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HomeMy WebLinkAbout01-25-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 1 of 10    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, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 6, 7, 8, 9, 11, and 13 were added to the Consent Agenda. Levang moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular City Council meeting of January 11, 2016 Levang moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of January 11, 2016, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None PRESENTATION 3. WESTONKA HISTORICAL SOCIETY Pam Meyers reported that the Westonka Historical Society had 3,482 volunteer hours in 2015. The volunteers work had to put together programs and displays for the community. Visitors to the museum for 2015 amounted to 486, with 200 of those visitors being from the Westonka area, 230 visitors from greater Minnesota, 56 visitors from other states, and a couple that were from outside the United States. Meyers noted a list of speakers that appeared at the museum over the past year have been provided to the City Council. The museum hosts a monthly speaker, with the presentations being held at Lake Minnetonka Shores, Presbyterian Homes. Those presentations are also videotaped and included in the museum’s video library. Meyers stated the Westonka Historical Society also has a fundraiser coming up on February 21, with music and refreshments being provided. The fundraiser will be held at Burl Oaks. Meyers indicated she is interested in hearing what Orono would like the Westonka Historical Society to do on behalf of the city. Walsh asked if the 486 is a pretty typical number for a year. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 2 of 10    3. WESTONKA HISTORICAL SOCIETY (continued) Meyers indicated it is very typical and is close to what occurred last year. Meyers noted they have been located at their current setting for the past two years and that the majority of the visits consist of families. Meyers stated the museum is also a destination stop for visitors who would like to see the Tonka Toy collection. Levang asked if the Tonka Toy enthusiasts are linked to the Westonka Historical Society. Meyers indicated they are and that there are websites across the United States that are devoted to Tonka Toys. McMillan asked if the Westonka Historical Society still accepts donations. Meyers indicated they do and that all donations are welcome. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT 4. REPLACEMENT OF TRUCK #426 Public Works Director/City Engineer Edwards stated the Public Works Department would like to replace a 1997 Ford L8000 that has been in service for nearly 20 years. That particular truck is one of the City’s larger plow and dump trucks. There are currently four trucks in the department’s fleet, with one being replaced one last year. Edwards indicated replacement of the other three trucks will be staggered over the coming years. Council Member Walsh asked what process the Public Works Department went through to get other bids in addition to the Boyer Truck. Edwards stated they used the state aid contract and contacted those dealers that were under that contract. Walsh asked if it was already a set price under the state contract. Edwards indicated it was but that the City has the right to add some options. Walsh stated it would be nice to have the current fund balances included in Staff’s memos so the City Council and public have some idea of what is in there. City Administrator Loftus noted the City contributes $240,000 each year to the Improvement Equipment Outlay Fund and that this fund will be in the black for a few years yet. Loftus stated the contribution by the City has not been increased in about 20 years. Walsh moved, Cornick seconded, to approve the replacement of Truck No. 426, a 1997 Ford L8000 with a 2017 Western Star 4700SF with body and plow work to be done by Aspen Equipment. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 3 of 10    5. REPLACEMENT OF STREET SWEEPER #460 Edwards noted the cost of this replacement would come out of the City’s storm water fund and not the Improvement Equipment Outlay Fund since the sweeper prevents pollutants from getting into the City’s storm sewer system. Walsh requested the fund amount also be documented on that item. McMillan asked if this is a different piece of equipment than what the City normally has had. Tim Amundson, Public Works Department, stated the Elgin sweeper is a waterless system which uses water-free dust control that is more environmentally friendly. Some of the advantages to this machine is that it utilizes a dust control fan and maintenance-free filter system that eliminates the use of water for dust control. The waterless system is also able to remove fine particulate matter, including phosphorous. In the past the City has had mechanical sweepers that put down water. Amundson indicated the Public Works Department will also be able to use it in the winter since water is not used and that the City’s MS4 permit requirements will be met with this piece of equipment. Edwards stated the current sweeper has difficulty on the tight narrow streets and has skip zones due to the tight corners. Amundson stated this machine is not as bulky and will be able to maneuver the curves better. The Pelican sweeper is used by a number of other cities in Minnesota. Levang asked what is done with the dirt and debris that is captured. Amundson indicated it is dumped into a dump truck and hauled back to the shop where testing is performed on the debris. From those test samples the Public Works Department estimates how many pounds of total phosphorous have been removed for the City’s MS4 permitting. Council Member Cornick asked if Orono helps other cities with sweeping. Amundson indicated at the present time they do not. Loftus noted the City does have an informal arrangement with the Orono School District to assist with their parking lots periodically in exchange for use of their cherry picker lift. Edwards noted the City’s Improvement Equipment Outlay Fund currently has $1,157,886.98 in it and the stormwater fund has $1,486,993.00 in it. Levang moved, Walsh seconded, to approve the replacement of Sweeper No. 460, a 2005 Elgin Broom Bear, with a 2016 Elgin Pelican Waterless Street Sweeper from MacQueen Equipment using state bid contract pricing. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 4 of 10    *6. BALDUR PARK ROAD REHABILITATION – PAY REQUEST NO. 2 Levang moved, Walsh seconded, to approve Pay Request No. 2 to GMH in the amount of $5,075.41 for the Baldur Park Road Rehabilitation Project. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Edwards reported the Public Works Department had some issues at the Navarre water plant with the pumps that take the water from the treatment plant and push it into the water tower for later distribution. One of the pumps has been fixed and repairs are currently being made on the second pump. Edwards noted Xcel Energy has been moving power lines around in the City, which has impacted some of the residents and has resulted in the Public Works Department coordinating with Xcel on routing power to some of the City’s lift stations. Edwards stated the Public Works Department has been doing tree trimming and removal, removed the big pine at the golf course, and removed a deer stand from Lowry Woods. An open house was held last week for the Watertown Road Phase II project, with four residents being in attendance and some phone calls being received as well. PUBLIC SAFETY REPORT *7. REQUEST TO HIRE FULL-TIME POLICE OFFICER Levang moved, Walsh seconded, to hire Kyle Kirschner a a full-time police officer with a start date of February 16, 2016, at a pay rate of $25.35 (start pay level) and to enroll him in the Police Employees Retirement Association (PERA) Police and Fire Plan. VOTE: Ayes 4, Nays 0. *8. HIRING OF FULL-TIME COMMUNITY SERVICE OFFICER (CSO) Levang moved, Walsh seconded, to approve the hiring of Mike Wocken to the position of full-time community service officer effective February 8, 2016, with a starting wage of $15.40 per hour (Grade 1 – start pay level). VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT – DENISE LESKINEN, REPRESENTATIVE *9. #15-3791 JOSEPHINE CARPENTER, 480 RUSSELL AVENUE – COMPREHENSIVE PLAN AMENDMENT – MUSA BOUNDARY Levang moved, Walsh seconded, to adopt RESOLUTION NO. , a Resolution Approving Amendment No. 3 of the 2008-2030 City of Orono Community Management Plan. VOTE: Ayes 4, Nays 0. 10. #15-3795 SOUTHVIEW DESIGN ON BEHALF OF ROBERT AND BETH SCHNELL, 1130 OLD CRYSTAL BAY ROAD SOUTH – VARIANCES Tim Johnson, Southview Design, was present. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 5 of 10    10. #15-3795 SOUTHVIEW DESIGN ON BEHALF OF ROBERT AND BETH SCHNELL, 1130 OLD CRYSTAL BAY ROAD SOUTH – VARIANCES (continued) City Planner Curtis stated the applicant is requesting variances in order to construct a pool, pool patio, deck, pergola, and lake access stairs on the south side of the home lakeward of the average lakeshore setback and the 150-foot setback from French Lake. The applicant’s current plan results in a pool patio design which now meets the 75-foot setback at the Planning Commission’s direction. However, a portion of the proposed stair and wall as well as a stepping stone walkway are within the 75-foot area. Stairs are a permitted hardcover encroachment within that zone. A corner of the pool encroaches as close as six feet to the new dining deck that will be extended. A variance to allow less than a 10-foot separation between the structures is needed. Curtis stated the plan results in the need for the following variances: an average lakeshore setback variance, which is based on the property to the north; a lake setback variance to allow structure within the 150-foot setback of French Lake, which is a natural environment lake; the 75-foot zone hardcover variance to permit the stepping stones as shown on the plan; and the structure-to-structure setback variance for the encroachment to the deck. At its January meeting, the Planning Commission voted 5-1 to approve the revised plan. The dissenting commissioner was opposed to the stepping stones. Staff recommends approval of the variances with the exception of the stepping stones. The applicant has submitted an updated survey and updated hardcover numbers. The City Council should direct Staff to draft a resolution reflecting their decision. Tim Johnson, Southview Design, stated they are in the final stages of this project’s review and that some of the questions brought up last week during the Planning Commission meeting were more specifically around the back stepping stones. Johnson indicated it is their understanding the steps are allowed to access the lake area. The stepping stones that are in question are located in the area near the deck by the pool area and the lowest staircase. Johnson noted the stepping stone walkway is not a constructed hardscape walkway per se and no excavation will be performed. The goal is to have a more informal approach with the stepping stones that will be set into the landscape. This will allow moisture and runoff to go into the ground rather than running off. Johnson stated the other option is to have stairs go through the whole area but that they are trying to be sensitive to the current grade. Johnson stated with the plan as it is currently proposed, the steps come down to meet the existing grade, with the stepping stones being at more of a level surface, and then having the staircase as the grade gets too steep to walk on. Johnson stated some of the concerns raised by the Planning Commission were around not having stepping stones and the ground becoming compacted from people walking in that area. McMillan stated she appreciates the changes that have been made from the original plan. Johnson stated this property is a very challenging site with the 75-foot line going through the middle of the house. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 6 of 10    10. #15-3795 SOUTHVIEW DESIGN ON BEHALF OF ROBERT AND BETH SCHNELL, 1130 OLD CRYSTAL BAY ROAD SOUTH – VARIANCES (continued) McMillan stated the City has historically been very strict in the 0-75 foot zone, and while stepping stones may not seem to be that big of a deal, the City has been very consistent about not allowing them if they are really not needed. Johnson stated if they extend the staircase out, they would be looking at an additional 90 square feet of hardcover versus 50 square feet for the stepping stones. Johnson stated they understand and appreciate the sensitivity of having hardcover within the 75-foot area but that they are attempting to create a safe path so people do not have to walk on uneven ground and without increasing the amount of hardcover even more. Johnson noted the updated survey shows the hardcover at 4.09 percent in that area and that the impact is pretty minimal and is not what someone normally sees around the area. Walsh asked if they can really put stairs through that area. Curtis indicated they would be able to modify the grade by less than 50 cubic yards within the 75-foot setback and construct a stair to achieve access to the lake. McMillan noted there is not open water down there and that the stairs are to access the back yard. Walsh commented that it seems like a reasonable solution. Johnson stated if stairs are put in there, the grade would need to be modified significantly and that they would have to bring in a fair amount of fill. Walsh stated the City is pretty tough on the 75-foot zone but that this seems like a pretty good solution. Council Member Levang asked how big the stair section near the water is. Johnson indicated it is approximately 20 square feet consisting of five stairs. Levang asked if that area is pretty steep. Johnson stated they are looking at a 2.5 foot grade change in that area. The goal with the stepping stones leading up to the pool and the other area was to keep the existing grades. Johnson stated the ground becomes relatively steep in a short distance. Johnson noted they are also following the grade of the house to avoid filling in that area. Levang stated she is not opposed to grass being there. McMillan commented it might be difficult to grow grass in that area. Johnson stated the stepping stones are located in a landscaped area and that their goal is to use more native materials versus turf. McMillan stated she always thinks of stepping stones as being in moss or grass and set in ground cover. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 7 of 10    10. #15-3795 SOUTHVIEW DESIGN ON BEHALF OF ROBERT AND BETH SCHNELL, 1130 OLD CRYSTAL BAY ROAD SOUTH – VARIANCES (continued) Johnson stated there will be plantings mixed in with the stepping stones. Johnson stated the goal is to not have much mowing in that lower area. Walsh moved to direct Staff to draft an Approval Resolution for Application No. 15-3795, Southview Design on behalf of Robert and Beth Schnell, 1130 Old Crystal Bay Road South, granting of variances, with the stepping stones being allowed. Motion failed due to the lack of a second. Cornick moved, Levang seconded, to draft an approval resolution for Application No. 15-3795, Southview Design on behalf of Robert and Beth Schnell, 1130 Old Crystal Bay Road South, granting of variances, with the stepping stones not being allowed. VOTE: Ayes 3, Nays 1, Walsh Opposed. *11. #15-3770/16-3797 MULHERAN, ET AL, 460 ORCHARD PARK ROAD, PLAT OF ORCHARD FARMS – AMEND DEVELOPMENT AGREEMENT Levang moved, Walsh seconded, to authorize amendment of the Orchard Farms Development Contract by reducing the required letter of credit amount to $103,458.75. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Walsh stated he attended the January Planning Commission meeting and that they did a good job vetting the applications. Levang reported she attended the Northwest Hennepin League of Minnesota meeting last week, which is an organization of 14 cities in northwest Hennepin. Each city presented their state of the city. Levang stated it was very interesting to hear what other cities are doing related to growth and how they administer their cities. McMillan reported she attended a meeting with the city administrator with representatives from Spring Park and Minnetonka Beach updating them on the police contract. The Minnetonka Beach mayor was not able to attend and another meeting will likely be scheduled. CITY ADMINISTRATOR’S REPORT 12. GENERAL FUND BUDGET INFORMATION Finance Director Olson stated before the City Council tonight are the 4th quarter General Fund summaries. The summaries represent revenues and expenditures incurred through December 31. Olson noted the City just received notice of its final tax distribution from Hennepin County this morning and that he approximated it at $35,000 in the report. There is also $115,000 worth of expenditures that will be approved tonight that were incurred in 2015. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 8 of 10    12. GENERAL FUND BUDGET INFORMATION (continued) Olson stated it is not anticipated that the amounts included in the report will change significantly prior to the closing of the year. Current projections have revenues at 104.43 percent of budget and expenditures at 95.4 percent of budget. In net dollars, revenues are projected to exceed expenditures by $684,817. Olson stated one of the big reasons the City is over budget on revenues is due to the amount of new construction and remodeling that is happening within the City. The building permit line came in at $416,173 over what was anticipated and is 122.4 percent of budget or $120,130 higher than in 2014. Other governmental revenues finished the year at 118.3 percent of budget. A major portion of the overage is the result of higher than anticipated police state aid. That money comes from a surcharge that is included on a person’s car insurance. Charges for service were at 105 percent of budget. The primary reason for this overage is due to the construction related revenue lines, including pass-through charges, which were all over 100 percent of budget and add up to approximately $120,000. Other minor categories that were over 100 percent of budget include other miscellaneous and the golf course. Olson noted the building permit revenues came in at $415,000, which is almost double from 2010. Loftus noted the City issued 1,754 permits in 2015, which is up 11 percent from 2014. Zoning applications were around the same as 2014 at 80, but the City issued 63 permits for new homes, which is a 47 percent increase over 2014. Loftus stated Staff increased the City’s permit revenue budget by 13 percent in an attempt to keep up with the additional building activity and still remain conservative. Loftus stated the City experienced a big increase in percentages for new home construction, which makes for a very busy planning department. Olson stated the City can expect the increase in building activity to last for a few more years but that it should decrease after that since the City is running out of land for new development. Olson stated as it relates to expenditures, three departments are over budget. The assessing budget is over budget due to an increase from Hennepin County that was not totally anticipated, the golf course is over budget, and the planning department is over due to an increase in the amount of construction activity, which resulted in the expenditures also being increased beyond what was originally anticipated. All other departments were either at or below budgeted amounts. Olson noted at the end of the year the City had $20,000,000 invested, with the majority of it being invested in CDs. The City’s investments earned a total of $173,123.41 in 2015. This compares to $154,795.97 in 2014. Interest earnings are allocated to each fund based on monthly fund balances. The City currently has $3.9 million in its operating budget. Olson stated budget adjustments for the departments that are over budget will be prepared for the Council’s approval at the February 8 meeting. The overall expenditure budget will not be increased and the increases to the individual department budgets will be offset by budget reductions to other departmental budgets. Cornick asked what happened to the Drug Task Force money in 2015. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 9 of 10    12. GENERAL FUND BUDGET INFORMATION (continued) Olson indicated the City did not receive any distribution in 2015 and likely will not receive any in 2016, which is why that line item has been removed from the 2016 budget. Olson stated to his understanding the federal government has been turning that money more over to the state and the state is becoming more restrictive on what money the individual cities will received. Olson noted some funds are still working their way through the system so the City will receive some but it should not be much. McMillan stated she would like to know what the City’s General Fund balances are compared to expenditures. Olson stated it likely is over 50 percent, but that he can calculate that number and provide it to the Council. McMillan stated she knows the City used some of the money in the General Fund to help pay for some road improvements. Loftus stated currently revenues are expected to exceed the expenditures by approximately $684,000. Loftus noted Staff will be asking the Council in the next couple of months where they would like that money allocated. If the Council elects not to do anything with that money, it would automatically go into the Community Investment Fund. Walsh noted the City is required to keep 45 percent in reserves but that the City attempts to keep it at 50 percent. McMillan asked how building permits are going in 2016. Community Development Director Barnhart stated he would be able to provide that information at the next meeting. Senior Planner Gaffron indicated they have issued three or four building permits for Lakeview so far and that the developer has indicated they would like to do half a dozen over the winter. Levang stated she heard that eight lots have been sold so far. The City Council took no formal action on this item. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus stated the City Council meetings had approximately 2,600 visitors in 2015. The average viewership per video was 217. The overall viewership ranged from 30 to 364 viewers depending on the meeting. Loftus noted the City is no longer the location for people to file their homestead paperwork and that those should now be filed with Hennepin County. Loftus stated the City will still accept homesteads but that Staff will be forwarding them to the County. Hennepin County is in the process of moving to a completely online system. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 25, 2016 7:00 o’clock p.m. _____________________________________________________________________________________   Page 10 of 10    CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus stated Council Member Printup asked her to report that he attended the 3-year anniversary celebration held at El Parian in Long Lake. Printup indicated the food and staff were great and that he wanted to congratulate El Parian on their success. *13. 2016 PAY EQUITY REPORT Levang moved, Walsh seconded, to approve the City’s Pay Equity Report. VOTE: Ayes 4, Nays 0. *14. CLAIMS/BILLS Levang moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT City Attorney Mattick reported he recently attended a meeting with several city attorneys and members from the MN League of MN Cities to discuss the upcoming legislative session. Mattick stated they are not anticipating any major legislation to be passed during this session that the cities will need to track prior to passage. Mattick stated for the most part people are anticipating the 2016 legislative session to be short and uneventful. ADJOURNMENT Levang moved, Walsh seconded, to adjourn the Orono City Council meeting at 7:56 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor