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Home My WebLink About04-26-2010 Council Packet Agenda for Council Meeting Set for Monday, April 26, 2010, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Consent Agenda 1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of April 12, 2010 * 3. Council Work Session of April 13, 2010 Presentation – 7:00 p.m. 4. Westonka Schools Update – Kevin Borg, Superintendent 5. Recap of FBI National Academy – Police Chief Correy Farniok Planning Commission Comments – Denise Leskinen, Representative Public Comments – (Limit 5 Minutes Per Person) Planning Department Report * 6. #10-3462 City of Orono, Changes to Zoning Code Section 78-1455 (Election Signs) – Ordinance 7. Orono 2010-2030 Comprehensive Plan Update – Preliminary Approval – Resolution Mayor/Council Report City Engineer’s Report 8. 2011 State Aid Road CIP Discussion 9. Lift Station 12 Reactivation City Administrator's Report 10. National Night Out – Resolution 11. Year to Date General Fund Budget Information City Attorney's Report 12. Code Enforcement * 13. Licenses & Permits Agenda for Council Meeting Set for Monday, April 26, 2010, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us * 14. Bills Upcoming Issues and Events 2010 04/24 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m. 04/26 – Council Meeting, Monday, 7:00 p.m. 04/27 – Council Work Session, Tuesday, 6:30 p.m. 05/01 – Spring Cleanup Day, Construction Debris Only, Saturday, 8:00 a.m.-2:00 p.m. 05/05 – Planning Commission Work Session, Wednesday, 5:30 p.m. 05/10 – Council Meeting, Monday, 7:00 p.m. 05/11 – Council Work Session, Tuesday, 6:30 p.m. 05/14 – Leaf and Grass Disposal, Friday, 9:00 a.m.-3:00 p.m. 05/15 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m. 05/17 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Cynthia Bremer) 05/21 – Leaf and Grass Disposal, Friday, 9:00 a.m.-3:00 p.m. 05/22 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m. 05/24 – Council Meeting, Monday, 7:00 p.m. 05/25 – Council Work Session, Tuesday, 6:30 p.m. 05/28 – Spring Photo Contest Deadline 05/28 – Leaf and Grass Disposal, Friday, 9:00 a.m.-3:00 p.m. 05/29 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m. 05/31 – HOLIDAY-Observance of Memorial Day MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 1 of 15 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members Jim Murphy, Lili McMillan, Cynthia Bremer, and Doug Franchot. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator of Long-Term Strategic Planning Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor James White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 8 through 12 were added to the Consent Agenda. Murphy moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF MARCH 22, 2010 Murphy moved, Bremer seconded, to approve the minutes of the March 22, 2010, Orono City Council meeting as submitted. VOTE: Ayes 5, Nays 0. JOINT MEETING WITH LONG LAKE COUNCIL 3. HIGHWAY 12 TURNBACK PROCESS – James Grube, Hennepin County Department of Transportation James Grube, Hennepin County Department of Transportation, addressed the audience regarding the Highway 12 turnback process. Grube reported that Highway 12 will soon be called County State Aid Highway 112 and that the section of the new road between County Road 6 and Wayzata Boulevard will be on the rolls to be eligible for use of the state gas tax, which is a combination of gas tax, license tab fees, sales tax on vehicles, and vehicle rental. What it means to be a county state aid highway is that in 2010, the MN Department of Transportation will be effectively giving Highway 12 over to Hennepin County. MnDOT has been in discussions with the Cities of Long Lake and Orono for a number of years concerning the New Highway 12. While MnDOT was not heavily involved in the construction of the highway, the overall design process was generally under the control of MnDOT. In addition, MnDOT performed the recent overlay on the Old Highway 12 and other minor safety issues. Once Hennepin County takes over control of the road, the county will assume the responsibility to plow the highway as well as other maintenance issues. Grube stated the vision and future of Old Highway 12 involves the opportunity by the two cities to make some decisions regarding the road. As a county state aid highway, that will provide access to special set-aside state aid money called turnback funds. Orono and Long Lake will be able to access those funds for a period of 15 Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 1 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 2 of 15 (3. HIGHWAY 12 TURNBACK PROCESS, Continued) years from when the Commissioner of Transportation turns control over the road to Hennepin County. Grube indicated he expects that to happen sometime in October of this year. Grube stated those funds will allow the cities to rebuild or improve the road over the next 15 years. If the cities are looking at rebuilding Highway 12, those funds would be available, but if there is a desire to do some additional work along the side of the road, such as street lights, trees, landscaping, the state generally will not pick up the cost of that. Grube noted that major highways generally remain for approximately 40 to 60 years, which requires some long-term planning and vision. As it relates to this particular project, the envisioning process has been undertaken with Long Lake and Orono. Grube pointed out that Hennepin County will not force any improvement project down either city’s throat but representatives will be available to the two cities to discuss the future of the road. The cities have the right of refusal to improve the highway and there are also laws which will allow the counties and cities to go through an arbitration process if there is not mutual consent among the parties. If Orono and Long Lake are to rebuild Old Highway 12 from County Road 6 to Wayzata Boulevard, the cost would be over 12 million. Hennepin County is willing to start the discussion process with the two cities to envision what the road will look like in the future and how the project will happen. Hennepin County has no formal plans for rebuilding the highway. Grube stated that items not typically covered will generally cost the cities around 10 percent, which on a $20 million project, would be roughly $2 million. Hennepin County is here to assist with the rebuilding of Highway 12 and would like to engage in an open conversation with city officials, businesses, and residents. Once a vision is arrived at, Hennepin County will determine how the project should be constructed and will keep the residents informed during that design process. The first step following the discussion phase would be to retain the services of a consultant, followed by becoming actively engaged in discussions with the city councils, city staff, and residents at neighborhood meetings and public meetings. Grube indicated Hennepin County is looking for consent from both cities to start that discussion process. McMillan asked what kind of time commitment they are looking at. Grube stated generally there will be meetings held in the evening or late afternoon. A project advisory committee consisting of property owners, business owners, city staff will be formed and they will meet approximately once a month for two hours. Murphy indicated Mr. Grube has been a wonderful person to work with at Hennepin County and that the New Highway 12 project was a long, arduous process. Murphy commented that Mr. Grube took a hands-on approach and was readily available to discuss the various aspects of the project. Grube stated local government consists of the school board, city council, and the county board of commissioners and that they realize what people have to endure when there is a project being undertaken so they try to avoid surprises and not fail the people. Grube commented there are lots of moving parts to a project and occasionally something will get dropped but they will do their best to make sure that the issues get resolved. White noted he also has had the pleasure of working with Mr. Grube on the Lake Street project. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 2 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 3 of 15 (3. HIGHWAY 12 TURNBACK PROCESS, Continued) A resident in the audience asked what the qualifications of the consultant would be and who would be paying for the consultant. Grube stated generally speaking the consulting firm would be anchored in the technology of civil engineering but would also have access to experts in landscape architecture. The cost of the consultant would be borne by the turnback fund. The contract would be let by Hennepin County. Murphy asked Mr. Grube to explain what a “complete street” means. Grube indicated the term “complete streets” means that conceptually the roads that are built in Hennepin County are set up so that it recognizes the needs and desires of the people who live along the road or live within the influence area of the road. Hennepin County recognizes that cars are not necessarily the only way to get around and that opportunities for biking and walking will be taken into consideration. Transit systems would be incorporated into the project in the more robust urban areas. Hennepin County will take the complete street approach to this project. McMillan asked as it relates to the costs borne by the City, whether there are any grants available for those items. Grube stated there are ways in which Hennepin County can help write down some of those costs but that the cities will have to pick up a portion of the costs. PRESENTATION 4. Funding Request for Milfoil Project (Milfoil Free Carman’s Bay Committee-Mary Drazan) Mary Drazan, Milfoil Free Carman’s Bay Committee, addressed the audience regarding a funding request for the milfoil project on Carman’s Bay. Drazan stated the three bays most infested with milfoil have been selected for the milfoil pilot project. In 2008, Carman’s Bay was treated but the treatment was not as successful as they had hoped it would be and the treatment lasted for only a brief period of time. The other two bays were treated differently and had a different success rate. No treatment was done on Carman’s Bay in 2009 due to a lack of funds. Due to the poor success rate, the residents of Carman’s Bay became a little bit disillusioned. Unfortunately, the milfoil came back even worse in 2009, which prompted the residents to become more involved. Fundraising efforts are almost completed and they are expecting treatment to occur in April. Drazan stated the people of Carman’s Bay are supportive of the five year pilot project and feel it is important for the City of Orono to be involved in it. The residents have shown their support and desire to eradicate this noxious, invasive non-native plant from Carman’s Bay. As a public resource, the residents request that the City of Orono aid with funding the project for this year and continue that funding until the end of the pilot project in 2012. At that point in time a determination will need to be made on what the next step should be. According to the City’s web site, the City’s philosophy is to protect and preserve Lake Minnetonka, its water quality, and its recreational assets. In addition, there are safety concerns that should be taken into consideration when deciding whether to fund the project. Drazan pointed out there was one death on the point of Casco last Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 3 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 4 of 15 (4. Funding Request for Milfoil Project, Continued) year and a death in Excelsior. Milfoil has been attributed in part to those deaths. In addition, the milfoil may impair the ability of some fish species to spawn in the littoral zone, which is the 0-15 foot zone. Milfoil also has serious impacts on aquatic ecosystems since the dense canopies shade out native vegetation and it alters the community composition of aquatic macroinvertebrates. Additional reasons for supporting the project include the recreational and aesthetic appeal of the lake. The dense growth interferes with water-based recreation, can disrupt the use of waterways, inhibits fishing and boating, and reduces the overall aesthetic appeal of the lake. There is also a concern over property values dropping due to the large amount of milfoil. Other bays are able to sell their properties as milfoil free. Carman’s Bay was selected for treatment because it is one of the worst for milfoil. The community is committed to this project and has raised almost $36,000. Approximately 93 percent of the residents on Carman’s Bay are participating in the fundraising. Over 150 people have signed a petition requesting that the City become involved in the project and help with funding. Drazan requested the City Council consider contributing $3000 in 2010 and $10,000 in both 2011 and 2012. White asked when the treatment is expected to start. Drazan stated they are expecting the treatment to commence next week. White stated he was not in support of this project last year and that the people who live on the lake, swim in the lake, and have animals have to be well informed about the restrictions that will come with the treatment. White noted his property was skipped last year but yet he was not informed of the restrictions that applied to the properties adjoining his that were treated. Dick Osgood, Executive Director of Lake Minnetonka Association, indicated the applicator complied with the permit requirements of the DNR. The applicators are not legally allowed to go on to people’s property who are not participating in the project. The minimum that is required is that the signs are posted the day before the treatment listing the restrictions. Osgood stated this year all of the properties in their e-mail data base will be notified about the upcoming application and the nature of the restrictions that will be applied. In addition, the day before the treatment the applicator will post the orange signs on the corners of lots where the treatment will be and those signs will face the neighbors who are not having the treatments. The signs are to be kept in place for the appropriate length of time that the restrictions are in effect. Osgood indicated there will also be an e-mail notice sent to all the residents when the restrictions are lifted. Bremer stated her area of the bay experiences problems with the milfoil harvesting but that she does have clear water in front of her property. Bremer stated in purchasing their property on the lake, it was important that the water quality be good, but that she does not know whether all the people who purchase on the lake have that same concern. Bremer indicated that she has learned that the length of time for the restrictions is exaggerated on the postings and that it is important the residents receive accurate information. Bremer stated once the treatment is applied, it is not 180 days before they can utilize their irrigation systems and recommended that accurate information be given to the residents. Bremer stated the philosophy of Orono is to preserve the water quality of Lake Minnetonka but that there is also a nervousness about the use of chemicals in order to achieve that and that there is not enough information Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 4 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 5 of 15 (4. Funding Request for Milfoil Project, Continued) available yet to achieve a perfect balance. The City has relied on the LMCD in this regard about what the City should be doing. Bremer indicated she is not sure what the other alternatives are and that she would love to hear from Mr. Osgood regarding what the true life of the treatment is and how the application really works. Osgood stated there are two chemical herbicides that will be used on the three bays but that only one of them will be used on Carman’s Bay. The chemical will be applied one part per million, which is a very low dosage in the water. The chemical degrades in the sunlight and has a half-life of nine to ten days depending on the water temperature. The chemical will break down completely within a matter of weeks to months. Osgood stated the main restriction is the watering restriction and applies to ornamental plants and vegetables, such as tomatoes. According to the manufacturer’s label, the length of the restriction is 120 days or when the residual measured in the water is nondetectable. The applicator is charged with measuring that. Last year the treatment was unfortunately later in the year and there was also a drought. The chemicals are registered for use with the U.S. Environmental Protection Agency and are allowed for use. Osgood noted he does manage weeds in his lawn on a spot treatment basis. Most people do not know very much about milfoil and aquatic plants since they are under water, but the basic ecology is the same. Drazan stated as it relates to the safety of the chemical, according to the EPA, no herbicide may be registered for aquatic use if it has more than one in one million chance of causing significant harmful effects on human health, wild life or the environment. The lifetime risk of dying in a car is one in 83, dying by being struck by lightning is 1 in 80,000, and dying by being struck by an asteroid is 1 in 200,000. People have more of a chance of being hit by an asteroid than by being killed with this herbicide. McMillan asked if the chemical is applied and things go perfectly, what they expect to happen. Osgood stated if the treatment goes as expected, the results will resemble Grays Bay. Some native aquatic species will increase and some native aquatic species will go down for a period of time. They cannot predict exactly which species will go down but the hope is that there will be practically no milfoil left and the native plants should survive. McMillan stated the interesting and difficult thing about Lake Minnetonka is the number of different bays, which have differing water levels and varying levels of phosphorous due to the dumping of sewage into the lake back in the 1960s. Some of the bays in the lower lake have better water quality than the upper lake. Some of the difficulty in trying to compare one bay to another is that they do differ, which will cause the treatment results to vary. Osgood stated the United States Army Corps of Engineers has advised the EPA on the use of these chemicals and will be advising on this project. The U.S. Army Corps of Engineers will also be doing the plant inventories before treatment, during treatment, and after treatment. Osgood stated he feels comfortable saying that Carman’s Bay is comparable to Grays Bay and Phelps Bay and that a third party will be conducting the testing. McMillan pointed out there are some concerns from last year’s treatment, particularly on Grays Bay, because more of the native plants were killed than had been anticipated. Lake water is dynamic and constantly changing, which makes treatment difficult. The water quality diminished slightly in Gray’s Bay and there is no guarantee the water quality will get better with the treatment. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 5 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 6 of 15 (4. Funding Request for Milfoil Project, Continued) Osgood stated Grays Bay is very shallow and was actually down two feet last year, but without the milfoil, they were able to have wake boarders and water skiers on the bay, which has never occurred before. Osgood stated that while there are concerns over the efficacy of the chemicals, he would feel comfortable recommending it. Franchot asked if there is any indication that there will be an ending point for the treatment. Osgood stated it is his expectation that there will be some need for ongoing management but that the level of treatment will decrease going forward as the milfoil becomes eradicated. The treatment from last year on Gray’s Bay is down 70 percent due to the good level of control, and that the hope is to reach some type of maintenance level. Drazan stated she has found that the state of Washington has a great web site with a number of studies on the impact to native plants. They found that after one to two years, there is a significant increase in native plants. As it relates to retreatment, it is important to review the bays every year and there may be some minor treatment that is required. Drazan commented that milfoil will grow if it is dropped in the lake and that some minor ongoing treatment will have to be done. Drazan pointed out that the milfoil harvesting is actually increasing the milfoil. The harvesting is an ongoing venture by the LMCD, is very expensive, does not decrease the milfoil, and that the residents of Carman’s Bay are looking at reduced amounts of chemicals that will be necessary in the coming years. Murphy asked what position the LMCD has taken on this. McDermott stated LMCD supports the five year program for the three bays and the Save the Lake Fund will be contributing some monies towards that project. Murphy asked how much the LMCD is contributing. McDermott indicated the LMCD is contributing $10,000 per bay and that that amount will be reduced once they reach the point where only spot treatments are necessary. Murphy asked where the DNR is on this treatment process. Osgood stated the program is part of a Lake Vegetation Plan, which has been signed off by the DNR. The DNR has also contributed $25,000 this year, which is to be split among the three bays. Murphy asked if the Minnetonka Watershed District has taken a position on this. Osgood indicated he is not aware that they have taken a position. Osgood noted this project is mainly under the purview of the LMCD. Murphy commented the City has had a significant amount of interaction with the Watershed District regarding tributary issues and phosphorous in the past and that he was curious why they have remained silent on this issue. Osgood indicated he cannot speak for them but that he is not aware of any concerns that they have regarding the project. White stated generally the aquatic chemicals are fairly low toxicity but that they do not just kill milfoil. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 6 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 7 of 15 (4. Funding Request for Milfoil Project, Continued) Murphy stated he understands the concerns of the residents and that the milfoil is a serious problem. Murphy stated he does have a concern with the use of herbicides and pouring chemicals into an entire lake. Murphy commented he is not sure what the end answer is, but that from the City’s standpoint, they are in a difficult position. Orono also has a problem with buckthorn, which is also getting worse every year, and that he cannot imagine the City getting involved in financing the removal of buckthorn out of people’s yards. There are also issues with Zebra mussels and other things. Murphy noted the City of Orono has 13 bays on Lake Minnetonka, and that in his view, to start contributing to this fund would set a dangerous precedent for the City going forward. The City Council has had lots of discussions about sponsoring specific projects that do not directly affect all citizens and that typically the City has drawn the line on contributing to those projects. A resident in the audience noted that the other cities around the lake are contributing and asked why Orono is not taking the same position. The resident noted this is a public resource. Drazan asked if the City is going to wait until all the lakes are infested before they take a stand on this. Drazan commented she struggles with that position since it does not fit into the City’s philosophy. White stated the City’s philosophy is to attempt to keep chemicals and runoff from going into the lake. White noted the LMCD could not harvest the upper end of the lake since it is too shallow. Kathleen Bisson, Casco Point, stated she has been a certified residential appraiser for the past 14 years and that the milfoil does affect property values. The milfoil will keep getting worse and will continue to affect property values. There currently is a property on Casco Point that has gone into foreclosure. The woman that purchased the property was not familiar with the lake, razed the house, and has found that the area is very infested with milfoil. The milfoil will eventually affect everyone’s property if something is not done. White stated it is the City’s responsibility to provide police, fire and roads for the residents and not to protect anyone’s personal investment. A resident stated they are talking about what to fund. The City currently funds the LMCD to harvest the milfoil, which in turn spreads the milfoil. The City currently contributes $58,000 to the LMCD and the residents on Carman’s Bay would like the City to reduce that spending and contribute to this project. McMillan pointed out the LMCD addresses the whole lake and all the cities contribute to the harvesting and not just one bay. McMillan stated she can understand why people are frustrated with the harvesting but that it is a nonchemical solution. Kathleen Bisson stated if the property values continue to go down, the City will not have the money to fund anything. Bremer indicated she is in favor of funding the project this year but that she has a concern with the funding going into future years. Bremer stated in her view the $3000 is worth a shot. Bremer noted the City does own a lot on that bay and that they were requested two years ago to contribute to this project as a property owner. A resident commented that the City also owns Lydiard Beach on Carman’s Bay. Paul Kaster, 2600 Casco Point Road, stated the City purchased Big Island because it was an asset to the village and to everybody on the lake. Those funds came out of the residents’ pockets. Kaster indicated he has been in Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 7 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 8 of 15 (4. Funding Request for Milfoil Project, Continued) the City of Orono since 1939 and has seen a lot of people come and go. He feels that in light of the purchase on Big Island, the Council would be turning its back on the residents of Carman’s Bay if it does not contribute. Kaster stated people should realize that the milfoil rots at the bottom of the lake and adds phosphorus to the lake and that currently the milfoil is out to 19 feet from the lakeshore. In Deephaven, every spawning bed is full of mud. The residents are losing the lake and the City should consider that. The native plants will come back following treatment. Kaster stated in his view this is a chance to preserve the lake. Bill Koch, 3251 Casco Circle, stated he moved to this area a couple of years ago and did not realize the milfoil was going to be as bad as it is. Koch encouraged the Council to look at this as a pilot project and a way to study the problem. The residents have raised $36,000 on their own and that they are asking the City to contribute a small portion to the project. The residents have taken on the lion’s share of the project and are asking that the City participate in the pilot program. Koch stated if, after a few years, it is not effective, the residents will not be asking for additional money but that they want to see something done. The treatment has been shown to work on other bays and that in his view the funding commitment on the part of the City should be for the length of the pilot project. White noted he used to work for the chemical industry and the employees were cautioned not to breathe it and not to touch it. The chemical company eventually went out of business due to the liability. White stated that was around the same time as Agent Orange. White commented he is not suggesting that this is Agent Orange but it is a chemical and he does not support the use of chemicals in water. White stated he supported the pilot project and that he understands the toxicity level is rather low. White stated he does have a problem with funding the project since the majority of the citizens do not live on the lake and then having to tell other people they will not be funding their projects. White stated there is a question whether it is the entire City’s responsibility to deal specifically with one bay when there are 13 bays in Orono. White stated as it relates to the pilot project, he personally does not like using chemicals in water, but that he does understand the issues. White indicated the City Council will need to take future funding under advisement but that the residents are not requesting a great deal of money at this point. Franchot commented it is a complicated issue and that it is difficult to reach a full conclusion on the first night. Franchot indicated he would be in support of funding it this year but that he is not comfortable with making a long-term commitment. Franchot stated in his view the milfoil needs to be addressed on an overall basis and not on a piecemeal basis. McMillan stated she has a concern with the sustainability of the project and that hopefully there will be a better result than two years ago. McMillan noted this is not something that is permanent, such as fixing a road, and that there will be an ongoing maintenance issue. The LMA and LMCD have tapped into different funding sources and have provided some funding in addition to the money contributed by the residents, but that there is no guarantee that this is a viable solution. If the pilot program goes well, there is a chance to look at it again and that perhaps the entire lake can be treated. McMillan noted that milfoil has been in the lake since 1987. McMillan stated she does have an issue with funding something that does not have any sustainability or permanence to it based on the current information available. Murphy commented he does believe that this is a slope that is very slippery and that the City should not participate in funding it. Murphy indicated he would vote no on the City’s participation but that he would be Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 8 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 9 of 15 (4. Funding Request for Milfoil Project, Continued) willing to write a personal check for half of the $3000 if that will help the residents. Murphy stated he cannot commit the City’s funds to this given the other issues the City is facing. A resident noted that the property owners on the lake are required to pay higher property taxes to be on the lake and that there should be a decrease in their property taxes due to the milfoil and their inability to use the lake. The lake is a public resource and is used by the public. Right now it is not useable for the residents but they are paying a higher tax rate. The residents are funding the majority of the project personally. Murphy stated if the residents were in attendance at a school board meeting tonight instead of here, there would be a lot of people within the Orono Alliance that would say basically the same thing. The tax situation in the state is severe and there is a lot of personal money that is being raised for the band students and other organizations. Murphy stated he is willing to commit his personal money to this project but that he does not feel it is good for the City to do it. A resident in the audience noted that 75 percent of the boats on the lake are not the residents’ boats. It is a public resource and other fishermen utilize the lake. Dick Osgood has run the numbers and has found that after 10 years you can treat the entire lake for what is being spent today. The City would just be using the money it contributes to the LMCD and would be getting rid of the harvesters. The costs for Gray’s Bay this year are 25 percent less than the first year’s budget. In five years, the cost for treating the whole bay will be $15,000 and that the costs will go down once the problem is under control. McMillan stated it is known that the costs will go down in future years but that the LMCD has concerns at this time about expanding the treatment. Lake Minnetonka is for public use, and as good stewards, the City needs to think of the entire lake. McMillan noted there are people who are against the use of chemicals but that invasive species are very dominant and can ruin the ecology of a lake. McMillan noted that Zebra mussels have changed the ecology of the Great Lakes. It is an ongoing battle on many different fronts to preserve the water quality of Lake Minnetonka. The pilot program is interesting but the City needs to proceed forward with caution. McMillan stated she appreciates the residents becoming aware of the situation and of all the time and effort spent by them. Bremer stated obviously people have differing opinions on whether or not to use chemicals in the lake, and that the City has to look to the LMCD for guidance on this issue. Bremer indicated she is in support of providing funding for the first year but that she does have a concern with future funding of the pilot project. Bremer pointed out the City is not required to do anything next year simply because the City supports it this year. Bremer stated she does not feel that by agreeing to fund it this year the City is legally obligated to fund it in future years but that the city does have the philosophy to protect and preserve the lake. Bremer commented if you look at real estate in other cities, they have a lot higher tax rate than Orono. The lower tax rates are in part because of good financial stewardship of the City. Bremer stated in her view milfoil is one of the causes that steps beyond that and that she would challenge the rest of the Council to think about the huge commitment the City has to Lake Minnetonka. Orono abuts 41 percent of the lakeshore. Carman’s Bay is one of the worst bays on the lake for milfoil and that she does not feel this is a slippery slope with other bays requesting funding. Bremer stated she is tired of seeing the signs that say there is milfoil on the lake and that she has been told that this treatment is our best shot at solving the issue. Kay Owen, Casco Point, stated as a general rule, it is good to make decisions based on facts and data. In this situation the City has the opportunity to fund a research project that will provide facts and data for the future. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 9 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 10 of 15 (4. Funding Request for Milfoil Project, Continued) Murphy stated he does not feel good about the facts and data that have been compiled so far. There has been a lot of anecdotal information gathered already but questioned where the scientists and the people are who can stand up and say how it is going to work. Murphy stated the applicator needs to do a better job at putting up the signs and informing the residents of what the restrictions are. Murphy indicated he personally does not know who the applicators are and where they come from. Murphy commented the City could do a better job at experimenting on a lot of different issues under the guise of collecting facts and data. Drazan stated she did put a considerable amount of time into assembling her data and that the data was gathered from scientific studies conducted by other states. The state of Washington has been using chemical treatments for ten years and they are in agreement with it. Each of the bays is different but there are people out there who are experts and there is scientific evidence that state the chemicals have been used effectively. This is new to Minnesota but not to other states. Drazan stated she agrees that we need to be careful about putting chemicals in the lake and not do anything intentionally to harm the lake but that there is scientific data showing the affect on fish, the affect on native plants, and generally the affect on the ecosystem. Drazan stated she does have that data available and can provide copies of that data. Drazan stated the residents are hoping for a small contribution by the City to show their support of this project. Bremer moved, Franchot seconded, to approve funding of the milfoil chemical treatment project on Carman’s Bay in the amount of $3000 for 2010. VOTE: Ayes 3, Nays 2, Murphy and McMillan Opposed. LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE McDermott noted the LMCD has been undergoing a boat inspection program for the past few years. Last year the LMCD contracted with the DNR to inspect for 3552 hours. The LMCD has found over the years that the DNR cannot meet that obligation, and as a result, the DNR was only able to inspect for 3100 hours. The inspectors have to be specially hired and have a natural resources background. In addition, the DNR has had trouble finding someone to work on weekends and Fridays. The LMCD this year will be working with Hennepin County and Three Rivers Park District to see if they can supplement the inspection hours. In addition, the LMCD will be contacting hiring agencies to see if some part- time employees can be hired. The LMCD has been able to compile the money necessary to complete the inspections for this year, which amounts to $57,184. $30,000 will be coming out of the LMCD’s general fund, $11,000 will come out of the Save the Lake fund, and $5,700 will be coming from the MN DNR prevention grant, which is a decrease from last year. This year is the first time the Minnehaha Creek Watershed District will be contributing and they have agreed to contribute $7,500. McDermott noted the MCWD is becoming more interested in the lakes than they have been in the past. The LMCD is also going to take $1,700 out of the harvesting program. This year the harvesting will be done four days a week with ten hour shifts. McDermott noted the harvesting company has also had trouble finding people to work on Fridays. The LMCD will be hiring a new supervisor this year and are currently advertising for harvesters. McDermott reported the LMCD will commence work on the 2011 budget next month. The LMCD hopes to be completed with that process by July. The LMCD has not started discussing the budget at the present time but are waiting to see what the assessed property valuations will be in 2011. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 10 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 11 of 15 (LMCD REPORT, Continued) White noted the property valuations are down by approximately seven percent. McDermott stated they are also trying to rebrand the Save the Lake Committee. They are in the process of updating the web site and hope to generate some new contributions. The Save the Lake Committee contributed $10,000 for the first year of the pilot project, with funding in each subsequent year being reduced. The LMCD did agree that it would be a five year pilot study and there likely will not be any new treatment areas added until the pilot project is over. McMillan noted that Carman’s Bay will be doing a different treatment application this year. McDermott noted there was a different applicator on Grays Bay and Phelps Bay, who performed a second application at no cost, and that the applicator for Carman’s Bay would not agree to do a second application. McMillan asked what the water level is currently on the lake. McDermott stated to his knowledge it is at average level. Tom Kaster asked why the City cannot charge a fee to launch a boat into the lake. White stated there is a state law prohibiting charging a fee at a public boat landing. PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE Kang stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Clem Bucher, VFW Post 7, stated he appreciates the City allowing them to utilize the City Council Chambers for their meetings. VFW Post 7 is 108 years old and is the second oldest in the nation. Post 7 does not intend to raise funds to build a club house and does not participate in pull tabs. VFW Post 7 provides scholarships at the local high school and works with the Boy Scouts. In addition, some of their funds went to military families overseas and phone cards were purchased for soldiers. This year they will be having a fundraiser to raise funds to provide a home for widows and their children. Bucher noted they have been meeting here for the past year on the second Thursday of each month. VFW Post 7 has attempted to be a good neighbor and wanted to acquaint the City Council with the post. Bucher indicated they would like to continue to meet here. White thanked VFW Post 7 for their support of the veterans and their families. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 11 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 12 of 15 PLANNING DEPARTMENT REPORT *5. #08-3381 BARRY TANNER, 3435 SHORELINE DRIVE (NAVARRE LANES) – CONDITIONAL USE PERMIT EXTENSION – RESOLUTION NO. 5925 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5925, a Resolution Amending Resolution No. 5803, 3435 Shoreline Drive. VOTE: Ayes 5, Nays 0. 6. CITY OF ORONO – CHANGES TO CHAPTER 79, CONSTRUCTION OF SITE RUNOFF CONTROL – ORDINANCE NO. 69, THIRD SERIES McMillan noted the last sentence in Section 3, Page 5, states that costs in excess of the amount of the security may be assessed to the property as special assessments. McMillan commented that language is a little confusing given the section it is located in and suggested that the language be moved to Section 5. Turner indicated she would make that change. McMillan moved, Bremer seconded, to adopt ORDINANCE NO. 69, Third Series, an Ordinance Amending Chapter 79 of the Orono City Code Concerning Construction Site Runoff Control, with the last sentence in Section 3 being moved to Section 5, and to Adopt SUMMARY OF ORDINANCE NO. 69, THIRD SERIES, an Ordinance Revising Chapter 79 of the Orono City Code Construction Site Runoff Control. VOTE: Ayes 5, Nays 0. *7. 700 BIG ISLAND – RESOLUTION REPLACING RESOLUTION NO. 1557 – RESOLUTION NO. 5926 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5926, a Resolution Approving a Lot Area Variance for Record Lot No. 9, Pursuant to Orono Code Section 78-563. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy asked what is happening with NAPA. White stated the owner of the building has decided to raise the tenant rates and that NAPA will be relocating to Spring Park. Murphy noted that Doug Franchot will be attending the April Planning Commission meeting in his place. Franchot stated the LMCC will be moving to the next stage regarding fiber optic, which is to reach out and communicate with the city administrators and mayors about the funding necessary for a full-scale plan. Franchot noted $1.4 million will be required to create a development plan. The LMCC will then go out and sell the bonds to construct the project. Murphy asked whether the project would be eligible for stimulus funds. Franchot indicated it would not be. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 12 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 13 of 15 (MAYOR/COUNCIL REPORT, Continued) Murphy stated in his view it is good to study the project but that the costs and complexity of the project make it difficult to accomplish. Franchot stated the group with the LMCC that is spearheading the project is made up of some very experienced, competent people both technologically and business-wise. Mediacom has made it clear that they will not be expanding the system to people who currently do not have service as part of this project. The LMCC is also looking at wireless inside the buildings. McMillan commented that Orono’s Comprehensive Plan meeting last week was well attended. McMillan noted she received the City’s newsletter after the meeting and that perhaps something else should be done to notify the residents of the upcoming meeting on April 19th. Gaffron stated the entity in charge of printing and distributing the newsletter had indicated the newsletter would be in the residents’ hands prior to the 7th but that they experienced computer difficulties and were not able to get the newsletter out in time. Gaffron stated in terms of the Planning Commission meeting on April 19th, the people who remained for the discussion by the Planning Commission heard that it was being tabled to the 19th. Gaffron indicated there is not enough time to publish notice anywhere except on the City’s web site. McMillan stated the only solution she sees is to send out a postcard to each resident but that unfortunately there is a cost associated with that. Gaffron expressed doubt that Staff would be able to have the time to mail out 3000 postcards in the next few days. Gaffron noted the public will have the option to attend the Planning Commission meeting on the 19th and/or the City Council meeting on the 26th to bring up any questions or concerns they may have regarding the Comprehensive Plan. CITY ENGINEER’S REPORT Kellogg had nothing to report. CITY ADMINISTRATOR’S REPORT *8. ACCEPT DONATION OF PAPER – RESOLUTION NO. 5927 Murphy moved, Bremer seconded to adopt RESOLUTION NO. 5927, a Resolution Acknowledging a Donation of Paper. VOTE: Ayes 5, Nays 0. *9. FEASIBILITY STUDY FOR GEOTHERMAL HEATING AND COOLING SYSTEM Murphy moved, Bremer seconded, to approve a feasibility study for application of geothermal heating and cooling as a retrofit to the existing heating and cooling systems serving City Hall, the Police Department, and Council Chambers at a cost of $3,000, with the expectation that Xcel Energy will rebate 50 percent of the cost of the study. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 13 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 14 of 15 *10. 2010 LIABILITY INSURANCE AND WORKER COMPENSATION INSURANCE AWARD Murphy moved, Bremer seconded, to award the 2010 insurance package effective January 2, 2010, to the League of Minnesota Cities Insurance Trust for worker compensation coverage, $78,286; comprehensive municipal property and casualty package, $83,391; umbrella excess liability, $18,004; and golf course liquor liability, $563.00. VOTE: Ayes 5, Nays 0. *11. CHANGE ORDER NO. 2, CASCO POINT RECONSTRUCTION PROJECT Murphy moved, Bremer seconded, to approve Change Order No. 2 for the Casco Point Reconstruction Project, Geislinger and Sons, Inc., in the amount of $13,446.00. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT None *12. LICENSES & PERMITS ONE DAY GAMBLING – RESOLUTION NO. 5928 and 5929 1. Orono Baseball Association (raffle) Opening Day Celebration Orono High School, 795 Old Crystal Bay North Saturday, May 1, 2010 10:00 a.m. drawing 2. Junior League of Minneapolis (raffle) Fundraising event Wayzata Country Club, 200 Wayzata Boulevard West Saturday, April 17, 2010 6:00 p.m. – Midnight Murphy moved, Bremer seconded, to adopt Resolution No. 5828 Approving a Lawful Gambling Application for Exempt Permit of the Orono Baseball Association for a One Day Gambling Activity and Resolution No. 5829 Approving a Lawful Gambling Application for Exempt Permit of the Junior League of Minneapolis for a One Day Gambling Activity. VOTE: Ayes 5, Nays 0. *13. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 9:35 p.m. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 14 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2010 7:00 o’clock p.m. ________________________________________________________________________________________ Page 15 of 15 ATTEST: _____________________________________ _______________________________________ Linda S. Vee, City Clerk James M. White, Mayor Item #02 - CC Agenda - 04/26/2010 Approval of Council Minutes 04/12/2010 [Page 15 of 15] Orono City Council Committee of the Whole April 13, 2010, 6:30 p.m. Orono City Council Chambers Page 1 of 1 Present: Mayor Jim White, Council Members Cynthia Bremer, Doug Franchot, Lili McMillan and Jim Murphy; City Administrator Jessica Loftus, Police Chief Correy Farniok, Assistant City Administrator for Long‐ Term Strategy Mike Gaffron, Finance Director Ron Olson, Public Works Supervisors Don DeBaere and Scott Oberaigner, Planning and Zoning Coordinator Melanie Curtis, City Clerk Lin Vee, City Engineer Tom Kellogg and City Attorney Soren Mattick 1. Pre‐meeting Local Board of Review  Nate Stulc, Hennepin County Assessor, reviewed the 2010 Assessment/2009 Sales data booklets.  Council discussed the current format for the Local Board of Review vs. an Open Book meeting. Council was in favor of obtaining additional information for consideration of an Open Book meeting in 2011. If a decision is made to change to the Open Book meeting format, Hennepin County must be notified by December. Residents will also need to be notified. 2. Police Department Update  Chief Farniok reported on his experiences while attending the National FBI Academy and other issues which are being addressed by the Police Department. 3. Engineer’s Report  Lift Station 12 Update (Brown Road North/Old Hwy 12) o Council discussed the potential repair/replacement of Lift Station 12 and directed the City Engineer to move forward with pressure testing.  Orono Orchard Road Street Reconstruction Project Update o City Engineer Kellogg reported that Met Council is interested in upgrading their portion of the sewer system as part of the Orono Orchard Road Street Reconstruction Project, which is scheduled for 2012. Council discussed the possibility of moving this street project up to 2011. o Council directed Bonestroo to continue discussions with Met Council regarding an agreement to participate with the city in the Orono Orchard Road Street Reconstruction Project.  State Aid Street CIP Discussion o Updated numbers for the Capital Improvement Plan were provided and discussion of the project schedule ensued. Although Watertown Road is scheduled for improvements in 2011, Old Crystal Bay Road is in worse condition. Council agreed to observe road conditions as they drive around the city and continue discussion of the CIP schedule. o Council directed staff to investigate the costs to purchase an asphalt milling machine. 4. Other Issues of Current Interest  None 5. Comments Regarding Information Updates  None 6. CommonBond Discussion  City Attorney Mattick presented information on issues related to the CommonBond proposal. Council continued with discussion of the proposed project, including land values and timelines.  Council recommended that CommonBond submit a written purchasing proposal for Council consideration. 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