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Home My WebLink About04-25-2011 Council Packet PUBLIC ATTENDANCE MEETING DATE '�' I 1 �I COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. - � �-�� r � �- ��- �= �' �`� � Z �/,�`-�� 1G� c r .�.�! - �" �� n C� 2. ., �-u?. . �v� z�, , ' � `� ;l�i,k�c�Y'c}>, �i' ( C f 2�--, , 3. ��E_ , �!� �� f��j�� I�> s<_� �'�:�; 1��,� ��-�� - � 1 :1 ^..� ' % � 4. �� _" l, � G � ,� _�( '�G'l� �i� �� 11'f� � � � � . . � _ , , , .. , � , � - � � � � -- 5 � ,< < . , -� ._ �f �j. l— � ��_ _ �_ � � .� r�" —�� r L,, n '' I r `+ 6. l'�--_� � � ��,�- v� i� �1 �.`� � � ��►�-j'�� rUd� ; � � � 7. �� 1-� �t-�'�� t 1 � 1 ��.�, �`��, � �'.� . - :, � �� $. ��<.:,�,r��..:,r ��1�.i �=� L�� Sl�k..r 13G�c� �-�� I Y,�� ;. � ;. � �. � �. , e _ �.. � �� , �l 9.�� '� d t�� '�2�.�t�-i�- t,�,�� j � -�S � (:��'-- i � � � n f� � ;, 1 U. �. .� ^ ! � �,^ � � �) [,,� �, t �� l� � l,'�l/'�� l,e%''►� /� / 11. / �a s �� vsT�� ,�9 Y 2> � � _, , ., ,� > 12. °,x' �.i i ''`�" t �_� -�� - ' - �� ,l �:;-�E:.:i. ��_-�'�� r' � _ � ��l '��1 � � � c 13. i r \C�.� ' c�� r � �1--� � � �,�- � 14. ~�'�1�,,� f� �`�1`� 1_�.tiv��,Jcrr.=i ��,� � 15. �`� � G � �� ' �ti �'��"l � �� ' � � � �J � V:\(LEGAL FORMS)\(FORMS�\PUBLIC ATTENDANCE.DOC PUBLIC ATTENDANCE , MEETING DATE � � �' � � I � COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER �. " �"�� i n t.. �1��. � �, r �� i ►�� '�� (�� C C'L � C (: �� 'l .� ,-, _��- � � 2. / ��=><-r,`�i-� / C/-;='� �'=,'��.,:� ;: ,�._ _� :S _ � 3.`,, y� �'M^'� (,�\�� 1 l �� CJ � � il ( �-' tJ7�f�'t ��'� i _\ � � � �� _ • �_ 4. �--\�C �'. .e='��_.A�� _ � '� �� c 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, April 25, 2011, 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 April 11, 2011 * 3. Regular Council Meeting of April 11, 2011 Presentation 4. Three Rivers Park District – Dakota Rail Trail Parking 5. Ralph Kempf – Navarre Area Planning Planning Commission Comments – John Thiesse, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 6. #09-3411 David Fox, 1095 Ferndale Road West – Variance Extension – Resolution * 7. #10-3458 Judson Dayton, 825 Old Crystal Bay Road South – Preliminary Plat – Extension Resolution 8. #11-3502 Public Hearing – Volunteers of America National Services aka VOA Orono Woods Senior Living, 2040 Wayzata Boulevard West – Amend PUD No. 2B Agreement Regarding Signage 9. Joint Use Dock License Renewals – Resolutions City Engineer’s Report Mayor/Council Report City Administrator's Report 10. Year to Date General Fund Budget Information 11. Appeal of Assessment for Unpaid Bills – Creekside in Orono 12. Disposal of Police Department Squad Car Agenda for Council Meeting Set for Monday, April 25, 2011, 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 City Attorney's Report 13. Hazardous Building Costs at 200 Hollander Road * 14. Licenses & Permits * 15. Bills Adjournment Upcoming Issues and Events 2011 04/23 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m. 04/25 – Council Meeting, Monday, 7:00 p.m. 04/30 – Spring Cleanup Day, Construction Debris Only, Saturday, 8:00 a.m.-2:00 p.m. 05/09-06/04 – Leaf and Grass Disposal, Mondays-Saturdays, 9:00 a.m. - 3:00 p.m. 05/04 – Hardcover Regulations Open House, Wednesday, 5:30 p.m. 05/09 – Joint Orono Council and Long Lake Council Work Session, Monday, 5:30 p.m. 05/09 – Reconvened Local Board of Appeal and Equalization, Monday, 6:45 p.m. 05/09 – Council Meeting, Monday, 7:00 p.m. 05/16 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Dave Rahn) 05/23 – Council Meeting, Monday, 7:00 p.m. 05/30 – HOLIDAY-Observance of Memorial Day 05/31 – Spring Photo Contest Deadline 06/01 – Planning Commission Work Session, Wednesday, 5:30 p.m. 06/13 – Council Work Session, Monday, 6:00 p.m. 06/13 – Council Meeting, Monday, 7:00 p.m. 06/20 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Doug Franchot) 06/27 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL WORK SESSION Monday, April 11, 2011 6:00 p.m. Page 1 of 1 Present: Mayor Lili McMillan, Council Members Cynthia Bremer, Doug Franchot, Aaron Printup, and Dave Rahn. Representing Staff were City Administrator Jessica Loftus, Assistant City Administrator of Long Term Strategic Planning Mike Gaffron, Finance Director Ron Olson, City Clerk Lin Vee, Planning and Zoning Coordinator Melanie Curtis, City Assessor Nate Stulc, Principal Residential Appraiser Rob Winge City Assessor Stulc reviewed market data and local board procedures for the April 20, 2011 Local Board of Review. Council discussed the Open Book Meeting procedure as an alternative to the Local Board of Review, and will consider implementing in 2012. Curtis provided a summary of temporary sign problems and potential solutions. Following discussion, Council requested additional information regarding categories of temporary signs and options for regulation to be discussed at a future meeting. While Council expressed some interest in implementing paperless agenda packets, they were generally in favor of paper packets and agreed to continue with packets as they are currently distributed. There were no comments regarding Information Update items. Mayor McMillan briefly commented on community gardens, the budget process and affordable housing. The meeting closed at 7:01 p.m. ATTEST: ________________________________________ _______________________________________ Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 04/25/2011 Approval of Council Work Session Minutes 04/11/2011 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 1 of 30 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, Aaron Printup, and David Rahn. Representing Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, Finance Director Ron Olson, 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. CONSENT AGENDA No items were added to the Consent Agenda. Bremer moved, Printup seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF MARCH 28, 2011 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council work session of March 28, 2011, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR COUNCIL MEETING OF MARCH 28, 2011 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council meeting of March 28, 2011, as submitted. VOTE: Ayes 5, Nays 0. RECOGNITION 4. PLANNING COMMISSION CHAIR KIM KANG - RESOLUTION NO. 6035 McMillan read the resolution of appreciation being awarded to Kim Kang. Bremer stated she was sad that Kim Kang had chosen to leave the Planning Commission but understood how that happens and expressed her appreciation for Kang’s outstanding service. Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6035, a Resolution of Appreciation to Kim Kang for Dedicated Service to the City of Orono. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 1 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 2 of 30 5. PLANNING COMMISSIONER TESS RICE - RESOLUTION NO. 6036 McMillan read the resolution of appreciation being awarded to Teresa Rice. Bremer and Rahn thanked Tess Rice for her service on the Planning Commission. Franchot moved, Rahn seconded, to adopt RESOLUTION NO. 6036, a Resolution of Appreciation to Teresa Rice for Dedicated Service to the City of Orono. VOTE: Ayes 5, Nays 0. LMCD REPORT - ANDREW McDERMOTT, REPRESENTATIVE McDermott stated the LMCD is anticipating the ice will be off Lake Minnetonka by the end of the week. The Minnehaha Watershed District has opened Gray’s Bay and they are attempting to regulate the amount of water that goes out depending on how much water is in the creek, but there does not appear to be much flooding at the present time. The residents have raised enough money to do the chemical milfoil treatment on the original three bays and the DNR has agreed to expanding the treatment to two additional bays. The treatment will commence sometime in May depending on the water temperature. The Minnesota Legislature is currently considering some legislation regarding control of exotic species. The LMCD is in support of the legislation with the caveat that there is a companion bill for some control of exotics that are already in the lakes. McMillan thanked former Mayor Gabriel Jabbour for his work on getting the ice broken up early to allow water to go over the Gray's Bay dam and alleviate the flooding. McDermott stated they had concerns that homes would be flooded on Lake Minnetonka but they were able to get the dam open to help prevent flooding. McMillan commented the proactive action by Jabbour has helped to alleviate potential flooding. PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Dennis Walsh, 1354 Rest Point Circle, recommended the Council during the mayor/council report talk about the City's plans for spending reductions in order to prevent tax increases in the future and to give the public an idea of what is being considered. The City needs to deal with spending issues regardless if anyone from the public is complaining about them. Walsh indicated he has been spending more time looking at the Old Crystal Bay Road project and there a number of things that are worrisome. Walsh stated in his opinion the process is backwards and that the Council should get public input prior to the project going out for bids. A project of this size and scope Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 2 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 3 of 30 (PUBLIC COMMENTS, Continued) should be properly vetted. Walsh commented that there is no such thing as free money and that the City has to make interest payments on this money, which will impact future road projects. Walsh stated as it relates to the school, they experience traffic issues for approximately 40 minutes twice a day, eight months a year, which is about 3 percent of the year overall. The roundabouts will slow traffic down and will cause problems for bigger trucks. The other 97 percent of the time the rest of the public is being inconvenienced by the roundabouts. Walsh stated in his view blinking yellow lights during the other times would be fine. The City Council should look at the inconvenience of the roundabouts, the upkeep cost of the road and the median, and snow issues. Walsh stated the City is also spending a lot of money on a beautification project as part of this road upgrade and that he would like to see these types of projects be discussed in a more comprehensive manner with public input. Walsh reiterated he would like the council/mayor report to include an update on what the Council is doing to help residents. Walsh encouraged the Council to remember that the city is called Orono, there is “no” in that word, and if they do nothing to the road this year, the world will not collapse. Elizabeth Lavang noted she was unable to download some items on the website because they are no longer available, such as the capital improvement plan, the feasibility study for the Old Crystal Bay Road project, and the traffic and safety study. Those documents have been removed from the City's website and she is wondering what has happened to them. McMillan requested Staff look into that issue. PLANNING DEPARTMENT REPORT 6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 6037 Luke Kujawa, Applicant, was present. Gaffron stated boat clubs are a conditional use in the B-2 District. The applicant is requesting a conditional use permit to allow the operation of a boat club from the marina property located at 1444 Shoreline Drive. This request for a boat club CUP rests on the single code requirement established for that conditional use in Section 78-666. However, there is no established incremental numerical parking requirement for the boat club use. This provides the City with fairly wide latitude in determining whether adequate parking is available for the use, while providing little direction as to how that is determined. The property at 1444 Shoreline Drive has been operated as a commercial marina for many decades. The property has undergone a number of significant changes over time, the most significant being a complete redevelopment of the site approved in 1989. In that approval the City acknowledged a parking plan that made use of 26 parking stalls located on the two residentially-zoned properties at 1440-1442 Shoreline Drive that were owned by the then marina owner. These 26 stalls contributed to the 47 stalls available Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 3 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 4 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) within the commercial property, resulting in a total of 73 available stalls sanctioned by the City. A 4-stall variance was granted, as the stall requirement was calculated at 77 stalls, based on 118 slips, a retail/service operation, and no credit for occasional parking use of the triangular “temporary storage” area east of CR15. The number of slips was later reduced to 98 by a prior owner during a reconfiguration of the docks. The current request for a boat club CUP has raised a number of red flags for Staff related to the variety and level of uses this site can be expected to accommodate. The primary issues relate to the parking situation, pedestrian safety and traffic congestion on CR15, fragmented ownership and zoning of the site, and having multiple commercial tenants operating at the site. It should be noted here that Browns Bay, LLC, as owner of the property only rents out slips and does not office at the site, Marine Max is a retail boat sale/service tenant of the site, leasing the main building and having the rights to the sole use of six slips for sales, display and service use; i.e., they will not be rented out. Your Boat Club will be a second tenant of the site, and the applicant indicates they do not require an on-site office to operate. However, they intend to lease space in the adjacent residentially-zoned building at 1440 Shoreline Drive for residential purposes. To Staff’s knowledge it has not been common to have multiple business tenants at Orono marinas, although this is not uncommon in most other commercial settings. The only other boat club CUP issued by the city has been to Sailors World Marina in 1995. In that case, approval was granted for a 100-member maximum boat club use subject to maintaining the exclusive availability of 25 off-site parking stalls during May through September with the City reserving the right to reconsider if parking issues or inadequacies arise at the marina or at the off-site parking location. That site had 75 slips requiring 45 parking stalls and only 41 available. Rather than granting a parking variance for the boat club, the City required off-street parking at a level that calculates out to 2.1 stalls per club boat. The Planning Commission in February began its first review of a staff proposed amendment to the B-2 standards which would require that for each five person capacity in boats stored in water or on land for boat club use, one complete parking stall shall be provided. To date, the amendment has been tabled twice and its eventual outcome is uncertain. An issue raised by the Planning Commission during the initial February discussion was that the term “boat club” is not clearly defined in the Code but needs to be carefully defined given the variety of boating options available today. Members questioned the need for parking standards for the boat club use, and asked Staff to more clearly define the problem, to identify the objective the City would like to achieve, and to outline the options for achieving that objective. As a result of further Planning Commission review in March, the application was tabled again, suggesting that of the four administrative options presented by Staff, they would like Staff to pursue re-categorizing boat clubs as an accessory use rather than as a conditional use. Additionally, the Planning Commission suggested that other allowable uses within the B-2 District should be considered in terms of their impacts on parking. Staff to date has not proceeded further on these recommendations. As it relates to the Your Boat Club CUP application, the Planning Commission reviewed this application at its March meeting. The Planning Commission chose to reverse the order of the agenda and reviewed this application before their second review of the B-2 standards amendment. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 4 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 5 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) The issues discussed by the Planning Commission included the following: 1. Should a boat club CUP be issued when the number of available stalls is already slightly below the number required by code for just the marina use? The Planning Commission concluded that in order to be granted the CUP, the applicant should provide to Staff’s satisfaction that parking is available to meet current code requirements for the site. Variables in determining adequacy include how many functional stalls are available, how many stalls are required to serve rental slips versus “other” slips such as those used to serve the retail operation, and how many stalls are required for employee parking. 2. Is there any justification to allow parking in the additional stalls in the triangle area east of CR15? The applicant believes that a number of additional stalls can be established by making use of the triangle area east of CR 15 that the City has not in the pat formally sanctioned as viable parking. Use of this area for parking was not included in the 1989 approvals, but rather a 4-stall parking variance for the marina was granted. The Municipal Code has defined standards for commercial driveway entrances, which would limit the driveway access width to 32 feet at the property line, that the portions of the approach in the county road right-of-way be paved, and that a turnaround be provided on site to avoid traffic backing to the county road. The current gravel entrance to the triangle area is approximately 75 feet in width. 3. What numerical parking standards are appropriate for the boat club use? Should it be based on total boat capacity or simply on the number of club boats? Should there be a limit on the number of club boats? The Planning Commission heard comments from a number of local marina owners/operators in attendance. Part of the discussion centered on how boat clubs are operated and managed, how this club would operate absent an office facility, how the parking need was determined for the Sailor’s World boat club CUP, and the issues of consistency and creating or maintaining an even playing field for all Orono marinas. The applicant stated that it would not be in his best interests to operate in a manner or at a level that created parking problems for his customers, as they would likely no longer be his customers. In the end, the majority of the Planning Commission concluded that in order to gain a recommendation for approval, the applicant must show that the site has parking that meets the existing standards for a marina, and that no added parking increment for boat club use be required. The Planning Commission did not recommend a limit to the number of club boats, club members, or establish any other numerical parameters for regulating the use. 4. Should the CUP be issued without a resolution to the noted ownership issue? Although historically the two adjacent residential properties have been in common ownership, the last sale of the marina resulted in a separate ownership situation. The two marina parcels are owned by Browns Bay, LLC, and the residential parcels are owned by Tanager Bay, LLOC. The Planning Commission expressed concerns with that situation and recommended that appropriate documentation be provided that established a permanent right to use the residential properties for marina parking. The Planning Commission voted 4-1 at its March meeting to recommend denial based on the information currently available, but further recommended that the applicant submit further evidence to Staff to demonstrate that the combined use of the marina and boat club will comply with existing Section 78-668, Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 5 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 6 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) and if Staff is satisfied that the objective requirements are met and adequate parking is available for the site, the CUP should be granted. The applicant has provided updated versions of his letter of introduction and narrative. He also has submitted a variety of exhibits in support of his analysis of the parking situation. They include the following: Appendix A is a newly created parking easement submitted to Staff on April 6 that allows commercial parking on the residential properties at 1440 and 1442 Shoreline. This is being reviewed by the City Attorney. It is likely that he will be recommending a companion document in the form of an agreement between the property owner(s) and the City, to ensure the easement cannot be extinguished without City input or approval. Appendices B, C, and D are a map, air photo and letter from the property owner indicating that Slip #2 mapped on the Brown’s Bay dock system does not exist due to unfavorable lake bed conditions, resulting in an actual total slip count of 97 and not 98. Appendices E and F are a letter from tenant Marine Max and an excerpt from their lease that defines six slips which are designated for their sales, display and service use, and which will not be rented out. In the Sailors World boat club CUP, approval in 1995, similar slips not slated for rental use were excluded from the base slip numbers for calculating parking needs, so excluding those six has a precedent. Appendix G is a sketch of the existing paved parking lot adjacent to the main marina building. The sketch shows that 24 marked parking stalls are available at this lot, which has been confirmed on site by Staff. Appendix H is a surveyor’s sketch of a proposed parking layout for the triangle area, indicating that five stalls can be made available for use while allowing adequate room for cars to backup and enable them to enter CR15 moving forward. The intent is to avoid uncontrolled access to CR15. While the layout does not conform to certain of the B-2 district standards established for parking areas as to location, setbacks, etc., this is no different than most of the parking areas located at the site. Based on the new information submitted by the applicant, Staff finds that there are 97 viable slips at the marina, of which six slips are encumbered for use by Marine Max in its sales, display, and service business. These slips will not be rented out, and a precedent has been set for excluding them from the base parking calculation. Furthermore, Marine Max is required to have eight parking stalls available for the sales and service operation, so including these six slips in the base parking calculation would be redundant. Per the provisions of current code Section 78-668, the updated parking requirements for this site are as follows: 1. Six parking spaces shall be provided for each ten boat slips on water or on land, which equals 54.6 stalls. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 6 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 7 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) 2. At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 feet, including warehousing, and all outside sales and storage areas related to the sales and service functions. 3. Employee parking spaces shall be in addition to the parking spaces required in subsections 1-7 of this section. The number of employee parking spaces shall be designated on an official parking plan to be kept on file with the City. 4. Where these minimum parking requirements prove to be inadequate for a given use, additional parking may be required in order to continue that use. Gaffron stated under the City's current code, 70 stalls would be required. In the past the City has not given any credit for the triangular area stalls even though they have been informally used for parking for many years. With the triangular area being included, there would be 81 stalls. Rahn asked whether the City has made any arrangement for a more aggressive use by the boat club and whether the parking is based on the six stalls per ten slips. Gaffron indicated it is. Rahn stated since the City is not aware of how many boat club slips are being proposed, he has an issue with that. Rahn stated if the Council came up with a number that is greater than one rather than the .6 and then the boat club took up 50 percent of the marina boat slips, the parking would be inadequate. Rahn questioned how this application could be moved forward without knowing that information. Gaffron stated the Planning Commission struggled with that issue and in the end came to the conclusion that they should deal with those slips as if they were part of the marina. It is Staff’s perspective that there is a potential for higher use of a given boat club boat as compared to a single owner of a boat. The applicant has made arguments that they have better control of the parking on the site when it is a boat club and have also argued that rental slips are not purely rental and that there are many permutations of boat use, such as fractional use and friends and neighbors using another person's boat. Gaffron stated that the original approvals for redevelopment of this site in 1989 required establishment of rock beds at the lakeward end of the two main parking areas for trapping sediment and debris from the site. These fixtures are still in place but are in poor condition and need to be cleaned out and rebuilt to continue to be effective. In addition, one parking stall near the main building entrance was required to be established for handicap use. Signage and/or markings formerly in place are now missing. The handicap stall needs to be re- established in the paved parking area. Signage for the various uses will continue to be limited to that allowed by City Code for a commercial site. Staff finds that while the applicant has met the Planning Commission’s goal for sufficient parking on the property based on the general marina parking requirements, Council should consider whether there is a need for separate objective parking standards for “boat clubs” as a conditional use. The Council should also consider whether it may be of benefit to establish a limitation on how many or what percentage of slips can be devoted to boat club use. Without such limits, the conditional use permit provides the Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 7 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 8 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) property owner a permanent right to operate a boat club with no objective basis to later rein it in should the use become a problem in the future. It should be noted that increasing the incremental parking requirement for this boat club use will likely result in limitations on the level of that use at this site. The Council should consider establishing numerical limits on boat club operation, incorporating specific items of the applicant's stated operational procedures as conditions of approval, and make their approval subject to City acceptance of an easement to resolve the separate ownership issue. Mattick stated as it relates to the parking issue that has been raised by Staff on the off-site parking and the ownership issue, the City will be given an easement that will encumber those parcels. Mattick stated his concern is that the person granting the easement is the same person that receives the easement. The City would need to issue a document that follows the chain of title and requires that as part of the boat club, there are X number of parking stalls available on the off-site property, and to the extent this parcel is sold and those parking stalls are extinguished, the right to have a boat club would also cease. Mattick indicated he has sent Staff a sample document that basically covers that point and it was his understanding Staff is comfortable with the sample document. Rahn asked whether the City has ever come up with a calculation for the parking stalls that would be required per boat for the boat club. Gaffron indicated he could not find any place in the country that has a standard for stalls per boat club boat. Staff had initially suggested a five person capacity boat equals one parking stall. Sailors World had 25 stalls off site in addition to their on-site parking, which comes to approximately two parking stalls per boat. Rahn asked if there are a defined number of boat club boats at Sailors World. Gaffron indicated Sailors World was using approximately seven members per boat, which would translate to approximately 14 boat club boats out of their 75 slips. Rahn commented that parking is difficult at this site, particularly with the traffic on the road. Rahn stated he would hate to base the parking on the bare minimum of possible boat club boats and that one has to consider the fact that the boat club boats will be used more often than a boat owned by a single owner. Bremer stated in her view if you only have a portion of the boat that is yours, you may be more apt to use it than a person who owns their own boat, who may not use their boat as often. Rahn stated if there is a maximum of ten boat club slips, that would be acceptable, but if it is unknown, it is difficult to make a decision. Rahn asked why that information is unknown. Luke Kujawa, Your Boat Club, indicated he is the founder and co-owner of the boat club. Kujawa stated he is submitting an application for a CUP under the City's current requirements and they have spent an extensive amount of time going through the proposed changes and the history of the marinas in Orono. Kujawa stated in his opinion they meet the parking requirements at this location and, in fact, exceed it by multiple spots without utilizing the triangular space. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 8 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 9 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) Kujawa stated he has been in the boat business for over 25 years and the main driving factor for people using a boat club is the ability for them to have quality time on the water with their kids and family. People have a passion for boating on Lake Minnetonka and boating has become very elitist over the past ten years due to the costs associated with owning a boat. Access to water is one of the biggest issues facing boaters and a boat club would solve all of these issues. A boat club also helps address exotic species issues since the boats do not travel from lake to lake and eliminates parking issues at the public landings. Kujawa noted it is now approaching almost a year since they started this process and that they are at a point where they need a decision. Spring is finally here and people will start wanting to commence boating in the very near future. Boat clubs have been in existence for approximately 35 years and nowhere in the country has there been a need for additional parking space at a marina for a boat club. The City has an annual licensing process for marinas and the number one requirement is adequate parking. They would not be able to run the boat club business if there is not adequate parking and that people expect to be able to park at the marina. Kujawa noted he was at the boat club on the busiest days last year and there were no problems with parking. Kujawa stated boat club boats are more heavily used than other boats, especially on the weekends. Fishing boats are typically not out on Saturdays or Sundays when there is more boat traffic and they go out in the early morning or evenings during the weeks. The boats owned by the boat club would be 18 to 25 feet and they would not be putting in boats that can accommodate 25 people. The boats are used by families for a few hours and not college kids. Considerable effort has gone into defining a boat club by the City. There is a wide variety of people who own boats, ranging from single owner boats, family trusts that own a boat, two brothers that might own a boat, fractional ownership, and time shares. Kujawa stated every single one of those situations is in between a single owner and a rental but the City is singling out boat clubs for some reason. Kujawa stated the very first day that he met with Mr. Gaffron he was told that this is a poorly written and ambiguous code. At first the Planning Commission stated they did not want to add any conditions and then they elected to make it an accessory use but the ordinance was eventually tabled. Kujawa stated he has been attempting to obtain a CUP and that he is running out of time. Kujawa commented he has seen people crossing that road and that whenever possible he does not want to have people do that. Even on the busiest days the two residential lots are nearly empty. The Planning Commission also indicated they are not trying to regulate the busiest days but the average day. On the busiest days for the boat clubs, the retail stores are not open, which gives you an additional eight parking spots. There is more than ample parking above what is required and in the past 25 years, there has never been a parking issue where someone has been operating a boat club. Kujawa noted the only people who have raised concern with his boat club are the two people who currently operate boat clubs on Lake Minnetonka. Kujawa noted he does not require any signage and that he is not operating a boat rental operation. Kujawa indicated he has new boats ordered, employees hired, members signed up, and families waiting to go boating. Rahn asked how many boat slips have been leased. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 9 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 10 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) Kujawa indicated he has rented ten slips. Kujawa stated in his opinion there is more than adequate parking, and if the wedge shaped area is included, they are well above the required minimum parking. Kujawa requested the City Council approve his conditional use permit. Bremer asked who would coordinate the boat club and where they would be located. Kujawa stated the employees would be sitting out on the dock or in the gazebo. The gazebo has showers and bathrooms. The boat club does not need a facility since they simply walk people from their cars down to the dock. Bremer asked where the cleaning supplies for the boats are kept. Kujawa indicated the cleaning supplies would be located in the truck or in the gazebo closet. Kujawa stated the truck that has been discussed previously was owned by one individual and that they did not have a pickup with a camper on it. Bremer noted that some of the Planning Commissioners have already asked about the number of employees and hours and that the minutes reflect that information. Bremer asked what the top end would be for the number of slips. Kujawa indicated he does not have that answer but pointed out the marina is approaching capacity at the present time. A boat club model is completely different from a marina model. They currently have boat clubs at five different locations and the goal is to bring people from outside Orono into the community and to spend money in the City. Kujawa commented he would like to grow his business but that their current business model has 10 to 15 slips at each location. They will not be able to operate without adequate parking and Staff has the ability to regulate and verify the parking at their annual license renewal. Rahn asked whether the annual license would deal with any parking issues that might arise for the following year. Gaffron noted for the last two years the City has not issued any licenses to the marinas until they submit an updated survey. If the City is going to go forward with a more aggressive program that requires annual licenses and verification, it will take additional effort by Staff. Kujawa noted they have discussed that and that he would be fine with language being included that says, upon parking issues, they would be required to address it. Kujawa indicated he is not sure what kind of parking issues they will encounter since they have not had any for the past 25 years. Kujawa reiterated that they need adequate parking or their customers will leave. McMillan asked whether any boats would be trailered in if the demand was higher than anticipated. Kujawa indicated that if one of their boats breaks down, it may be necessary, but that they do not anticipate trailering in boats to meet demand. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 10 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 11 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) Franchot commented he has a concern with conditional use permits due to their permanency and asked whether the City Attorney is comfortable with the licensing process to deal with any parking problems that may arise at some point in the future. Gaffron noted it has been a number of decades since the City has withheld any marina licenses. Mattick stated he has indicated to Staff that his preference is to designate X number of boat slips, X number of parking slips, and that if additional parking or slips are needed, they would need to come back to the City. The CUP would run with the land and would stay in effect until there is a violation. Rahn commented the City could restrict the number of boat slips and require the applicant to come back to the City if he wants to expand. McMillan noted the Planning Commission also discussed this in relation to percentage of marina boat slips and how many should be boat club slips or boat rental slips. The Planning Commission did not want to discuss future code amendments while there was an application under the old code. Franchot asked whether the applicant would have any problems if the City restricted the number of boat slips. Kujawa indicated he would not. Kujawa stated if the City Council is going to set a limit, he would ask that they set it at a number above 15 since in his view it will not cause more strain on available parking. Franchot stated the Council’s concern is the number of slips that will be utilized for a boat club and that there needs to be some threshold due to the limited parking. Franchot noted the applicant has made a comment that parking would not be a problem if there are more than 15 boat club slips and asked whether Staff believes that is true. Gaffron stated he does not have a comfort level for the number of slips and that 15 is probably the threshold. Gaffron stated if the City allowed 50 percent of 90 slips for boat club boats, he would have a problem with it but that he does not have any basis to say whether it should be 15 or 17. Kujawa noted at one time 25 percent was suggested by Staff and that he would like to keep all of his boat slips together. Gaffron noted the 25 percent was merely a number for discussion and not a recommendation. Rahn stated he would like to limit it to 15 boat slips and have the applicant come back to the City if he requires additional boat slips. Franchot commented he has a concern that 15 might not be enough but that a specific number needs to be designated at this time. Bremer indicated she is fine with 20 given the fact that there are 91 total boat slips. Franchot commented he also would be agreeable to the 20. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 11 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 12 of 30 (6. #11-3501 YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE, Continued) Bremer moved, Rahn seconded, to adopt Resolution No. 6037 granting a conditional use permit, approving 20 boat club slips and subject to the other conditions outlined in the resolution for Application No. 11-3501, Your Boat Club, LLC, 1444 Shoreline Drive. Gaffron asked if there are any other changes or additions the Council would like to make to the draft resolution. McMillan asked if the parking needs to be spelled out. Mattick stated the easement is fine for the additional parking. Gaffron noted the easement is covered under Item No. 1. McMillan asked if the resolution covers the situation where the easement goes away. Mattick stated if those residential properties were sold and the easements were terminated, at that point the conditional use permit for the marina would go away unless they can find a substitute parking area. The marina is required to provide X number of parking stalls. VOTE: Ayes 5, Nays 0. PUBLIC HEARING 7. AMEND CHAPTER 31 REGARDING MASSAGE THERAPY LICENSING - ORDINANCE NO. 87, THIRD SERIES Curtis stated at the March 14th City Council meeting, the Council discussed Staff’s recommendation to expand the required background checks for massage therapy centers to all massage therapists. The current code requires that only the licensee must submit to a background check. Specifically crimes of moral turpitude would be the subject of the City’s concern. Staff has drafted amendments to the current licensing provisions to include background checks on all persons performing massage at the licensed massage therapy center. Staff recommends the Council adopt the amendment to Chapter 31 to require each individual massage therapist to submit to a criminal background check as part of the massage therapy license. This criminal background check would be covered by the original license fee and the background check conducted on the licensee. No additional fees would be required for additional therapists under the license. McMillan asked if the fee schedule would be $500. Curtis indicated the fee for this type of background check is not as comprehensive as a liquor license background check. The liquor license fee is $500 and the City fee for background checks for massage therapy centers would be $150 for the original license, which would cover all of the massage therapists at the center, and a $100 fee at the time of the annual renewal. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 12 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 13 of 30 (7. AMEND CHAPTER 31 REGARDING MASSAGE THERAPY LICENSING, Continued) McMillan asked if the City is notified of new therapists immediately or annually. Curtis stated Staff would hope that the massage center would notify the City of a new therapist being employed, which is stated in the license application, but if they are not notified, the annual license renewal should catch new massage therapists. Mattick stated there is a provision in the code under Section 31.21 regarding supplemental disclosures. Paragraph 2 says that "no licensee shall permit any individual not listed on the initial license application to work as a massage therapist on the licensed premises until the city clerk has completed a computer criminal history inquiry and/or driver's license history inquiry." Mayor McMillan opened the public hearing at 8:22 p.m. Zoe Vader stated she currently has a license through the City of St. Paul and also in the past has had licenses through Plymouth, Bloomington, and Wayzata. Vader indicated she currently does the practical exam testing for the City of St. Paul and has done that for a number of years. Vader stated the only concern she has with the licensing of the business owner is the public safety aspect and that it would be better to actually license the individual therapist. The business owner is able to obtain the license but the therapist would be the person responsible for holding the accountability to their practice. Vader stated in her view a business license would not be as effective. Vader indicated she has looked at the licenses of other cities. The City of Wayzata has a simple application process that requires the therapist come into city hall, pay a fee of $100 for the first year and $50 for the next year. Vader stated the fee is reasonable and is fairly standard and easy to verify. Vader stated in this provision Orono will want to address communicable diseases, which is one of the things that people would like to see addressed. Massage therapy centers have a lot of turnover so a yearly check may not be adequate to ensure public safety. Bremer asked what would happen to an employer if they hire someone who is not licensed. Vader stated it typically is an independent contractor relationship, which makes it more difficult to enforce. Bremer commented that would depend on the facility and the issue is how to get the word out that individual therapists need to be licensed. Vader noted there is no state licensing presently. Vader indicated she does not disagree with licensing the business owner. The City of St. Paul licenses both and has one of the more complex licensing processes. Vader suggested the City of Orono keep their license process simple. Vader recommended the City require the business owners and the individual therapists be licensed. Mattick noted originally the City did discuss having a dual licensing procedure, but in an attempt to simplify it, changed it to only licensing the owners. Before the City Council tonight is an amendment to require each individual massage therapist to submit to a criminal background check as part of the massage therapy license. Mattick indicated he recommended the City license the massage therapy center to hold them accountable and because it is difficult for the City to know when a new massage therapist is hired. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 13 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 14 of 30 (7. AMEND CHAPTER 31 REGARDING MASSAGE THERAPY LICENSING, Continued) In St. Paul they require a test to ensure that the massage therapist is qualified, which is not the issue tonight. Mattick noted this ordinance deals strictly with background checks of individual massage therapists. Franchot asked whether there is any issue with the independent contractor status. Mattick stated whether they are an employee or an independent contractor, if they are performing massages, they would need to be licensed or have a background check performed. McMillan asked if this would affect the property owner also. Mattick indicated it would be the person who managed or controlled the space. Vader asked whether the City still wants the independent contractor to get a background check. Mattick indicated that would be correct regardless if they are an independent contractor or an employee. Mattick noted the ordinance would require the business owner to ensure that the independent contractors and/or employees undergo a background check. Franchot asked whether the police chief is in agreement with the ordinance. Police Chief Farniok indicated he is in agreement with the ordinance. McMillan closed the public hearing at 8:32 p.m. Bremer moved, Franchot seconded, to adopt ORDINANCE NO. 87, Third Series, an Ordinance Amending Chapter 31 of the Orono City Code to Require Background Checks for Massage Therapists. VOTE: Ayes 5, Nays 0. Bremer moved, Franchot seconded, to adopt SUMMARY OF ORDINANCE NO. 87, Third Series, ORDINANCE NO. 87, Third Series, an Ordinance Amending Chapter 31 of the Orono City Code to Require Background Checks for Massage Therapists. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT 8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE Kellogg noted the Council is being asked tonight to approve the plans and specifications and to authorize his office to advertise for bids. Kellogg indicated back in October the Council considered three options. The first option was to leave the street as is. The second option was to move Old Crystal Bay Road up to 2011 in the CIP from the 2016 slot that it had occupied as well as to move Willow Drive up to the 2013 slot. Option three was to move Old Crystal Bay Road up to the 2011 construction year and leave Willow Drive and Watertown Road in Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 14 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 15 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) the 2016 slot. The Council at that time chose to pursue Option 3 and requested that a feasibility report be prepared. At the October 25, 2010, Council meeting, Staff and Council discussed the Old Crystal Bay Road feasibility report. The Council discussed the two basic street options outlined in the report. Council directed Staff to prepare plans and specifications that included two roundabouts and a wider median (not to exceed 12’ in width), and to further explore less expensive landscaping treatments for the median and roundabouts than were shown in the report. The Council also directed that a third roundabout be included as an alternate. During the design process it became apparent that bidding the third roundabout as an alternate was not going to be feasible due to the state aid review process. In addition, the locations of the north and south roundabouts were relocated near the middle of the project to minimize travel distances and to help with emergency vehicle access. The Council discussed and approved the third roundabout at the January 31, 2011, special Council meeting. During the month of January, 2011, the Council further discussed the width of the median and voted in favor of the previously approved wider median as well as landscaping at the January 31, 2011, special Council meeting. The plans included with this memo reflect the improvements the Council approved on October 25, 2010, and January 31, 2011. The plans further incorporated alternatives for the median and roundabout landscaping as directed by the Council at the March 28, 2011 meeting. The next step in the process is to approve the plans and specifications and authorize advertising for bids. The base bid will include the minimum design to address a failing roadway and replacement of infrastructure that is reaching the end of its useful life. The alternate bids include landscaping options that range from sod to drought tolerant and salt resistant plantings, rehabilitation of the city hall parking lot, completion of the Kelley Parkway sidewalk and associated amenities, and replacement of an undersized failing sanitary sewer line between Old Crystal Bay Road and the golf dome. Once the bids are received, the Council will have the option to award only the base bid, award the base bid and any or all alternate bids, or reject all bids. McMillan asked if it was the northern roundabout that was added and the middle roundabout relocated. Kellogg indicated the roundabout located in front of the middle school was located further north and then the third roundabout was added in the center. The roundabout at the student center was not there until January. McMillan noted the third roundabout was originally going to be an alternate bid, which was questionable due to the City receiving state aid for this project, and was later changed to be included in the base bid. Mayor McMillan opened the meeting to public comments at 8:42 p.m. Jim Dillman, Orono, stated part of this project is replacing the water main. After speaking with Don DeBaere and Tom Kellogg, it appears that in the last five years no one is aware of any water breaks. Cast iron water mains have a long life. Dillman stated the storm water regulations have changed in the past few years but it would take very little effort to correct the storm water issues on this road. The sanitary Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 15 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 16 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) sewer line is in disrepair but it is doubtful the road project needs to be done to correct the sewer line. The sewer line is located quite a distance from the edge of the boulevard. If it is that bad, it should have been replaced already since the majority of the repair can be accomplished without tearing up the road surface. Dillman stated the base of the road appears to be in very good shape and that the poor road surface is due to a lack of maintenance over the years. Dillman commented that this project appears to be a tremendous problem for the very short amount of time that school is in session. There is approximately 10 to 15 minutes of congestion two times in the morning and once in the afternoon and it seems the City is going to be spending a tremendous amount of money to solve that problem. Dillman stated in his opinion the project is overboard. Dillman asked if the City is receiving state aid money for the landscaping and plowing. Kellogg indicated the City is able to use state aid money for landscaping as well as construction. Dillman commented there are a number of other MSA roads in the City that are in greater need of repair and that this project seems to be excessive. Dillman stated he is aware of the problems with students crossing at places other than at crosswalks and a few simple signs could help resolve that situation. The City could do a mill and overlay in 2011, which would prevent the base of the road from getting any worse, and then in 2012 add turn lanes and bypass lanes. The City will then wind up with a road that is easier to maintain and cheaper to improve. Kellogg stated the water main replacement was discussed thoroughly with Public Works and Scott Oberainger felt it should be replaced based on his knowledge of the system. The sanitary sewer line was televised and it showed that it does need to be replaced. In addition, soil borings were conducted and they showed that the standard gravel base is four inches, which is very inadequate due to the bus traffic and the nine ton design it should be meeting. Kellogg noted these issues were discussed with the Council back in October. McMillan asked how old the water main is. Kellogg indicated it was installed in 1967 and that the sewer main is of the same vintage. Franchot stated the issue tonight is not to discuss any design issues but to approve the project so it can be put out for bids. Franchot requested that the Council move forward with that process. The Council has had lots of discussion on these issues and no new issues have been raised tonight. McMillan noted there has been one open house. Franchot commented there have been a number of meetings held in conjunction with the School District. Elizabeth Lavang, 4010 Bayside Road, encouraged the City Council to follow some of their own policies. The pavement management plan of 2006 talks about critical stages in a street life cycle. What is being proposed is that Willow and Watertown will not have any improvements until 2016. Lavang encouraged the Council to take a drive on those roads to see what terrible shape they are in and to ask themselves whether they are worse or better than Old Crystal Bay Road. According to the City’s own documents, Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 16 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 17 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) during a street's life cycle, renovation costs increase quickly if maintenance activities are delayed too long. Streets that receive no maintenance are often beyond repair in just 10 years, while streets that are properly maintained in the life cycle can last 25 years or more. Lavang questioned what those streets will look like in 2016 if the City is going to delay improvements for another five years. In addition, the City's community management plan under transportation states that Orono Orchard Road, Brown Road, Willow Drive, and Old Crystal Bay Road are primarily located in the rural area and serve a dual function as collector and local streets. Discouraging expansion of their use by nonlocal traffic will help to preserve the rural character of the area while enhancing safety. Lavang stated Old Crystal Bay Road is a rural road and what the Council is proposing is not in keeping with a rural road. McMillan closed the meeting to public comments at 8:49 p.m. Printup commented this has been a tough issue and that emotion comes into play when the safety of children is being discussed. It appears that much of the help needed occurs at the pickup and drop-offs at the school. It was also very clear that much of the traffic problems may only be helped by a new road with three roundabouts, a landscaped median and replacement of utilities. The vehicles will still likely stack and the pickup and drop-off times would still probably be pretty long and frustrating. Printup commented he looks at the project and would like it. Printup indicated he attended Orono schools from kindergarten and eventually graduated from Orono High School. The new road would be beautiful and help with the security and safety, but that he cannot look people in the eye and tell them that we need all of this. Printup stated they do not need it but rather want it. This project will consist of $250,000 in lights, $100,000 in landscaping, $30,000 plus in irrigation and water in the middle of the street, $20,000 of ongoing maintenance, and replacing utilities in a road that might not even be necessary. The feasibility study simply points out the suggested improvements of it. The City is proposing to spend $3.3 million for a road that is only heavily used a few months of the year and spending that type of money is not prudent. Printup stated the issue comes down to pickup and drop- off times ad considering the umber od days school is in session, use comes down to about 2.5% for the entire year. Printup pointed out there are lots of streets in Orono that need to be improved and maintained. There are also lots of streets that are privately maintained. This project would put on hold other projects that are traveled heavily year-round. Printup stated he can understand the school’s interest in the project, but it is not a road that is traveled by the residents. Government needs to take a good look at each tax dollar spent and get the biggest bang for each dollar spent. The City's priorities should not be the $3.3 million for one road but rather the City Council should be looking very hard at each road that needs repair with the same type of frugality exercised in people’s homes. Printup continued that Orono has a AAA bond rating because of its spending restraints and not because the City is going to put all of their eggs in one basket. There is no such thing as free money. Printup stated unfortunately half of the discussion regarding this project took place with the previous council that had a different philosophy. Additional discussions have incurred costs, but also brought about an open house that allowed people to have a voice. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 17 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 18 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) The Council is not at a point of no return. Printup stated in his view Staff should study Option No. 1 with cost reductions in mind, such as better justification for utilities under the road and no cable rail. Printup stated Staff could have the summer to study the project further and then the City could hold an open house in late summer or early fall. Printup recommended the City have the open house at the beginning of the project rather than the end. Printup commented that much of the work can be reused because the reports can still be utilized. Printup moved to have Staff explore Option 1 of the feasibility study, with the objective being to reduce costs wherever possible, to strive to hold an open house in the late summer/early fall, and to go out for bids in January 2012. McMillan seconded motion for discussion. McMillan stated she has similar concerns as those expressed by Council Member Printup and noted that she was involved early on in the discussions regarding the feasibility study and then also the final design. McMillan commented she has struggled with this project and that half a million dollars has been added to an already expensive project. In addition, a third roundabout was added in January at a cost of approximately $150,000. The 10-foot landscaped median has been reduced to $100,000 but started out much higher. At the time the third roundabout was added in January, McMillan indicated she attempted to reduce the median to four feet but was unsuccessful in steering the project in that direction. McMillan stated initially she felt that the school’s offer to do maintenance on the landscaped median would work out well, but once they got down to the legal agreement, the school ended up saying that they were only willing to do in kind maintenance for five years. After that point it would basically become the City’s responsibility. McMillan noted she has had residents tell her that they do not want the City to pay for maintenance. In addition, the Council later on found out there is mandatory lighting required for the roundabouts. The City is looking at installing 30 fixtures for $250,000. McMillan stated she knew the lighting was included in the feasibility study with the non-roundabout option but that she thought it would be something where the City could obtain some cost savings. McMillan indicated she did not have the impression in the beginning that the roundabouts generated a lot of new fixtures. McMillan stated in her view the design of the project has gotten complex and is not really in keeping with the philosophy of Orono. Orono is a low maintenance city and the City Councils in the past have gone out of their way to keep costs down, especially as it relates to ongoing maintenance. As part of this project, the Council is now looking at up to 600 shrubs, 50 trees, and maintaining 400 feet of lineal cabling. McMillan stated in her view parts of this design are not environmentally friendly. Using city ground water to irrigate the median does not send a good message to the residents and that they are talking about irrigating a strip of land that extends for a quarter of a mile long. It also requires the City to pay for the energy costs associated with 30 light fixtures, which is an increase in energy costs to the City. McMillan stated she also does not feel that Orono really wants this road lit up all night with 30 fixtures in basically a rural area, which is also not part of Orono's philosophy. McMillan stated a brief summary of some of the issues that have come up include the City giving up a good chunk of right-of-way for the southern roundabout as well as the school giving up some right-of- way. The southern roundabout now has five access points, which is complex and confusing. McMillan commented that in her view this project has had a lack of public input even though there was an open Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 18 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 19 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) house last week. McMillan stated there should have been an open house back at the time of the feasibility study. As part of this project the city hall entrance will still be located off of Old Crystal Bay Road. McMillan indicated during this process she attempted to get the entrance off of Kelley Parkway but that it will remain off of Old Crystal Bay Road via the roundabout. McMillan stated this project is taking away money that could be used for other road projects. McMillan indicated she has seen how Willow and Watertown Road have disintegrated this past winter and that those are important projects that should be moved up. The City can go out for more bonds to get Willow done in 2016, but will not pay off the MSA account until 2030 and beyond. McMillan commented that this project is a big use of MSA money. While MSA money is not Orono taxpayer money, it could be used to fix other Orono roads. The residents want their roads fixed. McMillan stated the Council needs to be very cognizant of cost savings and that she would concur that the Council should think about going back to the other option in the feasibility study. McMillan noted she is cognizant of the work that has been completed to date but that the City needs to look at reducing costs. McMillan noted the videotape needs to be changed and that the Council will have a brief recess. (Recess taken from 9:03 p.m. to 9:08 p.m.) Franchot asked where the half a million dollars was added to this project that Mayor McMillan referenced. McMillan indicated she added the lights into that figure since with the non-roundabout option the lights could be a potential cost reduction. Franchot noted the cost of the lights was included in the feasibility study and was not added to the project. McMillan stated it is difficult to reduce expenses on this project since a number of the items are mandatory with the roundabouts and safety related. Kellogg noted the estimate for the lighting under Option 1 was listed at $240,000. In the roundabout option, the lighting allowance was $288,000, which has been reduced slightly. Kellogg stated those costs were not added after January but were included in the feasibility report as part of the base bid. As it relates to the $144,000 for the additional roundabout, the City will not know the exact cost for that portion of the roadway unless the project is put out for bids. Franchot pointed out the City obtained its AAA bond rating because they have spent money prudently and have paid it back. Olson agreed with Franchot that it is one of the justifications used by Moody’s for the AAA rating. Franchot stated it is also questionable how much of the money that has already been invested could be reused if the project is radically changed. Franchot asked if the open house was such a concern, why the Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 19 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 20 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) Mayor did not request it sooner. Franchot stated in his view the public input has been more than adequate and that the City Council and Staff have met frequently with the School District. Franchot commented it is easy to pick pieces of the project out and complain about them, but as a whole the project stands on its own, is reasonable, and has been vetted very well. Franchot stated he understands that Printup and McMillan have never been supportive of the project, but that in his view this is a well thought out, well considered, and financially prudent plan that would replace a deteriorated road with a better functioning design that will last for 40 to 50 years. Franchot stated in his view the Council should move forward with the agenda item. Franchot noted there is a motion on the floor but that he is hopeful it will be defeated and that the Council can then move forward with a motion to go out for bids. McMillan noted the third roundabout came about towards the end of January and that she did overlook holding an open house at that time. The feasibility study had a 4-foot median as an option. This project has been a work in progress and that there has been time pressures due to the limited construction season. McMillan commented that if she could do it over again, she would have had a public hearing in October and a second one earlier this year. McMillan commented that it was better to have one than not at all. Franchot stated as it relates to the comments received at the open house, there were two or three that were strongly opposed, several that had comments of the nature that they hoped the City would have a connecting trail, and three or four that were quite positive about the plan. Franchot stated the public commentary that was offered was, at worst, split, and in actuality fairly positive. Kellogg noted the feasibility study offered two options for the median and the City Council in October directed Staff to design a wider median not to exceed 12 feet in width. McMillan noted the Council did discuss alternative median sizes. At the meeting with the school board on January 21st, there was a discussion about adding the third roundabout and that she suggested at that time the width of the median be narrowed in an effort to reduce costs. The school board’s consultant thought that was reasonable. McMillan commented she felt that was a direction that the Council could have pursued in order to alleviate some of the costs. Franchot stated it was his understanding that it was determined that a 4-foot median was at least as much money as a landscaped median. McMillan stated the 4-foot concrete median had 800 feet of cabling included in it and it was not really comparing apples to apples. Bremer requested the motion be voted on. Bremer indicated her comments have been consistent throughout this process and that she would let them stand. VOTE: Ayes 2, Nays 3, Franchot, Bremer and Rahn Opposed. MOTION FAILED. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 20 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 21 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) Franchot moved, Bremer seconded, to approve the plans submitted by the City Engineer containing the various options requested by the Council and to direct that those plans and specifications be put out for bid, with the bids being received by May 19th, and with the final bid numbers being presented to the Council on May 23rd. Rahn commented he does not see any benefit to not put this project out to bid. Rahn noted the Council is not here tonight to decide whether the project moves forward but to approve putting it out for bids. If in fact the project does not move forward for whatever reason, the Council will need to have more discussion than simply making a motion on how to proceed. Rahn reiterated at this point he does not see any benefit to the City by not putting the project out for bid since it would involve minimal costs to the City. McMillan asked if there will be any work required by the City Engineer in May. Kellogg stated the only work planned at the present time is relocating the utilities so they are out of the way for when the project starts. Kellogg indicated his office will also need to respond to some of the state’s questions. McMillan stated if the landscaping, irrigation, and trees and shrubs were removed for cost reasons, that she would not expect the school board to have any interest in maintaining the median and that she has a concern that it will become an eyesore if it is merely grass. McMillan stated in thinking about the landscaping, if all the landscaping is left out, it will leave a flawed design, and that is one of the issues she has with proceeding forward with going out for bids. Bremer requested the mayor call the question. Printup stated as it relates to the comments from the open house, it was said that it's a great idea, but then it goes on to say, way too much traffic for the road the way it is now. Other comments were that the design does not greatly improve the elementary drop off; make sure the entrance to the middle school lot is available; traffic flow as it is currently set up does not work very well; plans address both safety concerns and traffic flow problems; current traffic congestion and flow is abysmal and concerning; it's scary to leave the parking lot from the school. Printup commented that it may not necessarily be a problem with the road itself but it could be a problem with the school bus drop-off and pickup design. Printup noted in the past he has asked why the school is so interested in this project, is the City alleviating a problem for them and why do they want this project. Printup stated it goes back to the discussion that the Council had months ago when he asked what skin in the game the school has. Printup stated even with the new design the stacking will likely continue. The drop-off times might go from 45 minutes to 40 minutes. There might also be a few accidents during the learning process of the roundabouts. McMillan commented there could also be some new stacking problems with the roundabouts. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 21 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 22 of 30 (8. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN AND SPECIFICATION APPROVAL AND AUTHORIZATION TO ADVERTISE, Continued) Kellogg indicated the simulation model utilized the peak morning numbers. It was the best representation that they have based on the information they were able to collect. The study showed that the stacking should be minimized, the backups on the road should be minimized, the passing on the shoulder should be minimized, and addresses the safety concerns of the police chief. McMillan stated given the state of the roads after this winter, she has a concern that it will be difficult to plow snow with a design like this and that the roadway will require a great deal of ongoing maintenance. (The last motion was read back by the recorder) Kellogg noted the May 19th and May 23rd dates are anticipated dates and that the action he is looking for tonight is to approve the plans and specifications and to go out for bids. Kellogg stated the goal right now is to open the bids on May 19th. Franchot indicated he would accept that change to his motion with the final motion to read: Franchot moved, Bremer seconded, to approve the plans submitted by the City Engineer containing the various options requested by the Council and to direct that those plans and specifications be put out for bid, with the bids expected to be received by May 19th, and with the final bid numbers expected to be presented to the Council on May 23rd. VOTE: Ayes 3, Nays 2, McMillan and Printup Opposed. 9. HUNTER DRIVE IMPROVEMENTS - INFORMATION ONLY Kellogg stated the City of Medina has scheduled to mill and overlay Hunter Drive between their southerly municipal boundary and County Road 24. Approximately 1100 feet of Hunter Drive located south of the Medina municipal boundary lies within Orono. The Orono portion of Hunter Drive is in extremely poor condition and is rated as a reconstruct. Hunter Drive in Orono is not on the current 9-year street CIP. Kellogg indicated he and Don DeBaere have been in contact with Steve Scherer, Medina Public Works Superintendent, to discuss coordination of their work and any possible work in Orono. They have inspected the Orono portion of Hunter Drive and have concluded milling and overlaying that portion of the roadway does not make sense due to the deteriorated condition of the roadway. There are several bad spots that should be dug up and repaired and then the whole surface should be crack sealed and seal coated. This would result in a more uniform surface to match the Medina improvements and extend the life of the roadway an estimated five years. The estimated cost to mill and overlay the Orono portion of Hunter Drive is $26,000. The crack seal and seal coat cost is estimated to be $6,000. Kellogg stated at this time he does not feel the mill and overlay treatment will extend the road life further than the recommended treatment and the $20,000 cost savings is significant and warranted. This work will be coordinated with Medina and the funding will be from the street department. McMillan indicated she has received comments from the residents regarding Hunter Drive in the past and that she had requested the Mayor of Medina keep her informed when they planned to do some improvements. McMillan indicated she was concerned about the Orono portion of the road matching up with Median’s portion. The asphalt on the Orono is a lot older than the Medina asphalt portion, which is why there seems to be a pretty big difference between the two road surfaces. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 22 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 23 of 30 (9. HUNTER DRIVE IMPROVEMENTS - INFORMATION ONLY, Continued) Kellogg stated the road has been classified as a reconstruct for a number of years but it has not risen to the level that it needs to be put on the five year CIP. The treatment being recommended by the Public Works Department is to dig up the bad spots, put down some new class five, and then new pavement over certain select areas, which should extend the life of the road another five years. They are estimating $6,000 to seal coat the road and $26,000 if it is milled and overlaid. Kellogg indicated the City will not get any extra life for the additional $20,000. The City Council took no formal action on this matter. MAYOR/COUNCIL REPORT Rahn asked if the energy assessment conducted by Xcel has ever been acted on or moved forward and whether any recommendations from the report were implemented. Loftus indicated that Don DeBaere or Lyle Oman would be able to respond to the status of the energy assessment. Rahn stated it sounds like the City would get a three year payback, and that if the City is still able to get the rebates, it would be a win/win situation. McMillan requested the City Administrator get back to the Council on the Xcel energy audit. McMillan noted the Long Lake Fire Department's pancake breakfast is scheduled for Sunday, April 17th, at the Willow Drive fire station. McMillan stated the Council briefly spoke about a community garden in Orono at a work session and that some of the discussion centered around the location of the garden. Private land was mentioned as well as possibly having a community garden on the fire station land just east of Willow Road. McMillan stated the City Attorney would need to comment on whether city-owned land would be able to be used. McMillan commented since it is now April 11th and the growing season is approximately one month from now, it may not be possible for this year. McMillan indicated the plan is to give the food that is grown to the local food shelves. Mattick commented they are seeing more community gardens. Mattick indicated he did speak about this at the Staff level. At the present time the City's ordinances require at least 10 acres for crop sharing. The site in question does not have that amount of acreage so it would require a code amendment. Mattick stated he is not sure how much time the Council would like Staff to spend on drafting the ordinance. Mattick indicated it can be streamlined to avoid the Planning Commission and that in his opinion something like that can be accomplished in a month if the City Council is just interested in changing the acreage requirement. Mattick noted there has been some discussion and regret expressed in the past from the Council about skipping the Planning Commission on different items. Mattick stated from a procedural standpoint it can be accomplished in a relatively short period of time. McMillan asked what could be done from now until the next Council meeting. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 23 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 24 of 30 (MAYOR/COUNCIL REPORT, Continued) Mattick stated the Council will need to look at what a reasonable amount of land would be and that Staff could research other cities’ ordinances to see what they require. Mattick indicated the acreage requirement could be reduced or eliminated and that a draft ordinance could be brought back before the Council at their next meeting. Franchot suggested the City of Long Lake also be contacted to see what their thoughts are on a community garden and whether they would be willing to provide water to the city property by the Long Lake fire station. McMillan stated the water is a big issue and needs to be researched. Bremer stated in her view this should go before the Planning Commission. McMillan noted that would not be until May 16th. Franchot asked how many people have requested a community garden. McMillan indicated a couple of groups have approached her. Elizabeth Lavang has been working on it and Dan Sapher made the initial request to use property along Old Highway 12 for a community garden. McMillan commented Staff could try to figure out how much interest is out there and that she is attempting to figure out if it is doable from a legal point of view. Bremer indicated she would defer to someone else on the Council on this issue if they would like to research it further. Bremer noted this is not an official item on the agenda tonight and that she would like to have more information gathered on it. Bremer commented that a community garden might be too rushed this year since soil work also would need to be done but that perhaps they can do fall plantings. She reiterated a code change related to community gardens should follow the Planning Commission process. McMillan asked what the deadline is for submitting items to the Planning Commission for their May meeting. Curtis indicated it is April 20th by noon. CITY ADMINISTRATOR'S REPORT 10. SCHEDULING SOFTWARE Police Chief Farniok stated one of the concerns the police department has had is scheduling of the police officers 24/7, 365 days of the year, and that in the past they have had issues with the paper copy. Currently they need to use whiteout if someone requests time off or otherwise changes the schedule. Over the course of the years the police department has never lost the paper copy, but what they are looking at doing is something that is Internet based or computer based. Farniok indicated they would need to make sure that it is maintained and readily accessible to the officers. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 24 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 25 of 30 (10. SCHEDULING SOFTWARE, Continued) Farniok stated one of the things they have looked at is software that could be used by the entire city staff rather than just the police department. Farniok noted this software would also create invoices for the accounting department. Rahn asked whether other departments would utilize it. Loftus indicated the public works department and all city hall staff could do their time sheets on the system, which then could be transferred electronically to the payroll department and would eliminate data entry errors. There is also some invoicing by the public works department that could be done on the system. Loftus indicated the system could utilize the system for time off requests, which would then be synced up with the payroll system. Rahn commented that the City is not going to want each department to have a separate program and that it is good to hear the system can be used city-wide. Franchot asked if this expenditure is within the budget. Loftus indicated they can accommodate it in their current IT budget. Rahn moved, Franchot seconded, to purchase the POSS & TIMES scheduling software from Visual Computer Solutions, Inc. VOTE: Ayes 5, Nays 0. 11. STEP TO IT CHALLENGE Lin Vee stated last fall the City was asked by Hennepin County Public Health Promotions to consider participating in the 2011 Step To It Challenge, a friendly physical activity competition between participating cities in suburban Hennepin County. The county provided each city with coordinator trainings, promotional materials, route signs, incentives for participants, and also assistance with marketing the event at no cost to the City. The request was discussed as a good opportunity to promote an activity through the city. The Step To It Challenge takes place from May 9 through June 5. Participants can count steps they take throughout the day or convert their physical activities such as biking, playing hockey, and gardening into equivalent steps. Steps are then recorded online or can be called or faxed to Step To It. At the end of the four weeks, awards and Minnesota Twins tickets will be presented to the winning cities and individuals. Staff has been promoting the event through the spring newsletter, city website, listserv, city hall display, and an advertisement on Cable Channel 21. Staff has been encouraging residents, employees, family and friends to register for the Step To It Challenge and join the Orono team. Besides the benefits of physical activity, participants can also win awards and Twins tickets. McMillan noted the dates for this event are May 9th to June 5th. Vee noted they only have eight people signed up currently. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 25 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 26 of 30 12. REPLACE DATA CABLES IN CITY BUILDINGS Olson stated the city hall facility is currently 20 years old and that the Category 4 cabling was installed in 1991. The City's network is handling much larger files than in the past, such as audio, video, GIS, photos and databases, and the current cabling is not designed to handle those types of files. Olson stated when you have a number of people accessing a lot of files, there are network performance issues that arise. Olson commented that new technologies expect your computer network to be able to operate at high speeds. The City currently has two specific projects on the drawing board that cannot move forward until a decision is made regarding cabling. If the City chooses to go with voice over IP when the City replaces their phone system, that new system would require at a minimum Category 6 cabling. Staff has also been discussing an imaging program for at least 8 years, which is another highly intensive network use. Images of existing documents such as invoices and planning and zoning documents are stored as picture files with the ability for staff to access these files directly from their desks. Olson stated even if the City does not go forward with either of those two projects, they would still need to upgrade at some point. Olson stated Staff is asking that the Council approve the quote from Parsons for approximately $28,348 to recable the buildings with Category 6a cabling. Olson stated in his view this would be the last cabling the City will need to do since wireless will likely take over at some point in the future. Franchot asked whether there is a Category 7. Olson indicated Category 7 is currently being developed but it is at 40,000 megabytes and is designed strictly for infrastructure backbone and connecting together servers. Franchot asked whether this would include recabling in the City council chambers to allow them to upgrade the video system at some point. Olson stated it would include data cables but not anything new on the video end at this point but that he could look into cabling for video. Franchot indicated he is asking in the event they want to upgrade if the televising of the meetings works well. Olson stated when they originally wired the room, some items were included to make it ready for video and other computerized equipment. Franchot asked if it the cabling is within the budget. Olson indicated the City normally spends $20,000 a year on IT items out of the equipment improvement outlay fund. Last year Staff did not spend that amount. Olson indicated he typically meets with LOGIS once a year in May to discuss the City's IT needs and that they have been recommending the City update their cabling since 2005. McMillan asked if the City will need new servers for the document imaging system. Olson stated they may require one additional server for storage but that the City will still need the right cabling. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 26 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 27 of 30 (12. REPLACE DATA CABLES IN CITY BUILDINGS, Continued) McMillan commented she would like to see a five year plan developed for the technology items rather than doing it piecemeal. Olson stated currently the City replaces their servers every five years and individual PC replacement has been extended from every three years to every four years. Franchot moved, Rahn seconded, to approve the quote from Parsons in the amount of $28,348 to replace the data cabling in the city facilities and to amend the improvement equipment outlay fund to reflect the expenditure. Printup asked if there is a way to piece the project out and do just the police department. He added that he didn’t see a need for cabling in the Council Chambers. Olson indicated they could. Bremer asked why they would cable just the police department. Printup indicated he does not feel the city council chambers require an upgrade. Olson noted they have talked at work sessions about having computers in the city hall chambers and that it is not that much money to cable the chambers while the rest of the city facilities are being upgraded. Olson noted it would likely cost more money later to have it upgraded. Printup stated it is not likely that computers will be added to the Council Chambers in the next few years. Bremer suggested the amount to cable the Council Chambers be determined and recommended the motion be amended to say that the maximum amount the City Council would approve would be $28,348. Franchot indicated he would accept that amendment. McMillan noted that is the amount of the bid from Parsons. Bremer stated that amount at $28, 348 is to cable the entire facility, including public works and the police department, and that they are going to determine the amount of money that would be spent toward upgrading the city council chambers. Printup commented that upgrading technology is always fun but that he does not see the purpose of it for the city council chambers. Printup stated he does see a need for it for the police department but that he would like to see the costs for each area and the reasons for the cabling in each area prior to approving it. Bremer stated the cabling should probably be consistent in all areas in order for the computer network to work well together. Printup commented it is great to upgrade but that he would like to see it pieced out. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 27 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 28 of 30 (12. REPLACE DATA CABLES IN CITY BUILDINGS, Continued) Franchot stated he would not accept that amendment and that he would amend his motion to approve replacement of the cabling in the city hall facilities up to $28,348 but that he would be opposed to any piecemeal of the bid. McMillan asked if the City currently has WiFi. Olson indicated there is a wireless access point located in the hallway and that it is a secured access point. McMillan asked if this would be in addition to the WiFi. Olson stated the WiFi is a shared 100 megabyte circuit and that if there are three computers on it, the speed would drop down to what the City currently has with the Category 4 cable. VOTE: Ayes 4, Nays 1, Printup Opposed. 13. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Loftus noted she has been with the City for one year now and that she has provided two evaluation forms for Council review. The first form was previously used at the six month review and the second form is a more detailed option. The City Council may want to choose one of the attached evaluation forms or revise as necessary. The chosen form will be e-mailed to the City Council and should be returned to the mayor by April 29th so she can prepare a summary of comments for the discussion. The individual forms will be put into the city administrator's personnel file. The City Council may also want to consider gathering staff input from the department heads using the Staff input form that is attached. Loftus stated she would propose a closed session at the City Council meeting scheduled for May 9th to discuss her evaluation. Franchot stated from a philosophical perspective, it is important to keep in mind the difference between five different evaluations and a City Council evaluation that speaks with one voice. Franchot indicated he prefers the latter and that he feels it is important the Council come together and have a common message to Jessica both on performance and things to improve or change. Bremer indicated she is in agreement with Council Member Franchot and that she would recommend the second form be utilized. Bremer noted the forms were obtained from the city attorney. Bremer indicated she likes the numerical rating and the fact the form encourages comments. Bremer recommended the mayor be the collector of the information and then have an open discussion with the Council about the information and to come up with an average for each category. Bremer commented she would also like to have Staff provide input as well. Bremer stated each staff member could either provide their input directly to the mayor or appoint one staff person that would then compile the information and present it to the mayor. Franchot asked if it would be written input. Bremer commented it could be but that in her view oral input would also be helpful. Bremer indicated she personally prefers written comments since it allows someone to remain anonymous if they so choose. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 28 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 29 of 30 (13. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR, Continued) Bremer recommended providing the form in electronic form to staff for submission to the mayor. Franchot asked if there would be a discussion by the Council prior to the discussion with the city administrator. Franchot stated he would prefer to meet ahead as a council and that the mayor could send a summary document of everyone's comments, followed by a short meeting of the Council to help ensure that there is a consistent message being conveyed to the city administrator. McMillan recommended the Council meet in a closed session prior to meeting with the city administrator. Bremer moved, Franchot seconded, to approve the longer evaluation form consisting of 17 questions, with the forms being submitted electronically to each council member, as well as dissemination of the staff evaluation form to direct reports to the City Administrator for their input and that the responses be submitted to the mayor no later than April 29th, with the mayor to provide a synopsis to the City Council. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT 14. HAZARDOUS BUILDING COSTS AT 200 HOLLANDER ROAD Rahn noted there are some inconsistencies in the demolition bids that should be addressed. Rahn commented that it looks as though one of the bids includes the permit cost and one does not and one bid includes the capping of the wells and one does not. Rahn indicated he would also like to see the permit cost included in all bids as well as the silt fence. Rahn noted that both bids seem to exclude the silt fence. The bill from Veit talks about sealing and capping the two wells and the other one does not include that. Rahn commented the Council should have something that is more apples to apples. Mattick indicated he does not know why there are differences in the bids and that Staff can clarify those issues. Rahn moved to table Item No. 14, hazardous building request for 200 Hollander Road, and to request compatible bids from the two bidders. Mattick asked if there were any other items besides capping of the wells and the silt fence that should be addressed. Rahn stated the permit cost and the capping of the two wells is the largest issue but that the silt fencing should also be included. Bremer stated she would prefer they bid on a list of items the City wants completed. Mattick stated the court order allows the City to demo the house and all structures and then level off the land. Mattick indicated he will speak with Lyle and bring this item back to the next Council meeting. Printup seconded the motion. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 29 of 30] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 30 of 30 *15. LICENSES & PERMITS None *16. BILLS Bremer moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CLOSED MEETING 17. LABOR NEGOTIATIONS McMillan stated the meeting will now be closed because the matters to be discussed constitute labor negotiations under Minnesota Statutes. No further City Council business will be conducted after the closed meeting other than to adjourn. The following persons will be in attendance at the closed meeting: Council Members Doug Franchot, Cynthia Bremer, Aaron Printup, David Rahn, Mayor McMillan, City Attorney Soren Mattick, City Administrator Jessica Loftus, and Finance Director Ron Olson. The subject matter of the meeting will be labor negotiations involving LELS Local 40 and the City of Orono. Printup moved, Franchot seconded, to go into closed session at 10:05 p.m. VOTE: Ayes 5, Nays 0. (The City Council went into closed session from 10:05 p.m. to 10:55 p.m.) Bremer moved, Franchot seconded, to open the closed session. VOTE: Ayes 5, Nays 0. ADJOURNMENT Moved, seconded, to adjourn the Orono City Council meeting at 10:55 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ______________________________________ _________________________________________ Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 04/25/2011 Approval of Council Minutes 04/11/2011 [Page 30 of 30] Item #04 - CC Agenda - 04/25/2011 Three Rivers Park District - Dakota Rail Trail Parking [Page 1 of 1] Item #05 - CC Agenda - 04/25/2011 Ralph Kempf - Navarre Area Planning [Page 1 of 2] Item #05 - CC Agenda - 04/25/2011 Ralph Kempf - Navarre Area Planning [Page 2 of 2] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 04/25/2011 File #09-3411 [Total Pages 20] Item #06 - CC Agenda - 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Creekside in Orono [Page 8 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 9 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 10 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 11 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 12 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 13 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 14 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 15 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 16 of 26] Item #11 - CC Agenda - 04/25/2011 Appeal of Assessment for Unpaid Bills - Creekside in Orono [Page 17 of 26] Item #11 - 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CC Agenda - 04/25/2011 Hazardous Building Costs at 200 Hollander Road [Page 1 of 4] Item #13 - CC Agenda - 04/25/2011 Hazardous Building Costs at 200 Hollander Road [Page 2 of 4] Item #13 - CC Agenda - 04/25/2011 Hazardous Building Costs at 200 Hollander Road [Page 3 of 4] Item #13 - CC Agenda - 04/25/2011 Hazardous Building Costs at 200 Hollander Road [Page 4 of 4] Item #14 - CC Agenda - Licenses & Permits [Page 1 of 1] Item #15 - CC Agenda - 04/25/2011 Bills [Page 1 of 6] Item #15 - CC Agenda - 04/25/2011 Bills [Page 2 of 6] Item #15 - CC Agenda - 04/25/2011 Bills [Page 3 of 6] Item #15 - CC Agenda - 04/25/2011 Bills [Page 4 of 6] Item #15 - CC Agenda - 04/25/2011 Bills [Page 5 of 6] Item #15 - CC Agenda - 04/25/2011 Bills [Page 6 of 6]