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HomeMy WebLinkAbout02-24-2025 CC Agenda PacketAgenda City Council Meeting Monday, February 24, 2025, 6:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov 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 and the item will be removed from the consent agenda for separate discussion and action. 1. City Council Minutes 2. Claims/Bills 3. Upcoming Work Session Schedule 4. 2024 Fund Transfers 5. Resignation and Recruitment - Public Works Maintenance Worker 6. Rehabilitation of Lift Stations 4 and 27 7. Street Improvements - Brown Road N (25-002) - Award 8. Engagement of Legal Defense Services 9. Seasonal Weight Restrictions - Resolution 7557 10. Purchase Office Furniture 11. Appoint Seasonal Employee 2025 Public Comments - (limit 3 minutes per person) This is an opportunityfor the public to address the City Council. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. The council will first open the podium to city of Orono residents before opening the podium to any member of the public wishing to address the council. Attorney Report City Administrator/Engineer Report 12. Council Code of Conduct Mayor/Council Report Closed Session 13. Annual Performance Review of the City Administrator Adjournment Upcoming Events Feb 24 City Council Feb 26 Presentation - preventing falls @ Gillespie Center Mar 4 Candidate Filing Opens Sign up for email notifications at oronomn.gov Mar 10 Eyewear service @ Gillespie Center Mar 10 City Council Mar 11 Foot care @ Gillespie Center Mar 17 Planning Commission Mar 18 Candidate Filing Closes Mar 28 Voting opens Apr 8 Foot care @ Gillespie Center Apr 14 City Council Apr 19 Clean Up Day Apr 21 Planning Commission Sign up for email notifications at oronomn.gov K AGENDA ITEM Date: February 24, 2025 Title: City Council Minutes Presenter: Christine Lusian, City Clerk Section: Consent Agenda Purpose: The purpose of this item is to approve the City Council meeting minutes. 2. Staff Recommendation: Approve the City Council work session and regular meeting minutes. COUNCIL ACTION REQUESTED Approve the City Council work session and regular meeting minutes of February 10, 2025. Exhibits A. 02-10-2025 CC Minutes - work session B. 02-10-2025 CC Minutes Item: 1 3 Minutes City Council Work Session Monday, February 10, 2024, 5:00 PM City Council Chambers 12780 Kelley Parkway, Orono, MN 55356 ROLL CALL City Council members present: Mayor Bob Tunheim, City Council Members Alisa Benson, Claire Berrett, Jacqueline Ricks. Absent: Steve Persian. Staff present: City Administrator Adam Edwards and City Clerk Christine Lusian. COUNCIL CODE OF CONDUCT Administrator Edwards introduced the item of drafting a council team code of conduct. The group discussed conflicts of interest, social media use, values statement, respect, discourse, active listening, and private use of telecommunications during a public meeting, and a process for complaints or concerns. Members expressed pride in reaching consensus on this and directed staff to bring an updated council code of conduct to the Feb 24 meeting for review and approval. ADJOURNMENT Work session ended at 5:36 p.m. ATTEST: CITY COUNCIL Christine Lusian, City Clerk Bob Tunheim, Mayor 4 Minutes City Council Regular Meeting Monday, February 10, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Mayor Tunheim called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. ROLL CALL Orono City Council members present: Mayor Bob Tunheim, City Council Members Alisa Benson, Steve Persian, Jacqueline Ricks and Claire Berrett. Members absent: None Staff present were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards, and Parks Superintendent Joe Ruthenberg. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Benson moved, Ricks seconded, to approve the Agenda as submitted. VOTE: Ayes 5, Nays 0. CONSENT AGENDA 1. City Council Minutes 2. Claims/Bills 3. Work Session Schedule 4. Donation to Lurton Dog Park - Resolution 7553 5. Planning Commission Appointments — Resolution 7555 6. Accept Resignation of Police Officer 7. Technology Improvements to the Police Department 8. Safety Improvements to the Police Department 9. Architecture Design for Public Works Commodities Yard (24-035) This item was removed from the Consent Agenda Berrett moved, Benson seconded, to approve the Consent Agenda with item 9 removed. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Jay Nygard for Kendall Nygard, 1386 Rest Point Rd; Nancy Brantingham, 3185 County Road 6; Holly Wellman, 105 Oak St.; Janie Delaney, 1315 Woodhill Ave.; Kelly Prchal 705 Watertown Rd; Ritchie Anderson, 3205 Crystal Bay Rd.; Jay Nygard, 1386 Rest Point Rd; and Kelly Grady, Long Lake; provided comments. 9. Architecture Design for Public Works Commodities Yard (24-035) Edwards explained this item is for the design portion of commodities (such as salt) storage for the public works building. Ricks noted the City is looking at moving in a different direction for a less expensive structure than originally planned. Page 1 of 3 Minutes City Council Regular Meeting Monday, February 10, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Benson said her concern was for the scale of the project and the cost and keeping the City Council informed through the process. The Council discussed the item. asked questions of staff and allowed comments from the public. Berrett moved, Benson seconded, to accept the Oertel proposal for design. VOTE: Ayes 5, Nays 0. PARKS AND FACILITIES REPORT 10. Purchase Equipment —Floor Cleaning Units The City Council is requested to review the Staff recommendation for three floor cleaning units of various sizes that can be used throughout the City and discuss and approve the purchase. Three bids were received. The Council discussed the item and asked questions of staff. Persian moved, Benson seconded, to approve the quote from Factory Motor Parts for $40,601.54. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR/ENGINEER REPORT 11. Add Special Election Provision to City Code — Ordinance 307 The City Council is requested to review the Staff report, receive a presentation, and discuss and approve an ordinance amendment establishing the ability to call a special election. The Council discussed the item and asked questions of staff. Benson moved, Ricks seconded, to adopt Ordinance 307 amending the code of ordinances providing for special elections to fill certain vacancies in elected offices at times other than the regular city general election and to approve publishing a summary. VOTE: Ayes 5, Nays 0. 12. Call for a Special Election — Resolution 7554 The City Council is requested to review the Staff report, receive a presentation, and discuss Resolution 7554 calling a special election. The Council discussed the item, asked questions of staff, and allowed comments from the public. Benson moved, Persian seconded, to adopt Resolution 7554 calling a special election to be held May 13, 2025 to fill a vacancy on the City Council. VOTE: Ayes 4, Nays 1 (Berrett). CITY ATTORNEY REPORT None. Page 2 of 3 Minutes City Council Regular Meeting Monday, February 10, 2025, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 COUNCIL COMMITTEE REPORTS None MAYOR/COUNCIL REPORT Mayor and Council provided reports. ADJOURNMENT Benson moved, Ricks seconded, to adjourn the meeting at 7:40 p.m. to Monday, February 24, 2025 at 6:00 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor Minutes approved by Orono City Council February 24, 2025. Meeting videos and transcripts available at oronomn.gov. Page 3 of 3 7 AGENDA ITEM Date: February 24, 2025 Title: Claims/Bills Presenter: Kellie Hoen, Administrative Assistant Section: Consent Agenda Item: 2 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 125423 to 125502, and ACH transactions 20130625 to 20130631 totaling $449,463.15. 3. Staff Recommendation: Staff recommends approval of a motion authorizing payment to the claims listed as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register 2025-02-20 8 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 2/11/2025 - 2/24/2025 Feb 20, 2025 09:24AM Payee AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY AT&T MOBILTY Total 125423: BCA TRAINING Total 125424: BOLLIG AND SONS Total 125425: CITY OF LONG LAKE CITY OF LONG LAKE Total 125426: CORNERHOUSE Total 125427: SECURITY & SOUND CO SECURITY & SOUND CO Total 125428: TENVOORDE FORD INC TENVOORDE FORD INC TENVOORDE FORD INC Check Issue Date Check Number Invoice Number Invoice GLAccount Description 02/11/2025 125423 2873263283 101-42110-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 101-42400-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 101-45200-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 613-49830-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 101-43000-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 101-41900-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 601-49400-321 AT&T BILL 12/26/24-1/25125 02/11/2025 125423 2873263283 602-49450-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 101-43100-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 701-49800-321 AT&T BILL 12/26/24-1/25/25 02/11/2025 125423 2873263283 710-49970-575 AT&T BILL 12/26/24-1/25/25 Department Police Department Building & Zoning Parks Golf Course Public Works Department Central Services Water Sewer Brush Site Fleet Services IT Services 02/11/2025 125424 39354 101-42110-437 TRAINING/HEATHER RUSSETH/CRIME REPORTI Police Department 02/11/2025 125425 35778 602-49450-227 2795 SHADYWOOD MANHOLE EXTENSION Sewer 02/11/2025 125426 01.2025 UTIL 602-49450-387 JANUARY SEWER 2025 Sewer 02/11/2025 125426 01.2025 UTIL 601-49400-387 JANUARY WATER 2025 Water 02/11/2025 125427 5058 101-42110-319 2025 FORENSIC INTERVIEW SVCS Police Department 02/11/2025 125428 28726 440-48970-530 GATE FUNCTION INSTALLATION AT PW/ PARKS Public Works Building 02/11/2025 125428 28740 440-48970-530 GATE FUNCTION INSTALLATION AT PW/ PARKS Public Works Building 02/11/2025 125429 INV258461 101-42110-550 SQUAD #278 02/11/2025 125429 INV258462 101-42110-550 SQUAD #279 02/11/2025 125429 INV258463 101-42110-550 SQUAD #280 Police Department Police Department Police Department Invoice Amount 76.46 166.22 76.46 83.11 350.72 254.71 145.34 107.10 38.23 44.88 2,459.97 50.00 50.00 2,135.00 2,577.58 1,725.55 5,080.00 5,080.00 495.00 43,480.94 43,480.94 9 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 2 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125429: 130,442.82 ABM Equipment & Supply LLC 02/24/2025 125430 0181283-IN 405-48500-550 TRUCK 701 CAPITAL BUILD/ UTILITIES 24,444.00 Total125430: 24,444.00 API GARAGE DOOR INC. 02/24/2025 125431 388859185 613-49830-404 GARAGE DOOR REPAIR Golf Course 30.00 Total 125431: 30.00 BCATRAINING 02/24/2025 125432 39461 101-42110-437 TRAINING/BECK Police Department 600.00 BCATRAINING 02/24/2025 125432 39540 101-42110-437 TRAINING/DMT/SLIPKA Police Department 75.00 BCATRAINING 02/24/2025 125432 39570 101-42110-437 TRAINING/WIEBUSCH Police Department 300.00 Total 125432: 975.00 BLUE & BROWN BACKGROUND 02/24/2025 125433 02.2025 M. K 101-42110-437 TRAINING/KLUKAS-BACKGROUND SCHOOL Police Department 300.00 Total 125433: 300.00 BOYER TRUCKS - ST MICHAEL 02/24/2025 125434 093P28227 701-49800-222 425 PARTS DIFFERENTIAL Fleet Services 2,681.02 Total 125434: 2,681.02 CAMPBELL KNUTSON 02/24/2025 125435 2717-000OG 101-41600-307 ADMINISTRATION/GENERAL MATTERS 01/25 Law/Legal Services 5,951.29 CAMPBELL KNUTSON 02/24/2025 125435 2717-000OG 101-41600-307 FOX STREET HYDRAULIC FLUID CLAIM Law/Legal Services 869.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-000OG 101-41600-307 ELECTION MATTER 01/2025 Law/Legal Services 1,853.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-000OG 101-43280-307 STONEBAY COMMON ELEMENT PARCEL Special Services 51.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-0004G 101-42110-307 POLICE MATTERS 01/25 Police Department 221.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-0201G 101-41600-307 MISC RECORDINGS 01/25 Law/Legal Services 198.65 CAMPBELL KNUTSON 02/24/2025 125435 2717-0802G 101-42400-307 B&ZASSISTANCE 01/25 Building & Zoning 289.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-0908G 101-43280-307 ORTLIP LEGAL FEE - 4865 WEST BRANCH Special Services 55.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-0949G 101-43280-307 LA25-000001 485 ORONO ORCHARD Special Services 165.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-0998G 101-41600-306 PROSECUTION SERVICES 01/25 Law/Legal Services 69.00 CAMPBELL KNUTSON 02/24/2025 125435 2717-0999G 101-41600-306 PROSECUTION SERVICES 01/25 Law/Legal Services 5,702.96 Total 125435: 15,424.90 CENTRAL PENSION FUND SOU 02/24/2025 125436 02.20.25 FU 101-21705 CENTRAL PENSION FUND 02.20.2025 2,241.00 10 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 3 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125436: 2,241.00 CENTURYLINK 02/24/2025 125437 02.2025 WP 601-49400-321 WTP PHONE/INTERNET 02/04/2025-03/03/2025 Water 149.14 Total 125437: 149.14 CERTIFIED POWER INC 02/24/2025 125438 50363426 101-43000-222 425 SANDER CONTROLS Public Works Department 2,953.67 Total 125438: 2,953.67 Christopher and/or Anne Policinsk 02/24/2025 125439 UB REFUND 999-10015 UB REFUND - 450 OLD LONG LAKE RD - POLICI 129.36 Total 125439: 129.36 DALCO 02/24/2025 125440 4339224 101-41900-221 TOLIET PAPER Central Services 1,218.48 Total 125440: 1,218.48 DAVID AND/OR BARBARA DETE 02/24/2025 125441 UB REFUND 999-10015 UB REFUND - 145 TURNHAM RD - DETERS 35.00 Total 125441: 35.00 ECM PUBLISHERS INC 02/24/2025 125442 1034792 101-42400-352 PH FOR B&Z - FEB 18 Building & Zoning 182.70 Total 125442: 182.70 ESS BROTHERS & SONS 02/24/2025 125443 FF1068 602-49450-227 MANHOLE ADJUSTING RINGS Sewer 1,496.00 Total 125443: 1,496.00 FACTORY MOTOR PARTS 02/24/2025 125444 1-10448624 701-49800-222 PD PARTS Fleet Services 29.56 FACTORY MOTOR PARTS 02/24/2025 125444 229-022367 701-49800-222 PD PARTS Fleet Services 206.26 FACTORY MOTOR PARTS 02/24/2025 125444 70-581375 701-49800-213 DEGREASER Fleet Services 88.84 FACTORY MOTOR PARTS 02/24/2025 125444 70-581779 701-49800-213 425 DIFFERENTIAL FLUID Fleet Services 126.17 FACTORY MOTOR PARTS 02/24/2025 125444 70-581808 701-49800-213 425 DIFFERENTIAL FLUID Fleet Services 126.17 Total 125444: 577.00 FIDELITY SECURITY LIFE INSU 02/24/2025 125445 166647606 101-21716 VISION PLAN 2/2025 329.89 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 2/11/2025 - 2/24/2025 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125445: 329.89 FORCE AMERICA INC 02/24/2025 125446 IN001-20419 101-43000-222 433 SANDER CONTROL DRIVER Public Works Department 393.75 Total 125446: 393.75 G&H Distributing & Supply Inc 02/24/2025 125447 00183838 701-49800-215 HYDRAULIC FITTINGS Fleet Services 38.76 Total 125447: 38.76 GENUINE PARTS COMPANY/NA 02/24/2025 125448 617242 701-49800-222 PD PARTS Fleet Services 47.99 GENUINE PARTS COMPANY/NA 02/24/2025 125448 617299 701-49800-222 111 STAFF VEHICLE TIRE SENSOR Fleet Services 26.96 GENUINE PARTS COMPANY/NA 02/24/2025 125448 617370 701-49800-240 MECHANICS TOOLS Fleet Services 47.03 Total 125448: 121.98 GOPHERACE 02/24/2025 125449 023697/1 101-41900-221 BUILDING EQUIPMENT PARTS Central Services 14.99 GOPHERACE 02/24/2025 125449 023702/1 101-43000-224 GLUE Public Works Department 1.99 GOPHERACE 02/24/2025 125449 023709/1 701-49800-215 WELDING HELMET BATTERIES Fleet Services 15.18 GOPHERACE 02/24/2025 125449 023725/1 101-45200-221 AIR FILTER Parks 20.97 GOPHERACE 02/24/2025 125449 023733/1 101-43000-221 BAR & CHAIN OIL Public Works Department 22.99 GOPHERACE 02/24/2025 125449 023734/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 24.98 GOPHERACE 02/24/2025 125449 023749/1 101-41900-223 LIGHT BULBS FOR COUNCIL CHAMBERS Central Services 35.96 GOPHERACE 02/24/2025 125449 023763/1 101-43000-224 FITTINGS FOR BRINE TANKS ON THE PLOW TR Public Works Department 39.56 GOPHERACE 02/24/2025 125449 023774/1 101-43000-224 FITTING ON PLOW TRUCKS FOR BRINE TANKS Public Works Department 7.59 GOPHERACE 02/24/2025 125449 023799/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 18.57 GOPHERACE 02/24/2025 125449 023818/1 701-49800-222 VEHICLE TRAILER BREAK AWAY CONNECTORS Fleet Services 30.28 GOPHERACE 02/24/2025 125449 23687/1 601-49400-223 NORTH WATER PLANT PARTS EYE WASH Water 20.57 GOPHERACE 02/24/2025 125449 23715/1 601-49400-227 UTLITY MARKING PAINT Water 99.50 GOPHERACE 02/24/2025 125449 23715/1 602-49450-227 UTLITY MARKING PAINT Sewer 99.50 GOPHERACE 02/24/2025 125449 23715/1 601-49400-240 BATTERY OPERATED HAND TOOLS Water 98.52 GOPHERACE 02/24/2025 125449 23715/1 602-49450-240 BATTERY OPERATED HAND TOOLS Sewer 98.52 GOPHERACE 02/24/2025 125449 23778/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 9.99 GOPHERACE 02/24/2025 125449 23801/1 101-41900-223 BUILDING MAINTENANCE SUPPLIES Central Services 15.91 Total 125449: 675.57 HALSTEAD BRAND 02/24/2025 125450 1466 613-49830-352 DEDICATION PLAQUE FOR FESER FAMILY ON B Golf Course 95.00 12 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 5 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125450: 95.00 HAWKINS INC 02/24/2025 125451 3985545 601-49400-216 NAVARRE CHEMICALS Water 30.00 Total 125451: 30.00 HENNEPIN COUNTY ACCOUNT 02/24/2025 125452 1000238927 101-42110-414 RADIO/MDC LEASES Police Department 3,015.60 HENNEPIN COUNTY ACCOUNT 02/24/2025 125452 1000238946 101-43000414 PW RADIO LEASE Public Works Department 320.43 HENNEPIN COUNTY ACCOUNT 02/24/2025 125452 1000238989 101-42260414 FIRE RADIO FEES 01/2025 Fire Protection Services 611.73 Total 125452: 3,947.76 International Union Local #49 02/24/2025 125453 02.2025 DUE 101-21707 LOCAL 49 DUES - 02/2025 490.00 Total 125453: 490.00 Jefferson Fire & Safety 02/24/2025 125454 IN323695 101-42260-240 ICE PICKS Fire Protection Services 67.13 Total 125454: 67.13 KLUKAS, MELISSA 02/24/2025 125455 02.2025 M. K 101-42110-226 UNIFORM/KLUKAS Police Department 352.49 Total 125455: 352.49 LANO EQUIPMENT INC 02/24/2025 125456 03-1134258 701-49800-221 452 PARTS Fleet Services 983.27 LANO EQUIPMENT INC 02/24/2025 125456 03-1134446 701-49800-221 452 WIRING ADAPTOR Fleet Services 835.00 Total 125456: 1,818.27 LAW ENFORCEMENT LABOR S 02/24/2025 125457 02.2025 DUE 101-21707 LELS DUES - LOCAL 168 02/2025 365.00 LAW ENFORCEMENT LABOR S 02/24/2025 125457 02.2025 DUE 101-21707 LELS DUES - LOCAL 40 0212025 1,423.50 Total 125457: 1,788.50 LEAGUE OF MINNESOTACITIE 02/24/2025 125458 9457 703-49960-379 SEWER BACKUP CLAIM 315889 776.28 Total 125458: 776.28 LEAGUE OF MN CITIES INSURA 02/24/2025 125459 GL270315 703-49960-379 GREEN ENERGY DISCRIMINATION CLAIM 27031 15,401.82 13 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 6 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125459: 15,401.82 LEO WEB PROTECT INC. 02/24/2025 125460 8087973213 101-42110-433 MONTHLY SUBSCRIPTION 2/25 Police Department 143.06 Total 125460: 143.06 MACQUEEN EQUIPMENT LLC 02/24/2025 125461 P62800 651-49910-222 VAC TRUCK HOSE FITTINGS Storm Water 50.73 Total 125461: 50.73 MANSFIELD OIL COMPANY 02/24/2025 125462 26207172 701-49800-212 UNLEADED FUEL Fleet Services 6,983.95 Total 125462: 6,983.95 METLIFE 02/24/2025 125463 03.2025 ACC 101-21721 ACCIDENT 03.2025 366.76 METLIFE 02/24/2025 125463 03.2025 CRI 101-21721 CRITICAL INS 03.2025 154.74 METLIFE 02/24/2025 125463 03.2025 DEN 101-21709 DENTAL INSURANCE 03/25 3,188.14 METLIFE 02/24/2025 125463 03.2025 HOS 101-21721 HOSPITAL 03.2025 275.40 Total 125463: 3,985.04 NAVARRE HARDWARE 02/24/2025 125464 349198 602-49450-227 BROKE A CLEANOUT ON A POINT OF SALE INSP Sewer 74.07 Total 125464: 74.07 NCPERS GROUP LIFE INS. 02/24/2025 125465 6732000320 101-21710 PERA LIFE 03/2025 416.00 Total 125465: 416.00 NORLINGS LAKE MINNETONKA 02/24/2025 125466 LA25-000006 101-22205 ESCROW REFUND - LA25-000006 - 1038 LOMA LI 700.00 Total 125466: 700.00 NORLING'S LAKE MINNETONKA 02/24/2025 125467 LA25-000006 101-34420 BP REFUND - LA25-000006 1038 LOMA LINDA AV 550.00 Total 125467: 550.00 NORTH MEMORIAL HEALTH CA 02/24/2025 125468 28010 101-42110-437 EMIR REFRESHER/KOHLTON BECK Police Department 100.00 14 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 7 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125468: 100.00 NW HENNEPIN LEAGUE OF MU 02/24/2025 125469 2025 MEETI 101-41110-433 DUES-NWHLM Mayor & Council 160.00 Total 125469: 160.00 OAK RIDGE PET BOARDING 02/24/2025 125470 S015010 101-42110-317 ANNUAL CONTRACT FEE- DOG BOARDING/CAR Police Department 700.00 Total 125470: 700.00 ODP BUSINESS SOLUTIONS LL 02/24/2025 125471 4102778460 101-42110-201 OFFICE SUPPLIES Police Department 117.94 ODP BUSINESS SOLUTIONS LL 02/24/2025 125471 4102799170 101-42110-201 OFFICE SUPPLIES Police Department 159.27 Total 125471: 277.21 OPEIU - LOCAL 12 02/24/2025 125472 02.2025 DUE 101-21707 UNION DUES - LOCAL 12 02/2025 930.00 Total 125472: 930.00 PATHLIGHT PROPERTY 02/24/2025 125473 UB REFUND 999-10015 UB REFUND - 2625 CASCADE LN-PATHLIGHT P 146.02 Total 125473: 146.02 Perry's Truck Repair 02/24/2025 125474 2726 701-49800-221 WOOD CHIPPER Fleet Services 305.00 Total 125474: 305.00 QUADIENT INC 02/24/2025 125475 Q1733755 710-49970-413 POSTAGE MACHING LEASE 03.16.25-06.15.25 IT Services 483.63 Total 125475: 483.63 RYAN AUTO MALL 02/24/2025 125476 273449 701-49800-222 PD PARTS Fleet Services 208.75 RYAN AUTO MALL 02/24/2025 125476 273478 701-49800-222 PD PARTS Fleet Services 208.75 Total 125476: 417.50 S.M. HENTGES & SONS INC 02/24/2025 125477 UB REFUND 999-10015 UB REFUND - 2545 DUNWOODY AVE - HENTGES 65.31 15 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 8 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125477: 65.31 SAFEBASEMENTS OF MINNES 02/24/2025 125478 BP REFUND 101-34410 BP REFUND - RAS24-000081 - 200 WOODHILL R 94.11 Total 125478: 94.11 SECOND NATURE GRAPHICS 02/24/2025 125479 502 101-41900-201 BUSINESS CARDS - SMIEJA, RUTHENBERG, DIC Central Services 276.50 SECOND NATURE GRAPHICS 02/24/2025 125479 504 101-41900-201 CITY ENVELOPES -NO WINDOW Central Services 247.75 Total 125479: 524.25 SHERWIN WILLIAMS 02/24/2025 125480 9833-1 101-41900-223 PAINTING SUPPLIES Central Services 228.50 Total 125480: 228.50 SHRED IT 02/24/2025 125481 8009731848 101-42110-319 PROFESSIONAL SERVICES/SHREDDING Police Department 587.86 Total 125481: 587.86 SNAP -ON INDUSTRIAL 02/24/2025 125482 ARV/637954 701-49800-240 MECHANIC TOOLS Fleet Services 210.94 Total 125482: 210.94 STANDARD HEATING & AIR CO 02/24/2025 125483 BP REFUND 101-32530 BP REFUND - M23-000376 - 480 DEBORAH DR 96.75 STANDARD HEATING & AIR CO 02/24/2025 125483 BP REFUND 101-20802 BP REFUND - M23-000376 - 480 DEBORAH DR 3.87 Total 125483: 100.62 STREICHER'S 02/24/2025 125484 CM301339 101-42110-226 UNIFORMS/SLIPKA REIMBURSEMENT Police Department 353.00- STREICHER'S 02/24/2025 125484 11744224 101-42110-226 UNIFORMS/HENNESSY Police Department 386.97 STREICHER'S 02/24/2025 125484 11744382 101-42110-226 UNIFORMS/STURM Police Department 40.99 STREICHER'S 02/24/2025 125484 11744493 101-42110-226 UNIFORMS/MCCOY Police Department 6.00 STREICHER'S 02/24/2025 125484 11744494 101-42110-226 UNIFORMS/BECK Police Department 484.96 STREICHER'S 02/24/2025 125484 11744715 101-42110-226 UNIFORMS/PALM Police Department 99.99 STREICHER'S 02/24/2025 125484 11746004 101-42110-226 UNIFORMS/WHITE Police Department 357.97 STREICHER'S 02/24/2025 125484 11746101 101-42110-226 UNIFORMS/SLIPKA Police Department 99.99 STREICHER'S 02/24/2025 125484 11746178 101-42110-226 UNIFORMS/BECK Police Department 464.91 STREICHER'S 02/24/2025 125484 11746179 101-42110-226 UNIFORMS/BECK Police Department 54.99 STREICHER'S 02/24/2025 125484 11746444 101-42110-226 UNIFORMS/SZCZEPANIK Police Department 332.99 16 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 9 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125484: 1,976.76 SUN LIFE FINANCIAL 02/24/2025 125485 02.2025 LIFE 101-21710 LIFE INSURANCE - 02/2025 1,201.24 SUN LIFE FINANCIAL 02/24/2025 125485 20.2025 ST 101-21714 STD- 02/2025 1,130.10 Total 125485: 2,331.34 SUREFITTERS 02/24/2025 125486 78295 405-48500-550 701 LIGHT UPFITTING 1,749.92 Total 125486: 1,749.92 TACTICAL SOLUTIONS 02/24/2025 125487 10575 101-42110-403 RADAR CERTIFICATIONS Police Department 1,902.00 Total 125487: 1,902.00 TERMINAL SUPPLY INC. 02/24/2025 125488 98148-00 701-49800-215 HYDRAULIC FITTINGS Fleet Services 94.81 TERMINAL SUPPLY INC. 02/24/2025 125488 98634-00 405-48500-550 701 CAPITAL BUILD 157.03 Total 125488: 251.84 THE HARTFORD 02/24/2025 125489 02.2025 LTD 101-21713 LTD 02/2025 1,942.04 Total 125489: 1,942.04 THREE RIVERS PARK DISTRICT 02/24/2025 125490 50879 101-42110-439 DEPARTMENT YEARLY BANQUET Police Department 325.00 Total 125490: 325.00 TIM SONNEK 02/24/2025 125491 02.2025 REI 101-42110-226 UNIFORMS/SONNEK Police Department 351.32 Total 125491: 351.32 TIMESAVER OFF SITE SECRET 02/24/2025 125492 29959 101-45200-319 PARK COMMISSION MINUTES 2/4/2025 Parks 212.50 TIMESAVER OFF SITE SECRET 02/24/2025 125492 29961 101-41110-319 CITY COUNCIL MINUTES 2/10/2025 Mayor & Council 253.00 Total 125492: 465.50 TITAN MACHINERY INC 02/24/2025 125493 ES0041714 405-48500-580 MINI LOADER PLOW 20,700.00 17 City of Orono Check Check Invoice Payee Issue Date Number Number Total 125493: Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Invoice GLAccount Description Page: 10 Feb 20, 2025 09:24AM Department Invoice Amount 20,700.00 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 101-45200-226 UNIFORMS -PARKS Parks 16.42 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 613-49830-226 UNIFORMS -GOLF COURSE Golf Course 16.42 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 101-41900-226 UNIFORMS -FACILITY Central Services 6.56 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 651-49910-226 UNIFORMS - STORMWATER Storm Water 62.95 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 101-43000-226 UNIFORMS -STREETS Public Works Department 62.95 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 25.15 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 601-49400-226 UNIFORMS PW-WATER DEPT Water 25.15 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 701-49800-226 UNIFORMS - FLEET Fleet Services 40.59 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 101-43000-404 RUGS-PW Public Works Department 28.73 UNIFIRST CORPORATION 02/24/2025 125494 1410120240 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 02/24/2025 125494 141012863 101-45200-226 UNIFORMS -PARKS Parks 16.42 UNIFIRST CORPORATION 02/24/2025 125494 141012863 613-49830-226 UNIFORMS -GOLF COURSE Golf Course 16.42 UNIFIRST CORPORATION 02/24/2025 125494 141012863 101-41900-226 UNIFORMS -FACILITY Central Services 6.56 UNIFIRST CORPORATION 02/24/2025 125494 141012863 602-49450-226 UNIFORMS PW-SEWER DEPT Sewer 25.15 UNIFIRST CORPORATION 02/24/2025 125494 141012863 601-49400-226 UNIFORMS PW-WATER DEPT Water 25.15 UNIFIRST CORPORATION 02/24/2025 125494 141012863 651-49910-226 UNIFORMS - STORMWATER Storm Water 62.95 UNIFIRST CORPORATION 02/24/2025 125494 141012863 101-43000-226 UNIFORMS -STREETS Public Works Department 62.95 UNIFIRST CORPORATION 02/24/2025 125494 141012863 701-49800-226 UNIFORMS - FLEET Fleet Services 40.59 UNIFIRST CORPORATION 02/24/2025 125494 141012863 701-49800-221 SHOP TOWELS - PW Fleet Services 3.91 UNIFIRST CORPORATION 02/24/2025 125494 141012863 101-41900-223 MOPS/CLEANING TOWELS Central Services 30.52 UNIFIRST CORPORATION 02/24/2025 125494 141012863 101-43000404 RUGS-PW Public Works Department 28.73 Total 125494: 638.70 US Bank Equipment Finance 02/24/2025 125495 549188480 710-49970413 COPIERS - 02/25 IT Services 1,518.00 US Bank Equipment Finance 02/24/2025 125495 549188480 101-41900-201 OVERAGE -TONER Central Services 42.77 Total 125495: 1,560.77 VERIZON WIRELESS 02/24/2025 125496 6105721775 101-43100-321 ARLO CAMERAS - BRUSH SITE Brush Site 80.02 VERIZON WIRELESS 02/24/2025 125496 6105721775 101-45200-321 ARLO CAMERAS - LURTON DOG PARK Parks 80.02 VERIZON WIRELESS 02/24/2025 125496 6105721775 101-42110-321 ARLO CAMERAS - PD Police Department 80.02 VERIZON WIRELESS 02/24/2025 125496 6105721775 101-41900-321 ARLO CAMERAS - SPARE Central Services 40.01 VERIZON WIRELESS 02/24/2025 125496 6105721775 101-42110-311 INVESTIGATIONS DATA DUMP/24-6324 -REVER Police Department 75.00- 18 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 11 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount Total 125496: 205.07 Verizon Wireless Services LLC 02/24/2025 125497 9022382826- 101-42110-311 INVESTIGATIONS DATA DUMP/24-6324 Police Department 75.00 Total 125497: 75.00 WASTE MANAGEMENT 02/24/2025 125498 0121294-280 603-49500444 ORGANICS JAN 2025 Recycling 180.56 WASTE MANAGEMENT 02/24/2025 125498 0121294-280 603-49500-316 RECYCLING FEB 2025 Recycling 20,262.85 Total 125498: 20,443.41 WATER CONSERVATION SVC IN 02/24/2025 125499 14739 601-49400-405 WATER LEAK LOCATING (1945 FAGERNESS POI Water 511.50 Total 125499: 511.50 WINTER EQUIPMENT COMPAN 02/24/2025 125500 IV62575 101-43000-222 SNOW PLOW CUTTING EDGE Public Works Department 1,339.20 Total 125500: 1,339.20 WM CORPORATE SERVICES IN 02/24/2025 125501 8035578-159 603-49500442 DUMPSTER FOR ROADSIDE DEBRIS Recycling 784.61 Total 125501: 784.61 Wright -Hennepin Coop Electric 02/24/2025 125502 3503193770 101-43100-381 BRUSH SITE 01/01/25-02/01/25 Brush Site 26.70 Wright -Hennepin Coop Electric 02/24/2025 125502 3503193770 613-49830-381 GC SECURITY TO 03/31/2025 Golf Course 43.30 Wright -Hennepin Coop Electric 02/24/2025 125502 3503193770 101-43000-381 ELECTRICAL SERVICE 01/01/24-02/01/25 Public Works Department 202.22 Total 125502: 272.22 LOGIS-WIRE 02/11/2025 20130625 114012 710-49970401 NETWORK SERVICE THROUGH 12/31/2024 IT Services 543.75 LOGIS-WIRE 02/11/2025 20130625 114056 710-49970-329 LOCATES IT Services 53.16 Total 20130625: 596.91 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1NTN-Y6RF- 101-41900-201 CARDSTOCK Central Services 28.58 AMAZON CAPITAL SERVICE 02/24/2025 20130626 13N3-4XCP- 710-49970-221 PHONE AND PC EQUIPMENT IT Services 91.28 AMAZON CAPITAL SERVICE 02/24/2025 20130626 13N3-4XCP- 101-42260-437 CPR TRAINERS Fire Protection Services 1,074.95 AMAZON CAPITAL SERVICE 02/24/2025 20130626 13N3-4XCP- 101-42260-215 MOP BUCKET Fire Protection Services 18.79 AMAZON CAPITAL SERVICE 02/24/2025 20130626 13N3-4XCP- 101-42260-437 SUSPENSION TRAINING SYSTEM Fire Protection Services 224.95 19 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 2/11/2025 - 2/24/2025 Page: 12 Feb 20, 2025 09:24AM Check Check Invoice Invoice GLAccount Description Department Invoice Payee Issue Date Number Number Amount AMAZON CAPITAL SERVICE 02/24/2025 20130626 13N3-4XCP- 101-42260-215 DISH TOWELS Fire Protection Services 19.94 AMAZON CAPITAL SERVICE 02/24/2025 20130626 13N3-4XCP- 101-42260-201 C BATTERIES FOR CPR TRAINERS Fire Protection Services 16.80 AMAZON CAPITAL SERVICE 02/24/2025 20130626 13N3-4XCP- 101-42260-201 COPIER PAPER Fire Protection Services 38.99 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1FWP-749R- 601-49400405 NORTH WATER PLANT EYE WASH STATION REB Water 113.48 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1 FWP-749R- 602-49450-240 SAWZALL BLADES FOR UTILITY DEPARTMENT Sewer 26.93 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1GTF-7G16- 701-49800-215 SHOP SUPPLIES Fleet Services 73.55 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1GTF-7G16- 701-49800-240 MECHANICS TOOLS Fleet Services 856.30 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1GTF-7G16- 701-49800-213 LUBRICANTS Fleet Services 44.12 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1GTF-7G16- 405-48500-550 701 TRUCK BUILD - UTILITIES 371.72 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1GTF-7G16- 405-48500-550 406 TRUCK BUILD - STREETS 371.71 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1 K7M-CCDQ 101-42110-201 OFFICE SUPPLIES Police Department 175.95 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1 K9M-DLH4- 101-43000-222 CAR CHARGERS FOR PHONES Public Works Department 29.38 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1 K9M-DLH4- 101-45200-223 KITCHEN SUPPLIES FOR DISHES Parks 20.40 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1 KTX-JR4F- 101-42110-201 OFFICE SUPPLIES Police Department 66.72 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1 NMJ-FN6D- 701-49800-215 SHOP SUPPLIES Fleet Services 2.00- AMAZON CAPITAL SERVICE 02/24/2025 20130626 1R4Q-G6CQ 101-41900-223 CLEANING SUPPLIES Central Services 151.17 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1TDC-W61X- 101-41900-223 CLEANING SUPPLIES Central Services 26.89 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1TDC-W61X- 101-41900-201 POST CARDS Central Services 32.95 AMAZON CAPITAL SERVICE 02/24/2025 20130626 1TDC-W61X- 101-41900-201 MOUSE PAD Central Services 65.08 Total 20130626: 3,938.63 INNOVO BENEFITS ADMINISTR 02/24/2025 20130627 1490379 601-49400-135 HEALTH INSURANCE - 03.2025-BR Water 730.68 INNOVO BENEFITS ADMINISTR 02/24/2025 20130627 1490379 101-42110-135 HEALTH INSURANCE - 03.2025-DM Police Department 730.68 INNOVO BENEFITS ADMINISTR 02/24/2025 20130627 1490379 101-42110-135 HEALTH INSURANCE - 3.2025-JW Police Department 730.68 INNOVO BENEFITS ADMINISTR 02/24/2025 20130627 1490379 101-15998 HEALTH INSURANCE - 3.2025 AJ 730.68 INNOVO BENEFITS ADMINISTR 02/24/2025 20130627 1490379 101-21706 HEALTH INSURANCE - 03.2025 67.161.02 Total 20130627: 70,083.74 LOGIS-WIRE 02/24/2025 20130628 110024 101-42110-310 POLICE MOBILES Police Department 2,485.00 LOGIS-WIRE 02/24/2025 20130628 110024 101-42110-310 POLICE CAD Police Department 4,913.00 LOGIS-WIRE 02/24/2025 20130628 110024 101-42110-310 POLICE RECORDS Police Department 18,948.00 LOGIS-WIRE 02/24/2025 20130628 110024 710-49970-311 HOSTED SERVER - OR WATCHGUARD IT Services 3,292.00 LOGIS-WIRE 02/24/2025 20130628 110024 710-49970-311 HOSTED SERVER - OR-AD01 IT Services 349.00 LOGIS-WIRE 02/24/2025 20130628 110024 710-49970-311 HOSTED SERVER - OR-APPS2 IT Services 2,278.00 LOGIS-WIRE 02/24/2025 20130628 110024 710-49970-311 HOSTED SERVER - OR-FS1 IT Services 3,243.00 LOGIS-WIRE 02/24/2025 20130628 110024 710-49970-311 HOSTED SERVER - OR -RELAY IT Services 340.00 LOGIS-WIRE 02/24/2025 20130628 110024 710-49970-311 HOSTED SERVER - OR-MAIL01 IT Services 690.00 LOGIS-WIRE 02/24/2025 20130628 110024 710-49970-311 HOSTED BACKUP IT Services 4,464.00 20 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 2/11/2025 - 2/24/2025 Feb 20, 2025 09:24AM Payee LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE LOGIS-WIRE Total 20130628 MEDSURETY LLC Total 20130629 MN DEPT OF REVENUE -WIRE MN DEPT OF REVENUE -WIRE MN DEPT OF REVENUE -WIRE MN DEPT OF REVENUE -WIRE MN DEPT OF REVENUE -WIRE Total 20130630 MSTS RECEIVABLES LLC MSTS RECEIVABLES LLC Total 20130631: Grand Totals: Check Issue Date Check Number Invoice Number Invoice GLAccount Description Department Invoice Amount 02/24/2025 20130628 110024 710-49970-311 HOSTED COMPLIANCE ARCHIVE IT Services 1,775.00 02/24/2025 20130628 110024 710-49970-416 VPNAAS IT Services 1,300.00 02/24/2025 20130628 110024 710-49970-329 MNIT FIBER OPTICS IT Services 3,120.00 02/24/2025 20130628 110024 710-49970-329 FIBER OPTIC SERVICE IT Services 600.00 02/24/2025 20130628 110024 710-49970401 NETWORK WELLNESS IT Services 4,245.00 02/24/2025 20130628 110024 710-49970-329 INTERNET IT Services 1,986.00 02/24/2025 20130628 110024 710-49970401 RESEARCH SYSTEM DEVELOPMENT IT Services 2,000.00 02/24/2025 20130628 110024 710-49970401 MDC SYSTEM DEVELOPMENT IT Services 1,900.00 02/24/2025 20130628 110024 710-49970401 CAD SYSTEM DEVELOPMENT IT Services 2,550.00 02/24/2025 20130628 110024 710-49970401 RECORDS SYSTEM DEVELOPMENT IT Services 4,700.00 02/24/2025 20130628 110024 710-49970-311 HOSTED WIRELESS NETWORK MGMT IT Services 625.00 02/24/2025 20130628 117034 710-49970401 NETWORK SERVICE THROUGH 01/31/2025 IT Services 1,743.75 02/24/2025 20130628 118012 710-49970-221 POLICE TOKEN IT Services 15.00 02/24/2025 20130629 MFSA 1.10.2 101-21719 02/24/2025 20130630 01.2025 Sale 101-34650 02/24/2025 20130630 01.2025 Sale 601-39610 02/24/2025 20130630 01.2025 Sale 601-20806 02/24/2025 20130630 01.2025 Sale 613-37910 02/24/2025 20130630 01.2025 Sale 101-39610 MFSA 1.10.25-2.10.25 FUNDS POLICE REPORTS WATER METER SALES WATER TAXABLE SALES GREEN FEES CREDIT - WRITE OFF 02/24/2025 20130631 2A476EF8 601-49400-240 TOOLS FOR TRUCK 701 02/24/2025 20130631 2A476EF8 601-49400-240 TOOLS FOR TRUCK 701 Water Water 67,561.75 108.52 108.52 15.00 164.00 882.00 98.00 2.00- 1,157.00 586.49 586.49 1,172.98 449,463.15 21 AGENDA ITEM Date: February 24, 2025 Title: Upcoming Work Session Schedule Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Purpose: The purpose of the action item is to forecast future work session agendas. Item: 3 2. Background: This is an opportunity for council members to propose and agree to future work session topics. Work session meetings are at 5 pm on the same days as 6 pm regular council meetings. The table below lists upcoming proposed subjects and dates. 2025 Date Subject Date 13 Jan 14 Jul Council Code of Conduct 27 Jan Special Elections 28 Jul General Fund Budget Update Council Goals 10 Feb Council Code of Conduct (Part 2) 11 Aug 24 Feb Interview Commissioner Applicants 25 Aug Enterprise Budget Update (Parks/Planning) 10 8 Sep Preliminary Levy / Budget Mar 14 Apr p Joint Meeting With Parks 22 Se p Commission 28 Apr Street Maintenance 2026 13 Oct Draft Capital Improvement Plans Average Lakeshore set back (Part 6) 12 May City Goals and Vision Discussion 27 Oct Draft Capital Improvement Plans 26 Social Media Policy and Procedures 10 Nov May 9 Jun 24 Nov Fee Schedule Update 23 Jun Preliminary Budget Guidance 2026 8 Dec None 3. Staff Recommendation: I recommend the next work session occur as scheduled. COUNCIL ACTION REQUESTED Move to approve the draft work session schedule. 0+ AGENDA ITEM Date: February 24, 2025 Title: 2024 Fund Transfers Presenter: Maggie Jin, Finance Director Section: Consent Agenda Item: 4 Purpose: The purpose of this action item is to approve the police department budget surplus transfer and to consider adopting a resolution authorizing staff to transfer the budget surplus at year-end as a routine procedure. 2. Background: Since 2013, the City has been setting aside funds from the unspent amounts in the police department budget within the General Fund that relate to the police service contracts with Spring Park and Minnetonka Beach. The retaining of funds for future police related expenditures is a requirement identified in the police service contracts. Historically, the funds were being recorded as part of the Permanent Revolving Fund and moved over to the Police Capital Fund in 2023. The minimum amounts required at the end of each year would be to transfer over the percentage correlating to Spring Park and Minnetonka Beach's contracts and the maximum amount would include Orono's percentage. The transfer is included in Exhibit A with detail. A resolution is also included to approve staff to process the transfer in future years. 3. Staff Recommendation: Staff recommends approval of the 2024 Transfer as presented and approval of Resolution 7556 authorizing staff to transfer the year-end police department budget surplus in future years. COUNCIL ACTION REQUESTED Motion to approve the 2024 Transfers as presented on the attached exhibit. Motion to approve Resolution 7556 Authorizing Staff to Transfer Year -End Police Department Budget Surplus. Exhibits A. 2024 Fund Transfer B. Resolution 7556 Police Surplus Transfer 23 City of Orono Schedule of 2024 Interfund Transfers and Loan Payments Transfer From ITransfer To Amount Transfer to Police Capital Fund for General Fund (101) Police Capital Fund (437) $ 14,999.98 police department surplus in 2023 ($2,499.98) and 2024 ($12,500). 24 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7556 RESOLUTION AUTHORIZING STAFF TO TRANSFER YEAR-END POLICE DEPARMENT BUDGET SURPLUS WHEREAS, the police service contacts with Minnetonka Beach and Spring Park refer to retaining unspent budgeted funds into a Police CIP; and WHEREAS, the funds are to be used for future police related expenditures as identified in the police service contracts; and WHEREAS, the funds are currently being tracked as part of the Police Capital Fund (437); and WHEREAS, the unspent funds in the police department budget within the General Fund (101) will be transferred at year-end to the Police Capital Fund (437) to meet the minimum requirements of the police service contracts; WHEREAS, staff will designate Orono's portion to be transferred to the Police Capital Fund (437) not to exceed calculated total maximum amount; NOW, THEREFORE, BE IT RESOLVED that the Finance Department is authorized to process year-end transfers to the Police Capital Fund (437) from the General Fund (101). ADOPTED this 24th day of February 2025, by the City Council of the City of Orono. ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor 25 AGENDA ITEM Date: February 24, 2025 Title: Resignation and Recruitment - Public Works Maintenance Worker Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Item: 5 Purpose: The purpose of the action item is to accept the resignation of Public Works Maintenance Worker Trace Crawford and inform council of the recruitment process to fill the vacancy created. 2. Background: A. Trace Crawford was hired in February 26, 2024. Trace submitted a letter of resignation on February 19, 2025. Trace's last day will be February 28, 2025. The Public Works Department wishes Trace the best of luck in all of her future endeavors and thanks her for her service to the City of Orono. B. The Public Works Department currently has 5 full-time public works maintenance worker positions with one opening. The maintenance worker positions are critical to meet current service needs and are essential to City operations. 3. Recruitment: The selection process for the position involves advertising the position, application screening, interviews by Public Works supervisor and maintenance worker staff and practical exercise testing. The process will also include a background check and reference checks. COUNCIL ACTION REQUESTED Motion to accept the resignation of Trace Crawford effective February 28, 2025 and authorize the staff to begin the recruitment process. 26 AGENDA ITEM Date: February 24, 2025 Title: Rehabilitation of Lift Stations 4 and 27 Presenter: DJ Goman, Public Works Superintendent Section: Consent Agenda Item: 6 Purpose: The purpose of this action item is to gain approval to proceed with the Lift Station Rehabilitation project for 2025. 2. Background: The Sewer Department has developed a maintenance plan for the 47 lift/ grinder stations that are part of the sewer system. As part of the plan, each station is inspected annually to identify routine maintenance needs. In addition to routine maintenance, the plan also includes the upgrade of two lift stations per year. A lift station upgrade involves replacing discharge piping, pumps, control panel and the electrical that operates the lift station. The lift stations that are upgraded are selected based on a number of factors: age, maintenance records issues discovered during the annual inspections and the risks associated with the failure of the lift station. Lift Station 4 (160 Stubbs Bay Road South) was reconstructed in 1994. Lift Station 27 (870 Partenwood Road) was reconstructed in 2004. The lift stations have surpassed there life expectancy, and maintenance costs are increasing due to age. 3. Scope: The project scope of work includes the installation of a new control panels, new pumps, discharge piping, concrete work and all electrical. 4. Cost: Staff solicited quotes for Lift Stations 4 and 27 upgrades, listed below. The lowest quote from a qualified contractor was $150,330.00 from Quality Flow Systems Inc. Company Description Cost Quality Flow new control panels, new pumps, discharge piping $150,330.00 Systems Inc. and all electrical work Quality Flow new control panels, new pumps, Iowa Inc. No Bid discharge piping and all electrical work Kriha Electric, new control panels, new pumps, discharge piping $167,171.000 LLC and all electrical work 5. Funding: This project will be funded through the Sewer Fund. Fund Cost Sanitary Sewer $150,330.00 4A 6. Staff Recommendation: I recommend acceptance of the quote provided by Quality Flow Systems, Inc, which includes pumps, piping, concrete work and electrical controls, for $150,330.00 COUNCIL ACTION REQUESTED Motion to approve in the amount of $150,330.00 from Quality Flow Systems Inc. Exhibits A. Lift Station 4 B. Lift Station 4 Service Area C. Lift Station 27 D. Lift Station 27 service area E. Quality Flow Systems Quote F. Kriha Electric Quote 28 AIR-, FLIC JP ` �I A k • Or` y 5 h 40L , '* .:, r qft ■ N I� „ 46 ic .- � T - A . N- 32 UALITY FLOW SYSTEMS, INC. 800 6t" Street NW Phone(952)758-9445 New Prague, MN 56071 Fax(952)758-9661 November 6, 2024 To: City of Orono Attn: Mr. David Goman Subject: Rehabilitation of LS #4 and LS #27 Dave; We offer the following bid for KSB/ QCI lift station equipment. Item #1 —Lift Station #4 Remodel: Two (2) "KSB" Model KRT Finax 80-230/036F4YSG, 5hp, 230/3, 4", 1750 rpm, heavy duty submersible sewage pump capable of pumping 100 gpm @ 35' TDH. To include: - 50' of power cord - 5hp, 230/3, explosion -proof inverter duty motors - Lifting handle - Leakage sensor - Stainless steel lifting chain - 4" base discharge elbow - Stainless steel upper bracket - Stainless steel guide pipe One (1) Provide and install retro-fit access cover and safety grate — 3001b rated Two (2) 4" swing flex check valves Two (2) 4" non -rising gate valves One (1) Lot of piping to replace the piping inside the station (using stainless steel flange accessory kits) One (1) "QCI" Duplex pump control panel for operation on 240 Volt, 3-Phase, 4-Wire, 60-Hz incoming service. The enclosure is 2-door, side -by -side, suitable for pad -mounting, NEMA 3X, 304 Stainless Steel, measuring approximately 48"H x 60"W x 12"D on an 18"H skirted leg stand system. Inner dead -front doors, 3-point pad -lockable handle and steel (painted white) component chassis will be provided. The system will provide control for two (2) 5 HP KSB submersible pumps in response to wetwell level as sensed by submersible level transducer (primary) and float switches (back-up). To include: QQty Major Control Panel Components; Description 1 CB; Main Disconnect; 3P; 240VAC; 100A; Service Entrance Rated 1 CB; Emergency Disconnect; 3P; 240VAC; 100A; Interlocked with Main 1 Emergency Power Receptacle; 100A; with angle adapter (re -use existing receptacle) 1 Automatic Transfer Switch; ASCO-300 Series; 100A 2 CB; Pump Disconnect; 3P; 240VAC; 30A 2 Motor Starter; NEMA; with solid-state adjustable OL relay 1 Breaker; 1 P; 10A; (Control Power) 1 Breaker; 1 P; 15A; (Convenience Receptacle) 2 Breaker; 1 P; 20A; (Generator battery charger; generator crankcase heater) 1 Convenience Receptacle; GFCI; 15A 1 Phase Monitor 1 Surge Arrestor; 3-Phase 1 Heater; Fan -forced; 200W; Thermostatically controlled 2 Pump Protective Module (Overtemp & Seal Fail); with socket 2 Pump Seal Fail & Overtemp module; KSB PumpSafe-A 2 Light -Pilot; P-T-T; 120VAC FV; LED; Green Fresnel Cap (pump running) 4 Light -Pilot; P-T-T; 120VAC FV; LED; Red Fresnel Cap (pump overtemp, hi level, back-up) 2 Light -Pilot; P-T-T; 120VAC FV; LED; Amber Fresnel Cap (pump seal fail) 4 Push Button; (pump reset, reset back-up, & alarm silence) 33 2 Runtime meter; non-resettable (each pump) A/R Control Relay; 3PDT; 120VAC; w/ Indicating Light (includes socket) 1 Ground Lug; 3-Conductor 1 PLC; QCI Model 1500ct; pump controller; color touchscreen (Primary) 1 Symcom Model ISS-105 float controller with intrinsically safe circuit extensions (Back-up) A/R IS Barrier for transducer 1 Alarm Light; Red; Strobe; 120VAC; (top mounted) 1 Alarm Horn with silence button; (side mounted) 1 Space for field installation of existing Mission M-113 FlatPack Cellular alarm dialer A/R Terminal Block; Single; 18-10AWG 1 Submersible Transducer; 4-20mA Loop powered; 60 ft cable 3 Float Switch; Suspended; Non -mercury; 60 ft cable One (1) Re -install the existing Mission unit and power supply in the new panel One (1) Submersible transducer with 60' of cable One (1) Lot of labor to install the above equipment One (1) Electrical Install by a licensed master electrician. One (1) No concrete work required One (1) Cable rack and J hook One (1) Warranty as specified One (1) Start-up and training as specified Item #1 Notes: We do not include any concrete if a concrete pad is required please add $5,600.00 LS # 4 - Total Installed Price - - $68,530.00 (+ tax) Item #2 — Lift Station #27 Remodel: Two (2) "KSB" Model Amarex Dmax 80-230/065F4YSG2, 8.72hp, 230/3, 4", 1750 rpm, heavy duty submersible sewage pump capable of pumping 250 gpm @ 65' TDH. To include: - 50' of power cord - 8.72hp, 230/3, explosion -proof inverter duty motors - Lifting handle - Leakage sensor - Stainless steel lifting chain - 4" base discharge elbow - Stainless steel upper bracket - Stainless steel guide pipe One (1) Provide and install retro-fit safety grate Two (2) 4" swing flex check valves Two (2) 4" non -rising gate valves One (1) Lot of piping to replace the piping inside the station (using stainless steel flange accessory kits) One (1) "QCI" Duplex pump control panel for operation on 240 Volt, 3-Phase, 4-Wire, 60-Hz incoming service. The enclosure is 2-door, side -by -side, suitable for pad -mounting, NEMA 3X, 304 Stainless Steel, measuring approximately 48"H x 60"W x 12"D on an 18"H skirted leg stand system. Inner dead -front doors, 3-point pad -lockable handle and steel (painted white) component chassis will be provided. The system will provide control for two (2) 10 HP KSB submersible pumps in response to wetwell level as sensed by submersible level transducer (primary) and float switches (back-up). To include: QQty Major Control Panel Components; Description 1 CB; Main Disconnect; 3P; 240VAC; 100A; Service Entrance Rated 1 CB; Emergency Disconnect; 3P; 240VAC; 100A; Interlocked with Main 1 Emergency Power Receptacle; 100A; with angle adapter (re -use existing receptacle) 1 Automatic Transfer Switch; ASCO-300 Series; 100A 2 CB; Pump Disconnect; 3P; 240VAC; 40A 2 Motor Starter; NEMA; with solid-state adjustable OL relay 1 Breaker; 1 P; 10A; (Control Power) 34 1 Breaker; 1 P; 15A; (Convenience Receptacle) 2 Breaker; 1 P; 20A; (Generator battery charger; generator crankcase heater) 1 Convenience Receptacle; GFCI; 15A 1 Phase Monitor 1 Surge Arrestor; 3-Phase 1 Heater; Fan -forced; 200W; Thermostatically controlled 2 Pump Protective Module (Overtemp & Seal Fail); with socket 2 Pump Seal Fail & Overtemp module; KSB PumpSafe-A 2 Light -Pilot; P-T-T; 120VAC FV; LED; Green Fresnel Cap (pump running) 4 Light -Pilot; P-T-T; 120VAC FV; LED; Red Fresnel Cap (pump overtemp, hi level, back-up) 2 Light -Pilot; P-T-T; 120VAC FV; LED; Amber Fresnel Cap (pump seal fail) 4 Push Button; (pump reset, reset back-up, & alarm silence) 2 Runtime meter; non-resettable (each pump) A/R Control Relay; 3PDT; 120VAC; w/ Indicating Light (includes socket) 1 Ground Lug; 3-Conductor 1 PLC; QCI Model 1500ct; pump controller; color touchscreen (Primary) 1 Symcom Model ISS-105 float controller with intrinsically safe circuit extensions (Back-up) A/R IS Barrier for transducer 1 Alarm Light; Red; Strobe; 120VAC; (top mounted) 1 Alarm Horn with silence button; (side mounted) 1 Space for field installation of existing Mission M-113 FlatPack Cellular alarm dialer A/R Terminal Block; Single; 18-10AWG 1 Submersible Transducer; 4-20mA Loop powered; 60 ft cable 3 Float Switch; Suspended; Non -mercury; 60 ft cable One (1) Re -install the existing Mission unit and power supply in the new panel One (1) Submersible transducer with 60' of cable One (1) Transducer suspension kit Three (3) Float switches with 60' of cable One (1) Lot of labor to install the above equipment One (1) Electrical Install by a licensed master electrician. One (1) No concrete work required One (1) Cable rack and J hook One (1) Warranty as specified One (1) Start-up and training as specified Item #2 Notes: We do not include any concrete if a concrete pad is required please add $5,600.00 LS # 27 - Total Installed Price - - $70,600.00 (+ tax) Thank you for the opportunity to provide you with a proposal for this equipment. If you have questions or require more information, please don't hesitate to give me a call. Sincerely, Pat Malay Pat Malay 35 KRIHA ELECTRIC, ARIBIMONTGOMERY MNLC 56069 PROP • Phone:507-364-7520 DATE info@krihaelectric.com --------- — DESC 191Wt110]�,I=1[7 CITY OF ORONO 2700 Kelley Parkway ORONO MN 55356 LOC 1059 11 /13/2024 Lift Stations 4 & 27 Rehab. 2700 Kelley Parkway ORONO MN 55356 DJ Proposal to remodel the City of Orono - Lift Station #4 and Lift Station #27: Kriha Electric is pleased to provide the following proposal as requested. Lift Station 4 remodel will consist of the following items: Duplex Control panel: The enclosure is 2-door, pad -mounted, 48"H x 60"W x 12"D with an 18" vented skirt. It is made of Stainless Steel, rated Nema 3X, and has a 3-point pad-locka handle. The enclosure features inner dead front doors and a steel white back plate.The control panel will be built to operate from 240V, 3PH, 4W, 60HZ incoming power. it will provide control for 2 pumps in response to wetwell level. Level of wetwell will be sensed by a transducer and backed up by floats. The following components will be included: Qty - Description: 1 - 3P; 240VAC; 100A; Service Entrance Rated Circuit Breaker Main Disconnect; 1 - 3P; 240VAC; 100A; Circuit Breaker as an Emergency Disconnect; Interlocked with Main 1-100A;Emergency Power Receptacle; with angle adapter (re -use existing receptacle) 1 - 100A: ASCO; Series 300 ATS; 2 - 3P; 240VAC; 30A Circuit Breaker for Pump Disconnect; 1 - 10A Breaker 1 - 15A Breaker 2 - 20A Breaker 2 - NEMA Motor Starter 1 - Convenience Receptacle 1 - Phase monitor 1 - Surge Arrestor; 1 - Heater 2 - Pump Protective Module 2 - Green Pilot Light 2 - Red Pilot Light 2- Push Button 2 - Runtime meter 1 - PLC 1 - Symcom Model ISS-105 float controller with intrinsically safe circuit extensions A/R - IS Barrier for transducer 1 - Red Strobe Alarm Light 1 -Alarm Horn with silence button 1 - Re -install the existing Mission unit and power supply in the new panel 1 - Submersible transducer 3 - Float switches 1 - Cable rack and J hook A/R - Labor and start up Note: No concrete work required PROPOSAL 1 KEV KRIHA ELECTRIC, ARIBIMONTGOMERY MNLC 56069 PROP • Phone:507-364-7520 DATE info@krihaelectric.com --------- — DESC 191Wt110]�,I=1[7 CITY OF ORONO 2700 Kelley Parkway ORONO MN 55356 LOC 1059 11 /13/2024 Lift Stations 4 & 27 Rehab. 2700 Kelley Parkway ORONO MN 55356 DJ Lift Station Remodel to Include: Qty - Description: 2 - 5hp, 230V, 3PH, 4", 1750 rpm, heavy duty submersible sewage pump Provide and install retro-fit access cover and safety grate - 3001b rated 2 - 4" swing flex check valves 2 - 4" non rising gate valves 1 - Piping to replace the piping inside the station Total Selling Price: $76,171.00 + tax Lift Station 27 remodel will consist of the following items: Duplex Control panel: The enclosure is 2 door, side -by -side, pad -mounted, 48"H x 60"W x 12"D with an 18" vented skirt. It is made of Stainless Steel, rated Nema 3X, and has a 3-point pad-locka handle. The enclosure features inner dead front doors and a steel white back plate.The control panel will be built to operate from 240V, 3PH, 4W, 60HZ incoming power. it will provide control for 2 pumps in response to wetwell level. Level of wetwell will be sensed by a transducer and backed up by floats. The following components will be included: Qty - Description: 1 - 3P; 240VAC; 100A; Service Entrance Rated Circuit Breaker Main Disconnect; 1 - 3P; 240VAC; 100A; Circuit Breaker as an Emergency Disconnect; Interlocked with Main 1 - 100A;Emergency Power Receptacle; with angle adapter (re -use existing receptacle) 1 - 100A: ASCO; Series 300 ATS; 2 - 3P; 240VAC; 40A Circuit Breaker for Pump Disconnect; 1 - 10A Breaker 1 - 15A Breaker 2 - 20A Breaker 2 - NEMA Motor Starter 1 - Convenience Receptacle 1 - Phase monitor 1 - 3PH Surge Arrestor; 1 - Heater 2 - Pump Protective Module 2 - Green Pilot Light 2 - Red Pilot Light 2- Push Button 2 - Runtime meter 1 - PLC 1 - Symcom Model ISS-105 float controller with intrinsically safe circuit extensions A/R - IS Barrier for transducer 1 - Red Strobe Alarm Light 1 -Alarm Horn with silence button PROPOSAL N 37 KRIHA ELECTRIC, ARIBIMONTGOMERY MNLC 56069 PROP • Phone:507-364-7520 DATE info@krihaelectric.com --------- — DESC 191Wt110]�,I=1[7 CITY OF ORONO 2700 Kelley Parkway ORONO MN 55356 LOC 1059 11 /13/2024 Lift Stations 4 & 27 Rehab. 2700 Kelley Parkway ORONO MN 55356 DJ 1 - Re -install the existing Mission unit 1 - Submersible transducer 3 - Float switches 1 - Cable rack and J hook 1 - ATS Panel Stainless Steel enclosure, same characteristics as the control panel. A/R - Labor and start up Note: No concrete work required Lift Station Remodel to Include: Qty - Description: 2 - 8.72hp, 230V, 3PH, 4", 1750 rpm, heavy duty submersible pump Provide and install retro-fit access cover and safety grate - 3001b rated 2 - 4" swing flex check valves 2 - 4" non rising gate valves 1 - Piping to replace the piping inside the station Total Selling Price: $78,200.00 + tax Adder: Provide concrete pad for each station control panel. Total Cost of Adder (per pad): $6,400.00 PROPOSAL Q 38 K KRIHA ELECTRIC, LLC 1 Q1 ST A\/F PROPOSAL ALij-jjj MONTGOMERY MN 56069 PROPOSAL# 1059 PAGE 4 • Phone:507-364-7520 — info@krihaelectric.com -------- — DATE 11/13/2024 DESC Lift Stations 4 & 27 Rehab. CUSTOMER CITY OF ORONO LOC 2700 Kelley Parkway 2700 Kelley Parkway ORONO MN 55356 ORONO MN 55356 CONTACT DJ PHONE We Propose hereby to furnish material and labor - complete in accordance with these specifications for the sum of: $154,371.00 One Hundred Fifty Four Thousand Three Hundred Seventy One Dollars And 00 Cents Payable as follows: Progressive Payment Schedule. Authorized Signature: ................................................... Date: ...................... Note: This Proposal may be withdrawn by us if not accepted within 14 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. We are authorized to provide you with this notice: Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. ACCEPTANCE OF PROPOSAL - The Prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: ........................................................... Date: .................... �Q AGENDA ITEM Date: February 24, 2025 Title: Street Improvements - Brown Road N (25-002) - Award Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Item: 7 Purpose: The purpose of this action item is to award the contract for the Brown Road North Maintenance Project (25-002). 2. Background: At the July 8, 2024 Council Work Session, the council directed staff to proceed with design for the Brown Road North Maintenance Project. Since then Staff and our consulting firm have been working on the design and bid package for the project. Brown Road North is a Municipal State Aid (MSA) Road. As such the city receives state aid funding for its maintenance. State Aid revenues come from the state gas tax. As a MSA project MnDOT State Aid is required to review the design which they have done and granted approval. Staff received bids on February 13, 2025. 3. Scope: The project consists of the reclamation of the existing pavement, new pavement, and repairs to existing concrete curbs and stormwater infrastructure. 4. Cost: The city received nine bids. The Bid Summary is in Exhibit A. The low bid for $ 413,246.05 is from Valley Paving, Inc. In addition to the construction cost, Bolton and Menk provided a proposal not to exceed $ 43,000 for construction oversight. (Exhibit B). Who Work Cost Status Bolton and Menk Brown Road design and bid $ 49800.00 ,.approved Previously approved Braun Intertec Geotechnical evaluation $ 5,745.00 Complete Valley Paving Construction $ 413,246.05 Bolton and Menk lConstruction oversight $ 43,000.00 TOTAL 1 $ 511,791.05 Funding: Funding for the project will come from a combination of the MSA fund and stormwater fund. Estimated Fund Amount MSA Fund $ 375,900 Storm Sewer Fund $ 135,000 40 Sanitary Sewer Fund $1,000 TOTAL $511,900 6. Staff Recommendation: I recommend award of the bid to Valley and approval of the proposal from Bolton and Menk for construction services. COUNCIL ACTION REQUESTED Motion to award the Brown Road North Project to Valley Paving for $ 413,246.05 and to authorize Bolton & Menk to perform construction oversight for a fee not to exceed $43,000.00. Exhibits A. 2025-02-13 135457 Bid Tabulation B. Fee Estimate - Brown Road Construction Services C. Plan Sheets BROWN ROAD N 41 QBOLTON & MENK Real People. Real Solutions. BID TABULATION Project Location: City of Orono Bid Day/Date: Project Title: North Brown Road Improvements Bid Time: Project No.: 24X.135457.000 February 13, 2025 10:00 AM BIDDERS TOTAL PROJECT BID 1. Valley Paving, Inc. $413,246.05 2. Northwest Asphalt, Inc. $426,692.02 3. Wm. Mueller & Sons, Inc. $442,476.60 4. GMH Asphalt Corporation $445,206.65 5. Asphalt Surface Technologies $476,785.60 6. Knife River Corp. $477,627.50 7. Omann Brothers Paving $489,997.75 8. Park Construction Company $492,708.45 9. Bituminous Roadways, Inc. $526,443.10 10. 11. 12. 13. 14. H:\ORNO\24X135457000\6_Plans-Specs\C_Bids Received\2025-02-13 135457 Bid Tabulation.docx Bolton & Menk is an equal opportunity employer. O MLENK Real People. Real Solutions, February 18, 2025 City of Orono Attn: Adam Edwards PO Box 66 Orono, MN 55323 RE: North Brown Road Improvements — Construction Services Dear Adam: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com As requested, we have prepared a scope of services and estimated fee for the construction services associated with the North Brown Road Improvements Project. Scope of Services Public Coordination/Communications Bolton & Menk is committed to supporting the coordination requirements of this project with qualified staff and will proactively engage affected property owners and the public with timely and accurate information via newsletters and website updates as desired by the City. Construction Observation Full-time construction observation (45 hours per week for 10 weeks) will be provided. Duties of the Construction Observer will include the following: • Attendance at the pre -construction meeting and all construction -related meetings • Serve as a liaison between the city and the contractor • Review of the completed work to determine if the project is in general conformance with the plans and specifications • Review of all materials testing • Maintenance of construction documentation • Communication with affected property owners, as necessary, to address their construction - related concerns and issues Construction Administration Construction administration duties will include the following: • Administering a pre -construction meeting and weekly construction meetings • Review of shop drawings • Preparation of pay estimates • Contractor Communications • Liaison with City Staff and Council Record drawings detailing the completed improvements as recorded by the construction observer and the City of Orono's contractor will be completed and furnished to the city in hard copy and electronic H:\ORNO\$2025 New Projects\Fee Estimate - Brown Road Construction Services.docx Bolton & Monk is an equal opportunity employer. format. Record plans will also be linked to the city mapping system and the City's GIS system will be updated. Fee Estimate Based on the scope of services described above, and unused design fees previously approved, we propose an additional fee of $43,000 to be billed on an hourly basis. Additional services that may be required after the contract's substantial completion date for the project will be billed on an hourly basis. A separate proposal for materials testing services will be submitted to the city for review. Please let me know if you have questions or need additional information. Sincerely, Bolton & Menk, Inc. V& David P. Martini, P.E. Senior Principal Engineer H:\ORNO\$2025 New Projects\Fee Estimate - Brown Road Construction Services.docx Bolton & Menk is an equal opportunity employer. M I N N ESOTA DEPARTMENT OF TRANSPORTATION MINN. PROD. NO. STATE FUNDS DESIGN DESIGNATION N. BROWN ROAD STA. ###+##.## TO STA. ###+##.## CITY O F O R O N O GOVERNINGSPECIFICATIONS FUNTIONAL CLASSIFICATION COLLECTOR ------ THE PROJECT SPECIFICATIONS AND THE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION R-VALUE 20 HENNEPIN COUNTY! M I N N E S OTA "STANDARD SPECIFICATION FOR CONSTRUCTION" SHALL GOVERN. EN-18 293,000 ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM AND BE INSTALLED IN NO. & WIDTH OF TRAFFIC LANES 2 & 12 ft NORTH BROWN ROAD IMPROVEMENTS ACCORDANCE WITH THE LATEST "MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" (MN MUTCD), INCLUDING THE LATEST "FIELD MANUAL" FOR TEMPORARY TRAFFIC CONTROL ZONE NO. & WIDTH OF PARKING LANES 0 LAYOUTS. ADT (PRESENT YEAR) 2024 1,910 ADT (PROJECTED YEAR) 2044 1,390 CONSTRUCTION PLAN FOR: BITUMINOUS RECLAMATION HCADT (PROJECTED YEAR) 2024 3.57% DESIGN SPEED 30 mph SAP 152-107-002 LOCATED ON N. BROWN ROAD FROM WAYZATA BLVD. TO SIXTH AVENUE N. (GEOGRAPHICAL DESCRIPTION) SHEET NUMBER SHEET TITLE DESIGN LOAD 10 ton 1496.95 FT. SOUTH OF THE N1/4 2156.14 FT. NORTH OF THE S 1/4 FROM COR. OF S 34-118-23 TO COR. OF S 27-118-23 (LEGAL DESCRIPTION) 1 TITLE SHEET 2 LEGEND DESIGN SPEED FOR ROADWAY BASED ON NORTH BROWN ROAD (SAP 152-107-002) 3 STATEMENT OF ESTIMATED QUANTITIES ON STOPPING SIGHT DISTANCE: GROSS LENGTH 3653.09 FEET .692 MILES 4 GENERAL NOTES HEIGHT OF EYE = 3.5 FT BRIDGE LENGTH 0 FEET 0 MILES 5 TYPICAL SECTIONS & CONSTRUCTION DETAILS HEIGHT OF OBJECT= 2.0 FT EXCEPTION LENGTH 0 FEET 0 MILES 6-8 CONSTRUCTION PLAN NETLENGTH 3653.09 FEET .692 MILES LENGTH AND DESCRIPTION BASED UPON THIS PLAN SET CONTAINS 8 SHEETS. PROPOSED CENTERLINE TYPICAL PLAN SCALE UNLESS OTHERWISE NOTED: 0 25 50 HORIZONTAL SCALE SCALE FEET PROJECT LOCATION CITY: ORONO COUNTY: HENNEPIN DISTRICT: METRO THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY PROJECT DATUM: HENNEPIN COUNTY COORDINATES QUALITY LEVEL D. THIS UTILITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 38-22, ENTITLED HORIZONTAL: NA "STANDARD GUIDELINES FOR INVESTIGATING AND DOCUMENTING 2Q COUNTY COMMENTS EXISTING UTILITIES". VERTICAL: NA I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WASPREPARED BY M E OR UNDER MY DIRECTSUPERVIBIDN AND THAT I AM A DULY LICENSED 2638 SHADOW LANE, SUITE 200 DESIGNEDNE J1W 2 '" � N DDS FESSI d, ENGINEERUNDE EIAWSOFTHESTATE OF MINI A BOLTON Cone:(92) 55883 E \ ° l/i•IA�K�/l\J\�/ & M E N K Phone: (952) 448-8838 Email: Chaska@bolton-menk.com CHECKED JJW 1 ffr eyan t 4 42 1/20/2024 CLIENT RRa No E24X135457000 www.bolton-menk.mm RECORD DRAWING INFORMATION Engineer, P.E. U U Design Engineer. I hereby cergy thV this plan w s 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. Date 11/20/2024 License Number 41342 Date 13Jan25 Approved: Ci of Orono: City Engineer District State Aid Engineer: Reviewed for compliance with State Aid and Federal Aid Rules/Policy Approved for State Aid and Federal Aid Funding: State Aid Engineer S.A.P.152-107-002 NORTH BROWN ROAD IMPROVEMENTS STATE AID PROJECT NO. 152-107-002 Date Date SHEET I 1 OF 8 45 EXISTING TOPOGRAPHIC SYMBOLS SURVEY SYMBOLS EXISTING PRIVATE UTILITY LINES L ACCESS GRATE O REGULATION STATION GAS BENCHMARK LOCATION o CAST IRON MONUMENT NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE CONTRACTOR SHALL FIELD VERIFY Ac AIR CONDITION UNIT SATELLITE DISH 0 CONTROL POINT ■ STONE MONUMENT EXACT LOCATIONS PRIOR TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-454-0002. ® ANTENNA SIGN TRAFFIC • MONUMENT FOUND AUTO SPRINKLER CONNECTION O SIGNAL CONTROL CABINET THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D UNLESS OTHERWISE NOTED. THIS UTILITY LEVEL WAS EXISTINGTOPOGRAPHICLINES DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 38-22, ENTITLED "STANDARD GUIDELINE FOR INVESTIGATING AND DOCUMENTING BARRICADE PERMANENT SOIL BORING EXISTING UTILITIES". F T T T UNDERGROUND FIBER OPTIC BASKETBALL POST F? SIREN RETAINING WALL E F UNDERGROUND ELECTRIC BENCH © TELEPHONE BOOTH x x x x x x FENCE G G G G UNDERGROUND GAS FENCE -DECORATIVE UNDERGROUND COMMUNICATION BIRD FEEDER ® TILE INLET GUARD RAIL of of of of OVERHEAD ELECTRIC © BOLLARD THE TILE OUTLET TREE LINE oc oc oc oc OVERHEAD COMMUNICATION ® BUSH 0 TILE RISER BUSH LINE ou ou ou ou OVERHEAD UTILITY 0 CATCH BASIN RECTANGULAR CASTING O TRANSFORMER -ELECTRIC SURVEY LINES UTILITIES IDENTIFIED WITH A QUALITY LEVEL: CATCH BASIN CIRCULAR CASTING TREE -CONIFEROUS LINE TYPES FOLLOW THE FORMAT: UTILITY TYPE - QUALITY LEVEL —o o CONTROLLED ACCESS EXAMPLE: G-A G-A UNDERGROUND GAS, QUALITY LEVEL ® CURB STOP TREE -DEAD UTILITY QUALITY LEVEL (A,B,C,D) DEFINITIONS CAN BE FOUND IN Cl/ASCE 38-22. BOUNDARY co O CLEAN OUT TREE -DECIDUOUS CENTERLINE UTILITY QUALITY LEVELS: ocLvr CULVERT END p, TREE STUMP EXISTING EASEMENT LINE a] DRINKING FOUNTAIN TRAFFIC ARM BARRIER PROPOSED EASEMENT LINE QUALITY LEVEL D: PROVIDES THE MOST BASIC LEVEL OF INFORMATION. IT INVOLVES COLLECTING DATA FROM EXISTING UTILITY RECORDS. RECORDS MAY INCLUDE AS -BUILT DRAWINGS, DISTRIBUTION AND SERVICES MAPS, EXISTING GEOGRAPHIC INFORMATION SYSTEM DATABASES, EXISTING LOT LINE CONSTRUCTION PLANS, ETC. ® DOWN SPOUT TRAFFIC SIGNAL PROPOSED LOT LINE QUALITY LEVEL C: INVOLVES SURVEYING VISIBLE SUBSURFACE UTILITY STRUCTURES SUCH AS MANHOLES, HAND -HOLES, UTILITY VALVES AND 0 ELECTRIC CAR CHARGE STATION TRASH CAN EXISTING RIGHT-OF-WAY METERS, FIRE HYDRANTS, PEDESTALS AND UTILITY MARKERS, AND THEN CORRELATING THE INFORMATION WITH EXISTING UTILITY RECORDS TO PROPOSED RIGHT-OF-WAY CREATE COMPOSITE DRAWINGS. INCLUDES QUALITY LEVEL D ACTIVITIES. OF FILL PIPE UTILITY MARKER SETBACK LINE QUALITY LEVEL B: INVOLVES DESIGNATING THE HORIZONTAL POSITION OF SUBSURFACE UTILITIES THROUGH SURFACE DETECTION METHODS AND FIRE HYDRANT A VALVE SECTION LINE COLLECTING THE INFORMATION THROUGH A SURVEY METHOD. INCLUDES QUALITY LEVEL C AND D TASKS. o— FLAG POLE ® VALVE POST INDICATOR QUARTER LINE QUALITY LEVELA: PROVIDES THE HIGHEST LEVEL OF ACCURACY. IT INVOLVES LOCATING OR POTHOLING UTILITIES AS WELL AS ACTIVITIES IN FLARED END/ APRON FT VALVE VAULT SIXTEENTH LINE QUALITY LEVELS B, C, AND D. THE LOCATED FACILITY INFORMATION IS SURVEYED AND MAPPED AND THE DATA PROVIDES PRECISE PLAN AND TEMPORARY EASEMENT PROFILE INFORMATION. O FUEL PUMP O VAULT EXISTING UTILITY LINES ABBREVIATIONS UD GRILL (�) VENT PIPE F GUY WIRE ANCHOR Ows WATER SPIGOT FORCEMAIN A ALGEBRAIC DIFFERENCE GRAV GRAVEL RSC RIGID STEEL CONDUIT > > > > > > SANITARY SEWER ADJ ADJUST GU GUTTER RT RIGHT Al HANDHOLE O WELL — — — — — — — — — — SANITARY SERVICE ALT ALTERNATE GV GATE VALVE SAN SANITARY SEWER HANDICAP SPACE 0 WETLAND DELINEATED MARKER » >> >> >> » STORM SEWER B-B BACK TO BACK HDPE HIGH DENSITY POLYETHYLENE SCH SCHEDULE U� IRRIGATION SPRINKLER HEAD WETLAND STORM SEWER DRAIN TILE BIT BITUMINOUS HH HANDHOLE SERV SERVICE I I I I WATERMAIN BLDG BUILDING HP HIGH POINT SHLD SHOULDER O IRRIGATION VALVE BOX WW WET WELL —I-1—I-1—I-1—I—I-—I-1—I-1— WATER SERVICE BMP BEST MANAGEMENT PRACTICE HWL HIGH WATER LEVEL STA STATION CP LIFT STATION CONTROL PANEL p YARD HYDRANT — wR wR wR R - wR wR— RECLAIMED WATER BR BEGIN RADIUS HYD HYDRANT STD STANDARD PROPOSED UTILITY LINES BV BUTTERFLY VALVE I INVERT STM STORM SEWER © LIFT STATION CB CATCH BASIN K CURVE COEFFICIENT TC TOP OF CURB LIGHT POLE PROPOSED TOPOGRAPHIC SYMBOLS II II II II II FORCEMAIN C&G CURB AND GUTTER L LENGTH TE TEMPORARY EASEMENT ® MAILBOX > > > > > SANITARY SEWER CIP CAST IRON PIPE LO LOWEST OPENING TEMP TEMPORARY © MANHOLE -COMMUNICATION • CLEANOUT � � � � � � � � — — — — — SANITARY SERVICE CIPP CURED -IN -PLACE PIPE LP LOW POINT TNH TOP NUT HYDRANT • MANHOLE >> >> >> >> STORM SEWER CL CENTER LINE LT LEFT TP TOP OF PIPE © MANHOLE -ELECTRIC �> �> �, —>, �, �, �> �> �> �> — STORM SEWER DRAIN TILE CL. CLASS MAX MAXIMUM TYP TYPICAL Q LIFT STATION G Q MANHOLE -GAS — I I I I I I— WATERMAIN CLVT CULVERT MH MANHOLE VCP VITRIFIED CLAY PIPE ® STORM SEWER CIRCULAR CASTING CMP CORRUGATED METAL PIPE MIN MINIMUM VERT VERTICAL Q MANHOLE -HEAT —I—'—I—'—I—'—I—'—I—'—I—'— WATER SERVICE ■ STORM SEWER RECTANGULAR CASTING PIPE CASING C.O. CHANGE ORDER MR MID RADIUS VPC VERTICAL POINT OF CURVE Q MANHOLE -RECLAIMED WATER TRENCHLESS PIPE (PLAN VIEW) COMM COMMUNICATION NIC NOT IN CONTRACT VPI VERTICAL POINT OF INTERSECTION sQ MANHOLE -SANITARY SEWER III. STORM SEWER FLARED END/ APRON 1777777777=TRENCHLESS PIPE (PROFILE VIEW) CON CONCRETE NMC NON-METALLIC CONDUIT VPT VERTICAL POINT OF TANGENT ■ STORM SEWER OUTLET STRUCTURE CSP CORRUGATED STEEL PIPE NTS NOT TO SCALE WM WATERMAIN Q MANHOLE -STORM SEWER ® STORM SEWER OVERFLOW STRUCTURE GRADING INFORMATION DIA DIAMETER NWL NORMAL WATER LEVEL Q MANHOLE -UTILITY DIP DUCTILE IRON PIPE OHW ORDINARY HIGH WATER LEVEL o CURB BOX Q MANHOLE -WATER DWY DRIVEWAY PC POINT OF CURVE AC ACRES FIRE HYDRANT 95, EXISTING CONTOUR MINOR E EXTERNAL CURVE DISTANCE PCC POINT OF COMPOUND CURVE CF CUBIC FEET O METER N WATER VALVE 950' EXISTING CONTOUR MAJOR ELEC ELECTRIC PE PERMANENT EASEMENT CV COMPACTED VOLUME e DRIVE-THRU MICROPHONE \�952� PROPOSED CONTOUR MINOR ELEV ELEVATION PED PEDESTRIAN, PEDESTAL CY CUBIC YARD 11. WATER REDUCER / \0��_� PROPOSED CONTOUR MAJOR EOF EMERGENCY OVERFLOW PERF PERFORATED PIPE EA EACH PARKING METER F�' WATER BEND PROPOSED GRADING LIMITS / SLOPE LIMITS ER END RADIUS PERM PERMANENT EV EXCAVATED VOLUME PAVEMENT MARKING — — — — — — — — — — — — — — — — — PROJECT LIMITS ESMT EASEMENT PI POINT OF INTERSECTION LB POUND © PEDESTAL -COMMUNICATION 13; WATER TEE x 953.53 x STA:5+67.19 980.87 PROPOSED SPOT ELEVATION EX EXISTING PL PROPERTY LINE LF LINEAR FEET F1� WATER CROSS 1:4 RISE:RUN (SLOPE) FES FLARED END SECTION PRC POINT OF REVERSE CURVE LS LUMP SUM O PEDESTAL -ELECTRIC - WATER SLEEVE HATCH PATTERNS F-F FACE TO FACE PT POINT OF TANGENT LV LOOSE VOLUME o PEDESTRIAN PUSH BUTTON FF FINISHED FLOOR PVC POLYVINYL CHLORIDE PIPE SF SQUARE FEET WATER CAP /PLUG PICNIC TABLE ¢ F&I FURNISH AND INSTALL PVMT PAVEMENT SV STOCKPILE VOLUME t RIP RAP BITUMINOUS GRAVEL FM FORCEMAIN R RADIUS SY SQUAREYARD POLE -UTILITY DRAINAGE FLOW FO FIBER OPTIC R/W RIGHT-OF-WAY © POST k � TRAFFIC SIGNS a CONCRETE F.O. FIELD ORDER RCP REINFORCED CONCRETE PIPE RAILROAD SIGNAL POLE GRAN GRANULAR RET RETAINING HEREBY CERTIFY THAT THIS PIAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2638 SHADOW LANE, SUITE 200 slcN FR 1J W S.A.P. 152-107-002 SHEET DDS NORTH BROWN ROAD IMPROVEMENTS FE5511 ENGINEER UNDE ELAWSOFTHESTATEOFMINNWIK/\/�' BOLTON CHASKA, MN 55318 2 & M E N K Phone: @bolt48-8838 Email: Chaska@bolton-menk.com OF FCRE D JJw 1 ffr Veyan t 4 42 1/20/2024 LIENTPROL No `24x135457000 www.bolton-menk.Dom LEGEND 8 46 STATEMENT OF ESTIMATED QUANTITIES NORTH BROWN ROAD IMPROVEMENTS NON PARTICIPATING ITEM NO. MNDOT SPEC NO. BID ITEM NOTES UNIT SAP 152-107-002 ROADWAY QUANTITY 1 2021.501 MOBILIZATION LS 1 2 2104.504 REMOVE CONCRETE (ANY THICKNESS) SF 200 3 2104.503 REMOVE CONCRETE CURB (ANY TYPE) LF 820 4 2106.507 COMMON EXCAVATION (CV) CY 90 5 1 2211.507 CLASS 5 AGGREGATE TON 190 6 2215.504 FULL DEPTH RECLAMATION (6" DEPTH) (P) SY 10620 7 2215.507 DISPOSE EXCESS RECLAIM MATERIAL OFF -SITE (CV)(P) CY 305 8 2232.504 MILL BITUMINOUS SURFACE (4" DEPTH) (P) SY 10620 9 2306.509 TYPE SP 9.5 WEAR COURSE MIX (3,B) TON 1330 10 2306.509 TYPE SP 12.5 NON -WEAR COURSE MIX (3,B) TON 2000 11 2360.509 TYPE SP 9.5 WEAR COURSE MIX (2,B) (DRIVEWAYS) TON 30 12 2501.502 CONNECT FES TO EX. PIPE EACH 1 13 2506.502 ADJUST CASTING EACH 1 14 2506.502 ADJUST CATCH BASIN EACH 22 15 2506.502 REGROUT/PATCH CATCHBASIN EACH 5 16 2506.502 EXTERNAL CHIMNEY SEAL EACH 1 17 2506.503 CONSTRUCT 27-INCH STRUCTURE OVER PIPE (INCLUDING CASTING) EACH 1 18 2531.503 B618 CONCRETE CURB LF 300 19 2531.503 SURMOUNTABLE CONCRETE CURB LF 560 20 2531.504 6-INCH CONCRETE SIDEWALK SF 120 21 2531.504 6-INCH CONCRETE DRIVEWAY SF 200 22 2531.618 TRUNCATED DOMES SF 20 23 2563.601 TRAFFIC CONTROL LS 1 24 2573.502 INLET PROTECTION EACH 23 25 2574.508 HYDRAULIC MULCH WITH SEED MIXTURE 25-151 AND 6-INCHES OF TOPSOIL SY 190 26 2575.601 LANDSCAPING ALLOWANCE 1 27 2582.503 4-INCH MULTI -COMPONENT SOLID YELLOW LF 200 28 2582.503 4-INCH MULTI -COMPONENT DOUBLE YELLOW LF 3230 29 2582.503 24-INCH MULTI -COMPONENT SOLID YELLOW LF 50 30 2582.503 4-INCH MULTI -COMPONENT SOLID WHITE LF 5970 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED "PFESSIW j ENGINEER UNDErV E LAWS OF TH E STATE OF MINNESFTA.t B O LTO N 263 PCHASK SHADOW LANE, 53138 200 Emil: Chaska@boenk.com& MENK ww.bolton-menk.com DDS CHECKED LIENT Ao,W Q1 STATE AID COMMENTS A2 COUNTY COMMENTS S.A.P.152-107-002 NORTH BROWN ROAD IMPROVEMENTS STATEMENT OF ESTIMATED QUANTITIES SHEET I 3 OF 8 47 OVERLAY NOTES: 1. THE ENGINEER WILL MARK REMOVAL LIMITS IN THE FIELD PRIOR TO CONSTRUCTION. NO WORK SHALL COMMENCE UNTIL ALL REMOVAL LIMITS ARE CLEARLY MARKED AND REVIEWED BY THE ENGINEER AND THE CONTRACTOR. 2. THE CONTRACTOR SHALL PROTECT ALL CONCRETE VALLEY GUTTERS, EDGES AND IRRIGATION/SPRINKLER SYSTEMS. REPAIR OF DAMAGED IRRIGATION SYSTEMS SHALL BE AT THE CONTRACTOR'S EXPENSE. 3. ALL REMOVAL ITEMS SHALL BE DISPOSED OF OFF -SITE IN PROPER ACCORDANCE WITH ALL FEDERAL, STATE AND LOCAL REGULATIONS. 4. MANHOLES AND GATE VALVES BOXES SHALL BE LOCATED IN THE FIELD BY THE CONTRACTOR. STRUCTURES SHOWN ON THE PLAN ARE SHOWN IN AN APPROXIMATE WAY ONLY AND IT IS NOT GUARANTEED THAT ALL MANHOLES AND GATE VALVES BOXES ARE SHOWN. 5. THE CONTRACTOR SHALL SUPPLY UNEVEN PAVEMENT AND BUMP SIGNS IF REQUIRED BY THE MNMUTCD OR ENGINEER. 6. PROJECT SHALL BE CONSTRUCTED UNDER TRAFFIC. 7. THE CONTRACTOR SHALL HAVE ONE QUALIFIED FLAG PERSON ON EACH END OF THE CONSTRUCTION OPERATION AND AT OTHER LOCATIONS (SIDE STREETS, PARKING LOT ENTRANCES, ETC.) AS REQUIRED OR DIRECTED BY THE ENGINEER. (INCIDENTAL TO TRAFFIC CONTROL.) 8. PROVISIONS SHALL BE MADE AND MAINTAINED BY THE CONTRACTOR DURING CONSTRUCTION TO PROVIDE ACCESS TO ALL BUSINESSES AND RESIDENTS AT ALL TIMES. TEMPORARY ACCESS AND/OR ADDITIONAL TRAFFIC CONTROL DEVICES MAY BE NECESSARY TO ROUTE TRAFFIC. ALL DISTURBANCE OF ANY ACCESS SHALL BE APPROVED BY THE ENGINEER PRIOR TO ANY DISTURBANCE OF THE DRIVEWAY. ALL TEMPORARY ACCESS WORK SHALL BE INCIDENTAL TO CONSTRUCTION. 9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUPPLYING, INSTALLING, ERECTING, MAINTAINING, AND THE COORDINATION OF ALL NO PARKING SIGNS TO TEMPORARILY PROHIBIT VEHICLES PARKING WITHIN THE PROJECT LIMITS DURING CONSTRUCTION IN ACCORDANCE WITH AN APPROVED PLAN. THE SIGN SIZE, COLOR, MESSAGE, ETC. SHALL BE APPROVED BY THE ENGINEER. NO SIGNS SHALL BE ERECTED WITHOUT PROPER NOTIFICATION TO THE ORONO POLICE AND ENGINEER. 10. STREETS USED AS HAUL ROUTES SHALL BE SWEPT/CLEANED DAILY IN ORDER TO PREVENT BUILDUP FROM DROPPED MILLINGS, BITUMINOUS, AC, ETC. THIS WORK SHALL BE CONSIDERED INCIDENTAL TO THE PAVING. 11. ALL TRAFFIC CONTROL DEVICES SHALL BE IN COMPLIANCE WITH THE MN MUTCD MANUAL GUIDELINES. ALL LAYOUTS SHALL CONFORM WITH THE LATEST MN MUTCD FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. 12. FIELD CONDITIONS MAY REQUIRE MODIFICATIONS OF LAYOUTS AS DEEMED NECESSARY BY THE ENGINEER. 13. THE CONTRACTOR IS RESPONSIBLE FOR ANY SIGNAGE NEEDED TO FACILITATE TRAFFIC SWITCHES OR FOR TRANSITIONING TRAFFIC FROM ONE STAGE TO ANOTHER. 14. ENGINEER WILL MARK CURB FOR REPLACEMENT. 15. PROTECT ALL DRIVEWAYS. 16. ALL TURF SHALL BE PROTECTED UNLESS AUTHORIZED OTHERWISE BY THE ENGINEER. 17. REMOVAL LIMITS EXTEND 2-FEET BEHIND CURB THAT IS REPLACED. ALL OTHER TURF RESTORATION SHALL BE COMPLETED AT THE CONTRACTORS EXPENSE. 18. TURF AREAS APPROVED FOR REMOVAL PRIOR TO CONSTRUCTION SHALL BE RESTORED WITH 6-INCHES OF TOPSOIL AND HYDROMULCH (WITH 25-151 SEED MIX). 19. ADJUST MH INCLUDES REPLACING ALL EXISTING CONCRETE RINGS. 20. ADD EXTERIOR CHIMNEY SEALS TO ALL MANHOLES AS DIRECTED. 21. ADJUST CATCH BASIN INCLUDES REPLACING ALL EXISTING CONCRETE RINGS. SOME CATCH BASINS HAVE UP TO 3-FEET OF RINGS. THE CONTRACTOR SHALL DETERMINE THE AMOUNT OF WORK REQUIRED TO ADJUST CATCH BASINS PRIOR TO BIDDING. E a 3 a� �g r8 - v HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED EY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2638 SHADOW LANE, $U TE 200 slcN ER JJ W S.A.P. 152-107-002 SHEET DRAWN DDS NORTH BROWN ROAD IMPROVEMENTS p FE5511 ENGINEER UNDE ELAWSOFTHESTATE OFE OF MINNES Tj l \ BOLTON CHASKA, MN 55318 4 �z 0 Email: Chaska@bolton-menk.com & M E N K Phone:(952)448-8838CRED OF JJW 1 ffr Veyan t 4 42 1/20/2024 24Xia'sas700o 0 www.bolton-menk.com GENERAL NOTES 8 48 o.. CL 28' F-F 2'SHOULDER VA -- - - - - - - - - - - - - - - -- - VARIES-� LL 6.25" - 9.25" BITUMINOUS 10" - 13" CLASS 5 MILL4" RECLAIM 6" REMOVE 1" OF EXCESS MATERIAL EXISTING TYPICAL SECTION 2'SHOULDER B618/SURMOUNTABLE CONCRETE CURB 9 28' F-F 2'SHOULDER 12'LANE 12'LANE 2'SHOULDER 2 2% CONCRETECURB BLE z— - - - - - - - - - - - - - - - - - - - - - - - - - - ---- L 2" BITUMINOUS WEAR TYPE SPWEA340B 3" BITUMINOUS NONWEAR SPNWB330B PROPOSED TYPICAL SECTION 1a Mom:___ 2 NO FS: Q UNICTI OTECTION DEVICEBSHALL BE MAINTAIN EDOR REPIACED ATTHED B USER—B." STEEL ROD AND LISTED ON THE DFPARIMFNTS EROSION CONTROALTELPRODUCTWROVE ACCEPTABILITY USF MAY BE SURSTRUTEO WHEN REMOVING OR CAST FOR REMTION, CARE SHALL BE TAKEN SO THATTHE ,WI SEDMA1IMFNTTMPPEDONTHE GEOTFXIILE FABRIC DO. NOT FALLIN THEINLET. GEOTE%IILF FABRIC, TYPE NEW CUURBNBRER USE WOOD ANY MATERIAL FALLING INTO THE INLET SHALL BE REMOVED IMMEDIATELY. MONOFIIAMEM<ONFORMING TO 2K4, EXTEND 10" BEYOND REQUIRED, SHALL E%iENDA SPEC. 3086HTABLL 3886-I ,)� GRATE WIDTH ON BOTH QFINISHED SIZE, INCLUDING POCXFTS WHERE RE MACHINE ICE > 11 SLOES IENGIH NBOT MINIMUM OF TIC AROUND THE PERIMETER TO FACIUTATE MAINTENANCE OR _ S' I SECURETOGRATEWITHFRONT,REMWAL TO BE MADE FROM SINGLE j WIRE OR PUISTICTIES FLAP POCKETS SHALL BE LARGE ENOUGH TO ACCEPT WOOD 2A. PIECE OF FABRIC INSTN4"."OVALH LE SHALL BE MINIMUM DOUBLE STITCHED DONOTNOTESJION TNSTTAILPROTECTION ININLIMSHALLOWERTHAN-,MEASURED HEATCUT11I ALL FOUR SEAMS ALL AROUND SIDE FROM THE BOTTOM OF THE INLET TO THE TOP OF THE GRATE, SIDE PANELS ti PIECESANDONFLAPPOCKETS TRIM EXCESS FABRIC IN THE FLOW LINE TO WITHIN 3"OFTHE GRATE. THE INSTALLED RAG SHALL HAVE AMINIMUM SIDE CLEARANCE, BETWEEN THE IN� OF3"AWHERE NECFSSARYTHE CONTRACTOR SHALLCIINCH TNF BAG, USING PVSTIC ZIP TIES, TO ACHIEVE THE 3' CLEARANCE. THE TIES SHALL SE PLACED AT A MAXIMUM OF4 FROM THE BOTTOM OF THE BAG. INLET PROTECTION GEOTEXTILE BAG NOTTOGLALE DETAIL LOG © BOLTON ORONO PLATE NO: REVISIONS: DATE: ERO-102 INLET PROTECTION & MEN K GEOTEXTILE BAG Real People. Real Solutions. 3 �1 STATE AID COMMENTS :8 _ "v IHEREBY CERTI FY THAT THIS PLAN,SPECIFICATION, OR REPORT WAS PREPARED BY ME ORUNDERMYDIRECT SUPERVISION AND THAT IAMADULY LICENSED 26385HADOWLANE,$UTE200 DESIGNED SIGN rvo SUED FORD 1 ISSUED 12/12/2024 S.A.P.152-107-002 SHEET '"" DDS NORTH BROWN ROAD IMPROVEMENTS �� FESSI 1 ENGINEER UNDE ELAWSOFTHESTATE OFE OF MINNFS Tj l \ BOLTON CHASKA, MN 55318 5 -_ & MENK Phone: (952)448-8838DXED Email: Chaska@bolton-menk.com OF 1 ffr Veyan t 1/20/2024 D24X136467000 354 0 www.bolton-menk.com TYPICAL SECTIONS & CONSTRUCTION DETAILS 8 4" 9 I I 1 1 1 Q� I I I I ml II / -1- BEGIN PROJECT: SAP 152-107-002 ° STA.1+00.00 ° o0000000o CONC\\\ INSTALL INLET PROTECTION AS DIRECTED (TYP) 24-INCH 4-INCH MULTI -COMPONENT SOLID WHITE MULTISOLID E-COMPONENTO ------- -- o 0 4-INCH MULTI -COMPONENT DOUBLE YELLOW SPACING IS 20' AT 60°ANGLE i 192 _--- _ - o 0 o tiQ 0 o BROWN ROAD N 0430 — O — 1+ — — — — 3+00 — 0 25 50 HORZ. SCALE FEET o Q o o / 191 I / BIT 2040 WAYZATA BLVD W I L 4-INCH MULTI -COMPONENT SOLID WHITE BIT 4-INCH MULTI -COMPONENT DOUBLE YELLOW I H (TYP) MULTI -COMPONENT YELLOW. SPACING IS L4-INCH T 60° ANGLE -- -- -- ---- ------------- CONIC ----- -- ----------T-------- 187 ADJUST CATCH BASIN AS DIRECTED (TYP.) 188 REPLACE CURB PANELS BIT I AS DIRECTED (TYP) 1964 WAYZATA BLVD W 650 BROWN ROAD N J0 0 4-INCH MULTI -COMPONENT SOLID WHITE 4-INCH MULTI -COMPONENT DOUBLE YELLOW BIT 93 fl+� ------------ ------------------------ ------------------------------------ ----------- 94------------------------ 9+00 — 10+00 BROWN ROAD N 1,+oo — 95 12+00 J BIT _r I J 1950 LAKESIDE TRAIL 740 BROWN ROAD N I HEREBY CERTIFY THAT THIS PUN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED RRPFESSIW j ENGINEER UNDErV E LAWS OF TH E STATE OF MINNESIRTA.t \ A2 COUNTYCOMMENTS 5+00 1975 LAKESIDE TRAIL 13+00 BIT JJW 2 REV. 01/13/2025 S.A.P. 152-107-002 SHEET I BO LTO N 2638 SHADOW LANE, SUITE 200 W Cone: (9 2) 55883 N DDS 6 & M E N K Rhone:(952)448-8838 CHECKED NORTH BROWN ROAD IMPROVEMENTS x D OF Email: Chaska@bolton-menk.com JAW CONSTRUCTION PLAN www.bolton-menk.com C LIENTPRDL No LLzaxl3sas7000 STA 0+00 - STA 13+50 1150 CONC 1 ---- ----------------J BIT 809 BROWN ROAD N 819 BROWN ROAD N 849 BROWN ROAD N BIT BIT 4-INCH MULTI -COMPONENT SOLID WHITE 4-INCH MULTI -COMPONENT DOUBLE YELLOW — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — — — — — - — — — — — — — — -- -----------------BIT BIT BIT ----------------------- BIT - BIT r- 97 - BIT ---74 ---------- 73 ------------------- ------------------------------------- -------------t716. T --T --- BIT BIT Z + \ BROWN ROAD N Z o e V ti 2 15+00 0 17+00 18+00 20+00 21 = N F N Q Q w 14+00 — — — m Q Q 76 77 — — — — — — — — — — — - - — — — — — — — - — — BIT T BIT71 I Q 1 I I O 1995 WEST FARM ROAD � \ 740 BROWN ROAD N I 744 BROWN ROAD N I \ 1990 WEST FARM ROAD z I 0 �0 \� m �4 GRADE SWAL(INCIDENTAL BETWEEN FES AND PROPOSED I n CONSTRUCT 27-INCH STRUCTURE (INSTAL DEEP) ®� ` D CB (INCIDENTAL TO CB CONSTRUCTION) v OVER EXISTING 12-INCH PVC PIPE. 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Is UMPOR REV. 01/13/2025 S.A.P. 152-107-002 SHEET DRAWN DDs NORTH BROWN ROAD IMPROVEMENTS 8 HEDREDJW CONSTRUCTION PLAN of D24X135457000 STA 28+50 - STA 38+00 8 52 AGENDA ITEM Date: February 24, 2025 Title: Engagement of Legal Defense Services Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Item: 8 Purpose: The purpose of this council item is to engage the services of an attorney to defend the city in the Dennis Walsh v. Orono & Lusian case. (27-CV-25-2808) 2. Background: The city was served with a lawsuit naming the City and the City Clerk asking the court to direct the city and the clerk to cancel the special election scheduled to take place on May 13, 2025. See Petition at Exhibit A. This case is not covered by our insurance so LMCIT will not be naming a defense attorney. Staff reached out the Mr. David Zoll of Lockridge Grindal Nauen PLLP for legal representation in this matter. 3. Cost: The hourly rates are listed in Exhibit B. Based on other election cases the firm has represented the cost of this will likely be $45,000-$65,000. Expenses for this case will be billed to the insurance fund. 4. Staff Recommendation: I recommend engaging Mr. David Zoll to represent the City and the City Clerk in this case. COUNCIL ACTION REQUESTED Move to approve the engagement letter for legal services at Exhibit B. Exhibits A. MCRO_27-CV-25-2808 Petition-Other_2025-02-15 20250218132411 B. 2025-02-18 City of Orono and Lusian Engagement Letter 53 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM STATE OF MINNESOTA COUNTY OF HENNEPIN Dennis Walsh, Petitioner, V. City of Orono, Minnesota; Christine Lusian, in her official capacity as City Clerk of the City of Orono, Minnesota, Respondents. DISTRICT COURT FOURTH JUDICIAL DISTRICT PETITION FOR CORRECTION OF ERRORS AND OMISSIONS MINN. STAT. § 204B.44 54 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM SUPPORTING DOCUMENTS 1. Affidavit of James Dickey with Exhibits A-Q; 2. Affidavit of Dennis Walsh. ii 55 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM TO: THE DISTRICT COURT OF HENNEPIN COUNTY: Pursuant to Minnesota Statutes section 204B.44, Petitioner Dennis Walsh petitions the District Court of Hennepin County for an Order quashing Respondent City of Orono's February 10, 2025 order for a special election, Resolution No. 7554, and/or requiring Respondents City of Orono and Orono City Clerk Christine Lusian to cancel and take all action necessary to cancel the special election scheduled to take place on May 13, 2025 for a seat on the Orono City Council, because there is currently no existing or anticipated vacancy for which Respondents may call a special election. Petitioner states and alleges as follows: INTRODUCTION 1. Respondent City of Orono violated Minnesota Election Law, and in particular Minnesota Statutes sections 412.02, subd. 2a and 351.02, in calling for a special election for a city council seat when there is no current or anticipated vacancy in any such seat, and Respondents are about to further violate the law unless the Court corrects this wrongful act immediately. The Court should quash the order calling for an election and order the City to cancel its scheduled special election of May 13, 2025, to prevent the unlawful holding of a special election for a council seat currently occupied by a councilmember who has lawful possession of the seat for the remainder of the term through 2026. JURISDICTION 2. This Court has jurisdiction over this matter pursuant to Minn. Stat. § 204B.44, which allows "[a]ny individual" to file a petition with the district court asking it to 1 56 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM correct an "error" or "wrongful act" that has occurred or is about to occur "of any election judge, municipal clerk, county auditor, canvassing board or any of its members ... or any other individual charged with any duty concerning an election." See Minn. Stat. § 412.02, subd. 2a ("All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable.") 3. The petition "shall be filed with ... any judge of the district court in that county in the case of an election for county, municipal, or school district office." Minn. Stat. § 204B.44(b). 4. As detailed herein, on February 10, 2025, the City Council of the City of Orono, which is located in Hennepin County, Minnesota, adopted a resolution calling for a special election when the purported "vacancy" for which the special election was called had already been filled by lawful appointment on November 25, 2024. 5. This action, brought under Minn. Stat. § 20413.44, is necessary to correct and enjoin Respondents' unlawful calling and scheduled holding of a special election under circumstances that do not meet the requirements of Minn. Stat. §§ 412.02, subd. 2a or 351.02; namely, there is no current or anticipated vacancy on the Orono City Council. PARTIES 6. Petitioner Dennis Walsh is a resident of the City of Orono, Minnesota. He is currently registered to vote and, so, is eligible to vote in the scheduled special election on May 13, 2025. Previously, he was elected mayor of the City of Orono from January X 57 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 2017 until December 31, 2024, when his most recent term ended. Affidavit of Dennis Walsh. 7. Respondent City of Orono is a statutory city located in Hennepin County, Minnesota. The governing body of the City of Orono is the City Council. Orono, Minnesota, City Code, Title I, Chapter 1, Section 1-2. The Orono City Council consists of the mayor and four councilmembers. Orono, Minnesota, City Code, Title I, Chapter 2, Article III, Section 2-37. 8. Respondent Christine Lusian is the City Clerk for the City of Orono. According to Orono, Minnesota, City Code, Title I, Chapter 2, Article IV, Section 2-145(b), the city clerk is the head of the City's administrative department and bears the responsibility for "the administration of elections." She is sued only in her official capacity. FACTUAL BACKGROUND I. In November 2024, Orono Filled the Vacancy Created by Former Council Member Matt Johnson's Resignation. 9. Before November 12, 2024, Matt Johnson was a city councilmember on the Orono City Council. 10.Johnson was elected in 2022 and was serving a four-year term through 2026. 11.On November 12, 2024, Matt Johnson submitted his letter of resignation to the Orono City Council. See Affidavit of James Dickey, Ex. A; see also Minn. Stat. § 351.01 (regarding resignations). 12. Matt Johnson's letter of resignation stated that his resignation was effective on November 12, 2024. Dickey Aff. Ex. A. 3 58 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 13.On November 12, 2024, at a regular city council meeting, the Orono City Council adopted Resolution 7530 accepting Matt Johnson's immediate resignation of council membership and declaring that a vacancy exists on the city council effective November 12, 2024. Dickey Aff. Ex. A; see also Minn. Stat. § 351.02(2) (an incumbent's resignation causes a vacancy in "[e]very office"). 14.According to Minnesota Statutes section 412.02, subd. 2a, the Orono City Council needed to fill the vacancy created by Mr. Johnson's resignation by appointment. Minn. Stat. § 412.02, subd. 2a ("a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision"). 15.On November 25, 2024, at a regular city council meeting, then -mayor Dennis Walsh moved, and then -council member Richard Crosby III 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." Dickey Aff. Ex. D; see also Dickey Aff. Exs. B & C. 16. The motion failed on a tied 2-2 vote. Dickey Aff. Ex. D. 17.According to Minnesota Statutes section 412.02, subd. 2a, in the event of a "tie vote in the council, the mayor shall make the appointment." 18. After the motion failed on the tie vote, then -mayor Dennis Walsh appointed Claire Berrett to fill the vacancy. Dickey Aff. Ex. D. 0 59 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 19. Immediately after being appointed, Ms. Berrett was sworn in, signed her oath, and took her seat at the council dais at 6:28 p.m. Dickey Aff. Exs. D & E.1 20.As of 6:28 p.m. on November 25, 2024, Ms. Berrett took possession of the seat vacated by Mr. Johnson on the Orono City Council and became the incumbent of that seat. Beginning at that moment, a vacancy no longer existed. 21. Ms. Berrett lawfully holds her seat as member of the Orono City Council as of the filing of this petition. 22. According to both the minutes of the Orono City Council regular meeting on November 25, 2024, as well as Agenda Item 15 to that meeting, both the intent and effect of then -mayor Dennis Walsh's appointment of Ms. Berrett to Mr. Johnson's vacancy was that she fill and serve the remainder of Mr. Johnson's term through 2026 and that the special election be held "at" the next regular city election. See Dickey Aff. Exs. C & D.2 23.As of 6:28 p.m. on November 25, 2024, when Ms. Berrett took possession of her seat on the Orono City Council and became the incumbent, the vacancy created by 1 See also City of Orono, Minnesota, City Council Meeting, Monday, November 25, 2024, available at https://oronomn.new.swagit.com/videos/321259 (last accessed Feb. 11, 2025). Ms. Berrett's swearing in begins at around 00:26:00 minutes. 2 See also City of Orono, Minnesota, City Council Work Session, Monday, January 27, 2025, available at https://youtu.be/EM3aD4pxLNM?si=HbYYSgsmfLnrmUx5 (see 23:20-24:50) (last accessed Feb. 10, 2025) (Mayor Bob Tunheim: "I want to fix what I think the prior council did in overreaching by saying that Miss Berrett was named until the end of that next term, and I don't read the statute as allowing that.") (emphasis added); City of Orono, Minnesota, City Council Meeting, Monday, February 10, 2025, available at https:Horonomn.new.swagit.com/videos/334379 (see 01:26:02 - 01:26:40) (last accessed Feb. 11, 2025) (Mayor Bob Tunheim: "You [Claire Berrett] were appointed for the balance of the term....") (emphasis added). 5 60 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM Mr. Johnson's resignation ceased to exist. In other words, there was no longer a vacancy on the Orono City Council. 24. The vacancy created by Mr. Johnson's resignation no longer exists, nor is it ongoing or continuing. 25.As of the filing of this petition, there is no current or anticipated vacancy on the Orono City Council. 26. Minnesota Statutes section 412.02, subd. 2a states that, "If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term." See also Minn. Stat. § 205.10, subd. 2 ("Special elections shall be held in statutory cities to fill vacancies in elective city offices as provided in section 412.02, subdivision 2a."). 27.At the time Mr. Johnson resigned and the Orono City Council accepted his resignation and declared a vacancy, the next regular city election was scheduled for November 3, 2026. See City of Orono, Minnesota, Elections, available at https://www.oronomn.gov/261/Elections (last accessed Feb. 10, 2025); Dickey Aff. Ex. C. 28.At the time Mr. Johnson resigned and the Orono City Council accepted his resignation and declared a vacancy, more than two years remained in Mr. Johnson's unexpired term. ,: 61 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 29. Therefore, the Orono City Council was required to hold a special election "at or before the next regular city election." Minn. Stat. § 412.02, subd. 2a. 30. Minnesota Statutes section 412.02, subd. 2a states that "[t]he council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election." 31. Neither at the time Mr. Johnson resigned, nor when the Orono City Council accepted his resignation and declared a vacancy, nor when Ms. Berrett was appointed to Mr. Johnson's vacancy, did the City of Orono have an ordinance specifying "under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election." See Dickey Aff. Ex. C ("The statute includes conditions where a special election is used to fill a vacancy. One of the conditions is that the city code contains a special election provision. The Orono code does not contain a special election section. After consulting with the Minnesota Secretary of State office and legal review, the City Attorney concluded there is no authority for the city to adopting [sic] an ordinance authorizing a special election at a time other than the regular city election to fill a vacancy that has already been filled by appointment.") (emphasis added). 32. Since the City of Orono did not have such an ordinance as required under Minn. Stat. § 412.02, subd. 2a, either before Mr. Johnson's vacancy occurred or at the time of Ms. Berrett's appointment, Ms. Berrett's appointment is valid until December 31, 2026. R 62 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 33. Since the City of Orono did not have such an ordinance as required under Minn. Stat. § 412.02, subd. 2a, either before Mr. Johnson's vacancy occurred or at the time of Ms. Berrett's appointment, the City of Orono had no legal option to appoint Ms. Berrett for less than the full remainder of Mr. Johnson's term. 34. Likewise, at the time of Ms. Berrett's appointment, the City of Orono had no legal authority to call for a special election before the time of the next regular city election, November 3, 2026. 35. Neither at the time Mr. Johnson resigned, nor when the Orono City Council accepted his resignation and declared a vacancy, nor when Ms. Berrett was appointed to Mr. Johnson's vacancy, did the City of Orono call for a special election. 36. Pursuant to the appointment made by then -mayor Dennis Walsh on November 25, 2024, and according to Minnesota Statutes Section 412.02, subd. 2a, Ms. Berrett currently holds the right to the office of councilmember on the Orono City Council, and she is entitled to hold that office until the qualification of a successor elected at the special election held at the next regular city election on November 3, 2026. See also Minn. Stat. § 412.02, subd. 2 ("Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify."). 37. The only time an ordinance that allows for the calling of a special election sooner than a regular city election can apply is "to fill a vacancy" which occurs under Minnesota law. Minn. Stat. §§ 412.02, subd. 2a & 351.02. In other words, a vacancy must first exist before a special election can be called by ordinance. 63 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 38. A vacancy cannot exist where there is a current "incumbent" holding an office. Minn. Stat. §§ 351.01, .02. II. The 2025 Orono City Council Adopted a Special Election Ordinance Over Two -and -One -Half Months After Johnson's Vacancy Had Already Been Filled. 39.On November 5, 2024, the City of Orono held a general city election at which two city council seats and the office of mayor were elected. 40. As a result of the general election held on November 5, 2024, Bob Tunheim was elected mayor of the City of Orono and Jacqueline Ricks and Steve Persian were elected as Orono City Council members. 41. Bob Tunheim, Jacqueline Ricks, and Steve Persian began their terms of office in January 2025. See Minn. Stat. § 412.02, subd. 2 ("Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify."); but see Orono, Minnesota, City Code, Title I, Chapter 2, Article II, Sec. 2-36 ("The mayor and councilmembers shall take office on January 1 next following the election.") 42.On January 27, 2025, the Orono City Council met for a work session. See Dickey Aff. Ex. F. 43. At the January 27 work session, the Orono City Council discussed special elections. See Dickey Aff. Exs. G & H. 44.At the January 27 work session, Mayor Bob Tunheim said: "I read the statute [i.e., Minn. Stat. § 412.02, subd. 2a] to say we have to have a special election. It's just a question of whether we need an ordinance to do a special election. I got conflicting M 64 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM advice from the general counsel at the Secretary of State's office who said if you don't —his read is if you don't have an ordinance it falls back to state law and state law provides for special elections. So we wouldn't necessarily have to do this, but I want to, I want to fix what I think the prior council did in overreaching by saying that Miss Berrett was named until the end of that next term, and I don't read the statute as allowing that. It's required —a special election is required. Now, we could say that that special election is the next general election which is almost two years from now, but that doesn't seem to me to meet the spirit of the requirement that we have a special election when there's more than two years remaining on the term. So, the path of least resistance is to adopt an ordinance." (cleaned up of repetitions and fillers; emphasis added)..3 45. Thus, Mayor Tunheim admitted that Ms. Berrett was appointed until the end of former councilman Johnson's term under the law when the vacancy was filled. 46.On February 10, 2025, the Orono City Council met for a regular city council meeting. See Dickey Aff. Ex. I. 3 City of Orono, Minnesota, City Council Work Session, Monday, January 27, 2025, available at https://youtu.be/EM3aD4pxLNM?si=HbYYSgsmfLnrmUx5 (see 23:20- 24:50) (last accessed Feb. 10, 2025). See also City of Orono, Minnesota, City Council Meeting, Monday, February 10, 2025, available at https://oronomn.new.swayit.com/videos/334379 (see 01:26:02 - 01:26:40) (last accessed Feb. 11, 2025) (Mayor Bob Tunheim: "You [Claire Berrett] were appointed for the balance of the term, through twelve, thirty one, twenty six [12/31/26]. I believe that exceeded the council's authority because the statute is very clear ... that you could really only be appointed until the next —until the special election, which could have been to the general election....") (emphasis added). will 65 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 47. At the February 10, 2025 regular city council meeting, the Orono City Council adopted Ordinance No. 307, "An Ordinance Amending the Code of Ordinances to Clarify the Procedures and Timing of Special Elections to Fill Declared Vacancies in Elected Offices." Dickey Aff. Exs. J, K, & L.4 48. City of Orono Ordinance No. 307 amended the Orono, Minnesota, City Code to provide for special elections to fill certain vacancies in elected offices at times other than at regular city general elections. See Dickey Aff. Ex. K. 49. City of Orono Ordinance No. 307 defines "vacancy" with reference to "Minnesota Statutes Section 351.02 or other state law." Dickey Aff. Ex. K. 50. Under section 6-3, titled "Special election timing," City of Orono Ordinance No. 307 states: "After a vacancy is declared on the City Council and a person appointed to fill the vacancy, a special election shall be held pursuant to Minnesota Statute Section 412.02, subd. 2a if there are more than 365 days remaining until the next general election. The Council may by resolution establish the dates of filing affidavits of candidacy for the office, the time for absentee balloting, and the dates of the special election, as well as other provisions for the effective administration of the elections. The special election must be held on one of the uniform election dates pursuant to Minn. Stat. 205.10, subd. 3a." Dickey Aff. Ex. K. 51. According to Minn. Stat. § 412.02, subd. 2a, the City of Orono Ordinance No. 307 cannot be applied retroactively to a vacancy that has already occurred and been 4 City of Orono, Minnesota, City Council Meeting, Monday, February 10, 2025, available at https://oronomn.new.swagit.com/videos/334379 (see 01:01:57 - 01:05:13) (last accessed Feb. 11, 2025). 11 66 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM filled: "The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election." (emphasis added). III. The 2025 Orono City Council Called for a Special Election for a Seat for Which There Is No Vacancy —Claire Berrett Was Appointed Months Ago and Holds the Seat. 52. Despite no vacancy existing, on February 10, 2025, the Orono City Council adopted Resolution No. 7554 "order[ing] a special municipal election to be held on Tuesday, May 13, 2025, to fill the vacancy on city council...." Dickey Aff. Ex. N; see also Dickey Aff. Ex. M..5 53. Resolution No. 7554 admits that the vacancy created by Matt Johnson's resignation was filled by the appointment of Claire Berrett on November 25, 2024. Dickey Aff. Ex. N. 54.At the time the Orono City Council adopted Resolution No. 7554, there was no existing or anticipated vacancy on the Orono City Council. 55.At the time of the filing of this petition, there is no current or anticipated vacancy on the Orono City Council. 56.Orono City Council Member Claire Berrett is currently the rightful incumbent of the City Council seat for which Resolution No. 7554 purports to order a special election. 5 City of Orono, Minnesota, City Council Meeting, Monday, February 10, 2025, available at https://oronomn.new.swagit.com/videos/334379 (last accessed Feb. 11, 2025) (see 01:05:14 - 01:35:02). 12 67 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 57. The Orono City Council's adoption of Resolution No. 7554 is either an error, a wrongful act, or both. 58. City Clerk Lusian's current or future act of scheduling, arranging, or administering a special election on May 13, 2025 is an error or wrongful act that has happened or is about to happen. IV. Absent This Court's Intervention, a Special Election Will Be Unlawfully Held on May 13, 2025. 59. Resolution No. 7554 "orders a special municipal election to be held on Tuesday, May 13, 2025." Dickey Aff. Ex. N. 60. Resolution No. 7554 also orders actions relating to the May 13 special election to be completed by Orono officials and employees, by law under the authority of the Orono City Clerk, Orono, Minnesota, City Code, Title I, Chapter 2, Article IV, Section 2-145(b), and the dates on or by which those and other actions are to be commenced or completed. Dickey Aff. Ex. N. 61. These actions, whether they have already taken place or are about to take place, are errors and wrongful acts which may be corrected pursuant to Minn. Stat. § 62. This Court's intervention is necessary to correct and prevent completed and imminent unlawful acts and errors. 13 68 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM RESPONDENTS' ERRORS AND LEGAL BASIS FOR CORRECTION 63. For the reasons stated above and below, this Court should grant this petition to correct Respondents' past and imminent errors and wrongful acts. I. The Court Has Jurisdiction Over This Petition and the Respondents, and This Petition Properly Proceeds Under Section 204B.44 and in This Court, Which Can Grant the Relief Requested. 64. Under Minn. Stat. § 204B.44(a)(4), the Court has jurisdiction to correct "any wrongful act ... or error of any... municipal clerk... canvassing board ... or any other individual charged with a duty concerning an election." 65. Minnesota Election Law, including section 20413.44, applies to whether a municipal special election is validly held. Minn. Stat. § 412.02, subd. 2a; Order, Minn. Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025). 66. Petitioner Walsh is an "individual" who can bring suit under Minn. Stat. § 67. Respondent City of Orono, through its "governing body," the city council, is charged with filling a vacancy, calling a special election "to fill a vacancy," and canvassing the election results. Id.; Minn. Stat. §§ 205.10 (special election), 205.185, subd. 3 (canvassing) & 412.02, subd. 2a (special election). 68. Respondent Lusian, as City Clerk, is statutorily required to notice and certify special elections, Minn. Stat. § 412.151, subd. 1, and also is charged with the administration of elections by the Orono City Code. Orono, Minnesota, City Code, Title I, Chapter 2, Article IV, Section 2-145(b). 14 69 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 69. This Court is the proper court in which to file the Petition: "The petition shall be filed with ... any judge of the district court in that county in the case of an election for... municipal... office." Minn. Stat. § 204B.44(b). 70. This Court has the authority under Minn. Stat. § 204B.44 to quash a resolution or other official action calling for an election, cancel an election, and order Respondents to provide the complete relief sought in this Petition. Order, Minn. Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025). II. Respondents' Actions Violate Minnesota Election Law, So the Special Election Must Be Cancelled. 71. The Orono City Council's actions ordering or calling for a special election and ordering other acts related to that election, such as those of the Orono City Clerk, violate Minn. Stat. § 351.02, Minn. Stat. § 412.02, subd. 2a, Minn. Stat. § 205.10, and otherwise violate Minnesota Election Law because: a. there is no current or anticipated vacancy for which the Orono City Council could call a special election, Order, Minn. Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025); Minn. Stat. § 351.02, and b. the City of Orono cannot retroactively apply its Ordinance No. 307 to a previously filled vacancy to which a now -sitting city councilmember was expressly appointed for the remainder of the unexpired term. 72. Because Respondents have violated and are about to violate Minnesota Election Law, the Court should quash the Respondents' unlawful resolution ordering a special election, cancel the election, and order Respondents to take all action necessary to accomplish those orders. 15 70 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM A. An Election Cannot Be Called for an Office for Which There Is No Vacancy, and There Is No Current or Anticipated Vacancy on the Orono City Council. 73. A special election to fill a vacancy can only be called when there is a vacancy. See Order, Minn. Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025). Thus, in Minnesota Voters Alliance v. Walz, just a month ago the Minnesota Supreme Court quashed Governor Walz's writ of election calling for a special election in Houe District 40B because it was issued "prematurely" —while Rep. Jamie Becker -Finn held the seat in question. Id. at 3-4. The rule is: no vacancy, no special election. 74. The vacancy declared by the Orono City Council on November 12, 2024, upon the resignation of former Orono City Council member Matt Johnson, was lawfully filled by then -Mayor Dennis Walsh's appointment on November 25, 2024. See Dickey Aff. Exs. A, C, D, & E. 75. Walsh's appointment of Claire Berrett to fill Mr. Johnson's vacancy for the remainder of the unexpired term through 2026 was a lawful act performed in accordance with Minn. Stat. § 412.02, subd. 2a. 76. The express intent and effect of Walsh's appointment of Claire Berrett to fill Mr. Johnson's vacancy was that Ms. Berrett was to fill the remainder of the unexpired term through 2026 and that the special election be held "at" the next regular city election. See Dickey Aff. Exs. C & D ("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."). 16 71 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 77. Mayor Bob Tunheim, for one, admits this. See supra ¶44 & n.3 (Mayor Tunheim acknowledging the 2024 City Council's intent to appoint Ms. Berrett for the remainder of Mr. Johnson's unexpired term). He and his fellow council members just don't like this. Id. ("So we wouldn't necessarily have to do this, but I want to, I want to fix what I think the prior council did in overreaching by saying that Miss Berrett was named until the end of that next term, and I don't read the statute as allowing that."). 78. Upon information and belief, neither Mr. Tunheim, nor any other citizen of Orono, brought a civil action to challenge the appointment of Ms. Berrett as an "overreach." 79. Neither would any such lawsuit have merit, because Minnesota has long held that an appointment for the full remainder of a term of office following a vacancy is not "overreaching"; rather, it is reasonable and lawful. State ex rel. Evans v. Borgen, 248 N.W. 744, 745 (Minn. 1933) ("It is true that an elective office should not be filled by appointment for a longer period than reasonably necessary. But an appointment for the unexpired term cannot be held unreasonable. In fact the contrary has long since been declared to be the law in this state."). 80. The Supreme Court in State ex rel. Loring v. Benedict, 15 Minn. 198, 204 (1870), made this abundantly clear: "the legislature is not restrained from making such provision for filling vacancies by appointment until a next general election, or for the balance of an unexpired term, as may be deemed advisable." 17 W 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 81. That is what Minn. Stat. § 412.02, subd. 2a provided for when Claire Berrett was appointed to the remainder of Matt Johnson's term, and that is what then -Mayor Walsh did by appointing her in 2024. 82. Likewise, the Attorney General has opined on several occasions that the council filling a vacancy for the remainder of a term is not "overreach," but rather a normal and lawful course of filling vacancies in municipal offices. Dickey Aff. Ex. O (Op. Atty. Gen. 471M, March 2, 1962) (opining that village mayor's appointment was authorized under statute permitting that "in case of a tie, the mayor shall fill the vacancy by appointment for the unexpired term...." (quoting Laws 1961, Chapter 230, § 1, Subd. 2)); Dickey Aff. Ex. P (Op. Atty. Gen. Oct. 18, 1951) (interpreting Minn. Stat. § 212.34 (1949), stating "where a vacancy has occurred it is incumbent upon the council to fill the same for the remainder of the term."). 83. Upon the appointment of Ms. Berrett to Mr. Johnson's vacated seat, there ceased to be a vacancy on the Orono City Council. 84. Ms. Berrett is thus the current "incumbent" of the seat to which she was appointed. See Clark v. Pawlenty, 755 N.W.2d 293, 308 (Minn. 2008) ("The dictionary definitions of `incumbent' include `[a] person who holds an office' and `[c]urrently holding a specified office.' The American Heritage Dictionary of the English Language 889 (4th ed. Houghton Mifflin 2000)"); State ex rel. Loring v. Benedict, 15 Minn. 198, 201 (1870) ("an `incumbent' of an office; that is to say, to a person in possession of an office. Bouv. Law Dict. tit. "Incumbent;" Worcest. Dict.; Webst. Dict.") (emphasis original)); see also Imsdahl v. Weeks, 197 N.W. 973, 973 (Minn. 1924) ("The MV 73 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM appointment was made on December 13, 1922. Relator qualified and is the present incumbent of the office."); State ex rel. Carlson v. Strunk, 18 N.W.2d 457, 459 (Minn. 1945) (stating that one who is appointed "h[o]ld[s] his office as of right." (quoting Martin v. Dodge Cty.,178 N.W. 167, 168 (Minn. 1920))); State ex rel. Childs v. O Zeary, 66 N.W. 264, 265 (Minn. 1896) ("a prospective appointment to fill a vacancy sure to occur in a public office, made by an officer who, or a body which, as then constituted, is empowered to fill the vacancy when it arises, is, in the absence of a law forbidding it, a valid appointment, and vests title to the office in the appointee."). 85. Thus, Ms. Berrett holds "title to the office" to which she has been appointed, and that "title" cannot be taken away by a declaration ordering an election. Only upon a "vacancy" can a special election be ordered. 86. Nonetheless, Orono Resolution No. 7554 purports to call for a special election for the city council seat to which Ms. Berrett was appointed. This is equivalent to declaring a vacancy that does not exist. This is unlawful. 87.It has been clear for the entirety of Minnesota's existence that a vacancy can only arise under specific circumstances provided for by the legislature. Compare Gen. St. ch. 9, §2 (1866),6 with Minn. Stat. §351.02 (2024). 88.As the Minnesota Supreme Court has expressly held: The `power to fill does not confer power to declare a vacancy.' Throop, Public Officers, p. 422, §437; `and a vacancy must exist before an election to fill it can be ordered and an election to fill an anticipated vacancy is not valid unless expressly authorized by the charter or statute.' 1 Dillon, Mun.Corp., 5th Ed., p. 721, §414. 6 Available at https://www.revisor.mn.gov/statutes/1866/cite/9/pdf (last accessed Feb. 14, 2025). we, 74 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM State ex rel. Dosland v. Holm, 279 N.W. 218, 220 (Minn. 1938). 89.In other words, just because Orono gives itself the power to fill a vacancy by ordinance does not mean it can use that power to declare a vacancy, which it has done by calling a special election. But it cannot, because Claire Berrett is an incumbent by virtue of her appointment until at least December 31, 2026. 90. There being no vacancy in any Orono City Council seat, the Orono City Council's adoption of Resolution No. 7554 and its order for a special election constitutes an error, a wrongful act, or both. See Minn. Stat. § 351.02 (defining when vacancies occur); State ex rel. Peterson v. Bensel, 259 N.W. 389, 390 (Minn. 1935) (stating that State ex rel. Evens v. Borgen, 248 N.W. 744 (Minn. 1933), "holds that no lawful ballots can be cast for the office of sheriff at a general election unless the term of the incumbent, whether elected or appointed, expires on the first Monday of January following the election."); see also Order, Minn. Voters All. v. Walz, No. A25- 0017 (Minn. Jan. 17, 2025) (quashing Governor Walz's unlawful writ of election and cancelling House District 40B election). B. An Ordinance Cannot Be Applied Retroactively to Effectively Remove an Officeholder from Office Before the Expiration of the Full Term of Appointment, so Ordinance No. 307 Cannot Be Applied to Claire Berrett's Seat. 91. Under the Minnesota Constitution, the legislature has full authority to define municipal power, such as the power to call a special election and the timing of a special election. Minn. Const. art. XII, §3. 20 75 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 92. The default rule for special elections after appointment of an officer to a vacant municipal council seat is a special election at the same time as the next "regular city election." Minn. Stat. § 412.02, subd. 2a. 93. Minnesota Statutes section 412.02, subd. 2a states that a city council "must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election." (emphasis added). In other words, the city council must pass an ordinance to deviate from the default time of the next "regular city election." 94.Any such ordinance may only apply to future circumstances by the plain meaning of the statutory terms. The term "will" refers to timing, and where "will" refers to timing, it speaks of a future event. See Muirhead v. Johnson, 46 N.W.2d 502, 506 (Minn. 1951). ("[T]he word `will' in the third person -- like `shall' in the first person -- ordinarily denotes simple futurity."). 95. Further, the reference to filling a vacancy inherently applies to actions a city must take at a future date. It presumes that a vacancy would arise and the city would have to take action to end that vacancy. Orono's example proves this point: since there is no current vacancy in Orono, an ordinance to fill a vacancy by special election can only be future -looking. 96.Any valid ordinance can only do what state law enables it to do; a local ordinance cannot do what state law does not authorize. See Bicking v. City of Minneapolis, 891 N.W.2d 304, 313 (Minn. 2017) ("A municipality `cannot enact a local regulation that conflicts with state law' or enact a regulation when state law `fully 21 76 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM occup[ies] a particular field of legislation."' (quoting City of Morris v. Sax Inns., Inc., 749 N.W.2d 1, 6 (Minn. 2008)). "A conflict exists between state law and a municipal regulation when the law and the regulation `contain express or implied terms that are irreconcilable with each other,' when `the ordinance permits what the statute forbids,' or when `the ordinance forbids what the statute expressly permits."' (quoting Mangold Midwest Co. v. Richfield, 143 N.W.2d 813, 816 (Minn. 1966))). 97.And, perhaps more to the point, Minnesota law simply does not grant a city power to pass a retroactive special -election ordinance. It can pass a future -looking ordinance, to be sure. But that ordinance cannot apply retroactively because state law does not explicitly provide for it. See Minn. Stat. § 645.21 ("No law shall be construed to be retroactive unless clearly and manifestly so intended by the legislature."); Duluth Firemen's Relief Assn v. Duluth, 361 N.W.2d 381, 385 (Minn. 1985) ("Section 645.21 requires that there be much clearer evidence of retroactive intent in the statute's language -- such as mention of the word `retroactive' -- before we determine that a statute was intended to be applied retroactively."); see also Dickey Aff. Ex. Q (Op. Atty. Gen. 471-M, Aug. 22, 1963) ("the rule is that statutes will not be construed to shorten the terms of incumbent officers unless the intent is plainly and clearly expressed." (quoting State ex rel. Stutsman v. Light, 281 N.W. 777, 779 (N.D. 1938))); 3 McQuillin Mun. Corp. § 12:164 (3d ed.) ("Unless otherwise provided by law, one holds until the office is filled as the law prescribes."). 98. Under these principles, to appoint a person to a city council position subject to a special election at a time other than "the regular city election," Minn. Stat. § 412.02, 22 77 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM subd. 2a requires a city council to already have in place a special -election ordinance whose effect "will" —a future -looking term —be triggered by the occurrence of "a vacancy." Id.; Order, Minn. Voters All. v. Walz, No. A25-0017 (Minn. Jan. 17, 2025). 99. Put differently, only if there is (1) a special -election ordinance in place and (2) a vacancy occurs can a city council hold a special election "before" the next regular city election, as opposed to the default, "at" the next "regular city election." 100. Again, the express intent of both the motion to appoint and the actual appointment of Ms. Berrett by then -Mayor Dennis Walsh was that she fill the seat for the remainder of the unexpired term and that the special election be held "at" the next regular city election. So, the City Council of Orono could not subsequently retract the effect of that appointment by adopting a resolution, such as Resolution No. 7554, calling for a special election "before" the next regular city election. 101. Since the City of Orono did not adopt a special -election ordinance prior to the occurrence of Mr. Johnson's vacancy or at the time Ms. Berrett was appointed, the Orono City Council could not then —and still cannot now —call for a special election for the seat held by Ms. Berrett "before" the next regular city election. We repeat: no vacancy exists in Orono. The City Council cannot apply a post -appointment ordinance to shorten Ms. Berrett's "title" to the office. 102. This situation is similar in some respects to that encountered by the Rhode Island Supreme Court concerning an appointment by that state's governor of a lieutenant governor and an attempt by the General Assembly to shorten the 23 78 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM appointee's term. In re Request of the Senate for an Advisory Op., 696 A.2d 277, 280 (R.I. 1997). 103. In Request of the Senate for an Advisory Opinion, the court explained: We also hold, however, that the proposed legislation violates article 9, section 5, of the State Constitution insofar as it applies its provisions retroactively. After a Governor has exercised his constitutional authority under article 9, section 5, by filling a vacancy in office "not otherwise provided for by this Constitution or by law," that appointment continues "`until the normal elective power shall act."' The Rhode Island General Assembly could not, the court held, shorten that term. Id. 104. The Rhode Island court also noted that "if the General Assembly had enacted a statute such as § 17-2-4.1 before the Governor had exercised his constitutional authority under article 9, section 5, we have no doubt but that such an enactment would have been held constitutional." Id. 105. There are important similarities here. Had the Orono City Council enacted an ordinance allowing for a special election at a different time than the regular city election prior to the appointment of Ms. Berrett, and then appointed her until an early special election were to take place, that would probably be valid absent some other defect. That is just like the hypothetical drawn by the Rhode Island Supreme Court as to what the state General Assembly could have done, constitutionally. 106. Orono didn't do that. Instead, the Orono City Council failed to pass an ordinance. Then it failed to exercise the appointment power due to the tied 2-2 vote. Consequently, under Minn. Stat. § 412.02, subd. 2a, then -Mayor Dennis Walsh lawfully appointed Ms. Berrett for the remainder of the unexpired term, through the 24 79 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM end of 2026. The vacancy ended, and the appointment was for the remainder of the term. That term cannot now be shortened by Respondent Orono. 107. While this Court need not reach the constitutional question if it holds in favor of Petitioner on the statutory basis described above, the Minnesota Constitution also bars retroactive application of a statute designed to shorten the holding of a legislative seat. 108. The Constitution provides that a municipal officeholder can only be removed from office in limited circumstances, and none of those circumstances apply to terminate Ms. Berrett's office prior to the end of 2026. 109. Under Minn. Const. art. VIII, § 5, the legislature "may provide for the removal of inferior officers for malfeasance or nonfeasance in the performance of their duties." See also Jacobs v. City of Columbia Heights, 9 N.W.3d 536, 540 (Minn. 2024) ("municipal officers ... `may not be removed except for malfeasance or nonfeasance in office."' (quoting Jacobsen v. Nagel, 96 N.W.2d 569, 572-73 (Minn. 1959)). 110. There is no other provision under the Minnesota Constitution by which a municipal officer can be removed from office. 111. Passing an ordinance for the sole purpose of removing an officer, and then calling a premature special election for Claire Berrett's council seat, when an appointment had been made for the remainder of a term to expire at the end of 2026, is like a removal proceeding in that it forces the end of the incumbent's control of the seat and sets up a mechanism for replacing that official through the special -election process. 25 80 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 112. The public clearly understand that Respondent Orono's intent is to do just that. Liz Navratil, Orono calls special election that could unseat council member amid political drama, The Minnesota Star Tribune, Feb. 12, 2025 (6:30 AM), https://www.startribune.com/orono-special-election-city-council/601220897 ("Orono residents will vote for a City Council member in May in a special election that could unseat a member whose recent appointment by the former mayor proved controversial.") (emphasis added). 113. Petitioners acknowledge that the legislature allows municipalities to call special elections for seats where appointments are made until a special election at a time other than the next regular city election. See Minn. Stat. § 205.10; Minn. Stat. § 412.02, subd. 2a. But consistent with the limitations on removing officials from office, those provisions must narrowly construed and only applied forward -looking to avoid abuse, such as the passage of an ordinance like Ordinance No. 307 to achieve political ends. Ordinances like No. 307 cannot be applied retroactively to vacancies that have already been filled for the remainder of an unexpired term, whether as a matter of statutory construction, constitutional principle, or good public policy. 114. Therefore, under these circumstances, Respondent Orono committed a wrongful act, an error, or both by adopting Resolution No. 7554 that applies Ordinance No. 307 retroactively in contravention of Minn. Stat. § 412.02, subd. 2a and the Minnesota Constitution. 26 81 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully prays for an Order of the Court as follows: A. Immediately setting a briefing schedule and time for hearing, pursuant to Minn. Stat. § 204B.44(b), such that: 1. Respondents' brief is due Friday, February 21, 2025 at 4:30 PM, 2. Any reply brief of Petitioner is due by Tuesday, February 25, 2025 at 4:30 PM, and 3. A hearing takes place no later than February 28, 2025, or at such sooner or other times as the Court may direct; B. Ordering Respondents to correct the wrongful acts and errors described herein or show cause for not doing so at the aforementioned hearing; C. Quashing City of Orono Resolution No. 7554, or ordering its recall; ordering Respondents to take all steps necessary to cancel the special election they scheduled for May 13, 2025; and enjoining all Respondents from taking any action to hold a special election for Orono City Council Member Berrett's seat on May 13, 2025; D. Granting Petitioner such other and further relief as the Court deems just and appropriate. Dated: February 15, 2025 UPPER MIDWEST LAW CENTER /s/ James V. F. Dickey Douglas P. Seaton (#127759) James V. F. Dickey (#393613) Austin M. Lysy (#505052) 12600 Whitewater Dr., Suite 140 Minnetonka, Minnesota 55343 doug.seaton@umlc.org james.dickey@umlc.org austin.lysy@umlc.org (612) 428-7000 Attorneys for Petitioner 27 82 27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM ACKNOWLEDGMENT The undersigned acknowledges that sanctions may be imposed pursuant to Minn. Stat. § 549.211, subd. 3. Dated: February 15, 2025 /s/ James V. F. Dickey James V. F. Dickey (#393613) 83 David J. Zoll djzoll@locklaw.com 612-596-4028 February 18, 2025 Hon. Bob Tunheim Mr. Adam Edwards Mayor City Administrator City of Orono City of Orono 2750 Kelley Parkway 2750 Kelley Parkway Orono, MN 55356 Orono, MN 55356 Ms. Christine Lusian City Clerk City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Engagement Letter for Legal Services Dear Mayor Tunheim, Mr. Edwards, and Ms. Lusian: MINNEAPOLIS 100 Washington Avenue South Suite 2200 Minneapolis, MN 55401-2179 P: 612.339.6900 This letter confirms that the City of Orono ("City") wishes to engage the law firm of Lockridge Grindal Nauen PLLP ("LGN") to represent the City and its City Clerk, Ms. Christine Lusian, in connection with the special election to fill a vacancy on the City Council including representation in the matter of Walsh v. City of Orono, et al., Court File No. 27-CV-25-2808 (Henn. Cty.). Fees and Expenses. LGN agrees to represent the City and Ms. Lusian and will bill at the following hourly rates: $385 per hour for partners and $315 per hour for associates. LGN will also bill for out-of-pocket expenses it incurs in connection with the representation such as, postage, photocopies, telephone charges, messenger fees, travel expenses, service of process, filing fees, computerized legal research, and similar charges. LGN understands that the City will be responsible for the payment of all fees and expenses relating to this engagement. LGN will bill for fees and expenses on a monthly basis, and LGN expects payment within thirty (30) days of billing. LGN's billing entries include date, description, timekeeper and actual time incurred and itemized expenses. Of course, you should always feel free to contact us if there are any questions or concerns regarding billings. If LGN's fees and expenses are not paid timely, we reserve the right to terminate our services and withdraw from any matter or proceeding then pending consistent with the applicable Rules of Professional Responsibility. Conflicts of Interest. Based on the information we have received, it does not appear that there is any conflict which would prevent LGN from representing the City and Ms. Lusian in this matter. In the unlikely event that such a conflict should come to our attention, we will inform you immediately and discuss how to proceed. LOCKRIDGE GRINDAL NAUEN PLLP 84 Mayor Bob Tunheim Mr. Adam Edwards Ms. Christine Lusian City of Orono February 18, 2025 Page 2 Electronic Data Communication and Use of Cloud Services. LGN may use reputable third - party service providers, including "cloud" service providers, to help us deliver efficient, cost- effective legal services. This may include document/information hosting, sharing, transfer, analysis, processing or storage. By entering into this agreement, you understand and consent to having communications, documents and other data pertinent to your matter managed through such third -party technology, including where your confidential information may be stored on and accessed from such cloud -based computer servers located in a facility not directly controlled by the LGN. You acknowledge that the use of such services may be subject to the terms and conditions of the provider and accept that the LGN is not responsible for the security of the data, the provider's security standards, or the risk that the security of information on such cloud -based platforms may be breached. You agree that the benefits of using such technology outweigh the risks, including risks related to confidentiality and security. Document Retention. LGN has adopted a document retention policy that governs the retention and disposition of closed client files. At the conclusion of the matter for which you have retained us, we will return all original client documents to you. At that time, you will have 60 days to let us know if you want certain of the documents which remain in the file. If you notify us within this 60 days, we will not destroy the file until you have had an opportunity to identify any such documents and, if appropriate, obtain copies of them. If you do not so notify us, we will transfer your file to closed storage and/or an electronic archive pursuant to our file closing and destruction procedures. File contents (including work papers, etc.) will be considered the property of the Firm. We will retain the file for six (6) years and then destroy its contents, without further notice and in a manner which preserves their confidential nature. If you request us to transfer our file to another lawyer or to you prior to the completion of your case, you agree we can make and retain copies of relevant portions of the file and that the cost for such copying is to be paid by you, as well as any other copying on your behalf. These charges for copying your file may include, in the case of documents stored electronically, the reasonable cost of retrieving the documents, and you agree to pay these costs. Conclusion of Representation. If, at any time we conclude that there are no active matters in which we are representing you, you will be considered a former, rather than a current client of the Firm, unless and until you ask us to perform additional services, and we agree to perform them. You are free, of course, to terminate our services at any time. In addition to the reasons described above, we reserve the same right so long as our withdrawal can be accomplished in accordance with applicable laws. If the terms and conditions as set forth in this agreement are acceptable, please sign and date where indicated below and return the original to me. 85 Mayor Bob Tunheim Mr. Adam Edwards Ms. Christine Lusian City of Orono February 18, 2025 Page 3 If you have any questions, please contact me. We look forward to representing you and working with you regarding the City of Orono's special election. Thank you. Ve truly yours, LOC 4Zo1 avid c: Soren Mattick READ AND AGREED TO this day of February 2025. Mayor Bob Tunheim READ AND AGREED TO this day of February 2025. Adam Edwards City Administrator READ AND AGREED TO this day of February 2025. Christine Lusian City Clerk UEN PLLP 86 AGENDA ITEM Date: February 24, 2025 Title: Seasonal Weight Restrictions - Resolution 7557 Presenter: Adam Edwards, City Administrator / Engineer Section: Consent Agenda Purpose: The purpose of this council action is to update the city's seasonal weight restriction resolution. Item: 9 2. Background: Each year during the spring thaw (typically early -March to mid -May), state, county and local highway authorities impose axle weight restrictions to protect their roadways. The two primary causes for premature deterioration of asphalt streets are weather and traffic. As the frost is leaving the ground during the spring thaw, the gravel under the street has high moisture content, which affects the load carrying capacity of the asphalt pavement. Therefore, in order to prolong the service life of the streets and highways, axle weight restrictions are imposed during the spring thaw when streets are most susceptible to damage due to heavy loads. Staff has updated the resolution regarding seasonal weight restrictions on Orono public city streets that was last adopted in February of 2024 by resolution. 3. Staff Recommendation: I recommend approval of the attached resolution. COUNCIL ACTION REQUESTED Motion to adopt resolution 7557 establishing seasonal weight restrictions on Orono city streets. Exhibits A. Resolution 7557 Weight Restrictions B. Weight Restrictions Map 87 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7557 ESTABLISHING SEASONAL WEIGHT RESTRICTIONS ON ORONO PUBLIC CITY STREETS WHEREAS, axle weight limits are restricted on the following streets in the city of Orono to protect these streets from damage when road and weather conditions warrant in accordance with regulations as provided in Minnesota State Statutes Chapter 169.87. WHEREAS, weight restrictions are in effect during the spring thaw season. Streets may be posted for weight restrictions any time that road and weather conditions warrant weight limits to protect streets from damage. WHEREAS, impacted streets will be signposted. The city follows MnDOT scheduling from imposing and removing spring road weight limit restrictions Dates are posted at http:Hdotgpp7.dot.state.nm.us/research/seasonal_load_limits/sllindex.asp or by calling (651) 366- 5400 or toll free at 1-800-723-6543. These dates generally fall between March 1st and May 15th dependent on weather conditions. WHEREAS, exceptions to the seasonal load limits in Orono are made for emergency response vehicles, school buses and emergency utility repair vehicles/equipment: WHEREAS, an exemption is provided for refuse collection vehicles to exceed the posted limits, except no refuse collections vehicles shall be operated during restricted times where the gross weight on any single axle exceeds seven (7) tons. WHEREAS, an exemption is allowed for utility companies providing utility service within the City when responding to an emergency. An emergency response shall include power outages, gas leaks, emergency communication, line down or severed, etc. WHEREAS, an exemption to posted weight limits is also allowed for septic tank service companies, well drilling and service companies, and companies delivering fuel for heating purposes. An emergency response is limited to septic or sewer system failures posing an imminent threat to public health and safety, well failure resulting in loss of water supply, or lack of heating fuel. WHEREAS, all persons requesting an exemption to the posted weight limits for response to an emergency situation must notify the Orono Police Department Administrative office. This notification must include a description and location of the emergency, the number and weight of vehicles responding to the emergency, and the route to be used to reach the emergency site. The City reserves the right to request supporting documentation of the nature and location of the emergency. All persons responding to emergency situations shall limit travel on seasonal weight restricted streets to the minimum distance required to reach the site from the closest road that is Page 1 of 3 88 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7557 not subject to seasonal weight restrictions. RESOLVED that the Orono City Council limits the following streets to a four (4) ton axle per axle weight limit during the period of spring load restrictions: Arbor Street Baldur Park Road Barrett Avenue Bayview Place Bederwood Drive Birch Lane Blaine Avenue Bohn's Point Lane Bohn's Point Road Brackett's Point Road Briar Street Carman Road Carman Street Caroline Avenue Casco Avenue Casco Circle Casco Point Road Cherry Avenue Cherry Place Chevy Chase Drive Chippewa Lane Concordia Street Corral Road Country Club Road Crestview Avenue Crystal Avenue Crystal Bay Road Crystal Place Cygnet Place Dahl Road Dakota Avenue Dickenson Street Dickenson St. Alleys Dickey Lake Drive Dunwoody Avenue East Long Lake Road Eastlake Street Eileen Street Elm Lane Elm Street Elmwood Avenue Ethel Avenue Fagerness Point Road Fairview Cottage Lane Farview Lane Ferndale Green Ferndale Road West Forest Arms Lane Forest Lake Drive Forest Lake Landing Fox Ridge Road Fox Street Frederick Street Garden Court Glendale Cove Lane Glendale Drive Goldenrod Way Grandview Avenue Hackberry Hill Hanlon Avenue Heritage Drive Heritage Lane High Lane Highwood Lane Highwood Road Hunter Drive Ivy Place Keene Avenue Kelly Avenue Kenwood Way Lafayette Ridge Court Lakeview Avenue Lakeview Terrace Leaf Street Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Lydiard Avenue Lydiard Circle Lyman Avenue Lyric Avenue Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Lane Minnie Avenue Myrtlewood Road Navarre Avenue Navarre Lane North Arm Drive North Arm Drive West North Arm Lane Northern Avenue Oak Street Old Beach Road Old Long Lake Road Olive Avenue Orchard Beach Place Orchard Park Road Orono Lane Orono Orchard Road Park Avenue Park Drive Park Lane Partenwood Lane Partenwood Road Pheasant Road Prospect Avenue Railroad Avenue Rest Point Circle Rest Point Lane Rest Point Road Russell Avenue Sandhill Drive Shadywood Cir Shevlin Drive Smith Avenue Spates Avenue Spring Hill Road Spruce Place Spruce Way Starkey Road Stubbs Bay Road Tamarack Drive Togo Road Tonka Avenue Tonkaview Lane Townline Road Turnham Road Vine Place Watertown Road Wear Circle Wear Lane North Webb Street Webber Hills Road West Lafayette Road Westlake Street Wildhurst Trail Willow Drive (South of Hwy 12) Willowbrook Road Windjammer Lane Woodhill Avenue Wood Duck Trail FURTHER, that the Orono City Council authorizes the following streets to remain at a nine (9) Page 2 of 3 89 ton per axle weight limit year-round: Brown Road North Ferndale Road North Kelley Parkway McCulley Road CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7557 Old Crystal Bay Road Willow Drive (North of Wayzata Blvd/CSAH 112) Adopted by the City Council of Orono, Minnesota at a regular meeting held on February 24, 2025. ATTEST: Christine Lusian, City Clerk Bob Tunheim, Mayor Page 3 of 3 90 Spring Weight Restrictions z Orono, MN /1 N March 2020 & M EK Real People. Real Solutions. a Turner Road • waY2at I ak S -. a _ •--- 6�� . _ .. __..__.. ._...._-••-- �� q� 201 --- ••--••2 6th Ave N z --••-_.����.. — Y ----.R ....--••-- £ —.... _...._ C ....�...._ .� Moon Lake ve N 20th P c z o 5 19th Pve N a 7-�o Cl) m a In 3 Drake Or d°. E o c. _3 I .� o - Dickey v ; P°\ • ° 1 v ®� • e 3 W Dr a R Lake 0-, a a Spriryy Hill�o z \, z` 1 v— 3 - M Lydiard 0 Kelleyp y o z m Long Lake o 0 11th Ave N m° z ° Lake `ale m o r m o ' i •. 09 m R W O LY `•. . • J 'O O 0 1 O^ c a, Daniel.St w ��� 8th Ave N �yN 3 1 oaa 12 w r°> 1 `e�Q`�m w� m m ( Orcfi • ® Wayzata 0 ° o Moline Road UJ� 3 �O�yh y� Grand Ave ha Ln I OiA. �o' �o V i load Road y U 1 r �M .`�� 9<eke 3rq Ave N E s �� ay • Ri__ O ■ a ad aE oo�� c �.... 26 eayg;deijO m c�°j LYE L s i > I `m mI W 3 �ob. I N O C y J w G eN:v y % w 3 °° PainterR°adS, a_� 0 3� i m �O^ LSeA a r.. � Fox St k1 10 W Branch Road ai County Road 151 y INA rCre k �I� •, Ma m r; Sunnyfield Road EI whore Or Jenning's Bay 1 �. Game Farm R°ad E •. c J c est Arm Crysta Dutch a A-e a ,�Bwd Oi �° 1 s Bay Lake -' m Point•• Harrison 1 , _ . •� d Bay i E Lynwood Blvd 0• i 1 •- - • • _ .. _ .. O� 1 Shoreline Or wArm Lafayette Langdon a a� �. _.._..` Bay Lake Legend e Springy Pl� City Limits Lakes & Ponds U . �• 0000 y 0 3,500 gtvd • '. le Feet Casco Source: Met. Council, City of Orono, Point ; Hennepin County, MnDOT " — " — • • rya 12 Wayzata Bay memo Highland Ave s1`Jt� ' ?� , c V dmW S4�ex� Z/ ae d ~ 9 v Rutledge -Road O o N a M �r Jth Or / Lake Ave c� o ; Day PI l o F r Spring Weight Restrictions a Lakeview AvV--/ e 4 Tons per Axle O 0: '� pt 9 Tons per Axle t Roaa This map reflects restrictions for City of Orono public Road streets. It does not preclude any further restrictions on or roadways belonging to the State of Minnesota, 0n�wa� Hennepin County, or any other jurisdiction. > em J�1 91 AGENDA ITEM Date: February 24, 2025 Title: Purchase Office Furniture Presenter: Joe Ruthenberg Section: Consent Agenda Purpose: Item: 10 The purpose of this council action is to approve the purchase of office furniture for the new Communications Specialist position. 2. Background: At the February 1 Oth council meeting the council approved the addition of a communication specialist position to the city staff. The hiring process is underway with tentative start date mid - March. As this is a new position office space and furniture is needed. Staff has identified a space for the new office space and the facilities department is currently soliciting quotes for the necessary renovations. To convert the space, some renovation and the procurement of office furnishings is required. Furniture quotes were solicited and received. Quotes for renovation are still being collected and will be submitted for approval at a future council meeting. 3. Scope: The scope of work for this item includes the purchase of a desk, chair, and storage cabinet. 4. Cost: Staff received three very similar quotes for office furnishings furnishings with the best quote from Continua Interiors for $2,245. Continua Interiors is also an approved vendor of the Omnia Partners Cooperative purchasing agreement. Quote Summary: Company Quote Continua Interiors $2,245 Alternative Business Furniture $2,577 Henrickson $2,714 Funding: The capital improvement plan allocated $10,000 for this project with costs to be expended from the facilities fund. 6. Staff Recommendation: Approve the purchase of furniture required to create a work space for a new communications specialist. 92 COUNCIL ACTION REQUESTED Motion to approve the communications specialist work space desk with installation from Continua Interiors. Exhibits A. rendering - communication specialist desk 93 94 AGENDA ITEM Date: February 24, 2025 Title: Appoint Seasonal Employee 2025 Presenter: Joe Ruthenberg, Superintendent - Parks, Facilities Section: Consent Agenda Purpose: The purpose of this agenda item is to gain approval of seasonal employee hiring. Item: 11 2. Background: The city hires seasonal employees to accomplish a variety of tasks. The hourly pay is proposed to be $14.50-$17.50 for the Golf Course Clubhouse Attendants and Brush Site Attendants; $14.50- $18.50 for Parks/Golf Course Maintenance Employees and Public Works Maintenance Workers. Seasonal employees fall under the 6-month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates: Seasonal Employee Appointment and Candidates Name jPosition lWage (Per Hour) Remarks Jacob Goman 1park Maintenance 1$17.50 IRetumee COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee listed in the table above. 95 AGENDA ITEM Date: February 24, 2025 Title: Council Code of Conduct Presenter: Adam Edwards, City Administrator / Engineer Section: City Administrator/Engineer Report Item: 12 Purpose: The purpose of this item is to review a draft code of conduct and values statement for the Orono City Council. 2. Background: At the January 27 work session the Council provided guidance to prepare a draft code of conduct based on the sample from the Mn Mayor's Handbook, and the example form the city of Red Wing. Further there was an interest in having a values statement based on the example from the MN Mayor's Handbook. Staff prepared drafts for each document for council's review and discussion at the February 10 work session. Based of feedback at that meeting staff prepared the drafts at exhibits A and B. COUNCIL ACTION REQUESTED Move to adopt the Statement of Values and Code of Conduct. Exhibits A. Orono City Council Code Of Conduct-DRAFT.docx B. Orono City Council Statement of values DRAFT.docx 96 City of Orono Policy: City Council and Advisory Boards and Commissions Code of Conduct 1. Purpose. The purpose of this code is to preserve the integrity of local government and to promote public confidence in the actions of the Mayor and City Council and the members of advisory boards and commissions. The City Council of the City of Orono has determined that a code of conduct for its members, as well as the members of the various boards and commissions of the City of Orono, is essential for the public affairs of the city. By eliminating conflicts of interest and providing standards for conduct in city matters, the City Council hopes to promote the faith and confidence of the citizens of Orono in their government and to encourage its citizens to serve on its council and commissions. 2. Standards of conduct. Elected officials and City advisory board or commission members shall respect and comply with the law and shall behave in a manner that promotes public confidence in government. In their official capacity, the Mayor and members of the City Council and all appointed board and commission members must be patient, dignified and courteous to each other, members of the public and staff. The City Council, boards and commissions shall require similar conduct from persons appearing before them. No member of the City Council or a city board or commission may knowingly: a. Violate the Open Meeting Law and/or make decisions outside of a public meeting. b. Participate in a matter that affects the person's financial interests, those of an immediate family member or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. c. Use the person's public position to secure special privileges or exemptions for the person or for others. d. Use the person's public position to solicit personal gifts or favors. e. Use the person's public position for personal gain. f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person's performance of official action, or be intended as a reward for the person's official action. g. Disclose to the public, or use for the person's or another person's personal gain, information that was gained by reason of the person's public position if the information was not public data or was discussed at a closed session of the City Council. h. Disclose information that was received, discussed, or decided in conference with the city's legal counsel that is protected by the attorney -client privilege unless a majority of the City Council has authorized the disclosure. 97 i. Use the City logos for personal or private benefit or modify the logos in any way. j. Hold incompatible offices. No elected person can be an employee of the City. k. Use the person's elected or appointed position to impede the efficiency of the body's decision -making. 1. Encourage or participate in a manner that erodes order and decorum at a meeting. in. Use cell phones or other telecommunication devises to communicate with others during public meetings. n. Represent a personal position as position of the city. Members shall represent positions approved by the City Council to the best of their ability when working with, other government entities or the media. If an individual Council Member's opinion differs from the City position, or a matter agreed upon by the full Council, Members shall explicitly state they do not represent their City Council or the City of Orono, nor will they allow the inference that they do. Except as prohibited by the provisions of Minn. Stat. § 471.87, there is no violation of subdivision 1 b. of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the City Council under the circumstances described under Minn. Stat. § 471.88, if proper statutory procedures are followed. 3. Complaint, hearing. Any council, commission or board member may file a written complaint with the city administrator alleging a violation of the standards of conduct in section. The complaint must contain supporting facts for the allegation. The City Council may hold a hearing after receiving the written complaint or upon the council's own volition. A hearing must be held only if the City Council determines: (1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The City Council's determination must be made within 30 days of the filing of the allegation with the city administrator. If the council determines that there is an adequate justification for holding a hearing, the hearing must be held within 30 days of the City Council's determination. At the hearing, the person accused must have the opportunity to be heard. If, after the hearing, the council finds that a violation of a standard has occurred or does exist, the council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory board or commission from office. 98 Orono City Council Statement of Values Preamble The proper operation of democratic government requires that decision -makers be independent, impartial, and accountable to the people they serve. The City of Orono has adopted this Statement of Values to promote and maintain the highest standards of personal and professional conduct in the city's government. All elected and appointed officials are expected to subscribe to this statement, understand how it applies to their specific responsibilities, and practice its core values in their work. Because we seek public confidence in the city's services and public trust of its decision -makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this statement. The values As a representative of the City of Orono, 1. I serve the public interest. 2. I fulfill the duties and responsibilities of holding public office. 3. I am ethical. 4. I am professional. 5. I am fiscally responsible. 6. I am conscientious. 7. I communicate effectively. 8. I am collaborative. 9. I am forward thinking. Value examples/expressions 1. I serve the public interest. In practice, this value means that: a. I provide courteous, equitable, and prompt service to everyone. b. I am attuned to and care about the needs and issues of citizens, public officials, and city workers. c. I am interested, engaged, and responsive in my interactions with constituents. d. I recognize and support the public's right to know the public's business. 2. I fulfill the duties and responsibilities of holding public office. In practice, this value means that: a. I observe the highest standards of integrity in my official acts and undertake my responsibilities for the benefit of the greater public good. b. I faithfully discharge the duties of my office regardless of my personal considerations, recognizing that the public interest is my primary concern. c. I uphold the Constitution of the United States and the Constitution of the state of Minnesota and carry out impartially the laws of the nation, state, and municipality and thus foster respect for all government. d. I comply with both the letter and the spirit of the laws and policies affecting operations of the city. 99 e. I recognize my obligation to implement the adopted goals and objectives of the city in good faith, regardless of my personal views. f. I conduct myself in both my official and personal actions in a manner that is above reproach. g. I do not use my position to secure for myself or others special privileges or exemptions that are different from those available to the general public. h. I understand and abide by the respective roles and responsibilities of elected and appointed officials and city staff and will not undermine them in their work. i. I am independent, impartial, and fair in my judgment and actions. 3. I am ethical. In practice, this value means that: a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, do what I say I will do, and am reliable. c. I am accountable for my actions and behavior and accept responsibility for my decisions. d. I make impartial decisions, free of influence from unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. e. I am fair, distributing benefits and burdens according to consistent and equitable criteria. £ I oppose all forms of harassment and unlawful discrimination. g. I extend equal opportunities and due process to all parties in matters under consideration. h. I show respect for confidences and confidential information. i. I avoid giving the appearance of impropriety and of using my position for personal gain. 4. I am professional. In practice, this value means that: a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach my job and work -related relationships with a positive attitude, contributing to a supportive, respectful, and non -threatening work environment. c. I keep my professional knowledge and skills current and growing. d. I am respectful of all city staff, officials, volunteers, and others who participate in the city's government. 5. I am fiscally responsible. In practice, this value means that: a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the city, especially its financial stability. b. I demonstrate concern for the proper use of city assets, follow established procedures, and do not use public resources for personal gain. c. I make decisions that seek to preserve the financial capacity of the city to provide programs and services for city residents. d. I provide full disclosure of any potential financial or other private conflict of interest. I abstain from participating in the discussion and vote on these matters. e. I prevent misuse of public funds by establishing, maintaining, and following strong fiscal and management controls. f. I report any misuse of public funds of which I am aware. 6. I am conscientious. In practice, this value means that: a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short- and long-term goals. 100 b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c. I am respectful of established city processes and guidelines. d. I prioritize my duties so that the work of the city may move forward. e. I prepare for all meetings by reviewing any materials provided ahead of time. When I have materials to contribute, I make sure all others involved have ample time to review these materials prior to the meeting. 7. I communicative effectively. In practice, this value means that: a. I convey the city's care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded, and willing to participate in dialogue. c. I engage in effective two-way communication by listening carefully, asking questions, and responding appropriately, which adds value to conversations. d. I do not interfere with the orderly conduct of meetings by interrupting others or making personal comments not germane to the business at hand. e. I follow up on inquiries in a timely manner. f. I encourage and facilitate citizen involvement in policy decision -making. g. I am respectful in disagreements and contribute constructively to discussions on the issue. 8. I am collaborative. In practice, this value means that: a. I act in a respectful manner with groups, other units of government and other individuals, working together in a spirit of tolerance and understanding to accomplish common goals. b. I share information with others in a timely manner so that, together, we can make informed decisions. c. I work toward consensus building and gain value from diverse opinions. d. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. 9. I am forward thinking. In practice, this value means that: a. I promote intelligent, proactive, and thoughtful innovation in order to advance the city's policy agenda and provide city services while considering the broader regional, statewide, national, and international implications of the city's decisions and issues. b. I maintain consistent standards, but am also sensitive to the need for compromise, creative problem solving, and making improvements when appropriate. c. I am open to new ideas and processes, adopting them as they conserve resources and provide efficient and effective service. d. I consider the potential long-term consequences and implications of my actions and inactions. Signature: Name: Title: Date: 101 AGENDA ITEM Date: February 24, 2025 Title: Annual Performance Review of the City Administrator Presenter: Adam Edwards, City Administrator / Engineer Section: Closed Session Item: 13 Purpose: The meeting will be closed as permitted by § 1313.05, Subd. 3(a), to evaluate the performance of the City Administrator. The purpose of this item is for the City Council to provide feedback on the City Administrator's performance over the preceding year. 2. Background: Per the City Personnel Policy all employees are to receive a performance review annually by their supervisor. As the City Administrator reports directly to the City Council, the Council should provide the review. 3. Process: a. The City Administrator will provide the Council with the employee input form and a draft annual evaluation form. b. The Council should review the submitted forms and be prepared to provide feedback on the following: 1. Performance in 2024, including consensus on the overall performance level, and 2. Expectations for 2025. c. For reference, the Administrator responsibilities are broken down into three main areas below, including the City Engineer function: • Lead Staff. Provide leadership to and manage the activities of the city staff and consultants to ensure city functions are provided in an efficient and resident focused manner. Create and maintain a professional and positive work environment. • Support Council. Ensure the City Council is provided with the information and professional advise need to make sound decisions. Ensure policies and directives of the council are carried out. Foster healthy working relationship between Council, staff and the community. • Coordinate with other agencies. Facilitate intergovernmental cooperation with neighboring communities and other government and non-profit partners, including shared services and other cooperative ventures. • City Engineer. Prepare, resource and manage programs and project to maintain and improve the City's infrastructure. Provide engineer advice to city departments. 4. Staff Recommendation: I recommend the Council provide the required annual review. COUNCIL ACTION REQUESTED Provide the annual review for the City Administrator's performance in 2024. 102