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HomeMy WebLinkAbout05-24-2021 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 24,2021 6:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh,City Council Members Victoria Seals,Matt Johnson,Aaron Printup.Council Member Richard Crosby, III, and was absent. Representing Staff were Public Works Director/City Engineer/City Administrator Adam Edwards,Finance Director Ron Olson, Community Development Director Jeremy Barnhart. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. MEETING MINUTES OF MAY 10,2021 2. COUNCIL WORK SESSION MINUTES OF MAY 10,2021 3. CLAIMS/BILLS 4.APPROVAL OF GARBAGE HAULER LICENSES 5.APPROVAL OF TRANSIENT MERCHANT LICENSE-RENAISSANCE FIREWORKS 6.APPROVAL TO ACCEPT DONATION 7.2021 SEWER REHABILITATION AWARD(21-014) 8.2022 STREETS MAINTENANCE PLANNING AND ENGINEERING 9. PUBLIC WORKS SUPERINTENDENT APPOINTMENT 10. POSITION DESCRIPTION UPDATES AND SCORES 11.WEST LAFAYETTE ROAD AGREEMENT 12. LA21-000026-JALIN DESIGN,LLC. O/B/O TIM HOLLAND, 1395 ORONO LANE, VARIANCES 13. FOX ISLAND RELEASE OF DEVELOPMENT AGREEMENT Printup moved,Johnson seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS There were no public comments. FINANCE DIRECTOR REPORT Olson noted the auditors were there the previous week,they finished the audit, and were happy with the way things went. Auditors did not anticipate any significant items when they report to the Council.The department will dive into the budget in the next week. Page 1 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 24,2021 6:00 o'clock p.m. COMMUNITY DEVELOPMENT REPORT 14. LA21-000040 TEXT AMENDMENT RELATED TO DOCK LICENSES AND BIG ISLAND Barnhart said based on the Council's direction from the previous meeting, Staff proposes some changes to an existing dock license regulation within the City Code which allows for the City to issue dock licenses initially intended for Crystal Bay Road and those four lots. The proposed changes would allow the City to issue licenses on the Big Island right-of-way areas.The draft ordinance introduces special terms and conditions for docks on Big Island as directed by the Council and also identifies the seven dock sites, which in the right-of-way terminate in the ordinary high water line.The draft ordinance also includes provisions that the dock complies with Lake Minnetonka Conservation District(LMCD)regulations and that the docks do not extend more than 24 feet from the ordinary high water line. It also establishes a one- year term for Big Island docks and allows the Council to review the license every year. Staff recommends the City install the docks in the right-of-way rather than relying on the private properties;that way the City can manage the system a bit better.LMCD has not reviewed the draft ordinance yet. He is looking for feedback from the Council on changes or rewrites. Johnson is not supportive of having the City own the dock. Lines 39-41 of the draft ordinance it says the City has identified seven lake accesses on Big Island.He is amenable to using any of those seven but thought the Council had it limited to one location. Walsh said yes,and maybe another location. Johnson said on Line 85-86 there is a 10 foot setback requirement from the property lines or another dock as they did on Crystal Bay because they did not want them too close together.There is a provision that the setback requirement to a neighbor dock license shall not apply to the dock licenses issued on Big Island. He does not think they need to add it because if they want to maintain that distance if they are able. Barnhart noted that may be a challenge because some of the right-of-ways may be too narrow to afford the 25 foot width. Edwards stated one right-of-way is 18 feet wide. Johnson thinks those sites would bump into the LMCD requirement of 10 feet on each side. Walsh thinks the LMCD would supersede anything in the ordinance so he they do not need that language in there. Johnson agrees they can strike it.The LMCD will have to approve the dock position in the end. Lines 113-115 talk about the expiration;Johnson said it is not automatically renewed,and asked if that is correct. Barnhart replied that is true. Johnson did not see language about selecting the location and how they would determine preferences. Barnhart thinks they would want it-if not in the Code-at least in the license agreement. Page 2 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 24,2021 6:00 o'clock p.m. 14. LA21-000040 TEXT AMENDMENT RELATED TO DOCK LICENSES AND BIG ISLAND— Continued Johnson thinks it is probably a first-come, first-serve but one can probably maintain the position once they"got"it. He thinks they can leave the draft ordinance a bit more benign and have the actual dock license site agreement more specific. Then when they are signing on the agreement,the resident cannot say they did not know the Code and the City can have a Big Island version and Crystal Bay version. He clarified they could simplify the amendment in the Code and complicate the application for the specific site. Walsh agrees the first-come, first-serve is appropriate and if a person had it the previous year,they have a certain amount of time to file and if they do not it is open to whomever is first or second after that. Barnhart put a draft in the license agreement for discussion purposes and tried to tailor it a bit differently; he can keep going with that. After talking with Staff,Walsh thinks it may be appropriate to have the City put the dock in so they do not have issues over people fighting over who owns the dock,who puts it in,and who takes it out.He suggested having it be a City dock to eliminate the ownership issue and who does what. Edwards said he, Barnhart,and Attorney Mattick noted that they already have a model for docks on City lake access right-of-way.Big Island is a bit more challenging getting docks in and out, but they are out there for the Park anyway, so there might be some benefit and simplification to it being a City owned dock on a City owned right-of-way. It is easier than the City being the middle man in a dispute that may arise from a neighboring property and a private dock on a City lake access. Walsh clarified it makes it more controlled; it costs the City a bit of money and time but he is open to that. Edwards said they would license the "spot"or slip on the side of the dock. Johnson said some areas are more traversable and accessible so leaving it up to the inland owners on which one they wanted to use was a conversation the Council had. He noted the City is not going to maintain those roads or trails, so if the City provides the dock are they available to residents? If it is a City dock can anyone use it? Seals thought it would follow Mound's model: it is a public dock but one does not have full public rights to it, it is a slip. Johnson noted Mound fire lanes and Minnetonka Beach fire lanes are not City-owned docks. Walsh said the City has the choice of who has access and he thinks they have the ability to license it to two users,although Attorney Mattick is not present to verify. Johnson said in that case the fee schedule should be adjusted because this should not cost a single Orono resident a penny. The cost of the dock,transportation to and from,the City is not providing marina services. He saw a comment from the applicant who wants to go deeper. If the City wants to stick with 24 foot docks,they are not in the business of servicing, or moving the dock out a little deeper. This is not a Page 3 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 24,2021 6:00 o'clock p.m. 14. LA21-000040 TEXT AMENDMENT RELATED TO DOCK LICENSES AND BIG ISLAND— Continued marina but is a right to access. Short of just having to moor a boat or anchor it in open water, this is an opportunity tie up to something. Walsh agreed that is a good point, it should not cost the taxpayers any money to subsidize that. He does not think the City can charge the entire dock to someone. Johnson said no,but with a depreciation schedule. Walsh noted maybe it will not be$350 but$1,000 for each one. Johnson stated they should get the bids on docks because the other City docks are roll-ins and they may not be able to use those on the island. He also suggested bids on transportation of the dock in and out. Printup asked about storage of the docks. Edwards replied the City could either store the docks right there on the property or get a quote for them to be stored off-site. The advantage to storing on site is cheaper and the City controls the lake access.The disadvantage is just like with the Big Island Park docks it opens them up to winter vandalism. Seals noted at an earlier meeting the neighbors said they did not want the docks stored there because historically it has not been a good situation. She thinks they need to pull the dock and not store it there. Walsh said one is a swamp and is not a good place to put a dock.Another is up on a hill and is dry so that may be a possibility. Johnson thinks it behooves the City to remove the docks for the safety of their asset. Edwards clarified he was not proposing the City buy seven docks for seven lake accesses,but perhaps they purchase one right now. Walsh agreed and said if there is more demand they can always revisit docks for other areas. Seals said even one dock is a sizable cost. Johnson asked how much the roll-in docks cost the City. Edwards replied the most recent roll-in dock at Lydiard Beach Park was 52 feet and cost$6,800. They depreciate existing docks 15 years. Walsh said they can revisit numbers,adjust some of the language and keep it very benign for the agreement and be more site-specific on the license so there is a model to work with. Printup agreed with the license agreement having the"teeth"it protects the residents. Page 4 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 24,2021 6:00 o'clock p.m. 14. LA21-000040 TEXT AMENDMENT RELATED TO DOCK LICENSES AND BIG ISLAND— Continued Walsh noted this is feedback so there is not a public hearing;The Council did receive Judson's dissertation and appreciates that, and the Attorney has all that information. In other matters, Barnhart is working through a number of Code enforcement issues. The Council will see several final plats soon for Orono Crossing,Orchard Creek, and 2060 Wayzata Blvd. They received the first invoice from MnSpect. Seals asked if there was any resolution regarding the resident complaint about short-term rentals on the Big Island property advertised on VRBO. Barnhart did see that and sent a letter of the rules and requirements. He saw on the listing the minimum term was 30 days which is allowable by Code. Seals thinks they had a work around,she noted a resident sent her a screenshot of the listing and that they are doing short-term rentals,so she sent it to Barnhart. The resident said it was shorter than 30 days but the City needs to have proof. She saw another listing in Orono on Casco. Barnhart said the City reacted to that one, also. That is a unique one because the owner lives in the home and is renting two bedrooms so they fall under the clause. That owner came in to get a rental license and met all the requirements. CITY ATTORNEY REPORT None. CITY ADMINISTRATOR/CITY ENGINEER REPORT 15. PROVISION OF PUBLIC WORKS SERVICE TO THE CITY OF SPRING PARK BY THE CITY OF ORONO Edwards updated the Council, asked for guidance,and to ask approval to move forward. The City has gone back and forth with Spring Park over the years; Spring Park first reached out in December 2019 to explore the possibility of Orono providing Public Works service. In Spring/Summer 2020 it was brought to the Council in a work session and they have since worked with Spring Park on different versions. At one point Spring Park voted 3-2 to reject Orono's offer but at the most recent Council meeting they voted 3-2 to accept the offer with some provisions.Two things the Spring Park City Administrator relayed were 1)a provision to provide the Spring Park logo on the vehicles the City uses to provide support and 2) provision allowing for review of the cost after one year. Edwards said the second may be possible but his concerns are, if and when the City enters in to this contract, it should be a longer-term contract and Orono will have to hire at least one full-time maintenance worker—they do not want a contract ended shortly after they hire. Walsh asked what Spring Park has proposed for a term. Edwards replied they have not but he mentioned in previous negotiations he would be looking at a 5 year term, or perhaps 3-5 years. They could do some kind of audit or provision at the end of the first year to Page 5 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 24,2021 6:00 o'clock p.m. look at the cost but they will need to put some language in that would protect Orono from termination of the contract at that point. Walsh would follow Edwards' recommendation. Johnson thinks the only way the Orono contract would be more expensive than what Spring Park is currently doing is if they are not actually capturing all of their costs. Edwards began drawing up some provisions for a contract and used an escalator based off the union contract cost-of-living increases. He is also asking permission to begin the recruiting process for a Public Works Maintenance Worker which would be needed. He proposes starting the process but not hiring until they have the contract. In other projects, Edwards noted things are happening all over the City. They changed the last couple of valves in the Navarre area so those businesses will not have water shutoffs in the mornings. They are progressing with the pavement work in that area.The Walters Port and Water Main project and Tonka Force Main project are also progressing,although a little slower than they thought. With today's award of the Sanitary Sewer Rehab project, it closes out the big project approvals and now it is about execution. MAYOR/COUNCIL REPORT Seals noted lots of really good feedback on the Bederwood Park multi-use field. She believes the grand opening will be June 4 at 6:00 p.m. The United Soccer Club have committed to come and there will be a scrimmage. Printup had nothing to report. Johnson congratulated D.J.and noted he really likes it when the City promotes from within;there is lots of value in that and bringing up good employees through the ranks to fill their positions. Regarding the Navarre project of connecting the parking lot to the trail, he received inquiries of people who were surprised that it was completely shut down. Edwards stated the original plan the contractor pitched was that it would be an initial shut down,they would shift lanes, and then there would be intermittent shut downs. Somewhere in there,he believes they convinced the County to allow them to shut it down during the work week and open on the weekend.The shutdown should be just about finished. Walsh noted they have been working on that project for 6-7 years and it is multi jurisdictional with Three Rivers,Hennepin County, and it was complicated. He shared about his family and noted they have the boat out and there is green stuff in the water in certain areas. With the warmth, it will start popping up; hopefully between the LMCD and the Lake Minnetonka Association(LMA)they will handle that. He asked Richie Anderson if he has the Crystal Bay LID(Lake Improvement District)done. Anderson had a Zoom meeting with the mayor of Minnetonka Beach and presented their idea; she said she would canvass neighbors and clientele to see if they were on board. There have already been 13 people sign the petition and Minnetonka Beach came back with reasons why they cannot do it. The homeowners and citizenry are doing the Aquatic Invasive Species(AIS),not the LMCD. He noted Minnetonka Beach has an AIS which is flowering rush;the LMCD did not do anything about flowering rush which can be very invasive. He stated"we did their shoreline"for the City of Minnetonka Beach. Page 6 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 24,2021 6:00 o'clock p.m. MAYOR/COUNCIL REPORT—Continued They went around the corner at Huntington Point and did all the flowering rush as a citizenry project with the LMA. He thinks they should pay their fair share. Johnson asked what the City of Orono paid for AIS last year. Anderson said they paid$11,900 and Minnetonka paid$15,000. Last year's AIS budget collected from all cities was $80,000 and they spent less than$5,000. The Council thanked Anderson for his work and said great job. ADJOURNMENT Seals moved,Johnson seconded,to adjourn the meeting at 6:47 p.m.VOTE: Ayes 4,Nays 0. AT ST: 002_ Anna Carlson, City Clerk Dennis Walsh, Mayor Page 7 of 7