2 1 '21" E 317.9 2
S 1 8 °2 6 '2 4 " E 1 2 5 .0 5 SHEET 2 OF 2 SHEETSGRONBERG & ASSOCIATES, INC.ENGINEERS, LAND SURVEYORS, PLANNERSC.R.DOC.NO. __________BRACKETTS POINT 3RD ADDITION40080160SCALE IN FEETTHE SOUTHERLY LINE OFLOT 1, BLOCK 2SOUTHWAYS: Denotes Set 1/2 inch by 14 inch iron pipe monument, marked by MN Lic. No. 12755 THE SOUTHERLY LINE OF LOT 1, BLOCK2, SOUTHWAYS IS ASSUMEDTO HAVE A BEARING OF N 62°17'44" EBeing 10 feet in width, and adjoining side lot lines,and being 10 feet in width, and adjoining publicways unless otherwise indicated on this plat. Drainage and utility easements shown thus:10101010NOT TO SCALETHE NORTHWESTERLY LINE OFOUTLOT A, BRACKETTS POINT2ND ADDITIONTHE MOST WESTERLY CORNEROF OUTLOT A, BRACKETTS POINT2ND ADDITION26.00SMITH'S BAYN 67°59'44" E 212 +-DRAINAGE ANDUTILITY EASEMENTOVER ALL OF OUTLOT ASHORELINE OF LAKE MINNETONKAAS LOCATED ON 21 NOVEMBER 2024HIGHEST KNOWN LAKE ELEVATION OF LAKE MINNETONKA WAS931.1 FT., NGVD-1929 ON 6-23-14, ACCORDING TO THE MINNESOTADEPARTMENT OF NATURAL RESOURCES WATER ELEVATION OF LAKE MINNETONKA WAS 928.7 FT., NGVD-1929ON NOVEMBER 21, 2024 BENCHMARK IS A BRASS DISC SURVEY MONUMENT IN GROUND 15 FEET WESTOF SWALE RIPRAP, 25 FEET NORTH OF CONCRETE CURB AT EXIT OF GRAYSBAY AREA, ELEVATION =932.70 FT., NGVD-1929LAKEMINNETONKASHORELINE OF LAKE MINNETONKAAS LOCATED ON 21 NOVEMBER 202450SOUTHWESTERLY LINE OFOUTLOT B, BRACKETTSPOINT 2ND ADDITION90°POB53 +-204.01RECORD - Refers to dimensions in Document Number 11289923, recorded inthe office of the County Recorder, Hennepin County, Minnesota.393
SHEET 1 OF 2 SHEETSGRONBERG & ASSOCIATES, INC.ENGINEERS, LAND SURVEYORS, PLANNERSC.R.DOC.NO. __________BRACKETTS POINT 3RD ADDITIONKNOW ALL PERSONS BY THESE PRESENTS: That Wayzata Bay, LLC, a Minnesota limited liability company, fee owners of the following described property: Lot 2, Block 1, BRACKETTS POINT And that Wayzata Bay, LLC, a Minnesota limited liability company, Bruce G. Paddock as Trustee of the Bruce G. Paddock Revocable Trust under Agreementdated February 21, 2002, and Stephen Peter Stenehjem and Stacy M. Stenehjem, husband and wife, fee owners of the following described property: Those parts of OUTLOTS A & B, BRACKETTS POINT 2ND ADDITION which lies northeasterly, easterly, and southeasterly of the following described line and itssouthwesterly extension: Beginning at a point on the northwesterly line of said OUTLOT A a distance of 26.00 feet northeasterly from the most westerly corner of said OUTLOT A;thence southeasterly to a point on the southwesterly line of OUTLOT B, BRACKETTS POINT 2ND ADDITION, said point being the northerly point of the 58.76foot segment bearing North 54 degrees 20 minutes West as shown on said plat; thence southwesterly deflecting right 90 degrees to its intersection with LakeMinnetonka, and said line there ending, Hennepin County, Minnesota. Have caused the same to be surveyed and platted as BRACKETTS POINT 3RD ADDITION, and do hereby dedicate to the public for public use the drainageand utility easements, as created by this plat. In witness whereof said Wayzata Bay, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this ______day of _____________, 20_____. Signed: Wayzata Bay, LLC By _________________________________________, _____________________________ STATE OF ______________________COUNTY OF __________________________This instrument was acknowledged before me this _______ day of ____________, 20_______, by _________________________,_________________________, of Wazata Bay, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________ In witness whereof said Bruce G. Paddock, Trustee of the Bruce G. Paddock Revocable Trust under Agreement dated February 21, 2002, has hereunto sethis hand this ______ day of _____________, 20_____. _________________________________________Bruce G. Paddock, Trustee of the Bruce G. Paddock Revocable Trust under Agreement dated February 21, 2002 STATE OF ______________________COUNTY OF __________________________This instrument was acknowledged before me this _______ day of ____________, 20_______, by Bruce G. Paddock, Trustee of the Bruce G. PaddockRevocable Trust under Agreement dated February 21, 2002 In witness whereof said Stephen Peter Stenehjem and Stacy M. Stenehjem, husband and wife, have hereunto set their hands this ______ day of __________20_____. _________________________________________Stephen Peter Stenehjem _________________________________________Stacy M. Stenehjem STATE OF ______________________COUNTY OF __________________________This instrument was acknowledged before me this _______ day of ____________, 20_______, by Stephen Peter Stenehjem and Stacy M. Stenehjem. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________ I Mark S. Gronberg do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the Stateof Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; thatall monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in MinnesotaStatutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ______ day of _______________, 20______. __________________________________________________________Mark S. Gronberg, Licensed Land SurveyorMinnesota License Number 12755 STATE OF ______________________COUNTY OF _________________________This instrument was acknowledged before me this _______ day of ________________, 20_____ by Mark S. Gronberg. ____________________________________ _____________________________ Signature Notary's printed name Notary Public, ________________________ County __________ My commision expires _________________ City Council, City of Orono, Minnesota This plat of BRACKETTS POINT 3RD ADDITION was approved and accepted by the City Council of the City of Orono, Minnesota, at a regular meeting thereofheld this _____ day of _______________, 20_____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City Of Orono, Minnesota _____________________________________, Mayor _____________________________________, Clerk COUNTY AUDITOR, Hennepin County, Minnesota I hereby certify that taxes payable in 20______ and prior years have been paid for land described on this plat, dated this _______ day of _____________,20______. Daniel Rogan, County Auditor By _______________________________________ Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 383B.565, (1969), this plat has been approved this _______ day of __________________, 20_____. Chris F. Mavis, County Surveyor By _________________________________________ COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of BRACKETTS POINT 3RD ADDITION was recorded in this office this ________ day of ____________, 20____,at ________ o'clock ____.M Amber Bougie, County Recorder By ______________________________________, Deputy394
O U T L O T BBROWN'S BAYSURVEYLINE10LAKEMINNETONKAOUTLOT A1 0
1 0
1 0
LOT 1BLOCK 1N 62°17'44" E 414 +-1 0
10101050.00101.67216.9445+-N 40°06'30" W
66.50N 54°10'16" W (MEAS.) N 54°20' W (RECORD) 58.76R =1 2 0 .0 0 Δ =3 6 °0 7 '3 0 "L =7 5 .6 6 N 1 8 °0 2 '4 6 " W 2 4 9 .3 7
R =5 0 .0 0 Δ =2 6 °4 7 '3 0 "L =2 3 .3 8 N 44°50'16" W 9.90R=45.00 Δ=247°10'00"L=194.12 N 22°00'16" W 5.00N 2 7 °4 8 '5 6 " W
4 7 .1 2 S 35°49'44" W 10.00N 54°10'16" W 58.76N 17°41'10" E 128.31R =1 5 0 .0 0 Δ =3 6 °0 7 '3 0 "L =9 4 .5 8 N 1 8 °0 2 '4 6 " W 2 1 1 .7 2 N 67°59'44" E 16.59187.4224 +-43.0515.71S 0 9 °2 1 '2 1 " E 3 1 7 .9 2
S 1 8 °2 6 '2 4 " E 1 2 5 .0 5 SHEET 2 OF 2 SHEETSGRONBERG & ASSOCIATES, INC.ENGINEERS, LAND SURVEYORS, PLANNERSC.R.DOC.NO. __________BRACKETTS POINT 3RD ADDITION40080160SCALE IN FEETTHE SOUTHERLY LINE OFLOT 1, BLOCK 2SOUTHWAYS: Denotes Set 1/2 inch by 14 inch iron pipe monument, marked by MN Lic. No. 12755 THE SOUTHERLY LINE OF LOT 1, BLOCK2, SOUTHWAYS IS ASSUMEDTO HAVE A BEARING OF N 62°17'44" EBeing 10 feet in width, and adjoining side lot lines,and being 10 feet in width, and adjoining publicways unless otherwise indicated on this plat. Drainage and utility easements shown thus:10101010NOT TO SCALETHE NORTHWESTERLY LINE OFOUTLOT A, BRACKETTS POINT2ND ADDITIONTHE MOST WESTERLY CORNEROF OUTLOT A, BRACKETTS POINT2ND ADDITION26.00SMITH'S BAYN 67°59'44" E 212 +-DRAINAGE ANDUTILITY EASEMENTOVER ALL OF OUTLOT ASHORELINE OF LAKE MINNETONKAAS LOCATED ON 21 NOVEMBER 2024HIGHEST KNOWN LAKE ELEVATION OF LAKE MINNETONKA WAS931.1 FT., NGVD-1929 ON 6-23-14, ACCORDING TO THE MINNESOTADEPARTMENT OF NATURAL RESOURCES WATER ELEVATION OF LAKE MINNETONKA WAS 928.7 FT., NGVD-1929ON NOVEMBER 21, 2024 BENCHMARK IS A BRASS DISC SURVEY MONUMENT IN GROUND 15 FEET WESTOF SWALE RIPRAP, 25 FEET NORTH OF CONCRETE CURB AT EXIT OF GRAYSBAY AREA, ELEVATION =932.70 FT., NGVD-1929LAKEMINNETONKASHORELINE OF LAKE MINNETONKAAS LOCATED ON 21 NOVEMBER 202450SOUTHWESTERLY LINE OFOUTLOT B, BRACKETTSPOINT 2ND ADDITION90°POB53 +-204.01RECORD - Refers to dimensions in Document Number 11289923, recorded inthe office of the County Recorder, Hennepin County, Minnesota.395
Opp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
illtfry
l k
G No. 7507
ESHO
A RESOLUTION
APPROVING A PRELIMINARY PLAT
OF THE PROPERTY ADDRESSED:
1480 BRACKETTS POINT ROAD, INCLUDING
OUTLOT A AND OUTLOT B, BRACKETTS POINT 2ND ADDITION
FILE NO. LA24-000039
WHEREAS, on July 26, 2024, on behalf of the Owners, George Stickney (hereinafter the
Developer"), applied for preliminary plat approval pursuant to the City Code for the property addressed
1480 Bracketts Point Road, including Outlot A and Outlot B, Bracketts Point 2nd Addition; legally described
as set forth in Exhibit A.
WHEREAS, Parcel 1 is owned by Wayzata Bay LLC; Parcel 2 is owned by Bruce G. Paddock,
Wayzata Bay LLC, Stephen P. Stenehjem and Stacey M. Stenehjem; and
WHEREAS, the Developer represents the owners of the Property; and
WHEREAS, the Developer made an application for preliminary plat approval to rearrange the
boundary lines between Outlot A, Bracketts Point 2nd Addition and Outlot B, Bracketts Point 2nd Addition;
and between Outlot A, Bracketts Point 2nd Addition and 1480 Bracketts Point Road; and
WHEREAS, the vacation of the existing drainage and utility easements on the common boundary
between Outlot A, Bracketts Point 2nd Addition and 1480 Bracketts Point Road is also proposed.
Replacement drainage and utility easements will be dedicated along the new boundary on the Final Plat;
and
WHEREAS, on August 19, 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 August 19, 2024, the Planning Commission recommended approval of the
preliminary plat as applied; and
WHEREAS, on September 9, 2024, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that on September 9, 2024, the City Council of Orono
Minnesota hereby grants preliminary plat approval as described above and depicted on the attached
Exhibit B, based on one or more of the following findings of fact concerning the Property:
1
396
iiLOAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
011111fr' No. 7507
kESHO
FINDINGS OF FACT:
Al. 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 preliminary plat will address an outstanding conflict between the existing Bracketts Point 2nd
Addition outlot configuration and the road alignment.
A3. The preliminary plat will reduce the size of Outlot A, Bracketts Point 2nd Addition, and enlarge the
buildable area of 1480 Bracketts Point Road by the same square footage.
A4. The Property is located in the LR-1A, One Family Lakeshore Residential Zoning District.
A5. The proposed Lots meet the dimensional standards and setbacks established for the LR-1A
district.
A6. No change to the existing site drainage is proposed. No new lots will be created.
A7. The existing tennis court on Outlot A, Bracketts Point 2nd Addition will be removed following the
recording of the Final Plat. The Developer shall coordinate with the City and the Minnehaha
Creek Watershed District for the demolition permit for the tennis court and any additional
required permits.
A8. In considering this application for preliminary plat, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed plat 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.
CONCLUSIONS, ORDER AND CONDITIONS:
NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the
Orono City Council hereby grants approval of the Preliminary Plat and easement vacation, as depicted
on the preliminary plat drawing dated July 15, 2024 prepared by Gronberg and Associates, Inc.,
attached as Exhibit A, subject to the following conditions:
B1.Council approval is based on the entire record, above Findings.
2
397
O.ATp
1\)/ti "
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
4$.
O G1 No. 7507
SH
B2.Any amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
B3.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.
B4.The Developer shall obtain the required permits for the proposed demolition work.
B5.Approval is subject to the dedication of replacement Drainage and Utility Easements on the Plat.
B6.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.
B7.Council approval is based on the entire record, above Findings. Any amendments to the plans
which are not in conformity with City codes may require further Planning Commission and City
Council review.
B8.Authorities granted by this resolution run with the Property not with the owners, but are
permissive only and must be exercised by filing a Final Plat application within one year of the
date of Council approval, or the preliminary plat approvals will expire on that date (September 9,
2025). If Final Plat approval is not granted by that date, the terms and conditions of this
resolution shall be null and void. The City Council at its sole discretion may extend the effective
period of the preliminary plat.
FINAL SUBMITTALS:
Developer shall complete all requirements for Final Plat Approval as follows. The following list of final
submittals must be submitted to the Planning Department at least four (4) weeks prior to the regularly
scheduled Council meeting held on the second and fourth Mondays of the month. These submittals are
as follows:
C1.Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the
City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A
scalable digital copy is also required. Drawing to include:
a. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates, Inc.,
dated July 15, 2024 attached hereto as Exhibit A, except as modified herein.
b. Dedication of"Drainage and Utility Easements" along the relocated interior property line.
3
398
iLCIA/p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1IjIlltoJ No. 7507
EKES i-i
c. Name of plat.
C2.Legal documents required:
a. Title opinion addressed to the City or a title insurance policy in favor of the City issued no
more than 60-days prior to the date of Final Plat approval. All owners, mortgage holders or
others with property interest indicated therein shall sign the plat and all other documents
affected by such interest.
The Developer must provide certified copies of all recorded easements currently affecting the Property.
C3.Financial Guarantee. The Developer shall submit a final plat review escrow in the amount of
2,500.00 with the Final Plat application.
C4.Plat approval fees to be paid: Total due: $550.00
a. Final plat fee: $550.00.
b. Park Dedication Fee: $0
c. Stormwater and Drainage Trunk Fee: $0.
C5.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 9th day of August, 2024.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST
a Olp
Chri Willi, City Clerk
4
399
Op CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7507
gkESHO c
Exhibit A
Legal Description
Parcel 1:
Lot 2, Block 1, BRACKETTS POINT, Hennepin County, Minnesota.
Parcel 2:
Those parts of Outlots A& B, BRACKETTS POINT 2ND ADDITION which lies northeasterly, easterly and
southeasterly of the following described line and its southwesterly extension:
Beginning at a point on the northwesterly line of said Outlot A a distance of 26.00 feet northeasterly from
the most westerly corner of said Outlot A; thence southeasterly to a point on the southwesterly line of
Outlot B, BRACKETTS POINT 2ND ADDITION, said point being the northerly point of the 58.76 foot
segment bearing North 54 degrees 20 minutes West as shown on said plat, thence southwesterly
deflecting right 90 degrees to its intersection with Lake Minnetonka, and said line there ending. Hennepin
County, Minnesota
5
400
Resol No. 7507
Exhibit B
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401
Date: December 9, 2024 Item: 20
Presenter: Laura Oakden, Community Development Director
Section: Community Development Report
Title: LA24-000062, Text Amendment: Sections 78-1 and 78-823 Industrial Uses
- Ordinance 310
1.Purpose:
The City of Orono is proposing an ordinance to amend the Zoning Code to allow “garage condos”
by conditional use permit within the Industrial District.
2.Background:
At the October 2024 Planning Commission meeting, the Planning Commission reviewed an
application for a garage condo business in the Industrial District (I District), staff report. Garage
condos are not listed as a permitted, accessory, or conditional use in the existing code language.
The applicant has withdrawn their application for garage condos until a a text amendment is
adopted.
The City Code lists “inside storage or warehousing” as a permitted use. The garage condos are
considered an intensification of a storage or warehouse use. Garage condos are proposed to be
individually owned and are designed to allow owners to customize and fully build out the units to
include residential facilities with heated floors, and sewer and water serving each unit. Residential
use is not allowed within the Industrial district and is not contemplated for this district within the
comprehensive plan.
Staff recommends that an association is developed to set expectations of use and to address
maintenance of the common/shared improvements such as the drive isles, siding, and roofing,
landscaped, and stormwater areas. Additionally, garage condos in other cities have been used for
gatherings and/or and locations for community events. Orono’s industrial district has limited space
and accessibility which would make large events or gatherings logistically challenging.
Staff has drafted language to list garage condos as a conditional us permit within the industrial
district. The listed conditions include limitation on outdoor parking and storage, prohibits living
in the units, requires an association for managing shared space and requires individual utility
meters.
3.Planning Commission Vote and Comment:
The Planning Commission reviewed the staff report and drafted text amendment on the November
21st , 2024 Planning Commission meeting. The commission was supportive of the drafted text
amendment with one change. There was discussion regarding allowing storage and warehousing
business operations within the garage condo use. Commission make a motion with a 5-0 vote in
favor of the draft text amendments with the change to allow storage and warehousing as an
allowed business operation. One public comment was submitted for the commission to review.
The commission's direction is consistent with the comment to allow some business operations. The
updated text amended is included on the packet item for the councils consideration.
AGENDA ITEM
402
The video of the Planning Commission meeting discussion is available on the city website.
4.Staff Recommendation:
Staff recommends approval of the draft ordinance.
COUNCIL ACTION REQUESTED
Council should make a motion to adopt Ordnance 310 to allow garage condos as a conditional use
permit within the industrial district.
Exhibits
Ex A Draft Ordinance 310.DOCX
Ex B Orono Garages Exterior Elevations.pdf
Ex C Site Plan and Structureal Coverage.pdf
Ex D Landscape Plan.pdf
Ex E Public Comment_ RP...pdf
Ex F DRAFT PC Minutes (November 2024).docx
403
233350v1
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 310
AN ORDINANCE AMENDING SECTIONS 78-1, 78-823, AND ARTICLE V OF THE
CITY CODE REGARDING GARAGE CONDOS
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
SECTION 1. Orono City Code Title VI, Chapter 78, Article I, Section 78-1 is hereby
amended by adding the underlined language as follows:
Farm animals means cattle, horses, mules, sheep, goats, llamas, alpacas, swine, ponies,
ducks, geese, turkeys, chickens or guinea hens.
Garage condo means a building or part of a building consisting of individual units for
indoor storage of motor vehicles, boats, trailers, or recreational vehicles and such items as are
customarily used for the care or upkeep of such motor vehicles, boats, trailers, or recreational
vehicles. Individual units are owned or leased and may be capable of customization, alteration,
or expansion by the owners or tenants of the units. Garage condos may include common spaces
or office areas.
Garage, private, means a detached accessory building or portion of the principal
building, including a carport, which is used for storing passenger vehicles, and trailers.
SECTION 2. Orono City Code Title VI, Chapter 78, Article IV, Section 78-823 is
hereby amended by adding the underlined language and deleting the strikethrough language as
follows:
(a) General provisions. Within the I-Industrial District, no structure or land shall be used
for one or more of the following uses without approval of a conditional use permit. The
following are conditional uses in the I-Industrial District:
[. . .]
(10) Deferment of parking.
(11) Garage condos, provided that:
a. No exterior parking or storage is permitted for a period longer than twenty-four
(24) hours. A parking plan must be provided to demonstrate accessibility to the
site.
b. The premises shall not be used or customized for residential living purposes or
community gatherings or events.
404
233350v1
c. The premises shall not be used for the operation of a business or for retail
purposes, including but not limited to automobile repair. This does not prohibit
minor maintenance, care, or upkeep of motor vehicles, boats, trailers, or
recreational vehicles stored in individual units.
d. The management, use, and customization of the garage condos, including
common areas, and individual units, shall be governed by an association, which
association rules shall place adequate controls to ensure compliance with
applicable city code.
e. The premises shall maintain adequate access to individual units and any
common areas or office space for emergency response and snow removal/storage.
f. The premises shall contain sufficient lighting and/or security measures to deter
or mitigate criminal activity and ensure adequate access for emergency response.
g. Any individual unit that is connected to the city sewer and water system shall
have individual meters.
SECTION 3. This ordinance shall become effective immediately upon its passage and
publication.
ADOPTED this ___ day of October, 2024, by the City Council of the City of Orono,
Minnesota.
CITY OF ORONO
By: __________________________
Dennis Walsh, Mayor
ATTEST:
__________________________
Christine Lusian, City Clerk
405
233350v1
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 310
AN ORDINANCE AMENDING SECTIONS 78-1, 78-823, AND ARTICLE V OF THE
CITY CODE REGARDING GARAGE CONDOS
NOTICE IS HEREBY GIVEN that, on December 9, 2024, Ordinance No. 310 was
adopted by the City Council of the City of Orono, Minnesota.
NOTICE IS FURTHER GIVEN that, due to the lengthy nature of Ordinance No. 310,
the following summary of the ordinance has been prepared for publication and approved by the
City Council as authorized by state law.
NOTICE IS FURTHER GIVEN that, Ordinance No. 310 amends City Code
Sections 78-1, 78-823, and Article V regarding regulation of garage condos.
A printed copy of the whole ordinance is available for inspection by any person during
the City’s regular office hours or on the City’s website.
APPROVED for publication by the City Council of Orono, Minnesota this 9 day of
December, 2024.
CITY OF ORONO
By _____________________________
Dennis Walsh, Mayor
ATTEST:
______________________________
Christine Lusian, City Clerk
406
FIRST FLOOR
EL 100'-0"
T/O WALL
EL 118'-0"
T/O DORMER
EL 124'-3"
DOOR AND OH DOOR
TRIM PAINTED BLACK ,
TYP
MAN DOOR & FRAME
PAINTED BLACK, TYP
OH DOOR PAINTED
BLACK, TYP
HARDIE SMOOTH SURFACE
(CHARCOAL)
4'x8' STUCCO TEXTURE PANEL
(CHARCOAL)
FAUX STONE, MISSION
POINT BY VERSETTA
ASPHALT SHINGLES (BLACK)
FIRST FLOOR
EL 100'-0"
T/O WALL
EL 118'-0"
T/O DORMER
EL 124'-3"
DOOR AND OH DOOR
TRIM PAINTED BLACK ,
TYP
MAN DOOR & FRAME
PAINTED BLACK, TYP
OH DOOR PAINTED
BLACK, TYP
HARDIE SMOOTH SURFACE
PANEL (CHARCOAL)
4'x8' STUCCO TEXTURE PANEL
(CHARCOAL)
FAUX STONE, MISSION
POINT BY VERSETTA
ASPHALT SHINGLES (BLACK)
FIRST FLOOR
EL 100'-0"
T/O WALL
EL 118'-0"
T/O DORMER
EL 124'-3"
HARDIE SMOOTH SURFACE
(CHARCOAL)
4'x8' STUCCO TEXTURE PANEL
(CHARCOAL)
FAUX STONE, MISSION
POINT BY VERSETTA
ASPHALT SHINGLES (BLACK)
763.559.9100
www.vaaeng.com2300 Berkshire Lane N, Suite 200
Plymouth, MN 55441
VAA, LLC
DRAWING NO:PROJECT NO:
DRAWING TITLE:
CLIENT:
PROJECT:
SCALE:
PRELIMINARY
NOT FOR CONSTRUCTION
Date Plotted:AS NOTED
DATE:
DESIGNED:
DRAWN:
ISSUE/REVISIONDATENO.BY
CHECKED:APPROVED:
NOTICE: THE DESIGN SHOWN AND DESCRIBED HEREIN INCLUDING ALL TECHNICAL
DRAWINGS, DETAILS, DEVELOPMENTS, GRAPHICS AND MODELS THEREOF, ARE THE
EXCLUSIVE PROPERTY OF VAA, LLC, AND CAN'T BE COPIED, DUPLICATED, REPRODUCED
OR COMMERCIALLY EXPLOITED, IN WHOLE OR IN PART, NOR CAN ANY DERIVATIVE WORK
BE MADE UNLESS EXPRESSLY AUTHORIZED IN WRITING BY VAA, LLC.
COPYRIGHT VAA, LLC 2024 - ALL RIGHTS RESERVED.
TRAVIS R. BECK, Architect, NCARB 41400
9/26/2024 1:47:14 PMA-A201
EXTERIOR ELEVATIONS
ORONO GARAGE CONDOS
430 OLD CRYSTAL BAY RD
ORGONO, MN 55356
ROBERT L. PAGE
5840 CLUB VALLEY RD
SHOREWOOD,MN 55331
240776
09/27/24
KCL
KYV
KCL ---
1/8" = 1'-0"A-A201
EAST ELEVATION2
1/8" = 1'-0"A-A201
WEST ELEVATION1
1/8" = 1'-0"A-A201
SOUTH ELEVATION (NORTH ELEVATION SIM)3
A 09-26-24 ISSUE FOR OWNER'S USE KYV
EAST & WEST ELEVATIONS OF MIDDLE BUILDINGS
WEST ELEVATION OF BUILDING ALONG OLD CRYSTAL BAY
NORTH & SOUTH ELEVATIONS OF MIDDLE BUILDINGS
FAUX STONE, MISSION
POINT BY VERSETTA
407
408
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C1.0
NOT FOR CONSTRUCTIONC1.0ORONO GARAGE CONDOSSITE PLANCOVER SHEET09/18/2024
24015 LEHMRHSITE PLAN
LOT 1, BLOCK 1, CRYSTAL BAY BUSINESS CENTER
HENNEPIN COUNTY, STATE OF MINNESOTA
SHEET INDEX
C1.0 COVER SHEET
C2.0 EXISTING SITE & DEMO
C3.0 PROPOSED SITE PLAN
C3.1 PROPOSED UTILITY PLAN
C4.0 PRELIMINARY GRADING & EROSION CONTROL PLAN
C5.0 - C5.2 CONSTRUCTION DETAILS
CONTACT LIST
OWNER
ORONO GARAGE CONDOS
5840 CLUB VALLEY ROAD
SHOREWOOD, MN 55331
(952) 200-6384
CONTACT: DAVE RAMSEY, ROB PAGE
CIVIL ENGINEER
HAGSTROM ENGINEERING
219 6TH AVENUE E
ALEXANDRIA, MN 56308
320-759-0764
CONTACT: MATT HAGSTROM
SITE
OLD CRYSTAL BAY RD NWAYZATA BLVD
WILLOW DRIVE NSTATE HWY 12
409
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
PROPOSED IFC TURNAROUND AT ENTRANCE
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 22.0' EASEMENT
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'20.0' SETBACK
35.0' SETBACK
35.0' SETBACK
EX. 8" WATER MAIN
EX. 8" WATER STUB
EX. 8" WATER STUB
10.0' SETBACK
EX. SAN MH WITH 8" MAIN
EX. 8" SAN.
EX. BOUNDARY
EX. BOUNDARY
EX. 60.0' ROW
EX. 66.0' ROW
EX. STORM SEWER
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C2.0
NOT FOR CONSTRUCTIONC2.0ORONO GARAGE CONDOSSITE PLANEXISTING SITE AND DEMO PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
LEGEND
EXISTING STORM SEWER
EXISTING SANITARY SEWER W/ MH
EXISTING WATER LINE AND VALVE
TO REMAIN
TO BE REMOVED
EXISTING LIGHT POLE
EXISTING POWER POLE
EXISTING GAS LINE
EXISTING COMMUNICATION LINE
EXISTING ELECTRIC LINE AND BOX
EXISTING CABLE TV LINE
EXISTING FIBER LINE
EXISTING R.O.W.
EXISTING LOT LINE
PROPERTY LINE
EXISTING CATCH BASIN
EXISTING STORM INLET
CONSTRUCTION PHASE LINE
T.R.
T.B.R
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES
PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES.
2.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.P:\24015_Orono Car Condo's\CAD\CD's\24015_C2.0-Existing Site & Demo.dwg, 9/18/2024 12:14:21 PM, 1:1, LEH410
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 10.0' EASEMENT
EX. 22.0' EASEMENT
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'20.0' SETBACK
35.0' SETBACK
35.0' SETBACK
10.0' SETBACK
EX. BOUNDARY
EX. BOUNDARY
EX. 60.0' ROW
EX. 66.0' ROW
40.0'
50.0'
50.0'50.0'
20.0'20.0'
4.0' CONCRETE
APRON (TYP)
40.0'
240.0'
20.0'20.0'
46.0'
275.0'275.0'
92.0'
92.0'
275.0'
275.0'260.0'
3.0' CONCRETE
PAN (TYP)
32.0'
R25.0'
R20.0'
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10
19.5'
ASPHALT
14.5'
ASPHALT
20.0'
20.0'
31.0'
31.0'31.0'
24.0'24.0'
31.0'
24.0'
31.0'
24.0'
20.0'
20.0'
PROPOSED IFC TURNAROUND AT ENTRANCE
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C3.0
NOT FOR CONSTRUCTIONC3.0ORONO GARAGE CONDOSSITE PLANPROPOSED SITE PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES
PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES.
2.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
LEGEND
EXISTING STORM SEWER,
MANHOLE, F.E.S. AND INLET
PROPOSED STORM SEWER,
MANHOLE, F.E.S. AND INLET
EXISTING ROW
PROPOSED ROW
EXISTING LOT LINE
PROPOSED LOT LINE
PROPERTY BOUNDARY
PROPERTY SETBACK
EXISTING EASEMENT
PROPOSED EASEMENT
P:\24015_Orono Car Condo's\CAD\CD's\24015_C3.0-Proposed Site Plan.dwg, 9/18/2024 12:15:22 PM, 1:1, LEH411
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADMNDOT RIGHT OF WAY PLAT NO 27-129SWSWSWSWSWSWSWSWSWSWSWSWWSWSWSWSWSWSWSWSWSWSWSWSWSSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSW SWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWWWSSPROPOSED IMPROVEMENTS SHOWN AS EXISTING
S89°43'30"E 1,898.43'N00°16'00"E 1,898.43'N
5
5
°
2
3
'
0
7
"
W
1
,
8
9
8
.
4
3
'
N89°11'02"W 1,898.43'S00°14'12"W 1,898.43'EX. BOUNDARY
EX. BOUNDARY
CONNECT TO EX. SAN MH
CONNECT TO EX. 8" WATER
PROPOSED 8" SAN (TYP)
BUILDING 1
BUILDING 2
BUILDING 3 BUILDING 4 BUILDING 5
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10 11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
10
PROPOSED 4" SANITARY SERVICE (TYP)
PROPOSED 1" WATER SERVICE (TYP)
STD. FIRE HYD. ASSEMBLY
4' MANHOLE (TYP)
EX. WATER (TYP)
EX. STORM SEWER (TYP)
PROPOSED STORM SEWER
PROPOSED 8" WATER (TYP)
PROPOSED 8" WATER (TYP)
4' MANHOLE (TYP)
PROPOSED 4" SANITARY SERVICE (TYP)
PROPOSED 1" WATER SERVICE (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C3.1
NOT FOR CONSTRUCTIONC3.1ORONO GARAGE CONDOSSITE PLANPROPOSED UTILITY PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL EXISTING UTILITIES
PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER WITH ANY DISCREPANCIES.
2.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
LEGEND
EXISTING STORM SEWER,
MANHOLE, F.E.S. AND INLET
PROPOSED STORM SEWER,
MANHOLE, F.E.S. AND INLET
EXISTING ROW
PROPOSED ROW
EXISTING LOT LINE
PROPOSED LOT LINE
PROPERTY BOUNDARY
PROPERTY SETBACK
EXISTING EASEMENT
PROPOSED EASEMENT
PROPOSED SANITARY SEWER W/ MH
EXISTING SANITARY SEWER W/ MH
PROPOSED UNDERDRAIN AND CLEANOUT
PROPOSED WATER LINE, VALVE AND
FIRE HYDRANT
EXISTING WATER LINE AND VALVE
PROPOSED WATER SERVICE W/ METER
PROPOSED SANITARY SERVICE
EXISTING GAS LINE
EXISTING OVERHEAD ELECTRIC
EXISTING ELECTRIC
EXISTING CABLE TV
EXISTING FIBER OPTIC
EXISTING TELEPHONE
EXISTING IRRIGATION
CAUTION! UTILITY CROSSING
LOWERING MAY BE REQUIRED
EXISTING LIGHT POLE
PROPOSED LIGHT POLEWSS
412
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
DEVELOPMENT
PROPOSED IMPROVEMENTS SHOWN AS EXISTING
EX. BOUNDARY
EX. BOUNDARY
1026102510271025
1024
1022
102110201024102510241
0
2
3
1022
1021
1024
10251026
1027
102610261025
1026
1026102610251025 1023
1020
1027 10261028
1026102
6
1
0
2
71027
102610291027102710261
0
2
0
1
0
2
1
1020
1018
1019
1016
1020 1018
1015 1014101810191021102210231023102510241026
1025.51 HP
1025.
4
7
1025.
2
8
1024.
7
5
1024.
0
4
1023.
3
3
1023.
2
0
1025.
4
4
1025.
2
8
1024.72 1024.
0
1
1023.
3
0
1023.
1
8
PROPOSED
BUILDING 1
FFE = 1026.62
PROPOSED
BUILDING 2
FFE = 1026.62
PROPOSED
BUILDING 3
FFE = 1026.13
PROPOSED
BUILDING 4
FFE = 1025.42
PROPOSED
BUILDING 5
FFE = 1024.71
1025.97 ME 1025.60 ME
1026.62 TOC
1026.54 TOC
1026.54 TOC
1026.62 TOC
1026.62 TOC
1026.54 TOC
1026.54 TOC
1026.62 TOC
1026.62 TOC
1026.54 TOC
1026.54 TOC
1026.62 TOC 1026.13 TOC
1026.05 TOC
1026.05 TOC
1026.13 TOC 1026.13 TOC
1026.05 TOC 1025.34 TOC
1025.42 TOC
1026.13 TOC
1026.05 TOC 1025.34 TOC
1025.42 TOC 1025.42 TOC
1025.34 TOC 1024.63 TOC
1024.71 TOC
1025.42 TOC
1025.34 TOC 1024.63 TOC
1024.71 TOC
4.4%
3.3%
4.2%
3.6%
4.5%
5.2%
4.3%
5.4%
8.0%
3.6%
3.0%
8.2%
7.3%
4.4%
4.2%
8.1%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%0.5%
2.0%
2.0%
2.0%
2.0%
2.0%2.0%
2.0%
2.0%2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%10.0%10.0%
10.0%
10.0%10.0%25.0%25.0%
25.0%25.0%1020102424.4%33.0%33.1%10.1%38.3%29.6%22.4%2.1%2.1%2.1%2.1%2.1%2.1%8.6%10.4%
2.2%2.1%2.1%2.1%2.1%2.1%3.8
%1.0%IP-A
SF
SF
SF
SF
SF
IP
IP
VTC
CWA
102
2
1021
29.6%31.4%2.1%2.1%2.1%ECB
ECB
4.5%2.0%
1026.10 HP
2.0%2.0%
1024.80 HP
5.6%2.0%
1024.09 HP
5.6%2.0%
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C4.0
NOT FOR CONSTRUCTIONC4.0ORONO GARAGE CONDOSSITE PLANPROPOSED GRADING & EROSIONCONTROL PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
GRADING NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.ALL ELEVATIONS ARE FLOWLINE UNLESS OTHERWISE NOTED
4.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
5.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
6.SEE SHEET C5.0 FOR CONSTRUCTION DETAILS.
LEGEND
EXISTING 1' AND 5' CONTOURS
PROPOSED 1' AND 5' CONTOURS
PROPOSED SPOT ELEVATION
FLOW DIRECTION & GRADE
FINISHED FLOOR ELEVATION
MATCH EXISTING
TOP OF CONCRETE
HIGH POINT
TOP OF WALL
BOTTOM OF WALL
LIMITS OF DISTURBANCE
SILT FENCE
1,000 LF
CURB INLET PROTECTION
2 EA
AREA INLET PROTECTION
1 EA
VEHICLE TRACKING CONTROL
1 EA
EROSION CONTROL BLANKET
550 SY
CONCRETE WASHOUT AREA
1 EA
FFE
ME
TOC
HP
TOW
BOW
1432.
3
1431
1430
1431
1430
2.00%
EROSION CONTROL NOTES:
1.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
2.SEE SHEET C5.0 FOR BMP DETAILS AND BMP MAINTENANCE NOTES.
3.THE CONTRACTOR SHALL PERFORM STREET SWEEPING AT THE END OF EACH WORK
DAY TO MITIGATE ANY SOIL ON PERIMETER STREETS.
4.THE CONTRACTOR SHALL INSPECT THE BMP'S WEEKLY OR AFTER ANY SIGNIFICANT
RAIN EVENT AND REPAIR BMP'S AS REQUIRED.
5.STOCKPILE AND STAGING LOCATION TO BE APPROVED BY ENGINEER.
6.ALL DISTURBED AREAS THAT ARE NOT HARDSCAPED SHALL RECEIVE PERMANENT
SEEDING PER THE OWNER.
7.SEE SWPPP DOCUMENT BY HAGSTROM ENGINEERING FOR SEEDING, INSPECTION,
AND MAINTENANCE REQUIREMENTS. .
SF
IP
IP-A
VTC
CWA
ECB
P:\24015_Orono Car Condo's\CAD\CD's\24015_C4.0-Proposed Grading & Erosion Control Plan.dwg, 9/18/2024 3:34:50 PM, 1:1, LEH413
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C5.0
NOT FOR CONSTRUCTIONC5.0ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRHHEAVY DUTY BITUMINOUS PAVEMENT SECTION*
N.T.S.
2" WEAR COURSE MIXTURE SPWEA340C
2" NON-WEARING COURSE MIXTURE SPNWA340C
10" AGGREGATE BASE CLASS 5
TACK COAT PER MNDOT 2357
COMPACTED SUBGRADE
3.00'
6"
1"
CONCRETE V-PAN DETAIL
N.T.S.
* PAVEMENT SECTION BASED ON RECOMMENDATION OF GEOTECHNICAL
ENGINEER. FINAL APPROVAL OF PAVEMENT SECTION PER OWNER.
DEFINITION
A DESIGNATED, SHALLOW EXCAVATION WITH A PERIMETER
BERM, SILT FENCE, AND VTC, DESIGNED FOR CONCRETE
WASHOUT OPERATIONS.
PURPOSE
TO CONTAIN WASTE FROM CONCRETE TRUCKS, SMALL
BATCH CONCRETE MIXERS, PUMP TRUCKS, AND OTHER
WASHOUT OPERATIONS.
8'x8' MIN.
3:13:1
9' MIN.
1' MIN.
8'x8' MIN.9' MIN.
3:1 3:1
1' MIN.
2%
VEHICLE TRACKING
CONTROL. SEE
DETAIL VTC.
VEHICLE TRACKING
CONTROL. SEE
DETAIL VTC
SILT FENCE AROUND
EARTH BERM. SEE
DETAIL SF.
SILT FENCE AROUND
EARTH BERM. SEE
DETAIL SF.
3' MIN.
EXISTING
GRADE
COMPACTED
EMBANKMENT
MATERIAL
CONSTRUCTION
SIGN (MANDATORY)
CONCRETE WASHOUT AREA
N.T.S.
CWA
INSTALL POLY LINER
DEFINITION
A TEMPORARY SEDIMENT BARRIER PLACED ON-GRADE.
PURPOSE
TO INCREASE SEDIMENTATION FROM SEDIMENT LADEN
RUNOFF AND SLOW THE VELOCITY OF STORM RUNOFF.
NOTES
1.SEE DETAIL CS FOR ROCK SOCKS USED IN CURB FLOW LINE.
2.SEE DETAIL IP FOR ROCK SOCKS (CURB SOCK) USED AS ON-GRADE CURB INLET PROTECTION.
3.SEE DETAIL IP-A FOR ROCK SOCKS USED AS SUMP CURB INLET PROTECTION.
4.SEE DETAIL RCS FOR ROCK SOCKS USED AS ROUGH CUT STREET CONTROL.
5.SEE DETAIL CP FOR ROCK SOCKS USED AS CULVERT PROTECTION
JOINT DETAIL
VARIABLE
LENGTH
10" OR 4"
WIRE TIE ENDS
3/4" GRAVEL IN
1/4" WIRE MESH
12"12"
ANY GAP AT JOINTS SHALL BE FILLED
WITH AN ADEQUATE AMOUNT OF 3/4"
GRAVEL WRAPPED WITH 1/4" WIRE
MESH SECURED TO ENDS OF ROCK
SOCK.
ROCK SOCK
N.T.S.
RS
P:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:30:15 PM, 1:1, LEH414
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C5.1
NOT FOR CONSTRUCTIONC5.1ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRHP:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:29:59 PM, 1:1, LEH415
Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
C5.0C5.2
NOT FOR CONSTRUCTIONC5.2ORONO GARAGE CONDOSSITE PLANCONSTRUCTION DETAILS09/18/2024
24015 LEHMRHP:\24015_Orono Car Condo's\CAD\CD's\24015_C5.0-Construction Details.dwg, 9/18/2024 3:29:45 PM, 1:1, LEH416
ORONO INDUSTRIAL BOULEVARD
OLD CRYSTAL BAYROADBLOCK 1
LOT 1
MNDOT RIGHT OF WAY PLAT NO 27-129
TEMPUS ORONO LLC
PID: 3311823130020 METRO STORAGE
ORONO LLC
PID: 3311823130019
WJM PROPERTIES LLC
PID: 3311823130015
ORONO PRESERVE
RESIDENTIAL
DEVELOPMENT
EX. BOUNDARY
EX. BOUNDARY
10261025
1024
1022
102110201024102510241
0
2
3
1021
1024
10251026
102610261026
1026102610251025 1023
1020
PROPOSED
BUILDING 1
PROPOSED
BUILDING 2
PROPOSED
BUILDING 3
PROPOSED
BUILDING 4
PROPOSED
BUILDING 5
102410.0' GRASS BUFFER PROPOSED TREES (TYP)PROPOSED CONIFERS (TYP)
PROPOSED SHRUBS (TYP)PROPOSED PONDNATIVE GRASS (TYP)
10.0' GRASS BUFFER
10.0' GRASS BUFFER
NATIVE GRASS (TYP)
NATIVE GRASS (TYP)
NATIVE GRASS (TYP)
PROPOSED CONIFERS (TYP)
ROCK (TYP)
ROCK (TYP)
8.0' (TYP)
8.0' (TYP)
8.0' (TYP)
8.0' (TYP)
16.0' (TYP)
16.0' (TYP)
STAGGER CONIFERS &
TREES AS SHOWN (TYP)
16.0' (TYP)
16.0' (TYP)
16.0' (TYP)
16.0' (TYP)
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
L1.1L1.0
NOT FOR CONSTRUCTIONL1.0ORONO GARAGE CONDOSSITE PLANPROPOSED LANDSCAPE PLAN09/18/2024
24015 LEHMRH0
SCALE: 1" =
ORIGINAL GRAPHIC SCALE
15 30 60
30'
NOTES:
1.CONTRACTOR SHALL FIELD VERIFY SIZE AND LOCATION OF ALL
EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE
ENGINEER WITH ANY DISCREPANCIES.
2.CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL NECESSARY
CONSTRUCTION STAKING.
3.INSTALL PERIMETER BMP'S PRIOR TO ANY CONSTRUCTION.
4.ALL TREES AND TREE ROOT ZONES OUTSIDE OF THE LIMITS OF
CONSTRUCTION SHALL NOT BE DISTURBED.
5.SEE SHEET C5.0 FOR CONSTRUCTION DETAILS.
LEGEND
PROPOSED 1' AND 5' CONTOURS
PROPOSED TREE
PROPOSED SHRUB
PROPOSED CONIFER
1431
1430
TREES TYPE CONT QTY
Shade Trees 1.5" to 2.0"18
Ornamental 1.0"17
SHRUBS CONT QTY
Small Coniferous Shrubs 18" - 24"27
Small Deciduous Shrubs 27
CONIFERS CONT QTY
Coniferous Tree 4' - 6'85
GROUND COVERS CODE BOTANICAL / COMMON NAME CONT SPACING QTY
NATIVE GRASSES / Filter Strip Mix
Shooting Star Native Seed or approved equal Seed 35,550 S.F.
ROCK 3/4" River Rock / 3/4" River Rock ---3,100 S.F.
GRASS BUFFER Poa pratensis / Kentucky Bluegrass ---5,760 S.F.
Large Deciduous Tree 2' - 4'18
18" - 24"
TYPE
TYPE
SUM OF TREES
QTY
192
P:\24015_Orono Car Condo's\CAD\CD's\24015_L1.0-Proposed Landscape Plan.dwg, 9/30/2024 10:35:28 AM, 1:1, LEH417
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM
A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNATURE: __________________________________________TYPED OR PRINTED NAME: MATTHEW R. HAGSTROM
DATE: 09/18/2024 LICENSE NUMBER: 50731 Designed By:Date:
Job No.:
FOR AND ON BEHALF OF
HAGSTROM ENGINEERING PLLC
Checked By:811
CALL 2 BUSINESS DAYS IN ADVANCE BEFORE
YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER
UTILITIES.
CALL GOPHER STATE ONE CALL
BENCHMARK:ByDateDescription of RevisionsNo.Sheet of
D
C
B
A
54321
219 6TH AVENUE EAST
ALEXANDRIA, MN 56308
P.320.759.0764
WWW.HAGSTROMENG.COM
HAGSTROM
ENGINEERING
CIVIL ENGINEERS | LAND CONSULTANTS
CAUTION: IF THIS SHEET IS NOT 24"X36" IT IS A REDUCED PRINT
L1.1L1.1
NOT FOR CONSTRUCTIONL1.1ORONO GARAGE CONDOSSITE PLANLANDSCAPE DETAILS09/18/2024
24015 LEHMRHPLANTING NOTES:
1.THE LANDSCAPE CONTRACTOR SHALL LOCATE ALL EXISTING UTILITIES WITHIN THE LIMIT OF WORK AND IS RESPONSIBLE FOR ANY DAMAGE AS A RESULT OF THE LANDSCAPE
CONSTRUCTION.
2.ALL TREE AND SHRUB LOCATIONS ARE TO BE STAKED ON SITE FOR APPROVAL BY THE CONSULTANT PRIOR TO INSTALLATION.
3.SUBSTITUTIONS: THE CONSULTANT SHALL APPROVE ANY SUBSTITUTION.
4.DO NOT PRUNE PLANTS UNLESS DIRECTED TO DO SO BY THE CONSULTANT.
5.CONTAINER STOCK IS PREFERRED FOR ALL PLANTS. IF CONTAINER STOCK IS NOT AVAILABLE FOR TREES, THEN ALL B&B PLANT MATERIAL SHALL HAVE ALL WIRE, TWINE, OR OTHER
CONTAINMENT MATERIAL, EXCEPT FOR 100% HEMP BURLAP, REMOVED FROM THE TRUNK AND ROOT BALL OF THE PLANT PRIOR TO PLANTING. REMOVE THE TOP 2/3 OF THE HEMP
BURLAP AFTER PLACING PLANT IN THE PIT.
6.PLANTING SOIL FOR ALL PLANTING AREAS:
a.DO NOT STORE BULK MATERIALS NEAR STRUCTURES, OVER EXISTING PLANTING, OVER UTILITIES, WALKWAYS AND PAVEMENTS.
a.PROVIDE EROSION CONTROL MEASURES TO PREVENT DISPLACEMENT OF BULK MATERIALS, DISCHARGE INTO WATERWAYS OR SEWERS, AND AIRBORNE DUST.
b.PREPARING PLANTING AND SEEDING AREAS; SPREADING SOIL SHALL BE COMPLETED BY THE LANDSCAPE CONTRACTOR AND SUPERVISED BY THE GENERAL CONTRACTOR SO THAT
GRADES ARE MET AS NOTED ON THE GRADING PLANS.
c.PLANTING SOIL DEPTH SHALL BE A MINIMUM OF SIX (6) INCHES IN ALL LANDSCAPE BEDS.
d.ALL PLANTING AREA SOIL SHALL BE 2-WAY (60% SAND, 40% COMPOST) TOPSOIL FROM AN APPROVED SOURCE. PROVIDE A 1-QUART SAMPLE FOR APPROVAL PRIOR TO IMPORTING
ANY SOIL. TOPSOIL NOT MEETING INDUSTRY STANDARDS FOR COMPOSITION AND NUTRIENTS SHALL BE REJECTED.
e.APPLY 2 INCHES OF APPROVED PLANTING SOIL OVER PREPARED SUBGRADE AND TILL INTO TOP 4 INCHES OF SUBSOIL. INSTALL REMAINING PLANTING SOIL TO A MINIMUM OF 4
INCHES SO THE TOTAL MINIMUM DEPTH OF NEW PLANTING SOIL IN NO LESS THAN 8 INCHES. ROLL AND RAKE SMOOTH. ENSURE NO ROCKS OR OTHER DEBRIS EXCEEDING 3 INCHES
IN DIAMETER REMAIN.
f.IF PREPARED SOIL OR PREPARED SUBGRADE IS RE-COMPACTED, RESTORE AS DIRECTED BY THE CONSULTANT.
9.INSTALL ROCKS IN ALL PLANTING BEDS TO A DEPTH OF 3 INCHES.
10.ROCKS SHALL NOT BE ABOVE OR MORE THAN 1/2 INCH BELOW ADJOINING SURFACE. MULCH SHALL BE HELD BACK 2-3 INCHES FROM THE STEMS AND TRUNKS OF PLANTS.
11.DURING PLANTING OPERATIONS, KEEP ADJACENT PAVING AREAS CLEAN AND PROTECTED FROM DAMAGE. WORK AREA SHALL BE KEPT CLEAN AND ORDERLY.
12.REMOVE NURSERY TAGS AND STAKES.
13.WARRANTY: INSTALLER AGREES TO WARRANTY PLANTING THAT FAILS IN MATERIALS, WORKMANSHIP OR GROWTH WITHIN A WARRANTY PERIOD OF 12 MONTHS FROM THE DATE OF
PLANTING COMPLETION.
14.PLANT SYMBOLS SHALL DICTATE PLANT COUNT.
15.ALL LANDSCAPING SHALL BE PLANTED AND MAINTAINED IN A LIVING CONDITION BY THE CONTRACTOR UNTIL FINAL OWNER ACCEPTANCE.
16.IRRIGATION TO BE DESIGN BUILD BY IRRIGATION CONTRACTOR IF DESIRED BY OWNER. NOT PART OF THIS CONTRACT.
1" = 1'-0"
TREE SINGLE STAKE PLANTING
SHRUB AREAS.
PLANTING AT
STAKING DETAILPLANT PIT DETAIL
TURF AREAS.
PLANTING AT
FX-PL-FX-TREE-022 TREE ON SLOPE - UNMODIFIED SOIL
1/2" = 1'-0"
Native soil.
Round-topped soil
berm 4" high x 8" wide
above root ball surface shall
be centered on the downhill
side of the root ball for 240°.
Berm shall begin at root ball
periphery.
Finished grade.
Bottom of root ball rests on
existing or recompacted soil.
SECTION VIEW
Original slope should pass
through the point where the
trunk base meets
substrate/soil.
Prior to mulching, lightly tamp
soil around the root ball in 6"
lifts to brace tree. Do not over
compact. When the planting
hole has been backfilled, pour
water around the root ball to
settle the soil.
Loosened soil. Dig and turn
the soil to reduce the
compaction to the area and
depth shown.
4" layer of mulch. No more
than 1" of mulch on
top of root ball.
Slope sides of loosened soil.
3x widest dimension of root ball
SLOPE 5% (20:1) TO 50% (2:1)
3
P:\24015_Orono Car Condo's\CAD\CD's\24015_L1.0-Proposed Landscape Plan.dwg, 9/30/2024 10:35:15 AM, 1:1, LEH418
From:Rob Page
To:Laura Oakden
Cc:David Ramsay; Ross Hedlund
Subject:Re: Industrial Text Amendment Language
Date:Thursday, November 14, 2024 4:30:19 PM
Hi Laura,
We’d like to submit that the word “or” be stricken from Section c. The language would read as
follows:
c. The premises shall not be used for the operation of a business for retail purposes,
Thanks.
On Thu, Nov 14, 2024 at 3:58 PM Laura Oakden <loakden@oronomn.gov> wrote:
Hi Rob,
I have been away from my phone but I wanted to follow up about the garage condos. Do
you have any comments you would like to submit to the planning commission for
consideration?
Thanks,
Laura Oakden
Community Development Director
City of Orono
Direct: 952-249-4602
2750 Kelley Parkway, Orono, MN 55356
www.oronomn.gov
From: Rob Page <robertlouis.page@gmail.com>
Sent: Thursday, November 14, 2024 9:11 AM
To: Laura Oakden <loakden@oronomn.gov>
419
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 Jon Ressler, Ted
Schultze, Bob Erickson, and Mark McCutcheon (arrived at 6:41 p.m.). Commissioners Scott Kirchner and
Gary Kraemer were absent.
Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City
Planner Matthew Karney.
5.6.LA24-000062, TEXT AMENDMENT: SECTIONS 78-1 AND 78-823 INDUSTRIAL USES
The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and
approve a text amendment listing garage condos as conditional uses in the industrial district and providing
conditions and requirements for the use.
The Planning Commission discussed the item and asked questions of staff.
Chair Bollis opened the public hearing at 7:58 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 7:58 p.m.
Commissioners asked about restrictions on commercial use noting that they would not want a garage
condo to become a commercial retail-front but recognized that businesses may utilize a condo for storage
of vehicles. Staff explained the restriction is intended that a business could not operate out of a unit or
receive mail or deliveries. Commissioners suggested operating a business should be defined so it would
be clear that businesses could use the garage condos for things like storage and warehousing.
Ressler moved, McCutcheon seconded, to approve LA24-000062, Text Amendment: Sections 78-1
and 78-823 Industrial Uses as drafted, incorporating feedback to add storage and warehousing
options to Letter C. VOTE: Ayes: 5, Nays 0.
VOTE: Ayes: 5, Nays 0.
420