Loading...
HomeMy WebLinkAbout05-26-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lill Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Numbers 5, 6, 8, and 11 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF MAY 11, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of May 11, 2015, as submitted. VOTE: Ayes 5, Nays 0. RECOGNITION 3. LYLE OMAN RECOGNITION — RESOLUTION NO. 6515 Mayor McMillan presented Lyle Oman with a plaque recognizing his 31 years of service to the City of Orono. McMillan stated throughout the years she has received a lot of calls regarding the excellent service provided by Lyle. Levang stated she has enjoyed working with Lyle and that he has a wonderful demeanor. Levang commented he will be missed. Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6515, a Resolution of Appreciation to Lyle Oman for his Thirty -One Years of Dedicated Service. VOTE: Ayes 5, Nays 0. 4. ORONO POLICE EXPLORER RECOGNITION — PRESENTATION Police Chief Farniok stated he would like to take a few moments to recognize a few individuals that have dedicated hundreds of hours in serving the community by participating in the Law Enforcement Exploring Program, which is a program sponsored by local law enforcement agencies to provide career information and scholarship opportunities to students aged 14 to 20. The program helps to introduce the students to the law enforcement program. The students work first-hand with the officers by participating in ride- alongs and learning crime prevention tools. Page 1 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 4. ORONO POLICE EXPLORER RECOGNITION — PRESENTATION (continued) Farniok commended Officers Paul Hooper, Phil Spanjers, and Jan Szczepanik for their work with this program. Officer Jane Szczepanik noted this is her fourth year working with the Explorers. Four of the six students were first-year participants in the program. The students attended the four-day conference held in Rochester, Minnesota. Szczepanik stated this year Explorer's Team A consisted of Nathan Hartigan, Emily Eastman, and Bryce Martin. Team A placed third in Arrest and Search and fourth in White Collar Crimes. Team B consisted of Carver Christenson, Erin Roth, and Austin Goddard, who placed second in Crime Prevention. Szczepanik noted the individuals missed placing first by half a point. Officer Szczepanik thanked the individuals for participating in the program. PLANNING COMMISSION COMMENTS — KEVIN LANDGRAVER, REPRESENTATIVE Landgraver stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *5. #08-3355 CLEMENT AND WINIFRED KROLL — 60 STUBBS BAY ROAD SOUTH, SEVENTH PRELIMINARY PLAT APPROVAL EXTENSION — RESOLUTION NO. 6513 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6513, a Resolution Granting a Seventh Extension of the Preliminary Approval of a Class III Subdivision for Property Located at 60 Stubbs Bay Road South. VOTE: Ayes 5, Nays 0. *6. #15-3722 STORMWATER AND DRAINAGE TRUNK FEE ORDINANCE AND FEE SCHEDULE AMENDMENT — ORDINANCE NOS. 148 & 149 Levang moved, Printup seconded, to adopt ORDINANCE NO. 148, Third Series, an Ordinance Amending Article III, Division V, Subdivision IV of the Orono Municipal Code Regarding Stormwater Trunk Fees. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to adopt a SUMMARY OF ORDINANCE NO. 148 , Third Series, a Summary Ordinance Amending Article III, Division V, Subdivision IV of the Orono Municipal Code Regarding Stormwater Trunk Fees, for publication in the local newspaper. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to adopt ORDINANCE NO. 149, Third Series, An Ordinance Amending Ordinance No. 128, Third Series, Adopting the City of Orono 2015 Fee Schedule, Revising Stormwater and Drainage Trunk Fees. VOTE: Ayes 5, Nays 0. Page 2 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 7. #15-3723 SOURCE LAND CAPITAL — LAKEVIEW PROPERTY — 405 NORTH ARM DRIVE — FINAL PLAT APPLICATION — 2"'D PRELIMINARY REVIEW Gaffron stated Source Land Capital is in preparation for their final plat application and approval process, which is expected to be finalized by the Council's June 8 meeting. Gaffron noted the City Council initially reviewed the final plat submittals at their March 23 meeting. Since then the applicants have been working with Staff, City Engineer, and MCWD to finalize remaining details in order to gain final plat approval. Gaffron indicated a few new items since the March meeting have been included in the packet as well as updated plat drawings and engineering plans. Staffs memo and attachments have been provided for Council review and comment in anticipation of final plat approval. Prairie Restorations has provided a written plan pursuant to the Conservation Design requirements for establishment and maintenance of the 60 -plus acres of the site that will be under a conservation easement and/or wetland easements. The plan addresses woodland management, upland grass areas, wetlands, ponds, and stream buffers, and septic mound and alternate site management. In addition, seed mixes are specified as well as a schedule for establishment and maintenance of the vegetation in the protected areas. As it relates to the park outlot, there is a 4.5 acre parcel between North Arm Drive and the large pond on the site that is being platted as an outlot for privately -owned public space purposes. The Applicants have submitted a set of parameters the applicants and the Citizens for Lakeview Preservation have agreed upon. The space will be maintained by the Lakeview Homeowners Association and its improvements will be constructed by the developer. The applicants have also submitted an updated draft Declaration of Covenants, Conditions, Restrictions, and Easements. The City will be granted specific easements and covenants regarding the private road, the wetlands, and the conservation area in separate documents not subject to potential future amendment by the homeowners association. The documents guarantee the permanence of the various provisions. Gaffron stated in the initial development plans, stormwater management was primarily being handled by establishment and maintenance of the conservation areas in natural vegetation to act as a filtration system, with no NURP ponding proposed. The plants reviewed by the Council in March included four bio- filtration basins or dry ponding areas which are clustered around the area where the outlet to the large existing pond will flow under the main road through culverts. Since then the MCWD has required the developers to incorporate additional such basins, for a total of 16, that will be scattered throughout the development area at locations where runoff from the new streets can be captured and held for infiltration. There is a question on whether the low area in the northwest area of the property has been a wetland in the past and whether it would be restored. When the golf course was built, that area was drained with an underground tile system and formal restoration of this area is not proposed. The applicants are proposing at this time to remove the drain tile and let the area restore itself naturally. The Watershed District is in approval of this plan. The applicants have been working closely with the Watershed District regarding stormwater management and the MCWD's final approval is expected to be granted on May 28, which is Thursday of this week. In addition, the MPCA has approved the stormwater pollution prevention plan permit and the EAS permit for the site. Page 3 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 2G, 2015 7:00 o'clock p.m. 7. #15-3723 SOURCE LAND CAPITAL — LAKEVIEW PROPERTY — 405 NORTH ARM DRIVE — FINAL PLAT APPLICATION — 2ND PRELIMINARY REVIEW (eontanued) Staff met with the applicants and the City Engineer last week and all engineering issues have or will shortly be resolved. Gaffron noted the draft development agreement is currently being reviewed by the applicants. The proposed private road names include Lakeview Parkway for the main road, with cul-de-sacs proposed to be known as Augusta Street, St. Andrews Street, Lakeview Court, and Pinehurst Court. Gaffron stated the attached materials are being presented tonight for Council review and consideration. The Council should identify any issues of concerns that should be addressed prior to final plat approval scheduled for the June 8 Council meeting. The City Council had no questions for Staff. Donna Hager, 4580 West Branch Road, noted at the December 8 meeting, she was assured that the septic system that was going to be placed close behind her home was going to be relocated. Hager indicated she is here tonight to find out whether it will be moved. Pat Hiller, Applicant, stated in the plat being reviewed tonight, the septic site is in the existing location until additional septic testing can be completed on the new location. Hiller stated until that testing is completed and verified, they are not able to show it on the plat. Hiller indicated they have not been able to complete that testing yet due to the wet spring, but that it is still their plan to move the primary system further away from Ms. Hager's yard. Hager noted it has been a long spring already and that she would really like to know before any final approval is put on the plan since she was assured that it would be changed. Hiller stated this application has been going through a lengthy approval process and that it was not feasible to stop the process to relocate one septic site. Hiller indicated he is fine with language being included in the resolution to that effect. Hiller stated it is their intention to move the primary site but that it has not been possible to complete the testing up to this point. Hager asked if the septic site will be moved. Hiller indicated the septic site will be moved if the septic testing confirms the tentative location will work. Hager noted the lot consists of 4.5 acres and that in her view there should be alternate septic sites available outside of the proposed location. Hiller stated his septic inspector is fairly certain that the alternate site will be fine. Hager asked if there will be another alternate site if that location does not work. Hiller indicated they will do their best to find an alternative site if necessary. Page 4 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 7. #15-37.23 SOURCE LAND CAPITAL — LAKEVIEW PROPERTY — 405 NORTH ARM DRIVE — FINAL PLAT APPLICATION — 2ND PRELIMINARY REVIEW (continued) Hager commented that is not very assuring. Hager noted according to the December 8 minutes, Andrew Mack stated it would be moved. McMillan stated it sounds like the applicants arc doing their best to relocate the septic system and that the earliest the final plat will be back before the City Council for final approval is June 8. McMillan asked whether the testing could be completed by then. Hiller indicated he will give Rusty a call but that it depends on the ground and weather conditions. McMillan asked if the two proposed septic sites shown on the plat meet all the requirements. Hiller indicated they do. Hager stated she objects to those two sites. Hager pointed out there is a designated wetland in that area and that she has measured from the boundary of that wetland to where the original proposed site would be. Hager indicated that distance is not 50 feet back. Hager stated the wetland is located partly on the golf course and partly on her land. In addition to that, there is a grove of beautiful hardwood trees that has marked to be removed in order for the septic system to be placed there. Hager commented she finds that unbelievable and that she is hoping for some quick action on this. Hager noted the applicant has had all spring with some very nice weather. McMillan stated her concern is noted. McMillan asked if there will be a legal document regarding the park that the Council will be seeing. Hiller stated at the present time they have an agreement in principle, which is outlined in Exhibit B. Hiller indicated it was not their intention to share the detailed document since it was a private agreement between two parties, but that they could possibly provide that if the Council would like to see it. Hiller stated they are still working on that documentation and that it is their intention to finalize it fairly soon so the bituminous trails can be put in at the same time the site is being graded. McMillan indicated she is not familiar with this kind of arrangement and that she wanted to make sure there were no concerns the City might have going forward in case there is a dispute. McMillan asked whether there is any reason why the City would want to look at the document. Mattick stated it is his understanding the lot would be classified as an outlot, which would be designated as unbuildable, and that he does not know whether there is connectivity with the other trails. Mattick stated given the fact that it is an outlot and cannot be developed, he does not envision anything that he would need to review in the document. Bryce Johnson, Citizens for Lakeview Preservation, stated the whole arrangement will be confidential but that they could provide the agreement to the City Attorney if the City Council so desired. McMillan noted this is a unique arrangement and that she wanted to make sure there were no issues further down the road. Page 5 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 7. #15-3723 SOURCE LAND CAPITAL — LAKEVIEW PROPERTY — 405 NORTH ARM DRIVE — FINAL PLAT APPLICATION — 2ND PRELIMINARY REVIEW (continued) Walsh asked if it will be a recorded document. Hiller stated the transaction between the two parties would not be recorded. The structure of the transaction is that the homeowners association will retain fee ownership of the parcel and a conservation easement will be granted to the Citizens for Lakeview Preservation. Hiller stated the idea is to create a joint board between the two parties in order to control what the park will be. The conservation easement will be recorded along with the title transfer but the private transaction documents are not anticipated to be recorded. Walsh stated it would be nice to have it for City records and that it might be helpful for future Council members. Mattick stated from a Staff perspective, they talked about making sure the document does not somehow purport to create an obligation on the part of the City for maintenance and upkeep. Hiller stated from that standpoint, it would be reasonable for the City to review it. Levang stated if the City receives complaints regarding the park, there is a question about how to deal with those, but that it should not be an issue if the City has nothing to do with the park. Mattick stated his understanding is it will look like a park but the City will not own it and the easements will not be granted to the City. Mattick stated the caller may not find that satisfactory, but it will be the position of the City that it is not a city park and not under City control. Mattick noted they are creating a board between the homeowners association and the Citizens for Lakeview Preservation, which would need to deal with those issues. Hiller noted it is their intention to install signage indicating that it is a privately owned park but open to the public. Hiller stated the signage hopefully will help prevent calls to the City. Levang thanked Mr. Hiller for changing the name Quail Hollow. McMillan suggested when the lots are sold, the developer identify the alternative septic sites to the property owner as well as provide some type of document on what the conservation design areas entail. McMillan encouraged the applicant to provide as much information as possible on the care and management of a septic site since not all people are familiar with private septic systems. Hiller noted the septic sites will be identified as the survey and that the conservation areas will be signed. McMillan stated city sewer will probably not come to this area for a long time and that the property owners need to understand what they are getting into. McMillan thanked Mr. Hiller for his comments regarding the stormwater fees. Page 6 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 7. #15-3723 SOURCE LAND CAPITAL — LAKEVIEW PROPERTY — 405 NORTH ARM DRIVE — FINAL PLAT APPLICATION — 2ND PRELIMINARY REVIEW (continued) Hiller stated he would like to thank the Council for their very prompt attention to that issue and that he realizes it was a tough issue to deal with. Hiller noted they are spending quite a bit of money on this development and that a reduction in the fees allows them to put that money into other amenities. Hiller stated they truly appreciate it. McMillan stated the City is also appreciative of the unique conservation areas that are being created as part of this development. Gaffron requested an update on the mercury removal. Hiller stated once they receive final approval from the City, the very first task on the site will be to go ahead and start the mercury removal. Hiller indicated the top 12 to 18 inches of soil will be scraped off and taken to a landfill. Hiller noted they have performed hundreds of soil borings on the site and that they have identified each area and how deep they have to go. Hiller stated once that is complete, the site will be perfectly clean from that standpoint. Hiller noted they have their permit already from the Watershed District for that removal. Levang asked when they anticipate removing the buildings on the site. Hiller stated he would expect that to be started by the end of June if this is approved on June 8, and that he will be following up with the police and fire departments. Levang stated she was a little concerned about vandalism and noted the doors to the little shed are open. Gaffron indicated Staff will follow up with Ms. Hager's request and make sure Staff is totally comfortable with it. Cornick stated he would like to remind Mr. Hiller about his informal commitment to naming one of the streets after a famous Orono hero. Hiller noted they have the streets named already. Cornick stated at some point in the future he would personally like to see one of the streets named after a hero from the City of Orono. Levang stated that will probably need to be done on a future development. The City Council took no formal action on this item. *8. #15-3735 CHAMBERLAIN CAPITAL, LLC —10 MYRTLEWOOD ROAD, VARIANCES, RESOLUTION NO. 6514 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6514, a Resolution Granting Variances from Orono Municipal Code Sections 78420, for the property located at 10 Myrtlewood Road. VOTE: Ayes 5, Nays 0. Page 7 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:80 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 9. BALDUR PARK ROAD DESIGN GUIDANCE Edwards stated the purpose of this action item is to gain Council approval of a design option for the Baldur Park Reconstruction Project. At the end of last year, beginning of this year, the Council was notified that FEMA fiwds were secured for a portion of this project. Approximately two months ago the Council authorized Bolton & Menk to compile some design options and testing. Edwards stated he would recommend Option No. 3, which is the partial depth reconstruction. David Martini, Consulting City Engineer, reminded the Council of the significant flooding experienced in this area last year. At the time the area was experiencing the flooding, discussions were held with the residents about the overall condition of the road. Since that time the residents have requested some improvements be made once the waters receded. Martini displayed the project area on the overhead. Martini indicated the yellow section is the area that was ultimately determined by FEMA to be necessary for some repair due to the flooding and that the FEMA money is earmarked for that area. The existing conditions of the road consist basically of two to three inches of bituminous, an average aggregate base thickness of 6 to 12 inches, and subgrade soils consisting of swamp deposits. Martini stated all of the options include maintaining the existing profile of the road and replacing the culvert crossings so that existing drainage patterns are maintained. No flood mitigation is recommended at this time since FEMA did not fund mitigation related improvements. Martini requested the City consider the following options: Option 1, is a full depth reconstruction. This option would consist of complete removal of the existing pavement structure along with removal of unstable materials below the subgrade. This option will require excavation to a depth of at least three feet with a width that extends at least three feet beyond the existing pavement edge on both sides of the road. The advantages of this option include the removal of potentially unstable subgrade materials, construction of a consistent pavement structure throughout the project area, and the life of the roadway would be longer compared to alternatives with a reduced scope of work. Some of the disadvantages of this option would be higher initial construction cost compared to alternatives with a reduces scope of work, poor drainage in this area will still be a factor which limits the life of the road, and the construction will require significant disruption to the adjacent properties. The total estimated cost is $413,780. The second option would be a full depth reclamation, which would consist of pulverizing the existing bituminous pavement along with a portion of the underlying aggregate base. A portion o the reclaimed material would be removed to maintain the existing grade of the road so that drainage patterns are maintained and the underlying subgrade materials are not surcharged by the additional weight of the road. Advantages of this option include a rehabilitated aggregate base and new pavement structure at a lower initial construction cost compared to full depth reconstruction and minimal disruption to adjacent properties during construction. Page 8 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 9. BALDUR PARK ROAD DESIGN GUIDANCE (continued) The disadvantages of this option include a potentially unstable subgrade would be left in place, the pavement structure would not be consistent throughout the project area, and the life of the roadway would be less compared to other options. The total estimated cost for this option is $107,880. The third option is a partial depth reconstruction, which would consist of removing and replacing the existing pavement structure to a depth of 12.5 inches. The advantages of this option include a consistent pavement structure throughout the project area, a separation between the aggregate base and underlying subgrade materials, and minimal disruption to adjacent properties during construction. The disadvantages of this option include a potentially unstable subgrade being left in place and a lessened life expectancy of the roadway as compared to a full depth reconstruction. The total estimated cost for this option is $180,110. Martini recommended the City also consider making improvements to the sanitary sewer system. Since replacement of the sanitary sewer would be very costly and disruptive, it is recommended that the existing sanitary sewer manholes be scaled and the existing sanitary sewer main be lined to reduce I & I. The estimated construction cost of this work is $108,580. Martini stated Staff is seeking direction from the City Council on how they would like to proceed based on the options presented tonight. If the Council would like to move forward with the project, plans and specifications would be prepared in June, with bids being received in July. Construction would start in August or September of this year. Edwards stated funding is available for the project within the City's budget. FEMA provided the City with approximately $59,000 for certain repairs. Following the Watertown Road and Stubbs Bay Road projects, there will be approximately $106,000 in the General Fund balance and the anticipated total cost of the project is $215,000. Printup stated he is okay with the recommendation, but that he was wondering if that included the I & I issues. Edwards indicated it does not and that he will be bringing that topic to the Council in the next few weeks. Edwards stated it would be best to take care of the entire City's infrastructure at the same time as the road project. Walsh noted this is a dead-end road with limited traffic and that given the water issues and sub -material, there is no guarantee of extending the life of the road between a partial reclamation and a full -depth reconstruction. Walsh stated he does not imagine getting 80 percent more life with full -depth reclamation versus partial depth reclamation. Walsh stated given the dollars, it seems to make the most sense from longevity standpoint to go with the partial depth reclamation, which will stili be a very good product. Martini stated the biggest difference between the two is the ability to put a new base in and to provide some separation between the sub -base and the roadway. Martini stated full -depth reclamation would provide a little more flexibility in the future to continue to reuse the base. Cornick asked if curbs and gutters will be installed for runoff. Page 9 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 9. BALDUR PARK ROAD DESIGN GUIDANCE (continued) Martini stated they did look at that and ultimately concluded it was not needed from a drainage standpoint. Martini stated curbing was added to Birch Lane and was needed because they wanted to collect the water and divert it. Martini stated in this situation they determined curb and gutters would not be an advantage in collecting the runoff. Cornick stated he likes Option No. 3. Levang noted the sewer lining and manholes cost approximately $108,000. Levang asked if that would be a separate budget. Edwards indicated that is a separate budget. Edwards stated they raised that issue in this case since the City has an option to perform that work that is much cheaper than digging for those utilities at some point later in the future. Levang noted together that is $264,000 that the City would be spending on Baldur Park Road. Martini stated to his understanding the City had a sewer project listed in their CIP for 2015, and that the thought process was that if this is an area that needs work at some point in the future, it would make sense to combine the timing of the projects to get it taken care of, which would help minimize the disruption to the residents. Levang indicated she is in agreement with that. Levang stated the Council needs to realize that that is $264,000 that would need to be allocated towards that. Mayor McMillan asked if any of the residents would like to speak on this topic. Bill Anderson, 1408 Baldur Park Road, stated there appears to be a big difference between Option No. 1 and Option No. 3. Anderson asked if they would dig out the entire length of the road three feet under Option 1. Martini indicated that is correct. Anderson stated there is a section of the road that is really bad, which happens to be in front of his and his neighbor's house. Anderson stated to his knowledge that was filled at some point in the past and that it has peat moss and everything underneath it. Anderson asked if the City could excavate in that area rather than doing the whole road. Anderson commented he can stand on the road and bounce because the roadway is so soft. Anderson stated his other concern is with the garbage trucks and delivery trucks that come down the road Anderson indicated you can see the road move as the trucks drive over it and that he has a concern it is going to crumble. Anderson stated the road has gotten really bad in the last five years and that he would hate to go through this again 15 years from now with a new Council. Anderson stated drainage is also an issue. Anderson asked if the road could be sloped towards the lake side. Anderson stated he does not mean an obvious pitch to the road but that he would like the water to run away from the homes. Page 10 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 9. BALDUR PARK ROAD DESIGN GUIDANCE (continued) Jeff Uklu, 1416 Baldur Park Road, stated one of the culverts happens to be located in front of his property and that in previous years the culvert dumps water into his yard when the lake is high. Last year it was particularly bad and that it basically forms an outlet into his yard. Uklu stated that culvert has also shifted and moved over the years and at the present time it is almost level with the bituminous surface. Uklu stated he would be curious to know what the thinking or objective is to replacing the culverts. Martini indicated there are areas where the water is trying to go from the east to the west, and without the culverts, they would need to push the road down even further in order to get the water over it. Martini stated one option they have looked at is whether or not some flap gates could be installed on the west side of the culverts. Uklu indicated the culverts have been plugged for a decade or more and that apparently the water flushed the debris out last year. Uklu stated in his observation the culverts present more of an obstacle than solution. McMillan asked if there is enough elevation change between the east and west side. Martini indicated there is not much. McMillan asked if the culverts allow the water to go back and forth. Martini indicated they can take a look at it farther. Martini stated there are a couple of little spots where the water is trying to get from the backside of the neighbors' homes on the east side over to the west and that the challenge in trying to shift it all from the east to the west is to have enough of a pitch on it. Martini stated either the west side of the road would need to be lowered or the east side of the road would need to be raised, which would be rather tricky. Martini stated he certainly understands the issues and that they will look at the elevations. Martini stated the intent is to at least maintain what is there and hopefully improve it. McMillan stated because there is lake on both sides of the road, when the lake level is high, it is difficult to do any type of mitigation. McMillan stated in her view the culvert would only work when the water level is lower so it can properly channel the water in the right direction. McMillan stated once the lake level is higher than normal, it really is not possible to do much other than realizing it is in a floodplain. McMillan stated the residents will have to accept that reality and that the City will try to do what they can do for normal conditions but that it will never be perfect. McMillan stated the City will need to decide what is most effective, and that in her view repairing the sewer and the I & I reduction are both positive steps. McMillan noted the road is breaking up to the north and that it is definitely due for some work. McMillan stated the question is how much work and how many dollars. Martini stated in response to Council Member Walsh's comments, it is very difficult to predict the type of life span the City will get out of any of these options. Martini stated as they looked at Option 3, they determined it is not likely they will get a longer pavement life but that there will be a base that the City can work with again, which was the one key advantage. Page 11 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 9. BALDUR PARK ROAD DESIGN GUIDANCE (continued) Walsh stated when the money from FEMA is taken into account, with full -depth reclamation, the City will be $47,000 out of pocket, and that the partial depth reconstruction would be $120,000 out of pocket. Walsh indicated that is roughly $75,000 difference and that in five years the City could do the whole road again. Walsh stated in his view that is the more strategic dollars spent. Martini stated that is a good point and that the question is whether or not it could be reclaimed in the future. Edwards stated the advantage of Option No. 3 is that the City can do a mill and overlay in ten years. Edwards noted any other major project on this road will require a full -depth reconstruction if a reclamation is done at this time. Walsh stated as long as the structure is still sound, a mill and overlay can be done. Walsh stated the Council needs to realize it is all about the structure and that nothing in any option says the structure will hold up. Walsh stated he is attempting to be more strategic on the dollars in the short-term knowing the City can do it all over again if they want to with the money they save by not doing a full -depth reconstruction. McMillan asked if a mill and overlay can be done on a road that has been reclaimed. Martini indicated it would depend on the subgrade. Levang asked if the soil borings show that there is a point on the road where it is a lot mushier Martini indicated the north end of the road is definitely in a different condition than the south and that the swamp materials are closer to the surface in that area. Levang commented peat moss and other subgrade materials will always be unstable. Levang asked if the full reconstruction would be a process that would displace the residents to some degree. Martini stated it will definitely be more disruptive but that he is not sure they will get a longer life out of it. Martini stated in his view it is between Option 2 and Option 3. Martini stated the attractive thing about Option 3 is the potential to put in a new base and put some fabric down to help preserve it. Levang stated she understands the role of the fabric and that it offers some protection that the City would otherwise not get. Levang stated the road is in terrible shape and that she wants the City to be smart about the work. Levang indicated she feels strongly about Option 3. Printup moved, Levang seconded, to approve Design Option 3 for Baldur Park Road. McMillan indicated she is more in favor of Option 2 since the cost benefit is greater. McMillan stated under Option 3, it would cost $80,000 more. McMillan indicated she receives calls on a regular basis about the roads and that the City needs to stretch its road dollars. McMillan noted the City has performed a couple of mill and overlays in the past few years and that they are continuing down the path of getting the roads in better shape but that Minnesota is a tough climate for the roads. Page 12 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 9. BALDUR PARK ROAD DESIGN GUIDANCE (continued) McMillan noted Baldur Park Road is a dead-end road with very few homes on it and that it is difficult to predict what will happen with the road if Option 1 or Option 3 is done. McMillan noted the Rest Point restoration worked out well and that Rest Point could have used a different sub -base and structural improvements, but the City is hoping they will get a lot out of it for the dollars spent. Walsh indicated he is in agreement with Mayor McMillan. Walsh stated given the fact that there is water on both sides of the road; water is going to seep in no matter what they do. Walsh stated if it does not work and fails five or ten years down the road, they know the solution is just to keep reclaiming it. Walsh stated reclamation is a great product since it repacks the material and puts new pavement down. Walsh noted the existing road has probably been there 20 or 30 years. Anderson stated to his knowledge it was redone since the time he has resided there, which is 17 years. Anderson stated he is really worried about a 400 -foot stretch of the roadway that is literally mush and that in his view some portion of a new base needs to be put down there. Martini stated they could look at installing some fabric in those areas and that the north section of the road is the most challenging. Walsh stated even with three feet of additional base, the road may still bounce. Anderson stated the neighbors appreciate the City looking at it. Walsh stated there may need to be a contingency fund to deal with that. Levang asked if there is a hybrid option. Martini stated if the City goes the reclamation route, they would look at some subgrade correction, which could be fabric, rock or some other material. Martini stated once the reclamation starts, they will be able to better see exactly what they have. Printup asked if,they would rather have a hybrid solution or a contingency. Martini indicated that work could be included in the bid. Printup withdrew his motion and Levang withdrew her second. Martini stated he would recommend putting together a scope for reclaiming the road from the north to the south end, and based on the soil borings, they would look at adding some subgrade correction work on the north end. Martini stated the scope of the project would be a reclamation project with subgrade correction as necessary and that Staff will work out the details. Printup moved, Levang seconded, to approve Option 2A for Baldur Park Road, a full depth reclamation, with the understanding that additional subgrade correction work may be necessary on the northern section of the roadway. Page 13 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 9. BALDUR PARK ROAD DESIGN GUIDANCE (continued) Cornick asked Mr. Anderson if he is okay with that option. Anderson indicated he is. VOTE: Ayes 5, Nays 0 10. WATERTOWN ROAD JOINT POWERS AGREEMENT Edwards stated Long Lake is looking to rebuild the section of Watertown Road that is shared with Orono in 2016 and that they would like to partner with Orono on that section. 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. At the February 23 Council work session, the Council provided direction to Staff to use reclamation costs as a basis for Orono's cost share in the project. Per the Joint Powers Agreement, Orono shall contribute 29.5 percent of the costs for the feasibility study, 29.5 percent for storm and sewer water management, and up to $133,800 for construction administration and materials testing. Long Lake shall be responsible for all other costs related to the project. Edwards noted the Long Lake City Council did approve the Joint Powers Agreement at their last meeting and that they will be taking the lead on this project, with Orono contributing financially. Mattick noted Long Lake will be assessing their residents and Orono is not. Mattick stated the notification to the Long Lake residents will include the assessment. McMillan asked if Long Lake is doing a reclamation. Edwards indicated it will be a reconstruction. Edwards noted Orono's section of the road will also be reconstructed but that Orono will be getting billed for reclamation, which is a lower figure. McMillan asked if Orono has any utilities in that stretch of the road. Edwards stated there is a small piece of utility that runs across the road. Levang moved, Cornick seconded, to approve the Watertown Road Reconstruction Joint Powers Agreement with Long Lake. VOTE: Ayes 5, Nays 0. *11. BEACH BUOYS Levang moved, Printup seconded, to approve placement of existing buoys at Lydiard and Summit Beaches. VOTE: Ayes 5, NaysO. 12. CASCO POINT CHIP SEAL PROJECT Edwards stated the purpose of this item is to update the City Council on the chip sealing of the Casco Point streets. Casco Point streets were reconstructed in 2009. The 2015 budget included protecting this Page 14 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 12. CASCO POINT CHIP SEAL PROJECT (continued) recent investment by seal coating those streets and adding a water resistant layer to the wear surface of the road to reduce water penetration of the pavement surface. Edwards stated that work will help protect the structure and increase the overall life of the roadway. Public Warks has received quotes from three different contractors and would recommend accepting Allied Blacktop's bid for $54,249. Edwards noted that is a not to exceed cost. Edwards indicated the cost will be less than that because the bid included Casco Point Circle, which he is not recommending be completed at this time since a mill and overlay will likely be performed on that road in the next couple of years. Walsh stated he has a general disagreement with the chip sealing and that chip sealing does not create any more structure for the road. Walsh stated he would debate the merits of whether any more useful life is gained by doing the chip sealing. Walsh stated every road is different and that he would like the engineer to look at this to see if he is in favor of the project and whether it will really extend the life of the road. Edwards stated the Federal Highway Association, MN/DOT, and Minnesota's Local Resource Board have all completed studies that cite that preventative maintenance of roadways does extend their life considerably. Edwards stated an engineer is not able to guarantee that it will be extended for X number of years since a number of factors play into that. Edwards stated based on the research that has been done, it shows chip sealing will extend the life. Edwards indicated one of the studies looked at some roads in Eagan and the life was doubled in that situation. Edwards noted the City did invest several million dollars a few years ago on the roads and that they are attempting to take care of them and prevent cracks from forming. Edwards noted the chip sealing is not intended to increase the structure of the road but is a sealing process to prevent water from penetrating into the surface. In the case of this project, Edwards indicated he asked the contractors to provide quotes for both crack sealing and chip sealing so the big cracks would be sealed first, followed by the chip sealing over the entire surface of the road, which in essence seals the road. Edwards indicated it is similar to painting the side of your house in that the paint does not add to the structure of the house but it prevents rain from getting into the grains of the wood. Walsh stated to his knowledge they do not do chip sealing on heavily traveled roads since it gets kicked up and destroyed. Walsh stated the question is where that point is and that he is not sure if the engineer can speak better to that. Edwards noted he is the City Engineer and that he is licensed in the states of Minnesota and Missouri. Walsh stated he is speaking of the consulting City Engineer. Edwards stated the research shows that chip sealing on low volume residential streets is beneficial. Edwards noted there is an ongoing study by the Local Roads Research Board that is looking at whether chip sealing is beneficial on more heavily traveled roads. Page 15 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 12. CASCO POINT CHIP SEAL PROJECT (continued) Martini stated one of the things with blacktop pavement is that it kind of needs the traffic to keep the road more subtle. Martini indicated interstates tend to stay in good shape but that the shoulders tend to break down because it starts to dry up. Martini stated high volume roads do have the traffic that helps prevent some of the drying that occurs on a lower volume road. Martini stated from his standpoint, when you look at the life cycle of a road, there are some preventative things that should be done to a road, and one of those is the seal coating. Martini indicated the seal coating is intended to seal up the surface and prevent water from getting into the surface. Martini stated it is difficult to predict exactly how long that extends the life of the road given the other factors that go into it, but that seal coating is a fairly routine thing that is done nowadays to maintain a road. Martini noted the ultimate goal is to keep the roads in good shape as long as possible, and that once the roads are cracked up to a certain degree, they are past the point of receiving any benefit from a maintenance standpoint. Martini stated based on his experience, the life of the road is extended between three to five years. Walsh asked how many square feet of road would be chip scaled. Edwards indicated it would be approximately 33,000 but that he would have to look at the exact numbers to determine that. Martini stated the cost per square yard would probably be around $1.50 for the chip sealing McMillan stated the goal is to keep the top layer in the best shape for as long as possible and that the chip sealing helps to preserve that. Martini stated the life cycle of a road is new pavement, five to seven years for a seal coating, and then 10 to 15 years for a mill and overlay assuming normal maintenance is done. Levang stated the goal of all of those is the same, which is to get the maximum life out of the road. Levang stated she has no problem with chip sealing to protect the City's asset and that this is a good strategy for protecting the City's roads. Walsh requested Mr. Edwards send him the studies that he referenced. The City Council took no formal action on this item. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT, CONTINUED Edwards stated the Public Works Department is continuing to do pothole patching and curb repairs. The Public Works Department has also been performing some stormwater preventative maintenance and improvements at the various parks. Edwards noted at approximately 11:40 p.m. last night, a fire occurred at Summit Beach. Edwards stated this is the second year in a row that the port -a -potties and enclosure were burnt down. Edwards stated the new split rail fence was also damaged along with a garbage container. Page 16 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Levang noted the Council consented the application for the plat approval extension but that she would like the Council to think about setting an end to how many extensions someone can receive. Levang stated this particular person has had seven extensions and that in her view that is quite a number of them without any work being performed. Levang recommended in the future there be some type of review of that. Gaffron asked if she is looking for a recommendation from Staff. Gaffron stated in his view it is a worthy discussion. Gaffron noted developers have a two-year window in which any code changes cannot impact their plan. Gaffron stated in his view three to five extensions is more than enough. Gaffron stated during that time neighbors can change, the Council and Planning Commission can change, and the code changes and that going through a new review process makes sense after a certain period of time. Levang stated five years in her view would be very reasonable. Gaffron noted the City also had a commercial application extended a number of times. Gaffron stated Staff will bring back a recommendation. McMillan stated Staff has commenced scanning and digitizing of the City's paperwork and files, which is terrific, and that she would like to thank Staff for undertaking that project. McMillan stated another project is the golf course and drainage, which has been addressed by the Public Works Department this spring in a very quick manner. In addition, the Public Works Department has addressed a number of park issues that were outstanding for a number of years. McMillan stated in her opinion all the projects have had good management oversight and that there were a number of volunteers and part-time staff helping. The Park Commission was also actively involved in those improvements. McMillan indicated she would like to thank the Planning Commission for their volunteer efforts as well as the Park Commission and Staff. McMillan stated because of their hard work and dedication, the City is making progress on a number of projects. CITY ADMINISTRATOR'S REPORT 13. SOCIAL HOST ORDINANCE, ORDINANCE NO. 147 Police Chief Farniok stated the Police Department has developed a draft social host ordinance for consideration by the City Council. The ordinance has been modeled from several similar programs utilized by surrounding agencies. The ordinance is designed to deter and discourage underage consumption as well as hold individuals criminally responsible for hosting a gathering where people under the age of 21 are consuming or possessing alcohol within the confines of a private residence. Farniok noted the Police Department over the past couple of years has been called to several private homes and discovered a gather of persons under 21 years of age possessing and consuming alcohol with parents or adults at the residence. There have been several cases that the actions of allowing underage drinking lead to other criminal activity, including a sexual assault of a person under the age of 18. Page 17 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 13. SOCIAL HOST ORDINANCE, ORDINANCE NO. 147 (continued) Farniok stated the Police Department currently has to prove that the person over 21 bought the alcohol and provided it to someone under the age of 21 and that this gives officers another option between a warning and a gross misdemeanor charge of procuring alcohol to a minor. A violation of the social host ordinance would be a misdemeanor. Levang asked if Spring Park has had any call to use it. Farniok indicated they have not. Farniok noted Spring Park adopted it last December and that it went into effective January of 2015. Levang stated she likes how detailed the ordinance is, and that anytime the City Council can give the police department a tool to help keep the citizens safe, she is in favor of it. Walsh noted it is already illegal to provide alcohol to a minor and that it sounds like the police department is being given an easier tool to go and arrest somebody. Farniok stated under state law they have to demonstrate that the individual over 21 purchased the alcohol, brought the alcohol to the part and provided it to the under -aged drinker. Farniok stated the police department has run into a couple of situations at private residences where there were adults present but they denied providing the alcohol, which is a loophole that makes it difficult to charge someone. Walsh stated it does not stop the police department from stopping the party. Farniok stated the ordinance would make it a criminal violation for someone to be hosting a party for minors when alcohol is being consumed. Farniok stated a number of cities have enacted similar ordinances following the occurrence of a tragic event. Walsh asked if Chief Farniok wants more ability than what the state gives the police to criminally prosecute people. Farniok indicated that is correct. Walsh asked why state law is not good enough and why the City needs to make its criminal laws tougher. Farniok stated the ordinance is specific in that it targets those individuals that are hosting parties. Under state law there is currently no violation for a host unless it is proven that they provided the alcohol to people under the age of 21. Walsh stated he is concerned about the unintended consequences of this ordinance and that he would like to get more public input on this matter. Farniok stated they are following the lead of several neighboring communities and that they have people that are promoting this within the community. Farniok stated the ordinance would specifically target people who are hosting underage parties. Page 18 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 13. SOCIAL HOST ORDINANCE, ORDINANCE NO. 147 (continued) Walsh stated he is being asked to give the police department more police powers to criminalize people and that he is not comfortable doing that without more public input. Walsh noted 50 to 75 years ago a lot of people couldn't vote, but that did not mean it was right. Walsh indicated he would like to see what the unintended potential consequences are before voting on it. Printup stated his concern is the broader aspect of where this will end. Printup stated people tend to be cautious about who is allowed into their home. Printup questioned whether this ordinance would allow easier access by the police into someone's home. Printup noted in 2014 there were ten citations issued for underage drinking. Printup stated in his view this ordinance would make it easier to cite people and that the City does not need to go there. Farniok stated there were two incidences in the City where this ordinance would have been useful and one related to a sexual assault of a person under the age of 18. Farniok noted the police department will not be targeting people with this ordinance but that it is another tool they can use once they are on the scene. Loftus noted this matter was brought before the City Council at the March 23 work session and that there was an opportunity to discuss this matter at that time. Loftus stated the item was also published as part of the Council agenda for this evening. Walsh stated he was out of town and not able to attend that meeting. McMillan stated she does not have a problem tabling this item. McMillan asked if Council Member Walsh has some ideas about how to get this out to the public. McMillan stated the draft ordinance could be placed on the City's website. McMillan stated part of the concern comes from parents who allow their children to go to someone else's house but they are not aware their children will be exposed to alcohol. McMillan stated other things can also happen at these types of parties and that people need to know that they will be held responsible. Walsh stated he understands all those concerns, but that he has an issue with giving the police department more power without public input. McMillan stated she is fine with tabling this and perhaps holding a public hearing on it. Farniok noted a copy of the draft ordinance was given to the local school superintendents in an effort to get the word out. Farniok stated the police department does not currently issue a lot of underage tickets but that this is another tool they can use once they arrive at the scene due to a complaint. Walsh asked if he has any idea why the state has not addressed it. Farniok stated it was discussed at the Hennepin Police Chiefs meeting, but that it is to the point where the state would prefer the cities deal with it in some manner. Walsh stated it is a hodgepodge of cities, with one city passing it and another city not passing it. Walsh stated that makes it difficult for the residents to follow. McMillan noted some states legalize marijuana and some states have not Page 19 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 13. SOCIAL HOST ORDINANCE, ORDINANCE NO. 147 (continued) Loftus stated E -cigarettes are another example. Farniok stated the cities that do not have it do not recognize it as a problem but that there are more than a handful of other cities that are considering similar ordinances but have some similar questions. Walsh stated he would like to maybe get 20 people in to talk about it. Farniok noted the ordinance is focused on individuals that are hosting the parties. Farniok stated if the ordinance is passed tonight, the police department will not be enforcing it at graduation parties this summer but that they would like to get the word out that this type of behavior is frowned upon. Levang noted they did discuss this at the Police Commission meeting. Levang stated the cities in attendance were in agreement that this would be helpful in sending the message that we do not tolerate that kind of behavior. Levang stated she would rather have the tool available to the police department than not have the tool. Walsh stated it would be important to educate the public in Orono so they know that this is the law and this is how it works. Farniok stated in his view that message is more important than the ordinance itself. Farniok indicated he want to make this a collaborative effort and get the information out there. Farniok stated he is looking at perhaps enforcing it when school starts back up in the fall or when the college kids come back. Farniok stated he would like to get the information out to the public multiple times a year. Levang stated the information could be included in the next newsletter that will be coming out in September as well as in the spring newsletter. Farniok stated if it is approved tonight, they will need to pick an effective date. Farniok indicated he would like it to go into effect in perhaps 60 days so the information can be provided to the public. Levang stated there could also be a handout for National Night Out. Levang stated she would like to act on it tonight so the information can be disseminated at National Night Out. Walsh stated in his view the Council is moving in the same direction but that he would like to get some feedback from the public. Walsh indicated he personally does not want to approve it tonight. McMillan asked if he has any ideas about feedback. Walsh stated perhaps it could be vetted by the Planning Commission. McMillan stated this would not go before the Planning Commission. Levang noted it was included on the Council agenda for this evening. McMillan stated they could certainly ask the newspaper reporters to write something up. McMillan asked what a realistic time would be to bring this back. Page 20 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. 13. SOCIAL HOST ORDINANCE, ORDINANCE NO. 147 (continued) Walsh stated publishing it in the local newspapers would be the best way. Cornick indicated he would be against tabling it. Levang stated she would also be against tabling it. Mattick stated he has reviewed the draft ordinance and that it is very consistent with what other cities have adopted. Cornick stated during his career he has responded to hundreds of these juvenile drinking parties and that he never saw an adult cited. Cornick stated he would like it to perhaps be expanded to include other substances at a later date. Farniok stated that could be addressed if that starts to become an issue. Cornick stated the true value in the ordinance is not in the prosecution of it but in the fact that it exists. Loftus noted there was a full article in the Laker and Pioneer in 2013 and 2014 about this exact ordinance. Loftus stated even though it has been a while since those articles were in the newspaper, the issues have been percolating for a while now. Walsh stated during the work session he had two people text him about it, which made him pause about it a little bit. Levang moved, Cornick seconded, to adopt ORDINANCE NO. 147, Third Series, an Ordinance Amending the City of Orono Code Adding Section 34-8 Social Host Ordinance. VOTE: Ayes 3, Nays 2, Walsh and Printup Opposed. Farniok asked if the Council has an effective date for implementation of the ordinance. Mattick noted it is effective upon publication. Farniok stated he would like to delay that a little in order to get the information out to the public. Levang stated she would be willing to work on compiling that information with Police Chief Farniok. *14. LICENSES AND PERMITS Garbage and Refuse Collector Licenses 1. Viet Container Corp (d/b/a Veit Disposal Systems) 14000 Veit Place Rogers, MN 55374 Page 21 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 26, 2015 7:00 o'clock p.m. *14. LICENSES AND PERMITS (continued) 2. Randy's Sanitation (d/b/a Randy's Environmental Services) 4351 U.S. Highway 12 Southeast Delano, MN 55328 Blackowiak Disposal, Inc. 1195 Sunnyfield Road North Mound, MN 55364 4. Waste Management 490 Industrial Boulevard Winsted, MN 55395 Levang moved, Printup seconded, to approve the above -listed licenses. VOTE: Ayes 5, Nays 0. *15. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Levang moved, Cornick seconded, to adjourn the Orono City Council meeting at 9:23 p.m. VOTE: Ayes 5, Nays 0. AT ST: e Tiegs, City Clerk _�_a A4 �Q& 4, Lili Tod McMillan, Mayor Page 22 of 22