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HomeMy WebLinkAbout06-27-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members James Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representative Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Consulting City Engineer David Martini was present. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA L CONSENT AGENDA Item Nos. 6, 7, 8, 9, 15, and 16 were added to the Consent Agenda. Printup moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING OF JUNE 13, 2016 Printup moved, Walsh'seconded, to approve the minutes of the Orono City Council meeting of June 13, 2016, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTATION Michelle Hoffman, Clifton, Larson, Allen, was present. Hoffmann noted the audit provides reasonable but not absolute assurance of the City's financial affairs and does not look at every single financial document. Two new accounting policies, GASB No. 68 and 71, were adopted in 2015 and require the City to record its proportionate share of the unfunded state administered pension plans: PERA and PEPFF. Hofmann noted some of the items in the financial audit are estimates and include the useful life of capital assets, valuation of investments, post -employment benefits, and net pension liability. Hoffmann stated her firm received full cooperation from city administration and the financial department. Hoffinann stated they issued an unmodified, clean opinion on the City's financial statements, which is the best opinion that can be issued. Hoffmann stated as far as internal controls, the same two internal controls were noted that have been found in the past and include preparation of financial statements and segregation of duties. Hoffmann stated those two items are common in smaller cities and that they would be willing to work with the City on the segregation of duties. Page 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 3. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTATION (continued) Hoffmann reported there was one exception noted related to the prompt payment of bills. Out of 25 disbursements selected for testing, three invoices were past the 30 -day deadline. Hoffmann reviewed the City's General Fund as it relates to the unreserved/unassigned fund balance for the past five years. Overall the General Fund unassigned increased in 2015 and is currently sitting at 16.5 percent of annual expenditures. This is an increase of $385,710 over 2014 and is primarily the result of higher than budgeted building related fees, which accounted for an additional $117,000. The City's largest revenue source is property taxes, followed by user fees, licenses and permits, other revenues and intergovernmental transfers. The City also received additional revenue from the golf course and the police contract. Major General Fund expenditures have remained relatively consistent over the past few years, with slight increases noted in the categories of public safety, general government, and streets, but nothing of significance. Main expenditures include debt service and capital outlay, with a slight decrease in capital outlay in 2015. Hoffmann noted in 2014 the City had the police garage project, which had increased that category in 2014. As it relates to other government funds, these are used to account for revenue derived from specific revenue sources that are legally restricted to expenditures for specific purposes. There are two main categories — restricted and assigned. Hoffmann noted the restricted category increased a little bit from some transfers into the fund. Park dedication fees also increased from $50,000 in 2014 to $300,000 in 2015 as a result of the Lakeview development. Hoffmann noted all enterprise funds except for sewer increased slightly in 2015. Unrestricted includes the water fund, sewer fund, storm water fund, recycling and cable television. All enterprise funds experienced an increase in operating costs_ Hoffmann noted the fees for the Metropolitan Council increased in 2015, which caused the operating income for the sewer fund to go down. Hoffmann reviewed the City's debt service and noted that the debt service will go up slightly in 2016 and then down for two years. The City's debt service is projected to go back up in 2019. As it relates to the City's tax rate, Orono is one of the lowest compared to the statewide city average and neighboring cities. Other items included in the audit include the following: GASB 68 and 71 implemented in 2015, required Orono to report a net pension liability for their allocation of the state administered pension plans, PERA and PEPFF. Hoffmann stated it basically added several additional pages of footnote disclosures and supplementary information. Hoffmann noted a number of states have net pension liabilities and that the Government Accounting Standards Board wanted people to become more aware of that. Overall the State of Minnesota is fairly well off in regards to their unfunded pension liabilities compared to a number of other states. Page 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 3. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTATION (continued) Hoffmann noted Orono also received the GFOA Certificate of Achievement for Excellence in Financial Reporting for 2014 and that Orono should likely receive it again for 2015. McMillan thanked City Staff and the Financial Department for their good work over the years in managing the City's finances. The City Council took no formal action on this item. 4. TOUR DE TONKA Tim Litfin, Minnetonka Community Education, addressed the City Council regarding the 2016 Tour de Tonka. This year's event is scheduled for Saturday, August 6. Litfin stated there were 3,500 riders last year, with participation coming from 239 different communities, 36 Minnesota counties, 24 states, and four countries. This is an increase from 2014. Out of the top 40 participating communities, Orono ranked 30. The City of Minnetonka is ranked number one. The event also attracted riders ranging from 0 to 89 years old. To date, the Tour de Tonka has raised over $40,000 for the ICA Food Shelf. Participation has grown each of the first ten years, with the City of Minnetonka being the number one city for participation each year. In 2015, Tour de Tonka has coordinated and collaborated with 104 different police departments, fire departments, cities, counties, ambulance crews, security guard companies, parks, schools, vendors and sponsors. Tour de Tonka offers seven different ride distance options ranging from 15, 28, 40, 48, 57, 67 and 100 miles. Litfin noted Trinity Lutheran in Orono provides a wonderful rest stop for the riders. There were also approximately 20 volunteers from Orono, with 497 volunteers overall. Litfin displayed some pictures of the riders from the 2015 Tour de Tonka. McMillan asked how traffic is managed on County Road 6. Litfin indicated police are stationed at busy corners and intersections. Volunteers are also stationed at non -busy areas to direct the riders. Litfin stated they attempt to alert people about the event with letters, newspaper articles, email blasts, and signage. Litfin stated they do their best to get the word out. Walsh encouraged any interested residents to go to tourdetonka.org to register for the event. Walsh stated the registration fees run from $29 up to $65 for the 100 -mile ride. Litfin stated riders can also register the morning of the event as well. 5. GILLESPIE CENTER Jeanne Brustad, Past President of the Gillespie Center, and Deb Taylor, CEO of Senior Community Services, were present. Page 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 5. GILLESPIE CENTER (continued) Deb Taylor thanked the Orono City Council for their past support of the Gillespie Center and Senior Community Services. Taylor provided an overview of Gillespie's 2017 budget. The total population in Orono has gone down from 2000 to 2010 but the number of 60 -plus individuals has increased from 993 to 1558. This represents an increase of 8 percent. Senior Community Services include household and outside maintenance for elderly, senior partners care, senior outreach, Medicare and health insurance counseling, and senior centers. Household and outside maintenance for the elderly include homemaking, household repairs, painting, mowing and plowing, raking, window washing, yard clean-up, in-house safety assessments. Senior partners care enables seniors to get the medical care they need by bridging the financial gap between their medical bills and their Medicare coverage. Senior outreach and caregiver services include a licensed social worker who has an office at the Gillespie Center. The elderly also have the option to obtain Medicare and health insurance counseling with a licensed counselor who volunteers at the Gillespie Center. The counselor will meet one-on-one to help seniors and their caregivers to make the best choices for Medicare supplemental insurance options and Medicare Part D plans. Also available is an employee of the Senior Community Services who promotes life-long learning by providing educational, social and health programs to seniors and community members. Jeanne Brustad stated the Gillespie Center is a senior community center for elderly residents throughout the area. The Gillespie Center helps coordinate services for the seniors in the community but it also provides a place for other people to come and socialize. Research shows that an active senior center helps to reduce the risk of depression in elderly people and helps to slow down deterioration of cognitive skills that are needed to live independently. An active senior center also enhances social connectedness to the community. Seniors who are involved in the center have a better social, physical, spiritual, emotional, and mental wellbeing. Orono's community garden produced fresh and delicious vegetables and helped to supplement the Meals - On -Wheels program as well as the meals served at the Gillespie Center. Brustad stated the community garden was a blessing to all. The volunteers took pride in delivering meals to the smiling faces of the recipients and the Gillespie Center was also able to save money on food costs and were able to serve fresh vegetables to a number of seniors. Another way the Gillespie Center helps the local residents is by partnering with the local police departments. In 2015, two drug forums were held, with hundreds of people attending each forum. Statewide speakers were featured at both evens. In addition, several nonprofit and other organizations use the Gillespie Center. Orono and Mound have a joint swim team and they hosted two banquets at the Gillespie Center. Orono Housing, LLC, held a meeting with 60 people attending. The Humana Medicare meeting had 25 people. The Gillespie Center also offers a number of activities for trips for its members. These activities can be on a bus as a group or simply provide an opportunity for members to attend. Past events have included a trip to Galewood Farms, various casinos, plays, and other places of interest. Page 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 5. GILLESPIE CENTER (continued) The trips are usually well attended. In addition, the Gillespie Center has an active photography club; bridge, canasta, cribbage and 500 card clubs; dice games; farkle; a beading class; craft club; and knitting and crocheting clubs. The Gillespie Center has also added adult coloring this year, which has been gaining popularity with all age groups. A number of several exercise groups are also available at the Gillespie Center, including line dancing, yoga, two different exercise classes, and a Nordic walking group. There is also a small group of gardening volunteers that work around the center. The Westonka Gardening Guild is currently working on plans to organize the garden in the back of the center. One of the more popular activities at the Gillespie Center is the Gillespie Singers. This group puts together programs to entertain Gillespie members as well as other community members. The programs often have a theme. Brustad stated research also shows that it is important for all age groups to interact with each other. The Gillespie Center offers activities throughout the year that involve children, parents, and grandparents. These activities give people a chance to do fun activities with each other. The Gillespie Center also typically has at least one speaker every month, hosts authors of books, and offers blood pressure checks, foot care, and flu shots, which are also available to the entire community. The Gillespie Center also sponsored a golf tournament, which was one of several fundraising events. Brustad stated the Gillespie Center is also working on developing an endowment fund so the Gillespie Center will be able to be self-sufficient in the future and will be able to continue to provide services to the community. To accomplish this, several fimdraisers are held, such as a golf tournament, hidden treasures, and a holiday boutique. Members also sell sweepstake tickets, lunches, and host many other evening activities in addition to selling script gift cards. The Gillespie Center is also rented out for weddings, birthdays, and other community activities. Brustad stated they currently have a fundraising committee that is presently working on new and innovative ideas to raise funds. Another service to the community at the Gillespie Center is the day-old bakery section. Volunteers drive to Cub Foods every morning seven days a week to pick up the day-old baked goods and bring them to the center. Brustad stated there are many people of all ages in the community that arrive early several days a week to pick up baked goods in exchange for a small donation. Brustad stated this service helps both members of the community and the Gillespie Center. The Gillespie Center also attempts to have collaborative activities with the various schools in community. These activities make it possible for several intergenerational activities to occur, which is healthy to both sides of the age spectrum. Orono students get to enjoy these activities also. Other activities include two quilting clubs, one of which donates quilts to WeCan, and Santa's Hidden Treasures. This event allows children to go shopping for gifts for their. family members. Volunteer high school students and parents help out at this event. Page 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2026 7:00 o'clock p.m. 5. GILLESPIE CENTER (continued) Brustad stated it is difficult to determine from each of the seven or more communities how many residents come from Orono, but that the Gillespie Center has attempted to calculate that number. In 2015, 50 Orono residents were served through Senior Community Services for various activities, 35 Orono residents are listed as paid members of the Gillespie Center, there are 25 Orono Meals -on -Wheels clients, and 1,411 meals were delivered. Brustad noted most of the programs offered by the Gillespie Center are free and open to the public and do not require registration or fees. Brustad indicated they have used a percentage of members to make some logical estimates of the number of Orono residents who have utilized the program. In 2015, there were 1,248 people who utilized the health services from Orono. Approximately 988 people throughout the year from Orono participated in educational events and programs; 1,293 people from Orono participated in recreational events and programs; and 44 people used the IRS Certified AARP tax preparation service. Brustad stated the Gillespie Center also volunteers at the Tour de Tonka Mound rest stop. Deb Taylor thanked the Orono City Council for their support over the years. Taylor noted in previous years the Gillespie Center received $19,000 from the City of Orono, which was decreased down to $9,500 the past several years. Taylor stated she would request that the City's contribution remain at $9,500, and that she would like to thank the Council for helping them create an environment to help seniors live now and well into the future. Council Member Walsh stated he is one of the 35 Orono members and a golf course sponsor as well. Walsh commented he appreciates everything the Gillespie Center does. Walsh noted he spoke with Orono's City Administrator about this a number of times and that he is becoming educated from a services perspective. Walsh stated a lot of cities provide senior services directly but Orono has the Gillespie Center and that they are one of the assets that help support the Orono community. Walsh stated he has also talked with Council Member Printup about this a number of times and that in his view it is important to support the Gillespie Center from a business and personal perspective because it helps enhance the local community good and allows citizens to stay in the area. Walsh stated he would be glad to support their mission and funding. Council Member Printup thanked Deb Taylor and Jeanne Brustad for their presentation. Printup stated it was the most thorough presentation they have ever had. McMillan stated she really appreciates all the work that has been done by the Gillespie Center and that she appreciates the update as well as the community forums that have been held. McMillan stated the Gillespie Center has been a very good asset to the community and that the Meals -on -Wheel program provides a great service. McMillan stated the City of Orono is very lucky to have the Gillespie Center available to its residents. Council Member Levang stated she is very familiar with the Gillespie Center and that she often sees the people having coffee, playing cards, or exercising or dancing. Levang stated the Gillespie Center is a wonderful organization and that Orono is very lucky to have it in their community. Page 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 5. GILLESPIE CENTER (continued) Levang stated if Orono was to provide all these services, they would not be able to afford it and that they look to the Gillespie Center to do that. Levang stated the Gillespie Center has her commitment to continue to be their partner because they are a very valuable asset to the community. Levang noted Commissioner Jan Callison has stated that the greatest population growth being experienced is among seniors, and as they continue forward in time, Orono will have more and more seniors. Levang stated the City's partnership with the Gillespie Center will be even more important as the years go by and that it needs to be a solid relationship. Levang stated she is very happy to support the funding that has been requested and that she would challenge the City Council to increase it. Diane Carlson, Orono resident, stated a year and a half ago she lost her husband and that she has been an Orono resident for 42 years. Carlson commented Orono is a wonderful community to be in and that she got involved with the Gillespie Center after the death of her husband, which was a Godsend for her. Carlson stated it got her out socializing with other people and that they serve a nice lunch. Carlson stated she would highly recommend people utilize this facility and that the Gillespie Center has been an inspiration to her. Printup recommended the Gillespie Center come back every year and present the information. The City Council took no formal action on this item. PUBLIC COMMENTS None PUBLIC WORKSICITY ENGINEER REPORT *6. WELL SITE #4 AWARD Printup moved, Walsh seconded, to award the Well #4 construction project to Traut Wells for $556,468, and to authorize Bolton & Menk to provide construction management services for a fee not to exceed $43,925. VOTE: Ayes 5, Nays 0. *7. PARK MAINTENANCE CONTRACT WITH SENTENCE TO SERVICE (STS) Printup moved, Walsh seconded, to approve the contract with Hennepin County Sentence to Serve for park maintenance not to exceed $6,779.20. VOTE: Ayes 5, Nays 0. *8. APPOINTMENT OF 2016 SEASONAL EMPLOYEES — UPDATE 4 Printup moved, Walsh seconded, to approve the hiring of Myron Larsen, seasonal employee. VOTE: Ayes 5, Nays 0. Page 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. PUBLIC SAFETY REPORT None PLANNING DEPARTMENT REPORT — Jon Schwingler, Representative *9. #15-3786 MOONEY LAKE PRESERVE — PRAIRIE VIEW LANE CONSTRUCTION, APPROVE REVISED COVENANTS AND DEVELOPMENT AGREEMENT Printup moved, Walsh seconded, to approve the Amendment to Development Contract, Second Amendment to Declaration of Covenants, and the Road Construction Agreement regarding Prairie View Lane. VOTE: Ayes 5, Nays 0. 10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD — PRELIMINARY PLAT 2ND REVIEW — COMPREHENSIVE PLAN AMENDMENT: PRELIMINARY APPROVAL RESOLUTION — RESOLUTION NO. 6637 Senior Planner Gaffron stated before the City Council tonight is a comprehensive plan amendment for the former Eisenger property. In addition, the applicant is requesting preliminary plat review. Gaffron noted on May 9 the City Council voted 5-0 to table the application and directed Staff and applicant to follow up on three specific items: 1. Staff to review and confirm with the Metropolitan Council the status of Orono's development density situation and provide data regarding the number of units required relative to this development in order to remain above the 3.00 units per acre threshold. 2. Developer and Staff to meet with Hennepin County representatives regarding the potential and conditions for a second access point. 3. Review plat and access with Fire Chief Van Eyll. Pursuant to Council direction, Staff communicated with Metropolitan Council staff and received clarification on their methods for calculating density relative to Comprehensive Plan Amendments. For the proposed 27 -unit development, the Metropolitan Council's calculation resulted in a reduction of Orono's overall development density to 3.01 dwelling units per acre, which is still above the 3.00 threshold. The Metropolitan Council further noted that because the future multi -family site is not proposed to be developed at this time, it does not factor into the current equation. Even absent the multi- family development, Staff expects that the 27 -unit Comprehensive Plan Amendment will be approved. Staff would recommend that the City Council direct Staff to research which other Orono sites might be suitable for re -guiding for higher density to replenish the density offset and discuss the density options at a future meeting. Page 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD — PRELIMINARY PLAT 2ND REVIEW — COMPREHENSIVE PLAN AMENDMENT: PRELIMINARY APPROVAL RESOLUTION — RESOLUTION NO. 6637 (continued) Staff met with Fire Chief Van Eyll on May 13. His comments on the preliminary plat drawings include the following: Two access points would be preferred, if possible. 2. If only one access point is allowed, the Fire Chief would prefer the hammerhead as depicted, finding that the cul-de-sac is more difficult to maneuver for large fire emergency vehicles. 3. With either hammerhead or cul-de-sac, the Fire Chief would like drivable `emergency only' accessibility to be developed at that location, with some sort of a drivable base and breakaway or removable barriers which would be necessary to allow access if they are fighting a fire mid -block. 4. The Fire Chief has concerns about the private road and that his experience is that mediocre winter maintenance results in less than desired emergency accessibility. 5. The Fire Chief is willing to reduce the number of hydrants required if each dwelling unit has fire suppression sprinklers. 6. A looping water system would be desirable but appears difficult at this location 7. A 32 -foot wide paved road would be preferred over 28 feet. If the road is to be 28 feet wide, the Fire Chief would recommend that on -street parking be limited to one side. Gaffron stated given the initial comments from Hennepin County and the Fire Chief, and lacking County comment on the revised proposal, Staff has not prepared a resolution for concept plan and preliminary plat approval at this time. Staff does recommend adoption of the draft resolution granting preliminary approval for the Comprehensive Plan Amendment, directing that the amendment, Comprehensive Plan Amendment application and appropriate attachments be forwarded to the Metropolitan Council for their review as soon as possible. Walsh stated on the first page of the staff memo under Met Council density review, it states that the Metropolitan Council noted since the future multi -family site is not proposed to be developed at this time, it does not factor into the current equation. Walsh asked if the City's guiding of land is not factored in at all. Gaffron stated there is potential for a future multi -family development to be built in the landfill area, which will have to be mitigated. At this point the area being re -guided does not include that. If the developer were to say that they need two acres to build 20 units, that would be 10 -unit per acre density, which would be useful in the future as a potential for solving the density. Walsh asked if it is not included because it is not being developed. Page 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD — PRELIMINARY PLAT 2ND REVIEW — COMPREHENSIVE PLAN AMENDMENT: PRELIMINARY APPROVAL RESOLUTION — RESOLUTION NO. 6637 (continued) Gaffron stated the entire site was guided based on five acres at approximately 10 to 15 units per acre. The Metropolitan Council has on its book essentially a 50 -unit development on this site. Walsh asked if it is guided for 10 to 15 units, whether that would increase the 3.0 unit density number. McMillan noted it is not included now. Gaffron stated it is difficult for the Metropolitan Council to accept the City's guiding on a piece of land that is currently not developable and requires mitigation. Walsh asked if the City should give some guiding for that piece of land so future homeowners will know what will potentially be on that piece of property. McMillan stated there are a lot of unknowns at this time given the fact that it is a former landfill site. Gaffron stated it would be necessary to make sure that the people who live here understand the potential development in the future and that the road does not just end here for no reason. Gaffron stated that potential would need to be incorporated into the documents in some manner. Walsh commented that appears to be a good middle ground solution since in the future that could be a high-density property. McMillan noted the fire chief recommends a 32 -foot wide road, and if it is only 28 feet wide, he would suggest on -street parking be limited to one side. McMillan stated the City Council does not need to deal with that this evening since it would be part of the preliminary plat review. Gaffron stated widening the road would impact how close the homes are to the road. McMillan noted this development is five units per acre. Walsh asked if there is a sidewalk. Gaffron indicated at this point no sidewalk is proposed and that the road width is 28 feet from back of curb to back of curb. Gaffron stated adding two feet on either side of the road would result in two feet being taken off of each driveway. Because of how the driveways are situated, there is room for maybe one car between driveways. Gaffron stated the lots are narrow and individual driveways are pretty uniform in the gaps between them. McMillan asked if the City should consider a future second access in the event anything is developed on the landfill site. Gaffron stated if it is possible at all, it should be made accessible for emergency vehicles. McMillan staters in her view a second access should be planned for in the event the landfill site is ever developed. Page 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD — PRELIMINARY PLAT 2ND REVIEW — COMPREHENSIVE PLAN AMENDMENT: PRELIMINARY APPROVAL RESOLUTION — RESOLUTION NO. 6637 (continued) Gaffron commented it may be difficult to convince Hennepin County to allow a second access point but that they did understand there is the potential for future expansion in this area. Levang asked if the Fire Chief was more specific about the parking. Gaffron indicated he was not. Gaffron stated the cul-de-sacs have an 80 -foot paved diameter and that the Fire Chief likes the ability to have the hammerheads. Gaffron stated the problem with not having a second access is that if there is a fire in the middle of the development, people on the one side will not have the opportunity to get out of the site. Gaffron noted the City is planning on extending water service down Highway 12, but that there is not an easy way to loop the system and that they will end up with some dead-end situations with the water system. Gaffron stated it is not impossible to do it and that he is expecting there will be enough pressure in the water system to have sprinkler systems. Gaffron suggested the Council discuss with the developer whether they plan to have sprinkler systems in the individual homes. Walsh commented the developer probably will not do that given the cost. Walsh stated he was wondering how many fire hydrants would be needed if the homes were not sprinkled. Gaffron indicated it would probably be in the range of 5-6 and that even if the homes were sprinkled, it likely would only reduce it to four. Printup asked if there have been any comments from the public in the past about hammerheads versus cul-de-sacs. Gaffron stated there have not been. Gaffron noted the City has been advocating for cul-de-sacs for the last four decades and that they have not really had any pushback from anybody on having a cul-de-sac versus a hammerhead. Gaffron stated hammerheads are more efficient for fire vehicles. Printup stated he likes the idea of requesting a second access. Gaffron stated Staff and the applicant have not given up on that but that he is not sure whether they will be successful in making that request with Hennepin County. Curt Fretham, Lakewest Development, indicated he is here to answer any questions. Walsh asked if the additional survey work has been performed. Fretham indicated they have performed additional survey work and that the most recent comments they received from Hennepin County was that they wanted to send someone from their staff out there to do a review. Fretham stated the current access meets the County's minimum standards. McMillan asked if this plan has received the County's 100 percent blessing. Page 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD — PRELIMINARY PLAT 2ND REVIEW — COMPREHENSIVE PLAN AMENDMENT: PRELIMINARY APPROVAL RESOLUTION — RESOLUTION NO. 6637 (continued) Fretham indicated it has not. Levang asked how he feels about the sprinkling. Fretham stated he has not really thought about it and that it came as kind of a surprise tonight. Fretham commented he knows people have lots of great ideas, and that if everybody is doing it, that's great, but because they are doing detached single-family homes, putting in a $15,000 sprinkler system in each home would make it hard to compete. Fretham stated if they are the only one doing it, it becomes a handicap. Walsh asked what his thoughts are about the Fire Chief's comments. Fretham stated he is not bothered by the parking on only one side. Fretham indicated he is not sure whether they can make the extra four feet work but that they will look at that. McMillan asked if the south buildings could be shifted further south. Fretham indicated they might be able to move the homes further south but that they were attempting to avoid retaining walls near the wetland. Fretham stated by putting retaining walls there, they might be able to gain the extra two feet. Levang moved, Printup seconded, to adopt RESOLUTION NO., a Resolution Granting Preliminary Approval of Amendment No. 5 of the Orono 2008-2030 Community Management Plan for 3245 Wayzata Boulevard West, File No. 16-3822. VOTE: Ayes 5, Nays 0. 11. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET, VARIANCES — RESOLUTION NO. 6638 Gaffron noted at the June 13 meeting the Council voted 2-1 to approve the requested variances as requested. Staff has prepared a resolution approving variances to lot area, lot width, front setback, side setback, side street setback, and structural coverage for construction of a new residence on the property. Levang stated she would like to hear the motion. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6638, a Resolution Granting Variances to Municipal Zoning Code Sections 78420 and 78-1403 for Property Located at 1255 Dickenson Street, File No. 16-3830. McMillan stated since she was not at the meeting when this was approved, she likely will not be voting on the resolution. City Attorney Mattick noted the variances have already been approved by the nature of the 2-1 vote at the last meeting. State law says once a City Council has approved or denied something, written findings need to be prepared showing the logic behind granting the variances. Page 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 11. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET, VARIANCES— RESOLUTION NO. 6638 (continued) Mattick stated if the findings are not approved, the City runs the risk of something being automatically approved without any findings or conditions and that the findings help solidify the conditions that were imposed at least in the staff report. McMillan stated she wanted to make the clarification that it is counter to how she would have made the decision. Mattick noted the resolution is basically a reflection of what happened at the previous City Council meeting. VOTE: Ayes 4, Nays 1, Levang Opposed. 12. #16-3842 ESTATE DEVELOPMENT CORPORATION, 425-595 OLD CRYSTAL BAY ROAD NORTH — FINAL PLAT REVIEW — ORONO PRESERVE — ADOPT FINAL PLAN APPROVAL RESOLUTION AND RELATED DOCUMENTS — RESOLUTION NO. 6639 & 6636 AND ORDINANCE NOS. 174 Gaffron stated before the City Council tonight are a number of documents regarding the proposed development and the final plat for Orono Preserve. The applicant is proposing 39 lots at the northwest corner of Wayzata Boulevard and Old Crystal Bay Road. The Council should be aware of the following: The Watershed final approval is something the City does not have in hand at this point. Staff has been advised that they are pending and have been received by MCWD staff. Gaffron stated there potentially some minor tweaks that will need to be made to the documents. 2. The City Engineer has reviewed the plans with regard to the final plat, street signage, and pavement markings, grading and erosion control, sanitary sewer and water main installation, storm sewers and stormwater management, landscaping, and other general items. His comments will be incorporated into the Development Agreement. A slightly revised plan regarding the side setbacks has been submitted. Lot 1, Block 1, and Lot 16, Block 4, have an increased setback to the adjacent Dumas property. 4. No homeowners association being proposed but a stormwater facilities maintenance agreement will be required. Gaffron stated typically the City does not want to have the obligation for maintenance of stormwater ponds within a development and that the Applicant is working towards a covenant that puts the onus on the homeowners through a homeowners association strictly for management of the ponds. Access to the stormwater pond in Lots 1, 2, and 3 of Block 4 will be documents and two bio -retention basins abut the public road for easy maintenance access. Page 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 12. 916-3842 ESTATE DEVELOPMENT CORPORATION, 425-595 OLD CRYSTAL BAY ROAD NORTH — FINAL PLAT REVIEW — ORONO PRESERVE — ADOPT FINAL PLAN APPROVAL RESOLUTION AND RELATED DOCUMENTS — RESOLUTION NO. 6639 & 6636 AND ORDINANCE NOS. 174 (continued) 5. The proposed road names are as follows: Wood Duck Trail, Bluestem Way, Sandhill Drive, and Goldenrod Way. These have been checked by the Police Department and no conflicts with neighboring cities have been found. The applicants will submit draft covenants for the development addressing individual property rights, responsibilities and limitations, for City Attorney review. Topics anticipated to be include, among others, perimeter fencing, stormwater system, maintenance, accessory structures, parking, future extension of roads to be expected, etc. Certain of these items have also been addressed in the draft development contract. Gaffron displayed the City's wetland map. Gaffron noted there is a small wetland that will need to be filled as part of the development process and that the applicant is currently mitigating that with wetland credits, which appears to be acceptable to the Watershed District. Walsh stated it is a public road and Orono will be responsible for the plowing of the roads. Walsh asked who will be responsible for the sidewalks. Gaffron indicated the development agreement states that the individual homeowners are responsible for shoveling their individual properties. Tom Gonyea, Estate Development, stated the assumption is that everyone will handle their own snow. Walsh noted the developer would be responsible for the shoveling on those lots that are not sold. Gaffron stated also in the ordinance is language that states that any lots that are unsold need to be maintained. Levang moved, Cornick seconded, to adopt the following: RESOLUTION NO. 6639 , a Resolution Granting General Development Plan Approval for Planned Unit Development No. 11 for Estate Development Corporation and Approving the Plat of Orono Preserve, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. ORDINANCE NO. 174, Third Series, an Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Certain Properties from RR -111 Single -Family Rural Residential District to RPUD Residential Planned Unit Development District, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. Page 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27; 2016 7:00 o'clock p.m. 12. #16-3842 ESTATE DEVELOPMENT CORPORATION, 425-595 OLD CRYSTAL BAY ROAD NORTH — FINAL PLAT REVIEW — ORONO PRESERVE — ADOPT FINAL PLAN APPROVAL RESOLUTION AND RELATED DOCUMENTS — RESOLUTION NO. 6639 & 6636 AND ORDINANCE NO. 174 (continued) RESOLUTION NO. 6636, a Resolution Approving Amendment No. 4 of the 2008-2030 City of Orono Community Management Plan, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. ORDINANCE NO. 172, Third Series, an Ordinance Amending the Official City Wetland Map per Municipal Code Section 78-1609, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents and a Summary of ORDINANCE NO. 172, Third Series, Amending the Official City Wetland Map per Municipal Code Section 78-1609, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. To authorize the execution of Development Contract and Residential Planned Unit Development Agreement (PUD No. 11), Orono Preserve, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. VOTE: Ayes 5, Nays 0. 13. #16-3815 HALF STORY DEFINITION/MASSING REGULATIONS — ORDINANCE AND SUMMARY ORDINANCE — ORDINANCE NO. 173 City Planner Curtis stated at the June 13 meeting, the City Council reviewed two options presented for simplifying the City's current massing regulations. At that time the Council discussed and directed Staff to draft an ordinance reflecting Option 1, which removes the number of stories limitation, preserves the maximum height limitation as it is currently calculated at 30 feet, and preserves the 15 percent structural footprint maximum limit for lots under two acres. The ordinance also deletes the definitions of basement and basement walkout, half story and story. The recent ordinance regarding "Existing Grade" was adopted on June 13, 2016, and provides direction on the use of existing or engineered grade for measurement of building height. Staff recommends approval of the ordinance and summary ordinance as drafted. The summary ordinance is prepared to save on publishing costs. Tonight the City Council should consider adopting or amending the two ordinances presented. McMillan asked if technically a house could have four stories. Curtis stated that is correct but that there are certain building requirements for habitable space for each story. McMillan asked if Staff is comfortable with the City's 30 -foot building height limitation. Curtis indicated it was not discussed or brought up that anyone was uncomfortable with the 30 -foot limitation. Page 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, .lune 27, 2016 7:00 o'clock p.m. 13. #16-3815 HALF STORY DEFINITIONIMASSING REGULATIONS — ORDINANCE AND SUMMARY ORDINANCE — ORDINANCE NO. 173 (continued) McMillan stated she is thinking more about how it is measured. Walsh noted that is not changing and that simply the half -story definition is being eliminated. McMillan commented she knows there has been some discussion regarding the height issue in the past and that she did not know if Staff and the Council are comfortable with the 30 -foot limitation. Curtis stated the requirement for height of the stories will keep the height down and that the basement will still need to be in the ground a certain distance. Curtis indicated Staff will still measure the total height of the building the same way. McMillan noted the restriction on the number of stories acted as a cap and that they now could potentially have taller houses. Curtis stated they are still measuring from existing grade. Gaffron stated keeping some of the limits on roof height in place will keep the height of the homes down and that the new ordinance will make it easier for builders, homeowners and Staff to understand. Kelly Olson, 3470 North Shore Drive, stated her concern is with the structural maximum. Olson stated on her lot, there is an easement over the lot for the driveway that is not covered in the total square footage of the lot. Olson stated that leaves them with the 15 percent limit but that their lot is under 10,000 square feet. Olson stated if someone has a standard three -car garage, which is 700 square feet, which only leaves 800 square feet for the main level. Olson commented she is not sure whether there is any wiggle room there when the garage is taken into consideration and the hardcover requirements are met. Walsh stated that is more of a larger conversation and that the City Council will be talking about the 15 percent and whether it is needed. Walsh stated in his view the property owner should meet the hardcover requirements and the structural coverage limit should go away. Walsh stated that is a discussion the City Council will be having and that he perceives a small lot as a hardship. McMillan stated they will not be able to give her an answer on that tonight. Levang moved, Printup seconded, to adopt ORDINANCE NO.173 , Third Series, and Summary of No. 173, an Ordinance Amending the Orono Municipal Code by Amending Sections 78-1; 78-230; 78-255; 78-305; 78-330; 78-350; 78-370; 78-395; 78-420; 78-572; 78-646; 78-672; 78-707; 78-736; 78- 766; 78-797; 78-825, Regarding Limitations on Number of Stories and Definitions of Basement, Walkout Basement, Half Story, and Story. VOTE: Ayes 5, Nays 0. Page 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. MAYORICOUNCIL REPORT Mayor McMillan stated she would like to comment on some of the civil discourse that has been going on among the City Council Members. McMillan stated it seems that the Council has been struggling for the past 18 months on some issues and that she has been hoping as the mayor that the Council could self - correct or have some self-awareness of what is going on but that has not been happening. McMillan stated since that has not occurred, she will be taking a more active role to make sure the discourse among the Council Members is civil and that personal attacks are stopped. McMillan stated she will be trying to anticipate this happening and that she will apologize ahead of time if she cuts anybody off. McMillan stated she will only cut somebody off if she thinks the speech is turning uncivil. McMillan stated some of the helpful guidelines that she will be looking for is limited cross talk between Council Members and being well-intentioned and respectful when you address a fellow Council Member. McMillan stated some examples are, Mayor McMillan, could you explain what you mean by this or that or, Mayor McMillan, what did prior Councils do and what is the history of that issue. McMillan requested that everyone say what they want to say in a nice tone and respectfully rather than attempting to find something to trip someone up on. McMillan stated another guideline is to do not judge or criticize fellow Council Members and speak only about your own personal decisions. McMillan requested the Council not reference other Council Members' opinions. An example of what not to say would be, I do not agree with Mayor McMillan's flawed decision making. McMillan stated while her decision may be different from someone else's that does not necessarily mean it is flawed. McMillan requested the Council also not infer or inject what other Council Members might be thinking in their decision. McMillan stated an example of that would be saying that Mayor McMillan does not want this or she might be fearful_ McMillan stated the citizens of Orono can decide for themselves on how the Council voted and that she wants every Council Member to be able to say that they believe in this or that or apply the Code in a certain way. McMillan requested the Council also refrain from making inappropriate or sideway comments to disrespect fellow Council Members. McMillan noted all Council Members are volunteering their time as well as spending'time away from their families and that the last thing they need is for someone to make a sideways jab. McMillan stated that is not appropriate and Orono citizens do not want their Council Members behaving like that. McMillan stated all of these things apply to interactions with Staff and public. McMillan stated she will be trying to error on the side of anticipating, and that if she cuts someone off, it is because she does not want to go down the path that the Council has been going down recently. McMillan encouraged the Council to set their personal ambitions aside to serve the citizens of Orono. McMillan stated if a Council Members needs to temporarily leave the dais in the middle of a meeting, she would ask that the person publicly say that they would like to be excused. McMillan requested any Council Member that would like a break or leave the meeting to formally state that instead of getting up. and walking out. McMillan stated if the meetings go long or past 9:00, she will try to schedule a recess and that she would like everyone to get back to their seats right away. Page 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan further requested the Council to try not to engage the public when they leave the dais during the middle of a meeting in order to be 100 percent transparent. McMillan stated the Council should be doing all of their talking with the public during the meeting. McMillan stated when the meeting starts at 7:00, everyone should be up at the dais unless there is a personal reason for leaving. McMillan stated hopefully the Council can get back on track. McMillan commented that the flag banners in Navarre look great and that the sheriff's dock has been installed on County Road 15. McMillan noted she had a couple of citizens on the northern shore of Long Lake call her at the end of May, the first part of June, and that they scheduled a meeting with the Watershed District that they wanted her to attend regarding the poor water quality of Long Lake. The Watershed District indicated it could be the early ice -out or the storms in 2014 that pushed a lot of nutrients into the lake and surrounding water bodies. McMillan stated the citizens are concerned about the water quality and that they are looking at perhaps starting a lake association. McMillan reported MnDOT has installed the LED lights along Highway 12, along with work occurring out in Independence. MnDOT will start work on the left turn lanes for the County Road 92 intersection later this summer and that MnDOT was able to secure the funding for the median barrier near the Long Lake bypass. McMillan stated MnDOT is very attentive to the traffic safety issues on Highway 12 and that they are reaching out and trying to improve the situation despite the funding bill not being passed. McMillan noted a couple of months ago she was asked about Orono being selected as one of the cities in the MPLS-St. Paul Magazine Newcomers Guide. That article came out approximately two weeks ago and that it has a little write-up on some of Orono's highlights. McMillan commented it was a nice two- page article. Printup stated he had nothing to report. Levang noted she was the City Council liaison at the last Planning Commission meeting. Levang reported the City newsletter will be out early in July and that they are already planning for the fall newsletter, which will come out the end of September. Levang stated she has been receiving a lot of positive comments about Livingston Park and that everyone should be proud of what they were able to accomplish. Levang commented Livingston Park is a wonderful asset. Cornick stated he would pledge to abide by the Mayor's guidelines and that he hopes other Council Members will as well. Walsh stated he also attended the last Planning Commission meeting and that they did a good job as usual at their last meeting. Walsh stated the Planning Department discussed Lurton Park at their meeting and that there likely will be some changes that will be really good as a result of that discussion. Walsh stated he hopes Staff will have that application before the City Council soon. Page 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, dune 27, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT 14. HENNEPIN COUNTY ASSESSING AGREEMENT Loftus stated the City's agreement with Hennepin County to perform assessing services is set to expire soon. In April of this year, the Council had a presentation from the Hennepin County Assessor's Office as well as had an opportunity to discuss this at their May work session. Loftus stated the item in front of the Council this evening for consideration is a 4 -year contract at a cost of $172,000 for 2017. Staff recommends approval of the agreement. Walsh stated the reason he took it off the Consent Agenda is that he does not see a reason to do more than a 1 -year agreement with Hennepin County since a longer agreement would preclude the City from having the opportunity to look at other vendors as they become available. Walsh stated this might be a really good opportunity to look at other options and perhaps save some money. Walsh stated by entering into a 4 -year contract, the City precludes other options being pursued, and that there is no financial incentive for the City to do more than one year at a time. McMillan noted a representative from the Hennepin County Assessor's Office is not here to address this tonight and that they do make investments in hiring assessing staff. Loftus stated it is promising to have new businesses enter this field but that of the ones that exist right now, she is not sure that a 1 -year track record would make her more comfortable to go with them. Loftus indicated she would prefer over a two year track record. Loftus stated since the Council last met, she was informed by the new company that they have secured a contract with the City of Greenwood, which would provide Lake Minnetonka experience, and that perhaps Orono could look at contacting them a couple of years down the road. Levang stated she would like to go along with Staff's recommendation and that it is a good agreement and a good department to be working with. Levang stated there are advantages to working with Hennepin County and that the Council needs to be extremely careful about the people who enter Orono residents' homes. Levang stated in a few years the City could take the time to look at something else or they can put this out as an RFP. Levang stated since there is a cost associated with the RFP process, she would rather not do that every year or two years and that perhaps it could be a 4 -year rotation. Levang moved, Cornick seconded, to approve the Hennepin County Assessing Agreement. McMillan stated when she became Mayor, she looked at a number of their assessments and they were close to the market. McMillan stated the Hennepin County Assessor's Office provides a good service and that they do have to hire people based on their agreements and that she would hate to check up on them every year or leave them in limbo. McMillan stated in her view four years is okay for the term of the agreement. Printup asked if in the past it has been on a 4 -year rotation Loftus indicated it has been. Page 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. 14. HENNEPIN COUNTY ASSESSING AGREEMENT (continued) Cornick stated he is good with the agreement but that he does not want Staff to forget the commitment they made to store their records elsewhere. Loftus stated they are making progress in moving the files. VOTE: Ayes 4, Nays 1, Walsh opposed. *15. GOLF COURSE DONATIONS — RESOLUTION NO. 6640 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6640, a Resolution to Accept Golf Course Donations. VOTE: Ayes 5, Nays 0. *16. LICENSES & PERMITS Commercial Kennel Licenses 1. The Woofington 3596 Shoreline Drive Printup moved, Walsh seconded, to approve the above -listed license. VOTE: Ayes 5, Nays 0. *17. CLAIMS/BILLS Printup moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT, CONTINUED City Administrator Loftus noted absentee ballots are available through August 8 for the primary, which will be held on August 9. Loftus stated council seats will be on the general election ballot on November 8 and interested residents can file for candidacy from August 2 to August 16. Loftus reported the City received the LMCD's final budget last week and that Orono's contribution will increase 4.7 percent or $2,372. Loftus stated she and Adam Edwards have been asked by the City of Spring Park to provide short-term emergency call coverage while they are recruiting for their Public Works position. Loftus noted the City has also had a long-standing agreement with Minnetonka Beach. Loftus stated short-term was defined as 90 days and that Staff will be helping them with any emergencies that might occur. Loftus stated there is also a possibility that Spring Park might ask Orono to provide a cost on providing routine maintenance for them. Loftus stated she is not sure if the City is interested in that at this point but that it is something to consider. Spring Park is meeting with some private contractors as well. Page 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2016 7:00 o'clock p.m. CITY ATTORNEY'S REPORT City Attorney Mattick reported there has recently been a ruling by the MN Supreme Court that has led to the variance standard changing. Previous to this decision there has not been a case that covered practical difficulties. Mattick stated Orono still does a lot of variances as compared to other cities and asked whether the Council feels it would make sense to talk about practical difficulties and what constitutes a practical difficulty at a future work session. McMillan stated it might be hard to get a joint work session together. Mattick stated a minimum of a half hour to an hour would be required. McMillan suggested perhaps doing it before a Council meeting. McMillan requested each Council Member let the City Administrator know what they feel about the training. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 4:06 p.m. VOTE: Ayes 5, Nays 0. ATT T: v 0 A(, /t himKe Tiegs, City Clerk Lili To cMillan, Mayor Page 21