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HomeMy WebLinkAbout10-26-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 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 Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA McMillan noted the closed meeting will not occur this evening since there is not a full Council. CONSENT AGENDA Item Nos. 7, 8, 9, 15, 16, 17, 18, 20 and 21 were added to the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF OCTOBER 12, 2015 Levang moved, Cornick seconded, to approve the minutes of the Regular City Council meeting of October 12, 2015, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC HEARING -- 7:00 P.M. 3. CERTIFICATION OF DELINQUENT UTILITIES — RESOLUTION NO. 6555 Finance Director Olson stated the City is required to certify to the County all unpaid annual service charges for the septic program, the recycling program, and all delinquent sewer and water accounts of $50.00 or more, to be collected with the following year's taxes. In addition to the outstanding amounts delinquent, eight percent interest and an administrative fee of $25.00 is added to all accounts. The amount to be assessed at this time is $119,882.15. State Statutes require that the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. Mayor McMillan opened the public hearing at 7:07 p.m. There were no public comments. Mayor McMillan closed the public hearing at 7:07 p.m. Page 1 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 3. CERTIFICATION OF DELINQUENT UTILITIES — RESOLUTION NO. 6555 (continued) Walsh moved, Cornick seconded, to adopt RESOLUTION NO. 6555 , a Resolution for the Collection of Delinquent 2015 Water and Sewer Utility Service Charges, Recycling Program Fees, On -Site Sewage Treatment (Septic) Program, Storm Water Charges. VOTE: Ayes 4, Nays 0. 4. CERTIFICATION OF UNPAID SERVICES CHARGES — RESOLUTION NO. 6556 Olson stated the City is required to certify to the County all unpaid service charges to be collected with the following year's taxes. In addition to the outstanding amounts delinquent, eight percent interest and an administrative fee is $25.00 is added to all accounts. At this time the amount to be assessed is $18,576.78 compared to $20,380.24 in 2014. This amount will be decreased by any payments received up to the final payment date of November 25, 2015. State Statutes require that the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. Mayor McMillan opened the public hearing at 7:08 p.m. There were no public comments. Mayor McMillan closed the public hearing at 7:08 p.m. Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6556, a Resolution for the Collection of Delinquent Development and General Service Bills. VOTE: Ayes 4, Nays 0. PRESENTATION 5. JIM GREGORY RESOLUTION FOR 40 YEARS OF SERVICE — RESOLUTION NO. 6554 Mayor McMillan presented a resolution to Jim Gregory recognizing his 40 years of service to the City as a Public Works employee. Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6554, a Resolution of Appreciation to Employee Jim Gregory for his Forty Years of Dedicated Service. VOTE: Ayes 4, Nays 0. 6. FIRE CHIEF JAMES VAN EYLL — LETTER OF SUPPORT Jim Van Eyll, Fire Chief, stated he is looking for a formal letter of support from the Orono City Council to allow the Long Lake Fire Department to submit a grant application to the Fire and Rescue Shared Services Feasibility Study Grant Program. The Long Lake Fire Department, the Loretto Fire Department, Maple Plain Fire Department, and Mound Fire Department are interested in participating in this grant program for 2016. The departments are looking at conducting two studies with the grant money. The first one would be a study on a regional fire training coordinator, which could also include coordination of fire prevention and fire inspections between the four cities. The other study would be a shared staffing study. Page 2 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 6. FIRE CHIEF JAMES VAN EYLL — LETTER OF SUPPORT (continued) Van Eyll indicated he spoke last week with the Fire Marshal's Office about what they were attempting to do and it was suggested they should include the two studies in one grant application. If the funds are available, they will fund both; and if not, they will fund priority number one, which is the study of the regional training coordinator position. Council Member Levang asked how much they are seeking in grant money. Van Eyll stated the grants are capped at $40,000. One grant request is just over $20,000 and the other was just under $35,000. Van Eyll stated both of the requests are all inclusive and would be under the cap. Van Eyll stated there is also a 10 percent match on the grant money, which means they can be reimbursed for their meeting times and data gathering under that 10 percent match. Walsh moved, Cornick seconded, to authorize a letter of support for the Fire and Rescue Shared Services Feasibility Study Grant. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS — LOREN SCHOENZEIT, REPRESENTATIVE Planning Commissioner Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Eleanor Ferril, 240 Wakefield Road, stated she lives on a private road and that they have been experiencing some problems with the road. Ferril stated she would like to read the following letter she wrote to the City: "In October of 2014, she called the City road department and expressed a concern. The edge of the road at the junction of Old Long Lake Road and Wakefield Road showed signs of losing road structure and would only get worse if left unattended. I was interested in where the responsibility laid being that Wakefield Road is a private road. The response was quick to my answering machine that the responsible party was the City of Orono and a repair would be made the next week. The weather became a factor and it did not happen. I expected that the repair would be made in the spring of 2015. Over the summer of 2015, I left messages with the road department but no answer. I literally chased down the head person in the maintenance building who told me he could not find the problem. Now the problem is bigger and two -fold as another hole is opening. We are now looking at spring of 2016. On Wakefield Road, Mediacom has left four cable spools from their installation that was authorized by the City of Orono. I asked Mediacom to pick them up over a month ago. Bill Ferril has since e-mailed the City offices to aid in getting Mediacom. to pick up their materials -- no response and the materials are still there." Ferril stated she would like the problems fixed and information on who she should be contacting for future questions. Ferril distributed a picture of the spools to the City Council. Public Works Director/City Engineer Edwards indicated he will take care of the problem. Page 3 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Resident Jay Nygard, 1386 Rest Point Road, stated it is kind of funny how he was put in jail for a minor BS political reason and that there is no other reason he was put in jail. Nygard stated he has documents showing where two of the Council Members actually had reasons to end up in j ail. They have actually committed real crimes. Nygard stated for those who do not know, he went to jail for having a buried chunk of concrete in his yard which is the reason he is here tonight. Nygard noted City Attorney Mr. Mattick did not have time to get him out of jail without an affidavit but yet has time to do an interview with Fox News. Nygard stated during that news interview, Mr. Mattick had a hard time telling the truth, at least from what he can tell. One of Mr. Mattick's main comments is that jail is not what the City asked for. Nygard stated he has two letters in September alone where Mr. Mattick specifically asked that both he and his wife go to jail for six months for a buried chunk of concrete and that his closing arguments, when they were in front of the judge, was that he and his wife should go to jail for six months. Nygard noted Mr. Mattick asked for jail three times in the month leading up to him being incarcerated. Nygard noted Orono's City Attorney also spoke with the Lakeshore Weekly News in which he said that City officials responded in a prompt manner and that the affidavit was signed Monday and a letter was filed with the court the following day. Nygard stated that is a comical statement because his law firm gave his attorney the runaround all day Monday after they had the inspection done and then he was told that he had to sit in jail because they were not going to do anything until he got back in town. Nygard stated thankfully, due to his lawyer and his wife coming down to City Hall and camping out, they were able to obtain an affidavit that was then given to his lawyer and then the judge. Nygard stated it was not the City Attorney of Orono doing his job rather his family had to do his job in order to get him out of jail for a buried chunk of concrete. Nygard noted the order itself states defendants filed an inspection report as well as the affidavit to Roger Peitso. Nygard stated it does not say the City of Orono filed anything. Nygard commented this is Orono's tax dollars at work and that this is what the City has been spending their time doing. Nygard stated the City has harassed him for five years for going green and that they ended up throwing him in jail for six months for a useless chunk of cement. Nygard stated in his opinion Mayor McMillan is a very, very poor leader, which can be proven by the fact that she had the courage to knock on his door and ask for his vote but not once in five years has she had the courage to talk to him about his issue. Mayor McMillan noted the City did attempt mediation with Mr. Nygard, and that when the lawyers became involved, she was not able to speak to Mr. Nygard. Nygard noted this is his time to address the Council and that he would like to finish. McMillan noted public comments are typically limited to five minutes. Nygard noted Mayor McMillan allowed Mr. Richie Anderson to speak for over 20 minutes a couple of meetings ago. Nygard asked whether the Mayor is going to treat him differently than she has treated other residents. Page 4 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) McMillan noted Mr. Nygard has spoken quite a bit in the past. McMillan stated she would allow Mr. Nygard extra time. Nygard noted the Mayor stated to the Laker and Pioneer that the Nygards have chosen to be in contempt of court. Nygard stated he has never chosen to be in contempt of court and that the City put him there. The Mayor fiuther stated that they still have not chosen to comply and that the issue is not so much about disobeying Orono's Code but instead is showing complete disregard for the District Court's determination. Nygard stated the Mayor made that statement knowing the turbine was off his property, the pole had been removed, and that the footing had been rendered useless with a jackhammer and a saws -all. Nygard stated he does not know how going to that much work is completely disregarding the Court's order and that they are attempting to cover their butt. Nygard stated in his opinion there is a huge lack of experience on this Council. Nygard stated no matter how many years Mayor McMillan has been here, she has a very poor idea of what the Mayor's job is. In addition, the City Attorney did not once bring Minnesota State law from 1995 to the Council showing that people have a right to have a turbine and instead fought him tooth and nail to keep him from overturning the ban. Nygard stated in his view, as he has previously said, this is a very weak mayor and a very weak Council that have plenty of their own problems but obviously have too much time on their hands. Nygard stated the problem is that Mayor McMillan is still being lead around by Former Mayor Gabriel Jabbour and that he is still running the City. Nygard stated Gabriel Jabbour has been running the City since he got out of office in 2000, and that if that was not true, City Staff would not be calling Big Island Gabe Island and allowing him to turn it into his own private resort. Nygard stated this is Orono's tax dollars at work and that this is what they spend their time doing to someone who wants to go green and did comply with the Court's order. Nygard stated the City needs to back off. PLANNING DEPARTMENT REPORT *7. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCE — RESOLUTION NO. 6557 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6557, a Resolution Denying a Variance From Orono Municipal Code Section 78-1279, for the property located at 3185 Casco Circle. VOTE: Ayes 4, Nays 0. *8. #05-3131 GLENDALE COVE LANE — ACCEPTANCE OF PUBLIC ROAD — RESOLUTION NO. 6558 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6558, a Resolution Accepting Glendale Cove Lane as a Public Road and Accepting Public Trail and Sewer, Water and Storm Sewer Improvements in the Glendale Cove Development as Public Facilities. VOTE: Ayes 4, Nays 0. Page 5 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. *9. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND MELISA MULHERAN, 460 ORCHARD PARK ROAD — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6559 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6559, a Resolution Granting Preliminary Plat Approval for Subdivision of the Property Located at 460 Orchard Park Road. VOTE: Ayes 4, Nays 0. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES Michael Steadman, Applicant, was present. Senior Planner Gaaon noted the City Council tabled this application at their October 12 meeting in order for the applicant to explore the potential for eliminating the new cul-de-sac that was proposed and simply extending three individual driveways to serve the three new lots. The applicant has submitted a drawing depicting such a driveway and is attached as Exhibit A. The primary intent of this review is to analyze and compare the alternate plan without a new cul-de-sac incorporating comments from Consulting Engineer Bob Bean, City Engineer Adam Edwards, and Planning Staff. The applicant has submitted additional information earlier today regarding the alternative access that would go through the Jacobs' property. Gaffron stated the applicant can address that in further detail. The original proposed cul-de-sac was for a full cul-de-sac with three individual driveways coming off of it along with an extension of Heritage Lane with the expectation that once the cul-de-sac is built, the two sides of the existing cul-de-sac would no longer be needed. The applicants have now looked at not constructing a full cul-de-sac but rather split it off into three individual driveways serving the three new homes. That revised plan will save a few additional trees. Gaffron noted at the last meeting the neighbors demonstrated that there is not room for a bus to turn around in the existing cul-de-sac. Staff has reviewed the revised proposal and recommends the City Council consider the following: A cul-de-sac is required per City Code when three or more lots are being served. The alternate plan would require a variance, even though the cul-de-sac bubble would be platted. 2. The existing cul-de-sac on Heritage Lane does not meet current City standards. If a new cul-de- sac is not provided with the new development, the existing cul-de-sac should be reconstructed to meet current standards. The existing cul-de-sac is tear -drop shaped and, as was demonstrated by the resident's video, not capable of allowing large vehicle movements without backing up. 3. Expansion of the existing cul-de-sac will have an impact in reducing the neighbors' improved yard areas and possibly their landscaping. Existing driveways will have to be adjusted accordingly. Page 6 of 23 MINUTES OF THE ORONO CITY COUNCIL. MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) 4. Without a cul-de-sac that meets current City standards, emergency and maintenance vehicles may have difficulty accessing the new development and turning around. The proposed layouts should be reviewed by the Fire Department. 5. The "no new cul-de-sac" alternative would not result in any significant change to traffic patterns or views. However, not adding the new cul-de-sac could easily result in sightseers continuing past the existing cul-de-sac and then having to maneuver to exist the site. 6. City maintenance of the public road will be less efficient if the new cul-de-sac is not built. Or, will the City simply not plow past the existing cul-de-sac and expect the three new homeowners to plow not only their own driveways but the added 300 feet to get to the existing cul-de-sac? 7. The alternate plan would result in only 6 —10 less significant trees requiring removal when comparing the two plans side-by-side. The minimal tree savings does not justify the creation of another substandard road, a public one at that, in the City. The amount of hardcover needed to be added is roughly equal in each plan. A full new cul-de-sac coupled with removal of portions of the existing cul-de-sac, is roughly the equivalent in hardcover of simply adding driveways and expanding the existing cul-de-sac to meet code. 9. If no new cul-de-sac is provided, construction traffic during home construction is more likely to spill out onto the existing Heritage Lane cul-de-sac despite the efforts to avoid such activity. The applicant has proposed onsite parking for the construction traffic, which will help keep traffic off of Heritage Lane. 10. City Engineer Edwards recommends that whether a new cul-de-sac is built or the existing one expanded, surmountable concrete curbing should be used rather than asphalt curbing. A suitable transition from existing asphalt curbing to concrete curbing is easily accomplished and asphalt curbing is a maintenance issue. Staff recommends that the original plan to create a new cul-de-sac be approved, accompanied by removal of the excess portions of the existing cul-de-sac. Staff would oppose the alternate plan. If the Council determines that the alternate pian should be followed, Staff recommends that the existing cul-de-sac be brought up to City standard as part of the development improvements and a determination made as to future maintenance of the extended road. Levang asked where the bus would turn around if existing portions of the cul-de-sac are removed. Gaffron indicated it would turn around on the new road that would have the new cul-de-sac. Levang asked if he is suggesting the new cul-de-sac be further in. Gaffron stated Staff is recommending creating a straight stretch of road with the cul-de-sac at the end. Page 7 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) Council Member Walsh stated from a plat standpoint, it makes sense to have the cul-de-sac at the end but that he is not sure if the neighborhood would like to retain the other cul-de-sac. Walsh commented it would be nice to have the extra room in the street because kids sometimes play in a cul-de-sac. Michael Steadman, on behalf of Irwin Jacobs, stated they are interested in doing whatever the City feels is appropriate. Steadman stated if the original cul-de-sac is approved, he would recommend having temporary parking as well. If a bus is attempting to turn around and there are construction vehicles there, that may be an issue. As a result, the Council may want to consider any work to the existing cul-de-sac be done at a later time. McMillan stated there are pros and cons with each option. McMillan asked if there are any neighbors that would like to comment on the application. A resident in the audience noted that Steve Brynes, president of the homeowners association, is out of town and that is why he is not present tonight. The resident stated he is not a member of the homeowners association and cannot speak for them. :McMillan asked how long the driveways will be with the new cul-de-sac. Mark Gronberg, Surveyor, indicated they will be approximately 400 feet long and that there will most likely be circular drives at each of the homes. McMillan stated if the original cul-de-sac is not removed, that is okay, but noted that a cul-de-sac in the middle of the road is not a playground area since there will be traffic going through there. Walsh stated he was not saying it was okay. McMillan stated a few people have made that comment to her and that she just wants to make sure the Council is not promoting that. McMillan stated she is torn with having more bus traffic going northwest in the new cul-de-sac since it might be more impactful to the neighbors but that she can understand why Staff would like the cul-de-sac to end where it does. Levang asked if the applicant's proposal would be that during the construction phrase the existing cul-de- sac would be expanded to handle the bus traffic. Levang asked if that would be a safer alternative. Levang stated currently it is problematic as Mr. Libby demonstrated in his video. Levang asked if they would be expanding that and later removing that. Steadman stated they would be open to that as well, particularly if it creates a safer situation at the end of the cul-de-sac. Walsh stated that underscores the issue with the construction traffic. Walsh noted one of the neighbors on the side of the existing cul-de-sac has a very large old tree and that Mr. Libby has some retaining walls. Page 8 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 2b, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) Walsh stated if the cul-de-sac is expanded, they would be destroying those yards and trees, which the neighbors have some issue with. Walsh stated he does not see that as an option and that it is not a good situation in general. Steadman stated he is willing to work with the neighborhood on landscaping and mitigating any impacts to their properties. Walsh stated once a 6 -foot diameter tree is removed, it is gone. Walsh noted Mr. Libby has had water problems in the past and that he is not sure how the work will impact that. Walsh stated he does not want to exacerbate the problem and that sometimes it is best to leave things as they are. Council Member Cornick asked how the bus negotiates now. Gaffron stated the bus comes up to the cul-de-sac, makes a half turn, backs up, and then goes back out. Edwards stated in his view widening the existing cul-de-sac for a temporary period would not provide any real value. It functions as it functions now and would not necessarily change during construction. Edwards stated with the new cul-de-sac, the City has an opportunity to correct a deficiency on that road for the whole neighborhood, which is to provide the ability for buses and service vehicles to make a full turn without backing up. Edwards stated the trade-off will be that the property owners with the extension will have more traffic but they will not hear the beeping associated with certain vehicles backing up. Edwards noted the City has lots of dead-end streets without cul-de-sacs and they are an issue for maintenance and emergency issues. McMillan stated she sees a lot of trade-offs either way and that if the cul-de-sac to the right is not built, it would be up to the homeowners association to plow to the end of the existing cul-de-sac since there is no way the City would be able to plow that stretch and turn around easily. Walsh stated that makes it even more complicated and could create a situation where no one can get out. Walsh stated he is in favor of what Adam suggested since it seems the only way to really solve that long term for everybody. Levang noted each of the homeowners would have a circular drive and that a service vehicle could turn around. Walsh stated they could also install a gate. McMillan stated a cul-de-sac usually is a place to turn around and that most people would not go down someone's driveway to turn around. McMillan stated the two cul-de-sacs might be confusing but it would provide some extra parking, which could be determined later. McMillan stated she appreciates the applicant exploring the alternatives. McMillan noted there will be some tree loss but that the new cul-de-sac, from an engineering point of view, is very valued. McMillan stated a cul-de-sac tends to be more of an urban design in a Big Woods area. Page 9 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF ]IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (contdnued) McMillan noted the area will all be have sewer so no mound systems will be taking existing trees down. McMillan stated she would appreciate the developer looking at a more sensitive design since it is i� significant stand of Big Woods, and that once a big canopy is opened in a Big Woods, the woods become degraded fairly quickly. McMillan stated if the Council is okay with the new cul-de-sac, Staff could bring the preliminary plat back at their next meeting. Levang stated she would like to hear the neighbors' view of the new cul-de-sac. Levang stated since the HOA president is not here, the Council will have to wait to hear from him. McMillan noted the City still has the original proposal and that she is sensing the Council is leaning towards the new cul-de-sac. Gaffron stated he is looking for direction on whether he should bring back a preliminary plat approval resolution in two weeks and that he is hearing the resolution should include the new cul-de-sac. Cornick asked if that would include removal of the old cul-de-sac. Gaffron stated that can be left for a period of time if the Council chooses. Walsh stated in his view the Council is in agreement with the new cul-de-sac. Walsh asked if the Council should discuss the issue or the desire to have the construction traffic go through the Jacobs' property and the other issues that the developer has agreed to do. Gaffron stated primarily the Council is discussing whether or not the cul-de-sac should be constructed, but the applicant is prepared to have a discussion regarding the potential alternative access through the Jacobs' property. Staff has not had a chance to review the information that was submitted earlier today and that the intent was to concentrate on this specific cul-de-sac. Gaffron stated the resolution for preliminary plat approval would be with Heritage Lane as access unless directed otherwise. Gaffron noted the temporary access was discussed at the last meeting and then the issue of the new cul-de-sac carne up. Walsh stated it sounds like the Council is in agreement from a plat standpoint for the new cul-de-sac but that he is not sure this is the right night to discuss everything else since the president of the homeowners association is not present. McMillan stated she is in favor of utilizing Heritage Lane and that she is not sure if any Council Member has changed their mind since the last meeting. Cornick stated he scanned over the documents and that there is some new information. Cornick stated he would like to hear that and get it into the minutes. Page 10 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) Steadman stated they are proposing construction hours from 8:30 to 4:30, daily street sweeping at the end of the day, providing phone numbers to the residents in case there is an issue, attempting to be proactive ahead of time for when contractors wilt be showing up, and asking contractors who do not follow the rules not to come back. Steadman noted they also provided a tree inventory and the impact to the woods. Steadman stated in their view the arborist did a very thorough job documenting the condition of the Big Woods and the trees. At this point 150 trees would be disturbed and approximately 62 percent of the woods is in good condition. Vernon Swing, Traffic Engineer with Westwood, stated he has been doing traffic studies for approximately 29 years and that he was asked to take a look at the construction traffic impacts associated with bringing construction traffic along Heritage Lane as well as to consider an alternative access route that would come in through the Irwin Jacobs' property. Swing noted his report is in front of the Council but that he will summarize the report. Swing stated to begin with, Heritage Lane is currently 24 feet wide. It begins at its intersection with Shoreline Drive and then traverses back to the cul-de-sac. The 24 -foot wide street is typical for residential type roadways in that the narrower road provides for slower speeds and a safer environment for those who live in the neighborhood. As it exists today, there are occasional lawn service and other service vehicles that will park on the sides of the road further adding traffic calming measures to the traffic traveling through the neighborhood. Swing stated the construction traffic as it is for purposes of building a single-family home is actually quite low. The number of construction related trips that will occur on a daily basis would be approximately 20. The neighborhood currently generates 162 trips, which are extraordinarily low numbers. Swing stated from a traffic operations and a traffic safety perspective, those numbers are negligible and difficult to measure in terms of impact. Swing stated one of the things that was brought to the Council's attention on the video was that school buses will tum right and swing wide into the opposing lane of traffic. Swing indicated he reviewed this using the software that is typically used to design a street and design corners for truck and bus turning maneuvers referred to as Auto -Tums. Swing stated on the overhead is a replica of an Auto -Tum with a school bus and a passenger car coming out of the neighborhood. Swing stated what is key to remember is, when the school bus was turning on the video, there was nobody coming from the opposite direction. As with most people that drive, if there is nobody coming from the opposite direction, the vehicle making the tum does not tum as tightly as they might otherwise. Swing stated a school bus can safely make it around the corner and is bigger than a dump truck or a cement truck. It is approximately the same size of most delivery vehicles of construction materials. At the time houses are to be constructed, it is estimated there will be one truck delivery one week, which will vary sometimes but generally it is estimated at one truck per week. That, along with the 20 trips associated with the construction workers, is a negligible number as far as being able to measure it. Page 22 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) A typical subdivision of this size generates 152 trips a day, with 12 occurring during the morning peak hour, 17 trips occurring in the evening peak hour, and the rest of the day on average will be eight trips in an hour. Swing stated that is just slightly over one trip an hour from the neighborhood traffic either into or out of the area. Swing stated it is a very small number and will not create an unsafe condition. Swing stated when reviewing the alternative route, they found that the road currently is approximately 12 feet wide and is proposed to be approximately12 feet wide going down the hillside in the back. Swing stated the hillside itself is quite problematic due to the very steep drop initially of approximately 20 percent grade for the fust 80 feet. After that it flattens slightly and continues down at about a six percent grade. When a road plan is put together that will carry construction traffic for the few deliveries that are expected per week, the road still has to be designed in a way that the delivery vehicles can get in and out. Most delivery vehicles will have a very difficult time negotiating steep slopes. Swing stated in this case, the design that they will end up with from the driveway turnaround on Mr. Jacobs' property to the new cul-de-sac results in a 12 percent grade, which is a very difficult grade for a truck to go down and brake. It is also a very difficult grade to come up, particularly when the pavement is wet or covered with snow. Swing stated in his view it cannot be designed in a way that can be safe since the trucks will not be able to negotiate that kind of slope safely. Swing stated they further explored the opportunity to access in off of Shoreline Drive, which is a County road. Swing stated they are presuming that would be allowed. In that situation, the vehicles would be in traffic causing other cars on Shoreline Drive to back up, which is an opportunity for a rear -end type collision or other collision. Swing stated by coming in at the driveway entrance on the property, they would be creating an unsafe condition. Swing indicated when they talked to Hennepin County about the opportunity to gain construction access at this location, they were told by the County it would not be allowed because there is a public street that has been improved to allow for construction traffic. Swing stated they would not be able to get a permit for access. In addition, when they looked at the City's Codes for an access road along bluffs and steep slopes within the Shoreland District, they found it is not permitted. Swing stated they have looked at it from the standpoint of engineering, whether access would be allowed, and whether it is allowed per City Code, and the answer in all those cases is that this is not a feasible solution. Levang noted he talked about traffic calming strategies. Levang asked if there are additional traffic calming strategies that could be put into place. Swing stated the developer has proposed a speed limit for construction traffic at 15 miles per hour, which is slower than what the road is posted for. Swing stated he does not know if much calming is needed since it is a narrow street and vehicles are occasionally parked on the sides. Swing stated they could perhaps add barrels at strategic locations to continue to engrain the idea in the driver's head that there is something there to look out for but that he would not suggest putting in speed bumps or something along those lines. Walsh asked if he is saying the alternative road is not feasible or not doable. Page 12 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) Swing stated it is not possible to provide an access that will accomplish what the goal is, which is to bring in construction workers and construction traffic. Swing stated it would not be safe. Walsh asked if there was someone who said otherwise, whether it is not true. Swing stated he is a licensed engineer and has been doing this for 29 years. Swing stated he strongly believes it will not be a safe scenario. Swing stated it is unsafe and should not be done. Walsh stated the part he thought was a little bit disingenuous is that it will not impact the area since there will probably only be 20 construction vehicles. Walsh stated there will probably be at least 20 vehicles coming in and out of Jacobs' property every day. Walsh stated he was wondering if it is an issue of not wanting it to be done or whether it cannot be done. Walsh stated he has heard otherwise and that he is trying to get to the bottom of it. Swing noted traffic coming into the neighborhood off of Shoreline Drive has a right -turn lane, which will take those cars out of through traffic and those vehicles will slow to the appropriate speed to make the turn. When turning into Mr. Jacobs' property, there is not that right turn lane. Vehicles in that case will be slowing down in traffic, which is an enhanced opportunity for some type of collision as people attempt to avoid the car in front of them. McMillan asked if the Council would like to take another vote on the construction road. McMillan noted the Council did vote against it at the last Council meeting. Cornick stated he would like to vote on the cul-de-sac. Stephen Charrier, 1910 Heritage Lane, noted he submitted a note after the last meeting regarding these issues. Charrier stated he has walked the property a number of times and that the discussion has resolved around traffic from the Jacobs' property all the way down to the cul-de-sac. Charrier stated the only real issue is from the Jacobs' driveway and then the first 80 feet. McMillan stated it depends on when the homes will be built. McMillan noted the middle lot could not be built on for ten years. Charrier stated he understands that but that the discussion has centered on the entire length of the road. Charrier stated he does not understand that. Charrier stated if you stand on the property, there appears to be a solution and that the intent of the neighbors has always been to alleviate some of the construction traffic. McMillan noted that would be asking the developer to create a temporary construction access road that already has access off of Heritage Lane. McMillan stated she does not want to build a whole new road and take down 20 or 30 trees and drive on bluffs when the applicant has a legal right to access that property and develop it. Page 13 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) McMillan stated she understands the concerns of the neighborhood and that it will be disruptive, but to ask the applicant to build a temporary road and remove 20 to 30 trees, drive on bluffs for a development that may happen in one year, two years, or ten years, is an unbelievable burden for the developer. McMillan stated the applicant has the right to split off the lots and have access to those lots from a public road. Charrier stated the point is driving all the way down to the cul-de-sac. Charrier pointed out the proposed location of the homes. Charrier stated traffic coming east on Highway 15 by Brackett's Point is considerably slower there and that it would be more difficult to pull out of Heritage Lane than it is to turn out of Jacobs' driveway given the slower traffic and sightlines. Charrier stated in his view those points have been stated. McMillan stated anything that pulls out onto County Road 15 is difficult but that Heritage Road is wider, has a turn lane, and has more room. Charrier noted there are also 17 families on Heritage Lane. Walsh stated the points are well taken. Walsh stated they could take a direct route, which would eliminate the grade issues. Walsh stated that would require the developer to build one home at a time. Walsh stated that would put a little more burden on Jacobs versus the majority of the burden being placed on the 17 or so families. Dennis Libby, 1000 Heritage Lane, stated he has never once mentioned any objection that he has to this development despite the fact that he will have the most immediate negative affect. Libby stated he basically recused himself from representing the homeowners association and since it is in his best interests to speak to his own personal views. Libby stated he does not have any new points to raise other than to comment on the expert's information that was brought forward tonight. Libby stated he is very careful about having empirical data when trying to advise the Council. Libby stated in his view it is necessary for the Council to consider, in contradiction to several comments that were made tonight, that the residents have empirical class data that shows in two separate projects, both adjacent to either side of the Jacobs' property, the construction crews removed various materials in and out onto County Road 15 via a private driveway. On the Burwell project, a private road was constructed from County Road 15 with equivalent equipment that would be coming in and out of Heritage Lane in connection with this project. Libby stated in the process of doing that, there was consistent traffic in and out for a number of months by these heavy pieces of equipment over private driveways. Libby stated in a call to Hennepin County, he was surprised to learn that Hennepin County has very light oversight or governance of construction access when it comes to a private driveway. Libby stated Hennepin County does not have oversight over private driveways. Libby stated it is in contrast to Mr. Gaffron's comments that Hennepin County would deny a turn in/turn out access on a private driveway. Page 14 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) Libby stated it does not take a lot of engineering to make a turn lane and that the residents actually have empirical data concerning ingress and egress on projects that have been done within the same block for the last five years. McMillan asked how he feels about the cul-de-sac. Libby stated he is speaking for himself and that the school bus backing into his driveway five days a week is not a real big inconvenience. Libby stated it did bother him when the City plow came in to plow the cul-de-sac and took out his mail box. Libby noted they are creating a circumstance where the route of a school bus is going to be expanded and extended because they will have to drive to the end of the cul-de-sac. Libby stated as of last Friday, no member of Staff or Council has had a conversation with Orono's Transportation Department and nobody really has a plan about how this is going to work. Libby stated connection to the infrastructure for the sewer and other utilities are going to disrupt the traffic flow of the UPS truck, the school bus, and anything else that comes into the cul-de-sac for a very protracted period of time. Libby stated his neighbor informed him that in 1974 or 1975, the children walked down to County Road 15 and Heritage Lane, which is where they were picked up, which might be the adjustment that needs to be made. McMillan stated the School District will adjust the bus routes every year prior to school starting. Libby noted the other issue is the actual impact of living in an area with a very mature canopy. Once those trees are removed, the residents will experience those intense, hot summer days to a greater extent and their air -conditioners will need to run more. Libby stated that is the reality the residents have to come to grips with. Mark Gronberg stated they are proposing culverts to continue the water through to the stormwater pond and that they do not want to do anything to make the water runoff worse. Gronberg noted Irwin Jacobs' house is 40 feet higher than where the cul-de-sac is and that they will be able to work their way through the woods and save as many trees as possible. Gronberg indicated he has had extensive talks with Steve Groen with Hennepin County and that he has sent an e-mail that has been submitted into the record saying that he would require construction traffic go through Heritage Lane. Mr. Groen has indicated that anytime there is a private street versus a city street, they want the developer to use the city street. Gronberg noted the projects referenced by Mr. Libby did not have a city street they could access. McMillan stated she did look at those properties today on Google Maps and they did not have access to the north. Gronberg stated in the 1963 minutes relating to this property, it was proposed to be graded to the end of the property line, which never was done. Gronberg stated that would have solved a lot of problems if that had been followed through on. Page 25 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE, PRELIMINARY PLAT — REVIEW CUL-DE-SAC ALTERNATIVES (continued) McMillan stated she appreciates the amount of work and money that has spent by the developer in looking at the alternative road. McMillan stated the developer has been very responsive to the concerns of the City and the residents. Steadman stated it should be evident he has been very proactive with the homeowners association. Steadman noted he did have a discussion with Steve Brynes this morning and that there is support for his ideas about the construction traffic and parking. Steadman stated he just wanted to make sure that is on the record as well. Gaffron stated he is looking for direction from the Council on whether or not he should bring a draft preliminary plat resolution to the next meeting. Gaffron noted the resolution will be in draft form and can be revised if the Council so chooses. Cornick moved, Walsh seconded, Application No. 15-3774, Michael Steadman on behalf of Irwin Jacobs, 1700 Shoreline Drive, to direct Staff to prepare a draft resolution approving the original preliminary plat with construction of the new cul-de-sac and the extension of the existing cul-de-sac being optional. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 11. BULK FUEL CONTRACT FOR 2016 Public Works Director/City Engineer Edwards stated this is a proposal to join the State bulk fuel consortium for the purchase of the City's bulk fuel in 2016. The City has purchased fuel in the past by whatever the price of the day was, which changes throughout the year. In 2014, the City worked with the contractor that has the state contract and was able to piggyback on that contract price, which saved the City some money and provided some predictability. In 2015, the Council approved entering into the fuel consortium. However, immediately after the approval, the fixed prices went outside the ranges that were approved by the Council. Edwards stated that actually turned out in the City's benefit that it was not a fixed price since the price of fuel dropped more than what was anticipated. Edwards stated he is again asking for approval to join for 2016 since it gives the City some budget predictability and the City will receive the state price when they purchase the fuel. Edwards noted he is not proposing the City purchase all of its fuel that way but probably 75 percent of it. Walsh noted there is a huge price gap on the diesel prices in 2015 of approximately 25 percent. Walsh stated if that is the difference, he would suggest going with the spot price since otherwise the City would be paying a pretty big premium to get the fixed price. Edwards pointed out that was true for 2015 but in the other years there was not such a gap. Walsh asked if the prices are fixed in January. Page 16 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 11. BULK FUEL CONTRACT FOR 2016 (continued) Edwards said the state would fix the prices in January and then the cities would receive that price in February. Edwards stated the City has to commit to the State by the end of this month in order to receive that price. McMillan stated she thought a couple of years ago they were able to know the price before committing. Edwards stated in 2014, former City Engineer Jesse Struve reached out to the contractor who held the state contract and they allowed Orono to get in. Walsh stated he is comfortable with 70 percent, but that it is difficult to commit to it without a price two months out. Walsh stated if you look at the history of the prices, it appears to be worth it. Levang moved, Cornick seconded, to authorize the City to enter into the State of Minnesota Fuel Consortium, Purchase Program for 2016 (February, 2016 — January, 2017). VOTE: Ayes 4, Nays 0. 12. SANITARY SEWER REHABII.ITATION FOR 2015-2016 Edwards stated every year the City looks at rehabilitating a portion of the City's sanitary sewer. This past summer the Public Works Department went and looked at the City's inspection records and data from the lift stations on the amount of water/sewage that is being moved in certain areas. The Public Works Department has identified three low lying areas that should be done in 2016. Edwards stated he would like to solicit bids for the lining of the areas highlighted on the map. This project will be funded through the Sanitary Sewer Enterprise Fund and a $25,000 grant from MCES. $250,000 was budgeted in the Capital Improvement Plan. Walsh asked how much is in the City's sanitary sewer enterprise fund. Olson stated to his knowledge it is just under $2 million. Walsh noted earlier in the year there was a discussion to place the City's infrastructure on a 3D model. Edwards indicated it would be a 2-dimensional model and that the City has contracted with Bolton & Menk to do that work. Edwards stated it was a verification of the exact locations using the manholes and aligning the pipes. That work is approximately 95 percent completed. Walsh stated that leads into best practices in terms of having the City's infrastructure documented very well. Walsh stated it also helps in soliciting bids and compiling a list of people who bid on city projects. Levang moved, Cornick seconded, to authorize the solicitation of bids for the 2015-2016 sanitary sewer rehabilitation project. VOTE: Ayes 4, Nays 0. Page 17 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 1911�&JaU85KAMIX 01D)a1 Edwards stated the City spent this past year trying to verify the City's infrastructure and that he would like to now take it to the next level and consolidate the data into one place. Edwards stated currently the City's asset records are kept in multiple repositories, including old file cabinets, numerous spreadsheets on different servers, and in the brains of long-term employees. Edwards stated the City has invested considerable monetary resources into the City's services and that the current system is not efficient. Edwards indicated he would like to pull that system into the future by implementing an asset management system. Edwards stated asset management is maintaining a desired level of service for what the City wants their assets to provide at the lowest life cycle cost. Lowest life cycle cost refers to the best appropriate cost for rehabilitating, repairing or replacing an asset. The Public Works Department is looking to implement an asset management system that will (1) allow Staff to monitor, maintain and manage assets; (2) generate work requests and work orders; (3) associate work orders to assets; (4) associate and track labor, materials and equipment costs to assets; (5) spatially map assets in GIS; (6) easily generate the standard and customizable reports; (7) be a simple and mobile interface for ease of employee use. Informal quotes received to date indicate it will cost $25,000 to $30,000 to implement and $7,000 to $10,000 per year for licensing and system maintenance. The implementation of this project will be funded through the Sanitary Sewer, Water, and Storm Water Enterprise Funds and the annual licensing fees would be distributed amongst the operating budgets for streets, water, sewer, storm water, and parks. Edwards stated he is requesting Council approval to obtain formal proposals and then do a final selection in November. Edwards stated he is expecting the system would be implemented in January, with training to take place for six months after that. Cornick asked whether any nearby cities have this system. Edwards stated Waconia, Plymouth, and Golden Valley utilize this system. Walsh stated this is exactly where he wanted the City to head for a while and that this is a very good step in that direction. McMillan asked if the residents would be able to submit something digitally. Edwards stated there is a module that allows that. Cornick asked what it would take to get the system up and running. Edwards stated the architecture of the program would be up and running within a couple of weeks but that it would likely take at least a year for all the data to be inputted and then several years before trends are developed. Levang moved, Walsh seconded, to authorize the Public Works Director to solicit proposals for an asset management system. VOTE: Ayes 4, Nays 0. Page 18 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 14. FOX STREET SURVEY AND ENGINEERING PROPOSAL Edwards noted at the September 28 City Council meeting, the Council authorized engineering and design for the MSA section of Fox Street. The engineering work includes surveying, wetland delineation, project development, design and bidding for improvements to Fox Street between Willow Drive and Broad Road. The cost of the engineering work is not to exceed $53,100 and may be funded from the MSA fund. Levang stated she would prefer to complete Watertown Road and that she is not interested in doing Fox Street. Levang stated the City needs to finish what it started. McMillan stated her biggest concern is to do only one section of Fox Street and not the other given the costs associated with mobilizing and issues with detours. McMillan stated in her view the City should do it all at one time. McMillan noted the City had to do Watertown in phases due to the cost. McMillan stated in her view it is too early on Fox Street and that she would like to do that when the City is ready to do the entire road. McMillan stated she would like to keep Fox Street on the front burner and start looking at it once Watertown Road is completed. McMillan stated the City made a promise to do Watertown, the project has been started, and the City should finish it. McMillan stated she will not deny Fox Street is bad but that the entire stretch needs to be done in one construction season. Walsh stated it is more prioritizing the bad sections of roads and that there are sections of Watertown Road that do not need to be done. Walsh stated that way the worst sections of the roads are done. McMillan noted the Council identified Watertown Road as being a bad road a long time ago and that it was the plan to complete Watertown Road. Walsh stated the Council did not agree to do Phase 11. McMillan stated the Council looked at the entire project and decided to divide it up into two different phases with the idea that Phase 11 would be done following completion of Phase I. McMillan stated when the contractor is mobilizing equipment and closing roads down, it makes more sense to do the whole road rather than different sections of different roads. In addition, when seal coating is being done years later, the contractor can also do the entire road rather than different sections. Walsh stated the City never committed to anything on Watertown Road beyond Phase I. McMillan stated the Council discussed Watertown Road quite a bit before Council Member Walsh came on the Council. Walsh stated the City now has a better pair of eyes to see which roads need to be done. Levang stated she takes issue with that and that she drives both of those streets. Levang stated there is not a piece on Watertown that can be set aside. Levang stated she would like to do Fox Street from beginning to end and that way every citizen on that road then gets equal priority. Levang stated the City has made commitments to address the roads, which is what was done with Watertown, and parsing out one little piece here and there does not make sense. Levang stated she does not want to burden the residents on Fox Street about who should be first. Page 19 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 14. FOX STREET SURVEY AND ENGINEERING PROPOSAL (continued) Walsh commented sometimes poor decisions should be revisited. Levang stated it was not a poor decision. McMillan requested Mr. Walsh be respectful of other people's opinions and thoughts. Walsh stated he is expressing his opinion and that their narratives are the same. McMillan stated they understand Mr. Walsh has a different opinion on the matter but that they are letting him know their thoughts on it. Cornick stated Mr. Walsh has a great idea but that he wishes it was brought up six months ago. Cornick stated in his view it is too late to change after all the other decisions have been made. Walsh moved, Cornick seconded, to approve the Bolton and Menk project development proposal for a fee not to exceed $53,100. VOTE: Ayes 1, Nays 3, McMillan, Levang, and Cornick Opposed. MAYOR/COUNCIL REPORT Walsh stated his heart and condolences go out to Council Member Printup on the passing of his father. Cornick stated he would concur with that. Levang stated the City is enjoying a very wonderful fall and that she would encourage people to use the city parks and trails. Levang noted a number of the parks and walking trails have been rehabbed. McMillan stated she received a letter from the Westonka School District on October 14 to Chief Farniok that she would like to read. The letter reads as follows: "The Westonka School Board honors community members who have donated time and talents supporting Westonka students and teachers. At the Monday, October 12, school board meeting, Superintendent Borg recognized the Chiefs generous contributions to the district: assistance provided for the mock crash conducted by our students before prom. Last spring was very helpful and we also appreciate your input in the lake area Heart Safe Community Initiative. You have been active in collaborating with the school's resource officers and other enforcement agencies and participating in the education of our students concerning fire drills, lockdown drills and other emergency procedures. Your ongoing willingness to meet with our administrative team for safety discussions and training is also very much appreciated. We are grateful for the ownership, for the wellbeing of our students displayed by our local police departments. Your partnership with our district is making a lasting impact on our schools and on our community." McMillan reported the Minnehaha Creek Watershed District had one policy meeting so far related to their Comprehensive Plan and additional meetings will likely be held in February. McMillan stated she would like to sit down with Staff to discuss what they envision for the MCWD's Comprehensive Plan. McMillan noted MCWD's comprehensive plan is due the end of 2017 Page 20 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. (Recess taken from 9:13 p.m. to 9:17 p.m.) CITY ADMINISTRATOR'S REPORT *15. AUTHORIZATION FOR DISPOSAL OF WEAPON Levang moved, Cornick seconded, to authorize Striecher's and/or H&H Sports to purchase weapons from the Orono Police Department and authorize Orono Public Works to destroy guns that have no value. VOTE: Ayes 4, Nays 0. *16. DISPOSAL OF BICYCLES Levang moved, Cornick seconded, to approve the disposal of the bicycles to Re -Cycle, Inc., or WeCan in Mound. VOTE: Ayes 4, Nays 0. *17. DISPOSAL OF FORFEITED VEHICLES Levang moved, Cornick seconded, to dispose of a 1994 Chevy Pickup, VIN#2GCEK19K7R1205875; a 2006 Hyundai sedan, VIN#KMHFC46F96A106451; and a 1991 Honda Civic, VIN#IHGED4666ML046175. VOTE: Ayes 4, Nays 0. *18. DISPOSAL OF UNCLAIMED PROPERTY Levang moved, Cornick seconded, to approve the disposal of the property outlined in Staffls Memorandum dated October 26, 2015, through K -BID or other similar type of public auction. Items that are not sold will be discarded. VOTE: Ayes 4, Nays 0. 19. THIRD QUARTER FINANCIAL REPORT Olson stated as it relates to revenues, the City is going to be at 105 percent of revenues by the end of the year. Licenses and permits are currently at 95.8 percent and are forecasted to exceed 100 percent at the end of the year. Charges for services are at 94.7 percent of budget. The golf course revenue is at 146 percent of budget, which is the first time that has ever happened. Olson stated given where revenues currently are at, the City will finish the year well over 100 percent. Olson noted expenditures are also looking good and are on target for the year. Assessing is currently at 77 percent of budget. This department will finish the year over budget by $6,000, which is 104 percent of budget. The overage is a result of increased building activity and the charges associated with new home construction. Olson noted Hennepin County charges the City an estimated amount at the beginning of the year and then bills the City later the actual amount later in the year. The human services department is at 96.75 percent of budget, but all of the department's annual expenditures have been recorded. The golf course is at 92.52 percent of budget at this point in the year. It will likely finish the year slightly over budget. This overage is more than offset by higher than budgeted revenues with the course showing a profit for the first time since 2000. The special service line is over budget for the year. These expenditures are offset by revenues and reflect the increase in construction activity. The other general fund department budgets are in good shape for this time o the year. The overall expenditure budget is forecast to end the year at 100 percent or less. Page 21 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. 19. THIRD QUARTER FINANCIAL REPORT (continued) Olson stated the third quarter investment listing is also doing fine. The purchase price of the City's current investments total $17,976,045.88. Total interest earned through September is $132,424.90. The current market value of investments is $17,980,709.66, which is $4,663.78 greater than the City's cost. Olson stated overall the General Fund budget is in good shape through the end of June and that revenues are expected to exceed budget while expenditures should finish the year at or below budgeted levels. McMillan stated she would like to thank Staff and all the volunteers for making the golf course a huge success this year. The City Council took no formal action on this item. *20. NON -WAIVER OF TORT LIMITS — RESOLUTION NO. 6560 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6560, a Resolution Making a Selection Not to Waive the Statutory Tort Limits for Liability Insurance Purposes. VOTE: Ayes 4, Nays 0. *21. UNIVERSITY OF MINNESOTA — MN RESUSCITATION CONSORTIUM GRANT Levang moved, Cornick seconded, to accept the $2,000 grant from the University of Minnesota — Resuscitation Consortium. VOTE: Ayes 4, Nays 0. *22. CLAIMS/BELLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. CLOSED MEETING 23. CITY OF ORONO AND THE NYGARDS This item was removed from the agenda. Levang moved, Cornick seconded, to adjourn the Orono City Council meeting at 9:24 p.m. VOTE: Ayes 4, Nays 0. Page 22 of 23 ATTEST 1)gs, City lerk MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. -1 rQ • Lili Tod McMillan, Mayor Page 23 of 23