HomeMy WebLinkAbout02-23-2015 Council Work Session Packet City Council Work Session
Monday, February 23, 2015,5:00 p.m.
Orono City Council Chambers
AGENDA
1. Code Enforcement Discussion(15 Minutes)
2. Prosecuting Attorney(15 Minutes)
3. Wellhead Protection Ordinance(10 Minutes)
4. Public Input at City Council Meetings (5 Minutes)
5. Imaging Project(5 Minutes)
6. Street Funding Discussion(45 Minutes)
a. Baldur Park Road Improvements
b. Watertown Road
7. Future Work Session Topics
Previous Work Session Topics
November 24, 2014
• Park Commission Interviews
• Winter Maintenance of Trails
• Marking City Lake Accesses
• Budget Follow-up
Januarv 26, 2015
• Community Development Director
• Navarre Night
• Build-Out Wall Logo for Council Chambers
• Building Official Retirement
• Videotaping Planning Commission Meetings
• Code Amendments
• Public Input at City Council Meetings
• Whalen Property Easement/Access Issue
Upcoming Work Sessions
March 23, 2015
• Marking City Lake Accesses (Fire Lanes tabled from Nov. 2014) (10 Minutes)
• Development Fees for Connection to North Well (10 Minutes)
• Contract Amendments (tabled item from Dec. 2014) (10 Minutes)
Work Session Topics or Requests
Annual:
• Budget and Goals: part of June, all of July, August and October.
• City Administrator&Police Chief update (3 times per year for 15 minutes)
• Joint PC/Council meeting for check-in/direction(done 11/5/14)
Additional topics:
� Emerald Ash Borer(LL)
• Sewer Connection Fees Policy(MG)
• Social host ordinance; other metro cities? (CF)
• Jennifer Munt from the Met Council (LM)
• Sign ordinance(MC)—new business getting nice banners for short amount of time
• Marina licensing(MG)
SF 799 as introduced - 89th Legislature(2015 -20l 6) Page 1 of 2
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Minnesota State Legislature
Minnesota Senate
SF 799 as introduced - 89th Leglslature (2015 - 2016) Posted on 02/13/2015 09:13am
KEY: st�ie�eR = removed, old language. underscored = added, new language.
Version List- A�thors and Status
Jump to page/line # 9• 2•1
1.1 A bill for ui act
1 2 relating to local govemment;authonzing certain cities to collect civi]penalties
1.3 and fees as a special assessment,amending Mirmcsota Statutes 2014,sections
1.4 412.231;429 101,subdiv�sion 1.
1 5 BE IT ENACTED BY THE LEGISLA'I'URE OF THE STATE OF MINNES07'A:
1.6 Section 1.Minnesota Statutes 2014,section 412.231,is amended to read:
1.7 412.231 PENALTIES.
1.8 �"1'he council shall have the power to declare tl�at the violahon of any ordmance
1.9 sha11 be a penal offense and to prescribe penalties therefor.No such penalty shall exceed a
1.10 fine of$I,000 or imprisonment in a city or county jad for a penod of 90 days,or both,
1.11 but in erther case the costs of prosecution may be added.
1.12 (bl A citv mav orovide bv ordinance that anv civil nenalties or fees that tlie citv
1.13 i�oses as a result ofpropertv-related violations be assessed against one ofthe following;
1.14 (1)the vroaertv which was the subiect matter,or related to the subiect matter,of the
1.15 penalties or fbes:or(2)the nrooertv which was the locahon of an activrtv.pr000sed use.
1 16 delivery of citv service,or other circumsjances which resulted in[he�enalties or fees.I'he
1.17 assessmenu may be collected as a special assessment pwsuant to section 429.101.
1.18 Sec.2.Minnesota Statutes 2014,section 429.101,subdivision 1,is amended to read:
1 19 Subdivision 1.
1.20 Ordinances.
1.21 (a)In addiUon to any other method authorized by
1 22 law or charter,the govemmg body of any municipality may provide for the collec[ion
1 23 of unpaid special charges as a special assessment against the property benefited for all
2 1 or a�iy part of the cost of
2 2 (I)snow,ice,or rubbish removal from sidewalks,
2 3 (2)weed elimination from streets or private property;
2 4 (3)removal or elimination of public health or safety hazards from pnvate property,
2.5 excluding any sWcture mcluded under the provisions of sections 463.15 to 463.2G;
2 6 (4)utstallaUon or repair of water service]tnes,street sprinklmg or other dust
2.7 VeaUnent of streets;
2 8 (5)the trimming and care of trees and the removal of unsound trees from any street
2.9 (6)the treatment and removal of insect infested or diseased trees on private property,
2]0 the repair of sidewalks and alleys;
2 1 l (7)tl�e operation of a street I�ghtmg system;
2 12 (8)ll�e operation and maintenance of a fire protection or a pedestrian skyway system;
2.13 (9)inspections relaRng to a municipal housing maintenance code violadon;
2 14 (10)the recovery of any disbursements under section 504�.445,subdivis�on 4,
2,15 clause(5),including disbursements for payment of utility bills and other services,even if
2 16 provided by a third party,necessary to remedy violations as described in section 504B.445
2.17 subdivision 4,clause(2);eF
2 I8 (11)[Repealed,2004 c 275 s 5)
2 19 (12)the recovery of deluiquent vacant building registrstion fees under a municipal
2 20 program designed to identify and register vacant buildings;or
2.21 (13)civil nenalties or fees imuosed bv a ciri as a result of a aropertv-related
2.22 violation owsuant to section 412.231.naza¢anr h(b1.
2 23 (b)The council ruay by ordinance adopt regulations consistent with this section to
2.24 make this authority effective,including,at the option of the council,provisions for placing
2 25 primary responsibility upon the property owmer or occupaz�t to do the work personally
226 (except in the case of street sprinkling or other dust treatment,alley repair,tree[rimming,
2.27 care,and removal,or the operation of a sueet Lghtmg system)upon no6ce before the work
2 28 is undertaken,and for collection from the property owner or other person served of the
2.29 chazges when due before unpaid chazges are made a special assessment.
2.30 (c)A home rule charter ciry,statutory ciry,county,or town operating an energy
2.31 improvements fmancing program under section 216C 436 has the suthority granted to a
https://www.revisor.mn.gov/bills/text.php?number=SF799&version=0&session=1s89&sess... 2/20/2015
SF 799 as introduced- 89th Legislature(2015 -2016) Page 2 of 2
municipality under pazagraph(a)with respect to energy improvements financed under
thaz section.
https://www.revisor.mn.gov/bills/text.php?number=SF799&version=0&session=1s89&sess... 2/20/2015
�
MEMORANDUM
DATE: 17 February 2015
TO: Mayor McMillan,City Council members,
Jessica Loftus,City Administrator
FROM: Mike Gaffron,Senior Pla
Melanie Curtis, Planner
RE: Code Enforcement-Februa 23 Work Session
Attachments: A-MN Statute§429.101—Unpaid Special Charges May be Special Assessments
B-City of Burnsville Code Enforcement&Fee Schedule
C-League of MN Cities—Administrative Traffic Citations Toolkit
D-Star Trib:Orono man jailed�ve days for junky yard,07/22/14 with Comments
At the Council's]anuary 12th meeting Councilmember Walsh brought up the topic of code
enforcement, suggesting the City should adopt a policy directing a proactive approach. The City has
historically responded to properly maintenance issues on a complaint basis. There are certain
elements of the code which have received a more proactive enforcement action such as activities
where City permits are required or where specific actions are prohibited, such as illegally located signs
on the right-of-way.
Following is a list of code enforcement issues common to most cities including Orono:
Zoning or land use violations Hazardous buildings
Noise— Barking dogs, construction noise, parties, etc. Nuisance Lights
Accumulations of garbage/junk/etc Inoperable/Unlicensed vehicles
Vegetation encroachments upon right-of-way Long grass
Temporary signs Construction w/o permit
Erosion control Obstructions w/in right-of-way
Open Burning
Many topics in the above list are supported by sufficient code language and are readily measurable so
as to be easily enforceable, while others rely on more subjective determinations and necessitate staff
using its discretion to determine whether a violation exists and/or what if any enforcement action to
pursue.
Staff has prepared the following list of factors that should be taken into consideration if a policy
change to a proactive enforcement program is desired:
• Staffing (funding for necessary additional staffing, vehicle, equipment, office space)
• Clear and concise codes
• Support and buy-in from elected officials
• Developed process (inspections, follow-up, appeals, legal enforcement, final resolution)
• Inspection Logistics (How often? Where?When?)
• Integrate with Complaint Management(process, forms, tracking, etc.)
• Legal (funding for legal enforcement funding when non-compliance occurs)
• Public Relations(public education materials, managing public expectations, gaining support and
buy-in from the general public)
• Managing anticipated political pressure, public push-back, negative publicity in media, etc.
Attached are materials regarding inspection fees which Soren will be present to review.
429.101 -2014 Minnesota Statutes Page 1 of 2
2oi4 Minnesota Statutes Authenticate
429.101 UNPAID SPECIAL CHARGES MAY BE SPECIAL ASSESSMENTS.
Subdivision 1. Ordinances. (a)In addition to any other method authorized by law
or charter,the goveming body of any municipality may provide for the collection of
unpaid special charges as a special assessment against the property benefited for all or any
part of the cost of
(1)snow,ice,or rubbish removal from sidewalks;
(2)weed elimination from streets or private property;
(3)removal or elimination of public health or safety hazards from private property,
excluding any structure included under the provisions of sections 463.15 to 463.26;
(4)installation or repair of water service lines,street sprinkling or other dust
treatment of streets;
(5)the trimming and care of trees and the removal of unsound trees from any street;
(6)the treatment and removal of insect infested or diseased trees on private property,
the repair of sidewalks and alleys;
(7)the operarion of a street lighting system;
(8)the operation and maintenance of a fire protecfion or a pedestrian skyway system;
(9)inspections relating to a municipal housing maintenance code violation;
(10)the recovery of any disbursements under section 504B.445,subdivision 4,clause
(5),including disbursements for payment of utility bills and other services,even if
provided by a third pariy,necessary to remedy violations as described in section 504B.445,
subdivision 4,clause(2);or
(11}[Repealed,2004 c 275 s S]
(12)the recovery of delinquent vacant building registration fees under a municipal
program designed to identify and register vacant buildings.
(b)The council may by ordinance adopt regulations consistent with this section to
make this authority effective,including,at the option of the council,provisions for placing
primary responsibility upon the property owner or occupant to do the work personally
(except in the case of street sprinkling or other dust treatment,a11ey repair,tree trimming,
care,and removal,or the operation of a street lighting system)upon notice before the work
is undertaken,and for collection from the properiy owner or other person served of the
charges when due before unpaid charges are made a special assessment.
(c)A home rule charter city,statutory city,county,or town operating an energy
improvements fmancing program under section 216C.436 has the authority granted to a
municipality under paragraph(a)with respect to energy improvements financed under that
section.
Subd.2. Procedure for assessmen� Any special assessment levied under
subdivision 1 shall be payable in a single installment,or by up to ten equal annual
installments as the council may provide,except that a special assessment made under an
energy improvements financing program under subdivision 1,paragraph(c),may be
repayable in up to 20 equal installments.With these exceptions, sections 429.061,429.071,
and 429.081 shall apply to assessments made under this section.
Subd.3. Issuance of obligations. (a)After a contract for any of the work
enumerated in subdivision 1 has been let,or the work commenced,the council may issue
https:/Jwww.revisor.mn.gov/statutes/?id=429.101 2/19/2015
429.101 -2014 Minnesota Statutes Page 2 of 2
obligations to defray the expense of any such work financed in whole or in part by special
charges and assessments imposed upon benefited property under this secrion.
(b)Secrion 429.091 shall apply to such obligations with the following modifications:
(1)such obligations shall be payable not more than two years from the date of
issuance;
(2)the amount of such obligations issued at one time in a municipality shall not
exceed the cost of such work during the ensuing six months as estimated by the council;
(3)a separate improvement fund shall be set up for each of the enumerated services
referred to in subdivision 1 and financed under this section.
(c)Proceeds of special charges as well as special assessments and ta�ces sha11 be
credited to such improvement fund.
History: 1953 c 398 s 10: 1955 c 811 s 6: 1963 c 771 s S: 1965 c 323 s 2; 1973 c
337 s 1: 1974 c 340 s 1,2; 1984 c 548 s 7; 1984 c 582 s 7; 1984 c 591 s 6; 1984 c 633 s 5;
1986 c 444; 1 Sp2003 c 21 art 11 s 29;2004 c 275 s 2:2008 c 366 art 6 s 42;2010 c 216 s
22•2013c85art8s6
Convriaht n 2014 by the Revisor of Statutes, State of Minnesota. All rights reserved.
https://www.revisor.mn.gov/statutes/?id=429.101 2/19l2015
Sterling Codifiers,Inc. G'f'� a� �c�c.rn Svi( l� Page 5 0
CodG �kcer��tS
4-8-1-5: APPROVAL:� "
(A) Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this
chapter,the code official shall have the authority to grant modifications for individual cases. The code
official shall first find that strict compliance with this chapter imposes practical difficulties onto the
owner, and that modification does not lessen health, aesthetic, life and fire safety requirements.
Modifications shall only relate to such things as alternative materials, methods, and equipment, or an
extension of time to remedy code violations; however no modifications from specific code
requirements shall be granted. The details of action granting modifications shall be recorded and
entered in the department files. (Ord. 1316, 4-8-2014)
(B)Alternative Materials, Methods And Equipment: The provisions of this chapter are not intended to
prevent the installation of any material or to prohibit any method of construction not specifically
prescribed by this chapter, provided that any such alternative has been approved.An altemative
material or method of construction shall be approved where the code official finds that the proposed
design is satisfactory and complies with the intent of the provisions of this chapter, and that the
material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed
in this chapter in quality, strength, effectiveness,fire resistance, durability and safety.
(C) Required Testing:Whenever there is insufficient evidence of compfiance with the provisions of this
chapter, or evidence that a material or method does not conform to the requirements of this chapter,
or in order to substantiate claims for alternative materials or methods, the code official shall have the
authority to require tests as evidence of compliance to be made at no expense to the city.
(D)Test Methods: Test methods shall be as specified in this chapter or by other recognized test
standards. In the absence of recognized and accepted test methods, the code official shall approve
the testing procedures. (Ord. 706, 3-16-1998)
4-8-1-6: VIOLATIONS:I'�1�
(A) Unlawful Acts: It shall be unlawful for a person,firm or corporation to be in conflict with or in violation
of any of the provisions of this chapter.
(B) Notice Of Violation: The code official shall serve a notice of violation or order in accordance with
section 4-8-1-7 of this chapter or as required by state statute.
(C) Prosecution Of Violation: If the notice of violation is not complied with,the code official shall institute
the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the structure in violation of the provisions of
this chapter or of the order or direction made pursuant thereto.
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Sterling Codifiers, Inc. Page 6 of 30
(D)Violation Penalties:Any person who shall violate a provision of this chapter, or fail to comply
therewith, or with any of the requirements thereof is guilty of a misdemeanor. Each day that a violation
continues after due notice has been served shall be deemed a separate offense.
(E)Abatement Of Violation:The imposition of the penalties herein prescribed shall not preclude the city
attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent legal
occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization
of the building, structure or premises.
(F) Fees And Charges: The property and the owner of record shall be respvnsible for any city costs in
enforcing the provisions of this chapter including reinspection fees, civil fines, or other fees, charges or
penalties that are imposed as permitted by law. (Ord. 1309, 12-3-2013)
4-8-1-7: NOTICES AND ORDERS:I"�'�
(A) Notice To Owner Or To Person Or Persons Responsible: Whenever the code official determines that
there has been a violation of this chapter or has grounds to believe that a violation has occurred,
notice shall be given to the owner or the person or persons responsible therefor in the manner
prescribed in subsections(B) and (C) of this seetion. Property owners are responsible for their
property regardless of occupancy. (Ord. 1300, 5-142013)
(B) Form: Such notice prescribed in subsection (A)of this section shall:
1. Be in writing;
2. Include a description of the real estate sufficient for identification;
3. Include a statement of the violation or violations and why the notice is being issued; and
4. Include a correction order allowing a reasonable time to make the repairs and improvements
required to bring the dwelling unit or structure into compliance with the provisions of this chapter.
(C) Method Of Service: Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally; or
2. Sent by certified or first class mail addressed to the owner at the last known address; or
3. If the notice is retumed showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by such notice.
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Sterling Codifiers,Inc. Page 7 of 30
(D)Transfer Of Ownership: It shail be unlawful for the owner of any dwelling unit or structure who has
received a compliance order or upon whom a notice of violation has been served to sell,transfer,
mortgage, lease or otherwise dispose of to another unit until the provisions of the compliance order or
notice of violation have been complied with,or until such owner shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by
the code official and shall furnish to the code official a signed and notarized statement from the
grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or �
notice of violation and fully accepting the responsibility without condition for making the corrections or
repairs required by such compliance order or notice of violation. (Ord. 706, 3-16-1998) �
(E) Unauthorized Tampering: Signs,tags or seals posted or affixed by the code official shafl not be
mutilated, destroyed or tampered with,or removed without authorization from the code official. (Ord.
1300, 5-14-2013)
4-8-1-8: HAZARDOUS AND SUBSTANDARD BUILDINGS AND VACANT BUILDINGS:
�l -..« �
(A)Hazardous And Substandard Buildings: Hazardous and substandard buildings shall be abated in
accordance with Minnesota statutes, section 463.15 et seq. Said buildings shall be immediately
secured and repaired or demolished within ninety(90) days.
(B)Securing Vacant Buildings:Vacant or unoccupied buildings shall be secured in accordance with
Minnesota statutes, section 463.251. Buildings that are vacant or unoccupied for more than five(5)
days may be secured by the ciry and the cost of the emergency securing will be charged to the
property owner. (Ord. 1300, 5-14-2013)
4-8-1-9: EMERGENCY MEASURES:�
(A) Imminent Danger:When, in the opinion of the code official,there is imminent danger of failure or
collapse of a building or structure which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure, or when there is actual or potential
danger to the building occupants or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective
or dangerous equipment,the code official is hereby authorized and empowered to order and require
the occupants to vacate the premises forthwith.The code official shall cause to be posted at each
entrance to such structure a notice reading as follows: "This Structure Is Unsafe And Its Occupancy
Has Been Prohibited By The Code Official". It shall be unlawful for any person to enter such structure
except for the purpose of securing the structure, making the required repairs, removing the hazardous
condition, or of demolishing the same.
http://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=22142 2/19/2015
Licensing and Code Enforcement Fees & Charges
City of Burnsville 2015 Budget
Policy No.4.020
� �
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, ��.,"d't .Y� �1� " :�..:..�:.�,.� • -4Y} +n�'W:S.. . , i i{.
License $5,000
Investigation Fee $1,500
Change in Operating Manager/Officer $�d
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Gambling Occasion $��
Gambling Premises Permit Fee $250
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Apartment Complex per building $��
Apartment Complex per unit(in addition to er building charge) $30
Townhome Complex per building $80
Townhome Complex per unit(in addition to per building char e • $10
Manufadured Home Park(only if Park owns and rents dwelling units) $250
Manufactured Home Park per unit(oniy for dwelling units owned and rented b the Park) $40
Individual Unit(Sin e Famil ,condo,Townhouse,Manufactured Home,etc.) $150
Individual Unit(condo,Townhouse,etc.)located within an association or within the same $130
building
Individual Unit(Single Family,condo,Townhouse,Manufactured Home,etc.)conversion $110
fee
Rental License re-inspedion fee for any type of unit $��
Rental License re-instatement fee per unit or building $2�
Common area annual flre inspedion per building $150
Late fee—percent of base fee 25%for 15-29 days late
5096#or 30-45 days late
100%for over 45 da s late
�olation Appeal filing fee $1�
.�..s.yi �L•,:y�S=. 'F:, T, !°h'3Q�'SN Ct:0. Y " :�, i
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Initial Inspection and re-inspedion $�
(No charge if resolved)
3rd inspection(2 re-inspection) $110
4 inspedion(3 re-inspection)and citation issued $160
Any subsequent inspections $110
Weed Control&Other Properry Clean Up Administration Fee(per service) $50
�y :Sk•: 're � i3.r.. . Y , .�F.
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Property Repair Expense Assessment Request $420
City of Burnsville 2015 Budget Fees&Charges-Licensing and Code Enforcement
� � INFORMATION MEMO
L��`�U� °� Administrative Traffic Citations Toolkit
�il'�l�IESUTA
�ITIES
Learn about the law authorizing exclusive use of administrative traffic citations for minor traffic
offenses. Find the steps a city must take to issue these citations. Red toolkit icons mark links to model
resolutions, brochures, notice letters, and other required forms to make use of this law.
Take action with Information Memo toolkits.They contain the forms,
samples, or models a city can use to take action on a process or project.
" ' -' Look for the toolkit icon so you can download that tool to use or modify it
This toolbox icon marks the
link to a downloadable tool. for yoUT Clty.
RELEVANT LINKS: �. Legal authority
M�.s�t§�69.999. Since 2009 cities have been empowered to issue administrative citations for
certain traffic offenses.Note that this toolkit does not implement or
Special Review of recommend a driver diversion program,where drivers pay a fee,complete a
Adminislrative Trat�ic
Citations and Local Traffic class, and then the traffic oi�ense does not appear on the violator's driving
DiversionPrograms, record.The state auditor finds no sta.tutory authority for diversion programs.
Legavspecial In�est�gacian
Division Office of the State
Auditor,Nov.13,2013.
This toolkit helps cities institute a process for issuing administrative traffic
citations. It contains a number of provisions a city may want to adopt.A city
wishing to adopt any part of this toolkit should review the materials with the
city attorney to deterinine which provisions and what language are best
suited to the city's circumstances.Because provisions within this toolkit
implicate state statutes and involve state and federa.l constitutional rights,the
city attorney should review any modifications to ensure they conform to
current law.
This is an exclusive remedy for administrative traffic citations. That is,no
staiutory or home rule charter city may use a different process for issuing
such administrative traffic citations.A city may,however,issue other kinds
of administrative citations pursuant to local ordinance for non-traff'ic matters
such as liquor licensing ordinance violations,nuisance and animal ordinance
violations, and so on.
II. Implementing administrative traffic citations
The statute requires a city to take several steps to allow it to use the
authority granted by law.
This material is provided as general infortnation and is not a substitute for legal advice.Consult your attomey for advice conceming specific s'Ruations.
145 University Ave.West www.lmc.org 7/21/2014
Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 �2014 AII Rights Reserved
RELEVANT LINKS:
A. Resolution
The city must pass a resolution that:
• Authorizes police use of administrative traffic citations for$60 per ;
violation.
LMC model,Administrative • Obligates the city to provide a neutral third party to hear and rule on
CitationsAuthorLarion challenges.
Resolu�ion. � B�s peace officers from issuing administrative traffc citations in
violation of this law.
B. Appeal process
The city must set up an appeal process using a neutral third-party hearing j
officer for those who wish to contest their administrative traffic citation.The
legislative intent is that this hearing officer be someone other than city staff
or the city council.
Minn.Stat.§169.999,�na The law requires that the city inform the recipient of an administrative
4, cita.tion of his or her right to challenge the citation,provide a"civil process"
for challenges, and provide a"neutral third party to hear and rule on
challenges"to a citation. The law does not provide a definition for a"neutral
third pariy"or provide extensive guidance for cities.However,a common
understanding of"neutral"would require that the hearing officer be
impartial to both the interests of the city and the recipient of the citation. In
addition,a common understanding of"third part�'would require that the
hearing officer not be one of the principal participants in the controversy '
(the city or the citation recipient).As a result,the hearing officer should
most likely not be the city council as a whole,an individual councilmember,
or a higher-level ciry officer such as the city administrator or clerk. The
neutral third party should be someone hired by the city to specifically handle
challenges to citations.The city may set up a schedule for these hearings,
such as one day per month,and the city may charge a fee for these appeals.
C. Notify commissioner
M�.s�t.§169 999 Su�a. The city must notify the commissioner of Public Safety that the council
l(e).
s«�a noti�e�o: passed a resolution allowing police officers to issue administrative tr�c
DPS.CommissionersQstate. C1tc1L10I1S. You may send the notice by mail or by email.Be sure to keep a
mn.us or
Commissioner,MN Dept.of COP�'.
Public Safety
445 Minnesota Street
St.Paul MN 55101-5155
I,MC model,Not;fication
Letfer to the Comn:issioner of
Public Sajery.
League of Minnesota CiUes Informabon Memo: 7/21/2014
Administrative Traffic Citations Toolkit Pa9e 2
RELEVANT LINKS:
D. Information sheet
M�.s�t 169.999 S°bd. Cities must inform the driver of the vehicle that the driver has the right to
a�a�. contest the citation.It's a good idea to do this in writing. One strategy is to
develop an information sheet to give to anyone who gets an administrative
traffic citation describing how the person may contest it.
LMC model,Brochwe for
Adminismrtive TiaJjFc
Citation Recrpients
E. Use recommended uniform traffic citation
The commissioner of Public Safety approved a sample form in 2009 for the
uniform traffic citation format.Cities may use this form and modify it for a
DPS sample Unifarm TrafJic city-specific process.Because provisions wrthm this form potentially
crrauon Fo.�,�. involve constitutional rights,the city attorney should review all
modifications to ensure it conforms to local procedures and current law.
F. Track citations
M�,.s�c.§6.�a. The city must track the number of administrative traffic citations it issues
Handbook,Chapter 27.
and the money it collects. The state auditor must then collect that
s��So,Office of the State information from cities each year as a line item in the annual financial
Auditor.Administrative
Traffic Citarion Fines reporting forms.The line item specifically asks for administrative fines
con�t�a�y� collected pursuant to Minn. Stat. § 169.999.
Govemments pursuant to
Minn.Stat§169.999
By yeaz(by type of local
governmertt),Appendix 4.
III. Issuing citations
Police officers may issue an administrative traffic citation to a vehicle
operator who:
Minn.Stat.§169.999 subd. • Violates speed limits by less than 10 miles per hour.
1(b).
• Fails to obey a stop line.
• Operates a vehicle with a cra.cked windshield or other specific equipment
violation.
However,cities are not required to issue administrative citations under the
law.The process is entirely optional. Cities that believe that administrative
citations make sense for them may adopt a resolution to issue such citations.
In addition,where administrative citations have been adopted,the city
Minn.Stat§169.999 subd. CaY1riOt I'OqUII'C,by ordinance or otherwise,that peace officers issue
2.
administrative citations.Under the law,peace officers always have the
discretion to issue an administrative citation,give a warning, or issue a state
M�.s�t.§i69.9ss. criminal ticket.
League of Mi�nesota Cities Infortnation Memo: 7/21/2014
Adminisfrative Tra�c Citations Toolkit Page 3
RELEVANT LINKS:
In addition, cities may not set quotas that require or suggest that an officer
issue a certain number of administrative citations.
Minn.Stat.g 169 999,�ba. Due to state and federal law,people who have a commercial driver's license
g, or who are driving a commercial vehicle at the time of the citation may not
Minn.Stat.§171.163 be issued an administrative citation.
49 C.F.R§384.226.
A. Traffic offenses
1. Speed limits
�.sc�t§i69.ia. Cities may issue administrative citations for violations of Minn. Stat. §
169.14 where the speed of the vehicle is under 10 miles per hour in excess of
the lawful speed limit. The actual speed of the vehicle must be listed on the
citation,and peace officers may not reduce the recorded speed for the
purposes of issuing an administrative citation.
It is important to note that this statute generally prohibits speeding above the
posted limit,but also prohibits: operating a vehicle at a"speed greater than
is reasonable and prudent under the conditions"or without due care; failing
to reduce speed when approaching or passing an authorized emergency
vehicle stopped with emergency lights flashing;failing to reduce speed
when approaching and crossing an intersection or railway grade crossing;
failing to reduce speed when special hazards exist(such as pedestrians,other
traffic,weather or highway conditions); driving slower than a posted
minimum speed; and selling,offering for sale,using,or possessing any radar
jammer in Minnesota..
Issuance of an administrative citation for reasons other than simple speeding
under Minn. Stat. § 169.14 remains subject to the 10-mile-per-hour limit.
Specifically, if the citation for failing to reduce speed in adverse weather
conditions involves speeding that is greater than 10 miles per hour over the
limit,the officer should not issue an administrative citation.
2. Stop line violations
Mll'1'.s�t.§169.999 s°�a. The law states that cities may issue administrative citations to vehicle
1�'�� operators who"fail to obey a stop line."A stop line violation is not a failure
to stop completely as directed by a stop sign or traffic control signal.A
regular criminal citation must still be issued for this type of traffic violation.
M��°�M�'�°� A stop line is a solid white line e�rtending across approach lanes that
Uniform Traffic Conlrol
�,,;�es,§3B.16. indicates where vehicles are required to stop in compliance with a stop sign,
traffic control signal,or some other traffic control device.An administrative
citation for a stop line violation may be issued to a vehicle operator who
fails to heed the direction for where to stop,presumably by driving over the
line.
League of Minnesota Cides Information Memo: 7/21/2014
Administrative Traffic C'rtabons Toolkit Page 4
RELEVANT LINKS:
3. Equipment violations
See Appendix A,L�st of Cities may issue administra.tive citations for violations of certain statutes
c'�'le o�e�. relating mainly to violations of the law on required vehicle equipment,
including but not limited to:hitching a toboggan,hand sled,bicycle,or other
similar device onto any motor vehicle while being used on a street;driving
vehicles in an unsafe condition as to endanger any person;wearing
headphones or earphones that are used in both ears while driving;te�ing
while driving;failing to use lights while driving at night or bad weather;
having broken taiUbrake lights;failing to use a red flag on a projecting load;
failing to use a slow moving vehicle sign;having loud mufflers and exhaust
systems not in good working order;ha.ving cracked or obstructed
windshields;and using unsafe or unauthorized metal studded tires.
B. Non-traffic offenses
The law does not preclude the use of administrative citaxions for non-traffic
offenses.Cities may still issue administrative citations pursuant to local
ordinance for non-tr�c matters such as liquor licensing ordinance
violations,nuisance and animal ordinance violations,etc.However,the law
specifically lists out the traffic offenses under Minn. Stat.,ch. 169 for which
an administrative citation may be issued as discussed above, and specifically
prohibits the issuance of administrative citations for other violations of
Minn. Stat., ch. 169.
C. Other city traffic ordinance violations
Cities have ample authority to adopt regulations to"regulate the use"of city
streets in a manner that is consistent with Minn. Stat., ch. 169.Some cities
have adopted traffic ordinances on subjects not regulated by Minn. Stat.,ch.
169 and may be currently imposing administrative fines for violations.For
example,cities may have ordinances prohibiting cruising,engine retarding
braking(sometimes called"Jake"braking),or excessive acceleration.Under
the law,cities may continue to issue city administrative citations for these
types of local ordinance violations consistent with city ordinance.However,
cities may not use the uniform administrative citation designed by the
commissioner of Public Safety for these types of citations. Cities must
develop or continue to use their own citation form for these violations.
D. Local parking ordinance violations
The law specifically lists out the traffic offenses under Minn. Sta.t.,ch. 169
for which an administrative citation may be issued,and specifically prohibits
the issuance of administrative citations for other violations of Minn. Stat.,
ch. 169.Parking violations are not specifically listed as an offense for which
the uniform administrative cita.tion can be issued.
League of Minnesota Cities Infomiation Memo: 7/21/2014
Administrative TraHic C'itaations Toolkit Page 5
RELEVANT LINKS:
However,cities may still issue local administrative cita.tions for parking
violations because state law specifically states
Minn.Stat§169.04(a)(3). "the provisions of this chapter[Minn. Stat., ch. 169—including
Minn. Stat., �169.999J shall not be deemed to prevent local
authorities, with respect to streets and highways under their
jurisdiction. . . and within the reasonable exercise of the police
power from. . . regulating the standing or parking of vehicles."
E. Use of previous administrative citations
systems for traffic offenses
It is highly likely that cities that are issuing administrative citations for
Minn. Stat.ch. 169 traffic offenses under systems established prior to the
20091aw change should cease or drastically revamp their citation program.
The law specifically lists out the tr�c offenses under Minn. Stat.,ch. 169
for which an administrative cita.tion may be issued,and specifically prohibits
the issuance of administrative citations for other violations of Minn.Stat.,
ch. 169.T'he law also requires a city to use a prescribed uniform citation
form designed by the commissioner of Public Safety.Finally,the statute
requires a set$60 administrative fine,mandates how that fine must be
divided between the city and state,and requires the city to spend at least
one-half of its fine revenues on law enforcement purposes.
IV. Administrative fines
Minn.Stat.§169 999 subd. Agalll,the law requires that a city impose a fine of$60 per citation.When a
5.
city peace officer issues the administrative citation,the fine must be shared
with the state in the following manner:
• Two-thirds of the fine($40)remains with the city that issued the
administrative citation.
• One-third of the fine($20)must be paid to the sta.te commissioner of
Finance for deposit into the state's general fund.
• One-half of the city's share of the fine($20)must be used for law
i.nsc�oaei,Le«r enforcement purposes.The law specifically requires that the funds"be
Trm�.smitting Fines ro the used to supplement but not supplant any existing law enforcement
State.
funding."
If a citation recipient does not pay the fine,the city may choose to dismiss
the administrative citation and issue a state criminal traffic citation instead.
In the alternative,the city may use traditional debt collection methods.There
is,however,no authority in the law for cities to specially assess the fine
against real property for payment as ta��es.
Cities must track both the number of citations issued and separately account
for any fine revenues in a11 city financial reports, summaries,and audits.
League of Minnesota Cities IMamation Memo: 7/21/2014
Administrative Traffic CitaGons Toolkit Page 6
RELEVANT LINKS:
V. Further assistance
ResearchQlmc.org The League's Research Service is available to help you with your questions
651.281.1200
soo.92s.i�2z about administrative fines.
League of Minnesota Cities Inforrnation Memo: 7/21/2014
AdminisVative Traffic Citations Toolkit Page 7
Appendix A: List of citable offenses
This is not a list of offenses that must be cited,only a list of violations for which an
administrative traffic citation may be written pursuant to Minn. Stat. § 169.999.
This list was originally compiled by a policy analyst for the state patrol.The first column of the
original list included code numbers used by the state patrol. Where no state patrol number is
given,the material has been added.
Note: This dist is not provided as legal advice;consult your attorney concerning specific violations as not all noted
sections may include his or her interpretation of a citable offertse.
State Patrol Offense Authority to Cite the Offense
Code No.
1004 Speed less than 10 mph above Minn-Stat. § 169.14
sted s eed limit
Work zone Speeds as set by state 2014 Minn.Laws ch.312,art.11, §7,amending
or the local road authori Mu►n.Stat. §169.14 subd Sd.
Speed greater than is reasonable Minn•Stat.§169.14.
and prudent under the conditions
or without due care
Failing to reduce speed when Minn.Stat. §169.14,subd.3.
approaching or passing an
authorized emergency vehicle
stopped with emergency light
flashin
Failing to reduce speed when Minn.Stat.§169.14,subd.3.
approaching and crossing an
intersection or railway grade
crossin
Failing to reduce speed when Miiu►-Stat.§169.14,subd.3.
special hazards exist(such as
pedestrians,other traffic,
weather,or hi wa conditions)
Driving slower than a posted 1Vlinn•Stat. §169.14,subd.8.
minimum s eed
Possessing any radar jammer in �•Stat.§169.14,subd. 12.
Minnesota
Hitching a toboggan,hand sled, 11�Iinn•Stat.§169.46.
bicycle,or other similar device
onto any motor vehicle while
bein used on a street
Driving vehicles that are in an Minn.Stat.§169.47.
unsafe condition as to endanger
an erson
League of Minnesota CRles Information Memo: 7/21/2014
Administrative TraFfic Citations Toolkit Page 8
1005 Stop line violation(does not Minn.Stat. §169.30(b).
include sema hore
1112 Television and head hone use 1�'Iinn•Stat.§169.471.
1114 Use of phone for texting and/or Minn•Stat.§169.475.
web access
1102 Defective lighting Minn.Stat.§169.49:Headlamps
Minn.Stat. §169.50:Rear lamps
Minn.Stat.§169.51:Cleazance and marker lamps
Minn.Stat.§169.53:Lights for parked vehicles
Minn.Stat.§169.55:Lights on all vehicles
Minn.Stat.§169.56:Auxiliary lights
Minn.Stat.§169.57:Vehicle signals,including turn
signals
Minn.Stai. §1b9.58:Identification lamps
Minn.Stat. §169.59:Warning lights
Minn.StaY. §169.60:Dishibution of light
Minn.Stat.§169.61:Composite beam
Minn.Stat.§169.63 Number of lamps
Minn.Stat_§169.64:Prolvbited lights
Minn.Stat.§169.65:Specifications for lighting and
other devices.
1040 Headlam s not on Minn.Stat.§169.48 and 169.49,(see above).
1020 Ille al use li hts Minn.Stat. §169.64 and 169.65,see above).
1199 Projecting load lighdflag Minn.Stat. §169.52.
violation
1102 Slow-movin vehicle sign Minn-Stat. §169.522.
1101 Brake violations(including Minn.Stat.§169.67.
trailer
1199 Horn Minn.Stat.§169.68.
1107 Muffler and noise violation Minn•Stat.§169.69 Muffler
Minn.Stat. 169.693:Motor vehicle noise limits
1199 Rearview mirror Minn.Stat.§169.70.
1105 Tire violations Minn.Stat.§169.72:Studded tires
Minn.Stat.§169.721:Unsafe tires
Minn.Stat.§169.723:Tires considered unsafe
Minn.Stat.§169.724:Prolubirion,operating
automobile with unsafe tires
Minn.Stat.§169.726:Automobile sale prohibited
unless ties aze safe.
Minn.Stat. 169.727:Unsafe tires;misdemeanor.
1108 Bum er violations Minn.Stat.§169.73.
1199/1081/ Window violations(including 1Vlinn.Stat.§169.71.
1110 tint
1199 Wheel fenders/fla s(trucks Minn.Stat.§169.733. ;
1199 Flare/trian le violation Minn.Stat.§169.75.
Wheel fenders/fla s cars Minn.Stat.§169.734.
Window violations(safety glass Minn.Stat.§169.74.
re uirements
Missin lates Minn.Stat.§169.79.
League of Minnesota Cities Informa8on Memo: 7/21/2014
Administrative Traffic Citations Toolkit Page 9
Orono man jailed five days for junky yard � Full Disclosure � StarTribune.com Page 1 of 7
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Orono man jailed five days for junky yard SomuchforUtopia:Ulowersitssightsfor
UMore Paric
Pasted by:James Eli Shiffer ; Updated July 22,2014-1.13 PM
"20th hi�acker'speaks from pnson,renewing
3t commeMa priM push to unseal 9/11 docs
Yes,some people still want phone books
James Barth checked in to � Impon of art treasures to M�nnesota gets
the Hennepin County workhouse federal OK
on Saturday for a five-day stay,
courteSy Of a Squabble with the Judge tosses lawsuit that sought secrecy for �
city of Orono over what he was �iVP.51fIN(fArtilS
storing in his yard.While the
dispute began with a May 2010
inspection,the most recent trouble post by category
involved some ladders and logs
near a garage,according to his
brother,Jeff Vikings(1) AFC(1)
Imprisornng someone who violates eears�i� Lions(6)
a zomng ordinance is an unusual
but not unprecedented use of a ;
aty's power to govem what On the road(1)
someone dces on their
property The city says Barth
wolated atv ordinance 78-1577, �O���
which govems"exterior storage"in
residential zones An ordinance
violation can be treated as a s �
misdemeanor. Jr�° most read most emailed most watched
r�r ' � I °
Barth is an over-the-road trucker
who lives with his brother John at The offending�unk(photo from Jeff Barth) In a lwist,LAkevllle superintendent shadows
3725 Togo Road,an old house on
H.S.atuderH for a day
a leafy lot thaYs a little more than half an acre He's actually one of tnplets.James,John and Jeff are MqC lets go of co�rtractorthat guldes travelen
49 years old,and they're speaking with one voice about what they see as a city going overboard in at MSP
punishing a property owner.
Stlllwater narrowa aupeAntendent search
"He shouldn't be gomg to jad for ladders and firewood,"Jeff Barth said."IYs just outrageous."
Minneapolla oMcer flres at man wlth ahotgun in
Soren Mattick,the city attomey for Orono,said that the workhouse sentence was the decision of a Normease
judge that followed a missed court date,a bench warrant and a recent inspection that revealed Fomier Minneapolis cop charged wlth
continuing code violations.
Impenonating police oRicer,meth posaeaalon
"I don't think it just comes down to whaYs on the lawn,"Mattick said As far as the city prosecuting �p starts expreaa bus service from Manchall
someone for the upkeep of their property,"those standards are meant to be commurnty standards . rtoad stanon on monday
This is how we would like to see the community to look"
Bfllboard ahamea Mlnneapolis School Dlst�ict
The trouble began with a city inspection in May 2010,which revealed Barth was keeping"lumber, spending
scrap metals,ladders,tires,rims,metal shelving,garbage bags,5-gallon buckets,tarps,fumiture,
util�ty trailers,miscellaneous construction debris,junk and a Ford L800 Diesel vehicle with expired Minneapolis achools lead attomey stepping
registration."After a third inspection,in August 2010,determmed that more�unk had accumulated("a aown
http://www.starnibune.com/local/blogs/267982061.htm1 2/19/2015
Orono man jailed five days for junky yard � Full Disclosure � StarTribune.com Page 2 of 7
wooden gate,an appliance,a battery,and a carpet remnanY')the city decided to prosecute In 2011,
Barth pleaded guilty to one count of violating a cdy ordinance,and received probation ADVERTISEMENT
He got rid of the old truck and much of the other stuff,but after another mspection this spring ADVERTISEMENT
Barth was back in court.Judge Ivy Bernhardson ordered him to report to the workhouse on July 19 ga311g out
and told him to have the violations eliminated by July 24. N
John Barth showed up at the Orono City Council meeting June 23 to plead for help Mattick said it
was�n the�udge's hands."Mattick noted James Barth had three years to clean up the violations and
that it was not a matter of two ladders. Mattick stated there were a number of pictures showing
violations presented at the hearing and that if James Barth had done what the court ordered three
years ago,he would not have served any time in�ad,"accordina to the minutes of the meetina.
Doxmload our
I'm stdl waiting to see those pictures,which I've requested from Mattick and the Hennepin district entertainmeM
court staff For now,I offer the photo above,which Jeff Barth emaded to me. aPP»
Jeff Barth said that before last week,his brother got a Bobcat,buried the rotting wood and got nd of ��t�]
the other stuff,so there are no more violations But that wasn't enough to get the judge to keep a�gg�
James Barth out of jail
�a u¢bo
a older post newer post�
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Newest�Oldest
bUffC00t Jul 30,14
Eifing busy bodies mind ur own busmess!If you cant see it its none of your busmess If its�n�g� Dogs
our ro ert its none of hour business��� Our MINIATURE
' Y P P Y GOLDENDOODLES have amved��
Check the pictures out on
PUPPIESUPNORTH COM We
Like Reply only h
More Info
raleighmama Jui 2a,ia
1 40 PM DO9S
Looking at Google maps satellite view this junk would been wsible no no one other that the TIBETAN TERRIERS 12 wks,4 F,3 blk 8 whde,1 buff&
homeowner So now the wood is buried on the property,and the�unk is gone white$750 7 mo M black 8 wht$350 612-889-6721
More Info
Doesn't anyone else find d odd that a guy with junk in his yard gets 5 days in jad,while the drug
dealers and pimps get a stern waming and drversion? Estate Sales
Andover 13365 Heather St NW Wed-Thu 9 30.4 30#s
8 Wed 2/1&19 Dir Hwy 10(E)of Moka lo Round Lk
Blvd(N)to Bunker
Mo2 Info
3 B, � .�,Like Reply
Autos(Cars,Trucks,
tomzu Jul 24,14 Vans,SUVs)
� 2011 Chevrolet Silveredo 2500 LT
Orono should apply such high standards to their roads Hillbdly roads amidst the mansions��iePcAP es,000 miles,very Gean PiGcup
out roads just north off CR 6.Paved nicely on Medina side and pothole plus on Orono side of 7n,dc,gray exugray int,Automanc
trensmiss�on 6 0 Vorte
border Been that way for at least ten years More Info
L�ke Repiy Search the Classifieds�Place an Ad
jeff7781west Jul 22,14
A short story by professor poppy e 51 PM
Tiile-Orono man gets 5 days�ad time for stuff behind his garage.
Chapter one—Hello Kitty
ADVERTISEMENT
http://www.startribune.com/local/blogs/267982061.htrn1 2/19/2015
Orono man jailed five days for junky yard � Full Disclosure � StarTribune.com Page 3 of 7
I never would of thought anyone in a million years could ever be sentenced to�ad for 5 days
because they stored ladders,firewood and some harmless homeowner stuff behind their garage,
thaYs tucked back in the woods so far you would need a search party to find.
Well wrong again,seems to be a pattern lately in the world today,and most recently in Orono,
Minnesota"ya don't u know"Apparently in Orono they don't like that kind of stuff,and will go out
of their way to prosecute these kind of unruly,home owning,taxpaying,worker bees and die hard
Viking fans with stuff behind their garages
So,some three years ago some nice Orono dty employee comes snooping around,pulls nght into
the dnveway with one of those fancy luxury suv and starts taking pictures of stuff behind said
tucked back in the woods garage.
Not knowing what she migM find and taking great caution as not to alert any wildlife that could alert
anyone of her posdion,successful in her photo journalism pro�ed she rush of to the Orono gang
hideout to document the outrageous items that must be illegal for anyone to obtain,IeYs see,...
wait for it a 10 year old b�cycle,unprofessionally leaning up against a wall,a scary spare tire,and
some not so new redwood boards
Exated with her find,she painstaking scoured through endless volumes of Gty code books Wait,
she paused what am I doing,is this what I want to do with the rest of my life,how is this berienng
my fellow man,are my intention noble,are my action for a greater good or am I�ust a mindless
drone programed by an authontanan educational system that does not want me to think for myself
What the heck�ust happened,destroy these objed coBlectors and shall my wrath be inhumane,
unjustified and painfully corrupt to the untrained eyes of most and yet grve my socialist
coconspirators that warm fuzzy feeling around the water cooler at feeding time
Fresh from a night of bloodletting puppies,city inspector planner esquire wonder girl had a new
bounce in her slightly squishy from puppy blood,black pumps...Time to bring my ircefutable
nonsensical photos and cumbersome code wolffiion to the higher ups,surely they will understand
my willingness to wolate any ethical human traits and praise me for understanding the ways they
themselves came up the ranks of corruption. Darn I'm good Maybe they�nnll let me get that hello
I�tty phone in my slave cubical
1 ;, Like Reply
� mamazog Jul 24,14
@1eff7181west TL,DR maybe you should consider a blog. �o os AM
3 , Like Reply
fishing55369 �ui 22,ia
We can't sell our house because our neighbor's backyard looks like a total'�unkyard' Eve�o PM
• showing we've had with potential buyers,the feedback is always the same:"Do not want to have
to look at the neighbor's yard" I haven't even complained to the City because 1 hate to make an
enemy of a neighbor as long as we own a property next to them. I guess,I have to rent it now.
So,what does the City do when someone refuses to clean-up their yard??7 I guess they could
have fined him rather than jail time.
4,�,�,� q,Like Reply
�� S8TI2M Jul 22.14
Looks like he has had 4 years to dean this up.Maybe he woll get the message I also think�t�s�PM
neighbors should be able to sue for the decline in thev property values
8 �, $, ;,,�,Like Rapty
� sailing64 dui 2z,ia
Wish the city of Chanhassen would do the same for our neighbor who ignores the requests��PM
ne�ghbors and the city,yet has enough for a$100,000 car parked on the street outside amidst
rubbish in the yard if you want to Iwe amidst�unk and unfinished pro�ects,more power to you but
move out to the country where no one else has to deal with the eye sore.
6_ ,. � Uke Reply
mnanimator Jul 22,14
This guy's pile is NOTHING compared to the pile of junk that accumulated by where we liv����
• to in Minnetonka On top of that,the owner burned used motor oil in his garage stove regularly
Minnetonka aty offiGals didn't care much because they didn't have to live by it.
4�, y,� $,L�ke Reply
miomio613 Jul 22,1a
3 23 PM
It wasn't just"ladders and firewood".
It was,"lumber,scrap metals,ladders,tires,rims,metal shelwng,garbage bags,5-gallon buckets,
tarps,furniture,utility trailers,miscellaneous construction debris,�unk and a Ford L800 Diesel
vehicle with expired registration"and"a wooden gate,an appliance,a battery,and a carpet
remnanY'
ThaYs a huge difference.
http://www.startribune.com/local/blogs/267982061.htm1 2/19/2015
Orono man jailed five days for junky yard � Full Disclosure � StarTribune.com Page 4 of 7
14 "9 - y�Like Reply
jeff7181west Jul 22,ia
8 47 PM
pro Those items were gone years ago,as the article stated.
We stdl don't know what possible would be a wolation since the area behind the garage
which is not wsible to anyone was three ladders and the stack of useable redwood for
art projects Once again not visible to anyone but squirrels in trees and tresspassing city
mspectors with nothing else to do
2� �,�ike Reply
tomtag �ui zz.ta
Between this fiasco and the Gty threatening Jay Nygard with jad time for his windmill,Orort����
='=� its attomeys are showing their true colors This mess is nothing compared to some of the junk
houses we're forced to look at in neighbonng Mound.Half the population
7,� ., �„ q Uke Reply
MinnesotaGold �ui 22,ia
boy,mighty glad I's living m the Trader Park, Here Geanliness is an exception 2 58 PM
6,. ?, 't Like Reply
ShOTOIIn Jul 22,14
Here's an idea,how about�ust getting nd of the�unk�I wouldn't want to look at ft� Z 46 PM
,�,
20; �;,Like Reply
jeff7187west �ui zz,ia
Petdion to have Soren Mattick fired pending Time to clean house 2 30 PM
4 .. „ ,w Like Reply
� jeff7187west Jui zz,ia
� 2 28 PM
..«�,; The pde of wood in the picture was gone weeks ago.besides,ds not visible from any of
"""" """ the property lines.
only squirrels and trespassing city officials can see how ugly the old redwood boards where
RIP-redwood boards we will miss you.
4,,� ,g,,�. � Like Reply
rayk1800 Jul 22,ta
ThaYs the issue with junk in the yards If you don'1 like the ordinance,then move out in th��r�y
� where junk in the yards is accepted City's ordinances are a compromise for all and the guy had
plenty of time to Geanup the junk I'm sure this won't be the end it.
22°� ? .; x,Like Reply
jeff7787west Jul 22,t4
Not�unk,and not wsible to anyonei 5 5s PM
If a tree falls in the woods and nobody heard it,did it make a noise�
1 �,Uke Reply
mje990 Jul 22,1a
` I wouldn't want to live next to that Three years seems long enough to wait for Geanup. Z�5 PM
20�'r„�, ��Uke Reply
jeff7181w68t Jul 22,14
¢ 1 54 PM
5 days in�ad for ladders and firewood
As of this Saturday mornmg James Barth will be in�ad five days for ladders and firewood behind
his garage that no one can see from the property lines as the ordinance he apparently wolated
clearly states is ok.As crazy as this sounds its true,this is not an exaggeration.The city of Orono,
MN In all their power and glory of the law decided that the proper course of action was to punish a
homeowner cnminally.So,how did we get here
http://www.startribune.com/local/blogs/267982061.htm1 2/19/2015
Orono man jailed five days for junky yard � Full Disclosure � StarTribune.com Page 5 of 7
A story rarely heard from a small town,to this date I've only heard of one other case where a
homeowner was�ailed for 2 days for unfirnshed piece of siding That case was in Burns�lle and
resulted in an Minnesota senate committee investigation and lawsuit against the city James Barth
should of never been prosecuted in the first place,we can argue what Gty ordinance he
supposedly wolated and how ladders and firewood and a bike leaning up agamst his garage was a
wolation to his secret probation and why he plead guilty to his first court date,assuming they
would just stop trespassing and harassing perhaps.The simple fad remains,at no time did
anyone at the coty stop from their ove2ealous,systematic and unjust asinine trespassing safari
and inform him of his right to file an appeal with the Gty zoning board that oversees ordinance
enforcement,if this would of been done James Barth homeowner could of spent thousands of his
hard workeng dollars to hire his own slew of lawyers to courner the Gty's lawyers,thus is the
American�ustice system for people with money which he has not So IeYs by all means destroy
your homeowner finanaally and emotionally.
To the aty employees,yes I must remind them that they work for us and the hired slew of lawyers
that the aty uses to speak for them are also our employees When was James Barth's nghts as a
property owner every considered,I'm sure your lawyers as they whisper in your ears will guide you
in the correct answer before they cash their next Orono paycheck When did the cdy of Orono
mayor and councd deade it was OK for Lawyers to speak for them,I must of missed that day in
civic Gass
The aty lawyers and code enforcement employees involved in this uvill most assuredly and
inevitable state that they were"just doing their�obs","just following the law"and then proceed to
mcoherently ledure you on their interpretation of some law or code,missing the pant thaYs as
clear as the nose on their faces or use diversion to place the blame onto the homeowner by
contrdling the authontarian propaganda in nice lirile sound bites or quotes in the news.Another
tactic or term often used referred to as"plausible deniability'in which the cham of command
denies knowledge of and/or responsibdity for any damageable actions committed by the lower
ranks because of a lack of evidence that can confirm their participation even if personally involved
or at least wdlfully ignorant.
The individual's responsible for James Barth sitting in jail are sleeping well tonight with lirile or no
thought of their action or in actions that were directly responsible for sending someone to jail over
ladders and firewood.I'm sure ff you ask 100 people if jail time was warranted in this case,you
would get the response"are you kidding me"95 perceni of the time The other 5 percent are most
likely Socaopaths,lawyers or both So,once again how did we get here?
When did the Gty of Orono deade that Tyranny was ok,that cruel and unusually punishment was
ok,or is it a new Orwellian city creed they are now rolling into place.A creed that demands
obedience of its subjects or suffer it cnminal consequences espeGally is you don't have the
means to defend yourself
Months from now after the media buzz and court hearings die down and the city and lawyers can
step back to reflect on what has just happened in this microcosm of society.If they have a
conscious,what wdl their first questions be to themselves.What could I've done differently,did my
ego and the sense of power overnde my moral compass,was I overzealous in my prosecution
and too eager to inflict damage on others,was my sense of self-worth solely based on my pos�tion
in life,has my eagerness to please my peers lead me down the wrong path,I'm I morally
misgwded in this and other actions in life.
Well thaYs what any person would ask of themselves if responsible for sending someone to�ad
over ladders and firewood.So the next time you look mto the mirror and your thoughts wonder,I
hope you remember what your everyday actions and inaction resulted in.
And years from now when your elected positions are a distaM memory or your employment with
the uty has been abruptly terminated and pursue your careers as lawyers,Gnef counselor,gift
shop suppliers,silver spoon trust fund babies or whatever you do in your pnvate life's Let your
thought and adions from that day forvvard be for the betterment of society and not part of the
problem.
James Barth will be out of�ad in 5 days assuredly more Bitter and angry,along with his famdy and
close friends and new ones that are made aware of his case every day When the day comes
when the name James Barth is a side note in your past Rest assured,We wAI not forget your roles
great or small or what you tned to accomplish here,using your elected and hired power to destroy
another human bemg for ladders and firewood Rest assured we will not forget your names,they
are craved iMo our memones.
7� „' „ ,Like Repry
canuck99 Jul 22,ia
I would guess the main reason he is in jail is because he missed a court date Y?o��
`� --�" argue he shouldn't have been in front of a judge in the first place and I might agree wdh
you But don't mess with a judge They wdl put you in jail
21 ' - ,. yLike Reply
indastix �ui 22,�a
Did you read the part where the�udge said,that this is not�ust about ladders ar�i33 PM
firewood?Well obviously not because you brought it up enough in your rant Would you
want this garbage collector to be your neighbor when you're trying to make a profit on
the house that you're about to sell to get away from guy's like him�You see everyone
http://www.startribune.com/local/blogs/267982061.htm1 2/19/2015
Orono man jailed five days for junky yard � Full Disclosure � StarTribune.com Page 6 of 7
has some kind of expectation and I don't have any problem with a neighbor expecting
that I don't turn my neighberhood into one giant junk yard Boohoo.. the guy doesn't
have money for enough lawyers but apparently he's got enough money to buy more
junk to add to the pile already there Nope don't feel sorry for him at all.
13 F, : y�Like Reply
suefranpat Jul 22,14
@indastix My impression is that��eff7181west is James Barth's bro�PM
• Jeff,one of the tnplets Simply based on his passion. Might not be the case
6.� 1;� :Like Reply
jeft7181west Jul 22,ia
" @indastix what�unk,wood� 3 30 Pnn
��.`=a�
Like Reply
jeft7181west Jul 22,1a
�: 836PM
��'�==-
The�udge did not state thaYd the city lawyer did,the last I checked junk is
free and lawyer cost money.Once again none of the wood was wsible to
anyone and the iruck and other old wolations where gone years ago
I suggest you read the artical again,or not
I got your point,your ok with jailmg people.
Like Reply
chucker87 Jui 22,i4
��eff7181west I don't feel sorry for him. 2 59 PM
12 � ' �� Like Reply
strib220714 Jul 22,ta
3 35 PM
@�eff7181west It isn't�ust Orono South Saint Paul will throw you in�ad for not painting
your stucco house the color they want(never mind that you shouldn't even pamt stucco
in most cases). And not�ust 5 days,either.
I have no problem with uty ordinances requinng certain standards of order and
maintenance for yards,homes,buildmgs,etc But those are avil ordinances,not
cnmmal code for cnmes with�dims Never should any American be ihrown in�ail for
such a thing IYs tyranny and IMHO unconstitutional Fines or fees for Geanup,and
when unpaid,property tax lewes,would appear to be the nght way to handle such
things.
3° �.�;,Like Reply
��?t; XxXWlllis Jul 22,14
@jeff7181west You guys are the folks wasting taxpayer dollars by stubbornly re�u��i�
to comply wdh basic ordinances,common decency,and respect for your neighbors.
Anyone familiar with the property knows it could have been handled quickly and easily
years ago But you had to try and"make a poinY' .a battle you were destined to lose
because you were in dear wolation.
12,� �„�.,I Like Reply
j@ff7181weSt Jul 22,14
7 18 PM
Not in wolation if no one can see it,sorry you are still paying Tax's,
Sorry about you losing your�ob at the city
Like Reply
CeVell Jul 22,14
If u chop u junk into small chunks,u can get nd of almost anything Garbage hauler will tak�53 PM
anything within reason.Guy sounds kinda stubborn.
18�, ;; y 6,Like Reply
jeff7781west Jul 22,14
2 18 PM
@cavell small chunks gets you only 21/2 days in jail,I guess that would of been faif�
http://www.startribune.com/locaUblogs/267982061.htm1 2/19/2015
Orono man jailed five days for junky yard � Full Disclosure � StarTribune.com Page 7 of 7
firewood should be banned
2� ? Uke Reply
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�
� • • • • � - • .
emo
Ta City Administrator Jessica Loftu
Frorre Police Chief Correy Famiok
Da� February 19,2015
R� Prosecuting Attomey
The City of Orono has con�ac,�tad with Ken Potts for criminal prosecution for more than 10 years.
Contracts are typically for three years. The current contract for criminal prosecution services is for
$36,000. Prior years have been;
2014-$36,000
2013-$36,000
' 2012-$31,500
2011 -$31,500
2010—$31,500
In 2014 there were 276 arrests made by the Orono Police Department. 188 of these cases were
submitted to Ken Potts for prosecution. The remainder were forwarded to Gregg Keller (attomey for
City of Spring Park), Hennepin County Attomey's Office (Felony cases), or other attomeys as
determined by jurisdiction.This number does not represent the hundreds of citations that he potentially
deals with resulting from speeding, no seatbelt, or other traffic and equipment related citations that he
processes and deals with in court on a weekly basis. Ken Potts represents our cities at Ridgedale
court every Wednesday and when needed as directed by the court to deal with an arrest or a citation.
In 2013 the City of Mound also selected Ken Potts as their criminal prosecutor. This contract is in year
three of a three year contrac�t. Ken Potts has also been contracted with the City of Minnetonka Beach
for more than 10 years for their criminal prosecution and is also in the final year of a three year contract.
There are many benefits to having a single attomey handle multiple cities that we provide police
services to. There is consistency befinreen cities with expectations and the days the officers will be in
court. In the past each contracted city had a different prosecuting attomey for each city and this proved
difficult at times. The police commission discussed and efForts were made by the cities to work
together and make attempts to have a similar prosecuting attomey for criminal matters. The criminal
prosecuting attomey has minimal contact with City Administrators and/or Councils and work in entirely
with the Police Department. To address this gap in the future I would suggest language in the contract
to have the attomey attend 2 meetings annually to give an update and to address any of the Councils'
concems or questions they may have.
1
Feb 19 1510:46a Kenneth N. Potts,PA 952-474-0987 p.2
KENNETH N. POTTS, P.A.
Attorney at Law� 5101 Thimsen Avenue
Suite 200
MINNETONKA, MINNESOTA 55345
TELEPF[ONE(952)4�q.q2qU
TELECOPIER(952)4i4-0987
LETTER OF AGREEMENT
To the Orono City Council.
As a duly licensed attorney to practice law in the State of ATinnesota, I agree to perform ail the
duties out lined in the atfached Joint Prosecuting Attorney Position Description for the City of
Orono upon appointment by the City Council.
Fwther I agree to the foilowing:
Term of Emnlovment. The City employs Prosecutor as an attorney for a term beginning January
1, 2013 and enaing on December 31,2015 unless terminated under the termination paragra h.
P
Termination. This Agreement shall tenninate as f�llows:
a) By mutual agreement of the parties.
b) Upon the death of the prosecutor.
�) The City may terminate the agreement upon 30 days written notice after
which the CitS� shall have no further liability to the prosecutor.
d) In addition, the City shall have the right to terminate this Agreement
immediately upon the occurrence of any one of the foilowing events:
1) The revocation or suspension of Prosecutor's license to
practice law in the State of Minnesota.
2) The conviction of Prosecutor of any crime punishable as a felony
involving moral turpitude or immoral conduct.
Comnensation. The City shal!pay to Prosecutor as compensation for his services $36,000.00 for
the years of 2013, 2014 and 2015. Said fees paid by the City encompass the entire amount owed
except for expenses such as subpoena fees, filing fees and transcript fees. The City shall pa �
prosecutor one twelfth of said annual amount each month upon receipt of invoice, y
Feb 19 1510 46a Kenneth N. Potts, PA 952-474-0987 p.3
Orono City Council
Page 2
Entir— e A�eement• Modifications• Waitier. This Agreement constitutes the entire agreement
between the part�es pertaining to the subject matter contained in it and supercedes all prior and
contemporaneous agreements, representations and under-standings of ail parties. No
supplement, modifications or amendment of this Agreemenl shall be deemed, or shall constitute,
waiver of any other provision, whether or not similar, nor shall any waiver constitute a
continuing waiver. No waiver shall be binding unless executed in writing by the party malcing
the waiyer.
Sincerely,
Kenneth N. Potts, P.A.
Date
�J
MEMORANDUM
TO: ORONO CITY COUNCIL
FROM: JESSICA LOFTUS, CITY ADMINISTRATOR
SUBJECT: WELLHEAD PROTECTION ORDINANCE
DATE: FEBRUARY 23, 2015
Councilmember Walsh requested legal review of the wellhead protection ordinance
that was approved on 2/9/15. City Attorney Soren Mattick will be present at the
meeting to share his legal opinion and answer any questions.
Attached are maps of the water service areas in Orono with potential well locations
and also a list of cities with similar ordinances.
Item#07-CC Agenda-02/09/2015
IS-3714[Total Pages 3J
REQUEST FOR COUNCIL ACTION
DATE: February 9, 201 S
ITEM NO:
Department Approval: � Administrator Reviewed: Agenda Section:
Name Ada�n 7'. Edwards �
Title Pubiic Works Director Public Works Director/
City Engineer's Report
Item Description: Wellhead Protection Ordmance
F.xhibits
A- Praposed WeUhead Protection Ordinance
B- Summary of'Proposed Wellhead Protection Ordinance
1. Aurpc►se. 'fhe purpc�se of this aetion item is to create Section 14-142 to pr�vide for welihead
protection by prohibiting new private wells where p�blic water supply is available.
2. Background. ln Uctober of 2013 the City adopted our Wellhead Protection Plan (WHPP). 'The
WHPP is a requirement of the Minnesota Department of Health under Minnesota State Statutes ]031 sub5
parts 4720.5100-4720.5590. Wellhead Protection is a method of preventing contamination of a public
water supply well by effectively managing potential contaminant sources in the area which contributes
water to a public water supply weil. Measure B3-2 of the WHPP plan reads:
The Citv('ounci/wil!pass uncl ordinunce requi�ing hvakup to City water where m�ailable. Thrs
will reduce!he Jrkely hood thut pumprnK o��olher wells wiJ!impere�contaminarrl inoveme�:!to the
Citv we!l.s.
3. Pruposed Ordinance.
14-142 Wellhead Protection-New Private Wells Prohibited.
(A) The owners af all buildings where a public water supply is available,or becomes available,shall connect
the buildings to the public water supply,subject to the following conditions:
1. A private property with a functioning well will not be required to be connected to the city water unti]the
well becomes nonfunctioning or the building undergoes major remodeling resulting in an increase in water
use that exceeds the capacity of the well.
2. Where it is not feasible to connect to a public water supply,or if�rivate on-site water supplementation is
required as determined by the City of Orono,a well may be drilled in accordance with the specifications and
provisions of the Minnesota Department of Health, Water Well Construction Code.
(B) At the time connection to the public water supply is completed,all existing private wells no longer in use
shall be sealed by a licensed well contractor according to the Rules of ihe Minnesota Deparnnent of Health.
4. Justification. Prohibits new private wells from being installed where a public water supply service is
available.This reduces the likely hood that private wells will introduce or draw contaminants into the
City drinking water supply management area.
5. Recommendation. f recommend adoption of the proposed ordinance as part of our overall well head
protection plan.
COUNCIL ACTION REQUESTED:
Adopt the new Wellhead Protection Ordinance.
Item#07-CC Agenda-02/09/101 S
I S-3714[Total Pages 3J
ORDINANCE NO._, THIRD SERIES
CITY OF ORONO
HENNEPiN COUNTY, MINNFSOTA
AN ORDINANCE FOR PROTFCTING THE CITY'S WELLHEADS BY PROHIRITiNG
lVEW PRiVATE WELLS WHERE PUBLIC WATER SUPPLY IS AVAILABLF
THE CITY COUNCIL UF ORONO ORDAINS:
SECTION 1. Orono Municipa! Code Section 14-142 regarding Wellhead Protection -
New Private Wells Prohibited is hereby adopted to read as follows:
Sec. 14-142.- WeUhead Protection - New Private Wells Prohibited.
(a) The owners of all buildin s where a nublic water supply is available or becomes
available shall connect the buiidin s to the ublic water su I sub'ect to the followin
conditions:
(1) A private nronertv with a functionin�well will noi be r�uired to be connected to the
city water unt�l the well becomes nonfunctioning or the buildinsz under oes major remodeline
resultin� �n an mcrease �n water use that exceeds the canacit of'the wc11
(2) Where it is not feasible to connect to a ublic water su 1 or if rivate on-site
water su lementation is re uired as determined b the Cit of Orono a well ma be drilled in
accordance with the s ecifications and rovisions of the Minnesota De artment of Health Water
Well Construction Code
Lb� At the time connection to the public water sunply is completed all existin�pnvate wells
no lon�;er in use shall be sealed by a licensed weli contractor accordinR to the Rules of the Minnesota
Denartment of Health
SECTION 2. EFFECTiVE DATE: This ordinance shall take et�ect immediately upon its
passage and publication.
ADOPTED this 9th day of February,2015 on a vote of_ayes and_nays by the City
Council of Orono, Minnesota.
A"I'TES'I': Lili Tod McMillan, Mayor
Diane Tiegs, City Cierk
(�rdinunce pirblr.rhed in 7he Luker ar►d The Pioneer newspaper.c the week�f�_ __ , Z�IS.
�
/tem#07-CC Agenda-02/09/20/5
I 5-3714[Total Pages 3J
SUMMARY OF'ORDINANCE NO. , THIRD SERIES
ORDINANCE NO , THIRD SERIES
AN ORDINANCE AMENllING CHAPTER 14 OF
THE ORONO MUNICIPAL CODE
BY ADDING SECTION 14-142
REGARDING AMENDING THE MUNICIPAL CODE BY ADDING
AN ORDINANCF; FOR PROTECTING THE C[TY'S WELLHEADS BY PROHIBITING
NEW PRIVATE WELLS WHERE PUBLIC WATER SUPPLY IS AVAILABLE
THE C[TY COUNCIL OF OItONO ORDAINS:
SECTION 1. Orono Municipal Code Section 14-142 regarding Wellhead Protection -
New Private Wells Prohibited is hereby adopted to read that the owners of all buildings where a
public water supply is available, or becomes available, shall connect the buildings t�the public
water supply, subject io the certain conditions and all existing private wells no longer in use shall be
sealed by a licensed well contractor according to the Rules of the Minnesota Dep�rtment of Health.
SECTION 2, establishes that a summary of' this Ordinance shall be published in THE
PIONEER and T'HE LAKER newspapers and that the Ordinance in its entirety shall be eftective
upon approval and publication of the Summary Ordinance.
"I'his Summary Ordinance is an abbreviated summazy of Ordinance No. , Third Series. A prinied
copy of Ordinance No. ,Third Series in its entirety is available for inspection by any person at the
office of the City Clerk during regular office hours.l'his ordinance becomes ef�ective immediately upon
publication.
ADUPTED this 9th day of February,20i 5 on a vote of_ayes and_nays by the City
Council of Orono, Minnesota.
ATTEST: Lili Tod McMillan,Mayor
Diane Tiegs, City Clerk
t>rdinance published in The Luker and The Pioneer new.spapers the week of , 2015.
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WELLHEAD PROTECTION
� PLAN PART 2
Potential Contaminant
� Sources Well 3
Figure No.8
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eo �� w�� • 1310591 aosiosai ore�a mmnt ry..- rom eea5.nrmaa
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Sampling of Surrounding Community Well and Municipal Water Connection Ordinances
At the City's request the Project Engineer for our Well head protection plan conducted a survey of
neighboring Cities' ordinances. (http://mn.�ov/lawlib/ordinance.html)—Some required connection and
prohibited private wells, some required connection but allowed private wells, some just prohibited
cross-connection, and some didn't mention private wells at all.The results are below.
Requires Connection
Chanhassen—City Code Section 19-10 Use required;welts prohibited
(https://www.municode.com/library/mn/chanhassen/codes/code of ordinances?nodeld=CICO CH19W
ASESEDI ARTIIMUWASUDISY)
Medina—City Code Section 710.02 Private Water Supply Wells where City Water Supply System is
Available Subd. 2 Private Water Supply Wells Prohibited where City water Supply System is Available
(http://medinamn.us/wq-content/uploads/2010/08/710.pdf)
Minnetonka—City Code 1200.015 Connections Required
(http://www.amle�al.comJnxt/�ateway.dll/Minnesota/minneton/citvofminnetonkaminnesotacodeofor
dinance?f=templates$fn=default.htm$3.0$vid=amle�al:minnetonka mn$anc=)
Watertown—City Code Sec 58-260.1 Mandatory connection to municipal water system
(https://www.municode.com/library/mn/watertown/codes/code of ordinances?nodeld=MUCO CH58
UT ARTIIIWA)
Delano—City Code Section 613.01 Subd. 1 Water Connection requires connection, and Section 618.01
Private Water Supplies; Connection Prohibited prohibits cross-connection
(http://www.delano.mn.us/City Codes and Ordinances/General Code/Chapter6/Section613.Ol.pdf)
Waconia—City Code 410.02 Subd. 1 Connections requires connection, but Subd. 2 does not prevent
drilling of private wells(http://www.waconia.or�/DocumentCenter/Home/View/145)
Hopkins—City Code Section 710.25 Private Water Supplies Subd. 1 prohibits cross-connection and Subd.
2 requires connection (http://www.hopkinsmn.com/WebLink8/DocView.aspx?id=67515&dbid=0)
Doesn't Require Connection or poesn't Mention Private Wells
Plymouth—they don't seem to require a connection, but they do prohibit cross-connection: City Code
720.33 Private Water Supplies
(http://plymouthmn.gov/Modules/ShowDocument.aspx?documentid=751)
New Hope—they don't seem to require a connection—City Code Chapter 5, Section 4 Water regulations
(https:J/www.municode.com/librarv/mnJnew hope/codes/code of ordinances?nodeld=CD ORD CH5
WASEDR S5-4WARE)
St Louis Park—they don't seem to require a connection, but they do prohibit cross-connection:Section
32-205 Private water supplies(http://www.stlouispark.or�/webfiles/file/city-
code/Ch32Utilities Updatedl2-14.pdf)
Shorewood—allows construction and use of wel�s even if connected to city water—City Code 903.03
Private Wells
(http:;/www.amlegal.com/nxt/gatewav.dll/Minnesota/shorewood mn/cityofshorewoodminnesotacode
ofordinances?f=templates$fn=default.htm$3.0$vid=amle�al:shorewood mn)
Victoria- Chapter 26,Article 2 doesn't mention private wells at all
(https://www.municode.com/library/mn/victoria/codes/code of ordinances?nodeld=COOR CH26UT A
RTI I WA)
Minnetrista—City Code 700.03 Private Water Supplies prohibits cross-connection but doesn't require
connection to city water(http://www.ci.minnetrista.mn.us/vertical/sites/%7B4D81CC6D-EB97-4B3E-
BCE8-OC281A21CCCC%7D/uploads/Chapter 7 - Public Utilities 08.18.2014 .pdf)
Wayzata—City Code Section 805.43 Water Supply says private wells may be constructed if permitted by
City Council (http://www.wayzata.or�/DocumentCenter/View/69)
Maple Grove—Section 34-61 Cross Connections prohibits cross-connections
(https://www.municode.com/library/mn/maple �rove/codes/code of ordinances?nodeld=C00R CH3
4UT ARTIIWASY)
�
MEMORANDUM
TO: ORONO CITY COUNCIL
FROM: JESSICA LOFTUS, CIT'Y ADMINISTRATOR
SUBJECT: PUBLIC INPUT AT CITY COUNCIL MEETINGS
DATE: FEBRUARY 23, 2015
Councilmember Wa1sh requested another opportunity to discuss public input at City
Council meetings.
Attached is language Mr. Wa1sh distributed at the 2/9/15 meeting and also a copy of
our current agenda with the updated language discussed at the January 26 work
session.
The public is invited to address the council regarding
any item on the regular agenda at the time the agenda
item is up for discussion and before any motion or vote
is taken . If your topic is not on the agenda , you may
speak during the Public Comments section . 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.
-i-
Agenda for Council Meeting Set for Monday, February 9,2015, 7:00 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 council regarding any item on the regulaz 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 inember 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. Council Work Session of January 26, 2015 *
3. Regular Council Meeting of January 26, 2015 *
Planning Commission Comments—Bruce Lemke, Representative
Public Comments—(Limit 5 Minutes Per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage
in discussion or take action on items presented at this time. However,the council may refer issues to
staff for follow up or consideration at a future meeting. Speakers should state their name and home
address at the podium before speaking.
Planning Department Report
4. 14-3664 David Schmid&Angela Ciliberto, 3309 Crystal Bay Road—Amend Variance & CUP
Approvals for Revised Retaining Wall
5. 14-3704 Hennepin County Property Services - 3880 Shoreline Drive - CUP & Commercial site plan
review
6. 14-3707 Amend Zoning Ordinance Text: Add Language to 78-1405 Non-Encroachments Section
Regarding Retaining Walls—Second Review
7. 15-3714 Create Section 14-142 Wellhead Protection Ordinance
8. 15-3715 Amendment to Municipal Code Section 14-134: Service Pipes
9. Storm Water&Drainage Trunk Fee Review
�
MEMORANDUM
TO: MAYOR MCMILLAN AND COUNCIL MEMBERS
FROM: DIANE TIEGS, CITY CLERK �x
SUBJECT: LASERFICHE IMAGING
DATE: FEBRUARY 23,2015
'I'he Laserfiche Digital Imaging and Document Management System was approved for purchase in
November of 2011 with the goal of providing electronic storage of documents that can be easily
searched and retrieved. Currendy the project is in Phase 1 which was the purchase of the Laserfiche
software, scanner,annual support,implementation and training. Phase 2 of the project is to
implement the Weblink software to allow public access to public documents through the City's
website.
Due to Staff changes Phase 1 of the project halted in early 2012. The vendox Crabtree Companies
was contacted to re-establish the document management system purchased. Since that initial
meeting Crabtree Companies has installed all upgrades to the system. The Laserfiche software is
now accessible and an inventory of what was scanned to the system has been taken. Council
agendas,minutes and resolutions are partially scanned. This was a substantial investment and it
would be prudent to get this up and n,nn;ng.
This is a time intensive project and to move forward efficiendy outside assistance with the scanning
is requested. The goal over the next months is to bring these repositories up to date and then scan
property files and finance records. Bonnie Kaster and Sandie Larson are dedicated residents that
have assisted with elections and some clerical work for the City of Orono. There is $8,000 available
in the Administration budget that would provide 800 hours of wages at$10.00 pex houx. This
would be extremely valuable to the project and benefit not only our Staff but residents as well by
providing:
• Improved Access to public records and improved public service with instant Web availability
• Efficiendy publish documents to the Web
• Provide security for digital archives
• Reduce costs and relieve the paper burden with efficient electronic distribution
�
MEMORANDUM
TO: CITY COUNCIL
FROM: ADAM T. EDWARDS, PE
SUBJECT: STREET FUNDING DISCUSSION
DATE: FEBRUARY 23,2014
References:
A. City of Orono Pavement Management Plan, adopted October 27, 2014.
B. MN State Statue 429—Special Assessments.
List of E�ibits:
A. Surrounding Community Survey Summary(Prepared by Jesse Sturve, PE; 2014).
B. Street Condition Summary, 2014 Pavement Management Plan.
C. Street Classification Map,2014 Pavement Management Plan.
D. Street Section and Fund Balance Section of 2015 CIP(Adopted on December 8`h, 2014).
1. Issue. Currently the City's street rebuilding and maintenance requirements exceed funding. As an
example in 2015 only 27%of the crack and seal coating is budgeted and none of the mill and overlay and
rebuilding is budgeted in 2015. While the current balance in the Municipal State Aid(MSA) fund is
sufficient for this year's planned work(Watertown Road), funding 100%of the work with MSA funds
will reduce available MSA funding for future projects.
Re uirements versus Fundin 2015
Activity Annual 201 S 241 S Budget Annual Fund %of Capital
Requirement Requirernent Allotrnents Improvement
Per per the (MSA, Plan
Pavement Capital PMF) Funded in the
Management Improvement 2015 Budget
Plan Plan
Crack and Seal Coat $253,396 $254,000 $69,000 $0 ?7%
Mill &Overla $324,625 $0 $0 $0 0°���
Rebuild $729,955 $604,321 $0 $0
MSA $824,200 $0 $201,751 �-�"���
TOTAL $1,307,976 $1,682,521 $69,000 $201,751 16`%�
I. Casco Point Road Crack and Sealcoat
2. Stubbs Bay Road,Balder Park Road
3 Watertown Road
4. Only a portion of the MSA funds are available as a portion is designated for debt payments.
2. Background. For some time the City of Orono has struggled as to how to come up with annual funds
to maintain its road/street infrastructure. Currently the City of Orono has approximately$69K allocated
for annual street maintenance and $0 for annual street reconstruction projects. The 2015 Budget does
include $65,800 for pavement maintenance which is sufficient for potholing, signs and winter
maintenance. The Pavement Management Fund(PMF)has $0 and there is $1.27M available through the
MSA Funds.The amounts budgeted and available are considerably less that the averages of$540,000 for
maintenance and $947,000 for reconstruction budgeted for in our surrounding communities(see Exhibit
A) . More importantly the recourses available are significantly below the amount required to properly
maintain the city's streets. In the past,the City has funded street reconstruction projects through the sale
of bonds and has applied leftover general fund amounts towards street maintenance projects. This has
resulted in the disproportionally large number of streets in disrepair requiring significant work(See
Exhibit B)and the inability for the Staff to plan for and execute a maintenance plan to protect and extend
the life of these valuable assets.
a. Pavement Planning. The City developed a Pavement Management Report(PMR in 2006
(updated in 2011)that provided a summary of the condition and rehabilitation recommendation for all of
Orono's roadways. The PMR did not provide any recommendation for prioritizing any of the roads and
did not lay out any sort of funding plan to cover the costs. In October 2014 the City adopted a Pavement
Management Plan (PMP)which does provide prioritization of road maintenance as well as a description
of funding sources. The PMP is used to inform the City's Capital Improvement Plan(CIP)which does
provide specific priorities specific roads to receive maintenance or reconstruction out to 5 years and
identifies a funding requirement in general categories out to 20 years. The 2015-29(CIP)adopted on
December 8, 20]4, plans for annual expenditures for street seal coating of$254,000 and annual
expenditures for mill & overlay and reconstruction of�$1,400,000 beginning in 2015 (see Exhibit D).
b. Staffing and Action to Date. In the Fall of 2013,the City Council directed Staff to develop
options for funding annual street reconstruction and maintenance. In response,the City Engineer
conducted a study to include querying surrounding communities about how they provide funding for
annual street maintenance and reconstruction. In March of 2014, he presented options to the City
Council. Council requested staff to analyze funding options against several scenarios. The scenarios
were then presented at the May 27,2014 working session. The Council directed Staff to bring back more
information on franchise fees and to present an option for road maintenance in the 2015 General Fund
Budget. In August 2014, council directed staff to add $30K to the roads maintenance budget for 2015.
On October 27,2014 the council adopted the PMP.
5. Funding Options. There are four main methods available to address annual street reconstruction and
maintenance. Many municipalities use a combination of two or more of the strategies. Each method or
combination of inethods has positive and negative aspects associated with them. An analysis prepared by
the previous City Engineer of the methods is provided at Exhibit A. In addition to the four options
below, some funding could be redirected from existing funding sources; however there are not any
existing funding streams that would provide full and predictable street funding.
a. General Fund Allotment(Tax Levy). This method includes utilizing a portion of the annual ta�c
levy for street reconstruction or maintenance. The City would establish an annual amount as part of the
budget/levy process. Any excess revenues for a particular year would be transferred to the PMF and used
for years where the requirement exceeded the annual revenue. While most taxpayers do not want their
taxes to increase, most residents do expect that the City is setting its tax rate and structuring its fees at the
level that is necessary to own,operate, maintain, and improve its infrastructure. This method allows staff
to set up yearly budgets based on a known amount.
b. Bonding. This method requires the City to issue annual bonds to cover the costs of street
reconstruction or maintenance. The overall cost of the project does increase due to the interest paid on
the bond. Because of the costs to issue bonds,this method is beneficial if the City is implementing an
aggressive street reconstruction program where annual budgets would not be sufficient to cover annual
costs or the City wants to undertake an unusually large project and spread the costs over a number of
years. The annual budget does then need to be increased to cover the yearly bond payments. This can
help reduce the annual tax levy variability and provides the City with a known yearly payback amount.
2
c. Assess Benetiting Properties. Special assessments are a method for cities to charge certain
properties for the cost of making local improvements that provide direct benefit the properties associated
with the project. Several issues should be considered when establishing an assessment policy. When
assessments are being levied the City is required to follow MN State Statute 429(429). This process has
mandatory steps the City has to follow and the assessments cannot exceed the benefit to the adjacent
properties. It is not feasible for the City to assess 100%of a street projects cost as there is always a
portion of the project that benefits the wider community. The City must find a balance between assessing
the benefiting properties and paying for the improvements with taxes and fees. Based on the results from
the surrounding communities, it is typical to assess 20-66%of the total construction costs of the project
with the City paying the remaining amount. Assessments range between $3,000 and $20,000 per lot.
When assessments are in this range, most property owners can recognize the fact they are receiving a
benefit from the project. A secondary benefit to establishing an assessment policy is that it provides some
equity between residents who live on private residential roads and City owned residential roads.
Establishing a uniform policy that meets the needs and expectations of the community is essential to a
project's success.
d. Franchise Fees. A franchise fee is a charge imposed by a city on utility providers who operate in
the public right-of-way. Minnesota Stature 216B.36 allows a city to impose these fees. The franchise fee
can be imposed on any utility company but typically involves the gas and electric utilities since there are
more subscribers because of their essential nature. The utility provider typically passes these charges on
to the residents. The franchise fee is an alternate source of revenue that is traditionally used towards a
city's improvement projects. The franchise fee is a continuous source of revenue that can reduce the
financial burden caused by street construction projects and general taxes.
6. Courses of Actions (COA). The following courses of action represent combination of the funding
methods listed in the previous section.
a. Combination of General Fund (Tax Levy) and Special Assessments. The City would use
general funds to fund all street maintenance(Seal coating and Mill &Overlays)and then use a
combination of general funds and Assessments to fund street reconstructions. This COA results in an
increase in the ta�c levy and requires the City to develop an assessment policy for streets. The assessment
policy would establish assessment percentages based on road type. The table below proposes percentages
based on the relative benefit the reconstruction provides to the residents that abut the street and the greater
community. The percentage assessed for residential streets is higher than on collector streets as collector
streets provide greater benefit to the overall community while residential streets primarily benefit the
residents that live on them. Bonding could be used in a variation of the COA to provide reconstruction
funds.
Street Reconstruction Assessment Percenta es er Street T e
Street MSA% General Fund% Assessment%
Collector MSA) 50 40 10
Collector 0 90 10
Low Volume(Residential) 0 30 70
Using the PMP maintenance funding requirements this COA would impact the tax levy as depicted
below. Note the assessments only reduce the Street Reconstruction amounts going to the general fund.
3
Tax Le Im acts with Partial Assessments for Street Reconstruction
Type of Street Annual Levy Tax Rate Tax Tax Tax Tax
Work Cost Increase Increase Impact Impact Impact Impact
($) (%) (Percentage on on on$1M on$2M
Points) $2SOK $546K Home Home
Home Home
Median
Seal Coat $253,396 5.31% .93 $22 $46 $]OS $221
Mill & $324,625 6.8% 1.l 9 $28 $59 $134 $283
Overla
Total $578,021 12.11% 2.12 $49 $105 $239 $504
Maintenance
Reconstruction $403,251 8.45% 1.48 $34 $73 $167 $352
Grand Total $981,272 20.56% 3.61 $84 $178 $406 $856
This amount is based CIP total annual reconstruction requirement less the amounts provided by assessments and MSA funds assummg
rypical years distnbution of reconstructwn per road type(33%low volume,37%collector and 30%MSA collector).
Below are examples of using this COA for 2015's proposed reconstruction projects using a per unit
assessment with the percentages proposed above. (Note these examples use CIP costs which are ptanning costs not
fully developed estimates)
Baldur Pal'k Road. (Note this does not account for the FEMA funds received far this road.)
Total City's Portion of Project Cost To Number of Cost per House
Cons�truction Project be Assessed Residences
Cost (30%) (?0%)
$221,961 $66,588 $155,373 18 $8,632
Stubbs Ba Road south from Watertown Road.
Total City's Portion of Project Cost To Number of Cost per House
Construction Project be Assessed Residences
Cost (90%) (10%)
$382,360 $38,236 $38,236 5 $7,647
Watertown Road between Old C stal Ba and Stubbs Ba Roads .
Total Project Cost to City's Project Cost Number of Cost per
Construction be Paid w/ Portion of To be Residences House
Cost MSA funds Project Assessed
50% 40% 10%
$824,200 $412,100 $329,680 $82,420 26 $3,l 70
(1) Advantages. Provides reliable stream of funding to maintain the City's streets. Provides a
level of cost vs. benefit equity. Limits increases to the general tax levy.
(2) Disadvantages. Raises the tax levy. Introduces assessments which can be contentious.
b. Combination of General Fund,Assessments and Franchise Fees. This COA is the same as
COA A except that franchise fees would be introduced to pay for a street seal coating. The Franchise fee
would result in a$5-10 monthly increase in residential electric and gas bills.
4
Tax Le Im acts w/Assessments for Reconstruction & Franchise Fees for Seal Coatin
Type of Street Annua.l Levy Tax Rate Ta.x T� Ta�c Tax
Work Cost Increase Increase Impact Impact Impact Impact
($) (%) (Percentage on on on$1 M on$2M
Points) $250K $546K Home Home
Home Home
Median
Seal Coat $0 0% 0 0 $0 $0 $0
Mill & $324,625 6.8% 1.19 $28 $59 $134 $283
Overla
Total $324,625 6.8% 1.19 $28 $59 $134 $283
Maintenance
Reconstruction $403,251 8.45% 1.48 $34 $73 $167 $352
Grand Total $727,876 15.25% 2.67 $62 $132 $301 $635
Paid for with the franchise fees.
(1) Advantages. Provides reliable stream of funding to maintain the City's streets. Provides
some level of cost vs. benefit equity. Limits increases to the general tax levy.
(2) Disadvantages. Raises the tax level. Introduces assessments which can be contentious.
Franchise fees add an additional bureaucracy to the City's revenue streams. Uses a utility to indirectly tax
residents.
c. General Fund Only. This COA would see the City funding all street maintenance and
reconstruction.
Tax Le Im acts usin the General Fund Onl for all Street Maintenance&Reconstruction
Type of Annual Levy Tax Rate Taac Taac Tax Tax
Street Cost Increase Increase Impact Impact on Impact Impact
Work ($) (%) (Percentage on $546K on$1M on$2M
Points) $250K Home Home Home
Home Median
Seal Coat $253,396 5.31% .93 $22 $46 $105 $221
Mill & $324,625 6.8% 1.19 $28 $59 $134 $283
Overla
Reconstruct $729,955 15.30% 2.68 $62 $l33 $302 $637
Total 1,307,976 27.41% 4.81 $112 $238 $541 $1141
(1) Advantages. Provides reliable stream of funding to maintain the city's streets.
(2) Disadvantages. Retains cost benefit inequities for taxpayers. Increased General Tax Levy.
7. Summary. Each COA offers advantages and disadvantages. COAs A& B would both introduce
assessments which provide some equity between private and public residential street residents and reduce
the tax levy amount. However assessment can be controversial and is a process that would be required
for each road project. Franchise fees do offer an alternative source of revenue but do also introduce
additional bureaucracy into the City revenue process and can be controversial as they are often viewed as
a hidden form of ta�cation.
5
Summa Tax Le Im acts b COA Com arison
COA Annual Levy Ta�c Rate Tax Tax Tax Tax
Cost Increase Increase Impact Impact on Impact Impact
($) (%) (Percentage on$250K $546K on$1M on$2M
Points) Home Home Home Home
Median
A. $981,272 20.56% 3.61 $84 $178 $406 $856
B. $727,876 15.25% 2.67 $62 $132 $301 $635
C. $1,307,976 27.41% 4.81 $112 $238 $541 $1141
Note: all three COAs result in Orono still having the lowest tax rate in t6e area.
8. Recommendations. I recommend that Orono develop a method/policy for funding both road
reconstruction and maintenance in time to be included in the 2016 budget process. The method must
include a dependable source of resourcing in order to allow for predictability and advanced planning.
Request:
Discussion and direction on how to provide reliable funding for the City's streets.
6
Community Survey Summary 2014
Street Reconstruction Street MaiMenance
� �, � �•� p� � 4 �}_,.�,�.�
�� � B 1 I �f� �� IM� � T s fY�",
� �{ �a� Vww�MY
Depends on what other items are needed to be funded
from the CIP Fund.Some years the budget for street
reconstruction/maintenance is$0 if we have new plow
trucks or bridge work.Other years it can be as high as
Dee haven 3,718 34 N CIP $�-5250,000 N qP $25A,Op0$250,000
$4.000,000
Franchix every other Franchhe
ElkRiver 23,273 148 N f-ees r N FpeS $9�000
varies-
based on
increased
market Ganaral The annual budget for street maintenance includes
Wn Wke 1,803 9 Y value $45,000 N Fund $169000 personnelcosts
varies �1'�- Y-Mitt
SLaoo,000
2o%Rurol p��y,� and 20%Rurol f,enenl
Medina 5,045 5781 Y 50%Urban Bondin Mlf S539A00 Owrlay 50%Urban Bu $22 000
$4.���-
Minnetonka 51,123 250 N TaxLevy $5,000,000 No Tax 1500000
Minnetonka varNs by
Beach 551 N No Bonds m�d
Working m
flnalize a
Pevement
Management Y-Mill Assessment rate has varied based on appreisals and rural
Plan to IdentHy and areas with larger lots and significant wetlands have been
M�nneVista 6,681 6712 Y 50% needs OVerl 5096 $315000 as small as 5%.
2/3 of the Y-Mill 2/3 of
auessable and assessabls Maintenance budget includes salaries and benefits of
Mound 9,238 40 Y costs Bonds $3,500,000 costs 9?$35B workers
au
anAwi
maMteru�rce
Orono 7,720 48 N Bonds N ttRms $59,OQ0
40%M/O
$100D p!t
Y-Mill lot for ed4s Plymouth�ust enacted franchise fees in 2014.They
and mlll end antiapate collecting$2.000,000 which will be used to pay
PI moutA 72,928 300 Y 409f $350,000 ovefla $3,OOOOQO back bonds on two very large pro�ects.
General GMen!
Fund Iund $140,000 to seal coat 1/5 of Gty each year and$200,000
Shorewood 7,468 50 N Tronsfer $700.000 N VeneMe $ 000 in overlay each year.
Mnwl Tex
Tonka Ba 1,510 9 N N
$1,200,000- 6anelaiT�x 580,000-5100,000 for seal coat/creck filling and$150,000
Victoria 7,805 39 4 Y 50% CIP $1,900,000 ht $290.000 into the long term street maintenance fund.
Tax Levy
and Iiquor
W W 3,777 26 Y seles $500,000 N Tax 000
14,474
= _- 77
�;*' S0%
�r._
947,857
_ ��
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r t S42 383
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Capital Improvement Plan, City of Orono
Public Works - Streets CIP
Table A-5
5-Year CIP Plannin Period
Projed 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2p27 ZpZg
2029 2030 2031 2032 2033 2034
Stubbs Bay Road Rehabilitation $382,360
Baldur Park Road Reconstruction $221,961
Chevy Chase Road Mill and Overlay $175,532
Forest Arm Lane Reconstruction(West Branch to Forest Lake) $271,373
East Lon Lake Road Reconstruction(Old Long Lake to S ring Hill 5771,503
Kenwood Way Mill and Overla (Navarre to end) SZZ��gq
Rest Point Lane Mill and Overlay(North Shore to end) $28,524
Dickenson Street Mill and Overla (Orono Orchard to Russell) $57,pqg
Northern Avenue Mill and Overlay(Crystal Place to Boundary) $63,564
Tonka Ave Reconstruction(Ba side to End) $117,423
East Lake Street Reconstruction(Ba side to End) $61,336
Windjamer Reconstruction(North Arm to End) $71,834
Glendale Ave Mill and Overlay(Willow to Lon lake) $33,644
Navarre Lane Mill and Overlay(Boundaryto End) S�Z 8y,�
orest Wke Landin Mill and Overla �Windhurst to End) $19,503
Wildhurst Trail Mill and Overlay(Corner to End) $31,921
Kelly Varkwa Mill and Overtay(Old C stal Bay to Willow) $145,331
Fox Street Reconstruction(Old Crystal Ba to Willaw) $674,559
West Lafayette(Shadywood to end) $143,117
Tamareck Drive Mill and Overla (Sixth to Medina) s$Z�8�
Hunter Drive Mill and Overla (Sixth to Boundary) $74,139
Minnetonka Hi hlands Mill and Overlay(Tonkawa to end)
564,361
Maintenance-Seal Coat $254,000 5254,000 $254,000 $254,000 $25q,pp0 $254,000 $254,000 $254,000 $254,000 $254,000 $254,000 $254,000 $254,OOp S25q,ppp $254,000
Lon Ran e Planning- Mill and overlay 5254'�00 Szs4�000 $254•000 $z54,000 $254,000
$260,000 $267,800 $275,834 $284,109 $292,632 $301,411 $310,454 $319,767 $329,360 $339,241 $349,418 $359,901 $370,698 $381,819 $393,273
Long Ran e Plannin -Reconstruct 5584,000 $601,520 $619,566 $638,153 $657,297 $677,016 $697,327 $718,246 $739,794 $761,988 $7gq,gq7
$808,393 $832,644 $857,624 $883,352
Total-Pavement Mana ement Fund $858,321 $700,9p5 $1,376,192 $1,303,686 $618,404 $1,098,000 $1,123,320 $1,149,400 $1,176,262 $1,203,929 51,232,427 $1,261,780 $1,292,014 $1,323,154 $1,355,229
$1,388,265 $1,422,293 $1,457,342 $1,493,442 $1,530,626
MSA Streets:
Watertown Road Rehabilitate 1(OCB-Stubbs) $82q,200
Watertown Road Rehabilitate 2(East&West Ends) $1,445,528
Fox Street Reconstruction(S.Willow to S.Brown MSA $645,195
Lon Range Planning- Mill and overla $65,000 $68,900 573,034 $77,416 $82,061 $86,985 $92,204 $97,736 $103,600
$109,816 $116,405 $123,389 $130,793 $138,640 $146,959
Lon Range Plannin -Reconstrud $146,000 $154,760 $159,403 5164,185 $169,130 $174,184 $179,409 $184,792 5190,335 $196,045 $201,927
SZo�,9sa $zia,zza Sizo,esi Sz2�,z�o
Total MSA Streets: $824,200 $1,445,528 $0 $0 $645,195 $211,000 $223,660 $232,q37 $241,601 $251,171 5261,168 $271,613 $282,528 S293,935 5305,861
5318.332 $331,374 5345,017 $359,291 5374,229
T�� $1,682,521 $2,146,433 $1,376,192 $1,303,686 $1,263,599 $1,309,OOD $1,346,980 $1,381,836 S3,417,863 $1,455,101 $1,493,596 $1,533,393 $1,574,541 $1,617,089 $1,661,090
$1,706,597 $1,753.667 $1,802,359 51,852,734 $1.904,855
� �
MEMORANDUM
TO: CITY COUNCIL �
FROM: ADAM T. EDWARDS, PE
SUBJECT: BALDUR PARK ROAD RECONSTRUCTION
DATE: FEBRUARY 23, 2014
List of Exhibits
A- Baldur Park Engineer Estimate, Bolton & Menk, Inc. January 20, 2015
B- Baldur Park Map
C- Petition from Baldur Park Residents,July 2014.
D- Emails from Residents, February 2015.
1. Purpose. The purpose of this memorandum is get initial guidance from the City Council on a way
forward for reconstructing Baldur Park Road.
2. Background. Baldur Park Road is 1000 ft long bituminous low volume residential road(Exhibit B).
In 2014 it received pavement condition rating of 46 out of 100. Roads with PCIs in this range require
reconstruction. In 2014 Baldur Park Road experienced sustained flooding further deteriorating its
condition. In 2014 the residents of Baldur Park Road petitioned the City to have their road rebuilt
(Exhibit C). In 2014 the City submitted for and received funding from FEMA to restore the section of
road impacted by the flooding.
3. Cost. The total estimated cost to rebuild Baldur Park Road is $233,917. See Exhibit A.
4. Funding. The project could be funded with a combination of the FEMA funds provided and utilize
remaining 2014 General Fund Balance.
Fundin Source Amount
FEMA $ 59,223
General Fund Balance $ 174,694
TOTAL $223,917
6. Timing. The funds provided by FEMA are required to be used within 18 months of their approval.
The upcoming 2015 construction season is the best opportunity to use the FEMA funds within the
designated window. Pro osed timeline:
When What
En ineer Services Pro osal to Council March 20l 5
Desi n-Bid Phase March—Ma 2015
Contract Award Ma 2015
Construction Com lete October 2015
STAFF IS REQUESTING:
Discussion and Direction on a way forward for reconstructing Baldur Park Road in 2015.
ENGINEER'S ESTIMATE
CITY OF ORONO
BALDUR PARK ROAD IMPROVEMENTS
1/20/2015
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ROAD RECONSTRUCTION
1 MOBILIZATION LS 1 $ 4 050.00 $ 4,050.00
2 REMOVE BITUMINOUS PAVEMENT SY 1425 $ 4.00 $ 5,700.00
3 REMOVE DRAINAGE PIPE LF 90 $ 10.00 $ 900.00
4 SALVAGE AND INSTALI MAIL BOX EA 7 $ 150.00 $ 1,050.00
5 COMMON EXCAVATION EV CY 505 $ 20.00 10,100.00
6 SUBGRADE PREPARATION SY 1425 $ 2 00 $ 2,850.00
7 STABILIZING AGGREGRATE,3"CLEAR TN 100 $ 40 00 $ 4,000.00
8 GEOTEXTILE FABRIC SY 1425 $ 2.50 $ 3,562.50
9 AGGREGATE BASE CLASS 5 CV TN 670 $ 20.00 $ 13,400.00
10 BITUMINOUS NON—WEAR COURSE TN 165 $ 80.00 $ 13,200.00
11 BITUMINOUS WEAR COURSE 1.5 INCH TN 125 $ 100.00 $ 12 500.00
12 12"RCP LF 90 $ 40.00 $ 3,600.00
13 EROSION CONTROL LS 1 $ 1,500.00 $ 1,500.00
14 SOD TYPE LAWN SY 700 $ 5.00 $ 3,500.00
15 TRAFFIC CONTROL LS 1 $ 1,000.00 $ 1,000.00
ESTIMATED CONSTRUCTION COSTS $ 80,912.50
ESTIMATED SOFT COSTS AND CONTINGENCY 35% $ 28,319.38
ESTIMATED PRWECT COSTS $ 109,231.88
ROAD RECONSTRUCTION(FEMA ELIGIBLE)
16 MOBIIIZATION LS 1 $ 2,700.00 $ 2 700.00
17 REMOVE BITUMINOUS PAVEMENT SY 1050 $ 4.00 $ 4,200.00
18 SALVAGE AND INSTALL MAIL BOX EA 9 $ 150.00 $ 1,350.00
19 COMMON EXCAVATION EV CY 335 $ 20.00 $ 6 700.00
20 SUBGRADE PREPAFATION SY 1050 $ 2.00 $ 2 100 00
21 STABILIZING AGGREGRATE,3"CLEAR TN 100 $ 40.00 $ 4,000.00
22 GEOTEXTILE FABRIC SY 1050 $ 2.50 $ 2,625.00
23 AGGREGATE BASE CLASS 5 CV TN 440 $ 20.00 $ 8,800 00
24 BITUMINOUS NON—WEAR COURSE TN 116 $ 80.00 $ 9,280.00
25 BITUMINOUS WEAR COURSE 1.5 INCH TN 87 $ 100.00 $ 8,700.00
26 EROSION CONTROL LS 1 $ 1 500.00 $ 1,500.00
27 SOD TYPE LAWN SY 420 $ 5.00 $ 2,100.00
28 TRAFFIC CONTROL LS 1 $ 1,000.00 $ 1,000.00
ESTIMATED CONSTRUCTION COSTS $ 55,055.00
ESTIMATED SOFT COSTS AND CONTINGENCY 35% $ 19,26925
ESTIMATED PRWECT COSTS $ 74,324.25
CURB AND GUTTER ALTERNATE
29 MOBILIZATION LS 1 $ 1,80000 $ 1,800.00
30 COMMON EXCAVATION EV CY 225 $ 20.00 $ 4,500.00
31 GEOTEXTILE FABRIC SY 670 $ 1 50 $ 1,005.00
32 CURB AND GUTTER TYPE S412 LF 2000 $ 15.00 $ 30,000.00
ESTIMATED CONSTRUCTION COSTS $ 37,305.00
ESTIMATED SOFf COSTS AND CONTINGENCY 35% $ 13,056.75
ESTIMATED PRWECT COSTS $ 50,361.75
TOTAL ESTIMATED PROJECT COSTS $ 233,917.88
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Petition to Rebuild Baldur Park Road
Submitted to the City of 4rono, MN - July, 2�14
Petttion summary and Baldur Pa�lc Road, which is on a peninsula in North Arm Bay(East side), serves 20 homes PLUS the road provides access
background to 11 homes on Birch Lane. The road has been in serious dlstress for over 15 years with large potholes, disintegrating
asphalt, no curbs, excessive settiement, and rec�ntiy, flooding over the roadway due to rainfall.An area near the west end
of the roadway is disi�tegra�ng and close to falling into the lake.About 450'of the road(1404–1436) has been under
water(6"+/-)since the lake has risen in�e past week.
Culverts,which were designed to allow storm-water to flow to the south side, now seNe as 'speed bumps"since the
roadway has settled about 6"below the top of these metal cuiverts.
The roadway, beginning at County Road 51, is 20'wide nan�owing to 92'wide on the west end.(Length about 1100'). Being
on a peninsula, soii condiGons are variable and impacted by the water table and the lake elevation on both sides.
Action petitloned fo� We, the undersigned,are concemed citiizens who urge our municipal leaders to act now to conduct an Engineering
inspection and Soil Testing of the roadway base to detennine the optimum long term solution for this troubled roadway,
We urge the City to authorize roadway Design Services in 2014, to analyze options,and to obtain Contractor Bids in 2014
so that funds can be budgeted for construction in the near future, perhaps, as soon as 2015.It shouid be noted�at Biroh
Lane,which connects to Baldur Pa�C Road was very nicely upgraded, with sloping concrete curbs in 2011.
We also ask that the City limit the axle weight of vehicles on this roadway for the ENTIRE year(now and in the future)to
minimize settlement and continuing damage to the roadway surface. (ie; trash pickup t�ucks&construc�tion vehicles)
PNnte�!Name Slgnature Address Comment D�
Chris/Beth Johnson 1376 Baldur Park Road �"��Y ���J �
�,,� g, �,—
�
Craig/Lisa Pearson ' � � 1384 Baldur , f 2�rt
` ��'�� � Y
Gil/Roxane Gehle � 1392 Baldur
(, �'� /
/�
Michael/Katy Schroeder �' 1396 Baldur (p�'2
� )
Steve Ellioi�- � 1400 Baldur
� 2g �
Printed Name 3lgnature Address Comment Date
� 1404 Baldur House is under construction
William/Kristy Anderson � A`��`� 1408 Baldur Park Road
b!'i2 jry
Wiliiam/Babs Arons ��`�'
�� 1412 Baidur ��/r��
Jeff Ulku '
Marcia Peterson 1416 Baidur ��231��
Brad/Cindy McDonnell '� 1420 Baldur f
Rick Rohrer � b C�31��
�Sonja Hutchison ��� ",�, 1424 Baldur
�1�31�
Kent Roth 1428 Baldur �'�23�jL�
Jack/Maureen Nyquist 1432 Baldur ��Z� jl
( �
Jeff Mikkelson 1436 Baldur �f2����
1
Jack/Susan Bohn 1440 Baldur ��T�1�A��gl3c.�,�
Patrick/ Loring Kaveny 1444 Baldur �5 `��nt� a ���.-� b/�3'�Lj
!
Jay/Marlis Lawrence 1448 Baldur
�l Z3 r
Fred/Julie Puzak 1340& 1350 Baldur Park Road ��� �v������
Ken/Diane Carlson ` 3874 North Shore Drive (�
-`�l��
Mike/Kim Lattener 3510 North Shore Drive
►�t, v i� ��ZU t� r t ��
�O/2�/r�
� C����i -f (30 l I
� � rc e.oQ -� r�tovc. Yt� n
� . � � ���
� � � a q �
Jessica Loftus
From: Cindy McDonnell [csmcdon@gmail.com]
Sent: Tuesday, February 17, 2015 8:55 PM
To: Jessica Loftus
Cc: bmcdonnell@watlow.com
Subject: Fwd: POSSIBLE Baldur Pk Rd reconstruction discussion at City Council mtg of Feb 23rd!!!
Attachments: Council Work Session Agenda 2-23-15.docx
Hello - Cindy McDonnell here expressing that Brad and I would really like to see something done to fix our
horrible road (Baldur Park Road). It was bad before the flood - and now it's a whole lot worse. I've called the
city several times pre-flood and it never seems to be a priority. Now it's imperative that something be done to
bring it up to standard.
Thank you- Cindy and Brad McDonnell
---------- Forwarded message ----------
From: <bkejl cr,mchsi.com>
Date: Tue, Feb 17, 2015 at 5:37 PM
Subject: POSSIBLE Baldur Pk Rd reconstruction discussion at City Council mtg of Feb 23rd!!!
To: Cindy Mcdonnell <csmcdon(cr��gmail.com>,jeff mikkelson <jeff_mikkelson cr,hotmail.com>, Marcia
Peterson <marcia(�a,rivertrip.org>, Kent Roth <kentbrothn,�mail.com>, Jack Nyquist <n quist a,mchsi.com>,
Roxane Gehle <roxane. ehle ,�mail.com>, Bill & Babs Arons <aronswc c�r�,�mail.com>, Anderson Bill and
Kristi <billanderson.email(a�yahoo.com>, Lisle Steve <Lisle.Steve(a��mail.com>, Katie Schroeder
<sk.�(a�aol.com>, Betsy/Bruce Nusbaum <Bnbnus e,aol.com>, Rick Rohrer<rick.rohrer(c�mchsi.com>, Sonja
Hutchinson <sonjahutchinson(a�mchsi.com>
Bill & I cannot attend - we are hoping folks will either submit an email to the City Administrator below
supporting an initiative (like we will) and/or ATTEND if possible, nothing like having a representative present
to put them on alert we are keeping track & want it DONE!!
Submit an email or letter ASAP -packets are assembled prior to meeting on 2/23! And forward to anyone I
missed please...
Email: iloftus�a,ci.orono.mn.us
Thanks all!
Kristi
----- Forwarded Message -----
From: "Aaron H. Printup" <aprintup�a,ci.orono.mn.us>
To: bkej�mchsi.com
Sent: Friday, January 23, 2015 4:47:23 PM GMT-06:00 US/Canada Central
Subject: POSSIBLE discussion February 23rd
i
Please give the heads up on your block about the February Work Session at Spm.
This is PRE-liminary... But probably worth it to put on the calendar...
"Whatever you are, be a good one". Abe Lincoln
Cindy McDonnell
952-334-3223
z
Jessica Loftus
From: Bill Arons[aronswc@gmail.com]
Sent: Wednesday, February 18, 2015 10:32 AM
To: Jessica Loftus
Subject: Rebuild Baldur Park Road
Hi Jessica - We hope that the Council will be reviewing our petition
(si�;ned by most �-esidents) to Rebuild E3aldur Park Road that was
prescr�ted in .1ulv of 2014. Th�nl< you fol� y�our help.
Bill
& Babs
f�t'011 S
1412 Baldur- Park Road
95?-471 -0324
�
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
February 23, 2015
5:00 o'clock p.m.
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, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City
Engineer Adam Edwards, Police Chief Correy Farniok, City Attorney Soren Mattick, and City Clerk
Diane Tiegs
1. Street Funding Discussion (moved to accommodate residents present for the discussion)
a. Baldur Park Road Improvements
Public Works Director/City Engineer Adam Edwards reported that the Baldur Park Road is
in need of being rebuilt and it is timely to use FEMA funds from the flooding damage that
occurred to that road. The initial estimate for rebuilding the road is$223,917 with $59,223
available in FEMA funds that can be used towards that project.The City has 18 months to
make use of the FEMA funds for the flooding repairs. The timeline for this project is to
present a proposal to Council for approval during a March Council meeting, award the
contract in May with construction completed by October 2015.
Council discussed the curb and gutter portion of the quote request. Edwards stated the
soil is poor and by installing curb and gutter it will assist with drainage. He also noted that
curb and gutter were added to the quote because of a petition received from residents in
that area.
Council discussed additional signage imposing tougher weight restrictions to conserve the
roadway. Edwards stated seasonal weight restrictions of 4 ton are in effect annually each
spring from mid March to mid May. The road is primarily used by the residents and the
st�ingent restrictions would affect the resident's services for their garbage or occasional
projects that require heavier truck delivery.
Edwards will contact Bolton & Menk to prepare an engineering proposal to be presented at
a March Council meeting. Printup would like axel weight limits included in the report.
b. Watertown Road
Watertown Road shares a boundary between the cities of Orono and Long Lake. Long Lake
is considering a full reconstruction that will include utility replacement on the portion of
Watertown Road located between Brown Road and Willow Drive in 2016. The City of Long
Lake has approached Orono with a proposal to consider a joint project. Long Lake would
lead the project with Orono participating in a joint financial arrangement. Orono is
City Council Work Session February 23,2015 Page 1
currently responsible for 29.5%of that roadway. The Orono City Councii suggests using
reclamation costs as a basis for the cost sharing. The consensus was to move forward with
the next steps.
2. Code Enforcement Discussion
City Attorney Soren Mattick reviewed pro-active code enforcement. Criminal code violation
complaints sent to his office are usually misdemeanor and currently there are three or four
cases to process.
The judicial process could be replaced by a course of action currently used by the City of
Burnsville. Their process is that the initial property inspection has no fee but the City charges
the property owner inspection fees which increase for each subsequent inspection. If the fees
are not paid according to Statute 429 municipalities can do a special assessment to the
property taxes.
Code violations are difficult to enforce and judges do not want to spend their time on these
types of citations. Walsh wants Staff to act immediately if they become aware of violations.
Council Member Printup is uncomfortable with proactively seeking code violation issues.
Planning and Zoning is reviewing City Code language to address City Codes that may need
amendments or revisions. Council agreed the re-inspection fee charge used by the City of
Burnsville is good model and allows the City authority to assess fees that are not paid.
Planning and Zoning will prepare a draft for Council review of the proposed inspection fees
using the City of Burnsville's model. Council also discussed that senior citizens may need
assistance should a City Code violation be rendered.
3. Prosecuting Attorney
Police Chief Farniok presented background information on the City's current Prosecuting
Attorney Services from Ken Potts. Both Mound and Minnetonka Beach use the same
prosecuting attorney which makes prosecuting violations more efficient. Walsh feels that the
City has not been served well by the current prosecuting attorney. Council Member Cornick
stated that having served as an Orono Police Officer he has found Attorney Potts'services to
be thorough and outstanding. Farniok reminded the group that the prosecuting attorney
represents the Cit�s best interest not the resident that has been charged. After further
discussion Council decided that Prosecuting Attorney Potts should attend Council meetings to
present updates once or twice a year and the Police Advisory Commission would discuss
prosecuting services.
4. Wellhead Protection Ordinance
Walsh requested more discussion on the Wellhead Protection Ordinance. Loftus stated that
the Wellhead Protection Ordinance was acted on at the February 9, 2015 Council meeting.
City Council Work Session February 23,2015 Page 2
The Ordinance was approved with a vote of 3 ayes and 2 nays. Walsh said he perceives this as
a property rights issue.
Attorney Mattick researched the legal side and reviewed the State statutes. The MN
Department of Health supports city regulation of wells to prohibit new private wells from
being installed if public water supply service is available. This reduces the possibility of
contaminants finding their way into the City water supply.
Edwards spoke to why communities are limiting private wells. He reviewed the City's
approved Wellhead Protection Program including education and code practices. Mayor
McMillan stated that the City has an investment in the City's utility infrastructure and the
Ordinance is in place to protect that infrastructure and the water source. Navarre has 12 wells
versus 400 homes that are currently senriced. Citizens with wells can continue to use their
wells until they fail. The Ordinance can be amended at a later date should a problem arise.
Cornick stated that the Council needs to work together and this Ordinance was approved,
should stand as approved, and move forward.
5. Public Input at City Council Meetings
Clarification was requested on the agenda form that addresses public input at the Council
meetings.After Council discussion there was consensus that the wording would be:
The public is invited to address the Council regarding any item on the regular agenda when it
comes up for discussion. If your topic is not on the aqenda, you may speak during the Public
Comments section.
6. Imaging Project
City Clerk Tiegs provided Council with an update on the Laserfiche software. She requested
support for document scanning. Council discussed posting the part time position on the City
website.
7. Future Work Session Topics
Walsh requested that cell tower leases be added to a future work session agenda for
discussion. Mayor McMillan stated roads are a priority for discussion at the March work study
session.
8. Adjournment 6:58 p.m.
ATTEST
��az,,�,� .
iane Tiegs, City Cler�c Lili Tod McMillan, Mayor
City Council Work Session February 23,2015 Page 3
� �
MEMORANDUM
TO: CITY COUNCIL
FROM: ADAM T. EDWARDS, PE �/
SUBJECT: WATERTOWN ROAD RECONSTRUCTION—SHARED WITH LONG LAKE
DATE: FEBRUARY 23, 2014
List of Exhibits
A- Watertown Road Engineer Estimate, WSB January 20, 2015
B- Watertown Road Map
1. Purpose. The purpose of this memorandum is get initial guidance for Staff to coordinate with Long
Lake City Staff to develop a joint powers agreement for reconstructing Watertown Road between Willow
and Brown Roads.
2. Background. Watertown Road is a Collector road for the City of Orono. From Willow Road to
Brown Road responsibility for its care is shared with the City of Long Lake due to the alignment of the
cities' boundaries. Orono owns 29.5%of the road surface by square footage along this stretch of road
with Long Lake owning the remainder. Long Lake is proposing to rebuild this section of the road in 20]6
and is looking to partner with Orono to do so. Long lake is considering a complete rebuild of the road
because they may replace all of the utilities that currently run under this section of Watertown Road.
Orono does not have any utilities under this section of Watertown road. If agreed, Long Lake would lead
and manage the project with Orono contributing financially.
3. Cost. The total estimated cost to rebuild this section of Watertown Road is $],487,462 (See Exhibit A).
The cost includes the roadway reconstruction, storm water improvements and storm water management
associated with the project. The costs also include 15%contingency and 28% indirect costs(which
includes engineering fees and construction oversight fees). There are several courses of action Orono can
use to calculate its contribution. Orono will be using a reclamation process on the rest of Watertown
road, so it would be reasonable to assume the City would do the same on this section and therefore could
use this as a basis for cost share calculations. The table below shows a comparison of costs between
reconstruction and reclamation.
Item ReconstractQon Reclamatioa
Costs Costs
Road Surface Im rovements $196,055 $105,700
Storm Sewer Im rovement $48,928 $20,100
Storm Water Mana ement $7,996 $7,996
TOTAL $252,979 $133,796
4. Funding. The project could be budgeted for 2016 with the road surface improvements coming from
the pavement management fund (if funded) and the storm water work coming from the Storm Water
fund.
5. Timing. The Long Lake Engineer proposed the following schedule. Since Long Lake is looking at
using the 429 Assessment process they need to begin the process this spring in order to start construction
in 2016.
When What
Execute Joint Powers A reement March 2015
Feasibili and Prelimina Desi March—Au ust 2015
Final Desi n and Biddin Au ust-December 2015
Construction A ri12016-June 2017
6. Recommendation. I recommend Orono enter into a Joint Powers Agreement with Long Lake
managing the project and Orono providing funding. 1 further recommend that the City use the
reclamation costs as a basis for calculating the City's contribution to the project.
STAFF IS REQUESTING:
Discussion and direction to coordinate with Long Lake staff to produce a Joint Powers Agreement.
Opinion of Probable Cost
Project• Wa[ertown Road Improvement Project(Preliminary)
Project Locahon.• City of Long Lake&Orono
WSB Pro'ec!No: TBD
En neers Estimabe Ci llt
Item MnDOT Descriphon Umt Unrt Price Estimated Estimated Long Lake Oro 00
No. S cification No. Total uanti Total Cost 70 5/0 29.5/o
A. Surface Im rovements
1 2021.501 MOBILIZATION LUMP SUM $50,000.0 1.00 $50,000.00 $35,250.00 $14,750.00
2 2101.502 CLEARING TREE $350.00 10 $3,500.00 $3,50000 $0.00
3 2101.507 GRUBBING TREE $350.0 10 $3,500.00 $3,500.00 $000
4 2104 501 REMOVE CONCRETE CURB&GUTTER LIN FT $4 100 $400 00 $400.00 $0.00
5 2104.505 REMOVE BITUMINOUS PAVEMENT(FULL DEPTH) S�YD $2.50 6,000 $15,000 00 $10,575.00 $4,425 00
6 2104.523 SALVAGE AND REINSTALL STREET S�GN EACH $150.0 6 $900 00 $900.00 $0 00
7 2104.513 SAWING BITUMINOUS PAVEMENT(FULL DEPTH) LIN FT $3.00 1,200 $3,599 33 $3,599.33 $0.00
8 2104 602 SALVAGE AND REINSTALL LANDSCAPING STRUCTURES LUMP SUM $2,500 00 1 $2,500 00 $1,762 50 $737 50
9 2104.602 SALVAGE AND REINSTALL MAILBOX 8 MAILBOX SUPPORT EACH $100.00 20 $2,000.00 $1,700 00 $300 00
10 2105.507 COMMON EXCAVATION CU YD $10.00 3,500 $35,000.00 $24,675.00 $10,325 00
11 2105.501 COMMONBORROW CUYD $1300 1,000 $13,000.00 $9,16500 $3,835.00
12 2105.507 SUBGRADE EXCAVATION CU YD $9.00 1,000 $9,000.00 $6,345 00 $2,655.00
13 2105.522 SELECT GRANULAR BORROW(CV) CU YD $15. 4,500 $67,500 00 $47,587.50 $19,912 50
14 2105.525 TOPSOILBORROW CUYD $20. 500 $10,00000 $7,050.00 $2,95000
15 2105.601 DEWATERING LUMP SUM $2,000. 1 $2,000 00 $2,000.00 $0 00
16 2105.604 GEOTEXTILE FABRIC TYPE V S�YD $2 2,700 $6,750.00 $4,758.75 $1,991 25
17 2112 501 SUBGRADE PREPARATION STA $150 00 22 $3,300.00 $2,326.W $973 50
18 2211 501 AGGREGATE BASE CLASS 5 TON $14 00 2,700 $37,800 00 $26,649 00 $11,151 00
19 2531 601 8"THICK CONRETE DRIVEWAY APRON S�YD $40 00 160 $6,400 00 $6,400 00 $0 00
20 2357 502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $3.50 600 $2,100.00 $1,480 50 $619.50
21 2360 501 TYPE SP 12.5 WEARING COURSE MIX(2,C) TON $68 00 780 $53,040.00 $37,393 20 $15,646 80
22 2360502 TYPE SP 12.5 NON WEAR COURSE MIX(2,C) TON $66 0 780 $51,480.00 $36,29340 $15,186.60
23 2360 503 3"THICK TYPE SP 9 S WEARING COURSE MIX DRIVEWAY PAVEMENT S�YD $25 200 $5,000 00 $3,525 00 $1,475.00
24 2505601 UTILITYCOORDINATION LUMPSUM $2,000. 1 $2,000.00 $1,41000 $59000
25 2531.501 CONCRETE CURB&GUTTER,DESIGN 8618 LiN FT $11. 5,000 $57,500.00 $40,537.50 $16,962 50
26 2540.602 MAIL BOX(TEMPORARY) EACH $20.0 20 $400.00 $340.00 $60 00
27 2563601 TRAFFICCONTROL LUMPSUM $5,0000 1 $5,000.00 $3,52500 $1,475.00
28 2573530 CULVERTPROTECTION EACH $25000 6 $1,500.00 $1,05750 $442.50
29 2573 540 SILT FENCE TYPE MACHINE SLICED LIN FT $4 00 2,200 $8,800.00 $6,204� $2,596.00
30 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH $1,000 00 6 $6,000.00 $4,230 00 $1,770.00
31 2575.501 SEEDING AND MULCHING ACRE $3,500.00 2 $7,000.00 $4,935 00 $2,065.00
32 2575.501 TEMPORARY SEEDING ACRE $1,000.0 1.0 $1,000.00 $705.00 $295.00
33 2564.637 INSTALL SIGN EACH $150.0 10.0 $1 500 00 $1 500.00 $0.00
Sub Total: $474,469 33 $341,279.68 $133,189.65
15%Conungency $71,170.40 $51,191.95 $19,978.45
Sub Total(Conswction): $545,639 73 $392,471.64 $153,168.10
28%Indvect $152,779.13 $109,892.06 $42,887.07
' TOTAL: 5698,418. 5502,363.69 5196,055.16
B. Sanita Im rovements
34 2104 501 REMOVE SEWER PIPE(SANITARY) LIN FT $4 00 1,600 $6,400.00 $6,400 00 $0.0
35 2104 501 REMOVE PIPE(SANITARY SERVICE) LIN FT $6 00 600 $3,600.00 $3,600 00 $0 00
36 2014.509 REMOVE SANITARY SEWER MANHOLE EACH $500 10 $5,000.00 $5,000.00 $0.00
37 2503.601 BY-PASS PUMPING LUMP SUM $3,500.0 1 $3,500.00 $3,500.00 $0 00
38 2503 511 8"PVC SDR 35 SANITARY SEWER PIPE LIN Ff $32 0 1,600 $51,200.00 $51,200.00 $0.00
39 2503.511 6"PVC SANITARY SEWER SERVICE PIPE LIN FT $30.0 600 $18,000.00 $18,000.00 $0.00
40 2503 602 8"x 4"PVC WYE EACH $400.00 20 $8,000 00 $8,000.00 $0.00
41 2503.602 6"SANITARY SERVICE CLEAN OUT EACH $500.00 20 $10,000 00 $10,000.00 $0.00
42 2503.602 CONNECTTOEXISTINGSANITARYSEWER EACH $1,500.00 5 $7,50000 $7,500.00 $0.00
43 2503.602 RECONNECT TO EXISTING SANITARY SEWER SERVICE EACH $300 00 20 $6,0�.00 $6,000.00 $0.00
44 2503.602 SANITARY SEWER MANHOLE CASTING EACH $700. 10 $7,000.00 $7,000.00 $0.00
45 2506.501 SANITARY SEWER MANHOLE LIN FT $190. 240 $45,600 00 $45,600.00 $0.00
46 2506.602 CHIMNEY SEAL EACH $250 10 $2 500.00 $2 500.00 $0.00
Sub Total: $174,300.00 $174,300 00 $0.00
15%Contingency: $26,145 00 $26,145 00 $0.00
Sub Total(Construction): $200,445.00 $200,445 00 $0.00
28%Indirect: $56,124.60 $56,12460 $0.00
TOTAL: 5256,569.60 5256,569.60 50.00
Opinion of Probable Cost
Projec�. Watertown Road Improvement Pro�ect(Preliminary)
Project Location: City of Long Iake&Orono
WSB Pro'ect No• TBD
En neera Estlmate Ci S t
Item MnDOT Description Uni[ Unit Pnce Estimated Estima[ed L,ong L�ake Oron�o
No. S cification No. Total uanti Total Cost 70.5/0 29.5/o
C.Watermain Im rovements
47 2104.501 REMOVE WATERMAIN PIPE LIN FT $2. 1,800 $4,500.00 $4,50000 $000
48 2014.501 REMOVE WATER SERVICE PIPE(INCLUDING CURB STOP) EACH $250 20 $5,000.00 $5,000.00 $0 00
49 2014.509 REMOVE EXISTING GATE VALVE AND BOX EACH $75 7 $525.00 $525.00 $0 0
50 2014 509 REMOVE EXISTING HYDRANT ASSEMBLY EACH $300.0 5 $1,500.00 $1,500 00 $0.00
51 2504 601 TEMPORARY WATER DISTRABUTION SYSTEM LUMP SUM $5,000 1 $5,000.00 $5,000.00 $0 00
52 2504602 CONNECTTOEXISTINGWATERMAIN EACH $7,500 6 $9,000.00 $9,00000 $000
53 2504602 CONNECTTOEXISTINGWATERSERVICE EACH $500 20 $10,00000 $10,00000 $000
54 2504 602 HYDRANT ASSEMBLY EACH $5,000 5 $25,000.00 $25,000 00 $0.00
55 2504.602 1"CORPORATION STOP EACH $400 20 $8,000.00 $8,000 00 $0 00
56 2504.602 8"GATE VALVE AND BOX EACH $1,900 7 $13,300.00 $13,300 00 $0 00
57 2504.602 1"CURB STOP AND BOX EACH $400. 20 $8,000 00 $8,000 00 $0.00
58 2504.603 1"TYPE K COPPER PIPE LIN FT $24. 600 $14,400 00 $14,400 00 $0.00
59 2504.603 8"PVC C-900 WATER MAIN LIN FT $34. 2,000 $68,000 00 $68,000 00 $0.00
60 2504.604 4'POLYSTYRENE INSULATION SQ YD $36 100 $3,600.00 $3,600.00 $0 00
61 2504.620 DUCTILE IRON FITTINGS-EPDXY COATED POUND $4. 2 800 $11 200 00 $11 200.00 $0 00
SubTotal: $187,025.00 $187,02500 $000
15%Con4ngency $28,053 75 $28,053 75 $0.00
Sub Total(Construction): $215,078.75 $215,078.75 $0.00
28%Indirect $60,222.05 $60222.05 $0.00
TOTAL: 5275,300.80 5275,300.80 50.00
D. Storm Sewer Im rovements
62 2104.501 REMOVE SEWER PIPE(STORM) LIN FT $5. 300 $1,500.00 $1,057.50 $442
63 2502.521 4'PT PIPE DRAIN LIN FT $12. 4,300 $51,600.00 $36,378 00 $15,222
64 2502.601 4"TP PIPE DRAIN CLEAN OUT EACH $150. 40 $6,000.00 $4,230 00 $1,770.
65 2503 541 15"RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $36.0 215 $7,740 00 $1,935 00 $5,805.
66 2503.541 18"RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $38. 1,050 $39,900.00 $39,900.00 $0.00
67 2503.541 21"RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $40 325 $13,000 00 $13,000.00 $0.00
68 2503 541 2T RC PIPE SEWER DESIGN 3006 CLASS III LIN F7 $45 200 $9,000.00 $9,000.00 $0.00
69 2506 602 CASTING ASSEMBLV(CATCH BASIN) EACH $500 74 $7,000.00 $4,500 00 $2,500.
70 2506 501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $350. 30.0 $10,500.00 $10,500 00 $0.00
71 2506 501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT $450. 11.0 $4,950.00 $4,950.00 $0.00
72 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH $1 500. 7 $10 500.00 $3 000.00 $7 500.
Sub Totel: $161,690.00 $128,450.50 $33,239 50
15%Conungency: $16,169.00 $19,267.58 $4,98593
Sub Total(Construction): $177,859.00 $147,718.08 $38225 43
28%Indirect: $49,800 52 $41,361.06 $10,703.12
TOTAL: 5227,659.52 5189,079.14 548,928.
E. Stormwater Mana ement
73 2101502 CLEARING TREE $350 15 $5,25000 $3,500.00 $1,750
74 2101.507 GRUBBING TREE $350 15 $5,250.00 $3,500.00 $1,7500
75 2105 501 COMMON EXCAVATION CU YD $12 400 $4,800.00 $3,384.00 $1,416.
76 2506 502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH $1,500. 2 $3,000.00 $3,000.00 $0.00
77 2575 501 SEEDING AND MULCHING ACRE $3,500 0 0 5 $1 750.00 $1 233.75 $516 2
Sub Total: $20,050.00 $14,617.75 $5,432 25
15%Contingency $3,007.50 $2,192 66 $814 84
SubTotal(Construction): $23,057.50 $16,81041 $6,24709
28%Indvect $6,456.10 $4,706.92 $1,74918
TOTAL: 529,513.60 527,517.33 E7,996.27
� Opinion of Probable Cost
Project: Watertown Road Improvement Project(Prelimmary)
Project Locatiar: City of Long Lake&Orono
WSB Pro'ect No.• TBD
En neers Estimate Ci S lit
Item MnDOT pescript�on Unit Unit Price Estimated Estimated Long Iake Oron�o
No. S cificahon No. Total anti Total Cost 70.5/0 29.5/o
F.Trail Im rovements
78 2021.501 MOBILIZAT�ON LUMPSUM $5,00000 1.00 $5,00000 $3,52500 $1,475.00
79 2101.502 CLEARING TREE $350.0 30 $10,500.00 $7,402.50 $3,097.50
80 2101.507 GRUBBING TREE $3500 30 $70,50000 $7,402.50 $3,097.50
81 2105.601 SITE GRADING L.SUM $3,500 1 $3,50000 $2,467.50 $1,032.50
82 2521.511 2.5"BITUMINOUS TRAIL S�YD $22. 2,400 $52,800.00 $37,224.00 $15,576.00
63 2531 602 PEDESTRINA CURB RAMP EACH $800 7 $5,600 00 $3,948.00 $1,652.00
84 2531.618 TRUNCATED DOMES S�FT $50 140 $7,000 00 $4,935.00 $2,065.00
85 2582 503 CROSSWALK MARKING-EPDXY SQ FT $120. 400 $1,440.00 $1,015.20 $424.80
86 2506.602 SEEDING INCLUDING TOPSOIL&FERT ACRE $3 500 2 $7 000 00 4 935 00 $2 065.00
Sub Totai: $103,340.00 $72,854.70 $30,485.30
15%Con6ngency $15,501.00 $10,92821 $4,572.80
Sub Total(Construction): $118,841.00 $83,762.91 $35,058 10
28%Indirect: $33,275.48 $23,459.21 $9,816.27
TOTAL: $152,116.48 $707,242.12 544,874.36
ROADWAY RECONSTRUCTION(STREET&STORM): 5955,591.98 5772,960.16 5252,979.98
ROADWAY RECONSTRUCTION(STREET 6 FULL UTILITIES): 51,487,462.38 51,244.830.56 5252,979.98
ROADWAY RECONSTRUCTION(STREET,UTI�ITIES,8 TRAIL): 51,639,578.86 51,352,072.68 5297,854.
ROADWAY RECONSTRUCTION(STREET 8 FULL UTILITIES WITHOUT CURB): 51,233,295.98 51,035,133.52 5198,162.46
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