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HomeMy WebLinkAbout12-14-2015 Councill Packet Agenda for Council Meeting Set for Monday, December 14, 2015, 6:30 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the City Council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Regular Council Meeting of November 23, 2015 * 3. Council Work Session Meeting of November 23, 2015 * Public Hearing – 6:30 p.m. 4. Adopt 2016 Budget Public Hearing – 7:00 p.m. 5. Adopt 2016 Fee Schedule Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The Council will not engage in discussion or take action on items presented at this time. However, the Council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works Director/City Engineer’s Report 6. 2016 Public Works Plan 7. Traffic Management Policy 8. Asset Management System Public Safety Report 9. Authorization to Purchase 2016 Squad Cars 10. Disposal of Forfeited Vehicle Planning Department Report - Planning Commission Representative Kevin Landgraver 11. 15-3769 Chris Lappen & Kallyn Bialowas, 3409 Eastlake Street – Variances 12. 15-3770 a. Jon Norris & Catherine Morrison and Patrick & Melissa Mulheran, 460 Orchard Park Road – Final Plat Approval b.Norris/Morrison/Mulheran, 460 Orchard Park Road – Amend Wetland Overlay District - Public Hearing Agenda for Council Meeting Set for Monday, December 14, 2015, 6:30 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Planning Department Report (continued) 13. 15-3774 Michael Steadman o/b/o Irwin Jacobs, 1700 Shoreline Drive – Preliminary Plat Approval 14. 15-3789 The Broadway Group LLC, 3590 North Shore Drive – Variances – Public Hearing 15. 15-3791 Josephine Carpenter, 480 Russell Avenue – Comprehensive Plan Amendment – MUSA 16. 15-3794 Tim & Mary Doubek - 4565 Bayside Rd – Variance 17. 15-3796 A. Sadowski Designs o/b/o Michelle Williams-Abbott – 2941 Casco Point Rd – Average Lakeshore Setback Variance – Public Hearing Mayor/Council Report City Administrator's Report 18. Wayzata Fire Service Agreement 19. 2016 Non-Union Employee Compensation 20. Adoption of Job Descriptions 21. Appointment to Orono Ice Arena Board of Directors 22. Orono Police Garage – Pay Request # 14 & 15 23. Licenses & Permits – Gambling Permit * 24. Claims/ Bills* City Attorney's Report 25. Hazardous Building Designation 1735 Fagerness Point Road Closed Meeting The meeting will be closed as permitted by section 13D.05, subdivision 3 (c), to consider offers relating to the City’s possible sale of parcel of land identified by PID as 05-117-23-24-0118. Adjournment Upcoming Events 2016 01-04-16 – Park Commission Meeting, Monday, 6:30 p.m. 01-11-16 – Council Meeting, Monday, 7:00 p.m. 01-18-16 – Martin Luther King Day, City Offices Closed 01-19-16 – Planning Commission Meeting, Monday, 7:00 p.m. (Dennis Walsh Liaison) 01-25-16 – Council Meeting, Monday, 7:00 p.m. 02-01-16 – Park Commission Work Session, Monday, 1:30 p.m. 02-08-16 – Council Meeting, Monday, 7:00 p.m. 02-15-16 – President’s Day, City Offices Closed 02-16-16 – Planning Commission Meeting, Monday, 7:00 p.m. (Jim Cornick, Jr Liaison) 02-22-16 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 41 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 5, 6, and 13 were added to the Consent Agenda. Item No. 14 was removed from the Consent Agenda. Levang moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. JOINT PLANNING AND CITY COUNCIL WORK SESSION OF NOVEMBER 9, 2015 Levang moved, Walsh seconded, to approve the minutes of the Joint Planning and City Council Work Session of November 9, 2015, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 9, 2015 Levang moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of November 9, 2015, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 4. SHERIFF STANEK, HENNEPIN COUNTY Sheriff Stanek noted it has been a couple of years since he last addressed the Orono City Council on the activities of the Hennepin County Sheriff’s Office. Stanek indicated he was a police officer for 32 years before becoming Sheriff and was first elected as Sheriff in 2006, with this now being his third term Stanek stated he also has served five terms in the Minnesota Legislature. The Hennepin County Sheriff’s Office provides a wide range of public service, including public safety and public policy. Hennepin County is comprised of 1.2 million people, 556.2 square miles, 104 named lakes consisting of 280 miles, 45 municipalities, 37 law enforcement agencies, including the Sheriff’s Office, and one unorganized territory, which is Fort Snelling. The Sheriff’s Office provides eight lines of business: jail, court security, patrol, warrants, civil process, 911/dispatch, crime lab, and investigations. Stanek stated if a local city chooses to have a local police department, they are free to do so, and that the Sheriff’s Office provides patrol function and investigations to some degree in conjunction with the local police departments. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 41 Stanek noted Hennepin County has the largest jail in the upper Midwest and that they book approximately 35,000 people each year. Orono had 187 bookings in 2014 and year-to-date in 2015 is 126. The jail is nationally accredited and has received the National Award for innovative inmate mental health program. Approximately one-fourth of the inmates have psychological issues. Stanek stated one major component of the service it provides to Orono and the surrounding lake communities is the water patrol. In 2015, the Sheriff’s Office spent 6,888 hours of service on Lake Minnetonka, issued 380 citations, including 33 BWIs and 2 under-aged consumption tickets. There were zero drownings in 2015 on Lake Minnesota. In 2015, there were 1,789 warrants executed, with one in Orono. The dispatch center answered approximately 570,000 calls in 2014. Stanek noted 75 percent of 911 calls are now placed from cell phones and that it is important people realize that the 911 service will not necessarily know the exact location if a cell phone is used and that it is necessary to convey the physical address of where the incident is taking place. The Hennepin County crime lab is internationally accredited and full service. In 2014, Orono had 30 cases that the Sheriff’s Office assisted in investigating, consisting mainly of burglaries and robberies. The Sheriff’s Office will send crime scene investigators to process the crime scene, take photographs, and obtain DNA if appropriate. Overall the Sheriff’s Office contributes greatly to the reduction of violent crime throughout the County due to the sharing of criminal information and analysis. In addition to the crime lab, the Sheriff’s Office works with Orono on solving violent crimes and in 2015 there were six assists in Orono. The Violent Offender Task Force had two assists in Orono. Stanek stated Hennepin County also has a Drug Task Force, which consists of five different divisions. Orono is part of the West Metro Drug Task Force. There is also a Drug Abuse Prevention Program, which collects unused prescription medications. There are upcoming drug prevention town halls scheduled in Maple Grove in January and then Hopkins in February. Stanek noted the trend is going back down for heroin deaths but that there were still 38 heroin-related deaths in 2015. Heroin use usually starts with opiate addiction through the use of prescription drugs. To assist people in disposing of prescription medications, there are now seven drop boxes across Hennepin County, with one being located at 4141 Shoreline Drive. The Sheriff’s Office also has a volunteer services division, which has more than 120 special deputies who served 20,000 plus hours countywide in 2014. Stanek stated volunteers are always needed and that the Sheriff’s Office will train them to a certain level. The Professional Standards Division focuses on training, internal affairs, reserve officer school, and active shooter training. In 2015 there were 25-plus training events with over 1,000 participants. Emergency training is also provided to businesses and residents, including safety procedures and prevention. The Community Engagement Team also works countywide by providing education outreach to diverse communities and partnering with communities on public safety initiatives. The primary objective is to teach foreign residents about law enforcement. Stanek noted there is a new trend in law enforcement to improve community policing and that the Hennepin County Sheriff’s Office has implemented new policies and a work plan to help accomplish that goal. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 41 Stanek noted violent crime in Hennepin County experienced approximately a 34 percent decrease since 2006, but that over the last nine months the Sheriff’s Office have seen a nine to ten percent increase in those types of crimes. Stanek stated they have not seen an increase like that before and that he would encourage the Orono City Council to continue to support their local police department as much as possible. Council Member Printup asked how residents can feel safe with what is going on in the world, particularly the events in Paris over the past week. Stanek stated whether it is Paris, Germany, or in the United States, terrorism is about striking fear in the hearts of people and that people cannot let that happen. Stanek stated at the end of the day, American is a very safe place and that the different law enforcement agencies have a good handle on things. Steps are being taken to build resilient communities and to increase relationships with different ethnic groups. Stanek stated the Orono Police Department is very good at what they do and that the people can trust them. Printup asked what citizens can do to express support of the Sheriff’s Office or the local police department. Stanek stated he knows the Orono City Council supports their local law enforcement agency, but that if a resident sees a police officer out in public, they should say hello and thank them. Stanek stated he knows overall Orono is supportive of their police department but that they should not take it for granted. Council Member Levang asked what the City should tell residents about the boat traffic and drinking on Lake Minnetonka. Deputy Storms stated he has spent 10 years as a deputy in Orono and that he is well acquainted with what happens out on the lake. In response to the increased level of activity on Lake Minnetonka, Hennepin County has increased its water patrol staffing quite a bit and that they now have a police presence out there year-round, especially around Big Island. Storms stated the Water Patrol spends a lot of energy trying to keep the lake safe, along with local law enforcement, and that they have a strong volunteer staff. Storms stated the goal is to keep the fatalities at zero but that the biggest job is education and making sure people understand what is safe and what is not safe. Storms stated they have a very robust media group and hold a number of safe events throughout the year in an effort to educate people. McMillan stated she appreciates all the work the Sheriff’s Office and Water Patrol do on Lake Minnetonka. Council Member Walsh stated it is a testament to Sheriff Stanek’ s character that he has great people around him and that he appreciates all the work the Sheriff’s Office does for the residents of Orono. PLANNING COMMISSION COMMENTS – REPRESENTATIVE DENISE LESKINEN Planning Commissioner Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 41 PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Public Works Director/City Engineer Edwards reported the Public Works Department has completed street sweeping and shoulder work in preparation for winter. Work on the Orono Golf Course has transitioned from golfing to maintenance and that the Public Works Department has been removing some trees and prepping the new putting area. Inspections have been completed on the 2015 targeted section of the storm sewer. In addition brush was removed from the creek by Smith Avenue and work is nearly completed on the culvert near Kelly Avenue and Carmen Street. *5. BALDUR PARK ROAD PAY REQUEST NO. 1 Levang moved, Walsh seconded, to approve Pay Request No. 1 to GMH in the amount of $120,540.98 for the Baldur Park Road rehabilitation project. VOTE: Ayes 5, Nays 0. *6. WATERTOWN ROAD AND STUBBS BAY ROAD PAY REQUEST NO. 3 Levang moved, Walsh seconded, to approve Pay Request No. 3 to Bituminous Roadways in the amount of $46,002.57 for the Watertown Road and Stubbs Bay Road rehabilitation project. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT 7. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE – PRELIMINARY PLAT APPROVAL – RESOLUTION NO. Michael Steadman, Developer, was present. Senior Planner Gaffron noted at the October 26 meeting, the City Council voted 4-0 to direct Staff to prepare a preliminary plat approval resolution for review and consideration reflecting the Council’s conclusion that Heritage Lane should be extended to a new cul-de-sac built to City standards as part of this subdivision. Just prior to the November 9 Council meeting, the City received a memo from Todd Erickson, an engineer hired by the Foxhill Homeowners Association to independently review the development. This prompted the applicant to request tabling for two weeks to allow for a response. The applicant granted a 60-day extension to the review period. The Council tabled the application and it was not reviewed at the November 9 meeting. However, a number of persons commented on the project during public comments. A meeting between Staff and the applicant was held on November 17 to discuss the application and address the items noted in Erickson’s report. The response to the issues noted in Erickson’s letter was prepared by Mark Gronberg and is marked as Exhibit D. Staff would note that many of Erickson’s discussion points are normally required to be addressed and resolved prior to final plat approval and are not expected to be fully addressed at the preliminary plat stage. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 41 Staff would also note that the variance for road length has been discussed at the Planning Commission and Council level, and neither body expressed an issue with the length. The justification for approval of this variance is included in the findings section of the preliminary plat resolution. It should also be noted that a private road from Shoreline Drive ending in a cul-de-sac to serve the three lots would have to be at least 1,750 feet in length, which is longer than the extended Heritage Lane at 1,600 feet. The resolution includes the following key elements: 1. Physical characteristics of the property and the proposed development are documented; 2. It is noted that a variance for road length is intended to be granted and justification for the variance provided; 3. Concerns of the Foxhill residents are noted in the “Findings” and the Developer’s remedies for addressing those concerns are noted in the Conclusions, Order and Conditions; 4. The Conservation Design inventory and Master Plan are summarized, with the condition that the Conservation Design recommendations be adhered to; 5. Provision of municipal sewer to the property is discussed; a sewer connection charge of $89,760 is established based on the 1998 Shoreline/Heritage sewer project per the 2015 Fee Schedule – this includes connection of the three new homes plus the exiting main residence at 1700 Shoreline Drive. 6. It is noted that Lots 1 and 2 will have new existing grades established for height and story determination purposes; 7. The three outlots along Shoreline Drive intended as future potential dockage for Lots 1 through 3 are discussed, noting that this plat approval does not approve use of those outlots for dockage, but requires separate City and MCWD review and approval. 8. The standard easements for wetland protection are required; the small wetland being filled for the road extension technically requires approval by MCWD, is not expected to require mitigation under the deminimus rules, and under Orono Code is required to be removed from the Wetland Overlay District. This process would occur as part of final plat approval; 9. Removal of the existing cul-de-sac wings is to be decided prior to final plat approval; 10. Minnehaha Creek Watershed approval of the stormwater management plan and facilities will be addressed and adhered to; 11. Recommendations of the City Engineer regarding stormwater management and other topics shall be addressed and adhered to; 12. Park fee of $16,650 and stormwater and drainage trunk fee of $23,040 are established; 13. Final design for retaining walls will be required; MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 41 14. Development agreement and letter of credit will be required. Gaffron noted also received late today was a letter from Mark Gronberg, a letter from Bruce Markelson, and one additional condition proposed by the developer. Staff recommends approval of the resolution. Levang asked if the developer has proposed the additional condition. Gaffron indicated that is correct. McMillan asked if there will be three or four outlots. Gaffron stated the developer is proposing three, but all four lots will have access and abut Tanager Lake. At this point only the large parcel has shoreline along Smiths Bay. Gaffron stated the question is whether it is reasonable to split it into three separate outlots so each of the three new lots that abut Tanager Lake will have the potential opportunity for a dock. McMillan asked if the main house would have access. Gaffron stated it would not. Michael Steadman, Development Consultant, stated he and his development team have read the staff report, the proposed resolution, and the memo from the consulting engineer, and the comments from the public made at the last Council meeting. Steadman indicated he will ask Mark Gronberg to specifically address the memo written by Mr. Erickson and how the issues raised are inaccurate and incorrect. Steadman stated the City Council also received a letter from Mr. Gronberg last Friday. Steadman noted Mr. Gronberg has been involved in 100 subdivisions in Orono and works well with Staff in following the process for preliminary and final plat phases of the approval process. Steadman stated he had several meetings with Staff months before submitting the application and that they knew the expectations of the City ahead of time as to what was required to move forward. Steadman stated he is not sure how may meetings Mr. Erickson has had with Staff, if any, regarding this proposed subdivision in order to support his claims of an incomplete application. Steadman stated he is sure Staff would have shared with him the long-established process and protocols. Steadman stated if Mr. Erickson had met with Staff, he would not have made most, if not all, of his comments in his memo and in his statements to the Council at the last Council meeting. Steadman noted they were not present at the last Council meeting but that he has read the minutes from that meeting. Steadman stated there was also a statement by a person in the neighborhood that they have been misleading and giving inaccurate information, which is just flat out wrong. Steadman stated that would be unethical conduct and they do not conduct themselves that way. Mr. Steadman stated as has been addressed in the past Council meetings, they have gone above and beyond the normal requirements to accommodate the neighborhood with procedures and ideas to help lessen and eliminate the possible and unsubstantiated inconvenience and stated concerns about future construction traffic. Mr. Steadman stated they have been transparent from the beginning regarding their information and have not objected to those who have walked the property without permission. In addition, information has been supplied from several experienced engineers, contractors, custom home builders, and recently a letter from the Fire Chief on how any temporary road up and down a steep slope is simply unsafe, MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 41 illogical and contrary to the City’s ordinances and policies. Large vehicles or small, there is no difference due to the requirements for the City or the Fire Department for a 20-foot roadway to be installed. Steadman stated he would ask the Council to move forward with the resolution approving the preliminary plat. As was mentioned, Steadman stated he did have permission from the Jacobs’ family to add an additional condition. This condition has to do with being proactive with the police chief and the community service officer with regard to traffic during school bus timing. The condition is as follows: A contractor shall provide the Orono Police Chief with projected delivery and traffic construction schedule, including any estimate of the number and types of vehicles during the school bus timing. Based on the projection or actual observations on Heritage Road, if the Orono Police Chief believes that the level of construction traffic from the construction of the extension of the road and/or construction of one or more of the homes poses an imminent threat to the safety of the children who are boarding the bus during the school year, he may arrange for a community service officer to be present during that specific period of time and the applicant will pay for that time, with a cost not to exceed $50 an hour, unless there is credible evidence that shows that the following threshold is not low enough. The level of construction traffic that would be required for the presence of the CSO shall be at a minimum of five vehicles during a specific half hour time period when the school bus normally arrives, picks the children up and leaves Heritage Lane. Any such threshold may be waived by the police chief if there is an imminent threat to the safety of the children or others on Heritage Lane due to construction traffic during that half hour period. Steadman stated that is another protocol that they have put in place. Printup asked what that half-hour period is for the proposed additional condition. Steadman stated it would be during the time the bus picks up or drops off the children. McMillan asked what they plan to do with the outlots. Steadman stated they will address that with the LMCD at the appropriate time. Steadman stated the key objective is if any of the future homeowners did have a large boat, there would be the capability to keep it there. The Jacobs may want to keep a dock or they may not, but at this time they are proposing only three outlots. McMillan asked if they would be tied to a specific lot. Steadman indicated they would not be. Walsh stated the developer has done a great job and the residents on Foxhill have done the same thing but that the two parties are coming from a different perspective on what they view as their concerns. Walsh stated he does not want it to digress into anger. Walsh stated he is hearing Mr. Steadman state that even if it is the small trucks with the workers, he does not want them to go through the Jacobs’ property whether they drive down the gravel road or park up at the roundabout and walk down. Steadman stated that is correct. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 41 Walsh noted there are a number of communities that prohibit construction on Saturdays and Sundays since that is when the kids are on the streets. Walsh asked whether Mr. Steadman would be willing to not have construction traffic on Saturdays. Steadman asked if that would be in addition to the limited construction hours of 8:30 to 4:30 during the week. Walsh stated it would be. Steadman stated he believes they would be open to that. Printup stated he is concerned with the 8:30 to 4:30 hours because there would be two or three buses that would go through during that time. The last morning bus would go through at roughly 8:30. Printup asked whether those hours could be 9:00 to 2:00 to avoid all bus traffic. Steadman stated the new protocol with the officer would help maintain traffic in the morning and that the majority of the construction vehicles would come to the site in the morning. Steadman stated in his view those hours would be a little too restrictive if they also not allow work on the weekends. Steadman stated in his opinion it is putting a lot more demands on the contractors than would be realistic and that in his view the 8:30 to 4:30 is reasonable. Printup asked if someone could check with the school district to make sure that 8:30 is late enough for the morning bus run. Printup stated the protocol sounds like it would work with the bus system but that it could perhaps be tweaked. Steadman noted they also plan to put together a schedule ahead of time and communicate with the neighborhood on the schedule as to when the grading contractors and other construction vehicles will be coming to the site. Steadman stated the neighbors will be made aware of the schedule, and if it changes, what the new schedule will be. McMillan asked if a painter who shows up in his own car would be considered construction traffic. Steadman stated typically a custom home builder will have a schedule for the month and that they will attempt to get that at least two weeks to a month ahead of time even if it is a painting contractor. McMillan stated she is trying to get a handle on the words construction traffic since a number of the workers will show up in their own vehicles. Steadman stated they want to try to work and communicate ahead of time with the neighbors and that should make a difference. Steadman stated the contractors will also be made aware of the protocol. McMillan stated given the short construction season in Minnesota, they have to be able to get the people in to get the work done quickly. If it is made too difficult to get the projects done in a timely manner, it might be counterintuitive. Steadman noted they would also need to work around the road restrictions as well. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 41 Mark Gronberg, Surveyor, stated there were ten items listed in the memo from the neighbors’ engineer and that he would like to respond to them. Gronberg stated in his view Mike Gaffron adequately addressed the cul-de-sac length. The second item related to the pond sizing and calculations. Gronberg stated some preliminary sizing has been done for the preliminary plat and that the lot is 3.23 acres and the area to the normal water level is 0.15. Gronberg stated you normally subtract the area and the normal water level to determine the size of the holding pond and that in their view there is plenty of room there. Gronberg noted typically the exact size of the pond is done at the final plat phase. In addition, the houses are 400 to 500 feet away from the OHWL. The third item raised by Mr. Erickson was the Minnehaha Creek Watershed District and infiltration. Gronberg indicated he is well aware of the MCWD’s infiltration requirements and regulations and that he has worked on numerous projects with the Watershed District in this area. Gronberg stated on projects like this, the infiltration area is usually incorporated into the pond so there is not a separate infiltration area. Gronberg noted there was a question regarding the number of trees that will need to be taken out for the pond and in their view there will be approximately 30 trees taken out related to that. The fourth item had to deal with the wetland. The wetland on the site is a forested Type I wetland. According to a memo from Beth, Brown, the wetland consists of 1,000 square feet deminimus and that they have discussed the wetland at a meeting with City Staff. Staff felt there was adequate drainage area to maintain the wetland characteristics of the remaining part of the wetland. The fifth item was a request for a tree survey. Gronberg stated normally the contractor is not asked nor is it required to do a tree survey of the entire property. Gronberg stated they have addressed areas under the Conservation Design, created buffers in for tree preservation along the perimeters and in the bluff areas. In addition, the developer is working on covenants regulating the number of trees that can removed and a replacement plan if they go over that. The sixth item related to the alternate access. Gronberg noted there was a plan provided by the neighbors’ engineer that showed cutting way up into Irwin Jacobs’ auto court, which would cut off his whole cul-de-sac where he goes in the door and has deliveries. The plan shows the road going down at a 10 percent grade but then it has 2:1 side slopes, which are very steep. The Consulting City Engineer believes that would be very tough to control erosion. There was also a comment that only one tree would be removed, which is not true. Gronberg noted there are trees right up to the existing trail and that they counted maybe 25 to 30 trees right at the beginning that would have to come out, which is also not taking into account the letter from the fire chief who said that he would want a 20-foot wide road, which takes out quite a few more trees on the whole service road access. The seventh item was the need for a ghost plat, which is not a requirement of the City of Orono and was not asked for. Gronberg indicated they have been meeting with the City for almost two years on this project and that they did some alternate layouts that showed more lots. Gronberg stated every one of them showed a road coming in from Shoreline Drive to the south of the existing house and then another road using the Heritage Lane right-of-way for the lots to the north because they are two different elevation points. Gronberg noted back in 1965 it was also suggested that that road be built, so some previous councils had the same idea. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 41 The eighth item related to sanitary sewer, which is normally done at the final plat stage. Gronberg indicated he has talked to Staff about that and that they are probably going to use the same type of injector pumps for the three houses. Gronberg stated they are prepared to bore a lot of the lines in order to save trees, which is the main goal with the sewer line and will be done with the final plat approval. The ninth item related to the drain fields. The proposal is to have three new lots with a low pressure sewer system as well as Irwin Jacobs’ house. Once those are hooked up, the Jacobs’ drain field would be removed. Gronberg stated as it relates to Hennepin County’s response to using the existing Irwin Jacobs’ driveway, he has spoken with Steve Grone at Hennepin County and he strongly recommended using Heritage Lane with the turn lane. Gronberg indicated he has done a hundred subdivisions during the 50 years he has been in business and that he has worked closely with Staff and the various agencies on those subdivisions. Walsh stated he would like to clarify the issue with Hennepin County. Walsh indicated he spoke with Mr. Grone about 15 minutes after he spoke with Mr. Gronberg and that Mr. Grone indicated he was going to tell Mr. Gronberg the same thing, which is that there was no guarantee that they would approve or not approve using that road. Gronberg stated their strong recommendation is to use Heritage Lane. Walsh stated he was told Hennepin County takes into consideration the applicant and the neighborhood and have three people look at it. Mr. Grone indicated nothing is guaranteed and that they take everybody into consideration. Walsh stated Mr. Grone also said at that point they do not police it, which is basically the same conversation that he had with Mr. Gronberg. Walsh stated it all depends on the perspective of who is talking to him and that they may say what the person wants to hear, which could be a little misleading. Gronberg asked why he would send him an e-mail saying that. Walsh stated he does not know how Mr. Gronberg broached the question. Gronberg indicated he spoke with him numerous times. Walsh stated he wants to make sure because the process is more complicated than calling him and getting an e-mail and that additional information would be taken into consideration when Hennepin County actually reviewed the request. Bruce Malkerson, Attorney-at-Law, stated he is appearing tonight on behalf of the applicant. Malkerson noted he submitted a lengthy letter late this afternoon, which he apologizes for, but that he was not able to submit it any earlier since Staff’s report came out late Friday afternoon and he had to meet with his client prior to submitting it. Malkerson stated on Page 2 of the letter there is an overview of the legal principles that relate to two questions. The first question is whether the applicants comply with applicable law related to the proposed construction activity, whether that is on the extended road, on the road leading to it, or with any of the activities within the three lots themselves. Malkerson stated what has been agreed to is contained in the draft resolution. On the bottom of Page 2 is another added another condition which refers back to some MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 41 discussions the Council had a few weeks ago relating to speed bumps. The applicant would be willing to provide speed bumps if anyone on the City Council, the residents, or the police department feel they are necessary. Malkerson stated all of this totals all sorts of conditions that in his 42 years of experience he has never seen before as it relates to the construction activities for a public project and certainly not for the construction of three homes. Malkerson stated his clients were willing to do it and that they will stand by that offer. On Page 3 it points out that the ordinances of the City do not require any of these things. There is an ordinance concerning the hours of operation of certain equipment, such as diesel or gas-powered machines or equipment. Malkerson noted his client has agreed to more stringent hours than what is commonly allowed. On the top of Page 4, it talks about that in addition to that ordinance, there are different sections that talk about the regulation of streets, sidewalks and other public places. Malkerson noted there are no restrictions anywhere relating to what his client is proposing to do. Malkerson stated there has never been any restriction on what they are proposing to do even though these ordinances address at length the use of public roads and the type of vehicles that can travel on them and the weight of those vehicles. Malkerson stated there are exceptions called out in these ordinances as to the weight of vehicles for residential use or for a project in the City because the drafters and enforcers of these ordinances understood at some point there is a need for heavy trucks to be traveling on the public/city streets in order to have construction. Page 5 notes that the application fully complies with the City’s subdivision ordinance. Malkerson stated all aspects are complied with and that the applicant is willing to agree to the conditions even though they are not required by the ordinances. Malkerson stated given all of the ordinances that the City has on the use of public streets, these are the ordinances that apply, and they will comply with them. The subdivision ordinance says they shall comply with other ordinances of the City, but it does not say anywhere in the subdivision ordinance or in any other ordinance that the City can require the developer to construct a separate construction road. Malkerson noted there is no requirement for that in the subdivision ordinance and he does not believe the Council should be led to believe that they have that authority. Malkerson stated Page 7 assumes that the City could interpret the subdivision ordinance that way. Even if that was the case, all of the traffic experts have said the use of the current road is safe now and will be safe during construction, and therefore there is no rational nexus between requiring a road going up and down a steep hill that has to be 20 feet wide. Malkerson stated there is no nexus or relationship between any power the City has in the subdivision ordinance and the ability to require such a road. The policies of the MCWD also say that you should not be disturbing those areas since they do not want to put at risk those bluffs. On the bottom of Page 9, there is a summary of what the expert traffic consultant has said concerning this matter. His comments have been set forth in the minutes and are set forth in the letters from the consultants. The City Engineer and the City’s consulting engineer have stated that the road is safe now and will be safe during the construction activity. The applicant’s traffic consultant has also provided lengthy testimony to the same effect. Malkerson stated it comes down to two questions: Does the applicant comply with the City’s ordinances relating to streets, and the answer is without a doubt yes. Does the applicant comply with the City’s subdivision ordinance, and the answer is inescapable that they do indeed. Malkerson stated they would MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 41 ask the City Council to approve the proposed resolution with the additional condition that Mr. Steadman stated earlier and the additional condition of the speed bumps if the Council so chooses. Printup stated he is just trying to think of the bus routes in relation to the construction traffic. Printup noted he had suggested 9:00 to 2:00 earlier and that Mr. Steadman felt that was too restrictive. Printup asked if he would be okay with 8:30 to 4:00. Steadman stated he would be open to that. Levang asked if Saturdays are off the table. Walsh noted Mr. Steadman had indicated he would be open to that. Levang stated the Council would need consensus on those two points and that there should be some discussion on it. McMillan noted there has been quite a bit of discussion on this application in the past, as well as two weeks ago, and that she would ask the public to comment on something that has not been said before. McMillan stated in her view the Council would like to make a decision on this tonight but that she would open the meeting up for any kind of response that did not happen two weeks ago. Steven Brynes, 1025 Heritage Lane, stated he is not an engineer and not a lawyer, but a person who loves his neighborhood and the land. The homeowners association has never been in opposition to Mr. Jacobs’ right to develop his land, but in the original Planning Commission requirement, Item No. 3 asks if any alterative feasible route has been evaluated. Brynes stated there has been some wonderful prose from the developer’s experts who continue to talk about how they should be allowed to bring the traffic in the way they are proposing but that he does not believe the fundamental question from the Planning Commission has been addressed. Brynes stated in regard to the specific comments from the letter submitted by Mr. Erickson, there are still gaps in what Mr. Gronberg has been reporting back to the City Council that bear some further discussion. Brynes stated as they talk about the cul-de-sac variance, it is his understanding a variance is required to proceed. Gaffron stated that has never been a question. Mattick noted that is something that happens at final plat. Brynes stated if the variance is intended to be granted, given the number of houses that would be added to the extension, Staff’s report states it would result in a minimal safety issue and that therefore the variance should be granted. Brynes stated in his confused mind, he would argue that by the City’s own argument, creating a road that goes from Shoreline to access these properties is no different than granting a variance from Heritage and that there would only be four houses accessing that road. Brynes stated by the City’s own argument, that alternative road would be even safer than extending Heritage Lane. Brynes stated to his knowledge that question has not been fully addressed to satisfy the issue. Items 3 and 4 are in regard to impervious surface. Brynes stated given the visibility, when he hears the respondent say that they understand the issue and they will address them later, it raises the question of MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 41 why they are not addressing it now. Brynes stated he is confused why the City is not now reaching out and speaking directly to these agencies to make sure these permits will be granted. Brynes stated their engineer reached out again today to the MCWD and the City on those issues and he still has not gotten a response from the City. Brynes stated there has never been a request to the MCWD for review of the application and that it is not clear whether the MCWD will approve this. Brynes questioned why the City is rushing to judgment to approve this without their input and all the facts have not been evaluated. McMillan requested Staff address the issue raised about the MCWD. Gaffron noted there has been discussion between the applicants and the Watershed District. Staff has copies of those e-mails that have gone back and forth. In addition, the Watershed District typically does not want to get deep into a review process until there is preliminary plat approval because they do not like to do their work twice. All the preliminary discussions that have occurred to date suggest that the MCWD is not going to have an issue with this subdivision. Gaffron noted most of the things that the residents’ engineer put forward are things that are done at a final plat stage. Brynes stated he understands that, but once the genie is out of the bottle, it cannot be put back in. Brynes stated there is a line that needs to be drawn here in understanding what the issues are, especially given the size of the homes. Brynes stated these are major homes going into one of the last Big Woods stand left on the lake and that this is about going above and beyond the minimum to ensure the City does the right thing. The MCWD has reached out and offered to take this one but they have not received any response from the City upon the MCWD’s inquiry. As it relates to the tree survey, Brynes stated this is a minor issue, but the misdirection is when they talk about the specific issues that need to be raised, there are additional trees that need to be removed around the retaining wall. Brynes stated in their opinion, as the retaining wall is built, there will be additional trees that will have to be removed, and there has been no response that addresses that issue. On multiple occasions the questions of the residents’ engineer have not been responded to. Brynes stated there is still the open issue of whether additional trees will need to be removed as a result of the retaining walls. Brynes stated when they talk about alternative access, he again goes back to the requirement of the Planning Commission to seek an alternative access to the site, which has not been properly evaluated. Brynes stated what is stunning is the response that contractors would have to come through the Jacobs’ property, which would cause incredible disruption to his guests and delivery vehicles, and is using the same argument that the residents are using. Brynes stated when they talk about the needs of many versus the needs of one, the burden continues to fall onto the 48 neighbors of Foxhill that will have to deal with it every single day. Brynes stated the applicant’s argument that Mr. Jacobs would not be able to access his house is nothing but over the top since that is the same issue they have been talking about. Brynes stated when he thinks about the idea of a master plan, this is an enormously important piece of land, and in the applicant’s own words, the sketches for the property have always had an extension of Heritage Lane. Brynes stated after two years of discussion, his question is why has not the question of alternative access been evaluated. Brynes stated that is part of what a master plan is all about and the City should be considering the long-term development of Lot 4 and how it will access Smiths Bay. Brynes stated the City should be finding out the answers to these questions before giving approval. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 41 Brynes stated another issue that is unanswered relates to the existing drain field. The residents’ engineer has said that design and location for an alternate site for the system should be shown that does not impede upon the building site. The November 18 response makes no mention about the existing septic field impeding on the location of the current site. The question is whether the developer is prepared to not develop that site until Lot 4 is connected. Brynes stated the response on the 18th does not address that specific issue. Brynes stated the final point relates to the Hennepin County recommendation. As Councilman Walsh pointed out, he had a conversation with Steve Grone. Another member of the homeowners association has also spoken to Steven Grone, and what he came away from that conversation is vastly different than what the e-mail implies. Brynes stated it might not be a misrepresentation but that it is an attempt to use the information to bring their case forward in the best of light, which is what the residents are also attempting to do. The Council’s job is to make a decision on what the final answer should be. Brynes stated he would ask that the discussion and approval be tabled so the Council has the time to do the necessary further consideration on their own. Brynes stated there are enough issues that seem to be unanswered, and even in talking to relatively the same people, the residents are getting different responses. Brynes stated this is something that the residents will live with forever and that they want this to be something they can look back on 25 years from now and say the City did the right job. Brynes stated in his view the City is rushing to approval before the Council has had the time to make thoughtful and considerate decisions. Dennis Libby, 1000 Heritage Lane, stated he is here tonight to give the Council some additional information. Libby stated he does not need to remind the Council that in a democratic process and good governance, they are obligated to serve the good of the many over the good of the few. Libby stated they often forget to ask, when they have these discussions, is not whether the City of Orono and the developer have the right to use Heritage Lane for access but whether it is the right thing to do at all. Libby stated he took part of his afternoon today to take a couple of still photographs of the entrance and exit from the Irwin Jacobs’ property and provided those to Staff. The Council has already seen the video showing the school bus going down Heritage Lane. Libby stated the first picture is a panoramic view looking out to County Road 15 from where the Heritage residents would typically have their dock system. As you look to the left, you can see one of the monuments. Libby stated this is an obstructed corner and that the line of sight from this spot is dramatically poorer than it is from Irwin Jacobs’ driveway. The next photograph shows the approach from the Irwin Jacobs’ driveway, which has a longer line of sight than the Foxhill residents do at their entrance. Libby noted Exhibit D is the correspondence that has been mentioned on a number of occasions, which is an e-mail correspondence from Steve Grone at Hennepin County. Libby stated during his conversation with him today, he made no leading comments but simply referred to the 1700 Shoreline Drive property address. In the e-mail, Mr. Grone indicated that Hennepin County would require that the construction traffic use the existing city street, Heritage Lane. Libby stated when he asked Mr. Grone if he recalled that conversation of October 21 with Mr. Gronberg, he indicated he did. Libby stated he then asked Mr. Grone if he were knowledgeable of these two alternatives – the Heritage Lane access and the Jacobs’ property access. His answer was that he has never been on site or done any research because he has never been approached with an application, which is contrary to what the City ordered originally when they requested that an alternative road be explored. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 41 Libby stated his point and premise is, in orchestration with Steve Brynes’ remark, the Council does not have enough information to make a prudent decision of governance based on the good of the many outweighing the good of the few. Libby stated the City really needs more time to look at this and that in particular they should ask whether Hennepin County has any authority for requiring the use of the Jacobs’ driveway. In addition, the developer has never really educated the Council or brought forward the scope and magnitude of these homes. Libby stated Mr. Steadman has mentioned to him that maybe they will not build big houses. Libby stated someone does not invest a million dollars in a 3-acre lot to build a small home and that these houses more likely will be 12,000 to 16,000 square foot homes. Libby noted that type of home is not built in six months and that the Foxhill residents are looking at a potential of three to six years of open-ended construction activity consisting of roofing, concrete, flooring, and framing. In addition, the construction will likely will require some type of crane construction. Libby noted Heritage Lane already cannot accommodate the school bus passing a maintenance truck and that it will be very difficult to traverse Heritage Lane if there are cars parked along the side of the road, especially during the summer when the residents are parked there so they can access the dock. McMillan noted the white house on Heritage Lane got torn down and rebuilt approximately eight years ago and that their driveway was off of Shoreline. Hennepin County did not want the new driveway to go onto County Road 15 and they told the City so. The City ended up keeping the driveway where it is. McMillan stated Hennepin County makes strong recommendations on what they feel is right and that they want the traffic properly managed. McMillan stated she does not want to get into what Hennepin County says as being set in stone and that they make strong recommendations, which does not mean they cannot be overridden by the City. McMillan stated when Hennepin County looks at this situation, they look at the fact that Heritage Lane has a turn lane, which they deem as being safer. McMillan stated the City respects what Hennepin County says about their roads and that the City respects what other agencies have to say. McMillan stated she would like to leave it at that and not get into what was said to whom. Libby stated the statement that was made this afternoon by the Hennepin County authority was that the statement contained in the e-mail is a standard response and it has no intrinsic specific application to 1700 Shoreline Drive. McMillan stated that is their response and that she will leave it at that. Greg Coward, 1950 Heritage Lane, stated there have been two representations that he has wondered about since he has gotten involved with this application. One was what the Mayor was just addressing. Coward stated it seems to be that there is a difference between a Council saying it can be allowed versus having it appear to everyone here in the audience that the County will not permit it and it is a done deal. Coward stated if Hennepin County had refused access through the Jacobs’ property, this would have all been over months ago. Coward stated the other issue is about the bluffs. Coward stated he never saw the platting of the ground, and that when he heard about the bluffs, he assumed that the alternative road would have to go over the bluff and then down into the area. Coward stated it was only afterwards that he found out that there were MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 41 two bluffs and a valley through them, which was never presented to the residents. Coward stated even as of today, that road exists through the valley. Mr. Steadman spoke about runoff from that. Coward stated if there is a road today, there is runoff from that, and that perhaps the road could be fixed somewhat. Coward stated it is not as though it is impossible but it probably has not been reviewed enough. Coward asked whether they know that the cul-de-sac has to be in the place being proposed by the applicant. If an alternative road is done, can that same cul-de-sac be in a different location and not be 1,750 feet long. Coward stated he has not heard any discussion about that. McMillan stated the City Council did discuss eliminating one of the cul-de-sacs but that it was determined it would be required. McMillan noted the City has approved a number of variances for longer cul-de-sacs in the past. Generally when a cul-de-sac is built, the City wants it to be a private road and it is maintained and plowed by the residents who live on the road. The City will allow longer cul-de-sacs because they are privately owned. McMillan noted no precedent would be set by granting the variance and that the City Council has actually talked about changing the code to allow longer cul-de-sacs since variances are typically granted. Coward stated in either case there is going to be a variance and that the choice is between having a cul-de-sac that is 1,600 feet long or 1,750 feet long. Coward stated he is saying that has not been addressed, which is another example of an alternative that has not been addressed. McMillan asked if he is talking about a permanent road or a temporary alternative access road. Coward stated it could be one for construction or permanent access. Levang suggested the applicant address the issues that were raised by the residents. Gronberg stated as it relates to sewer hookup, Lot 4 would be connected up at the time the system becomes operational so there would be no impact on an existing drainage system. Gronberg stated they will be using drainage walls to keep within the grading limits as much as possible to limit the impact to the trees. McMillan asked if there will be any tree loss on the neighboring property. Gronberg stated they would like to keep the tree removal to a minimum. McMillan noted there are some large trees on the neighboring property. Gronberg stated there are some in the corridor and on the neighboring property. McMillan stated there should probably be a replacement plan if something happens to those trees. Steadman indicated they are agreeable to that. McMillan asked at what point the City should see that plan for landscaping in the corridor. Gaffron stated Staff would like to see it prior to final plat. Gronberg noted that was discussed in a meeting with Staff. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 41 McMillan stated it might be more difficult on Mr. Libby’s property but that replacing the trees would be a nice gesture. Libby pointed out the location of his home and the existing cul-de-sac. Libby stated that area currently is a heavily wooded area that is highly elevated at the street end. In order for a roadway to be created, that elevation would have to be dropped approximately 6.5 feet. In 2003, Mr. Gronberg was the recommended design architect to modify his lot after his property suffered catastrophic flooding. Libby stated when the flood occurred, he did not know what to do and that he approached the City and said he would like to fix the grading. Libby stated Mr. Gronberg did the design and everything was done by the book. Libby stated he had to bring in 185 yards of dirt to regrade and extend his lot out. McMillan noted most of the Council has visited Mr. Libby’s site and they are aware of the grade. Libby stated when he brought in 185 yards of fill, it took 14 truckloads of dirt. Libby stated all the engineered designed drainage that moves the water away from his house will have to be addressed, modified and changed. Libby stated the Corps of Engineers also took a look at his property prior to even a shovel of dirt being moved and that he complied with all the regulations. Libby questioned why this project is not being treated the same way. Libby stated too many pieces of the puzzle are missing and that the Council should look at filling those in. Libby commented he has not tried to make himself self-centered or selfish but instead tried to be the voice of the children and neighbors. Libby indicated he has received numerous calls thanking him for being the voice of the people who often do not get consideration. Libby noted just two weeks ago the Council had Hennepin County here at the bequest of the Metropolitan Council to talk about a project beginning in January of 2016. Libby stated that will be one of the largest sewer projects on County Road 15 to Orono Orchard Road. Libby stated in addition to what the residents will be dealing with relating to this subdivision, that project will also cause major delays for the residents trying to get in and out of their neighborhood. McMillan stated to her knowledge they will be accessing off of Dakota Trail, but that if the project is not done, the residents will not be living in their houses and that it is a necessity. McMillan stated the City has to have good wastewater treatment infrastructure. McMillan pointed out this is an example of what is called infill development, which means that the areas surrounding this property are fully developed. McMillan stated due to that, these types of development are very difficult. McMillan stated this project will obviously be much more impactful than simply one house since there will be three lots being developed and trees will be removed. McMillan stated she does not doubt any of the residents for being concerned but that this is what happens in an infill development. McMillan stated people have a right to private property and they have a right to develop that property. The City Council has a book of codes that they must comply with. As Mr. Malkerson pointed out, everything in the code book allows them to do what they are proposing to do. McMillan stated the applicants have legal access off of a public road in order to develop these three lots and they are not required to create a temporary construction road on their property when they have legal access to the northern lot on a public road. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 41 McMillan stated the applicants did not have to do so many steps to mitigate, but that they are offering quite a few steps to mitigate. McMillan stated she does appreciate that and that in her view adding some more trees to the corridor would also be nice way to mitigate the impact. McMillan stated she would like to get through the idea of a temporary access road and get back to the applicants’ right to use Heritage Lane. McMillan stated the issue is not whether the property owner’s name is Jacobs or Jones and whether they live in a mansion or a cabin, but what she cares about is that the property owner has legal access to develop that northern parcel off of Heritage. Printup stated the burden undoubtedly falls on Foxhill. Printup stated people have a right to develop but noted there is not a public road that goes through there yet. Printup stated in his view it is worthy to explore an alternative route. Printup stated when they talk about concessions, he would like to thank Mr. Steadman for being open to those and that it is a significant step to alleviating some of the concerns of the neighbors. Printup stated in his view more concessions could be made. Levang stated she has spent many, many hours reviewing this application and that she met with Staff again today to review documents, including the engineering documents. Levang stated she has spent many hours thinking about this application and what she would like and what is right. Levang stated in her view she is an ethical person and that she works very, very hard at her job as a city council member. Levang indicated she has walked the land, came out to meet with one of the residents. Levang stated she does stand with the idea that Mr. Malkerson brought up about how in 1965 this road extension was agreed to. The fact that a road was not built is not known. Levang stated she attempts to treat people the same when she reviews applications and that she is very concerned about being able to walk away from this job and feel proud about the decisions that she has made. Levang stated this is a very difficult situation, but in her view at this point Mr. Jacobs has the right to use this land and she does not have the right to say he cannot use it. Council Member Cornick stated in his view the City Council cannot refuse anyone the right to use a public road, which is basically what the issue is, and that is where he stands on this. Walsh stated everyone has presented their case very well but he does not want this to be a situation where everyone is mad at each other. Walsh stated a lot of very good questions that have come out of this. Walsh stated he is in agreement with Council Member Printup that there is not a public road that services this property yet and it creates an economic burden and an additional liability on the City to have this road. Walsh noted it does need a variance to make it happen. Walsh stated he would disagree with Council Member Levang that this is a difficult decision. Walsh stated in his view there is a large burden being placed on the Heritage Lane residents and it would be a small burden to require the construction traffic to go through 1700 Shoreline Drive. Walsh stated it is his belief the applicant can somehow figure out how to make that work and that it would be a small burden instead of going through Heritage Lane. Walsh commented he appreciates the willingness of Mr. Steadman to consider not having Saturday construction and potentially changing the time from 8:30 to 4:00 Monday through Friday. Walsh stated everyone has to make some accommodations but currently all those accommodations are still going MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 41 through Heritage Lane. Walsh stated it would be a small burden to have the construction traffic go through 1700 Shoreline. McMillan asked if he is interested in the resolution before the Council tonight. Walsh stated he would like to have some amendments to the resolution. McMillan asked if he wants to include something on an alternative road. Walsh stated he would like to include language to the effect that the low level truck traffic, not the big trucks, will park up by the cul-de-sac and that they can walk down there or figure out how to create a safe passage. McMillan stated there would need to be a legal definition for low level. McMillan stated the Council can vote on that idea of an alternative construction road, but without having a legal definition for how that should read in the resolution, it would be difficult to approve it tonight. Walsh stated it would not have to be a legal definition and could merely say that this is what can go down Heritage Lane. Walsh stated they can call it dump trucks or go by vehicle weight. McMillan stated that might be difficult to enforce. McMillan asked if Council Member Walsh would like the developer to build a temporary construction road. Walsh stated however they deem it reasonable and that they could either park at the cul-de-sac or figure out another way to do it. McMillan stated she is attempting to narrow it down. Walsh stated he envisions five revisions: the addition of the speed bumps, the use of a public service officer, changing the times of construction from 8:30 to 4:00, no construction on Saturday, and construction traffic going through 1700 Shoreline defined by vehicle weight. McMillan noted the current road at 1700 is a cart road and that they would be talking about a definite upgrade. McMillan noted big construction vehicles would need to get in and out safely. Walsh stated he is not suggesting how they solve that problem but that he is saying it should be considered. Walsh stated he is not here to do an engineering report. McMillan stated that is a significant thing. Printup asked if Council Member Walsh is talking about dump trucks, cement trucks, cranes and earth moving equipment. Walsh stated that type of traffic would go through Heritage and that the smaller vehicles could use the alternative access. Printup stated he is in agreement with that and that it would be a concession on the part of the developer that would help alleviate the burden on the residents. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 41 Levang noted they would still need to build a road at 20 feet width according to the fire chief. McMillan noted the heavy traffic would still be going down Heritage Lane. McMillan suggested the Council vote on the idea of an alternative temporary road. McMillan stated she would like to get a consensus among the Council on whether Heritage Lane should be used for all construction traffic. Walsh stated the main question is whether the worker level traffic will go through 1700 Shoreline Drive, which is either a yes or a no. Printup stated he would support that. McMillan and Levang stated they would not support that. Cornick stated the City would have issues with enforcement and that he does not support it. McMillan stated the Council appears to be okay with construction hours being restricted from 8:30 to 4:00. McMillan stated the next question is whether construction on Saturday should be included. Walsh stated he would like to see no construction on Saturday. McMillan stated she is fine with no Saturdays when the road is actually being built, but once that is built, in her view it would be okay for house construction on Saturday since they are further down towards the lake. McMillan noted the construction season is short and that it puts a big burden on the contractors. Levang stated the sooner the construction is done, the better for everybody. Levang stated she can see restricting construction on Saturdays when the road is being built but that it should be allowed once the road is completed. Walsh stated he is for no Saturday during the entire construction period and that there will probably be more traffic when the homes are being built. McMillan stated she is thinking more about the earth moving and building of retaining walls, which would be nice if it did not happen on a Saturday. McMillan noted the City has not been that restrictive on other projects. Walsh stated it is due to the conditions on the roadway in this neighborhood. Printup stated he is in agreement with prohibiting construction on Saturdays. Levang stated she would rather have it done in three years than five and that the majority of the construction traffic will get to the site and then stay there during the day. McMillan noted there would be no restrictions on construction on Saturday if a house is torn down on Heritage and rebuilt. McMillan stated as far as the construction of the houses is concerned, if the contractor would like to paint the house on Saturday that would be okay. McMillan stated in her view it involves too much enforcement and too difficult to do. McMillan stated it would also cut down on MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 41 precious time in the building industry and is not something the City typically prohibits. McMillan stated she is fine with prohibiting construction on Saturdays when they are putting in the initial road and cul-de- sac, but that once that is built, she is okay with Saturday construction. Walsh stated he would be okay with no Saturdays for the whole deal given the number of kids in the neighborhood. Walsh noted the workers would probably leave for lunch and come back, which will generate more traffic. Levang asked if this restriction should apply to other homes. Walsh stated they are also talking about granting a variance for the cul-de-sac. McMillan stated she would like some more information on the docks. McMillan stated she is not comfortable at this point with platting the outlots. Gaffron stated the question is whether there will be one outlot on the south side of County Road 15 or whether there will be more than one. Gaffron stated if there are three outlots with the intention that they have ownership either by Lot 4 or individually for potential future lake access, the issue is that Smiths Bay is shallow. Gaffron noted he has talked to Mr. Steadman from day one about the outlots and whether that is a place where someone will want to have a big boat that cannot go under Tanager Bridge. McMillan stated she is concerned about whether it is being set in stone by approving the preliminary plat. Gaffron stated they are not and that the Council can define how they want the ownership of that to happen. Gaffron stated the three lots could have a joint dock or nothing. The LMCD and the City have regulations regarding joint use of docks. Gaffron stated this is unique in that the properties are a quarter of a mile away and there is no parking along County Road 15. Gaffron stated if they were to attempt to park on Heritage Lane, they would have to go 500 feet down the road walking along the shoulder of County Road 15 to access their dock slips. Gaffron stated the expectation of Mr. Steadman is that they get in their small boat on Smiths Bay and then drive around to their big boat on the south side. McMillan stated it is in the resolution, which is why she is addressing it tonight. McMillan stated the Council could take it out of the resolution and deal with it separately, but that the way it is written in the resolution, she is concerned it would be creating the three outlots. McMillan stated she is not comfortable enough with it. Gaffron stated the Council could change the resolution and make it one outlot rather than three. McMillan asked if that area is an outlot currently. Gaffron indicated it is not and that it is simply part of the property. Gaffron stated the road is an easement created by Hennepin County, and based on the center line, there is land located on the south side of it. Gaffron stated the City has outlots in all kinds of situations and that the Council has the ability to describe what will happen within an outlot. In this case, since platting the property means that an outlot will be created, that area is not buildable and the Council could say that it has to be platted with the property located across the street. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 41 McMillan stated it is not the City’s goal to be creating a new outlot unless there is a justification for it, such as a previous historical justification or for lakeshore access. Gaffron stated he would agree with that for outlots for lake access. Gaffron stated there are standards for outlots as part of a PUD process. Gaffron stated the City does not have to allow it to be used for access for boats that are not attached or owned by the lot. McMillan stated she is not comfortable with the three outlots and that she is afraid by approving the resolution tonight with that language in it the City will be giving the property owner the impression that the Council is okay with it. Mattick stated the City Council has to do something with it, and whether it is allowed to be one or three outlots, that will need to be decided. Levang asked whether they can apply for dockage for three or four people if it is an outlot of 1700 Shoreline Drive. Gaffron stated if they apply for a multiple dock on a single long outlot, the City has a multiple dock license that could be approved or denied. The LMCD could do the same. Walsh stated one outlot could be created, with each property owner being given a piece of it along with one dock. Gaffron stated that is what the Foxhill neighborhood has. Steadman stated he agrees that issue could be dealt with later. The intent was to provide access by boat only from Tanager Lake to those docks and that there would be no parking. Steadman noted the Jacobs have a dock on Tanager Lake currently. McMillan stated the main issue is what should be done with that parcel of land. Gaffron stated if Mr. Steadman agrees to it, it could become one outlot. Gaffron stated it has to be platted as an outlot. Walsh stated it could be changed at final plat. Steadman indicated he is in agreement with that. McMillan noted that appears at Item 11 and on Page 7 under Item No. 1. McMillan stated on Page 8 the construction hours should be restricted from 8:30 to 4:00 Monday through Friday and no construction on Saturdays for road or cul-de-sac construction. City Attorney Mattick asked whether they would be allowed to dig foundations. McMillan stated that would be allowed. McMillan asked if Staff would prefer to bring the resolution back. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 41 Gaffron stated he would prefer to bring back a resolution that reflects exactly what the Council’s direction is tonight. Gaffron stated what he currently has written is that road construction hours will be restricted from 8:30 to 4:00 Monday through Friday, and when road construction is done, hours for house construction are restricted from 8:30 to 4:00 Monday through Saturday. Cornick stated in his view it would not make much difference. Levang indicated she is in agreement with what Mr. Gaffron stated. Cornick stated he would be in favor of Saturdays after road construction is completed. Cornick stated there was also the issue with the Police Chief advising on the traffic. Cornick asked if there could be a committee consisting of the Chief and a resident from Foxhill to make those decisions. Mattick stated his concern is delegating decisions about public safety to a member of the public who does not have the necessary knowledge and training required. Mattick stated he is not sure if it would make sense to expand it beyond Police Chief Farniok. Cornick stated it seems to be a lot of authority to be placed on one person and that it might be better to get two opinions. McMillan stated if it gets to be a problem, the Police Chief can approach the Council. Walsh stated they could start with that and change it later if it problems a problem. McMillan noted another proposed condition was the addition of speed bumps. McMillan stated once the speed bumps are installed, they will likely not go away and will be permanent. There is also the question of where to place them. Printup stated if the developer is offering it, it can be in the resolution, but that they do not have to be installed unless the City is approached by the homeowners association. Walsh stated he is not sure whether the neighborhood wants them. Levang stated speed bumps do create noise and that the City has had residents in the past saying they do not want them located in front of their house. Levang cautioned the neighborhood to be very careful about requesting them unless they understand the amount of noise they create. Levang stated there is also the issue of whether they should be removed during the winter. Walsh stated if they are requested, they should be provided, but that they should be the non-permanent ones so it does not place an additional burden on the City when it comes time to plow. McMillan stated the Council should just decide whether they should be installed or not. Printup stated currently it is just a condition that is being offered and that the Council can either approve or deny them if they are requested. Gaffron stated he will include language in the resolution regarding the speed bumps. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 41 Levang moved, Cornick seconded, to table Application No. 15-3774, Michael Steadman on behalf of Irwin Jacobs, 1700 Shoreline Drive. VOTE: Ayes 5, Nays 0. (A recess was taken from 9:31 to 9:35 p.m.) 8. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN John Bessessen, Applicant, and Tom Wasmoen were present. Community Development Director Barnhart stated this is a revision to a sketch plan that was presented about a month ago. The project shows 22 single family lots and last time 24 lots were proposed. Access would be provided off of Shadywood Road, with no access proposed off of Kelly Avenue. The project includes three different house styles. The larger homes would back onto Kelly Avenue with access to the internal street. There would also be medium size lots and 45-foot lots adjacent to Shadywood and through the interior of the project. At the last Council meeting, there was quite a bit of discussion regarding this project and the impacts to Kelly Avenue, traffic, visibility from Kelly Avenue, flooding, and the tree line in that area. The developer is looking for feedback from the City Council. The biggest question in the past has been the proposed density. The zoning for the Shadywood Road parcel is B4, Office, and it is guided for mixed use. For the Kelly Avenue parcel, it is currently zoned one unit per acre and is guided for two to three units per acre in the Comprehensive Plan. There is a total of 4.3 buildable acres. The proposed development would require a rezoning and a comprehensive plan amendment in addition to the subdivision process. Overall, the 22 units on 4.3 dry buildable acres yields 5.11 units per acre. For the Kelly Avenue parcel, the proposed plan shows density higher than prescribed by the Comprehensive Plan, by the zoning ordinance, and higher than suggested by the City Council at their meeting on October 12. Barnhart stated the developer is in attendance tonight and would like the opportunity to present their proposal. Tom Wasmoen stated he hopes the Council had a chance to review the narrative he sent along with the latest diagram. Wasmoen indicated they have also conducted another survey of the site. Wasmoen displayed a number of pictures showing a combination of large and small trees along with some brush and evergreen trees along Kelly Avenue. Wasmoen displayed some pictures of the home that is being built next door. The next picture is of a barn that sits on the property that faces Shadywood. Wasmoen stated they are considering using the barn as an iconic symbol for the neighborhood, such as making it a clubhouse for the neighborhood. Wasmoen displayed pictures of the property taken from Shadywood and Kelly Avenue, noting that it is difficult to see the home that is being built even with the straight driveway and no vegetation blocking that construction site. Wasmoen stated the project does not have much visual impact from Kelly, which is an important point to note. Wasmoen also displayed pictures looking across the wetland and then across the other side of the street. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 41 Wasmoen stated they have looked at how much area on the site would be protected in terms of tree coverage. The sketch plan shows the undisturbed conservation zone, which stretches from Lund’s along Kelly Avenue. There would be a pedestrian path that allows the neighbors to gain access to the public beach further down on Kelly Avenue. Wasmoen stated there would be no other access to Kelly Avenue. The hammerhead would be minimized as much as possible but currently it is 75 feet from the end of the property line. The ravine would be undisturbed and the dashed lines show the areas where the construction would be. Wasmoen stated they are attempting to not disturb as much of the lot as possible around the home pads. Wasmoen noted the home pads will change shape slightly as they work on the plan. Wasmoen indicated they will work around the existing vegetation as much as possible and that they have almost doubled the size of the conservation zone. In addition, two homes were removed, and instead of having six homes facing Kelly, there are only four. The homes are still grouped down on the one end to help retain a large amount of vegetation but the sites have been opened up slightly. Wasmoen stated the lot width has been increased from 40 feet to 45 feet without changing the proposed size of the homes. Wasmoen stated given the fact that they are maintaining the conservation easement in addition to as much of the vegetation as possible, which will prevent these four homes from impacting the view from Kelly. Wasmoen noted they will not be adding traffic onto Kelly and that they will be in control of all water runoff on the site through rain gardens that will hold the water and direct it the appropriate way. Wasmoen stated after hearing some of the conversation from the previous meeting, he would like to note that any construction traffic that will happen will come off of Shadywood and not impact any of the residents on Kelly Avenue. Wasmoen indicated he also had a conversation with Hennepin County regarding the access point and part of the development cost would be to improve that access point basically from the intersection at least down to this site in terms of widening the road and creating an additional area for traffic control. Wasmoen stated they are hoping to create a memorable development that will be attractive to empty nesters and families. The homes will have living space that includes a master bedroom on the first floor for the empty nesters and the two-story homes would have additional bedrooms and/or a family room for families. Wasmoen noted the actual homes have not been designed yet but that they would set in place design guidelines that would help create a cohesive neighborhood. Wasmoen noted he has provided some photographs from an area of Orono and other architects who do this kind of home in the area. Wasmoen stated in their view this development is very much in keeping with the overall quality level of homes that are built throughout Orono and Navarre. McMillan asked if the first row of homes on Shadywood will be on top of the ridge. Wasmoen stated they have not done much engineering on the site yet, but their civil engineer has indicated he does not have a problem with the slope and fitting the homes in there. McMillan asked if it will be rain gardens or whether a storm water pond would need to be put in there for that type of density. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 41 Wasmoen stated they can either do rain gardens or storm water ponding. Wasmoen stated they can also do some retainage with a water vault under the road and that they would like to avoid ponding since they are trying to protect the existing vegetation as much as possible. Levang asked what distance it is from the first house to Shadywood. Wasmoen indicated it is approximately 30 to 35 feet to the road from the property line. There would be the boulevard, the trail, some green space, and then the first lot. Levang asked if he will be mounting some signage or monument. Wasmoen stated there will be a little street sign at this point and that they are not contemplating creating an arched opening into the development. Wasmoen stated the little barn would be used for promotional things. McMillan noted there are a number of neighbors in attendance tonight but that she would like the Council to discuss the sketch plan first. Levang stated she likes the fact that the garages are in back along Shadywood, which creates more of a neighborhood feel and a better streetscape. Wasmoen stated it also allows the traditional front porch type of house. Levang stated she is not at all in favor of the two 60-foot and the four 45-foot lots that are on the Kelly side. Levang noted there are two parcels of land here but that she is not at all in favor of that density on the Kelly side. Levang stated she would be willing to look at three to four houses on that piece of land but that she is not interested in the other pieces for that parcel. Levang stated when he talked about the church’s new home, she would note that land is higher up and a little bit hidden. Levang stated if he is talking about having those four larger lots closer to Kelly, they will be visible. Levang stated in her view anything will be visible but especially if they are that close to Kelly. Levang indicated she drove by the site today and it is an open view when someone drives by. Levang stated she would like to see those three to four houses brought up closer and more in line with the church’s new house and that she is not in favor of the plan that is in front of the Council tonight. Wasmoen stated they are trying to conform to the two to three units per acre that is asked for by the Metropolitan Council. Levang stated she is not in favor of that and that in her view the density is way off given the topography of the land. Walsh stated he looks at this as two separate and distinct parcels. Walsh stated in his view County Road 19 is a too highly traveled road to be having more residents trying to get in and out. The Kelly portion of the property is part of the Kelly neighborhood and should look like that neighborhood. Walsh stated he is in favor of three homes on that parcel and that it should access off of Kelly since it gets less traffic. Walsh stated on the other parcel 12 homes is too many and that the number should be closer to seven. Wasmoen asked what that density is based on. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 27 of 41 Walsh stated in his view that would fit better. Walsh stated in his view the side setbacks should all at least be 10 feet and that 5-foot setbacks are not good for anybody from a neighborhood standpoint. Wasmoen commented the 5-foot setbacks work in his neighborhood. Walsh stated the beauty is in the eye of the beholder and that he would like to see 10-foot side setbacks. Printup stated he is in agreement with Council Member Walsh and that they are two distinct parcels. Printup stated he has a concern with the traffic coming onto Shadywood and going through the more dense area. Printup stated he is not sure he likes the style of the shared driveway concept and that he is in agreement with the 10-foot setbacks. Printup indicated he also is in agreement with fewer homes on the Kelly side. Cornick stated he would support three houses on the Kelly Avenue parcel and that he likes the other part of the sketch plan. Cornick stated he can see three to four homes maximum on the Kelly Avenue side. Walsh stated this is a great piece of property and that they can do something unique rather than trying to jam in as many homes as possible. Wasmoen stated every time they have presented to the City Council, the plan has gotten better. McMillan stated the issue is the density. McMillan stated she wanted to look at a PUD since it would allow for one access and would offer more protection to the trees. McMillan stated if this land is subdivided into three or four one-acre lots, whoever owns the property can do whatever they want with the trees except for what is in the conservation zone. McMillan stated the problem is that it is too dense and that she would like the developer to look at it closer to see how they can accomplish a lesser number of units and save more trees. Wasmoen noted they have reduced it by two units. McMillan stated the northwest corner is not where the better trees are located and that the better trees are further south. McMillan stated based on what they are seeing tonight, it appears the Council is not interested in this PUD sketch plan and that the developer should go back to two separate parcels and developing them independently of each other. Wasmoen asked if they can agree that the homes can be gathered at one end of the lot rather than spread out over the lot. Wasmoen stated they are trying to protect the natural portion of the lot and that this end is the more buildable end of the parcel. Wasmoen stated one of the things they heard was not putting anybody back out on Kelly. Wasmoen stated if they constructed homes on one street, there could be one access point. Wasmoen stated there has been a lot of back and forth in terms of trying to reduce the impact on Kelly Avenue. Wasmoen stated they can possibly take out four more homes and then pull some of the other homes back another 50 feet, which would get everybody to a good compromise but yet still have enough units to create an HOA to take care of the street and the landscaping and other common areas rather than trying to create three separate homes and four separate homes. Wasmoen noted the guiding shows much higher density than what they are proposing currently. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 28 of 41 Levang stated she is not so crazy about the walking path either. McMillan stated the Council can discuss that later once the plan becomes further refined. Levang stated she would prefer the PUD because that provides more control. McMillan asked if he is still okay with the smaller homes. Wasmoen stated the bigger lots are driving bigger homes. Wasmoen stated they are talking about a 1,500, 1,600 or 1,800 square foot footprint for a minimum home size. Wasmoen stated if somebody came in and wanted it to be 2,000 square feet that would probably be okay, but that the PUD would allow some design control over the homes. Levang asked if he would be willing to commit to that. Wasmoen indicated he would be. Walsh stated he is talking about reducing it from 24 to 18 and that he is thinking of ten homes. Wasmoen stated there is plenty of room for the number of homes they are showing. McMillan stated if they can show there are proper setbacks, they could build the homes. Walsh stated his mental thought process is that there will just be more people trying to get out on County Road 19, which is one reason for the two separate lots. Wasmoen noted they would have to improve that access. Walsh stated a vehicle trying to take a left-hand turn would have a very difficult time. Walsh stated he would like to keep three houses on Kelly so the neighborhood is consistent and then reducing the number on the other parcel. Wasmoen stated there is a lot of room on the parcel and that in their view the homes would not be jammed in there. McMillan asked if anyone from the public would like to comment on the sketch plan. Judy Fredrickson, 2507 Kelly Avenue, stated she would like to thank the Council for their consideration on this matter and for responding to e-mails, telephone calls, and walking the property. Fredrickson noted this is all about trying to preserve the unique character of a very unique street, which is exactly what Orono’s Community Management Plan talks about. The Community Management Plan states the City should preserve the distinct rural lifestyle, natural resources, open spaces, and the local character and identity. In the Community Management Plan it says Kelly Avenue is zoned LR-1B, one-family lakeshore one- acre zoned property. Fredrickson stated she is trying to find where the Community Management Plan shows that there is a disconnect that needs to be resolved since it is clear as day and says single-family one-acre zoning. Fredrickson stated when she thinks about the Council making a decision to change the MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 29 of 41 zoning, there would have to be a clear and compelling reason to do that. Fredrickson noted the Council spends a lot of time talking about slight variances on a property and that this would be a major change. Fredrickson noted Mr. Wasmoen also talked about the Metropolitan Council requiring two to three units per acre but yet there is nothing in the City’s documents that say anything but one-acre lots. Fredrickson stated nothing has ever been presented in the past 18 months that says that. Wasmoen noted it is contained in the guide plan. Fredrickson stated they purchased their land knowing what was across the street and Mr. Delaney purchased his land knowing what the zoning was. Fredrickson noted she was here one month ago with a friend when he was requesting a 1-foot variance and he was not given it. Fredrickson stated they are again here talking about rezoning this land when it very clearly states in the plan that it is one-acre zoning. Fredrickson stated this is a very unique lot and is not flat farm land. Fredrickson stated the Council has to let the land speak to them about what will fit on the property. Fredrickson noted this land is not flat, it slopes, and it is not possible to excavate the area to make those homes fit in there like depicted on the sketch plan. Fredrickson indicated she also did some research on trees. Fredrickson stated she called the MN Department of Forestry and also spoke with a friend of hers who has done a lot of development. Fredrickson stated it does not matter if it is 24 units or 12 units and that when you are talking about trees and excavation, a person has to worry about the root system and not just the canopy. The root system goes out twice the tree’s height. Fredrickson stated the bottom line is, when there are that many homes, the land will be clear cut or the root system will be disturbed, which means the trees will die, and that she would rather place her bet on three single lots if it will save all the trees. Fredrickson stated it is not a guarantee that somebody will cut them down but that they would be a fool if they cut down them since that is the best feature of the lot. Fredrickson stated it is disingenuous to say they will not be cutting down very many trees. Fredrickson stated the biggest problem with the sketch plan is that it should be accurate. Fredrickson indicated she has been presenting materials for 35 years, and that when she gets an opportunity to sell something, she knows she has to do it right since everyone’s time is valuable. Fredrickson stated if she is presenting for the seventh time, she has to be extremely lucky. Fredrickson stated the developer should not come in with a drawing that is not to scale and that it is likely if someone parks in some of the driveways, the back end of the vehicle would be sticking out into the street. The road is also not wide enough for two cars to pass each other. Fredrickson stated they also cannot build that close to the conservation area because there is a big drop-off. Fredrickson noted the bubble drawn on the sketch plan supposedly represents the radius that is required by the City of Orono for a turnaround for fire and emergency but that it is drawn to a quarter of the size. Fredrickson stated given the distance between some of the homes, you can literally shake someone’s hand in the adjoining house. Fredrickson noted the ordinance says the garage must be 40 feet from the street, but yet the developer is coming back in with a drawing that does not comply with that after 18 months of presenting this to the City Council. Fredrickson stated the Council should be giving the developer feedback and saying that they should not be wasting the Council’s time. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 30 of 41 Fredrickson suggested the developer place three units on each side so they end up with nine units, which would allow them to preserve some trees in the middle, allow for some green space, and then have the driveways coming off the spoke. Fredrickson stated there should only be nine to eleven units but not 22. McMillan noted the Council agrees with her on the density. McMillan asked how she feels about the PUD versus the two separate lots. Fredrickson stated if the developer would make it three homes on the Kelly Avenue side, she would be out of here and that she really does not care about the other parcel. McMillan noted if there is not a PUD, the Kelly parcel would be subdivided and there would not be a restriction on the size of the homes with 10-foot setbacks. Levang noted there will also be additional trees cut if there is a driveway coming onto Kelly. Levang some of the e-mails she has gotten say no driveway off of Kelly and others have said that it is okay. Frank Mascerano stated when they purchased Mr. Nelson’s property, there was an old shack on there that they remodeled. The house is between 400 and 450 feet off of Kelly up the hill and that the 40 or 60 feet the developer is proposing will not get the homes beyond the tree line. Mascerano stated he is all for cooperating with the neighbors and that they have done everything they can to fit the new home into the neighborhood. Mascerano stated he would support single-family homes on two separate lots and that the density has to make sense. Bob Ponzetti, 2545 Kelly Avenue, stated it is important that the house be set back as much as the house that is currently being built. Ponzetti stated he is located across the street from this parcel and that he is dead set against any kind of driveway on Kelly. Ponzetti stated in his view the plan as presented would be intrusive. McMillan stated the pastor’s new house is low profile and fits in nice with the lot, which is an important consideration. McMillan noted if the Council allows the Kelly lot to be subdivided into three lots, the City will not have any control over the size of the homes, and if there is a PUD, the City would have more control over the size and massing of the building. McMillan stated she is okay with two separate lots and okay with exploring a PUD with only 12 maximum units on Shadywood and four houses on Kelly, with all the homes accessing off of Shadywood, for a total of 16 homes maximum. McMillan stated that would also be contingent on if the Shadywood homes can be shown to have enough setback from the road and with significant tree preservation on the Kelly parcel. Walsh stated he would like to see two parcels, with three houses accessing off of Kelly, and no more than four or five units per acre on the Shadywood parcel. Printup stated he would add on to that the requirement of 10-foot setbacks. Cornick stated he likes the two parcels, with three houses on Kelly and eight at the most on the Shadywood side. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 31 of 41 McMillan stated the developer can draw Shadywood out separately and then divide Kelly into one acre lots. McMillan stated she is not sure how many units can fit on the Shadywood side and that it is currently zoned for an office building, which would require a change in zoning. Levang stated the recommendation from Metropolitan Council is four to five units per acre. Barnhart stated the Comprehensive Plan shows it as a mixed use, which is 4 to 15 units. Levang noted that would be 4 to 15 per acre. McMillan stated it could be an apartment building. Levang stated there is a gamble if it is not a PUD because it could be commercial, mixed use or residential, and that the Council would have to rezone if it is not office use. Levang stated in her view that is a big gamble. Levang stated she is agreeable with splitting it into two parcels and that she would hope the driveway would be minimal at best on the Kelly side. Levang noted tree preservation would be out of the City’s hand. Wasmoen stated they would need to start all over with their plans. Levang asked if the barn is something that will be retained. Wasmoen stated the barn is on the Shadywood side and that he is not sure what will happen to it. Council took no formal action on this item. 9. #15-3780 MICHAEL AND LISA LARSON, 3596 SHORELINE DRIVE, CONDITIONAL USE PERMIT Barnhart noted two weeks ago the Council agreed to grant a conditional use permit for The Woofington and directed Staff to draft an approval resolution. A resolution has been drafted and is before the Council tonight. Walsh recommended the resolution be amended to require a state license from the State Board of Animal Health. Walsh indicated he has forwarded information on that license to Jeremy and that it is a yearly state license. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6561, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-644, Subsection 11 Through 13, with the addition of Item No. 11 requiring the applicants obtain a license from the Minnesota State Board of Animal Health. McMillan stated she still has some concerns with the close proximity of this facility to the neighbors but that she will vote in favor of the resolution because it includes everything that the majority of the Council felt was important to address the concerns raised by the neighbors. Walsh stated he would echo those same comments. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 32 of 41 VOTE: Ayes 5, Nays 0. 10. #15-3789 THE BROADWAY GROUP, LLC, ON BEHALF OF MICHAEL FEGERS, 3590 NORTH SHORE DRIVE – VARIANCES Willie Abbott, the Broadway Group, LLC, was present. Gaffron stated the applicant’s initial request was for variances for front and side yard setbacks in order to reconstruct the home on the same footprint, plus a minor expansion lakeward and addition of a deck. Due to a lack of detail with regard to contour lines and the OHWL with the initially submitted survey, the applicant was directed to submit an updated corrected survey prior to Council review. The new survey shows that a portion of the existing house is located less than 75 feet from the 929.4’ OHWL contour and encroaches past the defined average lakeshore setback line. The result is that the house cannot be moved further west to increase the east side setback without encroaching further past the 75-foot lakeshore setback. The Planning Commission voted 4-0 to recommend approval subject to the applicant providing a new survey meeting City survey requirements before Council review and, two, if the survey indicates any flexibility for increasing east side setback, and if existing foundation is determined to not be reusable, then move the house westerly to reduce or eliminate the east side variance request. Gaffron noted Staff has published for a public hearing today for the December 14 meeting to deal with the average lakeshore and lakeshore setback. Planning Staff recommends approval of side and street setback variances and the Council should provide direction to Staff regarding the newly-identified lakeshore and average lakeshore setback variances. Printup asked what the property is to the west of this lot. Gaffron indicated it is the lake and that this is the last house on the end. Gaffron stated the two lots were combined in the past. Willie Abbott, Applicant, stated they would like to remodel the existing home and bring the home up to existing code. Abbott stated they strive to create lower priced homes with current design features and finishes within the Orono community. The front and side setbacks would be no closer than what they are currently. One of the main code items is that the basement is substandard and that they would like to increase it to eight feet. Abbott stated they would like to reuse any existing concrete that is usable based on an engineering review. The back portion of the foundation cracked and fell down. The house was subsequently jacked up and fixed, but that he would like to dig it out and push the foundation back three feet. Abbott stated the plans show a cantilevered perimeter of the house and not the foundation portion of the house. Abbott stated there is also an existing screened porch with a roof over it. The survey depicts that on there. Abbott stated he would consider that structure of the home. The existing structure currently goes out farther and they would actually be bringing the structure farther away from the lake. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 33 of 41 As it relates to the rear lakeshore setback, the deck is the big issue and the survey was inaccurate that was in the file. Abbott indicated they attempted to shrink the deck down as much as they could and moved it over to the east. Most of the setback encroachments are dictated by the Hennepin County and city-owned lot. Abbott stated because there is not a home on that lot, the impact from the deck should be very minimal. Abbott stated they are not going to be rebuilding the garage and would like to leave that at the 931.3’ elevation. Abbott stated he realizes it is low but that they would be able to offer corrective measures by constructing some type of weir. Abbott noted the 100-year flood mark weir would protect that part of the house. Abbott stated the home would not really alter the existing character of the neighborhood since there are six other ramblers in that neighborhood. Abbott stated he hopes the Council can make a decision based on what is in front of the Council tonight rather than sending it back to the Planning Commission. McMillan asked if the City would have any liability for any flooding that may occur by approving the application. Mattick stated they would not since it is an existing structure. Abbott noted the structure is not attached to the house. Printup stated he does not have a problem with the setbacks given the forfeited land to the west, but that he does have a question about the 0-75-foot zone. Printup stated it appears half the house is in the 0-75 foot zone but that it is next to a tax forfeited parcel. Levang stated she is okay with that but that she is not okay with the deck. As indicated in the Staff report, two-thirds of the deck is in the average lakeshore or the 75-foot setback. Levang stated she would like the deck moved over to the east. McMillan stated there is a practical difficulty given the way the line is located, and that in order to conform, they would have to move the deck to the east, which would actually block off more of the sightline. McMillan stated in this instance the average lakeshore setback line does not make sense and that she would like to move the deck more towards the garage. Abbott stated that was their original intent until they found out where the line was. McMillan stated she likes the first location for the deck since it moves it further from the neighboring house. Walsh stated he would look at it as a practical difficulty due to the slope. Levang stated she would be okay with moving the deck over behind the garage. Printup and Cornick indicated they are also in agreement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 34 of 41 Printup moved, Levang seconded, to direct Staff to draft an approval resolution for Application No. 15-3789, The Broadway Group, LLC, on behalf of Michael Fegers, 3590 North Shore Drive. VOTE: Ayes 5, Nays 0. 11. CONSIDER DISPOSAL OF TAX FORFEITED PROPERTY (PID 05-117-23-24-0117 and 0118 JAKE BARKLEY Barnhart noted the City owns two parcels south of Bayside Road. These two parcels were acquired through the tax forfeiture process in April of 1979. Mr. Barkley, 3640 Bayside Road, has requested the City dispose of these parcels. Barnhart stated should Mr. Barkley be successful in acquiring the property, ownership would be consolidated with his two parcels. Mr. Barkley is also expected to request a vacation of Park Street should the Council agree to dispose of the property. It appears the parcels were acquired in 1979 for park and recreation uses, primarily to maintain public access to the lake. The subject parcel is listed in the Comprehensive Plan as a Lake Minnetonka access point but is not open for public use. Public access in this area is provided through the southern extension of Stubbs Bay Road South, about 115 feet to the east. The Comprehensive Plan does not suggest further use for the parcels. Staff supports the disposal request since access is provided via Stubbs Bay Road and the remaining benefit to the City is negligible. Council should direct Staff to pursue disposal of the property if it finds that the parcels are not, nor anticipated to be needed by the City. Levang asked if the adjoining property owners have been notified. Barnhart indicated Staff has not notified them and that Staff is looking for direction on how to proceed. Levang asked if it would impact the people with dockage on Ilene Street. Barnhart stated the easement is in red and that Staff is talking about disposing the parcels highlighted in yellow. Levang asked if it would impact the people with dockage on Ilene Street. Mattick stated it would depend on what easements exist currently, which is unknown at this point. If the City controls the land highlighted in yellow, the City could grant an easement prior to selling it. Mattick stated it seemed like there is a dock off to the left but that he could be mistaken. McMillan stated she is also confused about the dock issue. McMillan noted the bigger yellow parcel could go with 3640 and the smaller yellow parcel could go with 3625. McMillan asked why the City would give both of those parcels to one person. Levang stated there are actually four people who share that dockage. Barnhart stated his understanding is that all four of them have dockage rights. Barnhart stated Staff brought this before the Council tonight to see if they are interested in pursuing this. Levang stated she has a concern about the Ilene residents. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 35 of 41 Walsh stated it does not make any sense to chop it off. Walsh asked what Mr. Barkley wants the property for. Jacob Barkley, 3640 Bayside Road, stated what was explained by Staff is accurate. Barkley stated he did research documents at Hennepin County which showed that 3640 was the original homestead and then it was subdivided into four lots. Barkley stated what happened with that is that everybody in that development ended up with dockage, which occurred somewhere in the early1970s. In the 1930s, the lake was way down and they tried to sell lots in the lake. As the lake filled back up and it went back to a more normal situation, those people who bought the lots quit paying taxes on them and forfeited them to the City. Barkley stated in the 1970s, the two adjacent lots to his two lots granted scenic easements to the City, which gave permission for dockage for the residents on Ilene Street. Barkley stated the property at 3625 subsequently got redeveloped and there was a lot combination that took place. That dock then got taken out of the picture. Barkley stated it is really about the strip of land that has dockage for the three parcels and that there is an easement over his property to get to the lake. However, there is no easement from the City to get over the city land but there are all kinds of confusing issues about historical usage and maintenance. Barkley stated he knows the former property owner lived there for over 40 years and that he riprapped the whole shoreline. Barkley stated they are of the opinion that the dockage and easements kind of stay as is and that they thought this would clean it up. Barkley stated they would continue to maintain that property and give comfort to the neighbors. Walsh stated that explanation helps to clear it up. McMillan asked how many docks are on that parcel. Barkley stated the documents from the County indicate there are three owners sharing a dock, which runs into a different issue with the LMCD since there is a multiple dock on city land. Barkley stated there are conflicting bylaws where the use was prior to the inception of LMCD. Barkley stated he just wants to clean it up and that he sees this as the easiest path. Walsh asked if he has ever thought of selling his pieces to the City and then the City granting him an easement. Barkley stated that is a possibility and that he is attempting to protect the neighbors so they can put a dock out and he can go fishing. Levang asked if he spoken to the LMCD and they have indicated they would not give a multiple dock use there. Barkley stated technically the City would need to apply for that and that he is not sure why the City would do that. McMillan stated she is not sure how many docks they would be allowed to have if the City were to sell the 615 feet to Mr. Barkley. McMillan stated she looks at that as a possible option, which would allow the City to keep the easement portion. McMillan stated it probably would have to go before the LMCD but that she is not sure of the legal process that would need to occur. Printup stated it sounds reasonable but that he is not prepared to make a decision tonight. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 36 of 41 Levang stated she wants to hear more and also make sure all the easements are in place for the Ilene Street residents. Levang stated she would like the City to hang onto the one lot. Walsh stated he would like to clean this up. Barkley stated they are trying to make it easy for the neighbors so they can continue doing what they have historically done. Mattick asked if any title work has been done on this. Barkley stated the deeds are past the 30-year time limit, and that what he has been told is that after the 30 years are up, the City gets to do what they want to do with it. Mattick stated in terms of selling the land that would be true. Mattick stated if it was not used for a public purpose, it reverted back to the state, but since then a statute was passed that says the City is eligible to sell those parcels. Mattick stated if it is cleaned up, he would also recommend cleaning up the parcel represented by the red dot. Walsh asked if that is Torrens property. Barkley stated to his knowledge it is. McMillan stated the parcel to the far left is what the City is interested in cleaning up along with the parcel represented by the red dot. Mattick stated the City could pursue a purchase agreement and then someone could draft documents that would grant access to the other homes. Barkley indicated he can do that McMillan stated she would suggest talking to the LMCD as well to see what he would be allowed with the additional 615 feet. Levang asked if they would need to apply for an annual dock permit. Gaffron stated if it is three docks, they would need to apply for a dock permit with the City. The City Council took no formal action on this item. 12. #15-3752 ESTATE DEVELOPMENT CORPORATION – TOM GONYEA, 475 OLD CRYSTAL BAY ROAD NORTH, SKETCH PLAN Tom Gonyea, Estate Development Corporation, was present. Barnhart stated the applicant is seeking Council input on a proposed 39 unit, single-family neighborhood on 17.26 acres located at the southwest quadrant of Wayzata Boulevard and Old Crystal Bay Road. The MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 37 of 41 property is guided for 7-10 units per acre. The proposed development would require a rezoning and a Comprehensive Plan amendment in addition to the subdivision process. The Council saw a project in this area in August. At that time there was some discussion about townhome buildings in the southeast corner of the property. The Council was uncomfortable with that proposal and Mr. Gonyea is now proposing all single-family homes. There will be two different styles of homes consisting of a single-level or two-level. From a planning perspective, Staff looks at the density that is being proposed. There is some discrepancy from previous Council direction and the Comprehensive Plan. The City Council had a workshop in August where they talked about density in general and where to locate growth to meet Metropolitan Council’s requirements. The Council further discussed the affordable housing goals contained in the Comprehensive Plan. From an access standpoint, there will be two driveways off of Old Crystal Bay Road and two future connections to the Dumas property. The Dumas’s do not have any plans to develop their property at this point but do appreciate the connections for the future. The streets are proposed to be public as they provide access through to the Dumas property to the west. The cul-de-sacs at the west property line are temporary and would be removed when the Dumas property develops. A trail is shown providing access to the crosswalks at Old Crystal Bay Road and Wayzata Boulevard West at the northeast corner of the site. It is suggested that sidewalks be provided on both sides of the streets within the development. The Comprehensive Plan does not suggest any land to be dedicated from a park standpoint and Staff would suggest a park dedication fee be paid. The applicant and Staff have reviewed the plans. If the Council is fine with the density, the plan does provide a service that the City does not necessarily provide in some of its other neighborhoods. Tom Gonyea, Estate Development Corporation, stated they have gone through a number of different iterations for this site and that the Council provided some good feedback at the meeting in August. One of the things that was discussed was the possibility of incorporating some other price points and other options. Gonyea stated that corner seemed to lend itself to smaller products and 35-foot wide lots with 5- foot setbacks. Other lots in the development would be 65-foot wide. Gonyea stated in the Council’s packet they will see some potential elevations with the 35- and the 55-foot project. Gonyea stated in their view it is a great plan and would be well received by the community. Ian Peterson, David Weekly Homes, stated the homes would likely be in the $400,000 to $500,000 range but that they are still developing the product lineup. McMillan asked what type of floor plans they are considering. Peterson stated on the 35-foot wide lots, it would be all main level living with some basement underneath. It would be set up for a two-car front loading garage, with some of the lots having a three-car garage. Peterson stated once you go to a tandem deep, you eliminate some of the rooms on the main level. There will be a mix of some traditional 3-car garages, some 2-front loading garages, and the homes would MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 38 of 41 consist of a mix of Tudor style, northern craftsman, and then a more contemporary look. The homes will be traditional two-story homes on the 55-foot lots, with a master on the main level for the traditional two-story. Levang asked how many different variations of homes there will be. Peterson stated there are seven different floor plans and each of those floor plans will have three to four variations. Levang asked if they have any idea how many people will want the smaller homes, the mid-range and then the higher end. Peterson stated typically a lot of people are interested in a rambler plan or one-level living, which is more expensive to build than a two-story home since the builder has to put most of the money into the foundation. Peterson stated typically10 to 15 percent of the buyers will buy a main level living plan and the interest range for a rambler or one-level living is around 30 percent. Levang stated she likes the Tudor style and the one-level living plans. Walsh stated he is a believer in a minimum of 10-foot setbacks. McMillan noted one side will be 10 and the other side will be 5. Walsh stated he is not in favor of any 5-foot setbacks. Printup stated he would like to see the 10-foot setbacks as well and that the 5-foot setbacks are too close. McMillan noted the City has a fair amount of lakeshore homes that have 5-foot setbacks. McMillan stated she would really like to see single-family homes in this area but that it may be necessary to have some higher density. McMillan stated in her view what is being presented here looks like it would be a good product and that in her view the issues can be worked out. Printup stated another thing that comes to mind when they talk about density is the impact it will have on the school if this development brings in a lot more starter families. McMillan noted Orono has 25 percent open enrollment right now and that they adjust it every year. Printup stated the City is only going to be growing in that area and he is not sure if the other governmental entities need to talk about this. McMillan stated there are a number of developers who really want to develop homes in the Orono School District and that there is a very strong demand. McMillan noted there is not that much land left in the Orono School District to develop. Levang stated the Orono School District has been aware that those properties would someday be developed and that in her view the City is not operating in a vacuum. Levang stated what she likes about the plan is the fact that there is privacy in the back yard. Levang stated with this plan they have been very careful about protecting that privacy and have done a very good job with that. Levang stated the City MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 39 of 41 does need to make some concessions in regards to density, and if they were to say that there has to be 10-foot side setbacks, it would be less feasible to do. Levang stated he developer has done a very good job at listening to the Council and that she likes the road layout. Printup stated he would like to see a trail of some sort along Old Highway 12. McMillan noted there is a trail on the other side of the road. Printup stated he would like to see it extend further westward and not necessarily on this property. Loftus noted the turnback committee decided not to have a trail on that side of the road. Gonyea stated the thought was that these would be quieter streets and that they would lose the capacity to do some berming and screening if there is a trail. Gonyea stated there was also talk about adding sidewalks. Printup stated he is not in favor of sidewalks. Levang stated someone would be losing some of their front yard because of the sidewalk. Barnhart stated sidewalks were suggested for pedestrian access in lieu of a trail. Barnhart stated berming to protect the privacy is more important than a trail. Printup stated he would be in favor of having a trail easement, with the trail not being constructed as part of this project. Walsh stated he is not happy with the setbacks. Gonyea stated they will take a look at it and see if it can be increased. Walsh stated he is concerned about the visibility and safety with the homes that close to the road. McMillan stated on some of the lots with the smaller setbacks, the house could perhaps be reduced. The City Council took no formal action on this item. *13. #15-3790 CITY OF ORONO AND CLIFFORD OTTEN, OUTLOT C, EAST WILLOW WOODS (2350 WAYZATA BOULEVARD), EASEMENT VACATION – RESOLUTION NO. 6562 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6562, a Resolution Vacating the Road and Utility Easement Over Outlot C, East Willow Woods, Hennepin County, Minnesota. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh stated he had nothing to report but that he would like to wish everyone a happy Thanksgiving. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 40 of 41 Levang stated she would like to remind everyone that the Orono Police Department is accepting donations of hats, mittens, and other winter apparel that will be given to WeCan. Printup reported the Highway 12 Safety Coalition has been working with representatives from other communities and that they will be kicking off what is called the 12 For 12 campaign, which is no fatalities for 12 months, on Monday, November 30. McMillan stated she attended the Planning Commission meeting on November 16 and that they ended up tabling the lighting and the rental home text amendments to January. The Planning Commission wanted to look at it more in depth and possibly hold a work session on one or both of them. McMillan noted the City is not going to mark the four corners of every fire lane, but that perhaps Staff should photo document them in case there is tree loss or something else occurs. McMillan stated that way the City will have a photo record of them. CITY ADMINISTRATOR’S REPORT 14. PERMITS/LICENSES 2016 ANNUAL LIUOR LICENSE RENEWALS 1. Orono Liquors DBA the Narrows Saloon Navarre, MN 55392 2. Orono Public Golf Course 265 Orono Orchard Road South Orono, MN 55391 3. O’Sullivans Holiday/Voyageur Service Centers 2420 Shadywood Road 4. Spring Hill Golf Club 725 County Road 6 Wayzata, MN 55391 5. Wayzata Country Club 200 Wayzata Boulevard Wayzata, MN 55391 6. Wood Enterprises, Inc., DBA Navarre Liquors 3421 Shoreline Drive Navarre, MN 55392 7. Woodhill Country Club, Inc. 200 Woodhill Road Orono, MN 55391 Levang moved, Printup seconded, to approve the above-listed licenses. VOTE: Ayes 4, Nays 0, McMillan Abstained. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 41 of 41 *15. CLAIMS/BILLS Levang moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Mattick stated he had nothing to report. ADJOURNMENT Walsh oved, Cornick seconded, to adjourn the Orono City Council meeting at 12:23 p.m. VOTE: Ayes 5, Nays 0. ATTEST ______________________________________ ______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor November 23, 2015, Council Work Session Meeting Minutes 1 MINUTES OF THE ORONO CITY COUNCIL WORK SESSION November 23, 2015 5:00 o’clock p.m. _______________________________________________________________ PRESENT: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr, Lizz Levang, Aaron Printup, and Denny Walsh. Representing Staff City Administrator Jessica Loftus, Finance Director Ron Olson, Police Chief Correy Farniok, Public Works Director/Engineer Adam Edwards, Community Development Director Jeremy Barnhart and City Clerk Diane Tiegs 1. 2016 Budget A. Non-Union Compensation Finance Director Olson reviewed the previous Council Work Session discussion during which Council agreed to implement Option 1 of the Compensation Study. Council now has the task to determine if there will be a Cost of Living Adjustment (COLA). The general consensus of the Council was a 2.75% traditional COLA should be presented at the December meeting. B. Capital Improvement Program (CIP) Olson stated that Public Works Department affects 75% of the Capital Improvement Program (CIP). Edwards provided information for future park expansion and improvements. Capital Improvement Program (CIP) (continued) Walsh wants assurance the CIP is a planning document only, nothing is approved until there is formal Council action. Olson reported for the next 15 years the Park Fund is in good shape. Edwards stated the purchase amount of a wing mount plow and new truck replacement for 2018 has increased from $175,000 to $192,000. Replacement is based on the age and mileage as well as maintenance records for a piece of equipment. Life of equipment is extended out as far as safely possible. The new truck replacement has distribution systems that are modernized with salt automation of the roads; which is much more efficient than manual and decreases wasted chemicals. Council Member Levang inquired about the value of brining versus salting. Edwards responded that brining works if the forecast is accurate and the brine is laid at the proper time before a storm. The goal is to have a number of different tools to use for the right situation. November 23, 2015, Council Work Session Meeting Minutes 2 The $25,000 fire system upgrade for 2016 will be moved to 2018. Bad pipes indicate the air compressor is not functioning efficiently. Edwards noted that next year the salt shed roof needs replacement. He will bring an inspector in to inspect the roofs before investing money into the building. Walsh stated the roof inspection should be done annually as preventative action. Walsh inquired about the City Hall roof. Edwards said when the City Hall roof was originally done the metal joints were not good. The repair needs to happen because the soffits are rotting due to water damage. Edwards said in 2016 $7,800 has been budgeted for the Orono Golf Course kitchen rehabilitation. The plan is to install a stainless steel counter top and sink along with shelves. In house labor, with the exception of the floor, will keep costs in budget. It was noted that in 2016 $15,000 should be added for irrigation. Olson said the Fire Long Lake CIP fund has $440,000 to consider replacement of a rescue pump truck and $50,000 for carpet replacement at Station 1. Council Member Cornick thought $50,000 for carpet and paint was high for one building and then there is another request for $30,000 in 2017 for carpet and paint for Station 2. Did Fire Chief Eyll go out for bids on the project? Loftus relayed that Fire Station II is fully owned by the City of Orono and that Station I is only 50% Orono owned. Perhaps that is how the carpet/paint maintenance could be addressed. Loftus said that the Fire Department has formed a committee to research the purchase of the new truck. Walsh wants detail on purchasing equipment rather than have a committee do the research since it is City funds. Olson relayed that the Community Investment Fund would be in the red once the Navarre Park and Ride, County Road 112 Turn Back Project, and the Navarre Trail improvements are completed. McMillan would like a placeholder for funds to address the intersection improvements of CSAH 15/19 for year 2020. This can be moved to the year when it realistically happens. Hennepin County and Three Rivers Park District (TRPD) will address Council in January regarding the grant funding. The funding would assist with stormwater improvements if we agree to TRPD involvement Edwards reviewed the 10 year CIP wish list for road repair and reconstruction. Unfortunately there are no funds available for this Public Works plan. McMillan, Printup and Walsh would like a plan that names the ten worst roads and when it is eminent to repair. The plan should go out 10 years but realistically we do not have the funding to provide that repair work. Printup would like to see a 5 year plan with discussion at a work session in February. November 23, 2015, Council Work Session Meeting Minutes 3 Edwards stated a pavement condition index score is how the ten year plan was crafted. Edwards stated that work has already been done and the list in the CIP for street repair has a solid basis. Walsh would like the top ten roads identified and then a realistic number that can be dedicated to the repair. Cornick asked if residents have input regarding road maintenance. Edwards responded that phone calls are documented and residents respond via petition. Edwards has a map and tracks the locations of resident complaints. Levang stated road maintenance decisions need to be based on engineering not resident complaints. Edwards said proposed improvements of the water main extension could be done to the edge of Dumas property and if the decision was made to develop the property Eisinger or Dumas would pay for the rest. Walsh asked why between the years 2016 and 2020 there are 18 squads are being replaced. How many patrols are out at any given time and do we need 18 squads? He would like to know the work schedules. Walsh would like more detail to determine if 18 squads actually need replacement. Cornick responded that 2 officers are assigned to a car. Assignment helps with the accountability of the squad. Typically 5-6 squads are out per shift and three shifts are run. Each shift is 12 hours. C. 2016 Public Works Plan Edwards would like to change how we go through the projects each year and the key is to have the Council review the Public Works project calendar and have Council recommendations. He would like pre-approval and the 2017 road projects would be good discussion in perhaps in April or May of 2016. D. Fee Schedule Council reviewed the Staff recommended changes to the fee schedule for 2016 and made suggestions for golf fees. GOLF COURSE FEES - Effective Date: 2016 Season MONDAY THRU SUNDAY RATES Individual (Regular) $ 16.00 increased from $15.00 Seniors (60 years or older) $ 13.00 increased from $12.00 SEASON PASS RATES (Unlimited Play) Senior Season Pass (60 years or older) $325.00 increased from $300.00 GOLF CART RENTAL RATES Motorized Cart Rental/Per Round $ 20.00 increased from $14.00 November 23, 2015, Council Work Session Meeting Minutes 4 2. City Administrator Verbal Update Loftus reported to Council the need for an active participant on the Orono Ice Arena Board. The Orono Ice Arena Board would like an appointment made in December. If someone is interested they should contact Dick Lewis. If no one is interested there will need to be a change made to their by- laws. Loftus is meeting with Spring Park and Minnetonka Beach to discuss the Orono Police Contract Services. They would like to look at options regarding the formula used to determine the fees. The Hackaberry park property purchase is in discussion with the owner. Council should note that the increase in Data Requests has put pressure on the clerk’s workload. 3. Future Work Session Topics Loftus would like Council to consider what they would like for future work session discussions. Printup and Cornick would like the January discussion to address the Council Packet usefulness regarding information provided to Council and electronic packets. In March, Community Race Relations training for Council will be on the work session agenda and then possibly a roll-out to all staff. ADJOURNMENT: 6:40 p.m. ATTEST ___________________________________ ____________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 4 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson JML City Administrator’s Title Finance Director Report ______________________________________________________________________________ 2016 Budget Hearing ______________________________________________________________________________ Attachments: 1) Resolution Adopting the Final 2015 Tax levy collectible in 2016 2) Resolution Adopting the Final 2016 General Fund Budget 3) Resolution Adopting the 2016 Special Revenue Fund Budgets 4) Resolution Adopting the 2016 Enterprise Fund Budgets 5) General Budget and Tax Information 6) Updated CIP ______________________________________________________________________________ Prior to the adoption of the 2016 budget and tax levy, the City is required to hold a public hearing to allow public input on the budget and tax levy. By law, this hearing must occur between November 29th and December 20th. When the preliminary tax levy and budget was approved in September, the public hearing was set for December 14, 2015 at 6:30. This public hearing is the final step prior to adoption of the budget and tax levy. The budget process was begun by staff at the beginning of June. At a work session held on June 22nd the Council was provided background information on the budget and an overview of the budget challenges for 2016. Based on the Council’s input and goals, a draft budget was prepared and provided to the Council for their review at the July 20 work session. The draft budget was refined further and the updated draft was presented to the Council at the August 24 work session. Continuing the practice started with the 2015 budget, a public presentation of the preliminary budget was given at the first meeting of September. The purpose of this early presentation is to allow the public to see the preliminary budget prior to the meeting in which it is adopted. The preliminary budget and tax levy was adopted at the September 21 council meeting. In addition to the work on the actual budget, staff has been working on updating the Capital Improvement Plan (CIP). The CIP identifies the long-term infrastructure needs and is a valuable tool in the budgeting process. In conjunction with the budget process, staff has also reviewed the City’s fee schedule. Formal action on the tax levy, budget, fee schedule, and CIP will be taken this evening. Tax Levy The total tax levy required to fund the 2015 budget is $4,954,480. This is an increase of $182,480 or 3.8% over the 2015 levy. The entire increase to the levy is designated for funding the City’s Pavement Management Plan and will help to address the City’s aging road infrastructure. Even with the increase Orono’s tax rate will decrease slightly in 2016. Orono continues to have one of the lowest tax rates in both Hennepin County and the State of Minnesota. The tax levy is used to fund the general operations of the City (General Fund), pay the debt service on the City’s outstanding bonds, and to fund the Pavement Management Fund. The breakdown of the 2016 levy is $754,980 for debt service, $183,000 for roads, and the remaining $4,016,500 is used in the General Fund. The General Fund levy did not increase. Tax Capacity Rate and the Impact of the Tax Levy on Property Owners The County Assessor provides an annual calculation of the City’s tax capacity based on the annual property revaluation. As of 11/6/2015, the City’s taxable market value is $2,531,406,258 with a tax capacity of $28,350,885. When compared to last year, taxable market value has increased by 4.1% and the tax capacity by 4.2%. As a result of the City’s increased tax capacity, the tax capacity rate will decrease from 17.39% in 2015 to 17.33% in 2016. Using this tax rate and assuming no change in a property’s value, the City’s share of the property tax bill would be: a decrease of $1.44 (-0.35% on a home previously valued at $250,000; a decrease in tax of $3.05 (-0.35%) on a $500,000 home; a $1,000,000 home will see a decrease of $6.86 (- 0.35%); and a $2,000,000 home has a decrease of $14.49 (0.35%). The actual tax impact on any particular property will depend on how the property’s taxable value changed in relation to the rest of the City. Tables illustrating a 3% increase in value and a 3% decrease in value are included in attachment 5. General Fund Budget General Fund Expenditures The 2016 expenditure budget is $7,708,570 which is an increase of $128,700 (1.70%) over the 2015 budget. The increase of $105,175 (2.65%) in the Police Department is primarily the result of a 2.75% wage that was negotiated with the police unions. Other notable increases are $15,730 (655.42%) due to the 2016 election, a $20,000 (12.5%) increase in Assessing charges to Hennepin County, and $25,820 (36.92%) in Special Services. The expenditures in Special Services are charged back the party that requests the service. The increase in this department is offset by an increase in revenues. During 2015 the City completed a compensation study. The 2016 budgeted non-union wages are based on the results of that study and include a 2.75% COLA. A number of departmental budgets are decreasing. The budget for Mayor and Council is being reduced by $8,460 (-9.23%) as a result of a reduction in the Lake Minnetonka Conservation District levy. Engineering is being reduced $5,000 (-20.0%) to bring in in line with historical costs. Street maintenance is being reduced by $60,610 (-10.93%) with these expenditures moved to the Pavement Management Fund. General Fund Revenues The primary revenue source for the General Fund, accounting for 52.1% of the revenue budget, is the property tax levy. The 2016 General Fund tax levy is $4,016,500 which is the same amount as the 2015 General Fund levy. Total General Fund revenues are budgeted to increase by $128,700 (1.7%) in 2016. Increases are: Permit revenues increase $55,250 (13.9%); Plan Check/Site Exam Fees are increasing $25,000 (16.7%), and Police Service Contract revenue is increasing $72,650 (3.4%). There are two revenues that are decreasing significantly. The first is Court Fines, which are decreasing $28,000 (-24.3%). The other significant decrease in the Drug Task Force Distribution ($30,000), which will not be received in 2016, has been removed from the budget. Special Revenue Funds The special revenue funds that budgets are adopted for are the Park Fund, The Drug Forfeiture Fund, and the TIF Fund. Special revenue funds by definition have a primary source of revenue that is dedicated for a specific purpose. In the Park Fund the primary revenue source is park dedication fees collected from developers. By state law, these funds must be used for parkland acquisition and development. The Drug Forfeiture Fund receives its primary funding from the Police Department’s drug and alcohol enforcement activities. The funds must be used for drug and alcohol related activities. The TIF Fund is used to account for revenues related to the Orono Woods Senior Housing Development. Debt Service Levies The 2015 levy for debt service is $754,980 which is slightly lower than the 2014 amount of $755,500. This levy is used to pay the debt service on the City’s outstanding bonds. Enterprise Funds The Water, Sewer, Stormwater, and Recycling Funds are designed to account for the business type activities of the City. These funds do not receive any property tax revenue. As part of the 2016 fee schedule, the following rate increases were proposed: Water 11%; Sewer 4%, Stormwater 5%, and Recycling by 10%. These rates will be effective upon approval of the 2016 Fee Schedule. Water The water fund has historically been operating at a loss. Because depreciation is a non-cash expenditure, the fund has had a positive operating cash flow since 2009. In most years, the operating loss has been covered by the revenue received from antenna leases on the water towers. Due to consolidations in the cellular industry and changing technologies, the lease revenue is not guaranteed to continue indefinitely. As presented, the operating budget for 2016 will have an operating loss. The revenue amount is calculated using the four year average for consumption and an 11% rate increase. The operating expenditure budget is decreasing by $1,337 (-0.23%). The operating transfers include $55,000 to the debt fund supporting the Casco Point Bonds and $103,000 for debt service on the 2014 Water Bonds. 2016 capital expenditures as identified in the CIP include a monitoring software upgrade, drilling well #4, expansion of the northern distribution system, inspection and maintenance of well #1, and replacement of the West Lafeyette main. The 2016 capital expenditures total $1,080,000. The funds current cash balance including the bond proceeds is $1,445,562. The costs associated with the northern system expansion will eventually be recovered from developers. Sewer In recent years the sewer fund has mostly operated at a loss. Non-operating revenues however, have consistently offset the operating losses. This has resulted in a positive operating cash flow for the fund. In 2016, the fund is projected to cover operating expenses, including depreciation. The 2016 budget includes depreciation of $275,000 which is a non-cash expenditure. The fund is budgeted to show a positive operating cash flow for the year. In 2015 the budget had a $90,000 increase in charges to the MCES. For 2016, the line item is decreasing by $92,780. Overall, operating expenditures for the sewer fund are decreasing $66,855 (-5.01%). The revenues are calculated with a 4% increase in the sewer rates as called for in the 2013 rate study. The operating transfer is to cover the sewer improvement that were part of the Casco Point project and will continue for another six years. Upcoming capital expenditures can be covered by the fund’s current cash balances. Projects identified in the CIP for 2016 include: sewer line rehabilitation; sewer televising; lift station updates for GS #6; a generator for lift station #5; the expansion of the northern collection system; lift station monitoring; and a new roof for the Navarre Garage. Total anticipated capital expenditures are $1,217,608. The current cash balance for the fund is $2,728,820. The costs associated with the northern system expansion will eventually be recovered from developers. Stormwater The Stormwater Fund is for the most part project based. Operating expenditures are mainly limited to engineering associated with NPDES, SWPPP and other state and federal requirements. Public Works time and materials spent on culvert cleaning/replacement are also charged to this fund. The purpose of this fund is to collect money for the larger Stormwater projects that will be required in the future. The revenue in the attached budget is calculated with a 5% increase in the rates. Potential CIP projects in 2016 include: Watershed Delineation; Watertown Road phase II, replacement of the street sweeper, replacement of the tractor mount broom, Long Lake Wetland Restoration, Replacing the Truck Mounted Sweeper, and Kelley Avenue drainage improvements. The capital expenditures total $368,700. The funds current cash balance is $1,466,706. Recycling The recycling fund was newly created in 2013. Its major expenditure line is for contracted recycling charges. The current contract with Waste Management is capped at a 2.8% increase. However, as the result of low prices for recycling materials, the Recycled Material Offset (RMO) credit that we receive has been reduced to $0. The lack of the RMO has required larger rate increases than originally anticipated. The full time wages that are charged to the fund represent 10% of the City Clerks wages. The overtime covers Public Works wages for the annual spring clean up. The funds current cash balance is $0. Cable The Cable fund was new for the 2014 budget. The 2016 projected revenues are based on current subscriber information and rates. The line item for Internet/Other communications covers the costs associated with streaming and online access of council meetings. It has also been increased to pay for a share of the new fiber internet costs. Revenue for the fund is in the form franchise fees that are set by the City’s franchise agreement with Mediacom. The funds current cash balance is $70,000. Construction Funds The City does not adopt formal budgets for construction funds. Possible projects for these funds can be found in the CIP. The CIP is a planning tool only; the projects identified in it will require individual approval from the Council before they can be started. Capital Improvement Plan In 2012 the City formally adopted a Capital Improvement Plan (CIP). In order to keep the CIP useful, it is updated on a yearly basis. It outlines anticipated large budget expenses and provides long term planning for future expenses. The CIP is useful for elected officials in the budget review process and shows how today’s decisions impacts future fund balances. Approving the CIP does not authorize any expenditure. Staff is still required to bring any expenditure to Council for approval. Council has discussed the Draft CIP at prior work sessions, and many of the comments and concerns raised have been addressed in the current document. Long term road funding has been discussed at length over a number of work sessions in the past year. Another work session is scheduled in April to discuss the timing and order of road projects. It is possible that the street section will be amended during 2016. COUNCIL ACTION REQUESTED Motion to adopt the attached resolutions approving the final tax levy to fund the 2016 budget; approving the final General Fund 2016 budget; approving the 2016 Special Revenue Fund Budgets; and approving the 2016 Enterprise Budgets including approval of the 2016 CIP. Page 1 A RESOLUTION ADOPTING THE FINAL 2015 TAX LEVY COLLECTIBLE IN 2016 BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the following sums be levied for the current year, collectible in 2016 upon the taxable property in the City of Orono, for the following purposes: General Fund - Operating $4,016,500 Pavement Management Levy 183,000 G.O Improvement Bond 2008 192,150 G.O. Improvement Bond 2010 131,050 G.O. Improvement Bond 2014 431,780 TOTAL ALL LEVIES $4,954,480 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 14, 2015. ATTEST: ______________________________ ______________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor P A RESOLUTION TO ADOPT THE FINAL 2016 GENERAL FUND BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the preliminary 2016 General Fund budget is determined to be as follows: ESTIMATED REVENUES Taxes - General $4,016,500 Licenses and Permits 469,650 Intergovernmental 227,220 Charges for Services 2,692,300 Fines and Forfeits 95,500 Interest Income 35,500 Recreation Fees 138,000 Miscellaneous 33,900 TOTAL $7,708,570 APPROPRIATED EXPENDITURES General Government $1,253,830 Public Safety 4,977,400 Street Maintenance 493,830 Parks and Recreation 260,760 Engineering - Unallocated 20,000 Reimbursable Expenditures 95,750 Special Projects and Contingency 40,000 Capital Outlay 202,000 Transfers to Other Funds 365,000 TOTAL $7,708,570 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 14, 2015. ATTEST: ____________________________________ ____________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor A RESOLUTION TO ADOPT THE 2016 SPECIAL REVENUE FUND BUDGETS BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2016 Special Revenue Fund budgets are determined to be as follows: Drug/Felony Estimated Revenues Park Forfeiture TIF Taxes – General $ - - $ - - 53,000 Interest Income 5,000 1,000 - - User Fees / Loan Payment - - 25,000 - - Park Dedication Fees 5,500 - - - - Intergovernmental - - - - - - Transfers from other Funds - - - - - - Use of Fund Balance - - - - - - Total Revenues $ 10,000 $ 26,000 $ 52,000 Appropriated Expenditures General Government $ - - $ - - $ 53,000 Public Safety - - 20,000 - - Streets - - - - - - Parks & Recreation 386,090 - - - - Transfers to Other Funds - - - - - - Increase to Fund Balance - - 6,000 - - Total Expenditures $ 386,090 $ 26,000 $ 53,000 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 14, 2015. ATTEST: ____________________________________ ____________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor A RESOLUTION TO ADOPT THE 2016 ENTERPRISE FUND BUDGETS BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 2016 Enterprise Fund budgets are determined to be as follows: Estimated Revenues Water Sewer Recycling Stormwater Cable Charges for Service $ 550,000 $1,258,500 $ 104,500 $ 249,500 $ 75,500 Interest Income 10,000 35,000 -- 10,000 -- Non-Operating 106,000 20,000 29,000 -- 1,000 Total Revenues $ 666,000 $1,313,500 $ 133,500 259,500 $ 76,500 Appropriated Expenditures Operating Expenses $ 588,500 $1,268,230 $127,990 $ 147,290 $40,810 Non-Operating Expenses Transfer to Other Funds 158,000 110,000 -- -- -- Total Expenditures $ 746,500 $1,378,230 $127,990 $ 147,290 $40,810 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 14, 2015. ATTEST: ____________________________________ ____________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor 1 CIP OVERVIEW The overall goal of a Capital Improvement Plan (CIP) is to maintain facilities and schedule upgrades and replacements to avoid system failures and/or extraordinary short-term expenses. Once established, the plan should be updated annually to reflect changing maintenance needs and capital resources. The typical planning period for a CIP is five years; however, the City of Orono has chosen to evaluate its needs for planning purposes for a period of 15-years. The Capital Improvement Plan is included in Appendix A of this report. The first five years of the plan are intended to provide short term needs that can be used as the basis for the City’s annual budgeting process. The remaining 10 years are intended to provide the City with general planning level estimates so that the expenditures can be spread out over time and the costs can be anticipated and planned for. Using the City’s 2016 budget and current fund levels as a baseline, projected fund balances have been included in Appendix B of this report. In general, the following funding sources are available to fund the Capital Improvement Plan: • General Fund – Funding improvements out of the general fund will require the City to account for the improvements when the City’s tax levy is established. Funding for the Police CIP is mainly from the general fund. The general fund is typically not considered a good funding source to cover the cost of larger infrastructure improvements such as street and utility reconstruction. • Park Fund – This fund is used for the acquisition, development, and improvement of City parks. Funding comes from Park dedication fees and interest earned on the fund balance. • Improvement / Equipment Overlay Fund – This fund is used to buy non-police general fund department assets such as equipment, and IT purchases. Some park and golf course expenditures are also funded by this fund. The source of funding for this fund is an annual transfer from the general fund. • Community Investment Fund – This fund has been established to fund projects that benefit the entire community and have no other funding source. The original amount in the fund is from the remaining balance of the Building Fund, which was created to construct City Hall. 2 • Municipal State Aid Fund – This fund is used for funding improvements to the City’s Municipal State Aid road system. Debt service associated with this fund is paid through the City’s annual allotment from the State. • Pavement Management Fund – This fund is used for the maintenance of Non Municipal State Aid roads. The funding source is through the sale of bonds. Debt service associated with this fund is paid through taxes. • Enterprise Funds – As part of owning and operating the water, sewer, and storm sewer utilities, the City charges fees for providing service to the end users. The City also pursues grant money for improvements when applicable. The City evaluates the rate structure for each of these utilities to ensure that the income generated is sufficient to pay both operating costs and needed improvements. • 429 Improvement Bonds – The improvements identified in this report such as street reconstruction, watermain replacement, and sanitary sewer replacement may be funded by issuing bonds. State law allows the City to issue bonds for improvements and assess the properties that benefit from the project for a portion of the costs. The pay back period for the bonds varies but is typically 10 to 20 years. The revenue for debt payment of the bonds would be from special assessments and/or City taxes. • Special Assessments – Special assessments are an indirect form of taxation. They are a way for cities to charge certain properties for the cost of making a local improvement, or to collect certain charges that will benefit those properties. Special assessments represent the increase in a properties value as a result of the project. • Permanent Improvement Revolving (PIR) Fund – This fund is for temporary funding of projects prior to the sale of bonds or the levy of Special Assessments. The source of funding for this fund is through Special Assessments, Interest, and the repayment of expenditures from permanent funding sources. 3 A summary of each Fund along with the improvements proposed within the first five years is included on the following pages. Each summary includes a description of the improvements, and potential funding sources. PARKS CIP The Parks CIP includes playground equipment purchases and replacement, land purchases, and replacement of dock top sections (5% per year) and dock replacements. It is the City’s philosophy to schedule park equipment replacement on a regular basis. The expected life of playground equipment is 15 to 20 years. Playground equipment is currently located in Antoine Park, Hackberry Park, Bederwood Park, Crystal Bay Park, and Navarre Park. The City has 10 to 12 docks that should be replaced every 10 to 15 years. Park Benches and tables should be replaced every 10 years. Proposed Improvements 2016 • Park Land Acquisition - $285,000 • Brown Road Trail Rehab – $61,100 • Dog Park Construction 2017 • Dock Replacement - $4,000 • Ferndale Road Trail Repair and Seal - $21,925 2018 • Willow Drive Trail Rehab $68,901 2019 • Dock Replacement - $4,250 2020 • Future Park Expansion - $250,000 • Dog Park Construction - $50,000 • Trail Construction – $100,000 Potential Funding Sources • Park Fund • Grants • Lurton Park Fund 4 EQUIPMENT CIP The Equipment CIP is based on the City’s standard practice for equipment replacement. All equipment replacement is based on age, mileage / hours, and maintenance records. Each piece of equipment is evaluated annually and the life is extended when possible. Proposed Improvements 2016 • Replace Ford Dump Truck w/ Plow and Sander #426 - $175,000 2017 • Replace Ford Dump Truck w/ Plow and Sander #427 - $175,000 2018 • Sterling Dump Truck w/ Plow and Sander #425 - $192,000 2019 • Sterling Hot Patch Truck - $188,000 • Ingersoll/Rand Asphalt Roller - $40,000 2020 • JD Grader w/Plow Wing #423 - $350,000 Potential Funding Sources • Improvement / Equipment Overlay Fund – Annual Transfer from General Fund 5 BUILDING CIP The Building CIP consists of projects at City facilities including the Administration Complex, Public Works, and the Navarre Fire Station. Proposed Improvements 2016 • Salt Shed Re-roof $10,000 2017 • City Hall Roof Replacement - $160,000 • Carpet for City Hall - $20,000 2018 • City Hall Parking Lot Seal Coat - $35,000 2019 • Public Works Parking - $196,000 2020 • No Projects Scheduled Potential Funding Sources • Improvement/Equipment Outlay Fund – Annual Transfer from General Fund 6 IT CIP The IT CIP includes PC replacement, servers, wireless access points, and printers. It is the City’s standard practice to replace hardware and computer-related items on an established rotating schedule to maintain up-to- date office technology. Proposed Improvements 2016 • PC Replacement - $4,500 • SQL Server - $10,000 2017 • PC Replacement - $4,500 • File Server - $11,00 • Printer Replacement - $3,300 • Switch - $8,000 2018 • PC Replacement - $4,635 2019 • PC Replacement - $4,774 • Data Switch - $8,500 2020 • PC Replacement - $4,917 • Printer Replacement - $3,600 • SQL Server - $10,000 Potential Funding Sources • Improvement/Equipment Outlay Fund – Annual Transfer from General Fund 7 PUBLIC WORKS – GOLF COURSE CIP The Golf Course CIP is for land purchases/easements, equipment, and club house improvements. Proposed Improvements 2016 • Kitchen Rehabilitation - $7,800 • Irrigation Pond Dredging - $15,000 2017 • Replace Greens Mower 1000 - $8,000 • Clubhouse/Greens Improvements - $7,800 2018 • Chevy Pickup #610 - $25,000 • Clubhouse/Greens Improvements - $7,800 2019 • Replace Greensaire (aerator) - $15,000 • Clubhouse/Greens Improvements - $7,800 2020 • Clubhouse/Greens Improvements - $7,800 Potential Funding Sources • Improvement/Equipment Outlay Fund – Annual Transfer from General Fund 8 LONG LAKE FIRE CIP The Long Lake Fire CIP includes equipment purchases and replacements. Proposed Improvements 2016 • Replace E12 Rescue Pumper - $440,000 • Carpet Replacement and Paint at Station 1 - $50,000 2017 • Portable Radio Replacement - $21,500 2018 • Replace U13 with a new Utility Truck - $25,000 2019 • Replace U11 - $85,000 • Carpet Replacement and Paint at Station 2 - $30,000 • Replace SCBA - $250,000 2020 • Portable Radio Replacement - $21,500 Potential Funding Sources • Improvement/Equipment Outlay Fund (Long Lake Fire Special Account) – Annual Transfer from General Fund 9 COMMUNITY INVESTMENT CIP The Community Investment CIP includes projects that benefit the entire community and have no funding source other than the Community Investment Fund. The original amount in the fund is from the remaining balance of the Building Fund, which was created to construct City Hall. Proposed Improvements 2016 • Navarre Park and Ride - $12,000 2017 • County Road 112 Turn Back Project - $100,000 • Navarre Trail / sidewalk project - $200,000 2018 • County Road 112 Turn Back Project - $100,000 2019 • County Road 112 Turn Back Project - $100,000 2020 • County Road 15/19 Intersection - $100,000 Potential Funding Sources • Community Investment CIP 10 PUBLIC WORKS – STREETS CIP The City of Orono has over 48 miles of streets. The actual life of a road depends on several factors including the quality of construction, the amount of traffic, soil conditions, drainage, and the types of material that are used for construction. For a well constructed bituminous street, a typical life cycle includes seal coating the surface of the roadway every 3 to 7 years, a mill and overlay at year 15 to 20, and reconstruction at year 30. As indicated above, there are different preventative maintenance methods that can be used to maximize the life of a pavement. Two of the most common and effective methods include seal coating and mill and overlay. The effectiveness of each of these methods is dependent upon the condition of the pavement and the type, extent and severity of the pavement distress present. Seal Coat As the City is aware, a seal coat consists of the application of emulsified asphalt and loose aggregate to the existing surface. After the specified “curing” time, the excess aggregate is swept up and removed. This rehabilitation method is typically used several times throughout the life of a pavement. Seal coats are most effective when used on pavements in relatively good condition. This method is used to provide a new driving surface and to re-seal the pavement surface to provide some protection from weathering. The useful life of a seal coat is generally 3 to 7 years depending on the type of materials that are used and the condition of the pavement to which it is applied. The advantages of seal coating are as follows: • Relatively low initial capital expense • Provides improved skid resistance • Provides some moisture protection to the pavement • Minimal disruption to traffic • Provides an aesthetically uniform surface The disadvantages of seal coating include the following: • Does not improve structural integrity • Short useful life • Requires patching and sealing of major cracks prior to application • Limited effectiveness on pavements in poor condition 11 In order to maximize the life of the City’s pavements, it is recommended that the City continue to seal coat the streets on a regular basis (every 3 to 7 years). Mill and Overlay A mill and overlay consists of removing all or a portion of the in place bituminous surface and placing an application of a plant-mixed surface over the remaining surface. This rehabilitation method is typically used 1-2 times throughout the life of a pavement. Mill and overlays are most effective on pavements that are in moderate condition and with a stable subgrade. This method is used to replace the pavement surface and to increase or restore the pavement’s structural integrity. The useful life of a mill and overlay is generally 7 to 10-years depending upon the condition of the pavement to which it is applied. The advantages of a mill and overlay are as follows: • Moderate initial capital expense • Provides new pavement surface • Increases or restores structural integrity of the pavement • Minimal disruption to traffic • Does not raise the elevation of the street The disadvantages of a mill and overlay include the following: • Requires patching and repair of weak subgrade areas prior to application • Increased cost compared to an overlay with no milling • Limited effectiveness on pavements in poor condition • Useful life is variable depending upon the condition of the existing pavement • Ineffective on pavements with structurally limited subgrades Reconstruction Reconstruction consists of removal of the entire existing pavement section and the construction of a new pavement structure, including bituminous, aggregate base, geotextile fabric, soil correction, etc. This method is used when the existing pavement has deteriorated to such an extent that other rehabilitation methods are ineffective or utility construction is necessary. The useful life of a reconstructed pavement can be 25 to 30 years with proper maintenance and use of other rehabilitation methods throughout the pavement’s life. 12 The advantages of reconstruction are as follows: • Provides a new pavement structure • Allows for soil correction below the street where necessary • Long term useful life • Allows for the opportunity for utility improvements The disadvantages of reconstruction include the following: • High initial capital expense • Moderate to high disruption to traffic Projects included in the Streets CIP have been identified by the City’s Pavement Management Plan. Projects include both Municipal State Aid (MSA) streets as well as non-MSA streets. Proposed improvements include preventative maintenance activities such as seal coating and crack filling. In addition, structural improvements such as mill and overlays and reconstructions are included along with various unmet needs that have been identified in the City’s Pavement Management Plan. Proposed Improvements 2016 • Watertown Road (Shared with long Lake) - $133,796 • Watertown Road Phase II(Non MSA) - $89,500 • Watertown Road Rehabilitation (MSA) - $1,167,350 2017 • Casco Circle - $120,440 • Tamarack Drive - $82,790 • Hunter Drive - $74,140 • Chevy Chase Road - $175,532 • Maintenance – Seal Coat - $263,164 2018 TBD 2019 TBD 2020 TBD 13 Potential Funding Sources • Pavement Management Fund • Municipal State Aid Fund • Assessments • General Fund / Debt Service Transfer 14 PUBLIC WORKS - WATER CIP The existing watermain system consists of pipe ranging between 6” to 12”. Pipe materials include PVC and ductile iron. There are approximately 74,700 feet of pipe in the South System and approximately 41,450 feet in the North System. The East System has approximately 8,650 feet of pipe. The majority of the watermain was installed between 1967 and 2011. The City has two water towers. The south tower has a 200,000 gallon tank and was built in 1971. The north tower has a 400,000 gallon tank and was built in 1992. The City also has three existing wells; two in the South System and only one in the North System. The life cycle of a watermain depends on several factors including the quality of construction, the type of material used in construction, and soil conditions. In growing communities it is also possible for a watermain to become functionally obsolete if the size of the main prevents the system from meeting demand. In general, a well constructed watermain system can have a life of 50 or more years. Projects identified in the Water CIP include the costs associated with maintaining and improving the water system such as equipment rehabilitation, watertower maintenance, and watermain improvements and replacement. Proposed Improvements 2016 • Water Infrastructure Monitoring - $35,000 • Install Well #4 - $350,000 • North Water Extension - $600,000 • Well #1 Inspection and Maintenance - $20,000 • West Lafayette Main replacement - $75,000 2017 • Watermain Improvement Planning - $200,000 • Well #1 Inspection and Maintenance - $20,000 2018 • Well #3 Rehabilitation - $20,000 • Watermain Improvement Planning - $206,000 2019 • Watermain Improvement Planning - $212,180 • West Lafeyette Main Replacement - $75,000 2020 15 • South Tower Repaint/Rehab - $60,000 • Watermain Improvement Planning - $212,545 Potential Funding Sources • Enterprise Funds • Assessments • Grants 16 PUBLIC WORKS - SANITARY SEWER CIP The existing sanitary sewer system consists of pipe ranging between 1.25” to 21”. Pipe materials include PVC, VCP, and Truss. The majority of the sanitary sewer was installed between 1963 and 2011. Due to the City’s proximity to Lake Minnetonka and other water bodies, many of the City’s sanitary sewer lines are below the groundwater table and are susceptible to infiltration. Infiltration is caused by leaks in pipes, manholes, and service connections that allow groundwater to penetrate the system. Roots penetrating the sewer can also be a problem. The life cycle of a sanitary sewer system depends on several factors including the quality of construction, the type of material used in construction, and the proximity of landscaping such as trees and shrubs that may cause root issues. In growing communities it is also possible for a sanitary sewer to become functionally obsolete if the size of the main is not adequate to accept the flow. In general, older sanitary sewer systems that have infiltration issues need to be improved with either sewer lining or complete replacement. In most cases, the preferred method depends on the condition of the lateral services. Although both sewer mains and services can be lined to eliminate infiltration, it may be more cost effective to replace the main and services if significant infiltration exists in a majority of the service lines. The City is currently being charged an I&I surcharge from the MCES. Work performed as part of the CIP that reduces I&I can be counted against the surcharge. Projects identified in the Sanitary Sewer CIP include the costs associated with maintaining and improving the sanitary sewer system including lift station updates, Grinder Station updates, Generator improvements, sewer lining, and equipment purchases. The City currently has 45 lift stations that it is responsible for maintaining. Typically, the City plans for rehabilitating two lift stations and replacing one generator per year. 17 Proposed Improvements 2016 • Sewer Rehabilitation - $257,500 • Sanitary Sewer Televising - $44,558 • Lift Station #5 Generator - $53,000 • Lift Station #15 Updates - $53,045 • Grinder Station #6 Updates - $53,045 • 2000 Sterling Vactor Truck Pump Replacement - $30,000 • Lift Station Monitoring - $84,000 • Navarre Garage Re-roof and Paint - $15,000 2017 • Sewer Rehabilitation - $256,225 • Sanitary Sewer Televising - $45,895 • 1992 Katolite 250K Generator - $100,000 • Lift Station #1 Generator- $54,950 • Lift Station Updates (TBA) - $54,500 • Lift Station Updates (TBA) - $54,500 • Lift Station Monitoring - $26,000 2018 • Sewer Rehabilitation - $273,182 • Sanitary Sewer Televising - $47,271 • Lift Station #1 Generator - $54,590 • Lift Station Updates (TBA) - $56,135 • Lift Station Updates (TBA) - $56,135 • Generator Rehab - $10,000 • Lift Station Monitoring - $26,000 2019 • Sewer Rehabilitation - $281,377 • Sanitary Sewer Televising - $48,690 • Lift Station Updates (TBA) - $57,820 • Lift Station Updates (TBA) - $57,820 • Generator Rehab - $10,300 • 2005 Chevy ¾ Ton Pickup w/Plow #708 - $52,500 • 1989 Ford Jet Rodder - $300,000 18 • Lift Station Monitoring - $26,000 • Forest Arm Main Replacement - $75,000 2020 • Sewer Rehabilitation - $289,819 • Sanitary Sewer Televising - $50,150 • Lift Station Rehab (2 per year) - $112,270 • Lift Station Updates (TBA) - $59,550 • Lift Station Updates (TBA) - $59,550 • Generator Rehab - $10,610 • 2000 Sterling Vactor Truck - $370,000 • Lift Station Monitoring - $26,000 Potential Funding Sources • Enterprise Funds • Assessments • Grants 19 PUBLIC WORKS - STORM SEWER CIP Current regulations continue to require the City to make improvements to its storm water facilities. Upcoming TMDL requirements will be another factor that will potentially drive the need for storm water improvement projects. Projects that have been identified in the Storm Sewer CIP include specific projects for wetland restoration, improvements for erosion control purposes, and measures to improve water quality. The CIP includes storm water facility improvements associated with street improvement projects and pond cleaning and maintenance activities, which are anticipated to have an on-going expense. Proposed Improvements 2016 • Storm Watershe Deliniation - $10,000 • Watertown Road Phase II - $89,500 • Replace Trunk Mounted Sweeper #460 - $268,700 • Replace Tractor Front Mount Broom - $15,000 • Shoreline Stabilization (SWMP 13) - $10,000 • Storm Sewer Improvements (With Road Projects) - $150,000 • Kelly Avenue Drainage - $75,000 2017 • Fox Street @ OCB Road Quality Improvement (SWMP 4) - $60,000 • Shoreline Stabilization (SWMP 13) - $10,000 • Storm Sewer Improvements - $154,500 • Pond Cleaning/Maintenance - $150,000 • TMDL Updates - $50,000 2018 • Long Lake Wetland Restoration (SWMP 6) - $60,000 • Long Lake Ravine Stabilization (SWMP 7) - $40,000 • Storm Sewer Improvements - $150,000 • Forest Lake Subwatershed Water Quality Improvements (SWMP 9) - $20,000 • Shoreline Stabilization (SWMP 13) - $10,000 • Pond Cleaning / Maintenance - $154,500 • Storm Sewer Improvements (With Road Projects) - $159,135 • TMDL Updates - $51,500 2019 • Forest Lake Subwatershed Water Quality Improvements (SWMP 9) - $120,000 20 • Shoreline Stabilization (SWMP 13) - $10,000 • Storm Sewer Improvements (With Road Projects) - $163,910 • Pond Cleaning / Maintenance - $159,135 • TMDL Updates - $53,045 2020 • Stubbs Bay Wetland Resoration (SWMP 2) - $80,000 • Shoreline Stabilization (SWMP 13) - $10,000 • Storm Sewer Improvements - $168,826 • Pond Cleaning / Maintenance - $163,910 • TMDL Updates - $54,636 Potential Funding Sources • Enterprise Fund • Grants 21 POLICE CIP The Police CIP includes vehicle purchases and replacements, technology purchases, and weapons. Proposed Improvements 2016 • Squad 229 - $37,750 • Squad 227 - $37,750 • Squad 228 - $37,750 • Squad 853 - $38,000 • Technology Replacement - $10,000 • Weapons (Rifles) - $5,000 • Squad Video Cameras - $15,000 • Mobile Data Computer - $5,000 2017 • Squad 233 - $38,000 • Squad 236 - $38,000 • Squad 230 - $38,000 • Technology Replacement - $10,000 • Weapons (Rifles) - $5,000 • Mobile Data Computer - $5,000 2018 • Squad 242 - $38,000 • Squad 240 - $38,000 • Squad 843 - $38,000 • Squad 223 – $38,000 • Technology Replacement - $10,300 • Weapons (Rifles) - $5,000 • Mobile Data Computer - $5,150 • Portable Radios - $35,000 2019 • Squad 232 - $39,400 • Squad 233 - $38,000 • Squad 237 - $38,000 22 • Squad 841 - $38,000 • Technology Replacement - $10,610 • Weapons (Rifles) - $5,000 • Squad Video Cameras - $15,000 • Mobile Data Computer - $5,305 2020 • Squad 235 - $38,500 • Squad 243 - $38,500 • Squad 231 (WMDT) - $38,500 • Technology Replacement - $10,927 • Mobile Data Computer - $5,000 Potential Funding Sources • General Fund • Forfeiture Fund • Retained Contract Funds 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs JML Public Hearing Title City Clerk Item Description: Proposed 2016 Fee Schedule Attachment: A. Proposed 2016 Fee Schedule Ordinance B. Summary Ordinance The City updates its fee schedule annually. As part of this process the Council has chosen to hold a public hearing to discuss proposed changes in the Fee Schedule for 2016. Fees for water, sewer, and storm water have been set based on a rate study completed in 2008 by the City’s financial advisors. Proposed Utility Rate Changes • Page 26 – Municipal Sewer Rates. A 4% increase for the Utility Service Rates is recommended effective the 1st Quarter of 2016. The increases are necessary to cover system maintenance. • Page 26 – Municipal Water Rates. An 11% increase for the Municipal Water Rates to cover infrastructure needs. • Page 28 – Recycling Rates. R ecycling fees are recommended to increase by 10% to accommodate the reduced revenue from recycled materials. • Page 28– Storm Water Rate. Storm Water fees are recommended to increase by 5% to accommodate maintenance needs. Other Proposed Fee Schedule Changes • Page 2 – Commercial Site Plan Review. A new Application Escrow for minor modification of existing building per Sec. 78-42 of $2,500 minimum. • Page 6 – The Storm Water and Drainage Trunk Fees. An increase of 5%. • Page 8 – Building Permit. These fees are based on Total Valuation and the Valuation Table will be included in the Fee Schedule. • Page 11– Municipal Connection Fees. Increase to Water Meter and Meter Horns of 10% and will charge the current cost. • Page 12 – Connection to Sewer System in Adjacent City. A fee verbiage addition to include “whichever is higher”. • Page 15 – Sewer Projects. The 2010 Sewer connection at North Farm Road Staff has an increase of 5.25% which is the interest rate of the outstanding special assessments. • Page 16 – 2009 Utility Projects at Myrtlewood Utility Improvements increased the project 6.25% which is the interest rate of the outstanding special assessments. • Page 18 – Signs. A Permanent Sign permit fee of $50.00. • Page 19 – Fence Viewers. A $30.00 permit fee for Fence Viewers. • Page 29 – Golf Rates. Based on a survey of other local courses, staff is recommending an increase in the individual and senior season pass rates as well as cart rental rates. COUNCIL ACTION REQUESTED: Consider a motion to adopt the attached Ordinance adopting the City's Fee Schedule for 2016 and Summary Ordinance for publication. 2016 Fee Schedule 2016 ORONO FEE SCHEDULE DIRECTORY Administrative Offense Fees (Police)…...... 30-31 Copy Charges Page Administration ........................................ 20 Police Records ......................................... 24 Building Plan Copies .............................. 20 Copy Service (PD) ................................... 24 Information on CD/DVD ........................ 20 Photos ...................................................... 24 Reprint Oversized Documents On Microfilm......................................... 20 Audio CD (PD) ........................................ 24 Video DVD (PD) ...................................... 24 Connection Charges Sanitary Sewer ........................................ 10 Municipal Water ..................................... 15 Unit Adjustment ..................................... 16 Documents Comprehensive Guide Plan .................... 19 Current Street Address Book ................ 20 Labels ....................................................... 21 Listing Info - Realtors ........................... 20 Mail In Postage & Handling .................. 20 Municipal Code/Ordinance .................... 19 Special Assessment Searches .................. 20 False Alarm User Fees .................................... 23 Golf Course Fees ............................................. 28 Inspections Contractual Inspection Service .............. 18 Special Inspection Charges .................... 18 Licenses & Miscellaneous After-The-Fact Fees .................................. 4 Amusement Device s ................................ 22 Animal Impound Fees ............................ 21 Beer, Wine & Liquor License ................ 22 Canoe Rental Slip ................................... 19 Commercial Marina License .................. 19 Dog License ............................................. 21 Firearms Storage Fees…………………. 24 Gambling/Raffle Investigation ............... 20 Garbage Haulers License ....................... 19 Home Occupation License...................... 19 Joint Use Dock License ........................... 19 Kennel License ........................................ 21 Licenses & Miscellaneous (Cont.) Page Massage Therapy License ........................... 20 Public Dance License .................................. 22 Returned Check Charge ............................. 21 Solicitation License...................................... 20 Temporary Trailer/Building ..................... 19 Tobacco License .......................................... 20 Transient Merchant/Peddler License ........ 20 Maps For Sale ...................................................... 20 Public Works Supplies & Services Address Change ........................................... 29 Antenna Lease ............................................. 29 Driveway Culverts ....................................... 29 Driveway/Curb Cut Permits....................... 29 On-Call Service to Other Cities ................. 29 Permits After-The-Fact Fees ...................................... 4 Building Permit Fees ................................... 87 Burning Permits ........................................ 18 Cert. of Occupancy........................................ 7 Demolition Permit Fee .................................. 7 Docks: Commercial.................................................. 7 Residential ................................................... 7 Encroachment Permit/Agreement ……….. 7 Fence Viewers .............................................. 19 Fire Protection ............................................. 18 Firearms Discharge ..................................... 23 Fireworks Permit Fee ................................. 22 General Permit Fees ...................................... 7 Grading, Excavating, Filling ........................ 7 Large Assembly Permit .............................. 22 Lawn Sprinkler System ............................. 18 Limited Trapping Permit ........................... 23 Mechanical Permit Fees ................................ 8 Municipal Connection Permit & SAC Fees (Sewer/Water/SAC) ................................. 119 On-Site Systems (Septic) .............................. 17 Outhouse Construction ............................... 17 (See On-Site Systems) Plumbing Permit ........................................... 8 Retaining Walls ............................................. 7 Special Events .............................................. 23 Sprinkler Systems - Commercial.............................................. 18 Stairway to Lake ........................................... 8 Tent/Canopy Permit ...................................... 7 Tree Removal………………………………..8 Permits (Cont.) Page Underground Tank Removal………………..8 Vehicle Storage ............................................. 17 Water, Water Meter & Horn Fees ................ 9 Zoning Permit ................................................. 7 Services Fingerprinting (Police) ................................. 23 Firearms Storage ......................................... 24 Police Reserve Officers ............................. 23 Police Special Services ................................. 23 Water Turn-Off Charge ............................... 27 Water Turn-On Charge ............................... 27 Signs Street Signs (PW) .......................................... 29 Temporary & Permanent ............................. 18 Temp. "No Parking" (PD) ........................... 24 Temp. "No Parking" (PW) .......................... 29 Wetland Buffer Signs ................................... 29 Utility Rates & Miscellaneous Annual Service Charge Septic........................................................ 17 Municipal Sewer ..................................... 25 Municipal Water ................................ 25-26 Unpaid Accounts ..................................... 27 Recycling Charge .................................... 27 Stormwater Utility .................................. 27 Recycling Carts ............................................ 27 Sump Pump Surcharge ................................ 27 Zoning Applications After-The-Fact Fees ........................................ 4 Amendments ................................................... 2 Appeal of Administrative Decision ................ 3 Commercial Site Plan ..................................... 2 Comprehensive Plan Amend.......................... 2 Conditional Use Permit Fees .......................... 1 Easement Creation ......................................... 3 Industrial Revenue Bond Appl. ..................... 4 Park Dedication Fees ...................................... 5 PUD Rezoning ................................................. 2 Rezoning Application Fee .............................. 2 Rip Rap Application Fee ................................ 3 Special Improvements Appl. .......................... 3 Stormwater/Drainage Trunk Fees................. 6 Subdivision Application Fee .......................... 2 Surcharge for Staff Expense .......................... 4 Vacation Application Fees ............................. 3 Variance Application Fees ............................. 1 *Index Begins on Page 31 2016 Fee Schedule-Page 1 ORDINANCE NO. 128 THIRD SERIES AN ORDINANCE ADOPTING THE 2015 2016 FEE SCHEDULE AND AN ORDINANCE REPEALING ORDINANCE NO. 117 145, THIRD SERIES The City Council of the City of Orono ordains: SECTION 1. Ordinances Repealed. Ordinance No.117 145, Third Series, entitled 2014 2015 Amended Fee Schedule is hereby repealed. The City Council of Orono per Section 2-171 of the Municipal Code hereby ordains the following fees effective during the calendar year 2014 2016: SECTION 2. Fees. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the application. Applicants are responsible for all consultant charges incurred. Consultant charges will be billed separately. Applicable Application Type Fee Code Section VARIANCE Sec. 78-42; 78-96 thru 99; & Base Fee (Additional variances included in base fee) $ 700.00 Sec. 78-129 Variance Extension (no change from original approval) 1st Extension (Administrative approval) $ 50.00 2nd and each subsequent extension (Council approval) $ 350.00 After-the-Fact Fees Double Application Fee Res. #1306 Application Escrow: New Home/Addition/New Structure $2,500.00 Sec. 78-42 Other Variance $ 700.00 Exempt: Sign CUP/Var; Guest Apt/Guest House CUP; Plbg. in Accessory CUP CONDITIONAL USE PERMIT (One charge per project) Sec. 78-42; 78-913 Residential Accessory Use (Animals, etc.) $ 700.00 Institutional Use (School, Church, etc.) $ 700.00 Duplex Credit (per building) $ 700.00 Guest House/Guest Apartment $ 700.00 Commercial/Industrial Use $ 700.00 Non-Conforming Use (Finding of Similar Use) $ 700.00 Land Alteration: - Grading & filling - designated wetland/floodplain $ 700.00 + permit - Grading, filling, etc. (over 500 cubic yards) $ 700.00 + permit - Sea walls, retaining walls within 0-75' lakeshore $ 700.00 + permit Application Escrow (any of the above) $ 700.00 Sec. 78-42 Amend Existing CUP $ 700.00 Renewal Conditional Use Permit $ 350.00 (no change from original application) Conditional Use Permit with Variance (included in base CUP fee) After-the-Fact Fees Double Application Fee Res. #1306 2016 Fee Schedule-Page 2 ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section PLANNED DEVELOPMENT RPUD or PRD Application with Subdivision Subdivision Fee plus $35.00 per dwelling unit RPUD or PRD Application without Subdivision $50.00 per dwelling unit (minimum $600.00) PID Applications (5 acre minimum per code) $200.00 per acre (minimum $1,000.00) PUD Rezoning (Highway 12 Corridor Only): Ch. 78, Article VI Residential $700.00 + $40.00 per dwelling unit Commercial/Industrial $200.00 per acre (min. $875.00) Application Escrow $10,000 minimum Sec. 78-42 COMMERCIAL SITE PLAN REVIEW $700.00 + Consultant Fees Sec. 78-42 Application Escrow (new building) $10,000 minimum Sec. 78-42 Application Escrow (minor modification existing building) $2,500 minimum Sec. 78-42 ZONING AMENDMENTS INCLUDING REZONING $700.00 + Consultant Fees Sec. 78-42 Escrow $700.00 REQUEST TO AMEND COMPREHENSIVE PLAN $700.00 + Consultant Fees Sec. 78-42 Escrow $700.00 SUBDIVISION Sketch Plan (Class I, II, & III) $350.00 Sec. 82-85 Basic Subdivision Application $700.00 Sec. 82-112 (a)(b), 82-15 (Class I & II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Plat Review $850.00 + $30.00/lot Sec. 82-112 (c) (Class III and all non-residential) Final Plat Review $700.00 + Special Legal/Engineering/ Consultant Charges Sec. 82-142 (9) Renewal of Subdivision Approval $350.00 (Class I, II & III, and Subdivision of a Lot Line Rearrangement) (No Change from Original Approval) Application Escrow $2,500 minimum-no public Sec. 78-42 and 82-47 2016 Fee Schedule-Page 3 (All Class II and III Subdivisions, and any Class I Subdivision or Lot Line Rearrangement improvements that involves improvements subject to a Development Agreement) $10,000 minimum with public improvements ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section VACATIONS Public Road $100.00 per benefiting Sec. 78-42 property ($700.00 minimum per application) Easement Vacations with Subdivision Applications $200.00 Sec. 78-42 Easement Vacations not Associated with Subdivision Applications $700.00 + Consultant Fees Sec. 78-42 Escrow $700.00 EASEMENT CREATION Easement Creation with Subdivision Application (no fee) Easement Creation not Associated with Subdivision Application $700.00 + Consultant Fees Sec. 82-15 (a)(3), 82-112(a) Escrow $700.00 SPECIAL IMPROVEMENTS Sec. 82-213 (4) Non-refundable charges for City Engineer's review for applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads $650.00 plus 50c//lineal foot Proposed Public Roads $950.00 plus 50c//lineal foot Request for City to accept existing private road $950.00 Request for City to maintain unimproved public road $225.00 Proposed Sanitary Sewer Main Extension $275.00 plus $25.00 per stub Proposed Watermain Extension $275.00 plus $25.00 per stub Proposed Storm Sewer System (excluding culverts) $250.00 On-Site System - Site Evaluation Review $ 60.00 per new lot proposed (applicable to rural subdivision applications) for on-site APPEAL OF ADMINISTRATIVE DECISION $ 50.00 Sec. 78-99, 2-41 2016 Fee Schedule-Page 4 ZONING APPLICATIONS (CONT.) Applicable Application Type Fee Code Section INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/administrative expenses SERVICE RATES, SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Sec. 75-9, Sec. 78-42 Per Fee Schedule set forth below: Professional Time $ 50.00/hour Clerical Time $ 30.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all zoning permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-Fact Investigation Fee Amount: Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 2016 Fee Schedule-Page 5 ZONING APPLICATIONS (CONT.) Applicable Fee Code Section PARK DEDICATION FEES I Sec. 82-227 Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. The City Council has established by resolution a minimum residential park fee of Res. 4738 (12-10-01) $3,250 per dwelling unit and a maximum of $5,550 per dwelling unit. The City Council has established by resolution a minimum commercial/industrial park fee of Res. 4739 (12-10-01) $8,125 per acre and a maximum of $13,875 per acre. 2016 Fee Schedule-Page 6 ZONING APPLICATIONS (CONT.) Applicable Fee Code Section STORM WATER AND DRAINAGE TRUNK FEES Sec. 14-281 thru 14-287 Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency factor multiplier is assigned to each land use type, with a 2-acre residential lot considered as the standard in the City with an equivalency factor of 1.0. The table below lists the storm water trunk fees per acre for the various zoning districts and land uses in the City. Storm Water and Drainage Trunk Fees (amended July 2015) New Development Land Use Trunk Fee per Acre Maximum Trunk Fee per Lot Single Family Residential 5 Acre Zone $3,075 $3,230 $15,375 (1), (2), (4) Single Family Residential 2 Acre Zone $3,840 $4,030 $7,680 (1), (3), (4) Single Family Residential 1 Acre Zone $5,000 $5,250 $5,000 (1), (5) Single Family Residential 1/2 Acre Zone $5,765 $6,050 $2,883 (1), (6) Multi FamilyMulti-Family Residential 4 Units/Acre or Less $6,930 $7,275 NA (7) Multi FamilyMulti-Family Residential Greater than 4 Units/Acre $8,085 $8,490 NA (7) Commercial or Industrial $9,230 $9,690 NA 1. Trunk fee charged on per lot basis. For the 5-acre, 2-acre, 1-acre and 1/2-acre zoning districts, the trunk fee shall be charged on a per-lot basis. Only acreage platted as building lots shall be charged the trunk fee. Acreage platted as road-rights-of-way or out lots for other purposes shall not be charged the trunk fee. The dollar amount calculated by multiplying (a) the number of new lots by (b) the zoning district base acreage per lot by (c) the base trunk fee per lot established in the City Fee Schedule, shall be deemed the Base Development Trunk Fee. 2. Maximum fee. For the five-acre zoning district, any lot exceeding 5.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 5.0 acre parcel. 3. Maximum fee. For the two-acre zoning districts, any lot exceeding 2.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 2.0 acre parcel. 4. Fee Credits. For the two-acre and five-acre zoning districts, a combined reduction of up to 50% of the Base Development Trunk Fee shall be allowed for the percentage of the total development property acreage in one or more of the following categories: - acreage of newly-created wetland. - acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the development site. - acreage of conservation easements resulting from Conservation Design process. 5. Maximum fee. For the one-acre zoning districts, any lot exceeding 1.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 1.0 acre parcel. 6. Maximum fee. For the 1/2-acre zoning districts, any lot exceeding 0.5 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 0.5 acre parcel. 7. Multi-family and High-Density Single Family Developments. Trunk fee shall be charged on a per-acre basis, except that the following acreages will not be subject to the trunk fee: - all wetland acreage up to the delineation line - acreage of stormwater ponding or similar improvements that provide additional treatment benefits beyond what is required to treat the stormwater runoff from the development site. 2016 Fee Schedule-Page 7 - acreage of conservation easements resulting from Conservation Design process New Development Land Use Trunk Fee/ Acre (1) Buffer Easement Reduction. For the 5-acre zoning district, a reduction of up to 50% of the trunk fee for the lot will be allowed for the percentage of the lot protected by perimeter and/or drainage way buffer easements. These buffer easement areas shall remain in a natural condition. (2) Maximum Fee. For the 5-acre zoning district, any lot exceeding 7.0 gross acres including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 7.0 acre parcel. Such lot shall remain eligible for the up to 50% reduction noted in (1) above, such reduction based on the percentage of 7.0 acres that is placed in buffer easements. (3) Maximum Fee. For the 2-acre zoning districts, any lot exceeding 4.0 gross acres including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 4.0 acre parcel. Single Family Residential 5 Acre Zone (1) (2) $3,075 Single Family Residential 2 Acre Zone (3) $3,840 Single Family Residential 1 Acre Zone $5,000 Single Family Residential 1/2 Acre Zone $5,765 Multi Family Residential 4 Units/Acre or Less $6,930 Multi Family Residential Greater than 4 Units/Acre $8,085 Commercial or Industrial $9,230 Redevelopment projects will be defined as any project to either remove and replace existing structures or to enlarge existing structures. These projects will be charged a portion of the base trunk fee adjusted for the area of expansion of impervious surface above the existing conditions. The table below lists the base trunk fee based on the area of impervious surface expansion and adjusted for the type of land use. The trunk fee shall be determined by multiplying the appropriate fee by the acreage of the development site. Area of Impervious Surface Expansion Residential Redevelopment or Expansion of Existing Development Trunk Fee/Acre Commercial or Industrial Redevelopment or Expansion of Existing Development Trunk Fee/Acre 0-1000 Square Feet $1,350 $1,415 $3,230 $3,390 1000-2000 Square Feet $2,690 $2,825 $6,460 $6,780 More than 2000 Square Feet $3,780 $3,970 $9,240 $9,700 2016 Fee Schedule-Page 8 CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section BUILDING PERMIT TOTAL VALUATION FEE* $1.00 to $500 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up $26.25 $26.25 for the first $500.00 plus $3.41 for each additional $100.00, or fraction thereof, to and including $2,000.00 $77.40 for the first $2,000.00 plus $15.49 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $433.67 for the first $25,000.00 plus $11.29 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $715.92 for the first $50,000.00 plus $7.88 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $1109.92 for the first $100,000.00 plus $6.30 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,629.92 for the first $500,000.00 plus $5.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $6,254.92 for the first $1,000,000.00 plus $4.20 for each additional $1,000.00, or fraction thereof * Minimum $50.00 permit fee per City Ordinance Minimum Fee $ 50.00 Ord. 216 Normal Fee (per 2008 Building Permit Fee Table Based on Valuation) Plan Review Fee: Commercial (per 2014 Building Permit Fee Table Based on Valuation) Residential 70% of Building Permit Fee Building Valuation Standard (per Current I.C.B.O. Building Standards/Building Valuation Data) Retaining Walls $25.00 minimum 2016 Fee Schedule-Page 9 Applicable Permit Type Fee Code Section NOTE: Retaining walls in 0-75' lakeshore protected zone (per 2008 Building Permit Fee Table Based on Valuation) - see Cond. Use Permit section of fee schedule. Application Escrow: Grading, Excavation and Filling $2,000.00 Ord. 42, 3rd Series Application Escrow: New Home/Addition/New Structure $2,500.00 minimum Ord. 42, 3rd Series *includes Erosion Control per Section 79 TEMPORARY CERTIFICATE OF OCCUPANCY ESCROW (winter conditions) $10,000 DEMOLITION PERMIT Ord. 216 Principal Structure $75.00 Initial inspection $25.00 for each requested or required inspection beyond initial inspection Accessory Structure $ 50.00 Initial inspection Application and Erosion Control Escrow $2,500.00 ENCROACHMENT PERMIT/ENCROACHMENT AGREEMENT $150.00 TENT/CANOPY PERMITS $50.00 WETLAND BUFFER ESCROW $2,000.00 minimum 78-1601 (c); 78-1605 Amount to be determined based on project ZONING PERMIT DOCKS - RESIDENTIAL $50.00 [Permanent (CUP Required) and Initial Seasonal] DOCKS - COMMERCIAL $50.00 + engineering charges Application Escrow: Grading, Excavation and Filling $2,000.00 Ord. 42, 3rd Series *includes Erosion Control per Section 79 GRADING, EXCAVATION, FILLING/LAND ALTERATION 501 + cubic yards $50.00 + Conditional Use Permit NOTE: 501 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. Application Escrow: Grading, Excavation and Filling $2,000.00 Ord. 42, 3rd Series *includes Erosion Control per Section 79 2016 Fee Schedule-Page 10 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section ZONING PERMIT (CONTINUED) STAIRWAY TO LAKE $50.00 + engineering charges Application Escrow: Grading, Excavation and Filling $2,000.00 Ord. 42, 3rd Series *includes Erosion Control per Section 79 TREE REMOVAL WITHIN 0-75' NO FEE Sec. 78-281 thru 78-283 WALLS – Not requiring a Building Permit Grading Permit required NOTE: 501 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit STRUCTURE PERMIT – Including but not limited to accessory structures, decks $50.00 + engineering charges and platforms not requiring a Building Permit Application Escrow: New Structure $2,500.00 Sec. 78-42 *includes Erosion Control per Section 79 PLUMBING PERMIT 1.25% of contract price or Minimum Fee for Plumbing Permit $ 50.00 minimum per project Replacement of residential fixture or appliance (meets code requirements) $15.00 Mail-in postage & handling charge $ 2.00 MECHANICAL PERMIT Residential, Single Family & Duplex by Unit Type Minimum Fee for Mechanical Permit 1.25% of contract price or $ 50.00 minimum per project Replacement of residential fixture or appliance (meets code requirements) $15.00 Mail-in postage & handling charge $ 2.00 Under Ground Tank Removal Per mechanical permit fees Commercial, Industrial & Multi-Family Residential by Unit Type $ 50.00 minimum fee or 1.25% of contract price 2016 Fee Schedule-Page 11 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section MUNICIPAL CONNECTION PERMIT (together with area connection charges) Sewer $ 50.00 SAC (Sewer Availability Charge)-Determined by MCES $2,485.00 Water $ 50.00 Water Meter & Horn Fees 5/8" (3/4"x7-1/2") meter with horn including sales tax (Expected to increase 10%) $ 314.67 or current cost Res. #5101 3/4" (3/4"x9") meter with horn including sales tax (Expected to increase 10%) $ 390.34 or current cost 1" meter with horn including sales tax (Expected to increase 10%) $ 497.37 or current cost Larger meter Quote Basis Horn including sales tax Quote Basis Mail-in postage & handling charge $ 2.00 (sewer and water permits only) 2016 Fee Schedule-Page 12 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. CONNECTION TO SEWER SYSTEM IN ADJACENT CITY Fee Connection to Long Lake Sewer System $1,900.00 or per current Long Lake Fee Schedule, which ever is higher Connection to Wayzata Sewer System $602.00 or per current Wayzata Fee Schedule, which ever is higher SEWER PROJECTS By District - Project Unit Charge + Area Or Acreage Charge Credit To Area 1963 ST-1A, LS-1A, ST-1B, LS-1B $6,700.00 (1) 1964 LS-1A or LS-1B $6,700.00 (1) 1965 LS-1 $6,700.00 (1) 1965 LS-1A $6,700.00 (1) 1967 LS-1 $6,700.00 (1) 1969 LS-1 Shore Hills $16,720.00 (1) 1969 LS-2 Chevy Chase $13,070.00 (1) 1970 LS-1 Saga Hill $6,555.00 (1) 1971 LS-1 Dunwoody $5,837.00 (1) 1973-1 $11,316.00 (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (6) 317-37691 1997 Improvements (4) 406-37691 PIR Fund #7 LS & Forcemain (7) 313-37691 1998-1999 Sewer Improvements (5) 316-37691 1992 Improve Stubbs Bay (8) 314-37691 2000 Sewer Improvements 2016 Fee Schedule-Page 13 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. SEWER PROJECTS 1980-1 Minnetonka Bluffs $14,510.00 (1) 1980-1 West Ferndale/County Road 15 $33,700.00 (1) 1980-1 Orono Lane $26,970.00 (1) 1980-1 County Road 15/Marinas $11,290.00 (1) 1980-2 North Shore Drive/Scotch Pine Lane $33,700.00 (1) 1981-1 North Shore Drive/Highwood $17,350.00 (1) 1982-1A Navarre Utilities $ 3,690.00 Trunk Area $1,508.00 (1) 1982-1B Navarre Utilities Northern Avenue $600.00 (trunk unit acre/unit) $3,990.00 Per Acre (1) 1985-1 Crystal Bay $17,540.00 (1) 1983-1 Highway 12 Orono-Long Lake-Medina $ 1,730.00 (1) 1989 Highway 12 $6,330/acre (1) 1992 Stubbs Bay Sewer I Stubbs Bay NE/NW - Bayside East II Bederwood III Bayside North IV Oxford V Cygnet and Leaf $19,750.00 $30,580.00 $25,900.00 $36,550.00 $29,540.00 (1) (1) (1) (1) (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (6) 317-37691 1997 Improvements (2) 406-37691 PIR Fund #7 LS & Forcemain (7) 313-37691 1998-1999 Sewer Improvements (3) 316-37691 1992 Improve Stubbs Bay (8) 314-37691 2000 Sewer Improvements ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) 2016 Fee Schedule-Page 14 The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. SEWER PROJECTS 1997 SEWER 97-1 North L.L./L.L.C.C $26,280.00 (6) 97-2 Bracketts Point $43,760.00 (6) 97-3 Bay Ridge $23,360.00 (6) 1998 - 1999 SEWER 1998 Shoreline/Heritage Sewer $22,440.00 (7) 99-1 Orono Orchard Sewer $29,570.00 (7) 99-2 Edgewood Hills Sewer $37,570.00 (7) 2000 SEWER 2000-1 Webber Hills $9,580.00 (8) 2000-2 Fox Ridge $21,140.00 (8) 2000-3 East Long Lake $16,790.00 (8) 2000 Little Orchard Way To be determined by Engineer (?) 2003 SEWER 2003-1 North Long Lake East $15,460.00 (1) 2003-2 Old Long Lake Road $ 9,130.00 (1) 2003-3 Sixth Ave N/Brown Rd (Phillips) $11,940.00 (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (6) 317-37691 1997 Improvements (2) 406-37691 PIR Fund #7 LS & Forcemain (7) 313-37691 1998-1999 Sewer Improvements (3) 316-37691 1992 Improve Stubbs Bay (8) 314-37691 2000 Sewer Improvements 2016 Fee Schedule-Page 15 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. SEWER PROJECTS 2004 SEWER 2004 North Long Lake East Extension $14,610.00 (1) 2004 West Farm/Homestead $ 8,765.00 (1) 2005 SEWER 2005-1 Webber Hills/S Brown Rd Ext $13,280.00 (1) 2005-1 Dickey Lake Dr N $15,940.00 (1) 2006 SEWER 2006-1 Jamestown Road $14,110.00 (1) 2007 SEWER 2007 Farview Lane Sewer $10,650.00 (1) 2010 SEWER + 5.25% 2010 North Farm Road $ 8,820.00 $9,280 (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (6) 317-37691 1997 Improvements (2) 406-37691 PIR Fund #7 LS & Forcemain (7) 313-37691 1998-1999 Sewer Improvements (3) 316-37691 1992 Improve Stubbs Bay (8) 314-37691 2000 Sewer Improvements 20165 Fee Schedule-Page 16 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1984 Forcemain and Lift Station #7 upgrade (An additional fee is charged for properties benefitting from the 1984 forcemain and lift station #7 upgrade, as follows, see map for affected areas) All Charges Are Per Unit #6 By Pass + #7 Forcemain Credit To Area Existing Properties/Increase $ 680.00 (4) New Bldgs Replacing Existing BldgsBldgs. (If usage increases from existing) $ 680.00 (4) New Residential w/Existing Stub $1,940.00 (4) New Residential without Stub $ 610.00 (1) $1,940.00 (4) (1) and (4) Freshwater Biological (Incl. "Marsh at Lafayette' Lots) $ 610.00 (1) $ 760.00 (4) Per unit on connection (previously assessed $2,000/acre) (1) and (4) 1989 Gravity Line and Lift Station #10 By Pass (An additional fee is charged for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution #2671) Fixed Charge + #10 By Pass Credit To Area (see map for affected areas) $ 240.00 $3,420.00 (1) UTILITY PROJECTS 2009 UTILITY PROJECTS + 6.25% 2009 Myrtlewood Utility Improvements $23,513.00 $24,980 (9) CREDIT TO AREA: (1) 602-37691 Sewer Operating (6) 317-37691 1997 Improvements (9) 601-37391/602-37391 2009 Utility Improvements (2) 406-37691 PIR Fund #7 LS & Forcemain (7) 313-37691 1998-1999 Sewer Improvements (3) 316-37691 1992 Improve Stubbs Bay (8) 314-37691 2000 Sewer Improvements 20165 Fee Schedule-Page 17 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for the area. Such connections are subject to City Council approval. CONNECTION TO WATER SYSTEM IN ADJACENT CITY Fee Connection to Long Lake Water System $1,900.00 or per current Long Lake Fee Schedule Connection to Wayzata Water System $2,122.00 $2,165.00 or per current Wayzata Fee Schedule WATER PROJECTS By District - Project Unit Charge + Area Or Acreage Charge + Front Foot Charge Credit To Area 1967 LW-1 Highway 12/Crystal Bay Road $ 5,710.00 $ 42.40 (1) 1969 LW-2 Chevy Chase $ 5,710.00 (1) 1970 LW-1 Navarre Residential $ 2,820.00 $ 28.25 (1) 1970 LW-1 Navarre Commercial $ 4,240.00 $ 42.50 (1) 1982-1A Navarro $ 3,020.00 (1) 1989 Highway 12 $10,480.00/acre (1) CREDIT TO AREA: (1) 601-37391 Water Operating 20165 Fee Schedule-Page 18 SEWER AND WATER UNIT ADJUSTMENT CHARGES CHARGES Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. CREDIT Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the new use. UNIT CHARGE Each sewer and each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. CONSTRUCTION PERMITS AND INSPECTION FEES Applicable Permit Type Fee Code Section ON-SITE SYSTEMS Ch. 58, Article II Design Review Fees Included with permit fees Subdivision Site Evaluation Report Review $ 60.00/per new lot Residential System Permit: Repair existing system $100.00 New/Replacement System 400.00 + $20.00 per each inspection over 3 (Includes outhouse on Big Island) Non-Residential System Permit: New or Total replacement $200.00 + $20.00 per each inspection over 3 Annual Septic Fee $45.00/per year plus an additional $10.00 fee for late penalty plus 8% interest for unpaid charges certified SIGNS Temporary $ 35.00 Permanent Per 2008 Building Permit Fee Table Based on Valuation$50.00 Minimum $35.00 VEHICLE STORAGE PERMIT $50.00 Sec. 78-1577(C) 20165 Fee Schedule-Page 19 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Applicable Permit Type Fee Code Section SPECIAL INSPECTION CHARGES Fence Viewers $ 30.00 Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $30.00 per trip + boat rental if application on Big Island or transportation is not Deering Island provided by owner Re-inspection fee after failure to comply $ 30.00 per trip + $30.00 per with Building, Septic or Zoning Code hour after 1st hour Correction Notice - 3rd trip FIRE PROTECTION Ord. 223 Fire Prevention Inspection No Charge Fire Code Permits $50.00 Commercial Fire Alarm Per 2008 Building Permit Fee Table Based on Valuation Plan Review Fee 65% of permit fee Fire Sprinkler Systems - Commercial $50.00 minimum fee or 1.25% of contract price Surcharge based on valuation Kitchen Fire Extinguishing System - Commercial Per 2008 Building Permit Fee Table Based on Valuation LAWN SPRINKLER SYSTEM $50.00 BURNING PERMITS Up to 5 times per year No Charge For Each Re-inspection $ 20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 30.00 per month (Includes clerical time) Inspection Charge $ 30.00 per inspection Plan Review Charge Per 2008 Building Permit Fee Table Based on Valuation Clerical Fee (Only charged if clerical use is excessive) $ 20.00 per hour 20165 Fee Schedule-Page 20 LICENSES & MISCELLANEOUS CHARGES Applicable Fee Code Section COMMERCIAL MARINA LICENSE Application Fee (initial) $300.00 Renewal Application & Inspection Fee $200.00 (annual) plus: Late fee $l00.00 JOINT USE DOCK LICENSE Application Fee (Initial) $ 50.00 Renewal Application Fee $ 20.00 Plus each slip $ 2.00 Late Fee $ 25.00 CANOE RACK RENTAL $40.00/slip GARBAGE HAULER LICENSE - flat rate $ 75.00 Ch. 54, Article III - per hauler $ 15.00/truck - transfer fee $ 30.00 HOME OCCUPATION LICENSE (Level 2) $ 100.00 Initial Review Fee Sec. 26-76 $ 30.00 (Annual Review Fee) TEMPORARY TRAILERS & BUILDINGS $ 30.00 LICENSE ZONING DEPARTMENT DOCUMENTS 2000-2020 Comprehensive Plan $ 75.00 Municipal Code Book - complete $ 60.00 w/binder (Ch. 1-94 w/revisions) Municipal Code Book - Portions Ch 78 only (Zoning Code) w/revisions $ 25.00 loose Ch 82 only (Subdiv. Code) w/revisions $ 15.00 loose Other Individual Chapters $ .25/page Binder $ 5.00 Comp. Plan Amendment #2 (Hwy 12) $ 5.00 20165 Fee Schedule-Page 21 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Document Type Fee Code Section GIS and City Maps 8 ½x11 11x17 17x22 22x34 Black & white $0.25 $1.00 $2.00 $ 4.00 Color $2.00 $4.00 $8.00 $16.00 City Street Number Maps $0.25 $2.00 --- $ 5.00 Building & Planning Publications As Posted - Prices subject to change General Administrative Licenses/Fines Gambling & Raffle Investigation $ 10.00 Ch. 38, Article II Massage Therapy License $100.00 Ch. 31, Article II Background Investigation $150.00 Annual Renewal $100.00 Solicitor/Transient Merchant/Peddler License $100.00 plus actual costs Ch. 30 up to $1,500 Tobacco Licenses $125.00 Ch. 50, Article II Licensee or Employee Violations within 24 month period 1st Offense $150.00 2nd Offense $400.00 3rd Offense & Over $500.00 Penalty for Use of Tobacco Where Prohibited $100.00 Sec. 51-5 General Administrative Documents Listing Information $ 10.00 Assessment Search - Written $ 20.00/parcel (Verbal searches not given) Fax Charge No charge up to 6 pages; $.25 each additional page Copy Service (for public City records only) $ .25 each 11" x 17" copies $ 1.00 each Individual copies of Ordinances Ordinance Ssections (1 copy) No Charge Reprint of Oversized Documents that Cost of copying service, Messenger service & have been microfilmed Min. Clerical Fee of $5.00 (entire amount to be paid upon request) Building Plan Copies Cost of Copying, Messenger Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) Current Street Address Book $ 25.00 20165 Fee Schedule-Page 22 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Document Type Fee Code Section General Administrative Documents (Continued) Labels from Utility Billing System $ .05 per label (approximately $150.00) Electronic Labels $ 10.00 Information Provided on CD $ 10.00 per CD Information Provided on DVD $ 20.00 per DVD Mail-in Postage and Handling Charge $ 2.00 + actual cost if more than $2.00 Surcharge for Staff Expense in Excess of Regular Fees Professional Time $ 50.00/hour Clerical Time $ 30.00/hour Legal/Engineering Consultants Actual Billed Cost Mileage/Copies/Postage/Etc. Actual Cost Returned Check Charge $ 20.00 DOG LICENSES Sec. 62-131 thru 62-135 Biannual License (issued in odd years) $ 20.00 Annual License (issued in even years only) $ 10.00 Duplicate License/Tag $ 1.00 Mail-in postage & handling charge $ 2.00 KENNEL LICENSES $150.00 Sec. 62-161 thru 62-185 Commercial Application & Inspection Fee (Annual) Residential Application & Inspection Fee (Annual) $ 30.00 NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE - RELEASE FEE Sec. 62-104 First Offense $ 60.00 Second Offense $ 80.00 Third Offense $100.00 After Hours, Weekend & Holiday Release Charge $ 75.00 ANIMALS AT LARGE (Other than dogs) - Release Fee Ch. 62, Article I First Offense $ 55.00 Second Offense $ 65.00 Third Offense $ 75.00 Trace & Catch Animal $ 35.00/hour Trailer Charge $ 55.00 plus .31 mile (total distance) CARE OF IMPOUNDED ANIMAL Actual Cost 20165 Fee Schedule-Page 23 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Permit Type Fee Code Section Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor/3.2 Beer On Sale/ $500.00 per License Ch. 34, Article II 3.2 % Malt Liquor Off Sale/Wine Collected at Application In state investigation Actual cost up to $10,000 Out state investigation Actual cost Off-Sale Liquor License $150.00 Sec. 34-66 On-Sale Liquor License $5,000.00 Sec. 34-66 On-Sale Wine License $2,000.00 Sec. 34-77 3.2 % Malt Liquor Off-Sale (Annual) $ 50.00 Sec. 34-66 3.2 % Malt Liquor On-Sale (Annual) $ 100.00 Sec. 34-66 Setup (Annual) $ 100.00 Sec. 34-126; 34-143 Club Liquor License (weekday) $ 200.00 Sec. 34-66 (Sunday) $ 200.00 Sec. 34-66 Temporary Set-up Permit (1-4 days) $ 25.00/each Sec. 34-42 Temporary On Sale 3.2% Malt Liquor (1-7 days) $ 25.00/each Sec. 34-82 Temporary Off-Sale Wine License (wine auction) $ 25.00/each Sec. 34-42 Temporary On-Sale Wine License (1-4 days) $ 25.00/each Sec. 34-42 Temporary On-Sale Liquor License (1-4 days) $ 25.00/each Sec. 34-42 Liquor Violations (3 years immediately prior to date of most current violation) 1 st Violation $500.00 Sec. 34-41 2nd Violation $1,000 & 3 day license suspension 3rd Violation $2,000 & 2 week license suspension 4th Violation License revocation AMUSEMENT DEVICE LICENSES Sec. 38-601 thru 38-603 Per Establishment (Annual) $100.00 + machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (annual) $100.00 Sec. 38-501 thru 38-506 (Individual Permit) $ 10.00 LARGE ASSEMBLY PERMIT (over 300 people) $200.00 + $60.00 each Sec. 38-801 thru 38-803 additional day; actual costs up to $1,500 FIREWORKS PERMIT Sec. 70-99 Display of Fireworks/Pyrotechnic Special Effects $ 50.00 Sale and/or Storage of Consumer Fireworks $ 50.00 20165 Fee Schedule-Page 24 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Application Type Fee Code Section Police Department Administered FIREARMS DISCHARGE PERMIT Ch. 70, Article III Pest Control (limited use) $ 25.00 Game Animals (limited use) $ 25.00 Target Shooting (limited use) $ 25.00 Annual (Club Only) $ 25.00 LIMITED TRAPPING PERMIT $ 20.00 Sec. 70-71 SPECIAL EVENTS PERMIT $ 50.00 or $200.00 if over Ch. 66, Article VI (Includes Parades, Noise Exemption, Use of Public Property) 200 people; actual costs up to $1,500 Double fee if application not received 10 business days prior to event FALSE POLICE ALARM USER FEES Ch. 42, Article III First false alarm/calendar year No Charge Second false alarm/calendar year $ 50.00 Third false alarm/calendar year $100.00 Fourth false alarm/calendar year $150.00 Fifth and over false alarm/calendar year $250.00 FALSE FIRE ALARM USER FEES Ch. 42, Article III First false alarm/calendar year No Charge Second false alarm/calendar year $ 75.00 Third false alarm/calendar year $250.00 Fourth false alarm/calendar year $350.00 Fifth & over false alarm/calendar year $500.00 each call FINGERPRINTING SERVICE $ 25.00/application RESIDENTS ONLY (Citizenship No Charge) POLICE SPECIAL SERVICES (Officer 119 rate) $100.00 per hour Police Reserve Officers $25.00 per hour 20165 Fee Schedule-Page 25 LICENSES & MISCELLANEOUS CHARGES (CONT.) Applicable Application Type Fee Code Section Police Department Administered COPY SERVICE - Police Records First Two Copies $ 0.25 per page Additional Copies $ 0.25 each More than 100 pages (actual costs) PHOTOS $10.00 on CD "NO PARKING ORDER OF POLICE" $ 1.00 each paper signs (no lath included) AUDIO CD’s $ 10.00 each VIDEO DVD’s $20.00 STATEMENTS $10.00 for CD & (transcribed copy or CD when available; subject to Data Privacy Act - will be charged an actual hourly fee) FIREARMS STORAGE FEES $50.00 per gun (Police Policy 3056) 20165 Fee Schedule-Page 26 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Applicable Application Type Fee Code Section Utility Service Rates - Effective beginning First Quarter 2016 Res. #5911 MUNICIPAL SEWER RATE by unit: 1st $134.04 $139.40/per quarter 2nd $118.46 $123.20/per quarter by flow: $4.94 $5.14/1000 gallon plus $12.82 $13.33/per quarter/per connection Long Lake Service Base Fee $20.00 $20.80/per quarter Flow $ 6.00 6.24/1000 gallon Wayzata Service Metered Service Base Charge $20.00 $20.80/per quarter Flow $ 5.50 $5.72/1000 gallon Unmetered Service Per property $153.38 $159.52/per quarter Some Properties on Mytlewoodon Mytlewood and Old Long Lake Road are not connected to water. Wayzata bills Orono based on a quarterly usage of 25,000 gallons. Charge is based on the metered rates and 25,000 gallons. MUNICIPAL WATER RATES Navarre Area (Area #1) and Hwy 12 (Area #2) Billing & Ready to Serve Chg $34.54 $38.34/qtr Water Usage Rate Residential Tier 1 (0-10,000 gal) $3.09 $3.43/1000 gal Tier 2 (11-25,000 gal) $3.87 4.30/1000 gal Tier 3 (>25,000 gal) $5.81 $6.45/1000 gal Multi Family Tier 1 (0-50,000 gal) $3.09 $3.43/1000 gal Tier 2 (51-150,000 gal) $3.87 $4.30/1000 gal Tier 3 (>150,000 gal) $5.81 $6.45/1000 gal Commercial Tier 1 (0-50,000 gal) $3.09 $3.43/1000 gal Tier 2 (51-150,000 gal) $3.87 $4.30/1000 gal Tier 3 (>150,000 gal) $5.81 $6.45/1000 gal Unconnected Property Chg $31.12 $38.34/qtr ready to serve/hydrant chg) 20165 Fee Schedule-Page 27 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Applicable Application Type Fee Code Section Highway 12 Area (Area #2) Billing & Ready to Serve Chg $34.54/qtr Water Usage Rate Residential Tier 1 (0-10,000 gal) $3.09/1000 gal Tier 2 (11-25,000 gal) $3.87/1000 gal Tier 3 (>25,000 gal) $5.81/1000 gal Multi Family Tier 1 (0-50,000 gal) $3.09/1000 gal Tier 2 (51-150,000 gal) $3.87/1000 gal Tier 3 (>150,000 gal) $5.81/1000 gal Commercial Tier 1 (0-50,000 gal) $3.09/1000 gal Tier 2 (51-150,000 gal) $3.87/1000 gal Tier 3 (>150,000 gal) $5.81/1000 gal MUNICIPAL WATER RATES Chevy Chase Area (Area #3) Billing & Ready to Serve Chg $20.09 $22.30 $24.75/qtr Water Usage Rate Residential Tier 1 (0-15,000 gal) $3.05 $3.43/1000 gal Tier 2 (16-25,000 gal) $3.87 $4.30/1000 gal Tier 3 (>25,000 gal) $5.81 $6.45/1000 gal Federally Mandated Safe Drinking Water $ 6.36 per year on second quarter billing Res. #5492 Testing Program (Charged per service connection) Quarterly Service Charge for Non-Functioning $ 50.00 Ord. 218, 2nd Series or Inaccessible Water Meter Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Water Usage Rate $3.12/1000 gallons Billing $36.58 Bulk sale - All Others - $25.00 per location plus area rate per/1,000 gallons. i.e. Fill swimming pool or watering sod. 20165 Fee Schedule-Page 28 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Applicable Application Type Fee Code Section Penalty for late payment of sewer/water bills - 8% after 30 days from billing date (applied to the total unpaid balance). Interest at 8% on unpaid water/sewer bills certified. Charge for Unpaid Accounts Certified for Assessment $ 25.00 Water Turn-On $ 25.00 Minimum Water Turn-off $ 25.00 Minimum Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost MUNICIPAL STORM WATER UTILITY RATES Sec. 14-251 thru 14-287 The basic intent of storm water regulations is to minimize the impact of development on natural drainage systems. Any development in an area will change the natural conditions by increasing the total volume of runoff and the level of pollutant loading. The storm water utility provides dedicated funds to operate, maintain, manage, construct or reconstruct the municipal storm water drainage system. Residential properties will be charged one residential unit fee for each residential unit on the property. Non-residential properties will be charged the appropriate number of residential unit fees based on the “Residential Equivalent Factor” for the property. One residential unit: $17.42 $18.29/per quarter Res. #5911 Non-residential unit: Based on “Residential Equivalent Factor” RECYCLING CHARGE $31.81 $34.99/year Res. 3011 Recycling Cart from Waste Management No Charge SUMP PUMP SURCHARGE $100.00 per month Sec. 14-189 2015 2016 Fee Schedule-Page 29 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Applicable Application Type Fee 2016 Code Section GOLF COURSE FEES - Effective Date: 2 2016 Season MONDAY THRU SUNDAY RATES Individual (Regular) $ 16.00 Juniors (18 years or younger) $ 10.00 Seniors (60 years or older) $ 13.00 Second Round (Mon-Sun) $ 8.00 SEASON PASS RATES (Unlimited Play) Individual Season Pass $425.00 Junior Season Pass (18 years or younger) $260.00 Senior Season Pass (60 years or older) $325.00 Family Season Pass $560.00 (Entire Family*) * Family meaning: Immediate family living in the same household. Children must be 18 years old or younger. GOLF CART RENTAL RATES Motorized Cart Rental/Per Round $ 20.00 Pull Carts/Per Round $ 3.00 Golf Clubs/Per Round $ 3.00 FALL RATES (Begins 1st Monday of October) 1st Nine Holes Fall $ 10.00 2nd Nine Holes Fall $ 5.00 Junior Fall (18 years or younger) $ 8.00 Senior Fall (60 years or older) $ 8.00 Motorized Cart Rental Fall (Per Round) $ 11.00 CONCESSION RATES As Posted 2015 2016 Fee Schedule-Page 30 PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES (CONT.) Applicable Application Type Fee Code Section PUBLIC WORKS SUPPLIES & SERVICES Address Change Request by Owner $ 50.00 per address Driveway Culverts On Quote Basis (sale only, not installed) Driveway/Curb-Cut Permits Individual Driveways $50.00/permit New Street Intersections (See zoning section - Special improvement fees) Elevated Antenna Tower Lease (includes 10’x10’ area if available) 1-5 Antennas $21,000 annually 6-10 Antennas $350/antenna/month More than 10 Antennas $375/antenna/month No Parking Signs (temporary without lath) $ 1.00 each On-Call Service to Other Cities Base On-Call Fee $50/day Call-Out Fee Based on actual wage and equipment rental rates Street or Traffic Signs $100.00/std. sign (sale includes installation) Water Meter Sales (See Building Permit Section) Wetland Buffer Signs $ 8.00 2015 2016 Fee Schedule-Page 31 ADMINISTRATIVE OFFENSE FEES (POLICE DEPARTMENT ADMINISTERED) Applicable Code or Application Type Fee MN State Statue (MSS) Number Traffic/Vehicle Offenses Unsafe Operation $60 66-259 Unreasonable Acceleration $60 66-258 Exhibition Driving $60 66-7 Failure to Obey Traffic Control $60 169.06 MSS Expired Registration $60 169.79 MSS Unsafe Equipment $60 169.47 MSS Loud Exhaust $60 169.69 MSS No Driver License in Possession $60 171.08 MSS Failure to Change Address on DL $60 171.11 MSS Driving to Avoid Traffic Signal $60 66-5 Snowmobile Violations Operation $60 66-159 Equipment $60 66-160 Hours of Operation $60 66-159 Animals Dog at Large $60 62-104 Animal License Required $60 62-131 Feces Clean Up $60 22-95 & 22-114 Barking Dog $60 62-10 Public Nuisances Public Nuisance/General Prohibition $60 70-4 Peace and Safety Violation $60 70-166 Discharge of Firearm $60 70-97 Open Burning No Permit $60 58-186 Negligent Burning $60 58-193 No Open Burning $60 58-193 Noise Loud Noise Prohibited $60 58-120 Park Violations Hours of Operation $60 22-89 Operating a Motor Vehicle Within Park $60 22-92 Signs Violations Violation of General Provisions $60 18-4 2015 2016 Fee Schedule-Page 32 ADMINISTRATIVE OFFENSE FEES (POLICE DEPARTMENT ADMINISTERED), Continued Applicable Code or Application Type Fee MN State Statue (MSS) Number Juvenile Curfew $60 70-274 Possession of Tobacco $60 609.685 Sub 3 MSS Seasonal Overweight Vehicles 1,000-9,999 lbs overweight .15 cents per lb over 169.824 Sub 1 MSS Parking General $25 66-78 Seasonal 0200-0600 On $25 66-80 Street Prohibited Handicapped $60 66-85 Fire Lane $25 46-85 Miscellaneous Watering Restrictions $60 610.50 Sub 15 MSS Placing Snow on Street $25 18-5 2015 2016 Fee Schedule-Page 33 SECTION 3. This ordinance establishing the 2016 Fee Schedule shall be published as a Summary Ordinance in The Laker and The Pioneer newspapers and shall be effective upon publication. Adopted by the City Council of the City of Orono on this 23rd day of November 14th day of December 2015 with a vote of _____ayes and ____ nayes. ATTEST: _______________________________________________ _______________________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Summary Ordinance to be published in The Laker and The Pioneer newspapers the week of . 2015 2016 Fee Schedule-Page 34 INDEX FOR 2015 FEE SCHEDULE A Address Book .............................................................. 20 Address Change .......................................................... 29 Administration Document Copies ............................. 20 Administrative Offense Fees (Police) ..)...…………..30- 31 After-The-Fact Fees ...................................................... 4 Amusement Devices .................................................... 22 Animal Impound Fees ................................................ 21 Animals at Large ........................................................ 21 Antenna Lease ............................................................. 29 Appeal of Administrative Decision .............................. 3 Assessment Search ...................................................... 20 Audio CD (PD) ............................................................ 24 B Beer, Wine & Liquor License .................................... 22 Building Permit Fees .................................................... 7 Building Plan Copies .................................................. 20 Burning Permits ......................................................... 18 C Canoe Rental Slip ....................................................... 19 Canopy/Tent Permit ..................................................... 7 CD (Information copied to CD) ................................. 20 Certificate of Occupancy .............................................. 7 Code Book Copies ....................................................... 19 Commercial Site Plan Review ...................................... 2 Commercial Marina License...................................... 19 Comprehensive Plan Amendment ............................... 2 Comprehensive Guide Plan Copies ........................... 19 Conditional Use Permit Fees ........................................ 1 Connection Charges .............................................. 10-16 Contractual Inspection Service.................................. 18 Copy Charges - Administration................................. 20 Copy Service - Police Dept ......................................... 24 Culverts ....................................................................... 29 D Dance License.............................................................. 22 Demolition Permit Fee .................................................. 7 Docks - Commercial ..................................................... 7 Docks - Residential ....................................................... 7 Dog License ................................................................. 21 Dogs at Large .............................................................. 21 Driver's License Record ............................................. 24 Driveway/Curb Cut Permits ...................................... 29 Driveway Culverts ...................................................... 29 Duplicate Dog License ................................................ 21 DVD (Information copied to DVD) ............................ 20 E Easement Creation ........................................................ 3 Easement Vacation ........................................................ 3 Electronic Labels ......................................................... 21 Encroachment Permit/Agreement…………………...7 Escrow .................................................................... 1, 7, 8 F False Alarm User Fees ................................................ 23 Fingerprinting (Police) ............................................... 23 Firearms Storage ......................................................... 24 Fire Alarm Permit ....................................................... 18 Fire Protection ............................................................. 18 Fire Sprinkler Permit ................................................. 18 Firearms Discharge Permit ........................................ 23 Firearms Storage …………………………………….24 Fireworks Permit Fee ................................................. 22 G Gambling/Raffle Investigation ................................... 20 Garbage Haulers License ........................................... 19 General Permits ........................................................ 7-8 Golf Course Fees .................................................. 28-29 Grading, Excavating, Filling ................................ 1, 7, 8 H Home Occupation License .......................................... 19 I Impound Fees .............................................................. 21 Information Provided on CD/DVD ............................ 20 Industrial Revenue Bond Appl..................................... 4 Inspections ................................................................... 18 J Joint Use Dock License ............................................... 19 K Kennel License ............................................................ 21 Kitchen Fire Extinguishing System ........................... 18 L Labels from Utility Billing .......................................... 21 Land Alteration ......................................................... 1, 7 Large Assembly Permit .............................................. 22 Lawn Sprinkler System ............................................. 18 Licenses .................................................................. 19-23 Limited Trapping Permit ........................................... 23 Liquor Licenses ........................................................... 22 Listing Info - Realtors ............................................... 20 M Mail In Postage and Handling ................................... 20 Maps For Sale ............................................................. 20 Marina Licenses .......................................................... 19 Massage Therapy License .......................................... 20 Mechanical Permit Fees ............................................... 8 Municipal Water Annual Service Charge ................ 25 Municipal Code Copies .............................................. 19 Municipal Water Connection Charge ....................... 15 Municipal Connection Permits (Sewer/Water/SAC) . 9 Municipal Sewer Annual Service Charge ................. 25 N No Parking Signs .................................................. 24, 29 Noise Exemption Permit ............................................ 23 O On-Call Service to Other Cities ................................. 29 On-Site Systems (Septic) ............................................ 17 Ordinance Copy .......................................................... 20 Outhouse Construction (See On-Site Systems) ........ 17 Oversized Document Reprint .................................... 20 P Parades Permit ........................................................... 23 Park Dedication Fees .................................................... 6 Peddler/Transient Merchant License ........................ 20 Photos .......................................................................... 24 Plumbing Permit ........................................................... 8 Police Reserve Officers ………………………………23 Police Special Services ............................................... 23 Public Dance License .................................................. 22 Public Works Supplies & Services ............................ 29 PUD Rezoning ............................................................... 2 R Raffle License .............................................................. 20 Recycling Charge ........................................................ 27 Recycling Carts ........................................................... 27 Reprint Oversized Documents On Microfilm .......... 20 Retaining Walls ............................................................. 7 Returned Check Charge ............................................ 21 Rezoning Application Fee ............................................ 2 Rip Rap Application Fee .............................................. 3 2015 2016 Fee Schedule-Page 35 S Sanitary Sewer Connection Charge ........................ 10 Septic Annual Service Charge ................................. 17 Septic System Permits .............................................. 17 SAC (Sewer Availability Charge) .............................. 9 Sewer Connection Charges ................................. 10-14 Sewer Connection Permit Fees .................................. 9 Sewer Projects (1963-1973) ...................................... 10 Sewer Projects (1980-1992) ...................................... 11 Sewer Projects (1997-2003) ...................................... 12 Sewer Projects (2004-2010) ...................................... 13 Sewer Projects (Lift Stations) .................................. 14 Sewer Rates ............................................................... 25 Signs ............................................................... 17, 24, 29 Sketch Plan .................................................................. 2 Special Event Permits ............................................... 23 Special Improvements Application ........................... 3 Special Inspection Charges ...................................... 18 Special Assessment Searches ................................... 20 Sprinkler Systems - Commercial and Lawn ........... 18 Stairway to Lake ......................................................... 8 Stormwater/Drainage Trunk Fees ............................ 6 Stormwater Utility Rates ......................................... 27 Street Address Book ................................................. 20 Street Signs (Public Works) ..................................... 29 Subdivision Application Fee ...................................... 2 Sump Pump Surcharge ............................................ 27 Surcharge for Staff Expense ...................................... 4 T Temp. "No Parking" (P.W.) Signs .......................... 29 Temp. "No Parking" (P.D.) Signs ........................... 24 Temporary & Permanent Signs............................... 17 Temporary Trailer/Building ................................... 19 Tent/Canopy Permit ................................................... 7 Tobacco License ........................................................ 20 Topographic Information ........................................ 20 Traffic Signs .............................................................. 29 Transient Merchant License .................................... 20 Trapping Permit ....................................................... 23 Tree Removal .............................................................. 8 U Underground Tank Removal ....................................... 8 Unit Adjustment Connection Charge ....................... 16 Unpaid Accounts ....................................................... 27 Use of Public Property ............................................... 23 Utility Projects ............................................................ 14 Utility Rate Annual Service Charge .................... 17, 25 V Vacation Application Fees ........................................... 3 Variance Application Fees ........................................... 1 Vehicle Storage Permit............................................... 17 Video DVD (PD) ......................................................... 24 W Water Connection Permit Fee ..................................... 9 Water, Water Meter & Horn Fees .............................. 9 Water Connection Charge ......................................... 15 Water Projects ............................................................ 15 Water Rates ........................................................... 25-26 Water Turn-Off Charge............................................. 27 Water Turn-On Charge ............................................. 27 Wheel Kits for Recycling Bins ................................... 27 Z Zoning Amendments .................................................... 2 Zoning Document Copies ........................................... 19 Zoning Permits ............................................................. 7 Page 1 of 1 SUMMARY OF ORDINANCE NUMBER , THIRD SERIES ORDINANCE NO. , THIRD SERIES AN ORDINANCE ADOPTING THE 2015 FEE SCHEDULE AND REPEALING ORDINANCE NO. 145, THIRD SERIES NOTICE IS HEREBY GIVEN that on December 14, 2015, Ordinance No. , Third Series was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that because of the lengthy nature of Ordinance No. , Third Series, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council repeals Ordinance No. 145, Third Series (2015 Fee Schedule) and sets fees for Municipal Sewer, Water, Recycling, and Storm Water Rates, Commercial Site Plan Review, Storm Water and Drainage Trunk Fees, Building Permit, Municipal Connection Fees, Connection to Sewer System in Adjacent City, Sewer and Utility Projects, Signs, Fence Viewer Fees, and Golf Rates to be effective during the calendar year 2016. A printed copy of the 2016 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during the City’s regular office hours and on the Orono City website at www.ci.orono.mn.us. APPROVED & ADOPTED for publication by the City Council of the City of Orono, Minnesota this 14th day of December, 2015. ATTEST: _____________________________________ ___________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Published in The Laker and The Pioneer newspapers the week of December 19, 2015. REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 6 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______________________________________________________________________________ Item Description: 2016 Public Works Plan ______________________________________________________________________________ List of Exhibits A: 2016 Public Works Plan B-G: Engineer proposals, Bolton and Menk 1. Purpose. The purpose of this item is to gain Council approval of the 2016 Public Works Plan and associated engineering proposals. 2. Background. The 2016 Public Works Plan is an effort to improve the planning and budgeting of Public Works and Engineering activities for the City of Orono. The intent of the plan is to: a. Provide an increased level of detail and refinement on those items from the Capital Improvement plan (CIP) that are scheduled for the upcoming calendar and fiscal year. b. Improve the coordination/timing of projects. c. Provide City Council a comprehensive list of work for approval early in the year in conjunction with the CIP and Budget approvals. d. Ensure that the Public Works and Engineering Department’s priorities and work items are meeting Council intent and direction. e. Identify items for planning and engineering the year prior to their execution. 3. 2016 Public Works Plan. The 2016 Public Works plan is attached as Exhibit A. Upon approval, the public works and engineering staff will begin executing the plan. Many of the projects will require further Council action for design approvals and/or award of contracts. A timeline for these actions is included as part of the attached plan. 4. Engineer Proposals. Bolton and Menk has prepared proposals for the Engineering and planning of projects in support of the 2016 Public Works plan. (Exhibits B-H) Project Exhibit Proposal (Not to Exceed) Monitoring and Alarm Upgrade (SCADA-Water & Sewer) B $ 13,700 Well#1 Maintenance / Rehabilitation C $ 3,800 Well #4 Design D $ 23,250 2016 CIPP E $ 7,900 Brown Road Trail Rehabilitation F $ 5,300 Fox Street Feasibility Study G $ 24,000 COUNCIL ACTION REQUESTED: Motion to approve the 2016 Public Works Plan and associated engineer proposals. REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 7 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards JML Public Works Director/ Title Public Works Director City Engineer’s Report Item Description: Traffic Management Policy List of Exhibits A- Proposed Traffic Management Policy References. Blaine Neighborhood Traffic Management Program, Dated September 22, 2014 City of Plymouth Neighborhood Traffic Calming Program, Dated July 9, 2002 Wayzata Speed Hump Policy, Dated September 20, 2005. Effective Traffic Calming Application and Implementation, LLRB report 1999-01 Minnesota Manual on Uniform Traffic Control Devices (MNMUTCD) 1. Purpose. The purpose of this council action is to seek City Council to adopt a Traffic Management Policy. 2. Background. City Staff and Council Members are routinely approached by residents requesting changes to their streets. Recent requests have include speed limit reductions, speed bump installation, designation of no parking areas, installation of street lighting, and installation of various signs. However, without a policy on how to handle these requests they have all been dealt with slightly differently. In order to better respond to residents, a mechanism to better understand issues and allow for consistent application across the community the City should establish a traffic management policy. Many of our fellow Minnesota cities have such policies and programs. These policies and programs vary from individual policies for individual items (e.g. –speed humps) to more comprehensive polies dealing with all traffic management related issues. Council reviewed and provided feedback on the draft policy at the September 28th Council Work Session. 3. Policy Purpose. The purpose of the policy will be to provide a systematic process for the City to address traffic concerns from residents through a consistently applying City Code and other applicable laws and regulations while incorporating a wide variety of traffic management techniques. 4. Policy Scope. This policy provides procedures and guidelines for the following traffic relates items: a. Traffic Calming b. Speed limit changes c. Street Signs d. Street lights e. Parking Restrictions COUNCIL ACTION REQUESTED: Motion to adopt the Traffic Management Policy REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 8 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards JML Public Works Director/ Title Public Works Director City Engineer’s Report Item Description: Asset Management System List of Exhibits A- Cartegraph proposal 1. Purpose. The purpose of this action item is to gain approval to implement an Asset Management Systems and in particular to solicit proposals of the same. 2. Background. Currently the City does not have a modern coherent system for tracking our assets, managing work flow or prioritizing needs for budgeting decisions. The City’s asset records are kept in multiple repositories including old file cabinets, numerous spreadsheets on different servers, and in the brains of long term employees. The City has invested considerable monetary resources into the City’s services (Sewer, water, roads, storm sewers, parks and city equipment). On October 26, 2015 Council authorized public works to solicit proposals from asset management software companies. 3. Asset Management. “Asset Management is maintaining a desired level of service for what you want your assets to provide at the lowest life cycle cost. Lowest life cycle cost refers to the best appropriate cost for rehabilitating, repairing or replacing an asset. Asset management is implemented through an asset management program.” US EPA Published Document 816-F-08- 014 – April 2008. Asset Management Systems emphasize life of asset cost, recognizing that properly maintained assets will last longer and therefore costing less money. a. Benefits. Information Management Centralize information and eliminate dependence on institutional knowledge. Efficiency Streamline workflow and eliminate inefficiencies making staff more efficient & accountable. Budgeting Track s the true cost of infrastructure leading to more efficient planning and use of dollars. Service Level Promotes a proactive verse reactive model by identification of critical assets allowing prioritization of needs resulting in an increased and sustainable expected level of service. b. Features. We will be looking to implement an asset management system with the following features/ capabilities: Monitor, maintain and manage assets Generate work requests / work orders Associate work orders to assets Associate and track labor, materials and equipment costs to assets Spatially map assets in GIS Easily generate the standard and customizable reports Simple and mobile interface for ease of employee use Modular system that can be expended or reduced to meet city needs 3. Proposals. The City received two proposals from asset management system providers. The proposals are broken down in the implementation cost and the annual licensing and support cost. Company Implementation Cost Annual licensing and Support Cost Cartegraph, Inc $ 20,790 $ 10,200 City Works $ 30,000 $ 15,000 4. Cost. Item Provider When Cost Implementation and year one Licensing Cartegraph 2016 $30,990 Annual Licensing, hosting and support for year two and beyond. Cartegraph 2017- $10,200 5. Funding. The implementation of this project will be funded through the Sanitary Sewer, Water, and Storm Water Enterprise Funds and the annual licensing fees would be distributed amongst the operating budgets for streets, water, sewer, storm water, and parks. 6. Timing. The proposed project timeline is as follows: November 2014 Initiated research into asset management systems December 2014- June 2015 Solicited presentations for leading providers: City Works, Cartegraph, Pitney Bowles and Beehive October 2015 Council direction/approval November 2015 Solicit Asset Management Proposal 14 December 2015 Select Contractor for asset management implementation January 2016 Begin implementation and training March 2016 Initial system implementation and training complete. June-September 2016 Additional asset attribute population COUNCIL ACTION REQUESTED: Motion to enter into a purchase agreement with Cartegraph systems, Inc for an asset management system. 1 Cartegraph_MPA 04-2013 Cartegraph Master Agreement Agreement No. #MA159 This Agreement is by and between Cartegraph Systems, Inc., an Iowa corporation having its principal place of business at 3600 Digital Drive, Dubuque, Iowa, 52003 (“Cartegraph”), and City of Orono (“Customer”) with an address of 2750 Kelley Parkway, Orono, MN 55356 dated November 5, 2015. This Agreement is intended to serve as the primary controlling agreement between the parties. This Agreement includes the following terms and conditions, as well as all Exhibits and Addendums to this Agreement, Purchase Agreements, and all other future agreements referencing this Agreement which Cartegraph and Customer may execute from time to time for the purchase of Software, Support, Services and Hosting. Collectively these are referred to as “Products”. The terms and conditions herein provided shall be controlling as between Cartegraph and Customer unless specifically superseded by an Exhibit to this Agreement, a contemporaneously or subsequently executed Purchase Agreement, or any other contemporaneously or subsequently executed agreement specifically referencing this Agreement. BY EXECUTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS AND CONDITIONS ON THE FOLLOWING PAGES IN ADDITION TO ANY EXHIBITS AND PURCHASE AGREEMENTS AND CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT. Cartegraph Systems, Inc. City of Orono By (Signature) By (Signature) Randy L. Skemp (Type or print name) (Type or print name) Title Executive Vice President/CRO Title Date Date 2 Cartegraph_MPA 04-2013 The following are the terms and conditions under which Cartegraph licenses its Software and provides Support, Services and Hosting as listed in the Exhibits and Purchase Agreements referencing this Agreement. 1. Grant of License to Software. A. Cartegraph is licensed by third parties (“Third Party Licensors”) to sublicense certain third party software products to Customer and to offer services to Customer for these third party software products under this Agreement. B. Each Software product, including all data programs or set of programs, or routines and subroutines, consisting of a series of instructions or statements in machine readable form, and including any documentation relating to or describing such Software, such as, but not limited to manuals, online documentation and user instructions, flow charts, database schemas and improvements or updates provided by Cartegraph (collectively ”Software”), is furnished to Customer under a personal, non-exclusive, nontransferable limited license solely for Customer’s own internal use on Host Computer System (as defined below) and with Customer’s Clients. 1. Host Computer Systems, if applicable, are Servers owned or controlled by Cartegraph that Customer may access under this Agreement (the provision of this service is herein referred to as “Hosted” or “Hosting”). 2. Servers are personal computers, minicomputers, mainframes, workstations, and terminal devices that interact with Client Software and have been approved by Cartegraph or Third Party Licensors for operation of Software . 3. Server Software is a copy of Software residing on a server, multiple servers, or a Host Computer System. 4. Clients are personal computers, minicomputers, mainframes, workstations, mobile devices, and terminal devices that interact with Server Software and have been approved by Cartegraph or Third Party Licensors for operation of Software. 5. Client Software is a copy of Software residing on a Client that interacts with Server Software. 6. Data Files are those files which contain data that is input by the Customer during the use of the Software. C. Customer agrees that the number of users licensed will be listed in the Purchase Agreement and only that number of users may use the Software at any given time. 1. If Customer has purchased a Per-User License, as indicated in the Purchase Agreement, only a finite number of licenses have been purchased by Customer and only that finite number of users may access and use the Software at any given time. The specific number of licenses purchased shall be identified in the Purchase Agreement. 2. If Customer has purchased an Unlimited License, as indicated in the Purchase Agreement, all employees of Customer are considered to be licensed to access and use the Software at any given time. Such Unlimited License applies only to employees of Customer and does not allow the access or use of the Software by any independent contractors, affiliated entities or organizations, or any other individual, party, or entity that is not an employee of Customer. D. Customer agrees the Software license for the Software is limited as follows: 1. Browser Based User – Each browser based user is defined by unique ID and password. 2. For Server Software – one copy of Server Software for each Server or, if Hosted, no copies of Server Software for a Server that is not a Host Computer System. E. Customer agrees that this license does not permit Customer to: (1) use the Software for a service bureau application or (2) sublicense the Software. F. Except as set forth in this Agreement or as may be permitted in writing by Third Party Licensors, Customer shall not use, provide or otherwise make available the Software or any part or copies t hereof to any third party. G. Customer shall not, and shall not permit others to: 1. Reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from the Software; 2. Modify, translate, adapt, alter, or create derivative works from the Software; 3. Copy, (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Software; or 4. Distribute, sublicense, rent, lease, loan (or grant any third party access to or use of) the Software to any third party. H. Customer may make copies of the Client Software for archival purposes. The Server Software may not be copied, in whole or in part. 2. Title to Software and Data Files. 3 Cartegraph_MPA 04-2013 A. Ownership of the Software, any portions thereof and any modifications, trans lations, or derivatives thereof, even if unauthorized, remains with Cartegraph or Third Party Licensors, as do all applicable rights in patents, copyrights and trade secrets and any other proprietary rights in the Software. Software provided hereunder is valuable, proprietary and unique, and Customer agrees to be bound by and observe the proprietary nature thereof as provided herein. B. Customer acknowledges that unauthorized reproduction, use, or disclosure of the Software or any part thereof may cause irreparable injury to Cartegraph or Third Party Licensors, who may therefore be entitled to injunctive relief to enforce these license restrictions, in addition to any other remedies available at law, in equity, or under this Agreement. C. Customer agrees that Cartegraph or Third Party Licensors may audit Customer’s Software usage remotely or on-site during Support, Services or Hosting or upon reasonable notice and during standard business hours. Prevention of audit by Customer may be grounds for termination of thi s Agreement. D. Cartegraph agrees that ownership of data in Data Files remains with Customer. However, Customer agrees that Cartegraph may access Data Files and grants Cartegraph a license to use the data for 1) internal business purposes to evaluate the use and operation of the Software, Support, Services or Hosting; and 2) marketing purposes provided that any information shared with third parties is anonymized and/or aggregated so that Customer cannot be identified from the information. 3. License Fees, Support Charges, Services and Hosting Charges. A. Customer agrees to pay the license fees for the Software, Support charges, Services charges and Hosting charges as set forth in the Purchase Agreement for each Product. B. Cartegraph agrees that the total amount listed in the Purchase Agreement shall be considered the not-to-exceed price for the Software, Support, Services and Hosting included in that Purchase Agreement. Hosting includes 20G of available file storage. If additional storage is required, the Customer can purchase in 10G increments C. Customer agrees that all payments are due 30 days from date of invoice and Customer shall be in default if amounts due have not been received in that time period. Customer’s default will constitute sufficient cause for Carteg raph to suspend or terminate the Software license, Support, Services and Hosting under this Agreement. D. Customer shall be invoiced for Software, Support, Hosting and hardware upon delivery. Customer shall be invoiced for Services as set forth in the Purchase Agreement. E. Customer shall reimburse Cartegraph for reasonable expenses incurred during the provision of Support, Services or Hosting. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. Estimated expenses shall be included in each Purchase Agreement and include the number of trips to customer site. Cartegraph shall not exceed the estimated expenses without written approval from Customer. 4. Delivery and Installation. A. On-Site Installation 1. This subsection “A” regarding On-Site Installation shall apply if Customer elects, as indicated in the Purchase Agreement, to have Software and Products installed on Customer’s Servers and Client computers at Customer’s facilities (“On-Site”) instead of utilizing Cartegraph Hosting Services. a. Execution of a Purchase Agreement by Customer shall be considered as Customer’s notification to Cartegraph to proceed with delivery of the Products identified in the Purchase Agreement. b. Delivery of Software and Support shall take place reasonably quickly after execution of the Purchase Agreement. Cartegraph shall provide access to the Software to Customer in a downloadable form. Notification by Cartegraph that Software is available for download shall c onstitute delivery of Software and Support, regardless of when Customer downloads the Software. c. Customer shall be responsible for installation of the Client Software on Customer’s Clients, unless agreed otherwise. d. After execution of the Purchase Agreement, delivery of Services will be scheduled in cooperation with Customer. Customer shall remain responsible for Service charges even if Services are not delivered. e. Any hardware included in the Purchase Agreement shall be ordered after execution of the Purchase Agreement. Delivery of hardware will be scheduled in cooperation with Customer. B. Hosting 1. This subsection “B” regarding Hosting shall apply if Customer elects, as indicated in the Purchase Agreement, to utilize the Hosting services offered by Cartegraph instead of having the Software installed On-Site, as described in the previous subsection. 4 Cartegraph_MPA 04-2013 a. Execution of a Purchase Agreement shall be considered as Customer’s notification to Cartegraph to proceed with delivery of the Software and Services as indicated in the Purchase Agreement. b. Delivery of Software, Support, and Hosting shall take place reasonably quickly after execution of th e Purchase Agreement. Cartegraph shall provide access to the Server Software to Customer on a Host Computer System. Notification by Cartegraph that Server Software is available for access shall constitute delivery of Server Software, Support and Hosting, regardless of when Customer first accesses the Server Software. c. Cartegraph shall be responsible for installation of th e Server Software on Cartegraph’s Host Computer System. Customer shall be responsible for installation of the Client Software on Customer’s Clients, unless agreed otherwise. d. After execution of the Purchase Agreement, delivery of Services will be scheduled in cooperation with Customer. Customer shall remain responsible for Service charges even if Services are not delivered. e. Any hardware included in the Purchase Agreement shall be ordered after execution of the Purchase Agreement. Delivery of hardware will be scheduled in cooperation with Customer. 2. Hosting Services a. Cartegraph will install, and operate Server Software on one or more Host Computer Systems. b. Cartegraph will provide all equipment, software and services necessary for the operation, maintenance and support of one or more Host Computer Systems and the Server Software. Cartegraph may contract with third parties for all or part of such equipment, software and services (“Third Party Hosts”). Cartegraph reserves the right to change the configuration of the Host Computer System and the Server Software and to change or delete such equipment or software at any time, but Cartegraph shall make the Software compatible with such change or deletion without additional charge to Customer. c. Customer shall have access to and be permitted to use the Server Software via Clients. d. Customer shall provide a computing and networking environment that meets the minimum requirements set forth in Cartegraph’s published specifications. e. Customer shall be responsible for all bandwidth between Host Computer System and Clients and in such amounts as to provide reasonable responsiveness of the system. f. Cartegraph shall perform a full back-up of data files on a daily basis. The daily full back -up will be retained for (14) fourteen days and then deleted unless customer contracts for additional days. Cartegraph’s hosting services uses RAID 10 which both mirrors the data and stripes across multiple drives creating redundancy. Cartegraph hosting services have dual redundancy with offsite back-up storage and a back-up data centers g. The Host Computer System shall be used by Customer only for purposes relating to Customer's own use of the Software. Customer shall have no right to assign any of its rights under this section. h. Customer agrees that it shall be bound by the terms and conditions of any agreement between Cartegraph and any Third Party Hosts that relate to the use and operation of Host Computer Systems. Cartegraph will apprise Customer of the terms and conditions of such agreements from time to time. i. Cartegraph will take reasonable precautions to guard against unauthorized access to Data Files. However, Cartegraph assumes no responsibility that the Software will be used properly. j. Customer shall have the right to receive Data Files within sixty (60) days of termination of any Hosting on the condition that customer has paid all outstanding invoices owed to Cartegraph. 3. Availability of Host Computer System. a. If Cartegraph contracts with a Third Party Host to provide Hosting, the service level provided by the Third Party Host shall be the service level provided by Cartegraph to Customer, except as required for Cartegraph to provide Support under this Agreement. b. In general, Server Software will be available for use and access by Customer 24 hours a day, 7 days a week, except for scheduled maintenance to take place at commercially reasonable times. Furthermore, if access to the Server Software becomes a problem, then Cartegraph shall provide Support in view of the severi ty of the problem. c. Server Software will be available for use and access by Customer during back -up activities performed by Cartegraph. 5 Cartegraph_MPA 04-2013 5. Support. A. Scope of Support. Support includes the response to and resolution of Customer-encountered problems with the Software as reported to Cartegraph by Customer. 1. Resolution of Customer-encountered problems shall, at Cartegraph’s option, consist of (1) maintenance provided through telephone, email or remote access; (2) correction of the problem in the Software program; or (3) delivery of bug fixes or workarounds limited to the current or immediate prior Software release. 2. Cartegraph will only support licensed Software located on Servers or Clients. Cartegraph will use commercially reasonable efforts to respond to Customer problems according to the priority level of t he problem. 3. Support may also include upgrades to Software. B. Support Limitations. Any Support is dependent upon the use by Customer of unmodified Software (except as authorized by Cartegraph) operated in accordance with Cartegraph’s documentation. Support specifically excludes the following: (1) Support to a version of Software other than the current or immediate prior release; (2) efforts to restore a release of the Software beyond the current or immediate prior release; (3) efforts to restore a Customer Data File beyond the most recent back-up; and (4) efforts to convert a Customer Data File to another format. As part of Support, Cartegraph is under no obligation to modify the Software so that the modified Software would depart from Cartegraph’s published specifications for the Software. 6. Professional Services. A. The professional consulting services and deliverables to be performed or delivered by Cartegraph under this Agreement may include, but are not limited to: consulting, network engineering, systems integration, hardware installation, special studies, pre-installation support, installation of Client Software, installation support, training, custom Software modification, tools/utilities components, programming and documentation, data conversion, application design and development, systems analysis and design, conversions, implementing planning and implementation of the Software (collectively referred to as the “Services”). B. Services shall only be provided as the result of a Purchase Agreement and any attached statements of work. C. Services will be provided during the hours of 7:00 a.m. to 7:00 p.m., Central Standard or Central Daylight Time, whichever is applicable, Monday through Friday excluding holidays. 7. Customer’s Responsibilities. A. Customer is responsible for maintenance and installation of any Clients, common carrier equipment or communication equipment related to the operation of the Software and not furnished by Cartegraph. Before Customer introduces equipment not within Cartegraph’s published specification, Cartegraph must approve the additional equipment. B. Customer is responsible for charges incurred for communication facilities at Customer’s facilities, whether incurred by Customer or by Cartegraph Support representatives while performing Support on the Software. C. Customer is responsible for performing Software back-ups in accordance with published documentation. D. Customer shall notify Cartegraph of any problem and shall allow Cartegraph reasonable access to the Software for performing Support, Services or Hosting. E. Customer shall furnish Cartegraph, at Customer’s expense, all technical data and information as may be necessary to furnish Support, Services or Hosting. F. Customer shall grant Cartegraph access to Servers and Clients as may be necessary for the adequate delivery of the Support, Services or Hosting. 8. Software Modification. Cartegraph and Third Party Licensors will not be responsible to Customer for loss of use of the Software or data or for any other liabilities arising from alterations, additions, adjustments or repairs which are made to t he Software by Customer or third parties. Cartegraph reserves the right to terminate the Software license, Support, Services or Hosting under this Agreement upon written notice to Customer if any such alteration, addition, adjustment or repair adversely affects Cartegraph’s ability to render Support, Services or Hosting. 9. Term. A. Unless terminated by Cartegraph in accordance with this Agreement, the term of the Software license, Support and Hosting shall begin upon the execution of a Purchase Agreement and shall continue for the period of time identified in that Purchase Agreement. B. Support for any subsequently added components or upgrades shall be either coterminous with the term of Support applicable to the Software initially covered or as otherwise agreed and stated in the Purchase Agreement. C. If Customer elects to purchase Services, then Services shall terminate as agreed in the appropriate Purchase Agreement. 6 Cartegraph_MPA 04-2013 D. Unless otherwise stated in the most recently executed Purchase Agreement, this Agreement and the Purchase Agreement shall automatically renew at the then current rates for a one (1) year term beginning on the first day following the date identified in the Purchase Agreement as the end of the term of this Agreement. Such automatic renewal shall continue after the end of each successive year until a new Purchase Agreement is executed or until Customer or Cartegraph terminate this Agreement as provided for herein. E. If this Agreement and the most recently executed Purchase Agreement are automatically renewed under the terms of the previous paragraph “D”, there shall be an automatic increase of up to five percent (5%) annually to all prices that were in effect during the immediately previous term. F. If Customer wishes not to renew this Agreement, Customer must provide written notice of Customer’s intent not to renew this Agreement at least ninety (90) days prior to the end of the term then in effect. G. Notwithstanding anything to the contrary in this Section, Support, Services and Hosting shall terminate imm ediately upon termination of this Agreement. 10. Termination. A. Notwithstanding the foregoing, Cartegraph shall have the right to terminate this Agreement if Customer fails to pay any and all required license fees, Support charges, Services charges, Hosting charges or otherwise fails to comply with this Agreement or the terms and conditions of any applicable Third Party Licensor agreement. B. Upon expiration of the license term or upon notice of such termination, Customer shall immediately return or destroy the Software and all portions and copies thereof as directed by Cartegraph or Third Party Licensors and, if requested by Cartegraph or Third Party Licensors, shall certify in writing as to the destruction or return of the same. C. Any termination of this Agreement shall automatically terminate Support, Services and Hosting provided under any Purchase Agreement or Statements of Work, unless otherwise agreed. All confidentiality and non-disclosure obligations shall survive any such termination. D. Customer shall have the right to terminate this Agreement, according to the terms provided herein, by returning or destroying the Software and all portions and copies thereof and certifying in writing as to the destruction or return of the same. E. If Customer wishes to terminate this Agreement prior to the end of the term of this Agreement as identified above or in the appropriate Purchase Agreement, Customer must provide Car tegraph with written notice of such intent to terminate at least ninety (90) days prior to such termination. Any such termination by Customer shall subject Customer to the cancellation fee identified below. F. If Customer terminates before the date set in the Purchase Agreement, Customer shall pay a cancellation fee equal to 80% of the remainder of licensing fees, Support charges and Hosting charges due under this Agreement. There shall be no cancellation fee for Services not yet performed. However, no mat ter the reason, Customer’s termination shall not relieve it of the obligation to pay any amounts already due under this Agreement. G. Provided however, if Customer is a governmental entity and Software, Support, Services or Hosting are not funded for future fiscal years under the appropriate legal budgeting process for such governmental entity, Customer may terminate for future fiscal years with the cancellation fee identified in the previous paragraph reduced from 80% to 20%. There shall be no cancellation fee for Services not yet performed. However, no matter the reason, Customer’s termination shall not relieve it of the obligation to pay any amounts already due under this Agreement. H. Cartegraph shall have the right to terminate Hosting, if Hosting services are being provided, by giving at least ninety (90) days written notice that Cartegraph cannot meet its obligations of availability of the Host Computer System. I. In addition to the right of termination provided to Cartegraph under other sections of this Agreement, Cartegraph shall have the right to terminate the Software license, Support, Services and/or Hosting upon the occurrence of any of the following events: 1. Customer’s oldest invoice is ninety (90) days past due. Support hold will be initiated when customer’s oldest invoice is thirty (30) days past due or, 2. Subject to applicable law, the appointment of a receiver, trustee in bankruptcy or similar officer for the equity or assets of Customer, or 3. There is an assignment of this Agreement without the prior written consent of Cartegraph. J. Termination shall not be Cartegraph’s exclusive remedy and termination shall not adversely affect any claim for damages against Customer. 11. Limited Warranty. A. Cartegraph warrants that it has the right to sublicense the Software being licensed hereunder pursuant to the terms provided herein. B. Cartegraph warrants that the Software will conform to Cartegraph’s published specifications until Support ends. 7 Cartegraph_MPA 04-2013 C. Provided that the Software is used in a manner for which it was designed as set forth in the Software, Cartegraph’s sole obligation and liability hereunder for the Software shall be to use reasonable efforts to remedy any substantial non-conformance which is reported to Cartegraph. In the alternative, Cartegraph may refund amounts paid by Customer pursuant to Purchase Agreements for such Software products. D. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE LICENSED HEREUNDER. E. SUPPORT, SERVICES AND HOSTING SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPPORT, SERVICES AND HOSTING PROVIDED UNDER THIS AGREEMENT DO NOT ASSURE THE UNINTERRUPTED OPERATION OF THE SOFTWARE. F. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THE SOFTWARE LICENSE, SUPPORT OR SERVICES. THE REMEDY SET FORTH IN THIS SECTION IS CARTEGRAPH’S SOLE LIABILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, IN LIEU OF ALL OTHERS, FOR ANY BREACH BY CARTEGRAPH OF ITS SOFTWARE, SUPPORT, SERVICES AND HOSTING WARRANTIES HEREUNDER. 12. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW: A. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF DATA, HOWEVER ARISING, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; B. EXCEPT FOR DAMAGES RESULTING FROM BODILY INJURY OR PATENT OR COPYRIGHT INFRINGEMENT, AS DISCUSSED BELOW, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF EITHER PARTY TO THE OTHER UNDER THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY CUSTOMER TO CARTEGRAPH DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING CAUSE TO SUCH LIABILITY. C. If Cartegraph will provide Support or Services at Customer’s location, liability of Cartegraph arising out of bodily injury, shall not in any event exceed the limits of its insurance coverage. 13. Insurance. If Cartegraph will provide Support or Services at Customer’s location, Ca rtegraph will carry commercial general liability insurance with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000 and workers compensation insurance with statutory coverage. Cartegraph agrees to hold harmless and defend Customer and its agents, officials and employees from bodily injury and property damage claims related to or caused by the sole negligence of Cartegraph employees or contractors. 14. U.S. Government Restricted Rights. The Software is commercial software and the Software is provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in paragraph (c)(1)(ii) of t he Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 of subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. 15. Employees and Conflicts of Interest. This Agreement shall not prevent Cartegraph from performing sim ilar services or restrict Cartegraph’s use of the employees or contractors provided under this Agreement. 16. Proprietary Rights and Confidential Information of Cartegraph. A. Certain information and materials supplied by Cartegraph with the Products, such as, without limitation, deliverables, manuals, diagrams, drawings, plans, flowcharts, software, technical processes and formulae, source codes, product designs, sales, costs and other unpublished financial information, product and business plans, usage rates, relationships, projects and data, are Cartegraph’s or Third Party Licensors’ confidential or proprietary trade secrets (the “Confidential Information”) and Cartegraph furnishes them solely to assist Customer in the installation, operation and use of Software. Customer must not reproduce, copy or disclose such Confidential Information except as is reasonable and necessary to properly use Software. Nothing herein shall restrict Customer from complying with its obligations under any law requiring disclosure, but Customer shall give Cartegrap h five days prior notice before any release of Confidential Information. B. Customer acknowledges and agrees that Cartegraph or Third Party Licensors shall suffer irreparable injury not compensable by money damages and therefore shall not have an adequate remedy at law in the event of an unauthorized use of proprietary rights or an unauthorized use or disclosure of any Confidential Information in breach of the provisions of this Agreement. Accordingly, Cartegraph or Third Party Licensors shall be entitled to i njunctive relief to prevent or curtail any such breach, threatened or actual. The foregoing shall be in addition and without prejudice to such rights that Cartegraph or Third Party Licensors may have at law or in equity. 17. Proprietary Information of Customer. A. In order to provide Products under this Agreement, Customer may, from time to time, disclose to Cartegraph certain information respecting Customer’s technical, financial, statistical and personnel data, (hereinafter “Information”). Any 8 Cartegraph_MPA 04-2013 such Information which is submitted in writing to Cartegraph by the Customer and which is clearly and conspicuously marked as confidential shall be protected by Cartegraph against unauthorized disclosure by using the same degree of care and discretion that Cartegraph uses with similar Information which Cartegraph does not want disclosed to third parties. However, Cartegraph shall not be required to protect Information which (a) is or becomes publicly available, (b) is already in Cartegraph’s or its related companies’ possession, (c) is independently developed by Cartegraph outside the scope of this Agreement, or (d) is rightfully obtained from third parties. Cartegraph’s obligations under this Section shall cease immediately upon return to Customer or destruction by Cartegrap h of such Information. B. Cartegraph shall not be required to protect any ideas, concepts, know-how, or techniques relating to data, electronic document processing and image processing developed or resulting from the Information or the Services provided under this Agreement. 18. Infringement Indemnification. A. Cartegraph or Third Party Licensors will defend any action, suit or proceeding brought against Customer if based on a claim that Products infringe any United States patent or copyright of any third party (“Intellectual Property”) provided that Customer promptly notifies Cartegraph or Third Party Licensors immediately and gives Cartegraph or Third Party Licensors full authority, information and assistance for the action’s defense. Cartegraph or Third Party Licen sors will pay all damages and costs awarded therein against Customer, but shall not be responsible for any compromise made without its consent. Cartegraph or Third Party Licensors may, at any time it is concerned over the possibility of such an infringement, at its option and expense, replace or modify Products so that infringement will not exist. In the alternative, Cartegraph may remove a component of Products involved and refund to Customer the price as depreciated by an equal annual amount over five (5) years. B. Cartegraph and Third Party Licensors shall have no liability to Customer if any Intellectual Property infringement or claim thereof is based upon the use of Products in connection or in combination with equipment, devices, or software not supplied by Cartegraph or used in a manner not expressly authorized by this Agreement or in a manner for which Products were not designed, or if the claim of infringement would have been avoided but for Customer’s use of software other than the latest, unmodified release of Software made available to Customer by Cartegraph. C. Customer shall indemnify and hold Cartegraph and Third Party Licensors harmless from any loss, cost or expense suffered or incurred in connection with any claim, suit or proceeding brought against Cartegraph or Third Party Licensors so far as it is based on a claim that the use, sale or licensing of any Products delivered hereunder and modified or altered or combined with any products, device, or software not supplied by Cartegraph hereunder constitutes an infringement because of such modification, alteration or combination. 19. Miscellaneous. A. Taxes. Customer shall pay all taxes, levies and similar governmental charges, however designated, and all liabilities with respect thereto which may be imposed by any jurisdiction, including, without limitation, customs, privilege, excise, sales, use, value-added and property taxes levied or based on gross revenue or operation of this Agreement, except those taxes based upon Cartegraph’s net income. B. Relationship of the Parties: Cartegraph and Customer are independent of each other. This Proposal does not and is not intended to create in any way or manner or for any purpose an employee/employer relationship or a principal - agent relationship. Neither party is authorized to enter into agreements for or on behalf of the other, to create any obligation or responsibility, express or implied, for or on behalf of the other, to accept payment of any obligation due or owed the other, or to accept service of process for the other. Cartegraph is an independent contractor, customarily engaged in the performance of similar services for other parties. C. Attorney’s Fees/Legal Proceedings: In the event of any litigation or other proceeding between the parties relating to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and other reasonable costs incurred in connection therewith and in pursuing collection, appeals and other relief to which that party may be entitled. D. Export. Customer agrees that the Software, Support, Services and Hosting purchased hereunder will not be exported directly or indirectly, separately or as part of any system, without first obtaining a license from the U.S. Department of Commerce or any other appropriate agency of the U.S. Government, as required. E. Assignment. Customer may not assign, voluntarily or by operation of law, any of its rights or obligations in this Agreement except with Cartegraph’s prior written consent. This Agreement will be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. F. Waiver. The parties’ rights and remedies are separate and cumulative. Neither parties’ waiver nor failure to exercise in any respect any right or remedy provided in this Agreement is a waiver of any future right or remedy hereunder. G. Force Majeure. If any cause beyond Cartegraph’s reasonable control prevents Cartegraph from performing under this Agreement by a given date or time, Cartegraph’s performance will be automatically postponed. 9 Cartegraph_MPA 04-2013 H. Choice of Law. Cartegraph agrees that jurisdiction and venue are proper in the state where the Customer has its principal place of business and that the law of the state where the Customer has its principal place of business shall govern any litigation that results from this Agreement. I. Severability. The invalidity of any provision of this Agreement will not affect the validity and binding effect of any other provision. J. Notice. Notices hereunder must be sent to the addresses on the face of this Agreeme nt, or to such other addresses as specified by a notice complying with this provision. Notice is effective on the earlier of actual receipt or five days after deposit in the mail. Notices in the form of a fax or email are acceptable. Notices must be sent t o the attention of the person signing on behalf of the party. K. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Cartegraph and Customer. This Agreement is not an acceptance of any conflicting terms and conditions and will prevail over any conflicting Customer’s terms and conditions. Notwithstanding the foregoing, Customer agrees and acknowledges that the license(s) granted hereunde r to Customer may be subject to additional terms and conditions of certain Third Party Licensors, which terms and conditions may be subject to change from time to time without notice at the sole discretion of such Third Party Licensors. A current copy of all such Third Party Licensor terms and conditions can be found at http://www.cartegraph.com/privacy-policy/#third-party-licenses. L. Amendment. Only a writing executed by authorized representatives of the parties and referenced as an amendment to this Agreement may modify, supplement, or change this Agreement. M. Customer gives Cartegraph permission to use customer’s organization name and/or logo for promotional purposes, including, but not limited to industry announcements, public press releases, and customer stories . Page 1 of 3 Purchase Agreement Cartegraph is pleased to present this Purchase Agreement for the implementation of world class technology solutions. This Purchase Agreement is made and entered into between City of Orono (hereinafter referred to as “Customer” or “Licensee” and Cartegraph Systems, Inc. (hereinafter referred to as “Cartegraph”). This Purchase Agreement is intended to supplement, clarify, and amend the Master Agreement previously executed between Cartegraph and Customer. In the case that any terms or conditions provided in the Master agreement differ from, are provided in more detail by, or are made irrelevant by the terms and conditions provided in this Purchase Agreement, the terms in this Purchase Agreement shall control. For all terms and conditions not addressed by this Purchase Agreement, the Master Agreement, #MA159 dated November 5, 2015 shall control. Customer Bill To: Customer Ship To: Adam Edwards City of Orono 2750 Kelley Parkway Orono, MN 55356 952-249-4661 Same Investment Summary Cartegraph’s proposed fees for this project are included in the summary below. Date: November 5, 2015 Purchase Agreement Expiration Date: January 2, 2016 Purchase Agreement No.: #PA230 Purchase Type Citizen/Qty. Unit Price Total Price YEAR 1 SOFTWARE PRODUCTS Cartegraph OMS – Platform - Enterprise Per-citizen Subscription, Cartegraph Cloud Deployment 8,000 $0.50 $4,000.00 Cartegraph OMS – Hosting Cartegraph Cloud Shared Hosting Subscription, Included in Enterprise 1 $0.00 $0.00 Cartegraph OMS Extension Advanced Asset Management per- citizen Subscription 8,000 $0.15 $1,200.00 Cartegraph OMS Users User Pack Subscription – 5 Named Users 2 $2,500.00 5,000.00 FIELD SERVICES Implementation Services Fixed Fee Service 1 $23,100.00 $23,100.00 Discount ($2,310.00) YEAR 1 SUB-TOTAL $30,990.00 Page 2 of 3 YEAR 2 SOFTWARE PRODUCTS Cartegraph OMS – Platform - Enterprise Per-citizen Subscription, Cartegraph Cloud Deployment 8,000 $0.50 $4,000.00 Cartegraph OMS – Hosting Cartegraph Cloud Shared Hosting Subscription, Included in Enterprise 1 $0.00 $0.00 Cartegraph OMS Extension Advanced Asset Management per- citizen Subscription 8,000 $0.15 $1,200.00 Cartegraph OMS Users User Pack Subscription – 5 Named Users 2 $2,500.00 5,000.00 YEAR 2 SUB-TOTAL $10,200.00 YEAR 3 SOFTWARE PRODUCTS Cartegraph OMS – Platform - Enterprise Per-citizen Subscription, Cartegraph Cloud Deployment 8,000 $0.50 $4,000.00 Cartegraph OMS – Hosting Cartegraph Cloud Shared Hosting Subscription, Included in Enterprise 1 $0.00 $0.00 Cartegraph OMS Extension Advanced Asset Management per- citizen Subscription 8,000 $0.15 $1,200.00 Cartegraph OMS Users User Pack Subscription – 5 Named Users 2 $2,500.00 5,000.00 YEAR 3 SUB-TOTAL $10,200.00 TOTAL COST (3-YEAR TERM) $51,390.00 Page 3 of 3 Payment Terms and Conditions In consideration for the Services and Products provided by Cartegraph to Customer, Customer agrees to pay Cartegraph Software Costs and Professional Service Fees in U.S. Dollars as described below: 1. Delivery: Software Products shall be licensed upon acceptance of this Purchase Agreement. If applicable, Services will be scheduled and delivered upon your acceptance of this Purchase Agreement, which will be considered as your notification to proceed. 2. Services Scheduling: Customer agrees to work with Cartegraph to schedule Services in a timely manner. All undelivered Services shall expire 365 days from the signing of this Purchase Agreement. 3. Software Invoicing: The Software Subscription Licenses fee will be due in annual installments 15 days prior to the anniversary of the initial term as follows: a. $10,200.00 due upon execution of the Purchase Agreement. b. $10,200.00 due 15 days prior to 1st year anniversary of term start date. c. $10,200.00 due 15 days prior to 2nd year anniversary of term start date. 4. Field Services Invoicing: Invoicing for the Field Services fee shall occur upon the acceptance of this Purchase Agreement and shall be invoiced as follows: a. Invoicing for the Field Services shall be 50% upon execution of the Purchase Agreement and the remaining 50%, 2 months from execution of Purchase Agreement, whichever is sooner. 5. Expenses: In providing the services included in this Purchase Agreement, Cartegraph shall be reimbursed for any reasonable out-of-pocket costs, including, but not limited to, travel, lodging, and meals. Out -of-pocket expenses are billed based on actual costs incurred and are due separately. 6. Payment Terms: All payments are due Net 30 days from date of invoice. BY EXECUTING THIS PURCHASE AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS, CONDITIONS, FEES AND CHARGES PROVIDED HEREIN AND IN THE MASTER AGREEMENT, AS WELL AS ANY OTHER E XHIBITS TO THE MASTER AGREEMENT, AND CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT. Cartegraph Systems, Inc. City of Orono By (Signature) By (Signature) Randy L. Skemp (Type or print name) (Type or print name) Title Executive Vice President/CRO Title Date Date Page 1 of 2 Cartegraph Systems, Inc. Addendum A - Software Products Cartegraph hereby pledges to issue software licenses in the agreed upon quantities specified in your Investment Summary. The “Software,” as defined in Master Agreement #MA159, consists of developed and supported technology products available from Cartegraph. In addition to full access to Cartegraph licensed software, your organization will receive: 1. Support a. Campus – www.cartegraph.com/campus Our User Assistance area is a convenient and easily-shareable resource designed to help you and your co-workers better understand the functions and capabilities of your Cartegraph applications. Instantly access user tips, step-by- step guides, videos, and more. b. Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 When questions need answers and difficulties arise, count on our industry- leading Support team to provide the guidance and assistance you need. Reach us as often as you need Monday-Friday, 7:00 am-7:00 pm CT. c. Secure, Live Remote Support If your challenge requires a more hands-on approach, we have the remote support tools to fix it. Let one of our Support Team members directly interact with your system to find a fast, effective solution. 2. Training & Education a. Convenient Online Resources All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more. b. Regional User Groups Meet and network with similar Cartegraph users in your region. Our smaller, more personalized User Groups allow you to find out what other organizations are doing to get more from their Cartegraph Systems. 3. Software Releases & Upgrades a. New Software Releases Be the first to know about all new Cartegraph releases, enhancements, and upgrades. Gain immediate access to the latest features and functionality, and increased system performance. b. Hot Fixes If an issue is determined to be a software defect and falls outside the standard release cycle, Cartegraph will issue a hot fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution. Page 2 of 2 BY EXECUTING THIS PURCHASE AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS, CONDITIONS, FEES AND CHARGES PROVIDED HEREIN AND IN THE MASTER AGREEMENT, AS WELL AS ANY OTHER EXHIBITS TO THE MASTER AGREEMENT, AND CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT. IF CUSTOMER TERMINATES THEIR OMS SUBSCRIPTION LICENSE, THE ESRI SUBSCRIPTION WILL ALSO TERMINATE. Cartegraph Systems, Inc. City of Orono By (Signature) By (Signature) Randy L. Skemp (Type or print name) (Type or print name) Title Executive Vice President/CRO Title Date Date Page 1 of 6 Cartegraph Systems, Inc. Addendum B - Field Services (Fee for Service) The Fee for Field Service Implementation Services as listed in the Investment Summary of the Purchase Agreement are specific Cartegraph services which will be delivered to the Customer based on the descriptions below and any descriptions that may be found in the Purchase Agreement’s Exhibits. Cartegraph will coordinate with the Customer on service delivery expectations and timeframes. This is an addendum to Customer’s Master Agreement #MA159. Cartegraph OMS – Implementation Scope of Work Implementation of the Operations Management System (OMS) includes the following professional services: Setup  Cartegraph will setup a hosted, production OMS environment. If a test or sandbox environment is purchased, Cartegraph will also setup a hosted, test OMS environment.  Cartegraph will provide an overview, up to two (2) hours, of Cartegraph and ArcGIS Online user-based logins and User/Role functionality.  Cartegraph will provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OMS.  Cartegraph will utilize the template to create users and roles in OMS. (Note: Subsequent User and/or Role changes will be your administrator’s responsibility.)  Cartegraph will provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OMS integration. Guidance will be geared towards OMS/Esri integration functionality and requirements.  Cartegraph will setup the OMS Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwise noted. Consulting  Cartegraph will provide up to two (2) remote requirement gathering workshops, a total of four (4) hours, to increase our understanding of your business and functional goals. Through workshops and interviews, Cartegraph will identify best fit scenarios for OMS and provide a brief including any challenges as well as recommendations for OMS best practices relevant to your implementation. Training  Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include: o Home Screen o Logins/Permission o Layers o Filters o Maps o Grids o System Navigation o Views (List & Detail) Page 2 of 6 o Standard Reports o Attachments o Requests, Work, Assets, Resources, Reports, and Administrator Tabs  Cartegraph will provide remote train-the-trainer training, up to two (2) hours, on OMS Esri integration functionality. Training topics include: o OMS Esri integration configuration options o Integration functionality (basemap and feature) o Overall Esri integration requirements, considerations, and Cartegraph recommended best practices  Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on OMS Request functionality. Training topics include: o Requests o Requesters o Task Creation from Requests o Issue library (including settings such as Applies to Asset and Non-Location) o Cartegraph recommended best practices for Request and Requester Management  Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on OMS Work functionality. Training topics include: o Create Task(s) (Asset/Non-Asset) o Assignments (Add, Edit, Remove) o Task Menu Actions o Related Work Items o Create Work Order o Associate Task to WO o Repeat Work Orders o Work Order Menu Actions o Enter Resources o Timesheets o Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity) o Cartegraph recommended best practices for Work Management  Cartegraph will provide train-the-trainer training on OMS Asset functionality as it relates to the assets referenced within the Asset section of the scope. Training topics include: o Asset Details o Inspections o Linked assets (if applicable) o Container/Component Relationships (if applicable) o Cartegraph recommended best practices for Asset Management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope.  Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on OMS Resource functionality. Training topics include: o Resource Details o Labor/Equipment Rates o Material Management (Stock, Usage, Adjustments) o Vendor Price Quotes o Cartegraph recommended best practices for Resource Management Page 3 of 6  Cartegraph staff will provide remote “train-the-trainer” training, not to exceed four (4) hours, on OMS Fleet functionality. Training topics include: o Fleet Management in OMS o Preventative Maintenance Schedules o Task Management o Vehicle Replacement Ratings (VRR) Equipment Detail information o Fleet Reports  Cartegraph will provide remote train-the-trainer training, up to two (2) hours, on Cartegraph for iPad functionality. Training topics include: o Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting) o Work Management  Create and Update Tasks (Asset/Non-Asset)  Assign Tasks  Enter Resources  Inspections o Asset Management  Create and Update Assets o Request Management  Create and Update Requests  View Requester information  Create Task from Request o Cartegraph recommended best practices for mobile device use  Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on OMS Administrator functionality. Training topics include: o Administrator:  User Administration, Role Administration, Import/Export, Error Log o Settings:  System Settings, Base Map Administration, Geocode Settings, GIS Integration Settings, Background Task Scheduler, Asset Color Manager o Manager:  Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager o Cartegraph Administrator Application  Report Creation  Cartegraph will provide remote train-the-trainer training, up to eight (8) hours, on Advanced Asset functionality. Training topics include: o Preventative Maintenance o Performance Management  Prediction Groups  Minimum Condition Groups  Activities and Impacts  Criticality Factor  Install/Replaced Dates o Cartegraph recommended best practices for advanced asset management To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. Page 4 of 6 Go-Live Support  Cartegraph will provide up to two (2) remote web conferences (not to exceed 4 hours total) to be utilized for Go-Live Support. The agenda will be defined, and agreed upon, by both your and Cartegraph’s project managers. Topics may include any of the following: o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable Data Services  Cartegraph will provide one test and one production data load service through standard import/export functionality. Cartegraph will provide template documents for data population. Once populated by your staff, Cartegraph will load the data into your test or production OMS environment. Data loads may include data such as: o Parent level asset records o Asset location (spatial x/y) attributes o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records o Standard system libraries Assets Asset implementation includes the following professional services: Cartegraph will provide installation and training on the following eighteen (18) asset types:  Transportation (2) o Pavement, and Sign  Sewer (7) o Sewer Cleanout, Sewer Facility, Sewer Force Main, Sewer Lateral, Sewer Main, Sewer Manhole, and Sewer Pump  Water (9) o Water Backflow, Water Facility, Water Hydrant, Water Lateral, Water Main, Water Meter, Water Pump, Water Storage Tank, and Water Valve  Cartegraph will provide up to five (5) field configurations for each asset type listed above. Cartegraph will provide all services remotely via audio, video, and web conferences unless otherwise noted. Customer Responsibility For the project, you will be responsible for appointing a dedicated proje ct manager that will be responsible for:  Reviewing the implementation scope of work  All internal aspects of the project including, but not limited to, internal change management, internal documentation, staff coordination, task completion, and schedule commitment  Ensuring all scheduled meetings are attended by invited staff  Partnering with the Cartegraph Project Manager to ensure project success  Providing leadership and insight on all relevant internal issues such as policy/procedure, organizational structure, project stakeholders, technical architecture, data, and current systems Page 5 of 6 Exclusions The following service items are not included in the scope of this project:  Implementation of any custom modification or integration developed by Cartegraph, your internal staff, or any third-party is not included in the scope of this project unless specifically listed above.  Data conversion services from other software system(s) or sources (including Cartegraph Navigator databases) are not included in the scope of this project unless specifically listed above.  Any service items discussed during demonstrations, conference calls, or other events are not included in the scope of this project unless specifically listed above. Customer/Cartegraph Responsibilities Project representatives from Customer and Cartegraph accepts responsibility for all aspects of project planning, management, and execution not specifically identified as the responsibility of Cartegraph in the Master Agreement or in this Purchase Agreement. Ongoing management of the day-to-day allocation of Customer and Cartegraph resources and management of project tasks is the responsibility of the Customer and Cartegraph project representatives. Customer and Cartegraph project representatives will provide overall guidance and direction for the project and will direct the project accordingly. Further, and with regard to the Cartegraph obligations listed in this Purchase Agreement, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters: 1. For those services listed under Field Services, Cartegraph personnel will conduct information gathering and evaluation sessions with various Customer users and management. While Cartegraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises. 2. The installation process requires the assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is required to supervise the installation process while systems are accessible to Cartegraph. All hardware and software, for both Personal Computers and servers, is expected to be available, installed, and operating as specified in Cartegraph’s System Requirements docum entation such that delivery and execution of Cartegraph Field Services will not be impeded. 3. Customer and Cartegraph understand that the successful performance of Field Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation. 4. Customer will provide Internet access and IT staff support as required. For those services that are web -based, Cartegraph utilizes WebEx Meeting (or similar) technology. Customer shall ensure that their workstation platform and database meet Cartegraph system requirements as specified in the Cartegraph System Requirements documentation. Cartegraph Software will be supported within new versions of these workstation platforms and databases within a reasonable period of time from their release from their manufacturer. Cartegraph will discontinue support of its Software within older versions of these workstation platform s and databases as their support is discontinued by their manufacturers. 5. Customer agrees to work with Cartegraph to schedule Field Services in a timely manner. All undelivered Field Services shall expire 365 days from the execution of this Purchase Agreement, unless noted differently in Services Scope listed above. Upon expiration of services, the project may be cancelled at Cartegraph’s discretion. Page 6 of 6 Not-to-Exceed Proposal Cartegraph will not exceed the total included in this Purchase Agreement without written approval from Customer. In the event it becomes apparent to Cartegraph that additional service efforts will be needed due to any changes in the scope of this Purchase Agreement, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional Software or services are required. BY EXECUTING THIS PURCHASE AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS, CONDITIONS, FEES AND CHARGES PROVIDED HEREIN AND IN THE MASTER AGREEMENT, AS WELL AS ANY OTHER EXHIBITS TO THE MASTER AGREEMENT, AND CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT. Cartegraph Systems, Inc. City of Orono By (Signature) By (Signature) Randy L. Skemp (Type or print name) (Type or print name) Title Executive Vice President/CRO Title Date Date ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: December 14, 2015 Item No: 9 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok JML Public Safety Title: Police Chief ______________________________________________________________________________ Item Description: Authorization to Purchase 2016 Squad Cars ______________________________________________________________________________ DISCUSSION: The police department has budgeted for the replacement of four vehicles in 2016 and is requesting to replace these vehicles in the next several months. The police department is requesting to order three 2016 Dodge Police Charger AWD and a Dodge Ram Pickup. The order for these vehicles would need to be placed prior to the March 2016 cutoff, because placing an order prior to the deadline allows the department to build the police vehicle with options specifically needed by the police department and guarantees contract pricing. Vehicles purchased after March 2016 are limited to stock on hand by individual dealerships; specific options and colors may be difficult to get and pricing is subject to change by the dealership. We would like to place the order prior to January to ensure delivery by April. The state bid for the Dodge Charger AWD is $25,700.00 plus tax, registration and other miscellaneous fees. The state bid for the Dodge Ram Pickup is $26,141.00 plus tax, registration and other miscellaneous fees. Once the vehicle order is placed, delivery is 6-10 weeks. Set-up of these vehicles (lights, emergency equipment, etc.) can be from 3-4 weeks depending on availability of equipment and the vendor. These purchases would replace a 2012 Dodge Charger #227 currently with 84,000 miles, a 2012 Dodge Charger #228 with 86,500 miles, a 2012 Dodge Charger #229 with 77,000 miles, a 2008 Chevy Equinox #853 with 45,000, and a 2005 Chevy Colorado (Pickup) #846 with 99,000 miles currently in our fleet. These vehicles are projected to have 95,000 to 100,000+ miles in May/June for three of the vehicles and August/September for the last vehicle, plus several thousand idle hours, when delivery and set up is expected to be completed. All of these vehicles are currently being used and will continue to be used until they are to be replaced. The Chevy Equinox and Chevy Colorado are both used by investigations and both of these vehicles would be replaced by the Dodge Ram Pickup. Dodge of Burnsville has been used in the past for ordering and purchasing of police vehicles and will be used for the purchase of the vehicles in 2016. Burnsville Dodge has accepted trades in the past and may be used to trade #227, #228 and #229. In the past the Dodge Chargers have gotten $6,000-$8,000 on trade. The Chevy Equinox #853 and Chevy Colorado #846 will be sent to an auto auction. COUNCIL ACTION REQUESTED: Consider a motion to approve the purchase of three 2016 Dodge Police Charger AWD for $25,700.00 and one 2016 Dodge Ram pickup for $26,141.00 plus tax, registration and other miscellaneous fees from Dodge of Burnsville. ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: December 14, 2015 Item No: 10 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name: Correy Farniok JML Public Safety Title: Police Chief ______________________________________________________________________________ Item Description: Disposal of Forfeited Vehicle ______________________________________________________________________________ DISCUSSION: The Police Department has a forfeited vehicle that is being sold. The vehicle was seized and forfeited by the Orono Police Department from a driver that had multiple violations for Driving While Intoxicated. The Police Department would recommend this vehicles be sent to an Auto Auction. 1994 Chevy Pickup VIN#2GCEK19K7R1205875(Auto Auction) COUNCIL ACTION REQUESTED: A motion to dispose of a forfeited vehicles. Vehicle to be auctioned through the Auto Auction. Date Prelim. Plat Application Received: 7/22/15 Date Prelim. Plat Application Considered as Complete: 7/22/15 Prelim. Plat Resolution No. 6559 Adopted: 10/26/15 Preliminary Plat Approval Expires: 10/26/16 Final Plat Application Received: 12/11/15 REQUEST FOR COUNCIL ACTION Date: December 11, 2015 Item No. 12 Department Approval: Administrator Approval: Agenda Section: Name: Mike Gaffron JML Planning Title: Senior Planner Item Description: #15-3770/16-3797 Jon Norris & Catherine Morrison and Patrick & Melissa Mulheran, 460 Orchard Park Road – Final Plat Approval - Wetland Overlay District Rezoning – Public Hearing - Adopt Final Plat Approval Resolution Zoning District: RR-1A One Family Rural Residential District (5 acre/300’ width) Existing Lot Areas: 16.16 ± acres dry + 7.01 ± acres wetland 23.17 ± acres total List of Exhibits: Exhibit A. Draft Final Plat Approval Resolution Exhibit B. Draft Wetland Rezoning Ordinance Exhibit C. Final Plat Drawing Exhibit D. Final Development Plans Exhibit E. Preliminary Plat Resolution No. 6559 Exhibit F. MCWD Notice of Decision – Deminimus Wetland Fill Approval Exhibit G. Draft Development Agreement Application Summary The application for a preliminary plat (#15-3770) to split this 23 acre property into two 5-plus acre lots was approved by the City Council on October 26, 2015 via resolution No. 6559. A requirement of preliminary plat approval was that the deminimus fill (less than 1,000 s.f.) of wetland to accommodate the driveway for Lot 1 would be subject to Orono Code provisions for removing that portion of wetland from the Wetland Overlay District, which technically is deemed as a ‘rezoning’. A public hearing for that purpose has been noticed and scheduled for the December 14 Council meeting, and an Ordinance for effecting such rezoning is attached as Exhibit B. The City Consulting Engineer has reviewed the final plat and final plans and deems them acceptable. Deminimus Wetland Fill. An amount of 930 s.f. of wetland filling is necessary to expand the existing field road to the minimum required 12-foot width for Lot 1. The Minnehaha Creek Watershed District has determined that the proposed fill meets the Wetland Conservation Act (WCA) criteria for a deminimus fill, i.e. less than 1,000 s.f., and therefore no mitigation is required. The proposed fill FILE # 15-3770-3797 December 11 2015 Page 2 of 2 reduces the 5.52 acre wetland to 5.50 acres, or less than a ½ of 1 percent area reduction. The MCWD has also required the installation of two raingardens on the site, which will be established at the time the shared driveway system is installed as part of the development improvements. Staff recommends approval of the attached ordinance which re-defines the wetland boundary and removes the 930 s.f. deminimus fill area from the Wetland Overlay District. The applicants request final plat approval in order to finalize the project and proceed. Planning Staff Recommendation The applicants have submitted the final plans and a number of required pieces of information. They will be required to submit the remaining required development documents, easements and letter of credit prior to recording of the plat. Planning staff and the City attorney will work with the applicants to finalize the remaining documents. Staff recommends approval of the final plat per the attached resolution, and approval of the attached rezoning ordinance with regard to the Wetland Overlay District. COUNCIL ACTION REQUESTED Hold the public hearing regarding the removal of a deminimus portion of wetland from the Wetland Overlay District. Motion to approve the attached final plat approval resolution and authorize the Mayor and City Clerk to sign the development documents for the plat of Orchard Farms. Motion to adopt the attached rezoning ordinance regarding the Wetland Overlay District. Date Application Received: 7/22/15 Date Application Considered as Complete: 7/22/15 120-Day Review Period Expires: 11/19/15 60-day Extension granted on 11/6/15 Expires: 1/18/16 REQUEST FOR COUNCIL ACTION Date: December 14, 2015 Item No.: 13 ______________________________________________________________________________ Department Approval: Administrator Approval Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner _____________________________________________________________________________________ Item Description: #15-3774, Michael Steadman o/b/o Irwin Jacobs, 1700 Shoreline Drive - Preliminary Plat Approval - Resolution ______________________________________________________________________________ List of Exhibits: A – Revised Updated Preliminary Plat Approval Resolution (for Adoption) B – Resolution Showing Revisions C – Draft Council Minutes 11-23-15 D – School Bus Schedule for Heritage Lane E – Traffic Control Signage Proposed by Applicant F – Memo and Exhibits of November 23 Council Meeting G – Additional Items Distributed at November 23 Council Meeting At the November 23 meeting Council voted 5-0 to table the application, directing staff to prepare a revised Preliminary Plat Approval Resolution for review and consideration, reflecting the Council’s discussion and direction. The revisions (refer to “Revisions” version, Exhibit B) include: - Page 2: Documentation of 11/23 meeting actions - Page 3: Table - Removal of reference to Outlots A-B-C, replace with just Outlot A - Page 4, Item 11: Revised language to exclude reference to three Outlots, added tie-in of Outlot A to Lot 4 - Page 7, Item 1: Revised language regarding Outlots - Page 9, Item 8(c): Revised construction hours per Council discussion, added definition of ‘road completion’ - Page 9, Item 8(h): Council had suggested adding applicants proposed school pick- up/drop-off traffic controls as item 8(h), but there was not a consensus on whether that authority should be placed only on the Police Chief. After discussions with the Chief and City Attorney, staff has substituted text with regard to the process for determining if and when a problem exists, and a process for addressing it. Note that the School District’s bus schedule for Heritage Lane has only minimal a.m./p.m. overlap with the 8:30-4:00 restriction, with the exception of secondary student drop-off from 2:55-3:15 15-3774 1700 Shoreline Drive December 14, 2015 Page 2 - Page 9, Item 8(i): Added language addressing the process to be followed regarding installation of temporary speed bumps, requiring majority petition of homeowners, public hearing and Council approval - The applicant has additionally provided a drawing showing proposed temporary signage for traffic control. Absent further information, staff assumes these will be placed within the development site. Placement within City or County right-of-ways would require appropriate approvals. Staff Recommendation Staff recommends adoption of the attached draft resolution. Council should direct staff with regard to any necessary revisions in order to accurately reflect Council’s conclusions with regard to this subdivision. COUNCIL ACTION REQUESTED Review the attached draft resolution. If all issues of concern have been addressed, a motion would be in order to adopt the attached resolution entitled A Resolution Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at 1700 Shoreline Drive - File No. 15-3774. Date Application Received: 9/23/15 Date Application Considered as Complete: 10/8/15 Initial 60-Day Review Period Extended to: 2/5/16 REQUEST FOR COUNCIL ACTION Date: December 14, 2015 Item No. 14 Department Approval: Administrator Approval: Agenda Section: Name: Mike Gaffron JML m, Planning Title: Senior Planner Item Description: #15-3789 - The Broadway Group LLC, 3590 North Shore Dr. - Variances – Public Hearing – Resolution Zoning District: LR-1C, One Family Lakeshore Residential, 1/2-acre, 100’ Existing Lot Area & Width: 13,025 s.f. (0.30 ac); 92’+ at OHWL and 75’ Setback List of Exhibits: Exhibit A. Updated Revised Survey Exhibit B. Draft Resolution Exhibit C. Draft Council Minutes of 11/23/15 Exhibit D. Notice of Council Action dated 12/3/15 Exhibit E. Council Memo & Exhibits dated 11/23/15 Revised Survey Impacts It was noted in the November 23 memo that portions of the existing house, proposed deck, and proposed room addition would require variances to lakeshore and/or average lakeshore setback. After reviewing the revised survey on November 23, Council suggested that moving the proposed deck further to the west along the north side of the house would decrease the potential negative impact on lake views enjoyed by the neighbor to the east, which would justify granting of the lakeshore and average lakeshore setbacks needed to do so. Council tabled the application to allow applicant to revise his proposal, and to allow for an additional public hearing to be held, Application Summary: The applicant’s initial request was for variances for front (street) and side yard setbacks in order to reconstruct the home on the same footprint, plus a minor expansion lakeward and addition of a deck. Upon submittal of an updated and corrected survey it was determined that a lakeshore setback and an average lakeshore setback are also required. Council on 11/23 suggested a further revision of the deck location to reduce possible impacts to neighbor’s views. A revised plan has been submitted. Planning Commission Recommendation: The Orono Planning Commission had voted 4-0 to recommend approval at its October meeting. Staff Recommendation: Planning Staff recommends approval of side setback, street setback, lakeshore setback and average lakeshore setback variances. #15-3789 December 8, 2015 Page 2 of 3 since the lakeshore and average lakeshore setback variances had not been included in the original hearing notice. Further analysis of the revised survey now reveals that the lot area is smaller than initially reported (13,025 sf vs. 13,954 sf) and the hardcover calculations excluded certain items that because of their location within the 0-75’ zone cannot be excluded from the calculations. The applicant has now submitted a survey that revises certain elements of the site plan in order to remain within the 25% hardcover and 15% lot coverage limits: - The proposed deck has been relocated to the west and is similar in square footage to the earlier proposal at 182 s.f.; - The east side paver steps will be eliminated; hardcover will be kept below the 25% limit; - Lot coverage including house/garage plus addition is 14.98%, below the 15% limit; - The lake setback and average setback encroachment numbers have been revised to reflect the new deck location; - A hearing notice has been published and mailed for the average and lakeshore setback variances, hearing to be held at 12/14 Council meeting. 2nd REVISION: LOT ANALYSIS WORKSHEET (Variances noted in bold type) Lot Area (acres) Lot width (feet) Setbacks (feet) Street East Side West Side Lake OHWL Avg. Lakeshore Required 0.50 100 30 10 10 75 No Encroachment Existing House 0.32+ 104 21 6.1 25.8 49+ 20’ Encroachment Proposed House 0.32+ 104 21 6.1 25.8 49+ 20’ Encroachment Proposed House Addition 0.32+ 104 - 6.1 55+ 73+ 2’ Encroachment Proposed Deck Addition 0.32+ 104 - 34+ 42+ 59+ 10’ Encroachment Structural Coverage: Total Lot Area* Total Structural Coverage 13,025 s.f.+ (0.30 acre) Allowed: 1,954 s.f. (15%) Proposed: House 1019 s.f. + Garage 750 s.f. + Deck 182 s.f. = 1951 s.f. = 14.98% * The total lot area above the 929.4 based on the revised survey is 929 s.f. smaller than reported with the original survey and proposal. Hardcover Calculations: Stormwater Overlay District Tier Total Area in Tier Allowed Hardcover Existing Calculable Hardcover Proposed Calculable Hardcover Tier 1 13,025 s.f. 3,256 s.f. (25 %) 2,967 s.f.* (22.8 %) 3,100 s.f.* (23.8 %) * The applicants surveyor initially excluded retaining walls and 100 s.f. of deck within 0-75’ zone which are not allowed hardcover in the 0-75 and therefore per City practice must be included in the hardcover calculations. #15-3789 December 8, 2015 Page 3 of 3 Planning Staff Recommendation Planning staff recommends approval of the side and street setback variances, as well as the lakeshore and average lakeshore setback variances resulting from the revised deck plan per Council’s recommendations at the November 23 meeting. Council should hold the public hearing regarding the average and lakeshore setback variances. A resolution has been prepared for approval of the noted variances. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution entitled A Resolution Approving Variances from Orono Municipal Zoning Code Sections 78-1279(1); 78-1279(6); 78-350; and 78-1680 for Property Located at 3590 North Shore Drive – File No. 15-3789. Date Application Received: 10/12/15 Date Application Considered as Complete: 10/12/15 60-Day Review Period Expires: 12/11/15 Notification of 60-Day Extension 12/1/15 Expires: 2/9/16 REQUEST FOR COUNCIL ACTION Date: December 14, 2015 Item No.: 15 Department Approval: Administrator Approval: Agenda Section: Name: Mike Gaffron JML Planning Title: Senior Planner Item Description: #15-3791, Josephine Carpenter, 480 Russell Avenue - Comprehensive Plan Amendment - MUSA Boundary - Resolution Zoning District: RR-1B, One Family Rural Residential, 2 acres/200’ Lot Area: 78,548 s.f. (1.80 acres) Lot Width: 160’ + (variable) List of Exhibits: Exhibit A. Resolution - Preliminary Approval Exhibit B. PC Action Notice 12/1/15 Exhibit C. Draft PC Minutes 11/16/15 Exhibit D. Draft Met Council Plan Amendment Submittal Form Exhibit E. PC Staff Report & Exhibits 11/12/15 Application Summary: The applicant is requesting an amendment of the 2008-2030 Orono Comprehensive Plan (aka Community Management Plan or CMP) to add the property to the defined Metropolitan Urban Service Area (MUSA) in order to make the property eligible for installation of sanitary sewer. Please review the PC Memo and Exhibits for further detail. Planning Commission Recommendation On November 16, 2015, the Planning Commission voted 6-0 to recommend approval of the requested CMP amendment. Planning Staff Recommendation Staff recommends preliminary approval of the requested amendment per the findings and conditions of the attached resolution, directing that the amendment be forwarded to Metropolitan Council for approval. Final City approval will occur after Met Council approval is obtained. The property appears to meet requirements for waiving adjacent jurisdiction review – staff will confirm this with Met Council Sector Rep Freya Thamman prior to submittal. COUNCIL ACTION REQUESTED Motion to adopt the attached Preliminary Approval Resolution and to direct staff to submit the CMP amendment to the Metropolitan Council per the attached Comprehensive Plan Amendment Submittal Form. Date Application Received: 10/21/15 Date Application Considered as Complete: 11/04/15 60-Day Review Period Expires: 01/03/16 REQUEST FOR COUNCIL ACTION Date: 14 December 2015 Item No. 16 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc JML Planning Title: Planner Item Description: #15-3794, Tim & Mary Doubek, 4565 Bayside Rd, Variance – Resolution Application Summary: The proposed construction of a new, 2,400 square foot pole building for the storage of a horse trailer and an RV streetward of the new principal structure. Accessory structures over 1,000 square feet are defined as an Oversized Accessory Structure (OAS); a 2,600 square foot structure is the maximum individual footprint permitted on the applicants’ 7 acre property. A setback variance is required in order to construct the pole building between the home and the front, street lot line. Planning Commission Recommendation On November 16th, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. There were no public comments. The Commission voted 6 to 0 in favor of a motion to approve the variances with the staff recommended conditions including recording the appropriate OAS covenant against the property. Planning Staff Recommendation Staff recommends approval. A draft approval resolution has been provided for Council’s consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Proposed Survey Exhibit C. Proposed Plans & Elevations Exhibit D. PC Staff Report & Exhibits Exhibit E. Draft PC Minutes Date Application Received: 11/17/15 Date Application Considered as Complete: 12/02/15 60-Day Review Period Expires: 01/31/16 REQUEST FOR COUNCIL ACTION Date: 14 December 2015 Item No. 17 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc JML Planning Title: Planner Item Description: #15-3796 – A. Sadowski Designs o/b/o Michele Williams-Abbott – 2941 Casco Point Rd Average Lakeshore Setback Variance – Public Hearing Application Summary: The applicant is requesting approval of an average lakeshore setback variance. The variance would permit the construction of a 2nd story over the existing home, modifications to portions of the existing roof to accommodate the addition, and construction of a new lakeside covered porch over an existing deck between 38’ and 91’ ahead of the average lakeshore setback line. The subject lot, the Abbott property, is situated between two lakeshore lots resulting in application of the average lakeshore setback. The property to the north owned by Nancy Brown (2933 Casco Point Road) is 133 feet from the OHWL; the property to the south owned by Cliff and Barbara Swenson (2965 Casco Point Road) is located 261 feet from the OWHL. The location of the Swenson home results in a severe average lakeshore setback line over the Abbott property which almost entirely separates the living space portion of the house from the garage. The Planning Commission has not reviewed this application. Due to the project logistics and shared driveway the applicant as well as the most affected neighbors (Swensons) have hopes of completing the majority of the construction while the Swensons are away for the winter. The applicant and staff discussed the project in the Fall and due to an inaccurate survey in the file which represented the home at 2967 Casco Point Road as the adjacent neighbor rather than the Swensons, it was not obvious an average lakeshore setback variance would be necessary. Upon a more detailed review correctly applying the average lakeshore setback requirements, staff determined a variance would be necessary. The City’s meeting schedule does not offer a Planning Commission meeting opportunity in December, therefore pursuant to City Code Section 78-122 the applicant is requesting that the City Council waive reference of this variance application to the Planning Commission for the public hearing. A unanimous vote is required in order to waive the Planning Commission’s review. Notice was published to allow for a public hearing by the City Council at the December 14th meeting. LOT ANALYSIS WORKSHEET Section 78-350 - Setbacks: LR-1C Required Existing Proposed Rear/Street 30’ 33.1’ from Swenson Property +120’ from Casco Point Rd No Change North Side 10’ 10.5’ 10.5’ South Side 10’ 11’ 11’ Lakeshore 75’ 136’ 136’ Average Lakeshore The existing home is between 38’ – 91’ lakeward of the average lakeshore setback line. The additions proposed over the existing footprint are almost entirely lakeward of this setback. The proposed screen porch roof will be over an existing structural deck. #15-3796 7 Dec 2015 Page 2 of 4 Section 78-350 - Lot Area/Width: DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 27,600 s.f. (0.63 acre) 92’ @ 75’ /106’ @ OHWL Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 27,600 s.f. (0.63 acre) Allowed: 4,140 s.f. (15%) Proposed: 3,780 s.f. (13%) Section 78-1680 and 78-1700 -Hardcover Calculations: Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279(6)) Because the property is a lakeshore lot and is situated between two lakeshore properties, the average lakeshore setback requirement applies. The Abbott property and the Swenson property are configured as opposing flag-shaped lots; the Swenson lot is wider at Casco Point Road and narrow at the lake, while the Abbott property is narrow (30’ wide) at Casco Point Road and 106 feet wide at the lake. This configuration further adds to the deeper offset creating the average lakeshore setback. The +100-foot offset of the neighboring homes results in most of the Abbott home being nonconforming with respect to the average lakeshore setback. Any expansion of the footprint or mass of the home will require an average lakeshore setback variance. The applicant has provided construction plans as well as annotated site photos which reflect the proposed changes to the Abbott home. Both neighbors have provided supportive comments about the project and variance request (Exhibit G). The Swensons’ view of the lake from their patio area is shown in the applicant’s photo (labeled as “exhibit C” on Exhibit F2). The additions to the Abbott home do not appear to impact the Swensons’ current view of the lake; nor do the additions appear to adversely impact lake views from the Brown residence on the other side. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 27,600 s.f. 6,900 s.f. (25%) 6,030 s.f. (21.8%) 280 s.f. w/in 75’ 6,055 s.f. (22%) 280 s.f. w/in 75’ #15-3796 7 Dec 2015 Page 3 of 4 According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The purpose for the ordinance is to protect views of the lake. The proposed additions and modifications to the home will not adversely impact existing views of the lake from neighboring properties. 2. The variance is consistent with the comprehensive plan. Construction of a second story addition over portions of the residential home is in harmony with the intent of the use of the residential property. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Application of the average lakeshore setback results in making over half of the home non-conforming. The second story addition over the existing home footprint is reasonable. b. There are circumstances unique to the property not created by the landowner; The average lakeshore setback line resulting from the setback offset of the neighboring homes was not created by the landowner; and c. The variance will not alter the essential character of the locality. Lake views currently enjoyed by the neighboring properties will not change as a result of this project. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The unique orientation of the subject property and the abutting neighbors’ properties results in an awkward setback offset not common in lakeshore properties. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The orientation of the subject property and the abutting neighbors is unique to the subject property. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The average lakeshore setback variance is necessary in order to construct the 2nd story addition preserving a property right of the owners. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The variance to construct the additions to the home will not impact health, safety, comfort, or morals or be contrary to the zoning code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Granting the average lakeshore setback variance to construct the additions will alleviate a difficulty created in the orientation of the subject and surrounding properties. The Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist in the arrangement of the three properties and the relationship between the elevations of each of the homes to support granting the average lakeshore setback variance. #15-3796 7 Dec 2015 Page 4 of 4 Public Comments The public comments received regarding this application are included as Exhibit G. Issues for Consideration 1. Does the Council find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Council find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Council find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? 4. Are there any other issues or concerns with this application? COUNCIL ACTION REQUESTED The Council should consider a motion to waive the Planning Commission’s review of the application. The Council should open the public hearing, consider comments from the public and, direct staff to draft a resolution either denying or granting approval of the average lakeshore setback variance for adoption at the January 11th meeting. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Site Photos - Applicant Exhibit G. Neighbor Comments Exhibit H. Aerial Photos – Staff Exhibit I. Legal Notice Exhibit J. City Code Excerpts Exhibit K. Property Owners List Exhibit L. Plat Map REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 18 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator's Report Title City Administrator Item Description: Wayzata Fire Service Agreement ATTACHMENTS: Letter from Wayzata & Fire Protection Agreement BACKGROUND Our records indicate the City of Orono has contracted with the City of Wayzata for fire service to a portion of Orono since (at least) 1962. The 2016 Fire Protection Agreement is attached and is unchanged. The annual service charge for fire service is based upon the percentage of calls in Orono for the preceding three-year period. Calls in Orono Calls in Wayzata Total Calls June 1, 2012-May 31, 2013 16 271 287 June 1, 2013-May 31, 2014 22 258 280 June 1, 2014-May 31, 2015 22 294 316 60 (6.8%) 801 (93.2%) 883 2015 expenses chargeable to Orono: 2015 Operating Budget $499,249 Less State Fire Relief Association payment: ($45,000) Less Building CIP line item: ($23,000) $431,249 x 6.8% (calls percent) = $29,324 Less 2014 budget to actual reconciliation: ($ 469) = $28,855 For comparison purposes, the table below shows the previous years: Wayzata Fire Budget from Previous Year Orono % of Calls Orono Expense 2010 $391,800 6% $23,508 2011 $386,100 7% $27,027 2012 $388,358 9% $36,816 2013 $397,528 9% $35,777 2014 $421,985 8.31% $35,067 2015 $395,855 7.5% $29,689 2016 $431,249 6.8% $29,324 COUNCIL ACTION REQUESTED Consider a motion to approve the Wayzata Fire Service Contract with the City of Wayzata and approve payment for fire protection services. REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 19 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator’s Report Title City Administrator Item Description: 2016 Non-union Employee Compensation Adjustment Resolution The City Council annually adopts a non-union compensation adjustment and an adjustment to the monthly insurance contribution. COMPENSATION Earlier this year, the City contracted with AEM to conduct a compensation study for the City. A recommendation of the study was the creation of a new eight step pay scale. The new scale has been tested and verified to be compliant with the state comparable worth requirements. Another advantage of the scale is the combination of the City’s current dual scale into a single scale. At the October work session, the Council indicated that they would accept the new pay scale using implementation option one, which placed employees into the new scale at the step closest to their current pay without a reduction in pay. In addition the Council indicated that they would support a 2.75% COLA added to the new pay scale. The new position point scale and the proposed grades and steps are included as an attachment. INSURANCE For employees selecting family (employee plus) coverage the monthly contribution is proposed to be $1,255 per month. The contribution for employees choosing single coverage would remain at the 2011 amount of $915 per month, with funds to be used only within the cafeteria plan (no cash). The waiver amount is to be lowered to $376. The attached resolution also confirms that the City will continue to reimburse employees at the IRS allowed mileage rate in 2016. The IRS rate is currently set at 57.5 cents per mile. It is possible that the rate may be changed during the year. When this has happened in the past, the City’s reimbursement rate has been adjusted to match the IRS rate. Action Requested: Consider a motion to establish the 2016 Non-union employee compensation adjustments and amend/approve the attached resolution. RESOLUTION APPROVING PAY PLAN ADJUSTMENTS FOR NON-UNION CITY EMPLOYEES FOR 2016 WHEREAS, the City Administrator is responsible for annually presenting pay adjustments for City employees, with the exception of employees covered by collective bargaining agreements; and WHEREAS, sufficient funds have been appropriated in the proposed 2016 Annual Budget to fund the recommended pay adjustments and such other matters of compensation as herein specified. NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council as follows: 1. That a new City pay scale be established based on AEM’s 2015 Compensation Study using implementation option #1 with a COLA of 2.75%. 2. That the City's cafeteria benefit plan contribution be increased to $1,255 per month for employees on family coverage, $915 for single (no cash) and $376 for waivers. 3. That City employees using their own vehicles for approved work related business shall be compensated at a rate allowed by the IRS (currently 57.5 cents per mile). 4. That the 2016 Safety Shoe Reimbursement will remain at $175 for employees that qualify for this reimbursement. Adopted by the Council this 14th day of December, 2015. ATTEST: _________________________________ _________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor CITY OF ORONO NON-UNION EMPLOYEE COMPENSATION PLAN POSITION GRADES Grade Point Range Positions in Grade 1 0 – 76 Community Service Officer 2 77 – 89 3 90 – 103 4 104 – 113 5 114 – 127 Admin Support Assistant (Admin, Planning, Police) 6 128 – 143 Payroll Utility Billing Clerk 7 144 – 164 Planning Assistant; PW Maintenance 8 165 – 186 9 187 – 233 Office Manager (E) 10 234 – 299 Accountant (E); City Clerk (E); IT Technician (E) Public Works Supervisor (Streets, Water/Sewer) 11 300 – 345 City Planner (E) 12 346 – 398 Building Official (E); Senior Planner (E) 13 399 – 458 14 459 – 517 Deputy Chief (E) 15 518 – 647 Community Development Director (E) 16 648 – 843 Public Works Director/City Engineer (E); Finance Director (E) 17 844 – 970 Police Chief (E) 18 971 – 1068 19 1069 – 1176 City Administrator (E) (E) = Exempt rolson\spreadsheets\asst\wages\Item 19c 2016 Non-Union Compensation Grades and Steps Compensation Plan Non-Union Employees Pay Grades and Steps For 2016 BUDGET Start Hourly Annual 52.98 110,188.16 54.61 113,596.03 56.30 117,109.31 58.04 120,731.251946.90 97,548.77 48.35 100,565.74 49.84 103,676.03 51.39 106,882.51 106,678.13 18 44.08 91,695.85 45.45 94,531.80 46.85 97,455.48 48.30 100,469.56 49.80 103,576.87 51.34 106,780.28 52.92 110,082.76 54.56 113,487.38 44.00 91,520.52 45.36 94,351.04 46.76 97,269.12 48.21 100,277.44 17 41.44 86,194.09 42.72 88,859.89 44.04 91,608.14 45.40 94,441.38 46.81 97,362.25 48.26 100,373.45 49.75 103,477.79 51.29 16 38.95 81,022.45 40.16 83,528.29 41.40 86,111.65 42.68 88,774.90 88,605.15 15 36.62 76,161.11 37.75 78,516.60 38.92 80,944.96 40.12 83,448.41 41.36 86,029.29 42.64 88,689.99 43.96 91,432.98 45.32 94,260.80 37.71 78,441.50 38.88 80,867.53 40.08 83,368.59 41.32 85,947.00 42.60 78,291.51 13 32.35 67,295.95 33.35 69,377.27 34.39 71,522.96 35.45 73,735.01 36.55 76,015.48 37.68 78,366.47 38.84 80,790.17 40.04 83,288.84 33.32 69,310.91 34.35 71,454.55 35.42 73,664.48 36.51 75,942.76 37.641230.41 63,258.19 31.35 65,214.63 32.32 67,231.59 14 34.42 71,591.44 35.48 73,805.60 36.58 76,088.26 11 28.59 59,462.70 29.47 61,301.75 30.38 63,197.69 Hourly Annual Hourly Annual 19.06 39,638.85 19.08 31.32 65,152.26 32.29 67,167.28 33.29 69,244.61 34.32 71,386.20 35.38 Grade 37,296.19 18.49 Step 6 38,449.6836,177.31 17.93 73,594.02 Step 7 Hourly Annual Hourly Annual Hourly Annual Hourly Annual Step 1 Step 2 Step 3 Step 4 Step 5 Hourly Annual 2 16.38 34,071.82 16.89 35,125.59 34,039.23 16.87 35,091.99 17.39115.40 32,027.51 15.874 33,018.05 16.37 39,676.80 19.67 40,903.92 20.27 42,168.9917.41 36,211.95 17.95 37,331.90 18.50 38,486.50 42,209.37 20.92 43,514.81 21.57 44,860.63 4 18.54 38,560.23 19.11 39,752.81 38,523.35 19.09 39,714.79 19.68 40,943.09 20.29317.43 36,246.62 17.97 37,367.65 18.52 21.59 44,903.58 22.26 46,292.35 22.94 47,724.0719.70 40,982.28 20.31 42,249.78 20.94 43,556.47 47,769.77 23.68 49,247.18 24.41 50,770.29 6 20.98 43,639.92 21.63 44,989.61 43,598.18 21.61 44,946.57 22.28 46,336.68 22.97519.72 41,021.52 20.33 42,290.23 20.96 24.43 50,818.90 25.19 52,390.62 25.97 54,010.9522.30 46,381.04 22.99 47,815.51 23.70 49,294.34 54,062.66 26.80 55,734.70 27.62 57,458.45 8 23.74 49,388.77 24.48 50,916.26 49,341.53 24.46 50,867.55 25.21 52,440.78 25.99722.32 46,425.44 23.01 47,861.28 23.72 27.65 57,513.47 28.51 59,292.24 29.39 61,126.0225.24 52,490.99 26.02 54,114.43 26.82 55,788.07 61,184.54 30.33 63,076.85 31.26 65,027.68 10 26.87 55,894.94 27.70 57,623.65 55,841.48 27.68 57,568.54 28.53 59,349.01 29.42925.26 52,541.25 26.04 54,166.23 26.85 31.29 65,089.94 32.26 67,103.03 33.26 69,178.3828.56 59,405.83 29.44 61,243.12 30.35 63,137.24 REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 20 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator's Report Title City Administrator Item Description: Adoption of Job Descriptions In July the City Council received a compensation study from Abdo (AEM). The goal of this study was to update the City’s existing job classification system for pay equity and analyze the City’s master salary plan compared to the market. Part of the field study included a survey to employees regarding their duties which allowed the consultant to update our job descriptions in addition to placing them into a consistent format. The duties and skills identified in the job descriptions were used to assign the position points for pay equity and ultimately integrated into the pay plan. One of the implementation recommendations from the study was for the City Council to consider formally approving the updated job descriptions. COUNCIL ACTION REQUESTED: Consider a motion approving the attached job descriptions effective January 1, 2016. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Administrative Support Assistant Document Date: January 1, 2016 Department: Administration Accountable to: City Clerk FLSA Status: Non-exempt Nature of Work This position supports all departments while providing excellent customer service at the front desk of City Hall. Supervision Received and Exercised This position reports to the City Clerk and does not supervise any other position within the City. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Provide customer service to residents, contractors and the general public regarding information related to the City and/or refer them to the appropriate resource. •Provides administrative support to City departments, including: data entry, word processing, database design and administration, website administration, and reporting. •Coordinates specific programs for City departments, including: recycling, organics, and community activities. •Assist the City Clerk with the administration of elections, including: responding to general questions and processing of absentee ballots. •Handle cash receipts from customers. •Assists in the response to data requests as required under MN Data Practice regulations. •Maintain records according to the MN Records Retention schedule. The City of Orono is an Equal Opportunity Employer •Provide and facilitate exceptional customer service through caring, helpful, and professional contacts (in person, phone, e-mail, and in writing). •Provides, and sets the example for, excellent customer service. Required Knowledge, Skills and Abilities Knowledge: •Clerical — Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Computers and Electronics — Knowledge of electronic equipment, and computer hardware and software, including applications and programming. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Speaking — Talk to others to convey information effectively. •Service Orientation — Look for ways to help people. •Writing — Communicate effectively in writing as appropriate for the needs of the audience. Abilities: •Written Comprehension — Able to read and understand information and ideas presented in writing. •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Speech Recognition — Able to identify and understand the speech of another person. •Written Expression — Able to communicate information and ideas in writing so others will understand. The City of Orono is an Equal Opportunity Employer Minimum Requirements •High School Diploma or equivalent. •Three (3) years of practical experience in a position of similar complexity, or equivalent combination of education in clerical, secretarial, or office management fields and experience. •Notary public or ability to obtain licensure. Desirable Qualifications •Two (2) or four (4) years post-secondary education. •Work experience in municipal government, document management/imaging technology and/or IT desirable. •Municipal Clerk Certification. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Administrative Assistant Department: Administration Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Administration - Administrative Assistant - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☐☒ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☒☐☐ Walking ☐☒☐☐ Bending ☐ ☒☐☐ Stooping ☐ ☒☐☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐ ☒☐☐ Pulling, pushing ☐ ☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Administration - Administrative Assistant - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: City Administrator Document Date: January 1, 2016 Department: Administration Accountable to: City Council FLSA Status: Exempt Nature of Work Appointed by the City Council to advise the Council regarding the policies, affairs, financial conditions, governmental requirements and other needs of the City. Responsible for carrying out the policies and directives of the Council, including any purchasing functions. Administrator represents the City in agreements, responsible for supervising all employees and managing the budget. Supervision Received and Exercised Administrator supervises and directs the administrative affairs of the City, all departments and contractors. Administrator reports to the City Council. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Assist the Council in identifying the vision and values of Orono and persistently guide Council and staff to achieve the desired future. •Assist in developing and administering the strategic plans for the City, which include: comprehensive plan (transportation, shore-land management, parks, sanitary sewers, and general development areas and long-range capital plan). •Coordinate with other governmental agencies on strategic needs of the City to facilitate effective project management and identify fiscal resources. •Facilitate intergovernmental cooperation with neighboring communities and other government and non-profit partners, including shared services and other cooperative ventures. The City of Orono is an Equal Opportunity Employer •Foster healthy working relationships between Council, staff, the public, and other community and consulting partners. •Conducts performance evaluations of each sergeant and other personnel directly subordinate. •Makes recommendations for hiring, promotions, transfers, demotions or specialized training. •Represents the City at public meetings or gatherings and presents a positive and professional image. •Develops long and short-range objectives consistent with the mission and goals of the organization. •Develops policies and procedures which ensure the most effective and efficient achievement of organizational objectives utilizing management information and other available resources. •Provides, and sets the example for, excellent customer service. •Develop and recommend departmental policies and procedures for effective operation of the City and ensure council actions are implemented. •Plan, coordinate and review the activities of the city including supervision of staff. •Investigate citizen complaints and respond to citizen requests and issues. Required Knowledge, Skills and Abilities Knowledge: •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •Personnel and Human Resources — Knowledge of principles and procedures for personnel recruitment, selection, training, compensation and benefits, labor relations and negotiation, and personnel information systems. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. Skills: •Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. •Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Speaking — Talk to others to convey information effectively in large and small group setting. •Coordination — Adjust actions in relation to others' actions. The City of Orono is an Equal Opportunity Employer Abilities: •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Written Comprehension —Able to read and understand information and ideas presented in writing. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. •Speech Clarity — Able to speak clearly so others can understand you. Minimum Requirements •Bachelor’s Degree in Public or Business Administration. •Five (5) to seven (7) years of experience in responsible public management position working with elected officials. Desirable Qualifications •Master’s Degree in Public or Business Administration. •Experience dealing with public operational issues including finance and human resources. •ICMA credentialed manager. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: City Administrator Department: Administration Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Administration - City Administrator - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☐☒ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☒☐☐ Walking ☐☒☐☐ Bending ☐ ☒☐☐ Stooping ☐ ☒☐☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐ ☒☐☐ Pulling, pushing ☐ ☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Administration - City Administrator - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: City Clerk Document Date: January 1, 2016 Department: Administration Accountable to: City Administrator FLSA Status: Exempt Nature of Work Perform the statutory responsibilities of municipal clerk as prescribed by state law and city ordinances; oversee the operations of elections, official records management, and municipal licenses and permits. Lead the front office customer service team in the professional daily operation of City Hall. Provide exceptional service to the public and support all departments on a wide variety of projects and tasks. Supervision Received and Exercised Work is performed with limited supervision from the City Administrator. This position supervises administrative support personnel within the City including temporary administrative and election staff. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Responsible for records management according to MN Data Practice regulations and MN Records Retention schedule. •Respond to data requests as required under MN Data Practice regulations. •Administer preparation of the agenda and packet for board meetings and prepare the meeting minutes. •Prepare and coordinate legal publications in compliance with state statutes and local ordinances. •Direct license and permit issuance and prepare related reports for Council. The City of Orono is an Equal Opportunity Employer •Administer and supervise all elections according to State Statute, including: recruitment and training of judges, diagnostic testing and coordination of maintenance, programming and operation of hardware, establishment of precincts, organization of polling places, management of absentee ballot process, maintenance of voter registration files, organization of supplies and supervision of election day procedures and activities. •Manage regulatory functions of local elections, including: candidate filling, campaign financial reporting, certification of candidates, ballot questions and filing of election results with Hennepin County. •Manage and/or coordinate special studies and projects as requested. •Oversee specific programs for City departments, including: recycling, organics, and community activities. Prepare related grant reports and reimbursement requests. •Oversee the preparation, production and maintenance of City communications including Newsletter, Website and other informational material. •Research, assemble information and compose reports, memos and correspondence and review administrative documents for clerical accuracy. •Provide and facilitate exceptional customer service through caring, helpful, and professional contacts (in person, phone, e-mail, and in writing). •Research, design, implement and evaluate effective processes for communication including telephone and voice mail systems, e-mail, memos, bulletin boards, mail, web site, newsletters, etc. Required Knowledge, Skills and Abilities Knowledge: •Clerical — Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. Skills: •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Speaking — Talk to others to convey information effectively. •Writing — Communicate effectively in writing as appropriate for the needs of the audience. •Coordination — Adjust actions in relation to others' actions. The City of Orono is an Equal Opportunity Employer Abilities: •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Written Comprehension — Able to read and understand information and ideas presented in writing. •Written Expression — Able to communicate information and ideas in writing so others will understand. •Near Vision — Able to see details at close range (within a few feet of the observer). Minimum Requirements •Two (2) years post-secondary education. •Three (3) years’ experience performing duties associated with the function of the City Clerk's Office. •Notary public or ability to obtain licensure. •Minnesota Municipal Clerk Certification or ability to obtain certification within 3 years. •Valid MN driver's license. Desirable Qualifications •Demonstrated knowledge and experience working with elections and records management is highly desired. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: City Clerk Department: Administration Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Administration - City Clerk - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐ ☐☒☐ Stooping ☐ ☐☒☐ Climbing stairs ☐ ☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐ ☐☒☐ Pulling, pushing ☒☐☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Administration - City Clerk - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Accountant Document Date: January 1, 2016 Department: Finance Accountable to: Finance Director FLSA Status: Exempt Nature of Work The primary duties and responsibilities for the Accountant include providing assistance to the Finance Department in the areas listed below, as well as additional duties as assigned. Supervision Received and Exercised This position reports to the Finance Director and may guide the work of the Payroll and Utility Billing Clerk. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Perform data entry and reconciliation to complete the Accounts Payable process, including: reviewing of coding, data entry, G/L reconciliation and reporting. •Oversee all aspects of the Accounts Receivable and Cash Receipting processes, including: review of data entry completed by support staff and reporting. •Prepare bank deposits and daily and monthly reconciliation of cash. •Assist with maintenance of the general ledger, including: preparation of journal entries, ledger reconciliation and reporting. •Assist in facilitating the annual financial audit, including: preparing work papers, communications with audit team and preparation of the CAFR, in accordance with the GFOA’s Award for Excellence in Financial Reporting. The City of Orono is an Equal Opportunity Employer •Assist in preparation of the annual budget and ongoing reporting, including: preparation of budget worksheets and reports for department directors and the City Council, facilitate preparation of the budget document and submission for the GFOA’s Distinguished Budget Presentation Award Program and participation at budget workshops. •Participate in preparation of the Capital Improvements Plan, including: attendance at workshops, providing economic and budget impact statements to departments as needed, preparation five-year projections for selected departments and assisting the Finance Director in drafting the plan. Required Knowledge, Skills and Abilities Knowledge: •Economics and Accounting — Knowledge of economic and accounting principles and practices, the financial markets, banking and the analysis and reporting of financial data. •Mathematics — Knowledge of arithmetic, algebra, statistics, and their applications. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Clerical — Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. •Computers and Electronics — Knowledge of electronic equipment, and computer hardware and software, including applications and programming. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Mathematics — Use mathematics to solve problems. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Writing — Communicate effectively in writing as appropriate for the needs of the audience. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. Abilities: •Mathematical Reasoning — Able to choose the right mathematical methods or formulas to solve a problem. Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Written Comprehension — Able to read and understand information and ideas presented in writing. •Number Facility — Able to add, subtract, multiply, or divide quickly and correctly. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. The City of Orono is an Equal Opportunity Employer Minimum Requirements •Bachelor’s Degree in Accounting, Finance, or Business. •Three (3) years of related experience, or equivalent training and experience. Desirable Qualifications •Three (3) years of related experience in municipal government desirable. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Accountant Department: Finance Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Finance - Accountant - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☒☒ Talking ☐ ☐ ☒☐ Standing ☐ ☒☐☐ Walking ☐☒☐☐ Bending ☐☒☐☐ Stooping ☐☒☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☒☐☐☐ Crouching ☒☐☐☐ Crawling ☒☐☐ ☐ Balancing ☒☐☐☐ Reaching overhead ☒☐☐☐ Pulling, pushing ☒☐☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☒☐☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Finance - Accountant - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Finance Director Document Date: January 1, 2016 Department: Finance Accountable to: City Administrator FLSA Status: Exempt Nature of Work Serves as Chief Financial Officer of the City and is directly responsible for the following functions: Finance, Purchasing, Information Technology, and Risk Management. Provides strategic leadership for all aspects of budget preparation and reporting, financial planning, and debt management. Contributes to excellent organizational performance and customer service, and serves as a key member of the management team. Supervision Received and Exercised This position reports to the City Administrator and supervises the work of the Finance Department staff. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Provides the overall administration and management direction for the daily financial affairs of the City. •Oversees, designs, and manages systems for bill payment, receipt and deposit of monies, cash flow management, utility billing, payroll, fixed assets, special assessments, and selection of City’s banking services. •Manages the preparation of the annual budget and Capital Improvement Plan for the City. •Oversees the preparation of the City’s comprehensive annual financial report, ensuring the report is prepared in accordance with the requirements of the GFOA’s Certificate of Achievement for Excellence in Financial Reporting Program. •Manages the City’s relationship with its external auditors. •Provides for the investment of all City funds. The City of Orono is an Equal Opportunity Employer •Provides for and administers the City’s debt. •Provides financial support, and knowledge, to other members of the City management team. •Provides support to the City Council as part of the staff management team. •Manages all aspects of the Finance Department, including personnel, the budget, department quality and accuracy, public relations, continuing education, provision of information, safety, and records management. •Manages the Information Technology function including the City’s network and data communications infrastructure, the development of new technologies for all City functions, and the management and security all data maintained by the City. •Manages the purchasing function for the City, ensuring that all purchases are done in accordance with the current administrative policies. •Administers required financial reporting for the City to outside agencies as required. Required Knowledge, Skills and Abilities Knowledge: •Economics and Accounting — Knowledge of economic and accounting principles and practices, the financial markets, banking and the analysis and reporting of financial data. •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •Mathematics — Knowledge of arithmetic, algebra, statistics, and their applications. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. Skills: •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. •Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. •Management of Financial Resources — Determine how money will be spent to get the work done, and accounting for these expenditures. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Speaking — Talk to others to convey information effectively in large and small group settings. Abilities: •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. •Inductive Reasoning — Able to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events). The City of Orono is an Equal Opportunity Employer •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. Minimum Requirements •Bachelor’s degree in finance, accounting, economics or related field. •Five (5) years of progressively responsible professional experience in accounting, at least three (3) years of which are municipal-related. Desirable Qualifications •Certified Public Accountant (CPA) or Certified Public Finance Officer (CPFO). Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Director of Finance Department: Finance Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Finance - Director of Finance - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☒☐☐ Bending ☐☒☐☐ Stooping ☐☒☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐☒☐☐ Crouching ☒☐☐☐ Crawling ☒☐☐ ☐ Balancing ☒☐☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☒☐☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Finance - Director of Finance - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: IT Technician Document Date: January 1, 2016 Department: Finance Accountable to: Finance Director FLSA Status: Exempt Nature of Work This position is responsible for the coordination, installation, and maintenance of the City’s technology-related hardware, software, and networking systems, including minor phone system changes. Supervision Received and Exercised This position reports to the Finance Director and does not supervise other positions. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Install, configure and maintain PC and PC related hardware, network printers, and software applications. •Assist network consultants in the maintenance of file servers and perform and monitor daily backups. •Troubleshoot end user connectivity errors and PC application and network printer errors. •Management of software patching and deployment. •Provide/Coordinate user training. •Develop and maintain directory structure. •Research, recommend, and order hardware and software. •Setup Exchange email accounts, contacts and distribution lists and setup user accounts on domain. •Perform security scans and ensure compliance with LOGIS security policy. •Police squad videos, downloads and file management. The City of Orono is an Equal Opportunity Employer •Maintain Police property room hardware/software, remote connections, IP phone system, and computer hardware/software inventory. Required Knowledge, Skills and Abilities Knowledge: •Computers and Electronics — Knowledge of electronic equipment, and computer hardware and software, including applications, programming, networks and security and file rights. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. Skills: •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. Able to prioritize problems by level of need. •Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. •Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to make improvements or take corrective action. Abilities: •Written Comprehension — Able to read and understand information and ideas presented in writing. •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. Minimum Requirements •Technical degree or certification in computer science, data processing, microcomputers, or related field required. •Two (2) years of experience in a technical computer support position, including troubleshooting hardware and software problems in a Windows Server environment. The City of Orono is an Equal Opportunity Employer Desirable Qualifications •Knowledge of a Windows Server 2008 network environment. •Experience with most of the following products; MS Windows 8, Outlook 2007, MS Office applications, Etrust security software. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: IT Technician Department: Finance Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Finance - IT Technician - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☐☒☐ Stooping ☐☒☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☐☐☒☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☐☒☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Finance - IT Technician - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Payroll/Utility Billing Specialist Document Date: January 1, 2016 Department: Finance Accountable to: Finance Director FLSA Status: Non-exempt Nature of Work This position supports the Finance and Utilities Department in providing entry-level accounting work. Supervision Received and Exercised This position reports to the Finance Director and does not supervise other employees. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Responsible for the payroll process, including: compilation and recording of employee time and payroll data, compute employees' time worked, post wages and deductions, or prepare paychecks. •Complete quarterly and annual payroll tax reports. •Responsible for maintaining and updating the City’s utility billing database, including: creating and updating customer account records, respond to billing inquires, reconcile customer accounts, coordinate the transfer of utility services for change in property ownership, schedule meter readings as needed, process billing statements, process payments on utility accounts, reconcile utility billing register and prepare quarterly journal entries. •Assist in preparing year-end audit work papers, and participate in the City’s annual audit, including: reconciliation of year-end utility billing receivables, general ledger accounts related to payroll liabilities and fixed asset records. The City of Orono is an Equal Opportunity Employer •Assist with benefits administration by serving as the liaison between city employees and benefit providers. Required Knowledge, Skills and Abilities Knowledge: •Clerical — Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, designing forms, and other office procedures and terminology. •Personnel and Human Resources — Knowledge of principles and procedures for compensation and benefits and personnel information systems. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Mathematics — Knowledge of arithmetic, algebra, statistics, and their applications. •Computers and Electronics — Knowledge of electronic equipment, and computer hardware and software, including applications and programming. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Speaking — Talk to others to convey information effectively. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Coordination — Adjust actions in relation to others' actions. •Time Management — Manage one's own time and the time of others. •Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to make improvements or take corrective action. Abilities: •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Speech Recognition — Able to identify and understand the speech of another person. •Speech Clarity — Able to speak clearly so others can understand you. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. •Written Expression — Able to communicate information and ideas in writing so others will understand. •Written Comprehension — Able to read and understand information and ideas presented in writing. •Discretion – Able to maintain confidential information. The City of Orono is an Equal Opportunity Employer Minimum Requirements •High School Diploma or equivalent. Desirable Qualifications •Previous experience with benefits administration and payroll processing. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Payroll and Utility Billing Clerk Department: Finance Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Finance - Payroll and Utility Billing Clerk - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☐☒ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☐☒☐ Stooping ☐☒☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☐☒☐ ☐ Kneeling, squatting ☐☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☐☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Finance - Payroll and Utility Billing Clerk - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Administrative Support Assistant Document Date: January 1, 2016 Department: Planning and Building Accountable to: Community Development Director FLSA Status: Non-exempt Nature of Work This position supports the Building and Zoning Department. Supervision Received and Exercised This position reports to the Community Development Director and does not supervise any other position within the City. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Provide customer service to residents, contractors and the general public regarding information related to the City and/or refer them to the appropriate resource. •Provides administrative support to City departments, including: data entry, word processing, database design and administration, website administration, and reporting. •Administers license and permit programs, including: scheduling inspections, records, and processing forms. •Maintains city address database, including: assignment of new addresses and updates to City maps. •Handle cash receipts from customers. •Assists in the response to data requests as required under MN Data Practice regulations. •Maintain records according to the MN Records Retention schedule. •Provide and facilitate exceptional customer service through caring, helpful, and professional contacts (in person, phone, e-mail, and in writing). •Provides, and sets the example for, excellent customer service. The City of Orono is an Equal Opportunity Employer Required Knowledge, Skills and Abilities Knowledge: •Clerical — Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Computers and Electronics — Knowledge of electronic equipment, and computer hardware and software, including applications and programming. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Speaking — Talk to others to convey information effectively. •Service Orientation — Look for ways to help people. •Writing — Communicate effectively in writing as appropriate for the needs of the audience. Abilities: •Written Comprehension — Able to read and understand information and ideas presented in writing. •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Speech Recognition — Able to identify and understand the speech of another person. •Written Expression — Able to communicate information and ideas in writing so others will understand. Minimum Requirements •High School Diploma or equivalent. •Three (3) years of practical experience in a position of similar complexity, or equivalent combination of education in clerical, secretarial, or office management fields and experience. •Notary public or ability to obtain licensure. Desirable Qualifications •Two (2) or four (4) years post-secondary education. •Work experience in municipal government, document management/imaging technology and/or IT desirable. The City of Orono is an Equal Opportunity Employer •Municipal Clerk Certification. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Administrative Assistant Department: Planning and Building Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Planning and Building - Administrative Assistant - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☐☒ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☒☐☐ Walking ☐☒☐☐ Bending ☐ ☒☐☐ Stooping ☐ ☒☐☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐ ☒☐☐ Pulling, pushing ☐ ☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Planning and Building - Administrative Assistant - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Building Official Document Date: January 1, 2016 Department: Planning & Building Accountable to: Community Development Director FLSA Status: Exempt Nature of Work This Building Official position is responsible for managing all activities related to ensuring compliance with building standards. Supervision Received and Exercised Work is performed with limited guidance and direction from the Community Development Director. This position supervises the building inspection staff/contractor to achieve effective delivery of service for residential and commercial development. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Plan, program, direct and participate in all building service activities associated with setting and ensuring compliance with building standards. •Perform, plan, organize, direct, and review the operations and activities of building inspections. •Review building plans for conformance with the code provisions and approve plans/ specifications as necessary, perform plan checks for energy, plumbing, mechanical, accessibility, and other codes. •Enforce City zoning ordinances. •Advise homeowners, builders, architects, contractors, residents and others concerning building code provisions and construction methods including minimum standards of construction and materials. •Manage the City’s individual on-site Septic System Program. The City of Orono is an Equal Opportunity Employer •Review plans and specifications for on-site septic systems, inspect installations and keep records. •Prepare complex reports and letters. •Assist staff in resolving technical questions relating to various code requirements. •Make presentations to the City Council, commissions and other groups. •Explain city polices to the public, developers and builders. •Develop and implement goals, objectives, policies and priorities. •Establish and maintain relationships with appropriate government bodies, private firms, organizations or individuals to assist in achieving City objectives and ensuring compliance with appropriate laws and development standards. •Assist in resolving disputes between the City and contractors. •Advise the City Administrator, Community Development Director, Director of Public Works and other department heads on building services activities. Required Knowledge, Skills and Abilities To perform this position successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skills, and/or abilities required. Knowledge: •Building and Construction — Knowledge of materials, methods, and the tools involved in the construction or repair of houses, buildings, or other structures such as highways and roads. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Engineering and Technology — Knowledge of the practical application of engineering science and technology. This includes applying principles, techniques, procedures, and equipment to the design and production of various goods and services. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Speaking — Talk to others to convey information effectively. •Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. The City of Orono is an Equal Opportunity Employer Abilities: • Inductive Reasoning — Able to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events). • Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. • Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. • Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. • Oral Expression — Able to communicate information and ideas in speaking so others will understand. Minimum Requirements • High School Diploma or equivalent. • Possession of MN Building Official Certificate. • Seven (7) years of experience in building code administration, building inspection standards, development and plan checking. • Individual Septic Treatment System Inspector Certificate. • Valid Minnesota driver’s license. Desirable Qualifications • Bachelor’s or Associate’s Degree in a related field. • Five (5) years of experience administering and inspecting on-site individual septic treatment systems. • Three (3) years of supervisory experience. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Building Official Department: Planning and Building Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Planning and Building - Building Official - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☐☒☐ Stooping ☐☐☒☐ Climbing stairs ☐☐☒☐ Climbing ladders ☐☒☐ ☐ Kneeling, squatting ☐☒☐☐ Crouching ☐☒☐☐ Crawling ☒☐☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☒☐☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☐☒☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Planning and Building - Building Official - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: City Planner Document Date: January 1, 2016 Department: Planning & Building Accountable to: Community Development Director FLSA Status: Exempt Nature of Work Administers City zoning ordinances, land use controls and provides planning assistance to the Planning Commission and City Council. Supervision Received and Exercised The City Planner reports to the Community Development Director. This position is not responsible for supervising other positions, however, the City Planner may guide the work of the Planning Assistant. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Performs comprehensive reviews of complex variance, conditional use permit, subdivision, PUD, and other land use applications. Prepares reports and makes presentations to the Planning Commission and City Council on land use applications. Provides follow-up to applications including written and verbal communication with applicants, developers, engineers, architects, attorneys, realtors, etc. Drafts resolutions for adoption by City Council. •Assists in the implementation of the City’s conservation design requirements. •Provides information to the public on all aspects of City planning and zoning ordinances relating to residential and commercial development. •Identifies and develops amendments to the Zoning and Subdivision Codes as required, and prepares reports and drafts ordinances for adoption by the City Council. The City of Orono is an Equal Opportunity Employer •Responsible for implementation of the Comprehensive Plan and other long-range planning documents in a manner consistent with City policies. •Conducts and coordinates planning studies and projects. May be assigned to special projects in the Planning area as the need arises. •Monitors activities of state, regional and local agencies and organizations and participates when appropriate in preparation of policies which affect local decision making. •Represents City on task forces, committees, or meetings involving planning issues. Contacts may include Federal, State, regional and local agencies as well as adjacent municipalities. •Researches zoning and planning issues as needed to provide information requested by the public, other agencies, City Council or City staff. •Use of Geographical Information Systems in land use and planning applications. •Code enforcement activity as necessary. Required Knowledge, Skills and Abilities Knowledge: •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. •Geography — Knowledge of principles and methods for describing the features of land, sea, and air masses, including their physical characteristics, locations, interrelationships, and distribution of plant, animal, and human life. •Communications and Media — Knowledge of media production, communication, and dissemination techniques and methods. This includes alternative ways to inform and entertain via written, oral, and visual media. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. •Speaking — Talk to others to convey information effectively. The City of Orono is an Equal Opportunity Employer Abilities: •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Written Comprehension — Able to read and understand information and ideas presented in writing. •Written Expression — Able to communicate information and ideas in writing so others will understand. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. Minimum Requirements •Bachelor’s Degree in Land Use/Community Planning, Resource Management or a related field. •Two (2) years of related experience. Desirable Qualifications •Two (2) years of related experience in a municipal setting. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: City Planner Department: Planning and Building Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Planning and Building - City Planner - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☐☒ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☐☒ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☒☐☐ Stooping ☐☒☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☐☒☐ ☐ Kneeling, squatting ☐☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☐☒☐☐ Shoveling ☐☒☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☐☒☐ ☐ Lifting – over 50 pounds ☐☒☐☐ Planning and Building - City Planner - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Community Development Director Document Date: January 1, 2016 Department: Planning & Building Accountable to: City Administrator FLSA Status: Exempt Nature of Work This position provides leadership in the Planning & Building Department and is responsible for managing the effective delivery of service relating to all development with the City of Orono. Supervision Received and Exercised Work is performed independently with guidance and direction from the City Administrator. This position supervises Building & Planning staff to achieve effective delivery of service for residential and commercial development. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Supervise the development review process from submittal of land use (i.e. rezoning, subdivision, variance, CUP, site plan) applications, through analysis of project proposals, preparation of staff reports and recommendations, oversee the administering of construction drawings and issuance of building permits, and building inspections. •Provide leadership to Building & Planning staff including assigning work, evaluating performance, and defining duties and levels of expected performance for employees. Instill, develop, and encourage key organizational values of customer service, responsiveness, teamwork, innovation and excellence. •Study and determine standardized work procedures to expedite workflow, increase efficiency and effectiveness of operations to accomplish thorough, consistent, and timely review of development proposals. The City of Orono is an Equal Opportunity Employer •Coordinate the work of consultant inspectors and planners when needed to address strategic issues. •Provide planning expertise to address a wide range of issues, problems and projects. •Monitor land use planning in adjacent cities, and identifies issues and trends that could impact Comprehensive Plan amendments, zoning changes, and development proposals. •Provide guidance and monitor activities of the Planning Commission. •Review current development proposals for compliance with codes and ordinances. •Visit sites to gather information for projects. •Respond to public inquiries concerning City land use plans, policies, and ordinances and development review procedures in a positive and courteous manner. •Meet with developers, architects, and engineers to evaluate current development review proposals. •Responsible for the preparation of recommendations, background reports, documents and presentations to the Planning Commission, City Council and others as appropriate. •Review and research existing ordinances in order to identify inadequacies and determine need for amendments or new ordinances. •Plan and coordinate the process for the periodic update of the Comprehensive Plan, and provide staff leadership to ensure the Comprehensive Plan update is completed in a thorough and timely manner. •Insure the maintenance of accurate and complete records of departmental activities related to licenses, permits, development projects and special studies, and the production of related maps and diagrams. •Develop an annual budget covering all functions of the Building and Planning Department, and monitor expenditures to ensure compliance with the budget. Assure effective and efficient use of budgeted funds, personnel, materials, facilities and time. •Administer grants and apply for new grants and awards as apparent or assigned. Required Knowledge, Skills and Abilities Knowledge: •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •Personnel and Human Resources — Knowledge of principles and procedures for personnel recruitment, selection, training, compensation and benefits, labor relations and negotiation, and personnel information systems. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. The City of Orono is an Equal Opportunity Employer Skills: •Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. •Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Speaking — Talk to others to convey information effectively. •Coordination — Adjust actions in relation to others' actions. Abilities: •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Written Comprehension — Able to read and understand information and ideas presented in writing. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. •Speech Clarity — Able to speak clearly so others can understand you. Minimum Requirements •Bachelor’s Degree in Urban Planning or closely related field. •Six (6) years of progressively responsible municipal government experience in planning related activities or combination of municipal and comparable private sector or other government experience. Master’s Degree may be substituted for up to two (2) years of required experience. •Valid Minnesota driver’s license. Desirable Qualifications •Masters degree in Urban Planning or closely related field. •AICP certification. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Community Development Director Department: Planning and Building Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Planning and Building - Community Development Director - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☒☐☐ Stooping ☐☒☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐☒☐☐ Crouching ☐☒☐☐ Crawling ☒☐☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☐☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☒☐☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Planning and Building - Community Development Director - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Planning Assistant Document Date: January 1, 2016 Department: Planning & Building Accountable to: Community Development Director FLSA Status: Non-exempt Nature of Work Acts as the first public contact for the Planning Department as well as provides general planning and zoning assistance to property owners, developers and contractors to facilitate successful development projects, compatible with the City's Comprehensive Plan and in conformance with the Zoning Ordinances. Supervision Received and Exercised The Planning Assistant reports to the Community Development Director and does not supervise any other position within the City. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Assists in providing written and verbal communication by providing general information to the public on all aspects of City planning and zoning ordinances as well as wetland and floodplain information relating to residential and commercial development. •Ensures all agenda/informational packets for the Planning Commission and land use items for the City Council are prepared for the Administration Department to copy, assemble and distribute in a timely manner. •Manages the Joint Use Dock, Home Occupation, Oversize Vehicle and Marina licensing programs including but not limited to file management, reporting, mailing and receiving applications, site inspections and staff reports to the Council. The City of Orono is an Equal Opportunity Employer •Provides administrative support, including: drafting documents, informational brochures, and other correspondence and assists with site photographs and preparation of staff presentations. •Conducts research from the City’s files on properties for Planning Staff, other City Staff, real estate professionals, residents, etc. related to zoning issues. •Conducts research on land use and zoning codes using resources such as the internet as needed. •Assists in the administration of the Code Enforcement program. •Drafts and manages official Legal Notices monthly and as needed. •Maintain zoning applications, forms and related documents throughout the application process. •May review and sign permits, as authorized. Required Knowledge, Skills and Abilities Knowledge: •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Geography — Knowledge of principles and methods for describing the features of land, sea, and air masses, including their physical characteristics, locations, interrelationships, and distribution of plant, animal, and human life. •Design — Knowledge of design techniques, tools, and principles involved in production of precision technical plans, blueprints, drawings, and models. Skills: •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Speaking — Talk to others to convey information effectively. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. Abilities: •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Speech Clarity — Able to speak clearly so others can understand you. The City of Orono is an Equal Opportunity Employer •Written Comprehension — Able to read and understand information and ideas presented in writing. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. Minimum Requirements •High School Diploma or equivalent. •Six (6) years of experience managing an office in a fast paced, dynamic environment. Desirable Qualifications •Six (6) years of municipal experience. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Planning Assistant Department: Planning and Building Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Planning and Building - Planning Assistant - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☐☒☐ Stooping ☐☐☒☐ Climbing stairs ☐☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☒☐☐☐ Crouching ☐☒☐☐ Crawling ☒☐☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☐☒☐☐ Shoveling ☐☒☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☒☐☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Planning and Building - Planning Assistant - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Senior City Planner Document Date: January 1, 2016 Department: Planning & Building Accountable to: Community Development Director FLSA Status: Exempt Nature of Work Administers City zoning ordinances, land use controls and provides planning assistance to the Planning Commission and City Council. Supervision Received and Exercised The Senior Planner reports to the Community Development Director. This position is not responsible for supervising other positions, however, the Senior City Planner may guide the work of the City Planner and Planning Assistant. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Performs comprehensive reviews of complex variance, conditional use permit, subdivision, PUD, and other land use applications. Prepares reports and makes presentations to the Planning Commission and City Council on land use applications. Provides follow-up to applications including written and verbal communication with applicants, developers, engineers, architects, attorneys, realtors, etc. Drafts resolutions for adoption by City Council. •Assists in the implementation of the City’s conservation design requirements. •Provides information to the public on all aspects of City planning and zoning ordinances relating to residential and commercial development. •Identifies and develops amendments to the Zoning and Subdivision Codes as required, and prepares reports and drafts ordinances for adoption by the City Council. The City of Orono is an Equal Opportunity Employer •Responsible for implementation of the Comprehensive Plan and other long-range planning documents in a manner consistent with City policies. •Conducts and coordinates planning studies and projects. May be assigned to special projects in the Planning area as the need arises. •Monitors activities of state, regional and local agencies and organizations and participates when appropriate in preparation of policies which affect local decision making. •Represents City on task forces, committees, or meetings involving planning issues. Contacts may include Federal, State, regional and local agencies as well as adjacent municipalities. •Researches zoning and planning issues as needed to provide information requested by the public, other agencies, City Council or City staff. •Use of Geographical Information Systems in land use and planning applications. •May be assigned code enforcement activity as necessary. Required Knowledge, Skills and Abilities Knowledge: •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •Geography — Knowledge of principles and methods for describing the features of land, sea, and air masses, including their physical characteristics, locations, interrelationships, and distribution of plant, animal, and human life. •Communications and Media — Knowledge of media production, communication, and dissemination techniques and methods. This includes alternative ways to inform and entertain via written, oral, and visual media. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. •Speaking — Talk to others to convey information effectively. The City of Orono is an Equal Opportunity Employer Abilities: • Oral Expression — Able to communicate information and ideas in speaking so others will understand. • Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. • Written Comprehension — Able to read and understand information and ideas presented in writing. • Written Expression — Able to communicate information and ideas in writing so others will understand. • Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. Minimum Requirements • Bachelor’s Degree in Community Planning, Geography, Resource Management or a related field. • Three (3) to five (5) years of related experience. Desirable Qualifications • Six (6) to ten (10) years of related experience in a municipal setting. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Senior Planner Department: Planning and Building Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Planning and Building - Senior Planner - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☐☒ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☒☐☐ Stooping ☐☒☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☒☐☐☐ Crouching ☒☐☐☐ Crawling ☒☐☐ ☐ Balancing ☒☐☐☐ Reaching overhead ☐☒☐☐ Pulling, pushing ☐☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Planning and Building - Senior Planner - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Administrative Support Assistant Document Date: January 1, 2016 Department: Police Accountable to: Chief of Police FLSA Status: Non-exempt Nature of Work This position supports the Police Department. Supervision Received and Exercised This position reports to the Chief of Police and receives supervision from the Office Manager. This position does not supervise any other position within the City. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Ensure complete, timely entry and coding of data into existing RMS. Ensure compliance with legal requirements and policies regarding law enforcement information. •Maintain integrity of police records, databases and information pursuant to federal and state statutes and City of Orono policies. •Develop new and/or streamline existing processes for electronic data storage and retrieval, data analysis and information sharing to support directed patrol efforts and investigations – including development of spreadsheets and databases. •Process and organize professional work product including accurate, timely reports for prosecutors and police. •Ensure that all reports are accurate, approved by a supervisor, coded and distributed appropriately for optimum use and retention of information. •Ensure that all reports that are submitted for prosecution are typed, proofread and approved by a supervisor. •Streamline and implement a process for photo storage, retrieval and dissemination in cooperation with the investigative division. The City of Orono is an Equal Opportunity Employer •Design and prepare reports concerning police department operations, calls for service and crime statistics for police department members and supervisor, city administration, police commissions, contract cities and police department supervisors. •Collect and collate pertinent statistical data regarding police and crime statistics that may tend to identify and suggest implications for police procedures. •Ensure that the information collected by the Orono Police complies with legal requirements and the policies set by the entities that maintain and disseminate law enforcement records and information. (Comprehensive law enforcement data, records retention, etc.) •Provide reports to the public (media, insurance companies, etc.) in compliance with state statutes under the direction of the chief of police. •In cooperation with other designated city departments (IT support staff), ensure that all police department computers, software and peripherals operate at optimum efficiency by coordinating replacement, repair, security, user training and trouble-shooting. •Schedule squad cars for maintenance and repair. •Process reports on alcohol and tobacco compliance checks for businesses and city councils. •Conduct monthly validations of hot files entries and update records as needed. •Maintain records of false alarms. Send notifications to homeowners on a weekly basis and to each of the three municipalities for billing purposes on a monthly basis. •Police department liaison to Orono IT, Records Management System provider (LOGIS), Bureau of Criminal Apprehension (CJRS/CJIS), FBI (NCIC), Security System Administrator and Hennepin County Courts. •Ensure integrity of state and federal databases through policy implementation, training and documentation. •Conduct and review criminal history records for criminal case files, permits, licensing and background checks. •Transcribe case file narratives, statements, search warrants, correspondence, reports, etc. from voice recordings, direct dictations or drafts which are needed for investigation and prosecution ensuring a professional, accurate work project. •Streamline and implement process for the reproduction, storage and records of dissemination of data including data contained on DVDs, videotapes, digital voice recordings and photos and release as approved. Collect appropriate fees, provide receipts and maintain records regarding release of information. •Maintain users and information in the LiveScan system as a secondary administrator. Required Knowledge, Skills and Abilities Knowledge: •Clerical — Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. The City of Orono is an Equal Opportunity Employer •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Computers and Electronics — Knowledge of electronic equipment, and computer hardware and software, including applications and programming. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Speaking — Talk to others to convey information effectively. •Service Orientation — Look for ways to help people. •Writing — Communicate effectively in writing as appropriate for the needs of the audience. Abilities: •Written Comprehension — Able to read and understand information and ideas presented in writing. •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Speech Recognition — Able to identify and understand the speech of another person. •Written Expression — Able to communicate information and ideas in writing so others will understand. Minimum Requirements •High School Diploma or equivalent. •Two (2) years administrative support (clerical) experience in professional office. •Ability to obtain a Minnesota Bureau of Criminal Apprehension Terminal Operators Certification and Certification in State CJIS “Hot Files” as required. Desirable Qualifications •Two (2) or four (4) years post-secondary education. •Leadership and/or management training or experience. •Two (2) years of work experience in a professional office environment with more than ten employees. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Administrative Assistant Department: Police Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Police - Administrative Assistant - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☐☒ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☒☐☐ Walking ☐☒☐☐ Bending ☐ ☒☐☐ Stooping ☐ ☒☐☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☒☐☐ Reaching overhead ☐ ☒☐☐ Pulling, pushing ☐ ☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☐☒☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Police - Administrative Assistant - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Chief of Police Document Date: January 1, 2016 Department: Police Accountable to: City Administrator FLSA Status: Exempt Nature of Work As the Chief Administrative Officer of the Police Department, provides leadership for law enforcement in Orono which will command the respect and confidence of department personnel and citizens at all times. Plans, develops, and supervises a department of trained law enforcement officers to enforce the laws and ordinances for the protection of life and property, and for the preservation of law and order. Supervision Received and Exercised Work is performed independently with guidance and direction from the City Administrator. This position supervises Police Department staff, including: sergeants, office manager, administrative support positions and officers. The Chief has indirect responsibility, through the sergeants, for all police officers and other personnel assigned to the Police Department. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Staffs, organizes, supervises and trains personnel to assure law enforcement services are provided within the City which will command the respect and confidence of the citizens, preserve law and order, and protect life and property. •Delegates responsibility to subordinate officers in a manner which will remove uncertainty as to their responsibilities and the level of performance expected. •Reviews performance of subordinate officers as a basis for providing counsel and/or commendation for services rendered as justified. •Recommends to the City Administrator disciplinary action, when justified. The City of Orono is an Equal Opportunity Employer •Encourages supervisory personnel to similarly review performance of personnel assigned under their supervision. •Formulates and implements long and short-term goals for effective police services as well as developing and implementing plans and programs for their achievement. •Reviews and evaluates new concepts or approaches and determines their applicability to the City's police services. •Formulates and implements effective procedures and practices for directing and controlling the police function and assures their proper application. •Continually appraises the need for and modifies practices and promptly initiates any required effective action. •Monitors departmental performance and evaluates final results. •Formulates and develops sound budget programs that will insure fiscal responsibility in the carrying out of effective police programs. •Oversees the prompt and thorough investigation of all crimes and traffic accidents reported with the City and presents evidence to the proper authorities for prosecution as appropriate. •Follows up on complaints and other matters of public interest related to law enforcement. •Coordinates the City's emergency preparedness function as directed by the City Administrator. •May participate personally, as may be necessary during emergencies, in regular police work activity, such as making arrests, interrogating suspects, collecting and preserving evidence, etc. •Keeps City Administrator and other appropriate officials currently informed of police operations to insure a good understanding of programs and to improve the effective functioning of the Department. •Acts as a liaison between the Orono Police Department and other federal, state and local law enforcement authorities, and other organizations and groups that have potential impact on the Orono Police Department. •Performs other duties and responsibilities as apparent or assigned. •Heavy public contact. Must administer departmental business effectively and efficiently to assure that good public relations essential for effective law enforcement are maintained. Required Knowledge, Skills and Abilities Knowledge: •Personnel and Human Resources — Knowledge of principles and procedures for personnel recruitment, selection, training, compensation and benefits, labor relations and negotiation, and personnel information systems. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. The City of Orono is an Equal Opportunity Employer • Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and strategies to promote effective local, state, or national security operations for the protection of people, data, property, and institutions. • English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. • Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. • Psychology — Knowledge of human behavior and performance; individual differences in ability, personality, and interests; learning and motivation; psychological research methods; and the assessment and treatment of behavioral and affective disorders. Skills: • Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. • Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. • Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. • Speaking — Talk to others to convey information effectively. • Coordination — Adjust actions in relation to others' actions. • Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. • Management of Personnel Resources — Motivate, develop, and direct people as they work, identifying the best people for the job. Abilities: • Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. • Oral Expression — Able to communicate information and ideas in speaking so others will understand. • Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. • Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. • Written Comprehension — Able to read and understand information and ideas presented in writing. • Speech Clarity — Able to speak clearly so others can understand you. Minimum Requirements • Bachelor’s Degree in Law Enforcement. • POST Board Licensure. • Valid MN Driver’s License. • Five (5) to seven (7) years of experience in police leadership. The City of Orono is an Equal Opportunity Employer Desirable Qualifications •Master’s Degree in Public Administration, Management, Leadership or related field of study or comparable leadership training (FBI National Academy) within five (5) years of hire. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Police Chief Department: Police Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Police - Chief - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐☒☐ Walking ☐☐☒☐ Bending ☐☐☒☐ Stooping ☐☐☒☐ Climbing stairs ☐☒☐☐ Climbing ladders ☐☒☐ ☐ Kneeling, squatting ☐☐☒☐ Crouching ☐☒☐☐ Crawling ☐☒☐ ☐ Balancing ☐☐☒☐ Reaching overhead ☐☐☒☐ Pulling, pushing ☐☐☒☐ Shoveling ☐☒☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☐☒☐ Lifting – up to 30 pounds ☐☐☒☐ Lifting – up to 50 pounds ☐☒☐ ☐ Lifting – over 50 pounds ☐☒☐☐ Police - Chief - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☐Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☒Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Community Service Officer (CSO) Document Date: January 1, 2016 Department: Police Accountable to: Administrative Sergeant FLSA Status: Non-exempt Nature of Work The community service officer (CSO) is a non-sworn uniformed person who, under the direction of the Chief of Police or designee, coordinates and provides support services to the Orono Police Department, City of Orono, and contract cities. Supervision Received and Exercised Work is supervised by the Administrative Sergeant. This position is not responsible for supervising other positions, however a full-time CSO may guide the work of a part-time CSO. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Make complete, accurate, timely reports as required. •Routine response to calls (no emergency driving) for assistance on code violations, enforce parking ordinances as directed by Orono Police Officers. •Coordinate the recovery and inventory of lost, abandoned and confiscated bicycles including the storage, return, disposal and/or tagging of items to be auctioned. •Coordinate all animal control activities, including: respond to animal complaints, issues citations and licenses, apprehends and detains stray animals and collects applicable fees and fines and inspect kennels and stables, makes recommendations for licensing. •Responsible for the purchase and acquisition of department supplies and materials as directed. The City of Orono is an Equal Opportunity Employer • Coordinate and assist with the care and maintenance of department vehicles and equipment, including: SMART equipment, parking bay, squad equipment area, water tower storage area, department supply room, kennel area and other areas as requested. • Coordinate all department tours. • Administrative support functions, including: deliver and post notices as directed and delivery and pick up of mail. Examples of Work that will not be performed by a Community Service Officer: • Carry or handle any firearms unless directed to do so by a supervisor. • Operate a department vehicle with red lights or siren while driving. • Be assigned to duties which require training typically reserved for licensed police officers. • Process evidence or crime scenes or take statements. • Be involved in situations that present a danger or risk such as those situations associated with a licensed police officer, including: writing state motor vehicle accident reports, making custodial arrests, performing driver’s license pick-ups or warrant arrests, stopping traffic violators, performing bank runs or money escorts, handling cases in which a suspect is held in custody for a police officer, handling calls of crimes in progress, including domestics, or assisting at major felony cases unless called upon by a supervisor to assist. Required Knowledge, Skills and Abilities Knowledge: • Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. • Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and strategies to promote effective local, state, or national security operations for the protection of people, data, property, and institutions. • English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. • Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. • Education and Training — Knowledge of principles and methods for curriculum and training design, teaching and instruction for individuals and groups, and the measurement of training effects. Skills: • Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. • Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. • Speaking — Talk to others to convey information effectively. • Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. The City of Orono is an Equal Opportunity Employer •Judgment and Decision Making — Consider the relative costs and benefits of potential actions to choose the most appropriate one. •Social Perceptiveness — Be aware of others' reactions and understanding why they react as they do. •Coordination — Adjust actions in relation to others' actions. Abilities: •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. •Inductive Reasoning — Able to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events). •Speech Clarity — Able to speak clearly so others can understand you. Minimum Requirements •18 years of age. •High School Diploma or equivalent. •Valid MN Driver’s License. Desirable Qualifications •Currently enrolled in an approved law enforcement curriculum. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Community Service Officer Department: Police Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Police - Community Service Officer - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☐☒ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☐ ☒☐ Stooping ☐ ☒☐☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☐ ☒☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐ ☒☐☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☐☒☐ Reaching overhead ☐ ☐☒☐ Pulling, pushing ☐ ☒☐☐ Shoveling ☐ ☒☐☐ Lifting – up to 10 pounds ☐ ☐ ☐☒ Lifting – up to 20 pounds ☐ ☐ ☐☒ Lifting – up to 30 pounds ☐ ☐☐☒ Lifting – up to 50 pounds ☐ ☐☐ ☒ Lifting – over 50 pounds ☐☐☒☐ Police - Community Service Officer - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☒Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☒Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Deputy Chief Document Date: January 1, 2016 Department: Police Accountable to: Chief of Police FLSA Status: Exempt Nature of Work Provide senior level leadership, supervision, and direction within various divisions of the department. Assist and support the Chief of Police in the planning, coordination and supervision of Police Department personnel. Responsible for ensuring police protection to the City at all times, assuring the Department carries out its duties and responsibilities in a manner consistent with stated goals and objectives. The Deputy Chief assumes responsibility for the department in the absence of the Chief of Police. Supervision Received and Exercised Work is performed independently with guidance and direction from the Chief of Police. Supervises all Police Department sworn personnel below the level of Deputy Chief and provides indirect or functional supervision over all other department personnel. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Assists the Chief of Police in matters relative to the administration of the department. •Develops long and short-range objectives consistent with the mission and goals of the organization. •Develops policies and procedures which ensure the most effective and efficient achievement of organizational objectives utilizing management information and other available resources. Participates in communicating City and Department policies so each employee will have a clear understanding of such policies and the reason for them. The City of Orono is an Equal Opportunity Employer •Conducts performance evaluations of each sergeant and other personnel directly subordinate. •Conducts, delegates, and oversees administrative investigations and internal affairs investigations of alleged misconduct by employees. •Maintains liaison and working relationships with other City departments, law enforcement agencies and governmental organizations. •Responds on or off duty to major incidents and emergencies as deemed appropriate and indirectly supervises major criminal investigations. •Develops and maintains a working climate which motivates and results in a coordinated and effective work performance from each employee. •Makes recommendations for hiring, promotions, transfers, demotions or specialized training. •Assists in the preparation of departmental budget. •Represents the Police Department at public meetings or gatherings and presents a positive and professional image. •Oversees and may participate in the recruitment of departmental personnel and encourages continuing education and career development for all employees. Required Knowledge, Skills and Abilities Knowledge: •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. •Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and strategies to promote effective local, state, or national security operations for the protection of people, data, property, and institutions. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •Psychology — Knowledge of human behavior and performance; individual differences in ability, personality, and interests; learning and motivation; psychological research methods; and the assessment and treatment of behavioral and affective disorders. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Speaking — Talk to others to convey information effectively. •Coordination — Adjust actions in relation to others' actions. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Management of Personnel Resources — Motivate, develop, and direct people as they work, identifying the best people for the job. The City of Orono is an Equal Opportunity Employer Abilities: • Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. • Oral Expression — Able to communicate information and ideas in speaking so others will understand. • Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. • Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. • Written Comprehension — Able to read and understand information and ideas presented in writing. Minimum Requirements • Bachelor’s Degree in Law Enforcement or closely related field. • POST Board Licensure. • Valid MN Driver’s License. • Five (5) to seven (7) years of experience in police leadership. Desirable Qualifications • Master’s degree in Law Enforcement or closely related field. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Deputy Police Chief Department: Police Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Police - Deputy Chief - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐ ☒ ☐ Repetitive hand motion (such as typing) ☐ ☐ ☒ ☐ Hearing, listening ☐ ☐ ☐ ☒ Talking ☐ ☐ ☐ ☒ Standing ☐ ☒ ☐ ☐ Walking ☐ ☐ ☒ ☐ Bending ☐ ☐ ☒ ☐ Stooping ☐ ☒ ☐ ☐ Climbing stairs ☐ ☐ ☒ ☐ Climbing ladders ☐ ☒ ☐ ☐ Kneeling, squatting ☐ ☒ ☐ ☐ Crouching ☐ ☒ ☐ ☐ Crawling ☐ ☒ ☐ ☐ Balancing ☐ ☒ ☐ ☐ Reaching overhead ☐ ☒ ☐ ☐ Pulling, pushing ☐ ☒ ☐ ☐ Shoveling ☐ ☒ ☐ ☐ Lifting – up to 10 pounds ☐ ☐ ☒ ☐ Lifting – up to 20 pounds ☐ ☒ ☐ ☐ Lifting – up to 30 pounds ☐ ☒ ☐ ☐ Lifting – up to 50 pounds ☐ ☒ ☐ ☐ Lifting – over 50 pounds ☐ ☒ ☐ ☐ Police - Deputy Chief - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐ Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☒Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Office Manager Document Date: January 1, 2016 Department: Police Accountable to: Chief of Police FLSA Status: Exempt Nature of Work Lead the office/administrative and customer service support team in the professional daily operation of the Orono Police Department. Primary responsibility for police records, data management, and official department communications. Provide exceptional service to the public and support to the Orono Police Officers. Provide support to our criminal justice and community partners on a wide variety of projects and tasks. Supervision Received and Exercised Under the direction of the Chief of Police, this position supervises the administrative support personnel within the Police Department. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Organize and coordinate work and information flow to ensure accurate, timely and thorough processing of police records and data through efficient use of the Records Management System (RMS) and available databases. •Maintain integrity of police records, databases and information pursuant to federal and state statutes and City of Orono policies. •Process, and organize professional work product including accurate, timely reports for prosecutors and police. The City of Orono is an Equal Opportunity Employer •Ensure that the information collected by the Orono Police complies with legal requirements and the policies set by the entities that maintain and disseminate law enforcement records and information. (Comprehensive law enforcement data, records retention, etc.) •Provide reports to the public (media, insurance companies, etc.) in compliance with state statutes under the direction of the chief of police •Police department liaison to Records Management System provider (LOGIS), Bureau of Criminal Apprehension (CJRS/CJIS), FBI (NCIC), Terminal Agency Coordinator and System Administrator. •Provide and facilitate exceptional customer service through caring, helpful, and professional contacts (in person, phone, e-mail, and in writing). •Ensure regular business hours through adequate staffing of support personnel •Research, design, implement and evaluate effective processes for communication including telephone and voice mail systems, e-mail, memos, bulletin boards, mail, web site, newsletters, etc. •Design and adopt through policy, official police department forms, reports, and correspondence for use by both internal and external customers. •Determine needs, requirements, timetables, and priorities of assigned work projects; enlist collaboration through partnerships with police, city departments, and members of the public as assigned. •Assist supervisory staff in the development, publication, and implementation of the master schedule, including: under the direction of the administrative sergeant assist in maintaining minimum patrol staffing. •Transcribe case files narratives, statements, search warrants, correspondence, reports, etc. from voice recordings, direct dictations or drafts, which are needed for investigation and prosecution ensuring a professional, accurate work product. •Ensure proper management of permits and licensing documents, arrest and fingerprint records, warrants, police reports, city requirement permits, and related documents in accordance with legal requirements. Required Knowledge, Skills and Abilities Knowledge: •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Mathematics — Knowledge of arithmetic, algebra, geometry, calculus, statistics, and their applications. •Education and Training — Knowledge of principles and methods for curriculum and training design, teaching and instruction for individuals and groups, and the measurement of training effects. The City of Orono is an Equal Opportunity Employer • Computers and Electronics — Knowledge of circuit boards, processors, chips, electronic equipment, and computer hardware and software, including applications and programming. Skills: • Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. • Speaking — Talk to others to convey information effectively. • Coordination — Adjust actions in relation to others' actions. • Social Perceptiveness — Be aware of others' reactions and understanding why they react as they do. • Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. • Service Orientation — Look for ways to help people. • Writing — Communicate effectively in writing as appropriate for the needs of the audience. Abilities: • Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. • Oral Expression — Able to communicate information and ideas in speaking so others will understand. • Speech Clarity — Able to speak clearly so others can understand you. • Speech Recognition — Able to identify and understand the speech of another person. • Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. Minimum Requirements • Two (2) years post-secondary education in an accredited college or vo-tech. • Two (2) years administrative support (clerical) experience in professional office. environment with more than ten employees, or equivalent training and experience. • Ability to obtain a Minnesota Bureau of Criminal Apprehension Terminal Operators Certification and Certification in State CJIS “Hot Files” within six months of date of hire. Desirable Qualifications • Leadership and/or management training or experience. • Four (4) years post-secondary education in an accredited college or vo-tech. • Two (2) years of work experience in a professional office environment with more than ten employees. Physical Demands and Working Environment This position operates in an office environment, where employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Office Manager Department: Police Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Police - Office Manager - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☐☒ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☒☐☐ Walking ☐☒☐☐ Bending ☒☐☐☐ Stooping ☒☐☐☐ Climbing stairs ☐☒☐☐ Climbing ladders ☒☐☐ ☐ Kneeling, squatting ☒☐☐☐ Crouching ☒☐☐☐ Crawling ☒☐☐ ☐ Balancing ☒☐☐☐ Reaching overhead ☒☐☐☐ Pulling, pushing ☒☐☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐☐☒☐ Lifting – up to 20 pounds ☐☒☐☐ Lifting – up to 30 pounds ☒☐☐☐ Lifting – up to 50 pounds ☒☐☐ ☐ Lifting – over 50 pounds ☒☐☐☐ Police - Office Manager - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Police Officer Document Date: January 1, 2016 Department: Police Accountable to: Police Sergeant FLSA Status: Non-exempt Nature of Work To preserve peace and public safety and to protect life and property through the enforcement of local, state, and Federal laws, and by providing support and assistance during emergency or crisis situations in a manner which will command public respect and confidence at all times. Supervision Received and Exercised This position reports to the Sergeant and does not supervise other positions. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Patrol designated area to ensure preservation of peace and public safety. o Inspect persons, places, and property exposed to crime. o Identify, report, and/or correct hazards to public safety. o Provide services for public convenience. o Monitor and enforce compliance with laws. o Direct traffic. o Administer specialized tests to determine illegal drug or alcohol consumption. o Establish and maintain professional relationships with the general public. o Maintain a positive, visible law enforcement presence in the community. •Identify, apprehend, and assist in the prosecution of suspected violators of the law. o Respond to and document reports of crime. o Legally stop, detain, identify, and search persons suspected of criminal activity. o Plan, conduct, coordinate, and document investigations of possible criminal activity. The City of Orono is an Equal Opportunity Employer o Interview, question, and/or interrogate victims/complainants, witnesses, informants, and suspects of possible criminal activity. o Transcribe notes and recordings into formal written reports which are timely, accurate and complete. o Collect and preserve evidence. o Coordinate case preparation with assigned prosecutors, law enforcement, and other personnel. o Execute search and/or arrest warrants, using only the appropriate level of physical force. o Testify in court. o Refer victims/complainants to appropriate service agencies. o Gather intelligence and other information relating to possible criminal activity. o Conduct surveillance operations. •Respond to emergency, non-emergency, and crisis situations. o Establish control during unusual incidents or civil disorders. o Assist in calming neighborhood and family disputes, and appropriate referrals. o Administer first aid to the sick and injured consistent with current level of training. •Perform other related duties as required or assigned. o Instruct entry-level personnel as assigned. o Acquire and maintain specialized knowledge or skill areas. o Instruct others during training sessions, classes, and group meetings. o Analyze, organize, and present intelligence and other information relating to suspected criminal activity. o Reconstruct incidents using mathematical, computer, and other techniques. o Perform background investigations (liquor licenses, employment applicants, etc.) as requested. Required Knowledge, Skills and Abilities Knowledge: •Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and strategies to promote effective local, state, or national security operations for the protection of people, data, property, and institutions. •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Psychology — Knowledge of human behavior and performance; individual differences in ability, personality, and interests; learning and motivation; psychological research methods; and the assessment and treatment of behavioral and affective disorders. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. The City of Orono is an Equal Opportunity Employer Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to make improvements or take corrective action. •Social Perceptiveness — Be aware of others' reactions and understanding why they react as they do. •Speaking — Talk to others to convey information effectively. Abilities: •Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. •Inductive Reasoning — Able to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events). •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. Minimum Requirements •Valid MN Class D Driver’s License. •Possess a valid license for Peace Officer in the State of Minnesota, or; •Have the status of “eligible to be licensed” as defined by the Minnesota P.O.S.T. Board, or; •Have completed basic requirements in another state and be considered eligible by the Minnesota P.O.S.T. Board, or; •Be considered an exception to all of the above options and eligible by the Minnesota P.O.S.T. Board. Desirable Qualifications Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Patrol Officer Department: Police Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Police - Patrol Officer - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐ ☒ ☐ Repetitive hand motion (such as typing) ☐ ☐ ☒ ☐ Hearing, listening ☐ ☐ ☐ ☒ Talking ☐ ☐ ☒ ☐ Standing ☐ ☐ ☒ ☐ Walking ☐ ☐ ☒ ☐ Bending ☐ ☐ ☒ ☐ Stooping ☐ ☒ ☐ ☐ Climbing stairs ☐ ☐ ☒ ☐ Climbing ladders ☐ ☒ ☐ ☐ Kneeling, squatting ☐ ☒ ☐ ☐ Crouching ☐ ☒ ☐ ☐ Crawling ☐ ☒ ☐ ☐ Balancing ☐ ☒ ☐ ☐ Reaching overhead ☐ ☒ ☐ ☐ Pulling, pushing ☐ ☐ ☒ ☐ Shoveling ☒ ☐ ☐ ☐ Lifting – up to 10 pounds ☐ ☐ ☒ ☐ Lifting – up to 20 pounds ☐ ☐ ☒ ☐ Lifting – up to 30 pounds ☐ ☐ ☒ ☐ Lifting – up to 50 pounds ☐ ☐ ☒ ☐ Lifting – over 50 pounds ☐ ☐ ☒ ☐ Police - Patrol Officer - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐ Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☒Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Sergeant Document Date: January 1, 2016 Department: Police Accountable to: Chief of Police FLSA Status: Non-exempt Nature of Work Provide leadership and supervision to assigned officers in a manner consistent with the mission and goals of the Orono Police Department. Ensure effective and efficient delivery of law enforcement services to Orono and its contract cities. Work directly with citizens and staff to resolve problems/conflicts in a manner which commands public respect and confidence at all times. Perform all the essential duties and responsibilities of patrol officer. During the absence of the chief, the sergeant may be designated as the officer in charge of the department. Supervision Received and Exercised Under supervision of the Chief of Police. This position supervises Patrol Officers. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Assume responsibilities for the direction and supervision of police services. Manage and direct all resource allocation for assigned operations area, including scheduling, training, supervision and special assignments. •Guide the activities and work of patrol officer and ensure effective use of all available working hours by each officer. o Maintain a favorable working climate for department members. o Keep the chief informed of any developments that the chief will need to know about to coordinate the overall functioning of the department. The City of Orono is an Equal Opportunity Employer •Evaluate performance of each patrol officer assigned and report training needs or ability deficiencies that need to be corrected. o Provide counsel to motivate and commend good performance as justified. o Initiate disciplinary action when justified. o Check log sheets and reports prepared by officers to ensure that they are timely, accurate and complete. o Read and approve all reports. o Ensure proper use and maintenance of equipment. •Training and Development: Foster competence and facilitate development of all subordinates. Ensure that all assigned patrol officers have knowledge of federal, state and local laws; interpretation and application (case law). Ensure that each officer has knowledge of procedures and techniques for legally and safely detaining, searching and arresting suspects. Develop subordinates by encouraging them to take responsibility for various operations and special projects, assist by procuring equipment, training and by removing obstacles. o Identify needs, individual experience, and ability and observe performance. o Note problem indicators especially in important tasks. Assess need for changing individual methods; coach, correct, commend subordinates based upon performance. o Monitor performance, ensure follow-up and hold accountable. •Planning and Coordination: o Participate in short term and long range planning to set and achieve organizational goals. o Receive and organize information regarding public safety hazards, trends, resources, and changes which might effect resource allocation and/or officer performance; formulate assignments and responsibilities. o Define areas of individual accountability, select strategies for monitoring and evaluating effectiveness develop back up plans, complete other planning functions as assigned. o Participate in budget preparation. •Command: o Maintain contact with radio in order to provide assistance and support to patrol. o Assist first responding offices with command and coordination of incidents when needed. o Assume command and coordination of personnel, equipment, traffic and communications. •Investigation: o Conduct and/or oversee investigations including crime scene processing, interview and interrogation, statements, search warrant preparation, case organization and court preparation. Required Knowledge, Skills and Abilities Knowledge: •Law and Government — Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, and the democratic political process. The City of Orono is an Equal Opportunity Employer • Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and strategies to promote effective local, state, or national security operations for the protection of people, data, property, and institutions. • English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. • Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. • Psychology — Knowledge of human behavior and performance; individual differences in ability, personality, and interests; learning and motivation; psychological research methods; and the assessment and treatment of behavioral and affective disorders. Skills: • Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. • Speaking — Talk to others to convey information effectively. • Coordination — Adjust actions in relation to others' actions. • Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. • Management of Personnel Resources — Motivate, Develop, and Direct people as they work, identifying the best people for the job. Abilities: • Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. • Oral Expression — Able to communicate information and ideas in speaking so others will understand. • Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. • Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. • Written Comprehension — Able to read and understand information and ideas presented in writing. Minimum Requirements • Bachelor’s Degree in Law Enforcement or closely related field. • POST Board Licensure. • Valid MN Driver’s License. • Five (5) to seven (7) years of experience as a police officer. Desirable Qualifications • Four-year degree from an accredited college or post-secondary program. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Police Sergeant Department: Police Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Police - Sergeant - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☒☐ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☐ ☒☐ Stooping ☐ ☒☐☐ Climbing stairs ☐ ☐☒☐ Climbing ladders ☐ ☒☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐ ☒☐☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☒☐ ☐ Reaching overhead ☐ ☒☐ ☐ Pulling, pushing ☐ ☐☒☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐ ☐ ☒☐ Lifting – up to 30 pounds ☐ ☐☒☐ Lifting – up to 50 pounds ☐ ☐☒☐ Lifting – over 50 pounds ☐☐ ☒☐ Police - Sergeant - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐ Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☒Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. Police - Sergeant (Detective) - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐ ☐☒☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☒☐☐ Stooping ☐ ☒☐☐ Climbing stairs ☐ ☒☐☐ Climbing ladders ☐ ☒☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐ ☒☐☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☒☐ ☐ Reaching overhead ☐ ☒☐ ☐ Pulling, pushing ☐ ☒☐☐ Shoveling ☒☐☐☐ Lifting – up to 10 pounds ☐ ☐☒☐ Lifting – up to 20 pounds ☐ ☐ ☒☐ Lifting – up to 30 pounds ☐ ☒☐☐ Lifting – up to 50 pounds ☐ ☒☐☐ Lifting – over 50 pounds ☐☒☐☐ Police - Sergeant (Detective) - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☐Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐ Vibration: Exposure to oscillating movements of extremities or whole body. ☐Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Director of Public Works/City Engineer Document Date: January 1, 2016 Department: Public Works Accountable to: City Administrator FLSA Status: Exempt Nature of Work Administer all functions of Public Works, Engineering, Streets, Utilities, and Parks. Plan, coordinate and direct all Public Works improvement and maintenance programs. Supervision Received and Exercised Provides direct supervision of Public Works Supervisors and Golf Course Superintendent. Provides indirect supervision of all other Public Works and Golf Course employees through supervisors. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Develop an annual budget covering all functions of the Public Works Department, and monitor expenditures to ensure compliance with the budget. •Develop a multi-year capital improvement plan and program to address the city's infrastructure development, maintenance and replacement needs. •Prepare and review specifications for equipment and vehicles purchased by the City. •Oversee city facilities maintenance. •Render technical advice, both written and verbal, to the City Council and Advisory Boards and Commissions. •Coordinate Public Works operations with other departments. •Develop and recommend departmental policies and procedures for effective operation of the City and ensure council actions are implemented. The City of Orono is an Equal Opportunity Employer •Plan, coordinate and review the activities of the department including supervision of staff. •Investigate citizen complaints and respond to citizen requests and issues. •Attend the City Council meetings and others as necessary. •Conduct special projects as assigned. •Apply general engineering knowledge to address a wide range of issues, problems and projects. •Review land use applications and construction plans for consistency with specifications, City policies and relevant regulations. Review of plans and inspections relative to public and private construction projects within the City. •Review and respond to engineering issues relative to development and redevelopment proposals including preparation and management of site development agreements. •Serve as project manager and coordinate consultant engineer activities on public improvement projects. •Prepare and implement a street infrastructure maintenance policy and program. •Prepare and submit reports needed for State Aid and various other grants or funding opportunities or requirements. •Supervise and oversee the operation of the Utility department including maintenance and construction of the sanitary sewer, watermain and storm sewer systems. •Prepare and implement a utility infrastructure maintenance policy and program. •Implement the City’s wellhead protection program and other related activities. •Assist in the implementation of all water resource functions, including implementation of the Wetland Conservation Act and Surface Water Management Plan as well as tree preservation, screening and erosion and sediment control as it relates to the MS4 NPDES requirements. •Prepare all necessary reports required by other government agencies. •Prepare and implement a park maintenance and improvement program. •Staff the Park Commission. •Submit applications for park grants or funding opportunities. •Supervise and oversee the municipal golf course operations. Required Knowledge, Skills and Abilities Knowledge: •Mechanical — Knowledge of machines and tools, including their designs, uses, repair, and maintenance. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and strategies to promote effective local, state, or national security operations for the protection of people, data, property, and institutions. •Engineering and Technology — Knowledge of the practical application of engineering science and technology. This includes applying principles, techniques, procedures, and equipment to the design and construction of infrastructure. The City of Orono is an Equal Opportunity Employer •Building and Construction — Knowledge of materials, methods, and the tools involved in the construction or repair of houses, buildings, or other structures such as highways and roads. •Mathematics — Knowledge of arithmetic, algebra, geometry, calculus, statistics, and their applications. •Design — Knowledge of design techniques, tools, and principles involved in production of precision technical plans, blueprints, drawings, and models. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. Skills: •Management of Personnel Resources — Motivate, Develop, and Direct people as they work, identifying the best people for the job. •Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to make improvements or take corrective action. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. •Coordination — Adjust actions in relation to others' actions. •Speaking — Talk to others to convey information effectively. •Reading Comprehension — Understand written sentences and paragraphs in work related documents. •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Complex Problem Solving — Identify complex problems and reviewing related information to develop and evaluate options and implement solutions. •Mathematics — Use mathematics to solve problems. Abilities: •Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. •Inductive Reasoning — Able to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events). •Information Ordering — Able to arrange things or actions in a certain order or pattern according to a specific rule or set of rules (e.g., patterns of numbers, letters, words, pictures, mathematical operations). •Written Comprehension — Able to read and understand information and ideas presented in writing. •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. The City of Orono is an Equal Opportunity Employer Minimum Requirements •Bachelor’s Degree in Civil Engineering or related field. •Five (5) years of experience in public works and/or municipal engineering. •Five (5) years of experience in a leadership or public management role. •Valid MN Driver’s License. Desirable Qualifications •Registered professional engineer under the laws of the State of Minnesota or the ability to receive registration. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Public Works Director / Engineer Department: Public Works Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Public Works - Director - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☐☒☐ Repetitive hand motion (such as typing) ☐☒☐ ☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☐ ☒☐ Stooping ☐ ☐ ☒☐ Climbing stairs ☐ ☐☒☐ Climbing ladders ☐ ☒☐ ☐ Kneeling, squatting ☐ ☒☐☐ Crouching ☐ ☒☐☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☒☐ ☐ Reaching overhead ☐ ☒☐ ☐ Pulling, pushing ☐ ☒☐☐ Shoveling ☐ ☒☐☐ Lifting – up to 10 pounds ☐ ☐ ☒☐ Lifting – up to 20 pounds ☐ ☐ ☒☐ Lifting – up to 30 pounds ☐ ☐☒☐ Lifting – up to 50 pounds ☐ ☒☐ ☐ Lifting – over 50 pounds ☐☒☐ ☐ Public Works - Director - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☐Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☐Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☐Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☐Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☐Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Maintenance Worker Document Date: January 1, 2016 Department: Public Works Accountable to: Parks/Streets or Utilities Maintenance Supervisor FLSA Status: Non-exempt Nature of Work This position performs a wide range of moderately complex repair, construction and public works maintenance activities requiring operation of various types of heavy and light equipment and hand tools. This position may provide maintenance services in streets, parks, water, sanitary sewer, storm sewer or buildings. Supervision Received and Exercised This position receives field supervision by a Public Works Supervisor. This position does not supervise the work of other employees. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Inspects, maintains, and or repairs equipment, streets, storm sewer systems, sanitary sewer systems and water systems at frequent intervals to insure that all aspects of the systems are functioning properly. •Inspects, maintains, and or repairs playground equipment, park facilities, turf, etc. •Maintains a variety of records relating to inspections and maintenance activity. •Determines the locations of gas, telephone, power, television, water and sewer lines from the appropriate sources prior to excavation. •Responds to emergency calls relative to poor street conditions, changes in water pressure or supply, slow sewers, etc. The City of Orono is an Equal Opportunity Employer • Interacts with citizens in a professional manner when informing them of a disruption of utility service or breakdown. • Insures the proper maintenance of equipment and tools by cleaning and checking equipment and tools after use. • Drives trucks and operates equipment of various sizes and weights in loading, hauling and unloading various equipment or materials. • Performs routine inspection and preventative maintenance on assigned equipment and refers defects or needed repairs to appropriate personnel; cleans equipment. • May adjust, lubricate, or make small repairs to equipment while in use • Performs all duties in accordance with appropriate safety and security standards. • Performs other duties and assumes other responsibilities as assigned. Required Knowledge, Skills and Abilities Knowledge: • Building and Construction — Knowledge of materials, methods, and the tools involved in the construction or repair of structures such as highways and roads. • Mechanical — Knowledge of machines and tools, including their designs, uses, repair, and maintenance. Including knowledge of occupational hazards and established safety procedures. Skills: • Operation and Control — Control operations of equipment or systems. • Operation Monitoring — Watch gauges, dials, or other indicators to make sure a machine is working properly. • Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. • Equipment Maintenance — Perform routine maintenance on equipment and determining when and what kind of maintenance is needed. • Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to make improvements or take corrective action. Abilities: • Control Precision — Able to quickly and repeatedly adjust the controls of a machine or a vehicle to exact positions. • Multilimb Coordination — Able to coordinate two or more limbs (for example, two arms, two legs, or one leg and one arm) while sitting, standing, or lying down. It does not involve performing the activities while the whole body is in motion. • Arm-Hand Steadiness — Able to keep your hand and arm steady while moving your arm or while holding your arm and hand in one position. • Manual Dexterity — Able to quickly move your hand, your hand together with your arm, or your two hands to grasp, manipulate, or assemble objects. • Near Vision — Able to see details at close range (within a few feet of the observer). The City of Orono is an Equal Opportunity Employer Minimum Requirements •High School Diploma or equivalent. •Valid MN Class C Driver’s License. •Valid MN Class A Driver’s License or ability to obtain within one-year of employment. •Class “D” wastewater collection system license or ability to obtain within one (1) year of employment. •Class “D” water treatment and collection system license or ability to obtain within one (1) year of employment. •Must live within a 30 minute travel time of the Orono public Works facility within one (1) year of employment. •Satisfactory results from drug test, physical examination, motor vehicle records check, and criminal background investigation. Desirable Qualifications •Two (2) years of related experience. •Associate’s Degree in Public Works. •Completion of a certificate program in Public Works. •Minnesota Commercial Class “A” Driver’s License. •Class “D” or higher wastewater collection system license. •Class “D” or higher water treatment and collection system license. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Maintenance Department: Public Works Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Public Works - Maintenance (General) - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☒☐ ☐ Repetitive hand motion (such as typing) ☒☐☐ ☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☐☒ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☐ ☒☐ Stooping ☐ ☐ ☒☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☐ ☒☐ ☐ Kneeling, squatting ☐ ☐ ☒☐ Crouching ☐ ☒☐☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☒☐ ☐ Reaching overhead ☐ ☒☐ ☐ Pulling, pushing ☐ ☐☒☐ Shoveling ☐ ☐☒☐ Lifting – up to 10 pounds ☐ ☐ ☒☐ Lifting – up to 20 pounds ☐ ☐ ☒☐ Lifting – up to 30 pounds ☐ ☐☒☐ Lifting – up to 50 pounds ☐ ☒☐ ☐ Lifting – over 50 pounds ☐☒☐ ☐ Public Works - Maintenance (General) - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☐ Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☐Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☒Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☒Oils: There is air or skin exposure to oils or other cutting fluids. ☐Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☒Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. Public Works - Maintenance (Utility) - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☒☐ ☐ Repetitive hand motion (such as typing) ☐ ☒☐ ☐ Hearing, listening ☐ ☐ ☒☐ Talking ☐ ☐ ☒☐ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☐ ☒☐ Stooping ☐ ☐ ☒☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☐ ☒☐ ☐ Kneeling, squatting ☐ ☐ ☒☐ Crouching ☐ ☐ ☒☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☒☐ ☐ Reaching overhead ☐ ☒☐ ☐ Pulling, pushing ☐ ☒☐ ☐ Shoveling ☐ ☐☒☐ Lifting – up to 10 pounds ☐ ☐ ☒☐ Lifting – up to 20 pounds ☐ ☐ ☒☐ Lifting – up to 30 pounds ☐ ☒☐ ☐ Lifting – up to 50 pounds ☐ ☒☐ ☐ Lifting – over 50 pounds ☒☐ ☐ ☐ Public Works - Maintenance (Utility) - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☐ Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☐ Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☒Oils: There is air or skin exposure to oils or other cutting fluids. ☒Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☒Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. The City of Orono is an Equal Opportunity Employer CITY OF ORONO Position Title: Public Works Supervisor Document Date: January 1, 2016 Department: Public Works Accountable to: Public Works Director/City Engineer FLSA Status: Exempt Nature of Work To maintain the City’s streets, fleet, facilities, storm water, and park systems through the performance and coordination of maintenance activities, and to perform necessary public works maintenance activities. Supervision Received and Exercised This position is supervised by the Public Works Director and upon receiving guidance from the Director operates independently to supervise the work of the Maintenance position. Examples of Work Essential functions listed below are intended as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position. •Performs necessary daily, periodic, and emergency maintenance and repair activities to maintain the City’s streets, storm sewer, and parks systems in safe and operational/useable condition. •Performs necessary public works maintenance activities. •Plans, coordinates, and provides field leadership for streets, storm water, and parks work projects. •Works with the other Public Works Supervisor in developing daily, weekly, and seasonal work plans to ensure effective and efficient maintenance operations. •Performs on-the-job supervision. •Plans, monitors, and continually evaluates the effectiveness of the maintenance, repair, and replacement activities for the streets, fleet, facilities, storm sewer and parks. •Provides, and sets the example for, excellent customer service. •Coordinate annual paving and seal coating programs. The City of Orono is an Equal Opportunity Employer •Maintain records. •Work with outside repair facilities on the maintenance of vehicles and equipment. •Coordinate the bidding of equipment and materials in all Public Works departments. •Establish and maintain safety programs •Assist Public Works Director in preparing short term and long term goals and objectives for public works •Assist in developing an annual budget covering all functions of the Public Works Department, and monitor expenditures to ensure compliance with the budget. •Assist with the multi-year capital improvement plan and program to address the city's infrastructure development, maintenance and replacement needs. •Staff the Park Commission as needed. •Prepare and implement a park maintenance and improvement program. •Maintains a variety of records relating to inspections and maintenance activity. •Drives trucks and operates equipment of various sizes and weights in loading, hauling and unloading various equipment or materials. •Performs all duties in accordance with appropriate safety and security standards. •Performs other duties and assumes other responsibilities as assigned. Required Knowledge, Skills and Abilities Knowledge: •Mechanical — Knowledge of machines and tools, including their designs, uses, repair, and maintenance. •Public Safety and Security — Knowledge of relevant equipment, policies, procedures, and strategies to promote effective local, state, or national security operations for the protection of people, data, property, and institutions. •Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. •Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources. •English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar. •Personnel and Human Resources — Knowledge of principles and procedures for personnel recruitment, selection, training, compensation and benefits, labor relations and negotiation, and personnel information systems. Skills: •Active Listening — Give full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times. •Monitoring — Monitor/Assess performance of yourself, other individuals, or organizations to make improvements or take corrective action. •Speaking — Talk to others to convey information effectively. •Coordination — Adjust actions in relation to others' actions. The City of Orono is an Equal Opportunity Employer •Management of Personnel Resources — Motivate, develop, and direct people as they work, identifying the best people for the job. •Time Management — Manage one's own time and the time of others. •Critical Thinking — Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems. Abilities: •Oral Comprehension — Able to listen to and understand information and ideas presented through spoken words and sentences. •Oral Expression — Able to communicate information and ideas in speaking so others will understand. •Problem Sensitivity — Able to tell when something is wrong or is likely to go wrong. It does not involve solving the problem, only recognizing there is a problem. •Written Comprehension — Able to read and understand information and ideas presented in writing. •Deductive Reasoning — Able to apply general rules to specific problems to produce answers that make sense. •Inductive Reasoning — Able to combine pieces of information to form general rules or conclusions (includes finding a relationship among seemingly unrelated events). Minimum Requirements •High School Diploma or equivalent. •Ten (10) years of experience in all aspects of public works. •Two (2) years of experience planning and coordinating work projects. •Two (2) years of experience as crew leader, field supervisor, or equivalent. •Valid MN Class “A” Driver’s License or ability to obtain within one-year of employment. •Class “D” or higher wastewater collection system license. •Class “D” or higher water treatment and collection system license. •Must live within a 30 minute travel time of the Orono Public Works facility within one (1) year of employment. •No physical limitation required. •Satisfactory results from drug test, physical examination, motor vehicle records check, and criminal background investigation. Desirable Qualifications •Five (5) to seven (7) supervisory experience. •Associate’s degree in Public Works or equivalent. Physical Demands and Working Environment See Physical and Environmental Addendum FLSA Compliance Checklist Please Check One: EXECUTIVE EXEMPTION PROFESSIONAL EXEMPTION ADMINISTRATIVE EXEMPTION OUTSIDE SALES EXEMPTION NON-EXEMPT Job Class Title: Supervisor Department: Public Works Employees must meet both the salary and duties tests to be exempted from the overtime provisions of the Fair Labor Standards Act (FLSA). Employees who do not meet the duties tests or do not meet the salary test will be assigned an exemption status of non-exempt. Salary Test Section If no employee within a class meets the salary test, the class will be designated as non-exempt. If some employees do not meet the salary test (due to part-time employment status), these employees will be classified as non-exempt. However, if the duties tests are met by all and some employees meet the salary test, the class will be assigned one of the exempt options on this form. Employees are compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities. Yes, Some or All Employees No Employees (Class will be assigned as non-exempt, no need to complete duties test section) Duties Test Section Employees must meet the duties test requirements as specified below to be considered exempt from the Fair Labor Standards Act (FLSA) and assigned to one of the exemption types indicated below. Where “and” is indicated after a statement, all statements within that section must be checked to meet the duties requirements. EXECUTIVE EXEMPTION DUTIES TEST (Check all which apply) Manages and supervises a department of at least two full-time people; and Has authority to hire or fire or suggest changes in employees’ status; and Regularly exercises discretionary powers; and Either: Devotes less than 20 percent of time worked to nonexempt work; or Has sole charge of an independent or branch establishment. PROFESSIONAL EXEMPTION DUTIES TEST (Check all which apply) Either: Performs work requiring advanced knowledge in a field of learning customarily acquired by prolonged specialized intellectual study, not a general academic education, an apprenticeship, or training in routine mental or physical processes; or Performs original work dependent on the person’s own creativeness in a recognized field of artistic endeavor. And: Consistently exercises judgment and discretion; and Performs predominately intellectual work so varied that the output cannot be standardized by time necessary for accomplishment; and Devotes less than 20 percent of the hours worked to activities not essential to the person’s professional work. ADMINISTRATIVE EXEMPTION DUTIES TEST (Check all which apply) Either performs office or non-manual work directly related to business operations or management policies, or administers an educational system or subdivision thereof, in work relating to academic instruction; and Regularly exercises discretion and independent judgment and makes important decisions; and Devotes less than 20 percent of time worked to nonexempt work; and Either: Directly assists owner or bona fide executive or administrative employee; or Performs supervised work only along lines requiring special training or experience; or Executes special assignments. OUTSIDE SALES EXEMPTION DUTIES TEST (Check all which apply) NO SALARY TEST REQUIRED “Salesperson” is defined as one who makes sales of, or obtains orders or contracts for, materials, services or the use of facilities for which payment will be made. Incidental deliveries, collections, and other non sales or non solicitation work that is directly related to the primary sales duties shall be considered the work of a salesperson.; and An outside salesperson is hired for the express purpose of performing such duties away from the Employer’s place(s) of business and conducts no more than 20 percent of sales on those premises. The hours of non outside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons. Date reviewed: June 15, 2015 Public Works - Supervisor (General) - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☒☐ ☐ Repetitive hand motion (such as typing) ☐☒☐ ☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☐☒ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☐ ☒☐ Stooping ☐ ☐ ☒☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☐ ☐☒☐ Kneeling, squatting ☐ ☐ ☒☐ Crouching ☐ ☐☒☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☐☒☐ Reaching overhead ☐ ☐☒☐ Pulling, pushing ☐ ☐☒☐ Shoveling ☐ ☐☒☐ Lifting – up to 10 pounds ☐ ☐ ☒☐ Lifting – up to 20 pounds ☐ ☐ ☒☐ Lifting – up to 30 pounds ☐ ☐☒☐ Lifting – up to 50 pounds ☐ ☐☒☐ Lifting – over 50 pounds ☐☒☐ ☐ Public Works - Supervisor (General) - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒ Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒ Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒ Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒ Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒ Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☒ Vibration: Exposure to oscillating movements of extremities or whole body. ☒ Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☒ Oils: There is air or skin exposure to oils or other cutting fluids. ☒ Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒ Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☒ Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. Public Works - Supervisor (Utility) - Physical and Enviro Addendum ADDENDUM TO JOB DESCRIPTION Physical Requirements Please check the level of frequency that best describes the physical demands that are required for you to perform your job duties. Do not consider those parts of your job that, if you had a disability, a reasonable accommodation could be made. For example: If you were in a wheelchair, but had to occasionally move a box of paper, it would be a reasonable accommodation to have someone else move it for you. In that case, you would not consider moving the box as a required part of your job. For each physical activity below, check the box that applies to your job. Physical Activity Frequency of Activity Not Required Seldom Often Nearly Continuously Sitting ☐ ☒☐ ☐ Repetitive hand motion (such as typing) ☐ ☒☐ ☐ Hearing, listening ☐ ☐ ☐☒ Talking ☐ ☐ ☐☒ Standing ☐ ☐ ☒☐ Walking ☐ ☐ ☒☐ Bending ☐ ☐ ☒☐ Stooping ☐ ☐ ☒☐ Climbing stairs ☐ ☒☐ ☐ Climbing ladders ☐ ☐☒☐ Kneeling, squatting ☐ ☐ ☒☐ Crouching ☐ ☐ ☒☐ Crawling ☐ ☒☐ ☐ Balancing ☐ ☐☒☐ Reaching overhead ☐ ☐☒☐ Pulling, pushing ☐ ☐☒☐ Shoveling ☐ ☐☒☐ Lifting – up to 10 pounds ☐ ☐ ☒☐ Lifting – up to 20 pounds ☐ ☐ ☒☐ Lifting – up to 30 pounds ☐ ☐☒☐ Lifting – up to 50 pounds ☐ ☐☒☐ Lifting – over 50 pounds ☐☒☐ ☐ Public Works - Supervisor (Utility) - Physical and Enviro Addendum Work Environment This question describes your current working conditions. Check all the boxes that apply. ☒Office Environment: Employees are protected from weather conditions or contaminants, but not necessarily occasional temperature changes. ☒Outdoor Environment: Employees work outdoors and may not be protected from weather conditions. ☒Extreme Cold: Temperatures typically below 32 degrees for more than an hour. ☒Extreme Heat: Temperatures above 100 degrees for more than an hour. ☒Noise: There is sufficient noise to cause you to shout in order to be heard above the noise level. ☒Vibration: Exposure to oscillating movements of extremities or whole body. ☒Hazards: Includes a variety of physical conditions, such as proximity to moving mechanical parts, moving vehicles, electrical current, working on scaffolding and high places, or exposure to chemicals in work setting. ☒Oils: There is air or skin exposure to oils or other cutting fluids. ☒Infectious Diseases: Employees are frequently exposed to contagious or infectious diseases. ☒Atmospheric Conditions: Conditions that affect the respiratory system, such as fumes, odors, dusts, mists, gases, or poor ventilation. ☒Close Quarters: Employees are frequently required to work in crawl spaces, shafts, man holes, sewage and water line pipes, and other areas that could cause claustrophobia. REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 21 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator's Report Title City Administrator Item Description: Appointment to Orono Ice Arena Board of Directors In the attached letter, the Orono Ice Arena has requested City representation on their Board of Directors as dictated in their bylaws. The City Council regularly appoints individual members of the council to act on committees or as liaisons to various organizations. Council member Dennis Walsh has expressed his willingness to serve on this Board. COUNCIL ACTION REQUESTED: Consider a motion appointing Dennis Walsh to the Orono Ice Arena Board of Directors. Orono lce Arena Board of Directors Orono lce Arena 1025 Old Crystal Bay Road Long Lake, MN 55356 November 13,2015 The Honorable Lili McMillan Mayor City of Orono 2750 Kelley Pkwy Long Lake, MN 55355 Subject: Orono lce Arena, Inc. - City Representation on the Board of Directors Dear Mayor McMillan: The Orono lce Arena Articles of Incorporation and By Laws as originally drafted provided for one of the board members to be a representative of the City of Orono. The first representative was Gabriel Jabbour, who served during his term as mayor. As a newly appointed board, we are not aware of when the City ceased to have a representative but the Attorney General of Minnesota has pointed out to us that we are not in compliance with these governing documents with the current board composition. The purpose of this letter is to request that you let us know whether you are willing to appoint someone to serve in this capacity. lf so, please let us know who that individual will be and the process used to select/elect them. lf you are not willing to provide a representative, please provide us with your refusal in writing as we will need to initiate formal steps to amend our governing documents. While it may not be possible, your response before November 24th would be greatly appreciated as that is the date by which we must respond to the Attorney General's office. Thank you for your consideration in this matter. lf you have questions or comments, please contact me at 6!2-790-7110 or by mail at 2355 Abingdon Way, Long Lake, MN 55355. On behalf of the Board of Directors Orono lce Arena, Inc. Q'-V{; Dickson W. Lewis cc: Orono lce Arena Board of Directors (G. Brockman, J. Quinlivan, D. Wortman) REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ITEM NO: 22 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson JML Title Finance Director City Administrator’s Report Item Description: Orono Police Garage - Pay Request #14 & 15 Attachments: Kraus Anderson, the Construction Manager for the garage project, has submitted pay request number fourteen and fifteen on behalf of the contractors working on the project. The pay request is for $39,374.75. Including this pay request, a total of $2,750,198.05 (99%) of the $2,783,857.00 contract has been paid. The contractors and amounts are as follows: Description Amount RTL Construction $ 5,944.45 Total RFP #14 $ 5,944.45 Minnesota Utilities & Excavating $ 31,652.80 Superior Painting & Decorating Inc $ 1,777.50 Total RFP #15 $ 33,430.30 Total $ 39,374.75 COUNCIL ACTION REQUESTED: Motion to approve the payments to the contractors working on the Orono Police Garage Project as listed in an amount totaling $39,374.75. REQUEST FOR COUNCIL ACTION DATE: December 14, 2015 ` ITEM NO: 23 Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs JML Licenses/Permits Title City Clerk Item Description: Orono Schools Gambling Permit The Orono High School Athletics Department has submitted the required application and documents to hold a raffle during the home basketball, swim and dive, and hockey games. Staff recommends approval of the gambling permit. COUNCIL ACTION REQUESTED: Request consideration for Council approval of the Orono High School Athletics Department gambling permit application. REQUEST FOR COUNCIL ACTION Date: Dec 14, 2015 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson JML City Administrator’s Title: Finance Director Report Item Description: Claims/Bills 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 104146 to 104258, totaling $457,021.77. Noteworthy payments include: Hennepin County Treasurer $ 86,000.00 Payment for the 1st half of the 2016 Assessing Contract. The final will be paid in July. City of Mound $ 6,770.04 Payment to Mound for administrative citations that are processed by Orono staff. Minnesota Utilities & Excavating $ 31,652.80 Payment done as part of the Police Garage project. 99% of the contract has now been paid. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount A 1 RENTAL 12/14/2015 104146 114237 101-42110-201 equipment rental Police Department 38.77 Total 104146:38.77 Advanced Imaging Solutions 12/14/2015 104147 87657 101-41900-413 toner shipping Central Services 16.95 Advanced Imaging Solutions 12/14/2015 104147 88276 101-42110-413 toner shipping Police Department 13.96 Total 104147:30.91 ADVANCED IMAGING SOLUTIO 12/14/2015 104148 292787280 101-41900-413 copier lease 11/20 to 12/20 Central Services 1,284.00 Total 104148:1,284.00 ALLIANCE BENEFIT GROUP-WI 12/14/2015 104149 31177 101-41900-319 Cobra Admin fee Central Services 61.00 Total 104149:61.00 AMERICAN TIRE DISTRIBUTOR 12/14/2015 104150 68377372 101-42110-402 tires Police Department 1,101.28 Total 104150:1,101.28 APPRIZE TECHNOLOGY SOLUT 12/14/2015 104151 11494 101-41900-319 insurance enrollment online setup Central Services 1,000.00 Total 104151:1,000.00 ARC 12/14/2015 104152 15007119 101-41900-352 oversized copies Central Services 81.33 Total 104152:81.33 BCA TRAINING & DEVELOPME 12/14/2015 104153 33879 101-42110-437 training B. Schoenherr Police Department 25.00 Total 104153:25.00 BITUMINOUS ROADWAYS INC 12/14/2015 104154 3 402-48056-590 Watertown/Stubbs Bay rehab Watertown Road 57,377.02 BITUMINOUS ROADWAYS INC 12/14/2015 104154 3 402-20600 Watertown/Stubbs Bay rehab 11,374.45- Total 104154:46,002.57 BLUE CROSS BLUE SHIELD OF 11/24/2015 104140 102015 101-15998 Cobra 7,073.18 BLUE CROSS BLUE SHIELD OF 11/24/2015 104140 102015 101-21706 Health insurance 38,177.32 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BLUE CROSS BLUE SHIELD OF 11/24/2015 104140 102015 101-42110-135 Disability continuation Police Department 532.74 Total 104140:45,783.24 BLUE CROSS BLUE SHIELD OF 12/14/2015 104155 113015 101-21706 Health insurance 4,783.68 BLUE CROSS BLUE SHIELD OF 12/14/2015 104155 113015 101-15998 Cobra 5,474.96 Total 104155:10,258.64 BOLTON & MENK INC.12/14/2015 104156 184006 602-16500 2014 Sanitary Sewer Rehab 533.00 BOLTON & MENK INC.12/14/2015 104156 184007 601-16500 2014 Well house/WTP improvements 2,199.14 BOLTON & MENK INC.12/14/2015 104156 184008 435-48964-304 Baldur Park Rd Imp 371.50 BOLTON & MENK INC.12/14/2015 104156 184009 101-43280-304 15-3733 1185 Ferndale Rd Special Services 183.00 BOLTON & MENK INC.12/14/2015 104156 184010 101-43280-304 Glendale Cove Special Services 300.00 BOLTON & MENK INC.12/14/2015 104156 184011 101-43280-304 14-3669 3850 Watertown Rd Special Services 1,432.00 BOLTON & MENK INC.12/14/2015 104156 184012 101-43280-304 2015-01193 1400 Baldur Park Rd Special Services 225.00 BOLTON & MENK INC.12/14/2015 104156 184013 101-43280-304 13-3637 Oliver Hill Special Services 225.00 BOLTON & MENK INC.12/14/2015 104156 184016 101-43280-304 15-3739 Mooney Lake Preserve Special Services 2,319.00 BOLTON & MENK INC.12/14/2015 104156 184017 101-43280-304 15-3774 1700 Shoreline Special Services 339.00 BOLTON & MENK INC.12/14/2015 104156 184018 101-43280-304 15-3749 Crystal Bay Estates Special Services 594.00 BOLTON & MENK INC.12/14/2015 104156 184019 101-43280-304 15-3775 1380 Briar Street Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184020 101-43280-304 15-3778 2905 Casco Pt Road Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184021 101-43280-304 15-3781 3185 Casco Circle Special Services 108.00 BOLTON & MENK INC.12/14/2015 104156 184022 101-43280-304 15-3725 4167 Highwood Rd Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184023 101-43280-304 15-3763 200 Stubbs Bay Rd Special Services 54.00 BOLTON & MENK INC.12/14/2015 104156 184024 651-49910-304 GIS/mapping Storm Water 846.50 BOLTON & MENK INC.12/14/2015 104156 184025 601-49400-304 Scada Water 184.73 BOLTON & MENK INC.12/14/2015 104156 184025 602-49450-304 Scada Sewer 491.03 BOLTON & MENK INC.12/14/2015 104156 184025 402-48056-304 Watertown Rd phase 2 Watertown Road 470.00 BOLTON & MENK INC.12/14/2015 104156 184025 101-43170-304 MSA counts Engineering 217.50 BOLTON & MENK INC.12/14/2015 104156 184025 651-49910-304 Fox Street improvements Storm Water 1,880.00 BOLTON & MENK INC.12/14/2015 104156 184025 601-49400-304 Well location Water 30.00 BOLTON & MENK INC.12/14/2015 104156 184025 602-49450-304 LS2 and LS26 misc Sewer 60.00 BOLTON & MENK INC.12/14/2015 104156 184026 601-16500 2015 Sewer improvements 1,515.00 BOLTON & MENK INC.12/14/2015 104156 184028 601-49400-304 At&T Plan review & inspection Water 2,830.31 BOLTON & MENK INC.12/14/2015 104156 184029 101-43000-304 Fox Street improvements Public Works Department 256.00 BOLTON & MENK INC.12/14/2015 104156 184030 602-16500 Kelly Ave sewer outfall 339.50 BOLTON & MENK INC.12/14/2015 104156 184033 101-43280-304 15-3723 Lakeview Special Services 1,408.00 BOLTON & MENK INC.12/14/2015 104156 184034 402-48056-304 Watertown Rd phase 2 Watertown Road 946.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104156:20,519.21 BOYER FORD & TRUCK 12/14/2015 104157 163318 101-43000-222 #425 exhaust tip Public Works Department 25.19 Total 104157:25.19 BOYER TRUCKS 12/14/2015 104158 162875 101-43000-222 exhaust pipe #425 Public Works Department 915.84 Total 104158:915.84 BUSINESS FORMS & ACCOUNT 12/14/2015 104159 50644 101-41900-201 1099 Central Services 66.00 Total 104159:66.00 CARDMEMBER SERVICE 12/14/2015 104160 CF103015 101-42110-201 photo backdrop B&H photo Police Department 137.50 CARDMEMBER SERVICE 12/14/2015 104160 CF112015 101-42110-402 Car wash buff-n-glo Police Department 13.00 CARDMEMBER SERVICE 12/14/2015 104160 CF112515 101-42110-437 Lake area emergency mgmt meeting-El Parian Police Department 13.53 CARDMEMBER SERVICE 12/14/2015 104160 CF112715 101-42110-240 ladder-Home Depot Police Department 127.18 CARDMEMBER SERVICE 12/14/2015 104160 CF120215 101-42110-439 food for Rotary meeting-Harvest Moon Police Department 6.42 CARDMEMBER SERVICE 12/14/2015 104160 CF120715 101-42110-402 Car wash buff-n-glo Police Department 10.00 CARDMEMBER SERVICE 12/14/2015 104160 CF120915 101-42110-439 food for police commission meeting-Cub Police Department 16.73 CARDMEMBER SERVICE 12/14/2015 104160 CF120915B 101-42110-433 notary renewal J. Werder Police Department 120.00 CARDMEMBER SERVICE 12/14/2015 104160 JL112315 101-41110-439 food for council worksession-Jimmy Johns Mayor & Council 65.23 CARDMEMBER SERVICE 12/14/2015 104160 JL120115 101-41300-439 meeting expense Country Cake Administration 8.05 CARDMEMBER SERVICE 12/14/2015 104160 JL120415 101-41300-439 meeting expense Starbucks Administration 9.01 CARDMEMBER SERVICE 12/14/2015 104160 JL120715 101-41300-439 meeting expense Country Cake Administration 6.52 CARDMEMBER SERVICE 12/14/2015 104160 SO111815 101-43000-489 supplies Fleet Farm Public Works Department 122.80 CARDMEMBER SERVICE 12/14/2015 104160 SO120815 101-43000-212 fuel Holiday Public Works Department 18.22 Total 104160:674.19 CAREERTRACK 12/14/2015 104161 18602039 101-42110-437 training registration S. Schultz Police Department 149.00 CAREERTRACK 12/14/2015 104161 18602043 101-42110-437 training J. McCoy Police Department 149.00 Total 104161:298.00 CARGILL SALT 12/14/2015 104162 2902554637 601-49400-216 salt Water 4,526.68 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104162:4,526.68 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 601-49400-381 10/21 to 11/19 Water 539.41 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 602-49450-381 10/21 to 11/19 Sewer 227.78 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 101-41900-381 10/21 to 11/19 Central Services 318.84 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 101-42110-381 10/21 to 11/19 Police Department 92.30 CENTERPOINT ENERGY MAIN 12/14/2015 104163 120115 101-45210-381 10/21 to 11/19 Golf Course 57.58 Total 104163:1,235.91 CENTURY LINK 12/14/2015 104164 111915 101-45210-321 GC phone/dsl Golf Course 193.93 Total 104164:193.93 CHAMPLIN POLICE DEPARTME 12/14/2015 104165 120815 101-42110-437 Open source training Police Department 60.00 Total 104165:60.00 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13340 101-42110-402 #227 oil change, heater hose repair Police Department 347.62 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13351 101-42110-402 #229 brakes, repairs Police Department 653.69 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13356 101-42110-402 #237 oil change, tires Police Department 112.69 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13360 101-42110-402 #240 tire repair Police Department 14.31 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13363 101-42110-402 #227 fuel pump, light bulb Police Department 580.70 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13366 101-42110-402 #232 oil change Police Department 42.74 CHUNKS LAKESHORE AUTO 12/14/2015 104166 13370 101-42110-402 #236 oil change, brakes, transmission, seat repair Police Department 532.73 Total 104166:2,284.48 CHURCH, JOSEPH 12/14/2015 104167 120815 101-22205 Escrow refund 2014-00636 2,000.00 Total 104167:2,000.00 CITY OF MOUND 12/14/2015 104168 112415 101-35105 Admin citations 6,770.04 Total 104168:6,770.04 CITYVIEW PLUMBING & HEATIN 12/14/2015 104169 43764 101-45200-404 furnace tune up and filters Parks 253.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104169:253.00 CNA LTC 12/14/2015 104170 1619648 101-21715 Long term care 12/15 68.70 Total 104170:68.70 COLONIAL SUPPLEMENTAL IN 12/14/2015 104171 3128642-120 101-21714 STD 12/15 644.05 Total 104171:644.05 COMMERCIAL ASPHALT 12/14/2015 104172 113015 101-43000-224 street materials Public Works Department 112.56 COMMERCIAL ASPHALT 12/14/2015 104172 151115 101-43000-224 patching supplies Public Works Department 342.23 Total 104172:454.79 CRAIG RAPP LLC 12/14/2015 104173 151101 101-41300-437 leadership development program Administration 1,350.00 Total 104173:1,350.00 CULLIGAN 12/14/2015 104174 113015 101-45210-403 softener exchange service Golf Course 19.63 Total 104174:19.63 DAKOTA CO TECHNICAL COLL 12/14/2015 104175 131061 101-43000-437 defensive driving training Mark, Clint Public Works Department 400.00 Total 104175:400.00 DEPUTY REGISTRAR 11/30/2015 104081 111715 231-45650-441 15-1860 duplicate title 18.25- Total 104081:18.25- DEPUTY REGISTRAR 12/14/2015 104176 120115 231-45650-441 14-14195 20.75 DEPUTY REGISTRAR 12/14/2015 104176 120115 231-45650-441 15-006830 20.75 Total 104176:41.50 ECM PUBLISHERS INC 12/14/2015 104177 278623 101-41900-352 sanitary sewer CIPP bid ad Central Services 229.30 ECM PUBLISHERS INC 12/14/2015 104177 278624 101-41900-352 legal ads Central Services 71.52 ECM PUBLISHERS INC 12/14/2015 104177 278625 101-41900-352 legal ads Central Services 71.52 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ECM PUBLISHERS INC 12/14/2015 104177 280958 101-41900-352 legal ads Central Services 95.36 Total 104177:467.70 EUGSTER, NICHOLAS 12/14/2015 104178 120715 101-22205 Escrow refund 2015-01421 2,500.00 Total 104178:2,500.00 FERGUSON WATERWORKS #2 12/14/2015 104179 174982 601-49400-227 meter parts Water 906.26 FERGUSON WATERWORKS #2 12/14/2015 104179 174982-1 601-49400-227 meter parts Water 36.20 Total 104179:942.46 FILEONQ INC 12/14/2015 104180 5516 101-42110-416 software support 2016 Police Department 1,300.67 Total 104180:1,300.67 FINANCE AND COMMERCE 12/14/2015 104181 742479053 101-41900-352 sanitary sewer CIPP bid ad Central Services 180.86 Total 104181:180.86 G & K SERVICES 12/14/2015 104182 1006410076 101-43000-221 towels Public Works Department 9.00 G & K SERVICES 12/14/2015 104182 1006410076 101-43000-226 uniform Public Works Department 29.19 G & K SERVICES 12/14/2015 104182 1006410076 601-49400-226 uniform Water 14.60 G & K SERVICES 12/14/2015 104182 1006410076 602-49450-226 uniform Sewer 14.59 G & K SERVICES 12/14/2015 104182 1006421589 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 12/14/2015 104182 1006421589 101-43000-226 uniform Public Works Department 29.19 G & K SERVICES 12/14/2015 104182 1006421589 601-49400-226 uniform Water 14.59 G & K SERVICES 12/14/2015 104182 1006421589 602-49450-226 uniform Sewer 14.60 G & K SERVICES 12/14/2015 104182 1006424047 101-41900-404 council chambers mats Central Services 10.80 G & K SERVICES 12/14/2015 104182 1006424048 101-41900-404 mats City Hall Central Services 21.20 G & K SERVICES 12/14/2015 104182 1006433075 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 12/14/2015 104182 1006433075 602-49450-226 uniform Sewer 14.60 G & K SERVICES 12/14/2015 104182 1006433075 601-49400-226 uniform Water 14.60 G & K SERVICES 12/14/2015 104182 1006433075 101-43000-226 uniform Public Works Department 29.18 Total 104182:228.90 GENERAL SERVICE 12/14/2015 104183 111415 101-41900-404 irrigation system blow out Central Services 85.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104183:85.00 GENUINE PARTS COMPANY/NA 12/14/2015 104184 296807 101-43000-222 mud flaps #425 Public Works Department 30.98 GENUINE PARTS COMPANY/NA 12/14/2015 104184 296990 101-43000-222 wiper fluid Public Works Department 28.68 GENUINE PARTS COMPANY/NA 12/14/2015 104184 297870 101-42110-402 headlights Police Department 47.98 GENUINE PARTS COMPANY/NA 12/14/2015 104184 298368 101-42110-402 supplies Police Department 133.96 GENUINE PARTS COMPANY/NA 12/14/2015 104184 298798 101-43000-222 wiper blade Public Works Department 17.99 Total 104184:259.59 GOPHER STATE ONE CALL 12/14/2015 104185 149890 601-49400-489 locates Water 193.05 GOPHER STATE ONE CALL 12/14/2015 104185 149890 602-49450-489 locates Sewer 193.05 Total 104185:386.10 GRADY, KEVIN 12/14/2015 104186 120715 101-22205 Escrow refund 2014-01002 2,500.00 Total 104186:2,500.00 GRANICUS INC.12/14/2015 104187 70380 614-49840-329 web service Dec-Feb Cable Franchise 1,647.00 Total 104187:1,647.00 HAGEN, AL 12/14/2015 104188 120815 101-22205 Escrow refund 2014-00603 10,000.00 Total 104188:10,000.00 HENNEPIN COUNTY INFOR TE 12/14/2015 104189 1000067431 101-41900-319 network support Central Services 50.00 Total 104189:50.00 HENNEPIN COUNTY SHERIFF 12/14/2015 104190 1000067411 101-45200-319 STS services Parks 692.80 HENNEPIN COUNTY SHERIFF 12/14/2015 104190 1000067536 101-41600-309 jail charges Law/Legal Services 648.36 HENNEPIN COUNTY SHERIFF 12/14/2015 104190 100067413 101-45200-319 STS services Parks 2,078.40 Total 104190:3,419.56 HENNEPIN COUNTY TREASUR 12/14/2015 104191 1000067679 101-15503 1st Half 2016 Assessing Services 14,333.33 HENNEPIN COUNTY TREASUR 12/14/2015 104191 1000067679 101-41550-302 1st Half 2016 Assessing Services Assessing 71,666.67 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104191:86,000.00 HOLMES, MAX 12/14/2015 104192 120815 101-22205 Escrow refund 2015-00990 2,000.00 Total 104192:2,000.00 INTEGRA TELECOM 12/14/2015 104193 13462390 101-42110-321 Phone service Police Department 245.06 INTEGRA TELECOM 12/14/2015 104193 13462390 101-41900-321 Phone Service Central Services 343.09 INTEGRA TELECOM 12/14/2015 104193 13462390 601-49400-321 Phone Service Water 57.18 INTEGRA TELECOM 12/14/2015 104193 13462390 602-49450-321 Phone Service Sewer 171.55 Total 104193:816.88 JACKIE YOUNG 12/14/2015 104194 120115 101-41300-319 CC meeting 11/09, 11/23 Administration 755.00 JACKIE YOUNG 12/14/2015 104194 120115 101-45200-319 Park Commission 11/02 Parks 190.00 JACKIE YOUNG 12/14/2015 104194 120115 101-42400-319 PC meeting 11/16 Building & Zoning 240.00 Total 104194:1,185.00 JANE SZCZEPANIK 12/14/2015 104195 110415 101-42400-437 training meal reimb Building & Zoning 15.79 Total 104195:15.79 KENNETH N POTTS PA 12/14/2015 104196 120115 101-41600-306 prosecution services Nov Law/Legal Services 3,000.00 Total 104196:3,000.00 LAKE MTKA CONSERVATION DI 12/14/2015 104197 100115 101-41110-433 4th qtr levy payment Mayor & Council 14,833.50 Total 104197:14,833.50 LANGLAS, JOHN 12/14/2015 104198 120815 101-22205 Escrow refund 2015-01138 700.00 Total 104198:700.00 LEESTMA, MARTIN 12/14/2015 104199 120815 101-22205 Escrow refund 2015-00044 2,500.00 Total 104199:2,500.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LOGIS 12/14/2015 104200 40908 101-41900-401 server maint Central Services 157.50 LOGIS 12/14/2015 104200 40934 101-42110-310 police records 10/15 Police Department 5,347.00 LOGIS 12/14/2015 104200 40934 101-41900-329 internet 10/15 Central Services 193.50 LOGIS 12/14/2015 104200 40934 101-42110-329 internet 10/15 Police Department 193.50 Total 104200:5,891.50 LONG LAKE PROPERTIES LLC 12/14/2015 104201 120815 101-22205 escrow refund 2015-00511 2,000.00 Total 104201:2,000.00 LONG LAKE TRUE VALUE 12/14/2015 104202 A28279 101-43000-224 supplies Public Works Department 2.99 LONG LAKE TRUE VALUE 12/14/2015 104202 B296049 101-42110-221 supplies Police Department 8.99 LONG LAKE TRUE VALUE 12/14/2015 104202 B296710 101-43000-221 supplies Public Works Department 8.94 LONG LAKE TRUE VALUE 12/14/2015 104202 B298276 101-43000-222 supplies Public Works Department 6.55 LONG LAKE TRUE VALUE 12/14/2015 104202 B301017 101-42110-402 supplies Police Department 72.37 LONG LAKE TRUE VALUE 12/14/2015 104202 B302015 101-43000-224 supplies Public Works Department 26.99 Total 104202:126.83 MAILFINANCE 12/14/2015 104203 N5631899 101-41900-401 meter rental Central Services 376.50 Total 104203:376.50 MANSFIELD OIL COMPANY 12/14/2015 104204 986003 101-43000-212 Diesel Public Works Department 187.70 MANSFIELD OIL COMPANY 12/14/2015 104204 986004 101-42110-212 Fuel PD Police Department 2,114.45 Total 104204:2,302.15 MDHR 12/14/2015 104205 113015 101-42110-437 Human Rights Symposium-C. Fischer Police Department 90.00 Total 104205:90.00 MEDIACOM 12/14/2015 104206 112615 101-45210-415 GC cable Golf Course 7.34 Total 104206:7.34 MERNIK, WILLIAM 12/14/2015 104207 120715 101-22205 Escrow refund 2015-01142 700.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104207:700.00 MESSENBURG, MATTHEW 12/14/2015 104208 120815 101-22205 Escrow refund 2015-00943 2,500.00 Total 104208:2,500.00 MET COUNCIL ENVIRONMENTA 12/14/2015 104209 113015 101-20809 Sac 4,970.00 MET COUNCIL ENVIRONMENTA 12/14/2015 104209 113015 101-39610 SAC credit 49.70- Total 104209:4,920.30 MET COUNCIL ENVIRONMENTA 12/14/2015 104210 1050182 602-49450-383 Jan wastewater service Sewer 32,877.48 Total 104210:32,877.48 METRO WEST INSPECTIONS S 12/14/2015 104211 111515 101-42400-310 Oct inspection services Building & Zoning 7,274.25 Total 104211:7,274.25 MEYERS OUTDOOR SERVICES 12/14/2015 104212 4279 101-45200-404 november lawncare Parks 2,175.00 Total 104212:2,175.00 MINNESOTA EQUIPMENT 12/14/2015 104213 39353 101-43000-221 chainsaw chain Public Works Department 55.32 Total 104213:55.32 MINNESOTA UTILITIES & EXCA 12/14/2015 104214 7 437-48970-520 Police garage project RFP #15 31,652.80 Total 104214:31,652.80 MN DEPT OF AGRICULTURE 12/14/2015 104215 20107415 101-43000-441 Tree Care registry Tim Amundsen 20107415 Public Works Department 25.00 Total 104215:25.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-34210 Nov sales tax 4.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-34650 Nov sales tax 32.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 601-39610 Nov sales tax 1.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 601-20806 Nov sales tax 683.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37910 Nov sales tax 301.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37920 Nov sales tax 251.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37930 Nov sales tax 67.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37935 Nov sales tax 13.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37940 Nov sales tax 14.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37960 Nov sales tax 13.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37970 Nov sales tax 2.00 MN DEPT OF REVENUE-WIRE 11/30/2015 201300 103115 101-37990 Nov sales tax 37.00 Total 20130069:1,418.00 MN NCPERS GROUP LIFE INS 12/14/2015 104216 67321215 101-21710 Pera life 12/15 224.00 Total 104216:224.00 MUNICIPAL CODE CORPORATI 12/14/2015 104217 263736 101-41900-319 code updates Central Services 264.00 Total 104217:264.00 MUNSON LAKES NUTRITION 12/14/2015 104218 428170 101-43000-226 winter jackets Public Works Department 446.81 Total 104218:446.81 NAVARRE HARDWARE 12/14/2015 104219 289950 101-42110-223 supplies Police Department 31.64 NAVARRE HARDWARE 12/14/2015 104219 289970 602-49450-227 supplies Sewer 13.99 NAVARRE HARDWARE 12/14/2015 104219 290035 101-41900-223 repair parts Central Services 34.15 NAVARRE HARDWARE 12/14/2015 104219 290179 101-43000-224 supplies Public Works Department 1.60 NAVARRE HARDWARE 12/14/2015 104219 290181 101-43000-224 supplies Public Works Department .90- NAVARRE HARDWARE 12/14/2015 104219 290186 601-49400-227 supplies Water 13.99 NAVARRE HARDWARE 12/14/2015 104219 290254 101-42110-223 supplies Police Department 23.98 NAVARRE HARDWARE 12/14/2015 104219 290420 101-43000-221 batteries Public Works Department 16.98 NAVARRE HARDWARE 12/14/2015 104219 290434 601-49400-405 supplies Water 4.75 Total 104219:140.18 NORLINGS 12/14/2015 104220 30938 234-45680-404 landscape maintenance Lurton Park 813.00 NORLINGS 12/14/2015 104220 30946 101-45200-404 City Hall landscape maintenance Parks 789.00 NORLINGS 12/14/2015 104220 30947 101-45200-404 Crystal Bay park landscape maintenance Parks 258.00 NORLINGS 12/14/2015 104220 30948 101-45200-404 Navarre Park landscape maintenance Parks 368.00 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104220:2,228.00 OFFICE DEPOT 12/14/2015 104221 8079803490 101-42110-201 office supplies Police Department 51.17 OFFICE DEPOT 12/14/2015 104221 8089409300 101-42110-201 office supplies Police Department 147.31 OFFICE DEPOT 12/14/2015 104221 8089409740 101-42110-201 office supplies Police Department 8.45 Total 104221:206.93 OFFICE DEPOT 12/14/2015 104222 8078782030 101-41900-201 office supplies Central Services 98.34 Total 104222:98.34 OPG-3 INC 12/14/2015 104223 1006 101-42110-416 imaging software annual support/licensing Police Department 1,488.50 OPG-3 INC 12/14/2015 104223 1006 101-41900-416 imaging software annual support/licensing Central Services 4,465.50 Total 104223:5,954.00 OTTEN BROTHERS 12/14/2015 104224 2213283 651-49910-404 tree 2695 Kelley Ave Storm Water 390.00 Total 104224:390.00 PINE CORNER PROPERTIES 12/14/2015 104225 120815 101-22205 Escrow refund 12-3587 7,500.00 Total 104225:7,500.00 PLUNKETT S 12/14/2015 104226 5253784 101-42110-404 pest contol Police Department 223.60 Total 104226:223.60 QUALITY FLOW SYSTEMS INC 12/14/2015 104227 31325 602-49450-406 repair parts Sewer 656.34 Total 104227:656.34 RHAME, ANDREA 12/14/2015 104228 121015 101-22205 Escrow refund 2015-01467 700.00 Total 104228:700.00 RTL CONSTRUCTION INC 12/14/2015 104229 14 437-48970-520 Police garage project RFP #14 5,944.45 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104229:5,944.45 SCOTT BORIS 12/14/2015 104230 111915 101-42110-311 reimb for court records Police Department 16.75 SCOTT BORIS 12/14/2015 104230 111915 101-42110-437 reimb lunch (2 officers)Police Department 19.31 Total 104230:36.06 SELECT ACCOUNT 12/14/2015 104231 111315 101-41900-319 participant fee Central Services 94.50 Total 104231:94.50 SELECT ACCOUNT 12/14/2015 104232 120115 101-21719 12/01/15 FLEX 505.14 Total 104232:505.14 STA SAFE LOCKSMITH 12/14/2015 104233 20225 601-49400-404 water plant garage door locks Water 462.00 Total 104233:462.00 SUN LIFE FINANCIAL 12/14/2015 104234 120815 101-21713 LTD Dec 1,133.86 SUN LIFE FINANCIAL 12/14/2015 104234 120815 101-21710 Life Insurance Dec 1,155.55 SUN LIFE FINANCIAL 12/14/2015 104234 120815 101-15998 Cobra Life Insurance Dec .50 Total 104234:2,289.91 SUNDBERG, RICHARD 12/14/2015 104235 120715 101-22205 Escrow refund 2013-01266 10,000.00 Total 104235:10,000.00 SUPERIOR PAINTING & DECOR 12/14/2015 104236 15 437-48970-520 Police Garage project RFP #15 1,777.50 Total 104236:1,777.50 T W TUPY INC 12/14/2015 104237 113015 651-49910-227 Class 5 and rip rap Storm Water 2,402.65 Total 104237:2,402.65 TASER TRAINING ACADEMY 12/14/2015 104238 37293 101-42110-437 recertification M Siltala Police Department 200.00 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104238:200.00 TOLL GAS & WELDING SUPPLY 12/14/2015 104239 10109826 601-49400-227 welding supplies Water 175.00 TOLL GAS & WELDING SUPPLY 12/14/2015 104239 40037905 101-43000-415 welding supplies Public Works Department 5.76 Total 104239:180.76 TONKAWA INC 12/14/2015 104240 120715 101-22205 Escrow refund 2014-01285 5,000.00 Total 104240:5,000.00 TONY WITTKE 12/14/2015 104241 120415 101-42110-437 training lunch (2)Police Department 18.88 Total 104241:18.88 TOXALERT 12/14/2015 104242 17915 101-41900-403 2016 service contract Central Services 136.00 Total 104242:136.00 TRI CITY LAB 12/14/2015 104243 113015 601-49400-489 water testing Water 31.50 Total 104243:31.50 UNITED STATES POSTAL SERV 12/14/2015 104244 66-2016 101-41900-322 po Box 66 Central Services 90.00 Total 104244:90.00 UNITED STATES POSTAL SERV 12/14/2015 104245 112015 101-41900-322 1st Class Pre Sort permit Central Services 225.00 Total 104245:225.00 UNIVERSITY OF MINNESOTA-C 12/14/2015 104246 120815 101-42400-437 training R. Peitso Building & Zoning 420.00 Total 104246:420.00 VANGUARD CLEANING SYSTE 12/14/2015 104247 42089 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 12/14/2015 104247 42089 101-42110-407 Janitorial service Police Department 1,039.50 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104247:2,475.00 VARNER MOBILE SERVICES LL 12/14/2015 104248 4482 101-43000-402 #427 brake and king pins Public Works Department 4,234.83 Total 104248:4,234.83 VERIZON WIRELESS 12/14/2015 104249 9755113606 101-42110-321 11/07 to 12/06 Police Department 1,364.33 VERIZON WIRELESS 12/14/2015 104249 9755113606 101-41900-321 11/07 to 12/06 Central Services 111.72 VERIZON WIRELESS 12/14/2015 104249 9755113606 101-45210-321 11/07 to 12/06 Golf Course 37.35 VERIZON WIRELESS 12/14/2015 104249 9755113606 601-49400-321 11/07 to 12/06 Water 23.22 VERIZON WIRELESS 12/14/2015 104249 9755113606 602-49450-321 11/07 to 12/06 Sewer 23.22 Total 104249:1,559.84 VINTAGE WASTE SYSTEMS IN 12/14/2015 104250 112015 101-41900-404 Nov service Central Services 195.00 Total 104250:195.00 WASTE MANAGEMENT RECYC 12/14/2015 104251 15816-2808-603-49500-316 Recycling Dec 8,723.20 Total 104251:8,723.20 WEILANDS ALL SEASONS CLINI 12/14/2015 104252 23140 101-41900-403 City Hall furnace repair Central Services 569.50 Total 104252:569.50 WESTSIDE WHOLESALE TIRE 12/14/2015 104253 757758 101-43000-221 tires skid loader Public Works Department 13.70 Total 104253:13.70 WILLIAMS TOWING 12/14/2015 104254 137560 101-42110-402 tow squad 229 Police Department 157.25 WILLIAMS TOWING 12/14/2015 104254 137702 101-42110-402 tow squad 227 Police Department 119.00 WILLIAMS TOWING 12/14/2015 104254 6516479 101-42110-402 tow squad 227 Police Department 97.25 Total 104254:373.50 WINDSTREAM 12/14/2015 104255 58948690 601-49400-321 water plant phone Water 54.80 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 11/24/2015 - 12/14/2015 Dec 10, 2015 09:07AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 104255:54.80 WINKLER, SHAUN 12/14/2015 104256 112415 101-32590 permit refund 2015-01309 50.00 Total 104256:50.00 XCEL ENERGY 12/14/2015 104257 481134893 101-41900-381 10/21 to 11/19 Central Services 1,885.04 XCEL ENERGY 12/14/2015 104257 481134893 101-42110-381 10/21 to 11/19 Police Department 1,135.42 XCEL ENERGY 12/14/2015 104257 481134893 101-42110-381 10/21 to 11/19 Police Department 32.50 XCEL ENERGY 12/14/2015 104257 481134893 101-43000-381 10/21 to 11/19 Public Works Department 146.27 XCEL ENERGY 12/14/2015 104257 481134893 101-43000-386 10/21 to 11/19 Public Works Department 2,049.90 XCEL ENERGY 12/14/2015 104257 481134893 101-45200-381 10/21 to 11/19 Parks 33.50 XCEL ENERGY 12/14/2015 104257 481134893 601-49400-381 10/21 to 11/19 Water 3,472.80 XCEL ENERGY 12/14/2015 104257 481134893 602-49450-381 10/21 to 11/19 Sewer 2,433.00 XCEL ENERGY 12/14/2015 104257 481134893 101-45210-381 10/21 to 11/19 Golf Course 284.36 Total 104257:11,472.79 ZAHL EQUIPMENT 12/14/2015 104258 213107 101-43000-221 oil gun Public Works Department 591.95 Total 104258:591.95 Grand Totals: 457,021.77 REQUEST FOR COUNCIL ACTION DATE: 14 December 2015 ITEM NO: 25 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: Hazardous Building Designation 1735 Fagerness Point Road _____________________________________________________________________________________ List of Exhibits Draft Resolution Draft Order for Repair Case summary, including pictures Purpose. Staff seeks Council adoption of a resolution identifying the structure at 1735 Fagerness Point Road as a hazardous building that is a health and safety hazard to the public. The resolution and the drafted Order require the property owner to remedy the health and safety hazards within 20 days. The City will hire the demolition of the structure and repair of the property; the costs to be billed to the property owner, if the work has not been completed. Background. The city has been unsuccessful in compelling the property owner of 1735 Fagerness Point Road to repair the structure that has deteriorated significantly over time. These attempts have been made over at least the last 4 years, and no work has been completed. The most recent inspection on October 13 showed the unsecured house with damage to the roof, siding, paint, and windows. Openings in the walls and roof have allowed water to infiltrate the structure, rotting the stairs. The City Building Official and City Attorney have identified 13 issues that must be addressed. These are described in the attached order in greater detail. The house is not being lived in. Based on the level of deterioration, removal of the structure is in the best interest of the city. Simply boarding up the doors and windows does not repair the deterioration, and creates an attractive nuisance. COUNCIL ACTION REQUESTED: Council is asked approve the resolution, identifying the structure as hazardous, and direct the city attorney to proceed with the Order. 184564v1 1 CITY OF ORONO RESOLUTION NO. ____ A RESOLUTION ORDERING REPAIR OR REMOVAL OF HAZARDOUS CONDITIONS WHEREAS, the Building Official for the City of Orono has attempted without success to have the owner of certain property remedy the hazardous and unsafe condition of the uninhabitable house situated on property at 1735 Fagerness Point Road, Orono, Minnesota located in the County of Hennepin (“Subject Property”); and WHEREAS, the City Council has determined that the building on the Subject Property constitutes a hazardous building and is a health and safety hazard within the meaning of Minn. Stat. § 463.15, subd. 3. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA: 1. The City has fully considered all evidence relating to the code violations at the Subject Property. Said evidence includes (i) an Administrative Search Warrant regarding the Subject Property which was executed on October 13, 2015; (ii) a letter dated August 11, 2015 from the City of Orono’s Building Official to the property owner stating the numerous hazardous conditions and City Code violations requiring immediate attention; and (iii) additional photographs taken and date stamped 10/13/2015. 2. After fully considering all of the reports, photographs, documents, and other evidence pertaining to the code violations at the Subject Property, the City of Orono finds: a. Toney Williams is the owner of the Subject Property and that there are no liens on the Subject Property. b. The City of Orono has notified the owner of the code violations on numerous occasions and most recently on August 11, 2015. No permits have been issued for repairs and no visual improvements have been made to the Subject Property. c. The Subject Property, which is located in Hennepin County, contains hazards to public health and safety and is therefore a Hazardous Property within the meaning of Minn. Stat. § 463.15, subd. 3. d. The Subject Property is vacant and unsecured from trespass because the back door is broken, the windows are broken, and the front door is unlocked. e. The roof of the Subject Property contains several large holes causing structural deficiencies due to water damage and constant exposure to the elements. 184564v1 2 f. The exterior walls of the Subject Property have not been maintained in good repair. Parts of the exterior are deteriorating, the soffits are falling off, and there are large holes where the siding and sheathing have rotted away. g. The interior of the subject property has an accumulation of garbage and rubbish making it unsanitary. h. The interior of the Subject Property is deteriorating and not maintained in good repair or structurally sound condition. The interior of the Subject Property has water damage from broken pipes, the interior stairway is rotted and unusable, and mold covers the interior ceilings and walls of the Subject Property. i. There is significant rodent and animal infestation at the Subject Property. j. The deck on the exterior of the Subject Property is falling off of the building. k. A shed on the Subject Property has been demolished by a fallen tree. l. There is significant overgrowth of grass and noxious weeds on the property. m. The Subject Property is dilapidated, structurally unsound, and not secured against entry, making it an unsafe building. 3. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and approves the Order for Repair and Removal of Hazardous Conditions attached hereto as Exhibit A. 4. The City’s legal counsel, Campbell Knutson, P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, Minnesota 55121, is directed to serve the Order for Repair and Removal of Hazardous Conditions and to proceed with enforcement in accordance with Minn. Stat. § 463.15 et seq. ADOPTED this _____ day of _____________, 20___, by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: _________________________________ ______________________, Mayor ATTEST: ______________________________ ____________________, City Clerk 184564v1 3 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The undersigned, being the duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Orono City Council on ___________________, 20___, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ______ day of _________, 20____. ___________________________________ City Clerk 184633v1 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil ______________________________________________________________________________ Court File No. ______________________ IN RE: The Matter of a Hazardous Building ORDER FOR REPAIR Located at 1735 Fagerness Point Road, AND REMOVAL OF Orono, Hennepin County, Minnesota HAZARDOUS CONDITIONS ______________________________________________________________________________ TO: Owners and lienholders of the above real estate: Toney J Williams, 3719 Gekler Lane, Apartment 44, Boise, ID 83706 PLEASE BE ADVISED that pursuant to order of the Orono City Council and by authority of Minnesota Statutes § 463.15 et seq., you have twenty (20) days from the date of service of this Order upon you, to remedy the health and safety hazards and the hazardous condition of the property at 1735 Fagerness Point Road, Orono, Minnesota 55391 located in the County of Hennepin, and legally described as follows: Lot One (1), Block Two (2), Maplegate Inlet, according to the map or plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota. After receiving a complaint about the condition of the subject property, the City of Orono made numerous attempts to contact the property owner, Toney Williams, to inform him of the code violations existing at the property. On October 8, 2014, Chris Williams, son of the property owner, stated by email that he was going to start repairs on the property in a few months. On July 7, 2015, Roger Peitso, Building Inspector for the City of Orono, conducted a site investigation of the exterior of subject property to determine if repairs had been completed at the property. Mr. Peitso noted that no permits had been issued for repairs and no visual improvements had been made to secure the property or to stop the ongoing deterioration at the property. On August 11, 2015, Mr. Peitso sent a letter to Toney Williams stating the numerous 184633v1 2 hazardous conditions and City Code violations requiring immediate attention. No response was received from Toney Williams. On October 2, 2015, Mr. Peitso obtained an administrative search warrant from this Court. Pursuant to the administrative search warrant, Mr. Peitso conducted a search of the property on October 13, 2015. The condition of the property was photographed by City staff during the inspection. During the search, Mr. Peitso observed that the house has not been maintained in a manner compatible with adjacent properties. The exterior of the house is unsecured from trespassers and there is damage to the roof, siding, paint, and windows. The interior of the property is deteriorating and not maintained in good repair or structurally sound condition. Large holes in the roof and ceilings have caused structural deficiencies due to water damage and exposure to the elements. Mr. Peitso observed that the interior stairway and exterior deck are unusable due to rotted wood. There is also a demolished shed on the subject property. The October 13, 2015 search, which included inspection for compliance with City Ordinances and applicable State Building and Fire Code requirements, showed the following Code violations on your property, which must be remedied and inspected within twenty (20) days from the date of service of this Order: 1. The Subject Property, which is located in Hennepin County, contains hazards to public health and safety and is therefore a Hazardous Property within the meaning of Minnesota Statutes Section 463.15, subd. 3. 2. The subject property is vacant and unsecured from trespass because the back door is broken, the windows are broken, and the front door is unlocked, in violation of Orono City Code Sections 86.4 and 86.5 and Section 702.3 of the International Property Maintenance Code, 2003 edition, as incorporated in Appendix J of the Minnesota State Fire Code, Minnesota Administrative Rule 7511, and adopted in Orono Code Section 86-43 (hereinafter “I.P.M.C.”). 3. The roof of the subject property contains several large holes causing dampness and deterioration in the walls and interior portion of the structure, in violation of I.P.M.C. Section 304.7. 184633v1 3 4. The exterior walls of the subject property contain holes, breaks, and rotting materials as well as rotted sheathing and detached soffits, in violation of I.P.M.C. Section 304.6. 5. There are numerous broken windows, in violation of I.P.M.C. Section 304.13. 6. The paint around the exterior walls and surfaces of the home is peeling, in violation of I.P.M.C. Section 304.2. 7. The interior of the subject property has an accumulation of garbage and rubbish making it unsanitary, in violation of Orono City Code Sections 58-1(a) and 54-32 and I.P.M.C. Section 305.1. 8. The interior walls of the subject property contain mold, peeled and chipped paint, and decayed wood, in violation of I.P.M.C. Section 305.3. 9. The interior stairway is not maintained in sound condition and good repair making it unusable, in violation of I.P.M.C. Section 305.4. 10. The accumulation of garbage and clothing within the subject property harbors rats, and mice, in violation of Orono City Code Section 62-5 and I.P.M.C. Sections 302.5 and 308.1. 11. The back deck is rotted and structurally unsound, thereby endangering the safety of the public, in violation of I.P.M.C. Section 304.10. 12. The shed on the subject property is dilapidated and has been demolished by a fallen tree, in violation of I.P.M.C. Section 302.7. 13. There is significant overgrowth of grass and noxious weeds on the property in violations of Orono City Code Section 58-1(b), Minn. Stat. Section 18.75, and I.P.M.C. Section 302.4. If you fail to remedy the code violations, the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said twenty (20) day period or unless an answer is filed within twenty (20) days of service of this Order upon you pursuant to Minn. Stat. § 463.18. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minn. Stat. § 463.21. 184633v1 4 If you fail to remedy the code violations, you must remove all personal property or fixtures which will unreasonably interfere with the repair within twenty (20) days of service of this Order upon you pursuant to Minn. Stat. § 463.24. If the personal property or fixtures are not removed within that time, then the City may sell the personal property or fixtures at public auction as provided in Minn. Stat. § 463.24 or the City may destroy the same. Dated: ______________, 2015 CAMPBELL KNUTSON Professional Association By: ________________________________ Soren M. Mattick, #27785X Orono City Attorney Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 ACKNOWLEDGMENT The City of Orono, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.211, subd. 1. Dated: ______________, 2015 __________________________________ Soren M. Mattick 10/13/2015 July 7, 2015 July 7, 2015 July 7, 2015 July 7, 2015 July 7, 2015 REQUEST FOR COUNCIL ACTION DATE: 14 December 2015 ITEM NO: N/A _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Closed Meeting Title Community Development Director _____________________________________________________________________________________ Item Description: Discussion regarding offer to purchase PID 05-117-23-24-0118 _____________________________________________________________________________________ A closed session is scheduled to discuss the offer to purchase about 700 square feet south of Bayside Road. The written proposal will be distributed at the meeting. State Statute permits the discussion regarding an offer to purchase city property to occur in a closed meeting. The approval of a sale must occur in a regular, open meeting.