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HomeMy WebLinkAbout02-14-2011 Council Packet PUBLIC ATTENDANCE MEETING DATE o�� ��" �� �--�COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER ., . � � �.� L�� � , ' - �-�l � ��. . . � � __ , . � ,} ;� ;�. r--� ���`,,'�7�..;� -��,� _ ,c . �..; _� _ .. �.�'�n i�/ti� � � �`�`�111����' _! �) LJ �' �:�i �7 �� �t V � n � 3, �t�h�,�n� c o-��S 6,� ��'7��� G��;;<j-� �;_� ��'- - L�� 4. ��3�.���.� �`��a...,,��. �`-t3s s }�����.,,z ���� �� 5. —�-; .�,,,. L.�.,.,a:�L�, � _, 4��r � � �"�,_:� ,� `��,.� �. � 1 �Lv�� c_� -�_ v�:c' �' � .,.... � 6. `���� ��i't ��-"�'� 1J�,� ���! 7. 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS�\(FORMS)\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, February 14, 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 Approval of Agenda 1. Consent Agenda – 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. Council Work Session of January 24, 2011 * 3. Regular Council Meeting of January 24, 2011 * 4. Special Council Meeting of January 31, 2011 Presentation 5. LMCC Process to Televise City Council Meetings – Jim Lundberg 6. Westonka Schools Update – Kevin Borg, Superintendent LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Kim Kang, Representative Public Comments – (Limit 5 Minutes Per Person) Planning Department Report 7. #11-3496 City of Orono, Amend City Code 78-71, Nonconforming Structures and Uses – Ordinance 8. Barry Tanner, 3435 Shoreline Drive – Appeal of Administrative Decision 9. Purchase of 2009 Aerial Photos City Engineer’s Report 10. Old Crystal Bay Road Reconstruction Plan Update 11. Bid Award – Street Maintenance Materials Bid 2011 Mayor/Council Report 8:00 P.M. – HRA Annual Meeting City Administrator's Report 12. Evidential Breath Tester Instrument Agreement 13. Police Department Equitable Sharing Agreement 14. Accept Resignation of Officer Eric Pike Agenda for Council Meeting Set for Monday, February 14, 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 15. Request to Call Back (Hire) Police Officer 16. 2010 Financial Report 17. Western Communities Action Network (WeCAN) Request for Support 18. Big Island – Removal of Structures City Attorney's Report 19. Licenses & Permits Kennel Licenses * 20. Bills Closed Meeting 21. Labor Negotiations Adjournment Upcoming Issues and Events 2011 02/14 – Council Work Session, Monday, 5:00 p.m. 02/14 – Council Meeting, Monday, 7:00 p.m. 02/21 – HOLIDAY, Monday, Presidents’ Day 02/22 – Planning Commission Meeting, Tuesday, 6:30 p.m. (Council Liaison – Cynthia Bremer) 02/28 – Council Meeting, Monday, 7:00 p.m. 03/02 – Joint Council and Planning Commission Work Session, Wednesday, 5:30 p.m. 03/14 – Council Work Session, Monday, 6:00 p.m. 03/14 – Council Meeting, Monday, 7:00 p.m. 03/21 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor McMillan) 03/28 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE   ORONO CITY COUNCIL WORK SESSION  Monday, January 24, 2011  5:00 p.m.    Page 1 of 1  Present: Mayor Lili McMillan, Council Members Cynthia Bremer, Doug Franchot, Aaron Printup and City  Administrator Jessica Loftus    Council conducted interviews with four of the eight applicants for the open seat on the Orono City Council.  The  applicants who were interviewed are Elizabeth Levang, Kim Kang, Richard Pula and Jeanne Mabusth.    The meeting closed at 7:00 p.m.    ATTEST:  ________________________________________ _______________________________________  Linda S. Vee, City Clerk     Lili Tod McMillan, Mayor  Item #02 - CC Agenda - 02/14/2011 Approve Council Work Session Minutes 01/24/2011 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 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 Lili Tod McMillan, Council Members Cynthia Bremer, Doug Franchot, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, City Attorney Andrea Poehler, City Clerk Lin Vee, Assistant City Administrator of Long-Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 6, 9, and 10 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Bremer moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF JANUARY 10, 2011 Bremer moved, Printup seconded, to approve the minutes of the City Council work session of January 10, 2011, as submitted. VOTE: Ayes 4, Nays 0. 3. REGULAR COUNCIL MEETING OF JANUARY 10, 2011 Printup requested that Paragraph 4 on Page 4 of the minutes be amended to clarify his statement and state that “spending money to make Old Crystal Bay Road more attractive is not appropriate and that safety of the road is the most appropriate.” Franchot moved, Printup seconded, to approve the minutes of the regular City Council meeting of January 10, 2011, as amended. VOTE: Ayes 4, Nays 0. PRESENTATION 4. GILLESPIE CENTER – 2010 REPORT Harold Pellett, TGC Co-President, and Donna Smith, Gillespie Center, were present. Pellett invited the City Council to a new event entitled Family Night Out scheduled for Thursday, January 27th. Homemade soups and sandwiches will be for sale and there will be music and games as well as other activities. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 1 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 15 (4. GILLESPIE CENTER – 2010 REPORT, Continued) Pellett noted he did submit a written report regarding the financial condition of the Gillespie Center to the City. The Gillespie Center’s unrestricted fund balance is at $246,000, which also serves as a building reserve account. Pellett thanked the Orono City Council for their financial contribution to the center, which has enabled them to continue to provide services to the residents of the community. This past year a separate contract was entered into with the Cities of Mound and Spring Park, and a significant portion of that money has gone into creating an endowment account. In addition to the financial contributions by the various cities, the Gillespie Center has also had several fundraising events, but given the poor economy, they were not able to raise as much as they had in 2009. The income received from memberships helps offset approximately half of the cost of utilities. Donations, in conjunction with the membership fees, paid approximately 42 percent of the building operation costs in 2010. Pellett noted the total amount of expenses for the Gillespie Center was approximately $130,000 in 2010, with the contributions by the cities coming to $90,570. Pellett pointed out they are able to provide as many services as they do in large part to the large number of volunteers that help out at the center. Franchot noted that the City’s contribution was to provide financial help to the Center and that it would be difficult at some point in the future to continue to provide financial assistance as the endowment fund grows. McMillan asked whether Mound and Spring Park will be contributing a similar amount in 2011. Pellett indicated Mound and Spring Park entered into a two-year contract in 2010. McMillan asked whether the Meals on Wheels program is a separate program from the services provided by the Gillespie Center. Donna Smith stated the Gillespie Center has a contract with Senior Community Services, SCS, to provide the Meals on Wheels program and they currently provide approximately 30 meals a week to residents throughout the community. Smith commented they have made enormous strides in improving the services offered by the Center based on the financial contributions by the cities. Some of the upcoming fundraising events include a Hawaiian beach party, a quilting event, lunch cruises, a golf tournament, and a boutique. The Center is also open to private events such as weddings. The Center also offers card parties, breakfast and lunch, and exercise classes. PLANNING COMMISSION COMMENTS – JOHN THIESSE, REPRESENTATIVE Thiesse stated he had nothing to report but would be available for questions. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 2 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 15 PUBLIC COMMENTS Ralph Kempf, 3675 Togo Road, addressed the City Council regarding the long-term vision for the Navarre area. Kempf indicated on Sunday he visited the Navarre Bowling Alley, which has turned into a nice addition to the community and offers some recreational fun for children and their parents. Kempf stated he also drove around other areas of Navarre that day and discovered that there is a great diversity of businesses located there, ranging from a hair salon, a coffee shop, an auto parts store, a liquor store, a grocery store, a hardware store, a tavern/restaurant, a design studio, a glass shop, an insurance agency, a local bank, a couple fast food restaurants, and three gas stations. A major concern among the citizens of Navarre is safety, especially given the amount of traffic and the new addition of the Dakota Trail. Currently there is a sidewalk that runs from the Navarre business district, past the park, and within one block of the trail. Given the amount and speed of traffic in that area, pedestrian safety is a big concern. Kempf encouraged the City Council to look at that area to see what improvements could be made, especially at the intersection of County Road 19 and County Road 51. The amount of traffic through that area is expected to increase significantly in the coming years. Kempf encouraged the City Council to develop a long-term plan for the Navarre area. Franchot noted City Code states that only two gas stations are to be allowed at any intersection, and asked what the rationale was for the City approving three in that area. Franchot concurred that the City does need to take a look at the Navarre area. Gaffron stated to his knowledge the City Council did have a lengthy discussion about allowing three gas stations in that area and finally came to the conclusion that it would be allowed. Gaffron agreed the City should revisit the goals for Navarre. Bremer noted the Dakota Trail has been added to that area since the last time the Council discussed the long-term vision for Navarre, and that now would be a good time to look at the area again. PLANNING DEPARTMENT REPORT 5. #11-3495 CITY OF ORONO, AMEND CITY CODE SECTION 78-43 VOTING REQUIREMENTS – ORDINANCE NO. 84, THIRD SERIES Curtis stated currently Orono’s City Code requires a two-thirds vote of the entire Council for adoption of new zoning ordinances and amendments. This is inconsistent with the requirements in MN State Statute Chapter 462. The City Attorney has proposed revised language that would be consistent with state statute. The proposed language requires a simple majority vote for zoning code adoption or amendments. A two- thirds vote of the entire Council is still required for changes in zoning district classification from residential to either commercial or industrial zoning. McMillan asked whether state statute has changed recently making Orono’s Code inconsistent. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 3 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 15 (5. #11-3495 CITY OF ORONO, AMEND CITY CODE SECTION 78-43 VOTING REQUIREMENTS, Continued) City Attorney Poehler noted the state statute was changed a number of years ago and that it is likely this section of the code was overlooked and not updated. Poehler indicated there was also some question at the time the statute was enacted as to whether it was mandatory, and recently the attorney general has indicated that it is, which has led to the updating of Orono’s City Code. Bremer moved, Franchot seconded, to adopt ORDINANCE NO. 84, Third Series, an Ordinance Changing Voting Requirements for the Amendment of Zoning Ordinances. VOTE: Ayes 4, Nays 0. *6. #11-3497 CHOICE WOOD COMPANIES ON BEHALF OF WILLIAM TRUBECK, 3300 FOX STREET – CONDITIONAL USE PERMIT – RESOLUTION NO. 6023 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6023, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-303(3)(A), for the property located at 3300 Fox Street. VOTE: Ayes 4, Nays 0. 7. HARDCOVER ORDINANCE REVISION AND CONSULTANT PLANNER UPDATE Curtis stated the City of Orono has been regulating hardcover on shore land properties since the mid 1970s. While the basic premise of limiting each setback zone to a specific percentage of hardcover has not changed, the City’s administrative policies and definitions have evolved. At this time Staff is proposing an in-depth review and analysis of the City’s hardcover regulations and philosophy. We feel this is important in light of the recent Supreme Court ruling on variances, in order to be responsive to new technologies regarding storm water management and pervious pavements, to meet the Council’s goal to have Orono viewed as an innovative leader and excellent steward of the environment, to respond to the DNR’s update of the shore land rules and to generally refresh our views on hardcover regulations. In August the City Council authorized Staff to use a planning consultant to support the Planning Department on an as-needed basis. The Council asked to be updated on how this consultant was being utilized. Attached are invoices reflecting $1,034 of incurred charges for planning support from August through December 2010. The 2011 budget allocates $35,000 for planning consultant services. The estimated planning consultant cost for this project is $8,000. Staff feels that this project, plus any additional general planning assistance for 2011, will be within the budgeted amount. Staff would like to establish a diverse focus group made up of members of the Council and Planning Commission, a few lakeshore property owners, and perhaps some local industry professionals in order to have a well-rounded perspective. The focus group’s main goal will be to do the heavy lifting on the development of the hardcover ordinance. Staff would like to incorporate a variety of public participation opportunities, such as e-mail, informational open houses, newsletter articles, etc. A public hearing will ultimately be held before the Planning Commission once the ordinance is in draft form. The Council should consider directing Staff to proceed with the hardcover ordinance update in accordance with the draft timeline, authorize the planning consultant to head the project, and determine a Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 4 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 15 (7. HARDCOVER ORDINANCE REVISION AND CONSULTANT PLANNER UPDATE, Continued) date for the joint Council and Planning Commission work session tentatively scheduled for March 2nd or March 14th. Franchot stated in his view this is a good idea and suggested that it be called a citizen task force. McMillan asked whether any parameters have been set for the task group. Curtis indicated it is Staff’s recommendation that one or two city council members be on the task force as well as some lakeshore property owners and representatives from different types of local businesses. Printup asked what amount of interest the City has received on this initiative thus far. Curtis stated there was good interest displayed when this was first placed on the City’s web site, which has since slowed down. It is the intention of Staff to send out some e-mail notices and other things to help generate more interest and participation in the task force. Informational meetings will also be held. Franchot asked at what point in the process the LMCD and the MCWD would become involved. Curtis indicated Staff has already contacted both organizations and was told that they would be participating in the process. McMillan recommended that pervious pavers and other new technology be looked at. McMillan also suggested that the City should promote to a greater degree good environmental behavior by the local residents. Curtis stated they would like to get industry leaders and builders involved on the task force as well to get their input. McMillan stated as it relates to the joint work session with the Planning Commission, she would prefer to schedule it for March 2nd and to leave the 14th open to discuss goal setting. Curtis noted the Planning Commission’s work session is scheduled for March 2nd from 5:30 to 7:00. Bremer moved, Printup seconded, to schedule a joint work session with the Planning Commission for March 2, 2011, from 5:30 to 7:00, and to direct Staff to proceed with the hardcover ordinance update in accordance with the draft timeline and to authorize the planning consultant to head the project. VOTE: Ayes 4, Nays 0. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 5 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 15 CITY ENGINEER’S REPORT 8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE Kellogg noted this item was discussed as the last City Council meeting where different median and landscaping was discussed in length. Comments have been received from the fire chief on the proposed layout of the road and Three Rivers Park representatives have also been given plans for their comments on the realignment of the trail. Two meetings were also held with representatives of the School District and the owner of the medical facility. Based on those discussions and input, some revisions have been made to the plans. Those revisions were based largely on the suggestions by the School District. A transportation consultant has been hired by the School District and he has made some recommendations on how to improve the drop-off and pickup sites at the various schools. Kellogg noted today was their tentative deadline for submitting the plans to the Watershed District and stated that the plans need to be finalized in the very near future if the road is to be completed before the start of the 2011 school year. Kellogg displayed the current design of the roadway. The southern layout of the road will primarily remain the same. The primary entrance for the elementary students will be via the roundabout, which also needs to allow for semi-trailers. The concern of the medical center was whether westbound traffic on Kelley Parkway could make a left turn, which is the case. Signage will be erected to better facilitate traffic in and out of that site. The plans will be revised to include a third smaller roundabout in front of the middle school to allow for an exit at that location. If a car is northbound on Old Crystal Bay Road, they would be required to back track to access the middle school lot, which increased a car’s time on the road by an additional 60 to 70 seconds. The smaller roundabout would decrease that time by approximately half. That roundabout also addresses the concerns of the fire chief to allow for faster access to that area. McMillan noted the School District has reviewed the plans a little bit earlier tonight and asked whether they had any comments regarding the plans. Tom Stringer, Business Manager, stated they appreciated the opportunity to provide input on the plans and that in their view the third roundabout will help with the traffic flow and cut down on the time it takes to drop off and pick up the students. Franchot asked whether the School District has any input on the median and landscaping. Stringer stated the School District sees that more as a city decision. Kellogg stated at the last meeting they discussed median options and whether the median should be narrow or wider to allow for landscaping. The feasibility study did look at three different median/landscaping options ranging from $200,000 to $700,000. The direction from the City Council was that they wanted to have the median wide enough to allow for some landscaping at some point in the future. At the last meeting the City Council discussed their desire for low maintenance, inexpensive Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 6 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) forms of landscaping without the need for irrigation. Since that time, a question has arose on whether the median should be made narrower and forego the landscaping. Kellogg indicated the City Council will need to make a decision on that issue either tonight or in the next few days if they wish to meet the schedule outlined in the feasibility study. John Slack, Landscape Architect with Bonestroo, presented different boulevard and roundabout treatments that address traffic/pedestrian safety and prevention of midblock pedestrian crossings. Slack stated median treatments are possible without irrigation, but they typically do not recommend that. Typically a maintenance plan is included as part of the construction, which requires the landscape contractor to provide irrigation for a year or two after the project is completed to ensure that the landscaping is established prior to the irrigation being discontinued. Slack stated they looked at three different options for the median treatments to address those two primary concerns. The first option would be strictly plantings, the second option would be land forms, and the third option included a combination of the two. Slack displayed the first option depicting trees in the median and along the boulevard. The roundabouts would include a cluster of trees and some low lying shrubs. The second option would incorporate some metal fencing to help prevent pedestrian crossings at undesired locations. Slack noted there are a number of existing trees, which will largely remain. The purpose of the trees is to create a canopy and a closure, which helps to slow traffic down and helps separate the pedestrians on the trail from the roadway. Slack displayed an illustration of one of the larger roundabouts depicting a cluster of trees on the top and a circle of smaller shrubs towards the edge of the roundabout. Slack indicated the shrubs they are proposing would be low maintenance. Slack displayed a mid block section depicting a row of trees and a land form consisting of a metal fence, which is on the lower end of the cost spectrum. Slack indicated the last sheet of the packet includes a cost analysis for the various options. The cost is around $186,000 for a combination of the plantings and the land form. Slack noted these costs are lower than what was projected in the feasibility study. If the cable railing is eliminated, it would reduce the costs by $36,000 to $40,000. The cost of the trees is approximately $76,000, which could be reduced depending on the number of trees. Franchot asked what the width of the median is that was used in the cost analysis. Slack indicated it is 10 feet wide from curb to curb. Kellogg stated based on past discussions, it was felt that a median between eight and ten feet would be the best approach to allow for some type of landscaping in the future. Franchot asked what the cost of the project would be with a bare concrete median and no landscaping. Kellogg stated at a minimum the median should be four feet wide, which could consist of concrete or colored concrete. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 7 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) Franchot asked whether that would include a barrier of any type. Kellogg indicated the curb would serve as the barrier in that instance. Kellogg stated the cable railing could also be added at certain points to serve as a barrier. Kellogg stated in his opinion if there is not a barrier of some type, it would encourage people to cross at undesired locations. Printup asked what the costs would be associated with that option. Kellogg indicated they have not come up with any cost estimates since the four foot median was only brought up as an option on Friday. McMillan asked what their experience typically has been with that type of median. Slack stated the cable railing could be added at between 60 to 80 dollars a lineal foot. The median would likely be filled in with concrete since large aggregate probably would not be ideal in this situation. Kellogg stated concrete would likely cost between four to six dollars a foot. McMillan asked if four feet is the narrowest the median could be. Kellogg stated a four foot median would allow for some type of refuge for pedestrians crossing but that the median could be made slightly smaller. Kellogg noted that some type of separation needs to be provided between the two lanes. McMillan stated there are some material options that could be utilized to help maintain the rural look of Orono. McMillan cited an example with the bridge on the Dakota Trail being designed with colored concrete that took on a more rustic look. Kellogg stated the Council would be looking at $40,000 to $50,000 for a concrete median. Slack stated if the railing were added, the cost would be approximately $80,000 to $85,000. Printup asked whether the fire chief is okay with the plan. Loftus stated she has spoken with the fire chief but he has not provided written comments. Printup asked whether the third roundabout was discussed with the fire chief. Kellogg stated the only concern raised by the fire chief was the ability to access the parking lot by the middle school and that the third roundabout has since been added, which should address his concerns. Printup asked whether the School District has any skin in the game. Kellogg noted they have met with representatives from the School District approximately seven times. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 8 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) Franchot pointed out the School District will be responsible for constructing the west side bike path. Kellogg noted the School District will also be making some improvements on the school grounds themselves in conjunction with this project. McMillan stated the main two issues for the City Council to decide tonight is the width of the median and the amount of money they would like to spend on this portion of the project. McMillan asked whether there are any limitations on the MSA money the City would receive. Kellogg indicated there are limitations on the MSA money. The City is able to spend as much money on landscaping as they would like, but the reimbursement would be limited to five percent annually of what the City’s allotment is. If the City receives $200,000 in MSA money, the City would be reimbursed $12,500 annually. The majority of the street improvement costs are state aid eligible and 100 percent reimbursable. Kellogg indicated there is a limit on the amount of reimbursement for costs associated with landscaping. Franchot asked how much this project would cost Orono as opposed to money the City would receive from other sources. Kellogg stated that was covered in the feasibility study under option two. As it relates to costs, the sanitary sewer was estimated to be $184,000, which would consist of funds from the sanitary sewer fund. The water main was estimated at approximately $200,000, which would come from the water main fund, and the storm sewer was estimated at $355,000, which would be partially eligible for state aid. The rest would need to come from the storm water utility fund. The street improvements identified in the feasibility report were $2.3 million and did not include any landscaping. The bond sale for this project was $1.6 million. Loftus asked for clarification on the cap that the City is allowed to maintain. Kellogg stated the City would be penalized if they keep more than $1.5 million or five times the City’s annual state aid allotment. Printup asked if the project has to be completed by the end of the year in order to receive the state aid. Kellogg stated the constraints on this project are more time constraints given the school’s schedule and the limited amount of time they have to complete the project. Franchot commented during the course of the discussion over the past few months, he has been impressed by the contributions of the various parties and the plan that has been arrived at. Franchot stated in his opinion it would be a serious mistake to treat the landscaping as cheaply as possible and that a concrete median would not be in keeping with Orono’s rural character and would add to the hardcover in the area. Franchot stated in his view there needs to be some type of barrier in the median to discourage pedestrian crossings at undesired locations and that the basic concept that has been presented tonight is attractive and Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 9 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) reasonably priced. Franchot suggested drip irrigation be considered as opposed to spray irrigation, which would help to reduce water usage. Printup asked whether there is a way to do the landscaping and the median treatments without vegetation this summer and having involvement from the community landscape it at some point in the future. Kellogg indicated that was the direction they had received from the Council last fall when the project was initially approved. Kellogg stated the landscaping/median costs outlined in the feasibility study were considered too expensive. Kellogg stated another option would be to include the landscaping as an alternate. Franchot commented he has a concern with the amount of community involvement they would actually get. Printup stated safety is the main concern with the road. Printup expressed a concern that residents without students attending Orono schools would pay for landscaping this road. Franchot indicated the past philosophy of the City has been that the residents of the City would share in these types of expenses rather than just paying for what goes in front of their property. Franchot noted that another similar project was completed on Casco Point Road. Franchot stated in his view this is not an egregious use of funds since it is the educational center of the city and provides access to city hall and is likely the most public street in the city since there are no private residences located on the roadway. Bremer indicated she is in agreement with Council Member Franchot but that she has a concern with the number of trees being proposed. Bremer stated she would like to have a 10-foot median with vegetation with a reasonable budget. Bremer indicated she would not be opposed to delaying the landscaping and/or eliminating some of the trees to enable the City Council to visualize the street. Kellogg noted there are 123 boulevard trees being proposed, which amounts to $61,000. Kellogg indicated he is in agreement that the number of trees could be reduced given the amount of existing trees in the area. McMillan stated the best approach would be to replace any trees along the boulevard that would be lost as a result of the construction work. McMillan commented she likes the three roundabouts and that the latest design appears to accomplish the objectives of the school. McMillan stated she also likes the roundabouts since they eliminate the turn lanes, but that a wider median would essentially add another lane and widen the roadway. McMillan stated she also is concerned about long-term maintenance of the landscaping within the median and that she would like to have some type of plan in place regarding that before approving any type of landscaping. Additional landscaping could be added at some point in the future but that the City could avoid overplanting. Franchot stated it is unfair to hypothesize things that no one is talking about doing, such as overplanting or irrigation. The perspective of the footprint of the roadway would be cut down with a wider median and landscaping. If a reasonable median is not constructed with a reasonable amount of vegetation and a barrier, the safety of the pedestrians would be not addressed and would add to the appearance of a lot of Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 10 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) hardcover. Franchot indicated he has attempted to understand Mayor McMillan’s concerns, but that in his view a narrower median will not be attractive. McMillan stated her two main concerns deal with the maintenance of the median and landscaping and the width of the roadway. McMillan pointed out the roundabouts would have landscaping on them and that landscaping may add more visual obstacles. Franchot indicated he would be agreeable to the City committing to maintain the landscaping. Slack stated typically a maintenance plan is developed outlining the various costs. Slack indicated he could provide that to the City tomorrow if they would like to see that. Printup indicated he would like to see an alternative to what has been proposed tonight and that he personally would like to visualize the alternative as well prior to approving any plan tonight. Bremer commented it was her understanding that the Council needed to reach a decision on this item tonight, and asked what the deadline is if the City is going to meet their deadline of having the road completed before school starts in the fall. Kellogg indicated they are approximately two weeks behind the schedule outlined in the feasibility study and that they had hoped to have the Watershed District’s approval by today. Bids are anticipated to be opened May 9th and construction on the roadway would start immediately after school is finished. Kellogg stated the preliminary design was anticipated to be complete in January, followed by completion of the permitting in February. Printup indicated he is not comfortable approving the landscaping and median tonight and that he would like to see a plan with the narrower median. Kempf commented that the discussion tonight appears to be largely driven by costs, and that if the purpose of the median is to control pedestrian traffic, without landscaping, the Council is possibly looking at cable railing at $80 to $90 a lineal foot. When those two are weighed against each other, it does not appear the City would be saving any short-term money by eliminating the landscaping. Kellogg stated they recently received a bid of $60 per lineal foot for the cable railing. McMillan commented she is also unsure whether the landscaping would deter pedestrian traffic and that there are also long-term maintenance costs associated with the railing. Franchot asked what McMillan would propose for the median. McMillan stated she would make the medians at the crosswalks wider. Franchot asked what the narrow points would look like. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 11 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) McMillan stated the median could be four feet wide at those points and have some type of stamped concrete or other treatment. Franchot commented that the main concern the Council has heard from the beginning of this project is pedestrians crossing the roadway at undesirable locations and the safety hazard that would create. Franchot stated having a four foot median with nothing in it would not address the safety issue. McMillan commented that people could also walk across landscaping and that it really is not a deterrent. Franchot pointed out there would also be fencing in some locations where pedestrian traffic is likely to occur. Franchot stated he would like to know exactly what Mayor McMillan is proposing. McMillan stated the fencing is one option but that she would like to see wider, identified crosswalks and promote crossing at those areas. McMillan stated it is doubtful the City would be able to stop pedestrians from crossing at other points even if they spent hundreds of thousands of dollars trying to deter that. Franchot asked if the City Council approves the narrower median and the wider crosswalks, how they would encourage people to use only those designated areas to cross the roadway. Slack indicated there would need to be an educational component to that and the school would play a role in that. Slack stated there could also be additional policing of the area and the possibility of tickets being issued for those who do not cross at the proper location. Franchot pointed out the costs associated with signage and lights are also substantial. Slack stated he is not familiar with the amount of pedestrian traffic that is experienced on this roadway but that in his estimation it would be substantial based on the fact that the schools are located on this road and the students need to access the different parking lots and recreational fields. Slack stated even if landscaping and land structures are added, that likely will not deter all pedestrian traffic. McMillan stated short of having a special council meeting where they could look at another alternative, given the time schedule for this project, the Council will need to make a decision tonight. Franchot moved, Bremer seconded, to authorize the City Engineer to proceed forward with the median/landscaping plan that has been presented tonight, with 50 percent of the boulevard trees being eliminated. VOTE: Ayes 2, Nays 2, McMillan and Printup Opposed. MOTION FAILED. Bremer commented that this is a time where five council members would be helpful but that a decision needs to be made tonight given the time table and that if Mayor McMillan has a proposal, it should be made tonight. Printup noted a special council meeting could be held, at which time an alternate plan could be presented depicting the narrower median. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 12 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) Tom Stringer, indicated the school would be willing to look at a partnership with the City on maintaining the median. Stringer stated landscaping would bring a calming, green space that would enhance the area. Stringer stated they have attempted to define their use of the roadway and identify areas of concern for the City to look at. Kellogg asked whether the school can identify any areas where they think undesired pedestrian crossings would occur. Stringer stated their main area of concern is from the middle school to the high school since there is no crosswalk there. In the wintertime a snow berm is created to deter pedestrian traffic in that area. The other area of concern is people crossing from the east side to the west side, which the sidewalk on both sides of the roadway and crosswalk addresses. Stringer stated personally he would prefer a wider median. Kellogg stated on the south end, pedestrian traffic is not a problem, and the sidewalk on the west side and the marked crossings on the roundabout would assist with the pedestrian traffic. Kellogg stated the problematic area appears to be isolated near the middle school and the high school and that a compromise could be a wider median in that area. McMillan commented all members of the Council need to be comfortable with the plan and that it is a moving target at this point. McMillan pointed out the most recent plan was only created on Friday, which has not left the Council much time to study the matter. Franchot indicated he would be willing to make a motion authorizing the City Engineer to proceed with the median/landscaping plan that was presented tonight, with all boulevard trees being eliminated. McMillan stated it comes down to a maintenance issue for her and the costs associated with that long- term. McMillan commented she would like to see an alternative depicting a narrower median. Franchot stated the maintenance costs appear to be low and that the School District has indicated a willingness to work with the City on the maintenance of the median. Franchot noted that there are also maintenance costs associated with concrete and that it is impossible to eliminate all maintenance costs. McMillan reiterated she would like to see an alternate plan depicting the narrower median. Kellogg pointed out that a sketch of a narrower median was included in the feasibility study and that the Council had decided to go with a wider median with landscaping. Printup stated the widening of the crossings was raised tonight along with the possibility of a maintenance agreement being entered into with the School District. Printup indicated he would be comfortable delaying a vote on this matter until a special meeting can be scheduled sometime in the next few days. Printup stated it appears the Council is okay with the three roundabouts. Loftus noted the soonest a special meeting could be scheduled would be Friday given the requirements for noticing the meeting. Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 13 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 15 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued) Bremer noted she will be out of town on Friday and over the weekend. McMillan stated she would like to see the middle roundabout included in the plans, along with a sketch depicting the four foot median and the costs associated with that. Loftus asked what types of materials Mayor McMillan would like the median constructed out of. McMillan indicated she would leave the materials to the engineers but that she would like to see a couple of options along with some fencing in certain areas. Bremer moved, Printup seconded, to schedule a special city council meeting for Monday, January 31st, at 8:00 a.m. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT None CITY ADMINISTRATOR’S REPORT *9. BUREAU OF CRIMINAL APPREHENSION (BCA) JOINT POWERS AGREEMENT (RENEWAL) – RESOLUTION NO. 6024 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6024, a Resolution Approving State of Minnesota Joint Powers Agreement with the City of Orono on Behalf of its City Attorney and Police Department. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None *10. LICENSES AND PERMITS RESIDENTIAL KENNEL LICENSES 1. Richard & Britt Gage 3. Marty Paradise 2180 Abingdon Way 825 Brown Road South 2. Jane Kline and Steve Bell 4455 West Branch Road Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 14 of 15] MINUTES OF THE ORONO CITY COUNCIL Monday, January 24, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 15 LIQUOR LICENSES 4. Club on Sale and Sunday Liquor Spring Hill Golf Club Jeffrey Kringen 725 Sixth Avenue North TOBACCO LICENSE 5. Navarre Liquors 9. Wayzata Country Club Richard Wood Lee Walters 3421 Shoreline Drive 200Wayzata Boulevard West 6. Spring Hill Golf Club 10. O’Sullivans Holiday Jeffrey Kringen John O’Sullivan 725 Sixth Avenue North 2420 Shoreline Drive 7. Navarre Amstar 11. O’Sullivans Holiday LeRoy Koehnen John O’Sullivan 3360 Shoreline Drive 3340 Shoreline Drive 8. Lakeview Golf of Orono, Inc. 12. AllBrand Stores Grant Wenkstern Jason Knacke 405 North Arm Drive 2160 Wayzata Boulevard West Bremer moved, Printup seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *11. BILLS Bremer moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Franchot moved, Printup seconded, to adjourn the Orono City Council meeting at 9:28 p.m. VOTE: Ayes 4, Nays 0. ATTEST: ___________________________________ ______________________________________ Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 02/14/2011 Approve Council Minutes 01/24/2011 [Page 15 of 15] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 1 of 12      ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Doug Franchot, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, City Engineer Tom Kellogg and Recorder/City Clerk Lin Vee. Mayor McMillan called the meeting to order at 8:02 a.m., followed by the Pledge of Allegiance. 1. OLD CRYSTAL BAY ROAD RECONSTRUCTION McMillan stated the purpose of the special meeting is to get an understanding and agreement on the project so that Bonestroo can submit the design to MnDOT for their review and approval. She proposed Council consideration and discussion in three segments to include roundabout design, median treatment between curbs, and any kind of landscaping outside the curbs. Kellogg explained the background and timeline of the project to-date. Meetings have been held with members of the school district and school board since last July. The school recently hired a transportation consultant to study traffic. Based on his recommendations, traffic movements to the middle school have changed from one access to two, and relocation of the roundabout to the north where busses enter and exit. This created a longer distance to access the elementary or middle school and a smaller third roundabout was proposed to shorten the distance and travel time between the north and south roundabouts. Franchot asked about safety access issues with the middle roundabout. Kellogg stated the Fire Chief commented that they wanted to access the parking lot on the west side which moved middle roundabout north to the intersection to allow access to the parking lot. McMillan asked if Council was comfortable with the third roundabout and proposed roundabout design. Bremer stated she had started with a preference for no roundabouts, but information has shown that it makes sense to have three. While she would have preferred two, she believes three roundabouts is a better design. McMillan stated initial discussions included a third roundabout as an option and asked if Council was satisfied to include the cost for a third roundabout. Council agreed the cost was justifiable to make the road and design most functional. McMillan moved forward with discussion of the median treatments and landscaping between the curbs. Kellogg stated that John Slack, landscape architect at Bonestroo, attended the last Council meeting and gave a presentation of what a 10’ wide median with landscaping might look like as recommended at the October 25th meeting. Following discussion at the January 24th meeting, he has also prepared a 4’ concrete median design. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 1 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 2 of 12      Slack stated he has developed a second median concept, narrowing the median to 4’ and defining potential enhancements and costs. The primary objective for median improvements is to look at safety including preventing mid-block pedestrian crossings and traffic calming. They proposed the use of native landscaping to create a low maintenance median treatment utilizing native plant materials and no irrigation. Slack presented images comparing a 10’ landscaped median with a 4’ concrete median. He noted that the 4’ median images didn’t include existing trees or landscape enhancements along the boulevard. The 4’ median image between the high school and middle school represents some sort of architectural fence element, possibly a short metal wire railing option or it could be a more decorative, larger and taller railing which would be presented later. McMillan noted that a line of trees exist from city hall to the middle roundabout on the west side. Slack stated the 10’ landscape median included boulevard trees on both sides of the road, plant materials of varying sizes to enhance crossing areas, and a center median with an earthen form and overstory street trees. The 4’ median has no boulevard trees and but includes screening in the roundabout to help block the driver's view so the driver focuses to the right rather than looking through the roundabout. Bonestroo also uses architectural elements such as wall treatments and landforms for screening in roundabouts. Several images of median work were discussed. The first roundabout with a 10’ wide median uses street trees to define the edge. Streetscapes utilize landscaping, ground level plantings and overstory trees as additional methods to control traffic. Vertical elements such as tree trunks are used to break up views and psychologically slow drivers for traffic calming effects. A narrower median moving away from the roundabout was shown and although the existing trees were not included, there are several groupings of trees that will remain. Franchot asked Slack if Bonestroo uses landscape elements as part of the traffic management plan because it is considered a best practice or if Bonestroo has just found it to be effective. Slack confirmed it is a best practice. He noted they like to cluster plant materials to create visual gaps and makes it less noticeable when a tree dies. Slack stated the 10' wide median uses a combination of clusters of trees, ground level plants and an architectural railing element. They would use the best device to limit crossing in unacceptable areas, and in most cases that would be the railing. McMillan asked how visitors will identify where schools are once the landscape matures. Slack responded that one of the goals is to create traffic control with landscaping, and once the tree canopy grows, it calms and slows traffic. The clusters of trees and ground level plantings will be placed to maximize important views of the school buildings and/or main entrances. If the landscaped median is chosen as a final plan, they would revisit the landscape design. He added that signage would also be very important. Franchot noted he recently found it difficult to locate the superintendent’s office as the area is not currently well signed. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 2 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 3 of 12      McMillan stated the Carlson Towers roadway is a good example of a landscaped median. As the landscaping has matured, “The Gates” complex has become less visible. Kellogg noted that signage is part of the project. Slack continued comparing 10’ and 4’ medians. He noted ground level plantings would not be above the eye level of vehicles. The landscaped median treatment would alternate from plantings to railing. The 4’ median has several treatments and cost estimates. Options include colored concrete or pavers. Colored concrete potentially has lower short-term but greater long-term maintenance costs. Franchot asked why no barrier fencing was included in the area near the elementary school. Slack responded that the architectural fencing is fairly expensive. The most recent cost estimate was from $55-65 per lineal foot and long stretches of fence would be very costly. Kellogg added that the school has indicated the most problematic area is between the middle school and high school, but fencing could also be added in the elementary school area. Franchot stated cost has been a constant factor and the assumption has been that the narrower median would be cheaper. An important point to note is that the expense of a narrower median has become high enough that a significant length has no barrier as opposed to the landscaped model where there are plantings the entire length of the median. Slack continued with images closer to the roundabout between the high school and middle school where there would be a long length of railing to provide a safety component and prevent mid-block crossings. McMillan asked about the height of the railings. Slack responded the railing is shown at just over 3 feet. Another railing treatment at 40-42" at a mid- block crossing was also shown. Slack reviewed images of various treatments that Bonestroo has worked on in other cities. Slack stated two revised cost estimates have been provided. The first cost estimate was originally prepared as part of the landscape option for the previous meeting but has been refined for the cost of the cable railing. Cost estimates will continue to be refined as the design moves forward. The new cost estimate for the 4’ wide median includes three different types of median paving treatments. The colored concrete estimate for 12,000 s.f. is about $61,000. Brick or stone would cost more. McMillan asked for further description of materials used for bricks or pavers. Slack stated the estimates are standard costs and might be a standard 2 x 4’ brick or larger square paver. Costs would be revised depending on final selection. Stone could potentially be something like a flat irregular limestone which is generally a nicer material but more labor intensive to install. Bremer asked about maintenance of various materials. Slack responded that concrete is generally lower maintenance up front but long-term there are issues with cracking and larger repair areas; brick and stone have weed control issues. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 3 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 4 of 12      Bremer noted they are not comparing apples-to-apples because the 4’ concrete median doesn’t include boulevard street trees, which is a major cost of the landscaped median. Franchot added by his calculation the landscaped median is 56% of the cost of the 4’ hardcover. Slack agreed, noting in the landscaped median concept there were 32 median trees and 123 boulevard trees. The trees have been removed from the images since part of the discussion from the last meeting included removal of boulevard trees, which also lead to some of the starkness of the images. Slack stated for the 4’ median concept there are 820 lineal feet of railing between the middle and high schools. Roundabout treatments stayed the same in both cost estimates but can be refined in the future. The total for the 4' median is $156,000, which only includes the concrete median pavement and cable railing. The original landscaped median cost estimate is about $170,000, less $61,500 for removal of the boulevard street trees, for a total of $108,000. Slack discussed the additional document that represents a potential long-term maintenance plan. With approximately 2,000 lineal feet of landscaped areas, minus small median areas around the roundabouts, the estimate is approximately $6 per lineal feet. Most other streetscapes he has worked on have higher maintenance costs because they are more labor intensive. Also included is a square foot cost of $.90 for the roundabout areas for a total annual maintenance cost of approximately $22,000 for the landscaped median. Since the city has indicated they do not want to use irrigation, an option would be to establish a maintenance plan agreement with the landscape contractor for the first two or three years that could include plant maintenance, replanting trees that die, pruning, trimming, and watering. After the contract expires, the city would take over maintenance of the landscaping. Tree establishment is key to the maintenance plan. The $22,000 estimate would begin after the first three years. Slack generally does a yearly review of maintenance needs. Slack continued with the second maintenance estimate for the concrete median. This plan wouldn’t need an agreement with a landscape contractor except for the roundabout area for two years. The majority of the costs are related to cleaning and redoing concrete and cleaning and repainting of the railing. The overall length and roundabout area is the same for both estimates. The estimated cost is $3.20 per lineal foot but would probably be between $2.80 and $3.00. The total estimate for the concrete median maintenance is between $15,000 and $16,500, probably beginning after the second year. McMillan asked if the city is taking a risk by not including irrigation in landscape project. Slack felt confident that the city could move forward without irrigation, but it helps to alleviate potential issues. It is most beneficial during the initial growth and establishment period. In many of their projects, irrigation is used in the first three years and then turned off. For this project, they have focused on plant materials that can survive in urban conditions and heavy salt use. Kellogg asked if it is more cost effective to install irrigation knowing it will only be used for the first three years as opposed to including a three-year contract with landscape contractor. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 4 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 5 of 12      Slack responded he was unsure but it probably balances out over time. Installing the irrigation system will have a higher cost but the maintenance plan agreement wouldn’t be needed. The hardest part is monitoring the landscape contractor to be sure the work is being done. Bremer stated the good thing with irrigation would be that the city controls it and can zone for irrigation. Slack noted that once trees are established, they can typically survive on the annual rainfall. At that point, trees need air in the soil so it’s important not to compact soil. McMillan asked for comments and thoughts from the Council. Franchot asked for comments from the school and police chief regarding the landscaped median vs. hardscaped fence median. Bremer commented if they decide that the two options are a fenced environment vs. partial trees/partial fence that the safety issues are the same. She noted a letter from the Long Lake Mayor and Fire Chief indicates they would like nothing in medians to allow for the ability to cross at any point. Since there are three roundabouts, there are good access points. At the time the letter was written, they had not seen the plans that include some type of barrier. John Ostlund, Building and Grounds Coordinator for Orono Schools, introduced other school representatives including Superintendent Karen Orcutt, School Board Members Martha Van de Ven, Mike Bash, Bob Tunheim, and additional staff Tom Stringer, Justin McCoy and Gary Kubat. Ostlund stated planning has made the process most successful. The school was invited very early in the process and has helped the project evolve. They are pleased with the location of the three roundabouts and both median designs meet their safety concerns. He noted a good number of trees exist, but he believes at least some of them will be uprooted during the construction process and will need replacement. He added that many are ash trees with the challenge of ash tree disease. He asked that the need for trees not be minimized. In regard to irrigation and watering, he commented that it is hard to add and find funding at a later time and should be considered early in the process. The school is willing to provide in-kind support services, specifically mowing and mulching. The superintendent has already started working on signage and communication plans, but will need the city’s help with signage. Mike Bash stated the superintendent and other school representatives have had very positive experiences in working with city staff on this project. He commented that from the long-term perspective, he would prefer the wider landscaped median. It gives much greater flexibility to work with landscaping and add trees in the future. Franchot asked Chief Farniok for his opinion regarding landscaped vs. concrete median. Farniok responded that either design works. He noted the crosswalk north of the second smaller roundabout was of some concern with only a 4' buffer next to the stacking lane and if it would be wide enough for students and staff waiting for the traffic between lanes. Printup asked about the commitment from the schools. Bash had mentioned going with a wider median and looking down the line into plantings, and doing what the city is good at which is sweeping the streets. Printup stated he wanted more of a commitment from the school in this project. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 5 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 6 of 12      Ostlund responded that he was specifically referring to mowing in the 10' median. The school would mow weekly or as needed as they do throughout the school district; trees in that area would have mulch around them and the school has a regular mulch replacement plan. Mulch also helps with watering efficiency and the school could add mulch replacement to their plan. Printup asked if Ostlund was including both the median and roundabout area. Ostlund responded that the school would do the work anywhere in the middle of roadway. Printup asked if the work includes shoveling crosswalks in the winter. Ostlund responded that they would include shoveling the crosswalks because the crosswalks connect to the school sidewalks. Ralph Kempf commented that the school had mentioned pruning and some maintenance of low growing plants and asked if the school would include that type of work. Ostlund responded that the school would include pruning of trees in the annual maintenance. Franchot confirmed the school was stating that they would add maintenance of the median to their landscape maintenance plan, unless there are annuals. Ostlund stated the school doesn’t work with annuals unless there is a school committee in charge of the annuals. McMillan asked if the school has an irrigation system throughout the school property that could be tapped into. She added that the city doesn’t have irrigation and if the city decided to go down the path of irrigation, they would want to connect to the school’s system. Fall pipe maintenance is also required. Ostlund confirmed they do have an irrigation system and could possibly connect in the median to the school’s system. Fall blow-down of pipes would be a minimal expense and they already have separate meters on the irrigation system to get a break on water charges from the city. Irrigation is coming out of the high school in two locations and one at the middle school. DeBaere noted the city has a small area of irrigation in front of city hall, but it would take a fair amount of work to tie into another system. He also commented there would be concrete maintenance, such as washing, and indicated the city would work with the school where necessary. Ostlund stated there would be weeds amongst concrete cracks and they would help with control since they also do maintenance on sidewalks, but would not do any repainting. Bremer stated she was more sure of her previous decision and strongly supports the wider median concept, adding that further study would need to take place to determine the correct number and dollar amount to be designated for median and boulevard trees and shrubs. At this point, the exact details aren’t necessary as long as Kellogg has enough information to handle the landscaping in the budget that will be sent out for bids. She is opposed to colored concrete because it cracks and after 3 or 4 years it no longer looks attractive, and would prefer brick or stone. Pavers require a lot of maintenance and she is against using chemicals for weed control. Adding an underlayment for weed control only increases hardcover Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 6 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 7 of 12      which is against the Orono philosophy. She reiterated her support of the wider median to include trees, grasses and plantings to add a natural look. Franchot agreed with comments made by Bremer and strongly supports the landscaped median. He added that he has never seen a concrete median that doesn't have weeds and could be an eyesore. Regarding site lines, he drives Carlson Parkway every day and doesn’t see any site line issues. He stated this is Orono and the city regularly gets dinged when it doesn't work to preserve the rural oasis and natural spaces. It is important that the school have a warm welcoming entrance. Since costs have come in so much cheaper, the only reasonable objection, which was the substantial cost difference, has gone away. He strongly supports the landscaped median essentially as it has been presented, with possible adjustments to trees and plantings as the project moves forward. He is not in favor installing a wide median and delaying the plantings. There will be other projects and work to do in the future, and given that the landscaped median has come in lower in cost than concrete, the landscaping should be done as part of the project. Relative to boulevard trees, fewer tees could be added, but any trees lost in construction should be replaced and the city should also be mindful of the ash borer. Trees would be a good place to cut costs if necessary as each tree is $500. Franchot added his appreciation to the school board for their partnership in the project. One of the concerns has been additional maintenance for the city’s Public Works Department. With the planning for low maintenance and help from the school, the maintenance issue is well under control, if not gone. Printup stated after talking with parents around town and hearing their concerns with the project, it becomes a need vs. want and they don’t entirely see the need for such landscaping, but they do see a need for traffic control. The fundamental governmental service from the city is to build the road. The road will be constructed as part of the project, but beautification and landscaping comes down to a want. He stated he could go along with an 8’ or 10’ median with very limited landscaping, because he doesn’t want it to be a beautification project. If the school wants to move forward with landscaping, that would be great, and there are a lot of volunteers in the area that could volunteer to donate a tree, shrub or plantings from their own yards. He would rely a lot on volunteerism for landscaping, not coming out of the city budget. As for site lines for parents dropping children off and watching as they enter school, there shouldn’t be any obstructions and that goes along with leaving the median open. Franchot responded to comments regarding site lines and didn’t think there would be an issue with parents feeling comfortable with their children entering the school safely because the drop-off locations are off the road in parking lots. Planning has been done to allow for staging and drop-off areas for students. Kellogg agreed indicating that many of the design features focus on drop-offs at the elementary and middle schools and the pedestrian crossings, especially between the middle school and high school. Comments from the elementary and middle schools have been incorporated into the designs. Parents dropping off students, especially elementary age, want to watch their child walk into the front door. Franchot responded to the wants vs. needs issue and felt that argument demands the landscaped median because it is so much cheaper, and we have a responsibility to our citizens to make it look finished and good. He does not think the proposed landscaping is excessive. The landscaping helps as a pedestrian barrier and requires much less of the expensive fencing. While he appreciates Printup’s optimism as to the generosity of volunteers, he doesn’t think they will step up. This is the time to do the landscaping and move on with other projects. We could also get donated plants that won't survive. He thought Printup’s position points to approving the whole plan as recommended. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 7 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 8 of 12      Printup responded he is definitely not approving the whole plan as recommended. He reiterated that he could agree with the 10’ median with a blank slate. In time, things can be added through volunteerism which has worked well in Wayzata. As far as dropping students off and the finished look, he noted he sees things differently and that we owe it to our citizens to watch how we spend money. When students are dropped off, parents aren’t looking at the nice scenery. He stated we should create the road, and vegetation and beautification can come with time. McMillan stated she has always had issues with maintenance, especially long-term maintenance depending on who takes on responsibility. She noted that 70% of Orono taxpayers are not in the Orono school district and the city should be cognizant of who wants a beautiful road for their school. It is a long median, over a quarter of a mile, which is necessary for functional safety to stop left-hand terms. Both the initial costs and long-term ongoing costs of a median have been discussed. If the school is comfortable with irrigating and maintaining the landscaped median, she could approve it, but doesn't want the city to take on maintenance costs. She wanted a commitment from the school for future maintenance. The 4’ median gives an opportunity for a simpler maintenance plan that serves the functionality and safety of the road, which is the city’s obligation. The project also solves some problems with bussing and drop-off/pick-up locations. She cautioned against diminishing the large area for landscaping and the required ongoing maintenance, and did not want a complicated maintenance agreement. She would like the school to take care of landscape maintenance because they have their own grounds crew while the city contracts out for mowing services. The school could also swap out shrubs or use school colors to have school ownership of the median. If the school decides they don’t want the expense of landscaping maintenance, the city has the 4’ median option. Because of the time constraint, McMillan stated the Council needs to make a decision as soon as possible. Superintendent Orcutt stated she was comfortable with what has been said, but requested 5 minutes for discussion with the school board members who were present at the meeting. Ralph Kempf, 3675 Togo Road, commented that this has been a wonderful process. He suggested a 10’ median, sloped up with black soil, renamed Otten Parkway and then just stand back. While this adds a bit of humor, he stated it started him thinking in terms of Navarre and if you get key people involved, amazing things can happen. John Thiesse, Planning Commission representative, asked if landscaping is part of beautification or a traffic calming plan and stopping people from crossing the road. He stated he believed the landscaping is part of the plan and the design should be left to the professionals. The plan was developed for what is necessary and the city is removing landscaping as beautification. Slack stated the intent of the landscaping is to be traffic calming and safety. Landscaping provides less of a physical barrier for crossing. Franchot asked if the 4’ median would require an additional 400+ feet of fencing to meet the safety needs. Slack responded that it may not be necessary to add that much fencing but it allows crossing anywhere there isn’t a fencing barrier. A member of the public asked if the school took on the responsibility of the maintenance, including the first 3 years, if the costs for maintenance wouldn’t be reduced by up to $22,000 for each of the first 3 years since the maintenance costs for the first 3 years would be included in the contract to be let. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 8 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 9 of 12      Slack responded that is a good point and the whole concept of the school doing maintenance is great. Most of the expense is probably in mowing. This would be a wonderful opportunity to work with the school to design a landscape median that would meet both school and city needs that doesn't happen very often. Ostlund asked about the tree budget and if it could be included as contingency with the number and placement of trees to determined and reduced as needed. Slack stated there has been discussion about reducing the overall number of trees and what has been presented is a cursory concept of what can be done. McMillan stated it is important today to determine whether there will be a 4’ or 10’ feet median and who will do the maintenance. Plantings and trees can be determined later, and volunteer opportunities can still be considered. The entity that does the maintenance should have input into the type of plantings to be included in the landscape plan. Kellogg added that in order for the project to be constructed this year they need a decision on the median width today, but they don't need a decision on the number of trees, etc. Orcutt stated the school board that is present will support maintenance of the natural parts of the median, but not hard surfaces like the fence. She noted they have not had any problems with cooperation on the paths in the area. McMillan stated there will be some fine tuning on the number of plantings and fencing placement and the school should be involved in these decisions. Kellogg noted that when Slack put the cost estimates together, he was probably representing worst case scenarios and they expect the costs to be reduced by eliminating some trees or shortening fencing to the extent they can. McMillan asked if the Council needs to determine the costs of landscaping in the median today. Kellogg responded that if the direction is to build the wider median and minimally or cost effectively landscape it, that will be sufficient for today. They would work with the school and brings costs back to Council at a later date. McMillan also asked about installation of the irrigation system and wanted to clarify that she thought the school should pay for the cost of installing the irrigation system. Bremer stated Council should have further information on the cost before deciding if there should be irrigation and requiring the school to be responsible for the cost. The school would also want to know the cost before committing to installation of an irrigation system. Kellogg stated discussions have included irrigation and no irrigation. Slack has indicated it would be helpful during establishment, but if the school takes on maintenance, maybe there isn't a need for irrigation. McMillan noted Council hasn’t determined the cost of irrigation and who pays for it. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 9 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 10 of 12      Kellogg stated irrigation information and cost estimates can be brought back to a future meeting. The width of the median is the important decision for this meeting. Bremer added that if irrigation is cost prohibitive, irrigation would be eliminated. Oslund stated the school will continue to do maintenance but they were not looking at doing the initial capital installation of an irrigation system. He added that there will be a water main in the street for a water source in the area. At that point it would be determining if the controls were in the median or inside one of the buildings and they would work with the city. McMillan stated she is most concerned about maintenance of an irrigation system and doesn't want the Public Works Department to be responsible for maintaining an irrigation system. She would like to keep it as one entity’s job to track maintenance. Ostlund indicated he was most comfortable with discussions about maintenance, which would include raising and replacing heads as needed. Franchot asked Olson if the city doesn't do the landscape with the initial project, where the money would come from in the future. Olson replied the money could come from the tax levy or construction funds. At that point, landscaping would be weighed against other projects which may have higher priorities. Franchot expressed his concern that if the city goes down the path of not including landscaping now, it will cost considerably more because more steel fencing will be required to get to a modicum of safety. Bremer stated that she believes it will be a quick process and before things are completed, Council will know what the landscaping will be, but they don’t have details at this time. As part of the process, the school may determine less landscaping is needed, which would be Printup’s preference. McMillan noted that half of the school year the median is covered with snow and the city needs to be cognizant of spending too much money on landscaping. This is an opportunity for the city to put in the basics and the school will have the prerogative to add landscaping as they wish. The city’s responsibility is to provide a safe functional road. The city is giving the school ownership of the landscaping. Long- term maintenance costs would come out of taxpayer money and shifting maintenance to the school, that gets most benefit from the landscaping, is the proper fiscal thing to do. Bremer moved to approve the wider landscaped median option, to establish some type of agreement with the school based on their representation that they will maintain the landscape features but will not maintain the railing and hardscape features, and that the school will maintain an irrigation system if further study determines that an irrigation system is beneficial for both sides to move forward with installation of an irrigation system. Franchot seconded the motion. McMillan recommended adding approval of three roundabouts. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 10 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 11 of 12      Bremer amended the motion to include approval of three roundabouts according to the plan for the road design. McMillan asked for clarification on the capital costs of the irrigation system. Bremer stated since the cost for the irrigation installation has not been determined that Council will have to be comfortable with leaving that open until bids are received. Until bids are received, it’s difficult to determine the level of support for including irrigation. She added it may be unrealistic to do the type of landscaping they are considering without irrigation, but the costs need to be determined before making a final decision as the irrigation costs may be prohibitive. McMillan asked for clarification of the treatment outside the curb. She stated she is in favor of replacing any trees destroyed as part of construction, but the city shouldn't pay for additional trees outside of the curb. The city’s job is to provide a safe functional road and landscaping outside the curb should not be included in the project. Franchot asked if landscaping outside the curb should be a topic for future discussion. McMillan responded that she would like to discuss it further so the school would have a concise understanding of landscaping outside the curb. Bremer included in the motion replacement of damaged trees as a result of construction, but they should leave discussion about trees outside curb open for further discussion. Depending on safety issues, there may be a need to include a particular type of landscaping to help funnel students to a specific area. She expressed concern with having too many trees and blocking building views, noting that existing trees have been planted in certain locations for a reason. Boulevard trees are something to be decided at a later date and should be coordinated with median treatment. Kellogg stated generally a certain number of replacement trees are included with the project, but the city would only pay for those trees that are used. The engineers will have a better idea of impacts on the existing trees once the design is finalized. Franchot seconded the amendment to guarantee replacement of trees destroyed but would leave trees outside the curb open for future discussion. The amended motion reads Bremer moved, Franchot seconded, to approve the wider landscaped median option; to establish an agreement with the school based on their representation that they will maintain the landscape features but will not maintain the railing and hardscape features, and the school will maintain an irrigation system if further study determines that it is beneficial for both sides to move forward with installation of an irrigation system; to approve the road design including three roundabouts according to the plan; to guarantee replacement of boulevard trees destroyed during project construction; and to leave the decision regarding trees outside the curb open for future discussion. VOTE: Ayes 4, Nays 0. ADJOURNMENT Bremer moved, Printup seconded, to adjourn the Orono City Council meeting at 9:58 a.m. VOTE: Ayes 4, Nays 0. Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 11 of 12] MINUTES OF THE SPECIAL ORONO CITY COUNCIL Monday, January 31, 2011 8:00 o’clock a.m. _____________________________________________________________________________________  Page 12 of 12      ATTEST: ___________________________________ ______________________________________ Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Item #04 - CC Agenda - 02/14/2011 Approval of Special Council Minutes 01/31/2011 [Page 12 of 12] Item #05 - CC Agenda - 02/14/2011 LMCC Process to Televise City Council Meetings [Page 1 of 2] Item #05 - CC Agenda - 02/14/2011 LMCC Process to Televise City Council Meetings [Page 2 of 2] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 1 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 2 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 3 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 4 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 5 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 6 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 7 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 8 of 11] Item #06 - CC Agenda - 02/14/2011 Westonka Schools Update [Page 9 of 11] Item #06 - CC Agenda - 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Appeal of Administrative Decision [Page 1 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 2 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 3 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 4 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 5 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 6 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 7 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 8 of 13] Item #08 - CC Agenda - 02/14/2011 Barry Tanner, 3435 Shoreline Drive - Appeal of Administrative Decision [Page 9 of 13] Item #08 - 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