HomeMy WebLinkAbout09-27-2010 Council Packet PUBLIC ATTENDANCE
M EETING DATE '��j�,�ry�/ C�
� COUNCIL
❑ PLANNING COMMISSION
❑ OTHER
Please complete the following information for City records.
PRESENT FOR(from agenda)
NAME (please print) ADDRESS NAME OR NUMBER
� ,
x ., j' , , _ ' �
1._. Ii�L Y�''�'�--` � ����� ���L-�-� <
- � ,
,� , � . �_ ..
, . . . ,
2 �% � --
� "� �('�.��L�. � ' � �-� (,`.r�- ���"��L 11�-
� ��� ,
s. ,. N� �v� ��� j=1 C11� �;'�.� � �; J,�� �—�
�
� ,
�
4. ' �-���"�Yt 4.�-'I L� .�e.:,.
l� 1 �-i ���
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
V:\�LEGAL FORMS�\(FORMS�\PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, September 27, 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 September 13, 2010
Planning Commission Comments – Linda Feuss, Representative
Public Comments – (Limit 5 Minutes Per Person)
Planning Department Report
Mayor/Council Report
City Engineer’s Report
3. Preparation of Assessment Roll for North Farm Road Sewer Project – Resolution
City Administrator's Report
4. Planning Department – Consultant Planner Agreement
5. Liquidation of Forfeited Vehicles
6. Appoint Election Judges – Resolution
7. Appoint Absentee Ballot Board – Resolution
8. Lurton Park Improvements
9. Metropolitan Livable Communities Program Participation
City Attorney's Report
10. Licenses & Permits
Kennel
* 11. Bills
Agenda for Council Meeting Set for Monday, September 27, 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
Upcoming Issues and Events
2010
09/27 – Joint Council and Orono School District Work Session, Monday, 5:00 p.m.
09/27 – Council Meeting, Monday, 7:00 p.m.
09/28 – Council Work Session, Tuesday, 6:30 p.m.
10/01-10-31 – Leaf and Grass Disposal, Mondays-Saturdays, 9:00 a.m. - 3:00 p.m.
10/06 – Planning Commission Work Session, Wednesday, 5:30 p.m.
10/11 – Council Meeting, Monday, 7:00 p.m.
10/12 – Council Work Session, Tuesday, 6:30 p.m.
10/18 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Cynthia Bremer)
10/25 – Council Meeting, Monday, 7:00 p.m.
10/26 – Council Work Session, Tuesday, 6:30 p.m.
10/30 – City Offices Open for Absentee Voting, Saturday, 10:00 a.m. - 3:00 p.m.
11/01 – Absentee Voting at City Hall until 5:00 p.m., Monday
11/02 – GENERAL ELECTION, Tuesday, 7:00 a.m. - 8:00 p.m.
11/03 – Planning Commission Work Session, Wednesday, 5:30 p.m.
11/08 – Council Meeting, Monday, 7:00 p.m.
11/09 – Council Work Session, Tuesday, 6:30 p.m.
11/11 – HOLIDAY, Observance of Veterans Day, Thursday
11/15 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Mayor White)
11/22 – Council Meeting, Monday, 7:00 p.m.
11/23 – Council Work Session, Tuesday, 6:00 p.m.
11/25 – HOLIDAY, Observance of Thanksgiving Day
11/26 – HOLIDAY, Observance of Thanksgiving Day
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 1 of 14
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present:
Mayor James White, Council Members Lili McMillan, Cynthia Bremer, and Doug Franchot.
Representing Staff were City Attorney Soren Mattick, Finance Director Ron Olson, City Clerk Lin Vee,
Assistant City Administrator of Long-Term Strategic Planning Mike Gaffron, Planning and Zoning
Coordinator Melanie Curtis, 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. 6, 7, 8, 11, and 14 were added to the Consent Agenda.
Franchot moved, Murphy seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF AUGUST 23, 2010
Franchot moved, Murphy seconded, to approve the minutes of the Orono City Council meeting of
August 23, 2010, as submitted. VOTE: Ayes 5, Nays 0.
LMCD REPORT
McDermott reported that the water level of Lake Minnetonka is up by approximately 18 inches as
compared to last year and the dam is still open.
The LMCD has held a couple of public forums recently regarding the zebra mussel problem. McDermott
noted that there were very few residents in attendance. The DNR advised the residents to inspect their
boats and remove any zebra mussels. The DNR has also found infestations in the upper lake recently. A
resident reported finding a large collection of zebra mussels on a boat lift around Brackett’s Point, which
would indicate that they have been here for a number of years. McDermott stated the boat inspection
program will continue next year.
Murphy commented that getting the residents to wash down their boats is an important part of the plan to
control the zebra mussels.
McDermott stated the DNR’s main concern now is preventing the zebra mussels from being spread to
other lakes around the state.
McMillan asked whether a wash station would be helpful.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 1 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 2 of 14
(LMCD REPORT, Continued)
McDermott stated it would be very helpful to help control the spread of the mussels since the boaters
would have access to the high-temperature water that is necessary to kill them. McDermott stated the
winter will kill any zebra mussels above the frost line.
PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE
Kang stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
*3. #08-3381 BARRY TANNER, 3435 SHORELINE DRIVE (NAVARRE LANES) –
EXTENSION TO OPEN BOWLING CENTER – RESOLUTION NO. 5957
Franchot moved, Murphy seconded, to adopt RESOLUTION NO. 5957, a Resolution Amending
Resolution No. 5803, Navarre Lanes, 3435 Shoreline Drive. VOTE: Ayes 5, Nays 0.
*4. #10-3482 MICHAEL GALLUS CONSTRUCTION, INC., ON BEHALF OF MATTHEW
AND MELISSA BRIGGS, 1985 FAGERNESS POINT ROAD – VARIANCES – RESOLUTION
NO. 5958
Franchot moved, Murphy seconded, to adopt RESOLUTION NO. 5958, a Resolution Granting a
Variance to Municipal Zoning Code Section 78-350, 1985 Fagerness Point Road. VOTE: Ayes 5,
Nays 0.
5. ADOPT 2008-2030 COMPREHENSIVE PLAN – RESOLUTION NO. 5959
Gaffron stated before the City Council is a resolution for final adoption of the 2008-2030 Comprehensive
Plan. The Metropolitan Council granted their final approval of the plan on August 25th, with some minor
revisions being made regarding the parks map. In addition, the amendment regarding 875 Wayzata
Boulevard property was also approved.
Gaffron noted the Metropolitan Council’s letter of approval is subject to the following recommendations
by its advisory bodies:
1. Adoption of the advisory comments for transportation and surface water management presented
in those sections of the review record. Those advisory comments include that MTS staff will use
modified traffic allocation tables for future travel demand and modeling based on the plan
update, and that the City must provide to Met Council a copy of the MCWD-approved Surface
Water Management Plan upon its adoption, which is expected to occur in October.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 2 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 3 of 14
(5. ADOPT 2008-2030 COMPREHENSIVE PLAN, Continued)
2. The City is advised to continue to participate in the Met Council Plat Monitoring Program.
3. The City is advised to work with Long Lake to resolve the intercommunity infrastructure
agreements.
4. Acceptance of the revised forecasts (for employment) as they appear in Table 2-2 of the Plan.
5. Approval for changing the Regional Development Framework planning area designation for
portions of the City of Orono from “Diversified Rural Area” to “Rural Residential” as shown on
the map attached to the Metropolitan Council Review Record dated August 17, 2010. The effect
of this change is that those areas identified in the plan update as not being within the 2008 MUSA
not within the five proposed MUSA additions shall henceforth be designated as “Rural
Residential” and therefore are not subject to the one unit per acres density restriction that
accompanies a Diversified Rural designation.
6. Approval of the City of Orono’s Tier II Comprehensive Sewer Plan.
Murphy asked Gaffron to explain the importance of changing the Regional Development Framework
planning area.
Gaffron stated the majority of the City has already been developed at a density greater than one unit per
ten acres, and for cities surrounding Orono, such as Minnetrista and Medina, because they have
significant areas of open area remaining, they are required to put properties into what is called the Urban
Reserve and designate significant areas of their cities as not developable at a higher density than one unit
per 10 acres, with the expectation that at some time in the future those areas will develop at a density of
greater than three units per acre. Gaffron noted there is only one property in Orono that is in excess of 40
acres at the present time.
Gaffron noted the resolution requires a super majority or 4/5ths vote of the Council.
McMillan asked Gaffron to give some examples of the ordinance revisions mentioned in Staff’s report.
Gaffron stated one of the things Staff will be looking at is whether there are any text changes to deal with
the mixed use designation. Staff will need to create a zoning mixed use set of standards. For other areas
of high density in the City, the City will rezone those at the time an application for rezoning comes before
the Council.
McMillan asked whether there will be any pressure to rezone those parcels before an application comes
before the City.
Gaffron stated it is highly unlikely those parcels will need to be rezoned prior to an application being
submitted.
McMillan asked Gaffron to give an overview of the agreements that were previously entered with the City
of Long Lake. McMillan noted the new comprehensive plan will be negating those agreements.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 3 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 4 of 14
(5. ADOPT 2008-2030 COMPREHENSIVE PLAN, Continued)
Gaffron indicated back in 1996 and 1997, the City established some MUSA areas. The City then added a
number of sewer projects within those boundaries between 1996 and 2005. The changes the Metropolitan
Council made in 2004 and 2006 resulted in the City not being able to develop those areas at the low
density they were guided for and some of the properties were not allowed to connect to the MUSA
system. There are currently two properties consisting of approximately seven acres located in the MUSA.
The City was told two to three years ago by the Metropolitan Council that they were denying hookup to
those properties, which is the reason for the guiding of several properties throughout the City at a higher
density, which will allow the City to meet the Metropolitan Council’s mandates for three units per acre
for overall density.
McMillan noted at that time the City was given 50 sewer units that could hook up if they were adjacent to
sewer lines. McMillan asked if those units are still applicable.
Gaffron stated those units, according to the Metropolitan Council, have been used up on previous
projects, with only a number of the projects being located within the MUSA. Staff did not consider all of
those properties as being part of those 50 units but at this point Staff does not have the ability to change
the Metropolitan Council’s decision. The 50 units are scattered throughout the city and are typically
adjacent to a city street with sewer in it but are outside of the MUSA. In the past, as people requested
sewer hookup, the City would allow them to connect and then bring them into MUSA as a group.
White commented that it is difficult to not adopt the comprehensive plan since there are a number of
properties who are waiting to hook up to the MUSA system and those hookups would not be allowed if
the plan is not approved. White noted other cities who have sued the Metropolitan Council in the past
have lost. White commented Staff and the Council is following the most prudent course for the City by
adopting the comprehensive plan.
McMillan commented that this has been a difficult process for the City and that the Metropolitan
Council’s rules have changed over the years, which mandates the City to meet certain density
requirements.
McMillan stated one of the main issues she has with the situation is that a review by the residents of the
Comprehensive Plan was somewhat rushed given the CommonBond application that was coming before
the City Council. McMillan stated she would have liked to have had a more in depth conversation
regarding the density numbers and that she has some issues with the density being guided for certain areas
in Navarre and the fire station property. The City Council subsequently lowered the density in Navarre
following some lengthy discussions.
McMillan commented it is unfortunate the discussions over the Comprehensive Plan have become
politicized and that the residents of Long Lake were frustrated by the limited public comment period.
McMillan stated the City has the ability to lower the high density numbers since the Comprehensive Plan
has a higher density than what is required by the Metropolitan Council. McMillan stated she would like
to see the density on the fire station property lowered. McMillan noted the City has to have performance
levels showing that they cannot meet that density and that in her opinion it would be easier to increase
density on properties at a later date rather than attempt to lower the density. The City Council has to
ensure that the right density is being guided for individual properties.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 4 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 5 of 14
(5. ADOPT 2008-2030 COMPREHENSIVE PLAN, Continued)
McMillan indicated the fire station parcel is located in the heart of Orono even though it is against the
highway wall. McMillan expressed a concern that the guided density will set a precedent that over time
might create higher density levels in that area. McMillan reiterated she would like to see the density
reduced on the fire station site and that she is not able to support the Comprehensive Plan at this time
since there were elements of it that were rushed and the process became politicized.
Franchot stated that while he respects Council Member McMillan’s opinion, in his view the process has
not been rushed and that Council Member McMillan’s comments are really not an accurate reflection of
the process that the City Council went through in developing the Comprehensive Plan. There were a
number of public hearings held on the Comprehensive Plan during the process. Franchot noted the two
applications that were hotly contested were never voted on and later withdrawn.
Franchot stated in his view the Comprehensive Plan has been discussed thoroughly and that it was his
understanding a number of compromises were reached.
Franchot moved, Bremer seconded, to adopt RESOLUTION NO. 5959, a Resolution Adopting the
2008-2030 City of Orono Community Management Plan.
Sam Marfield, Orono resident, asked whether the public will be allowed to comment on this item.
Mayor White noted this is not a public hearing tonight.
Bremer noted the City has received an e-mail from Siri Sturgis, 2230 Grand Avenue, and Chris Beam,
275 Harrington Circle. Both residents indicate they live near the fire station and are against the reguiding
of that property given the proposed high density.
Murphy stated he also is troubled with the comment that the Comprehensive Plan was rushed through and
noted that the City asked for two extensions in order to develop the right plan. Murphy stated there is no
question that density is an ongoing, highly emotional issue for most communities.
Murphy distributed an article from the Sun Sailor from the fall of 1978 with the headline, “Orono Won’t
Undergo Urbanization Gracefully.” The gist of the article is that Orono will not meet the demands of the
Metropolitan Council easily. Murphy stated he does not feel that philosophy has changed drastically but
that the Metropolitan Council has established new rules and regulations that make it very difficult for
cities to not reguide properties at higher densities. Murphy stated in his opinion the City is now in a
position where they need to do what they have said they are going to do and move forward.
Murphy stated the City should look at establishing a coalition with other communities and start lobbying
the Metropolitan Council for a different way to look at the density issue. The City has all the capability
as the individual applications come forward to make a determination on what the best density is for that
particular site. Murphy commented the City needs to have a strategic approach for handling the density
and that there is room to change it up or down as conditions change.
McMillan stated while the overall process lasted three years, at the time the actual density numbers were
arrived at, then it seemed like the Comprehensive Plan was rushed through. The higher density is
uncharacteristic of Orono and it opens up the possibility of large buildings being constructed on the
Dumas property. McMillan stated in her opinion the Council did not look thoroughly at where the City
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 5 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 6 of 14
(5. ADOPT 2008-2030 COMPREHENSIVE PLAN, Continued)
could negotiate with Metropolitan Council on getting what Orono wanted. While the Comprehensive
Plan protects a lot of the one unit per two acre properties, it ended up creating other high density parcels
that are uncharacteristic of Orono.
Murphy stated he basically disagrees with the comments of Council Member McMillan and that he does
not feel the process became politicized. Staff, in his opinion, has done a good job at putting together a
Comprehensive Plan that will work for Orono.
McMillan stated the City Council as well as Staff is a part of the process and that in her view the public
hearing process was rushed somewhat.
Bremer commented both council members are entitled to their opinions and that ultimately the Council
members will vote their conscience on the various applications.
VOTE: Ayes 4, Nays 1, McMillan Opposed.
PUBLIC COMMENTS ON COMPREHENSIVE PLAN
Sam Marfield, Orono, stated he was disappointed that the public did not get a chance to speak during the
discussion regarding the comprehensive plan and that a number of people are not happy with the proposed
density for the fire station site.
White stated Mr. Marfield’s comments will be added to the discussion on the Comprehensive Plan.
Michael LeQuey, P.O. Box 94, Crystal, stated he also felt the process was rushed since it went right from
the public comments to the City Council for a vote. The date on the City’s website said March for a date
on the Comprehensive Plan but that it now states a May date and that it was hard to compare each version
of the Comprehensive Plan.
Gaffron stated following the March version of the Comprehensive Plan, the changes that were made
related to the mixed use density areas, which reflected a decrease in the number of units that would be
allowed. The other minor change that was made was regarding the 875 Wayzata Boulevard property,
which increased the square footage of the building allowed on that site from 20,000 square feet to 30,000
square feet. The overall Comprehensive Plan that was published on the City’s website in March has not
changed significantly and the changes were the result of actions taken by the City Council.
Murphy asked if the density will change over the years based on the applications.
Gaffron indicated the City does have the opportunity to make amendments to the Comprehensive Plan.
LeQuey indicated he would like to see the entire lakeshore sewered.
White commented the City would also like to see that happen.
Murphy asked how many other cities have worked through two extensions.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 6 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 7 of 14
(PUBLIC COMMENTS ON COMPREHENSIVE PLAN, Continued)
Gaffron stated he is not aware of a specific number but that there are still cities that are in the approval
process. The City is now two years past the original September 2008 Metropolitan Council deadline. As
of two weeks ago, there were 166 cities, out of 184, that have approved their comprehensive plans.
Murphy asked whether Gaffron felt the process was rushed.
Gaffron stated in his view it was not.
McMillan noted there were two aspects to the Comprehensive Plan process and that while the City’s
process was slower, she has heard some comments from the public that the public comment portion of it
was rushed. McMillan indicated she also feels the public comment portion of it seemed rushed.
MAYOR/COUNCIL REPORT
Murphy stated he attended the celebration at the Harvest Moon store, which was well attended, and that it
is a beginning for new business in the collective communities of Orono and Long Lake.
McMillan suggested the work session be cancelled tomorrow night given the recent death of Mayor
White’s mother.
It was the consensus of the City Council to cancel the September 14th City Council work session.
Franchot commented he has been impressed with the work by Ron Olson on the City’s financials over the
past few months.
CITY ENGINEER’S REPORT
*6. NORTH FARM ROAD SEWER PROJCT
a. ORDER PREPARATION OF FEASIBILITY STUDY – RESOLULTION NO. 5960
Franchot moved, Murphy seconded, to adopt RESOLUTION NO. 5960, a
Resolution ordering the preparation of a feasibility report for a sanitary sewer
project to serve the North Farm Road neighborhood. VOTE: Ayes 5, Nays 0.
b. RECEIVE FEASIBILITY STUDY AND SCHEDULE PUBLIC HEARING AND
ASSESSMENT HEARING – RESOLUTION NOS. 5961 AND 5962
Franchot moved, Murphy seconded, to adopt RESOLUTION NO. 5961, a
Resolution Receiving Report and Calling Public Hearing on North Farm Road
Sewer Project. VOTE: Ayes 5, Nays 0.
Franchot moved, Murphy seconded, to adopt RESOLUTION NO. 5962, a
Resolution for Assessment Hearing on Proposed Assessment for a Sanitary Sewer
Project to Serve the North Farm Road Neighborhood. VOTE: Ayes 5, Nays 0.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 7 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 8 of 14
(*6. NORTH FARM ROAD SEWER PROJCT, Continued)
c. ORDER PREPARATION OF PLANS AND SPECIFICATIONS – RESOLUTION
NO. 5963
Franchot moved, Murphy seconded, to adopt RESOLUTION NO. 5963, a
Resolution Ordering Preparation of Plans and Specifications for the North Farm
Road Neighborhood Sanitary Sewer Improvement Project. VOTE: Ayes 5, Nays 0.
d. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT
FOR BIDS – RESOLUTION NO. 5964
Franchot moved, Murphy seconded, to adopt RESOLUTION NO. 5964, a
Resolution Approving Plans and Specifications and Ordering Advertisement for
Bids for the North Farm Road Neighborhood Sanitary Sewer Improvements.
VOTE: Ayes 5, Nays 0.
*7. REQUEST FOR PAYMNT NO. 1 AND FINAL – McCULLEY ROAD GUARDRAIL
PROJECT
Franchot moved, Murphy seconded, to approve Request for Payment No. 1 and Final for the
McCulley Road Guardrail Project, H & R Construction, in the amount of $30,738.00. VOTE:
Ayes 5, Nays 0.
8. REQUEST FOR PAYMENT NO. 1 – WILLOW DRIVE SOUTH MILL AND OVERLAY
PROJECT
Franchot moved, Murphy seconded, to approve Request for Payment No. 1 for the Willow Drive
South mill and overlay project, William Mueller and Sons, Inc., in the amount of $135,254.94.
VOTE: Ayes 5, Nays 0.
9. AUTHORIZE APPLICATION FOR BWSR WATER QUALITY GRANT –
RESOLUTION NO. 5965
Gaffron stated the City has the ability to apply for a water quality project grant. The City has established
a 10-year capital improvement plan as part of the storm water plan. Rather than wait and not receive
potential funding until 2012, Staff would like to apply for a grant now that will pay for approximately 75
percent of the costs. Gaffron noted the storm water plan will not be approved for a couple more weeks by
the Minnehaha Watershed District. Bonestroo is recommending the funds be put towards a project at the
Stubbs Bay ravine just north of the Carlson property complex.
McMillan asked if that site is private property.
Gaffron indicated it is. If the grant money is awarded, the City, as part of the design process, will need to
make sure that they obtain easements to do the work.
McMillan asked whether the property owner has been approached yet.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 8 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 9 of 14
(9. AUTHORIZE APPLICATION FOR BWSR WATER QUALITY GRANT, Continued)
Gaffron indicated in his view it is premature to contact the property owner at this time and that they
would like to design the project first. The City’s CIP acknowledges that there are 10 or 15 projects that
need to be done, and if that particular property owner does not wish to give the City the appropriate
easements, the money can be put towards a different project.
McMillan stated in her view the property owner should be notified prior to going out for the grant.
White stated once Staff has determined what the exact problem is and what the solutions are, they then
can contact the property owner. White stated in his view it is important to identify the problem and the
solution first so that the solutions are available to be provided to the property owner. White stated in his
view the common sense approach is to identify the problem, develop the solutions, and then approach the
property owner to see if they are willing to go ahead with the project.
McMillan commented in her view it would not be harmful to notify the property owner prior to applying
for the grant.
White noted this has been the City’s procedure for years.
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5965, a Resolution Authorizing
Submission of Application for Board of Water and Soil Resources FY-2011 Clean Water Fund
Grant. VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR’S REPORT
10. ADOPT 2011 TAX LEVY AND BUDGET – RESOLUTION NOS. 5966 AND 5967
Olson noted the City Council will need to adopt the 2011 preliminary tax levy and budget by
September 15th. The levy can be decreased at any time up until December but it cannot be increased.
There are two budgets before the City Council tonight. The first budget was discussed at the August 10th
work session, with the exception being that the funding for the LMA has been eliminated as well as the
contribution to Community Mediation Services. Olson noted he requested information from them twice
and did not receive it. In addition, some staffing changes were made and the budget has been revised to
reflect that. With those changes, the general fund budget as presented in the memo tonight is an increase
of .48 percent. The Council will need to pass the 1.47 percent increase in the levy if they want to achieve
the .48 percent increase in the general fund budget. The City’s actual levy limit is a little bit higher next
year due to some construction projects.
Olson indicated he also created a budget showing a zero percent increase in the levy by eliminating the
wage increases for employees and eliminating the insurance contribution increase, which total
approximately $50,000 of the increase in the general fund budget. Olson stated Staff has gone through
the budget with a fine-tooth comb and it would be difficult to find additional cuts. In addition, there is
still a $320,000 deficit due to the decision by Long Lake to go with police protection from the City of
Wayzata rather than Orono.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 9 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 10 of 14
(10. ADOPT 2011 TAX LEVY AND BUDGET, Continued)
Murphy stated in his view the first preliminary budget should be adopted given Mr. Olson’s statement
that a solution needs to be arrived at with the $320,000 shortfall with the police department. Murphy
noted the police chief is working on a couple of different options to reduce their budget at the present
time.
Bremer indicated she is in agreement with Council Member Murphy and that the $50,000 represents a one
percent increase, which is minimal.
Olson stated in all likelihood the union will go to arbitration if the City proposes a zero percent increase
with no increase in insurance. Olson stated the costs to go through arbitration will more than likely equal
the one percent increase.
Bremer stated she does not want the City to be in a position where they lose staff given the nominal
increases and that the employees need to be compensated appropriately, especially given the cut in the
Planning Department.
Murphy distributed a 10-year chart depicting the number of city employees and noted the City has done
an excellent job in controlling costs over the years.
McMillan commented reducing staff and the number of employees is not always a win/win for the
residents and the City. McMillan indicated she is very cognizant of what is going on in the surrounding
communities with the economy and that a number of them are proposing a zero percent increase. Local
governments need to respond to the needs of the taxpayer given the poor economy. Orono’s tax base is
shrinking, which is causing an increased tax levy. McMillan stated it is time that elected officials respond
to the needs and cut back wherever possible.
McMillan commented that in her view this year is the year to do a zero percent levy increase and that it is
important for the City Council to show the residents that Orono is keeping track of the bottom line. The
last thing the residents want now are additional taxes and the City needs to pay attention to that.
McMillan stated she would like to keep the level of services as is but keep taxes as low as possible.
Bremer asked if Council Member McMillan understands that she is saying no to an increase in salary for
the Staff and a no to an increase in health insurance contributions.
McMillan indicated she does understand that, and noted there was an increase in 2010.
Bremer stated the insurance contributions would go up quite a bit for the individual Staff members
without the increase. Bremer stated given the economy, when you have 46 people, you need the best 46
people you can get. When people are let go because of financial reasons, you need 46 employees who are
happy with their job and are willing to stay. Bremer stated a one percent increase is not an outlandish
increase.
Franchot indicated he is in agreement with Council Member Bremer and that the people who get the
opportunities are typically the best people and that the City does need to stay competitive. Franchot
stated in his view this conversation is somewhat odd and that he does not understand why the City would
not approve the maximum levy in order to retain some flexibility with the budget. Franchot stated in his
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 10 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 11 of 14
(10. ADOPT 2011 TAX LEVY AND BUDGET, Continued)
opinion there is no reason to not approve option one since it gives the City some flexibility, especially
given the shortfall with the police department.
Franchot stated while it is easy to talk about holding things to zero, the City needs ideas for where that
money is going to come from. Franchot reiterated the City Council should go with option one to leave
the options open.
White noted every year the City has typically approved a higher levy than what was adopted since it does
give the City some flexibility in developing the budget. White stated the City will do its best job at
keeping expenses down and that currently Orono has one of the lowest tax rates in the metro area.
Murphy moved, Franchot seconded, to approve Option 1 and adopt RESOLUTION NO. 5966, a
Resolution Adopting the Proposed 2010 Tax Levy Collectible in 2011, and to adopt RESOLUTION
NO. 5967, a Resolution to Adopt the Proposed 2010 General Fund Budget. VOTE: Ayes 4, Nays 1,
McMillan Opposed.
11. NO PARKING ZONE ON KELLEY PARKWAY – RESOLUTION NO. 5968
Franchot moved, Murphy seconded, to approve RESOLUTION NO. 5968, a Resolution
Authorizing the Installation of Signs Prohibiting Parking on the South Side of Kelley Parkway.
VOTE: Ayes 5, Nays 0.
12. METROPOLITAN LIVABLE COMMUNITIES PROGRAM PARTICIPATION
Gaffron stated the City has participated every year in this program and that this year marks the end of the
original period for goal setting. The City has been asked by the Metropolitan Council to establish new
housing goals for 2011 to 2020 if they are going to participate in this program. The Metropolitan Council
have defined what they believe the correct goals are.
All cities and townships within the 7-county Metropolitan Council jurisdictional area are annually
requested to complete a Livable Communities Act Survey, which is used to produce Housing
Performance Scores for each community and assist the Metropolitan Council in developing household
and population estimates. Housing Performance Scores are one of the facts considered when the
Metropolitan Council evaluates and ranks applications for competitive funding programs.
The Metropolitan Council has established that Orono’s fair share of the projected affordable housing
needs for the metro area between now and 2020 is 311 units. Based on an acknowledgement that there is
limited funding available for development of affordable housing, the Metropolitan Council has asked that
Orono establish its affordable housing goal as a range of 202-311 units.
The Metropolitan Council has also asked Orono to set a life-cycle housing goal in the range of 311-750
units for the period 2011-2020.
McMillan asked if the City would be able to look at this being more tailored to Orono by perhaps
negotiating some goal numbers or rehabbing some existing properties with some of the grant money.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 11 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 12 of 14
(12. METROPOLITAN LIVABLE COMMUNITIES PROGRAM PARTICIPATION, Continued)
Murphy stated he is in agreement with Council Member McMillan and that not too many people
understand the nuances between these different housing goals. The City should decide whether they want
to actively pursue some of these goals or not. Murphy stated it would be a struggle to find any pockets of
the community that would want the City to spend money helping to put affordable housing in the city.
Murphy stated in his view this should be looked at further in a work session given the possible
implications. Murphy commented he is not sure where the City is going to get the money to meet the
goals of the Metropolitan Council.
McMillan stated she visited the CommonBond open house in Wayzata and that they did a great job of
rehabbing the existing building. McMillan stated if you look at it from that point of view, that there are
existing buildings within the city that could be rehabbed, it may be easier to accomplish affordable
housing rather than by constructing new housing on subsidized land. McMillan stated there is no reason
why that could not be done in areas of Orono.
Franchot stated his understanding of the Metropolitan Livable Communities Program is that if the City
continues their participation, as the City looks at varying housing opportunities, they would be able to
look for grants and additional funding. In order to join that group, the City needs to allocate a certain
amount of money.
Franchot commented that he does feel discussion of the program is useful and that in order for Orono to
meet the needs of lots of people, they do need to have a serious discussion about affordable and lifecycle
housing. Franchot stated the program does not dictate strategies for density but that it is just giving the
City the ability to take advantage of grant money that may be available.
Gaffron stated that is accurate.
Bremer noted they have not applied for any funding under this program since 2000.
McMillan commented she would like to see some theoretical situations that could work in Orono as it
relates to some of the housing goals.
Gaffron stated Staff could provide additional information on the program. The Metropolitan Council has
funded approximately 200 projects in the last 10 years and they provided a synopsis of that to Staff. In
addition, a representative could come out to a work session to discuss affordable and lifestyle housing.
Gaffron noted there is an October 1st deadline but that there probably is some flexibility.
Bremer asked Staff to find out if the deadline is actually October 1st or whether it can be delayed.
Murphy noted this is a volunteer program administered by the Metropolitan Council that provides the
City with the opportunity to compete for grants and loans to support activities that help the City meet its
affordable and lifecycle housing goals. Murphy commented in his view the City needs to have a serious
discussion on how they want to achieve those goals.
The City Council took no formal action on this item.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 12 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 13 of 14
13. LAKE MINNETONKA COMMUNICATIONS COMMISSION (LMCC) 2011 BUDGET
APPROVAL
Murphy stated he would like to call attention to the fact that the City could find itself in a creeping
arrangement here with a 10 percent increase this year and then another 10 percent increase next year.
Murphy stated this is the highest percentage for a budget increase of all the things that the City will do
this year and that he has some concerns with where it is going.
Franchot noted he did vote for this budget under duress, and that in order to balance the budget, there is a
$42,000 transfer from the reserve fund. The transfer is to pay the mortgage costs on the building that the
organization purchased last year. Franchot stated in his view purchasing the building was a good decision
but that the overall budget could be improved. The status of the fiber optics is something that the
communities do need to address and that the Board has authorized the LMCC to do a market survey to see
what the level of interest is. Franchot noted this money is not money that can be used elsewhere and that
the organization is funded solely through the fees that are generated as part of the cable franchise.
Murphy stated there is no question that people want high-speed internet everywhere but that it is a very
expensive proposition.
Franchot stated in his view it is an infrastructure issue and not a service issue.
Bremer moved, Franchot seconded, to approve the 2011 Lake Minnetonka Communications
Commission budget. VOTE: Ayes 3, Nays 2, White and Murphy Opposed.
*14. LIQUIDATION OF FORFEITED VEHICLES
Franchot moved, Murphy seconded, to approve the liquidation of two forfeited vehicles through
public bid process and/or Minneapolis Auto Auction. VOTE: Ayes 5, Nays 0.
15. PLANS FOR DEDICATION OF LURTON PARK
Murphy asked whether the City should consider a conservation easement on this property or if they feel
comfortable that future councils will not want to turn it into a dog park or something else.
Franchot stated he would like to look at selling a conservation easement to acquire funds to help acquire
the Lupient property.
McMillan commented the City should focus on getting the park up and running in the near future.
Mattick stated in order to preserve the park, the Council would need to grant the easement to a third party.
The City would actually be paying someone to take the easement to manage the park.
Gaffron noted there was a memo in the Council’s work session packet on this issue and that this item can
be put on a future City Council work session agenda.
Bremer moved, Murphy seconded, to authorize Staff to proceed with improvements to Lurton
Park, including entrance sign, a small parking area, and picnic tables. VOTE: Ayes 5, Nays 0.
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 13 of 14]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 13, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 14 of 14
CITY ATTORNEY’S REPORT
City Attorney Mattick had nothing to report.
*16. LICENSES & PERMITS
There were no licenses.
*17. BILLS
Franchot moved, Murphy seconded, to approve payment of the All Funds account. VOTE: Ayes 5,
Nays 0.
ADJOURNMENT
Murphy moved, Bremer seconded, to adjourn the City Council meeting at 8:42 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
_____________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 09/27/2010
Approval of Council Minutes 09/13/2010 [Page 14 of 14]
Item #03 - CC Agenda - 09/27/2010
Preparation of Assessment Roll for North Farm Road Sewer Project
[Page 1 of 2]
Item #03 - CC Agenda - 09/27/2010
Preparation of Assessment Roll for North Farm Road Sewer Project
[Page 2 of 2]
Item #04 - CC Agenda - 09/27/2010
Planning Department - Consultant Planner Agreement
[Page 1 of 5]
Item #04 - CC Agenda - 09/27/2010
Planning Department - Consultant Planner Agreement
[Page 2 of 5]
Item #04 - CC Agenda - 09/27/2010
Planning Department - Consultant Planner Agreement
[Page 3 of 5]
Item #04 - CC Agenda - 09/27/2010
Planning Department - Consultant Planner Agreement
[Page 4 of 5]
Item #04 - CC Agenda - 09/27/2010
Planning Department - Consultant Planner Agreement
[Page 5 of 5]
Item #05 - CC Agenda - 09/27/2010
Liquidation of Forfeited Vehicles [Page 1 of 1]
Item #06 - CC Agenda - 09/27/2010
Appointment of Election Judges [Page 1 of 3]
Item #06 - CC Agenda - 09/27/2010
Appointment of Election Judges [Page 2 of 3]
Item #06 - CC Agenda - 09/27/2010
Appointment of Election Judges [Page 3 of 3]
Item #07 - CC Agenda - 09/27/2010
Appoint Absentee Ballot Board [Page 1 of 3]
Item #07 - CC Agenda - 09/27/2010
Appoint Absentee Ballot Board [Page 2 of 3]
Item #07 - CC Agenda - 09/27/2010
Appoint Absentee Ballot Board [Page 3 of 3]
Item #08 - CC Agenda - 09/27/2010
Lurton Park Improvements [Page 1 of 1]
Item #08 - CC Agenda - 09/27/2010
Lurton Park Improvements [Page 1 of 1]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 1 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 2 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 3 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 4 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 5 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 6 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 7 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 8 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 9 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 10 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 11 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 12 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 13 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 14 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 15 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 16 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 17 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 18 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 19 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 20 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 21 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 22 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 23 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 24 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 25 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 26 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 27 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 28 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 29 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 30 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 31 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 32 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 33 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 34 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 35 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 36 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 37 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 38 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 39 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 40 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 41 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 42 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 43 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 44 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 45 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 46 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 47 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 48 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 49 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 50 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 51 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 52 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 53 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 54 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 55 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 56 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 57 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 58 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 59 of 60]
Item #09 - CC Agenda - 09/27/2010
Metropolitan Livable Communities Program Participation
[Page 60 of 60]
Item #10 - CC Agenda - 09/27/2010
Licenses & Permits [Page 1 of 2]
Item #10 - CC Agenda - 09/27/2010
Licenses & Permits [Page 2 of 2]
Item #11 - CC Agenda - 09/27/2010
Bills [Page 1 of 7]
Item #11 - CC Agenda - 09/27/2010
Bills [Page 2 of 7]
Item #11 - CC Agenda - 09/27/2010
Bills [Page 3 of 7]
Item #11 - CC Agenda - 09/27/2010
Bills [Page 4 of 7]
Item #11 - CC Agenda - 09/27/2010
Bills [Page 5 of 7]
Item #11 - CC Agenda - 09/27/2010
Bills [Page 6 of 7]
Item #11 - CC Agenda - 09/27/2010
Bills [Page 7 of 7]