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HomeMy WebLinkAbout02-28-2011 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 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 Cynthia Bremer, Doug Franchot, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, City Clerk Lin Vee, Assistant City Administrator of Long Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 7, 8, and 9 were added to the Consent Agenda. Item No. 3 was removed from the Consent Agenda. Franchot moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. • APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF FEBRUARY 14, 2011 • Franchot moved, Bremer seconded, to approve the minutes of the Orono City Council work session of February 14, 2011, as submitted. VOTE: Ayes 4, Nays 0. 3. REGULAR COUNCIL MEETING OF FEBRUARY 14, 2011 Franchot requested that Page 16 be amended to read that he stated that the City had been told that Three Rivers had experimented with the installation of a bomb proof toilet and that it was not the City of Orono's toilet on Big Island that was blown up. McMillan requested Page 11 be corrected to read that the Big Island subcommittee met on Friday, February 25th. McMillan requested the motion for Item No. 18 be amended to read as follows: "Franchot moved, Bremer seconded, to authorize the removal of the remaining buildings and debris as noted by staff, and to obtain two additional quotes on the costs for the removal, with the cost of the project not to exceed the estimate received from THN Enterprises ($28,500) plus tax. Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of February 14, 2011, as amended. VOTE: Ayes 4, Nays 0. Page 1 of 13 MINUTES OF THE ORONO. CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. PLANNING COMMISSION COMMENTS - LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS James Van Eyll, Orono Fire Department, noted that their annual pancake breakfast is scheduled for April 17th. Van Eyll reported the Long Lake Fire Department recently participated in the Fight for Air Climb sponsored by the American Lung Association, which consisted of firefighters in full fire fighting gear climbing 30 flights or 660 stairs. Long Lake's team of nine firefighters participated in the event and took third overall. Van Eyll indicated he was impressed with their accomplishment and that they raised over $2400 as a team. • Dick Lyman, 715 North Ferndale Road, stated he wondered what involvement the Water and Soil Conservation District has with the City of Orono. Lyman noted he spoke with City Clerk Lin Vee the first week of February and was provided a fair amount of information on that agency as well as the Hennepin County Conservation District. Lyman indicated he has read the information over and that in his opinion eliminating the Hennepin Conservation District would be a good opportunity to cut some redundancy and expense out of the government. • Lyman noted the Hennepin Conservation District has annual revenues of around $27,000. The reports do not reflect any achievements accomplished by that agency. The information also does not say how many meetings they have yearly but just merely indicates that they affiliate with approximately a dozen other organizations that do the same thing. The Department of Natural Resources downgraded the Hennepin Conservation District in 2009, and he would recommend ending the existence of the Hennepin Conservation District and there would be one less office to vote for in future elections. Lyman indicated he had some materials with his notes to leave with the Council regarding the Hennepin Conservation District. PLANNING DEPARTMENT REPORT None CITY ENGINEER'S REPORT 4. OLD CRYSTAL BAY ROAD RECONSTRUCTION UPDATE Kellogg reported that last week they completed the plans to the point where they were able to be submitted to the Minnehaha Creek Watershed District. At the last Council meeting it was mentioned that a presentation was going to be given to the seventh graders educating them on roundabouts and general engineering. They had hoped with the presentation to get a handful of students to volunteer to construct a • 3D model of the buildings along Old Crystal Bay Road. The response was greater than expected and as a Page 2 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 • 7:00 o'clock p.m. (4. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) result the students will be completing the work in the classroom rather than after school. Their office was also contacted by the teacher's assistant to give a similar presentation at the high school level. Kellogg indicated he met with some representatives from the School District along with City Administrator Jessica Loftus approximately one week ago and had a discussion with them regarding the school's ability to water the landscaping and median areas. The school district does not possess a water truck. The city owns a waterering truck and the Public Works Department estimated the costs to the City would be $15,000 to $20,000 to maintain the vegetation throughout the two -to -three year establishment period. Kellogg noted that in addition, the city truck dumps large quantities of water and the equipment they use is not capable of gently watering the vegetation. It was the recommendation of the Public Works Department that an irrigation system be installed as part of the project. The estimated cost for the irrigation system was $30,000 to $32,000. John Slack, Landscape Architect, met with an irrigation contractor to arrive at that cost and has included some water conservation components in the specifications. Kellogg indicated he had met with John Slack today, who pointed out that the irrigation system will likely be turned off after two to three years except in the case of a drought. Kellogg indicated his office will need to know by the next meeting whether the Council would like to • proceed with the irrigation system. Kellogg pointed out the City currently has an irrigation system along Kelley Parkway to The Lofts. One of the alternate bids as part of this project would be the extension of the sidewalk from the Lofts to Old Crystal Bay Road on the north side, along with some street lighting and trees. It is likely they will be extending that irrigation system. McMillan asked whether there is an irrigation system beyond the parking lot of the City Hall. Kellogg indicated to his knowledge it does extend beyond the parking lot to maintain the green space between the parking lot and Kelley Parkway. Bremer asked how the irrigation system would be extended. Kellogg stated it currently ends in the vicinity of The Lofts where the sidewalk ends, and if the sidewalk were extended from that point, it was the recommendation of the Public Works Department that the irrigation system also be extended since watering trees and landscaping is a high maintenance item for the Public Works Department. Kellogg noted they have been able to identify the easements and rights -of -way needed for the project. One of the things that is somewhat problematic is where the private utilities will be located since they need to be located in an easement. The City Council reviewed an overhead graphic depicting the current easements. The items denoted in blue are additional right -of -way and public utility easements needed for the project. Those easements are required for the rain gardens, storm ponds, and the additional right -of -way needed for the roundabouts. • The yellow indicates easements necessary for private utilities, such as gas, electric, telephone and cable. The result of the School District meeting was that the school was willing to help with the easements. Page 3 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (4. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Kellogg stated adjacent to the school's existing pond there needs to be some additional water infiltration, which the School District is willing to grant an easement for. Kellogg indicated they intend to meet with School District representatives on a biweekly basis to keep them updated on the project. Bremer asked whether the School District would be granting the easement free of charge. Kellogg stated they would be providing it at no cost to the City. Loftus stated the School District has requested the City work with them on the rain gardens. Kellogg stated the school's detail and the city's detail for the rain garden work are very similar and they are essentially on the same page in regards to that work. McMillan asked whether the rain gardens would add to the cost of the project. Kellogg stated in his estimation the costs will be lower than anticipated due to the changed routing of the water to the regional pond. The pond to the south was designed to take some of the drainage off the roadway but it lacked the conveyance to get the water to the pond so the routing was changed, which has reduced the costs. • McMillan asked whether the City Council needs to look at the costs for the parking lot and sidewalk. • Kellogg indicated that aspect of the work will be bid as an alternate and the Council can determine at that point whether they would like to proceed with that aspect of the project. Kellogg stated he anticipates the bids will be lower than in the past given the state of the economy. Franchot asked whether the City Engineer would like to get some direction on the irrigation tonight. Kellogg stated they would like to put together a landscape plan for review at the next City Council meeting and that a final decision will need to be made at that point on the irrigation system. Franchot noted he would not be in attendance at the next meeting and stated that if the costs are what have been stated tonight, he would prefer to go forward with the irrigation system since it would protect the City's investment in the landscaping and would also afford the City the ability to water the landscaping in the event of a drought. McMillan asked whether there would be any other aspect to the maintenance agreement with the contractor other than the watering and getting the landscaping established. Kellogg indicated there generally is a two -year warranty period on trees given by the contractor and a 30 -day warranty on the sod. After the 30 days the City would assume responsibility of the sod, which would be the sod located outside the curb and would be included in the existing irrigation system. McMillan asked whether the irrigation system would replace the maintenance agreement with the • contractor. Page 4 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (4. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Kellogg indicated that it would and that the City would not need to do both. Kellogg noted the warranty on the trees would still be in effect. Printup asked whether the Council should discuss the maintenance agreement with the School District. Mattick stated that the irrigation system would be one of the main items included in the maintenance agreement if the City Council elects to go that route. Printup indicated he would like to see a monetary cap on the maintenance of the landscaping. Mattick stated the question is whether the maintenance agreement would include all items or exactly how maintenance of the landscaping would be handled. Mattick indicated Staff was not sure how to handle the irrigation portion. Kellogg pointed out the School District does not have the equipment or the ability to water the landscaping and that they would need to involve the Public Works Department for watering the landscaping or the contractor doing the watering through an agreement. Franchot noted when they spoke with the School District a couple of weeks ago, they had indicated they would take over maintenance of the irrigation system. • McMillan asked what type of controls would be included on the irrigation system. Kellogg indicated they would consist of rain sensors and soil sensors to trigger the system on and off. It would not be an elaborate system but would be greener than most systems. Kellogg indicated the median landscaping plan will be ready to bring to the March 140' Council meeting. 5. CHANGE ORDER #1 AND REQUEST FOR PAYMENT NO. 2, LIFT STATION 12 IMPROVEMENTS Printup noted the work on the lift station is to correct something the contractor had done incorrectly. Printup asked why the City is being held responsible for work that was apparently done wrong by the contractor. Kellogg indicated this was a project that was done in, conj unction with TH 12 and the City did not -have oversight of that project. The only plans the City had for reference were record plans, which typically only show pipe locations and pipe elevations. The plans said the structure was to be abandoned to 4 feet below grade and to fill the rest with sand or granular material. The contractor did not fill it with granular materials. It is very likely the process of abandoning the manhole was not inspected or documented. Printup asked if it had to do with compaction over time that would make it unsafe. Kellogg stated the work is not unsafe but that they reused an existing structure. When the structure was abandoned, the top 4 feet was to be removed and the rest was to be filled with granular material as opposed to removing the entire structure which was approximately 20 feet deep. Kellogg indicated the Page 5 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (5. CHANGE ORDER #I AND REQUEST FOR PAYMENT NO. 2, LIFT STATION 12 IMPROVEMENTS, Continued) current contractor wouldn't know it wasn't filled with granular material until it was dug up as part of the abandonment process. The method in which the structure is abandoned isn't typically noted on the record plans. Kellogg indicated Scott Oberaigner with the Public Works Department and Jared Ward from Bonestroo worked with the contractor on payment for this item. Scott and Jared negotiated a cost for the work that was less than what the contractor originally requested. Bremer moved, Franchot seconded, to approve Change Order No. I in the amount of $2,460 and Request for Payment No. 2 in the amount of $48,115.08 for the Lift Station 12 Improvement Project. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Printup noted he attended the League of Minnesota Cities conference last weekend. Printup indicated he had the opportunity to listen to people from larger communities as it relates to business matters and economic matters and that it was a good learning experience. • McMillan stated she also attended that same conference and participated in the experienced officials • sessions. The League of Minnesota Cities offered a significant amount of training for city leaders and she found it very worthwhile. McMillan noted she also attended a meeting last week with the mayors of Long Lake and Wayzata to discuss future sharing of public works services. A dialogue on this subject was started and the three cities will continue to talk about future cost sharing between the cities. McMillan stated they are looking at additional ways the cities can be more efficient. McMillan noted the joint Planning Commission/City Council work session is scheduled this Wednesday, March 2nd, to discuss hardcover issues. McMillan indicated she will also be attending the Lake Minnetonka Mayors meeting this coming Friday, which will be a good opportunity to learn about the issues currently facing the County. Hennepin County has added media recycling to their program and they are now accepting computer disks, DVDs, game cartridges, memory cards, flash drives, jewel cases, .vinyl records, etc. Hennepin County has already collected 700 pounds of this material and the items can be dropped off at their various drop -off facilities. McMillan stated she asked what is done with the material they collect and it was indicated that it is shredded with other plastic items that are recycled and sold on the plastics market. McMillan noted there is a City Council work session scheduled for March 140' at 6 p.m. and that they will be talking about goal setting for 2011. Loftus noted that Staff is creating a list of goals that they feel should be addressed this year and will be looking for Council input. 0 Page 6 of 13 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (MAFORICOUNCIL REPORT, Continued) Franchot commented that it seems backwards to approve the budget first and then talk about various goals, and suggested the Council consider changing that process. Franchot asked whether the goals are included in the budget. Bremer stated historically they were more strategic planning goals. Franchot recommended that when Mayor McMillan meets with the other local mayors that she ask if they also feel that they do not have much of a voice with Hennepin County as well as the Metropolitan Council. Franchot commented that if the smaller city mayors unite on certain topics, they would have a larger voice at the county level. CITY ADMINISTRATOR'S REPORT 6. APPOINTMENT TO FILL VACANT COUNCIL POSITION - RESOLUTION NO. 6025 Loftus reported there were eight applications for the vacancy on the City Council. The City Council has conducted interviews of each candidate. Loftus noted the City received a withdrawal letter from Jeanne Mabusth this past Friday. • Franchot stated in his view this has been a good process and he has been impressed with the number and quality of the candidates. The thing that he was most mindful of was that this was an appointment as opposed to an election and that the Council had the responsibility to do proper vetting of each candidate. Franchot indicated he was also mindful that this Council has lost a number of years of experience in the last election and that in his view experience and skill sets were important in picking a candidate. Some of the candidates met that standard. The City Council has an applicant who has experience on the council and planning commission level that brings a number of skills relating to issues that the City will be dealing with, such as building and construction standards. Franchot indicated he would like to recommend David Rahn to the position. Franchot noted that by his comments and his recommendation, he does not mean in any way to diminish the candidacy of the other people who applied. Printup stated he also gave consideration to the vetting process and to the fact that the voters would not be making the decision. Printup indicated he started thinking back to the election last fall and the message that he received from the citizens was that they wanted new energy and candidates who would exercise fiscal responsibility as well as a desire to preserve the mission of Orono. Printup commented in his view a good team player would be Dennis Walsh. Bremer commented she also was impressed by all the candidates and the commitment they have shown to the City. After looking at the list of qualifications and experience to be a city council member, Bremer indicated she feels the most important thing to look for is someone who has shown commitment to the City. Bremer noted she and Mayor McMillan were re- elected to the City Council even though they are • not a new voice and that people respect experience. Page 7 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (6. APPOINTMENT TO FILL VACANT COUNCIL POSITION, Continued) . Bremer stated there are a few candidates on the list who have demonstrated they are willing to spend the time and have spent the time in service to the City and know the nuances of city government. Bremer indicated she would put Denise Leskinen, Kim Kang, and Richard Crosby into that category but that she feels David Rahn is the most qualified candidate given his past experience on the Planning Commission and City Council. In addition, Dave Rahn has a good grasp of construction and will not be someone who will just say yes to please people but is able to think outside the box. Bremer noted Rahn currently serves in a building official capacity and has experience with other local cities, which is very valuable. Bremer stated for those reasons she would recommend Dave Rahn. McMillan echoed the comments expressed by the other Council members on the high quality of candidates that have applied. McMillan indicated the Council has an opportunity to appoint someone who will bring a special skill set that is needed in the near term to assist the City Council with issues facing the City at the present time. McMillan indicated Dave Rahn would bring skills in three major areas. First, Dave's knowledge of planning and zoning issues, including his Planning Commission and City Council experience, will assist the Council with hardcover issues and variance restrictions that the City will be dealing with in the upcoming years. Secondly, his background in building inspection will be valuable as the city plans for future infrastructure improvements. Thirdly, McMillan indicated that Rahn had also made the comment that no savings is too small, which in her opinion shows that he understands and has the ability to look at innovative ways to save money. • McMillan thanked the City Council for their hard work during the appointment process and the thorough • interviews that were conducted. Bremer moved, Franchot seconded, to appoint David Rahn to the vacancy on the City Council and to adopt RESOLUTION NO. 6025, a Resolution of Appointment to Fill a Vacancy on the Orono City Council. VOTE: Ayes 3, Nays 0, Printup Abstained. *7. LONG LAKE OFFICER DUTY TRUCK Franchot moved, Bremer seconded, to approve payment to the City of Long Lake for the purchase of a 2011 Ford Explorer in the amount of $29,257 and to amend the Improvement and Equipment Outlay Fund to reflect the expenditure. VOTE: Ayes 4, Nays 0 *8. AUTHORIZATION TO PURCHASE 2011 SQUAD CAR Franchot moved, Bremer seconded, to approve the purchase of a 2011 Crown Victoria from Elk River Ford for $22,367.64 plus tax, registration and other miscellaneous fees. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT *9. TOBACCO VIOLATIONS Franchot moved, Bremer seconded, to approve the Stipulation of Facts and Civil Penalty executed . by O'Sullivan's Holiday 546 and Big Island General Store. VOTE: Ayes 4, Nays 0. Page 8 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 • 7:00 o'clock p.m. 10. MAINTENANCE AGREEMENT Mattick indicated he has drafted a preliminary agreement which, to his knowledge, includes the majority of the items the City Council had requested the agreement cover. Mattick stated to his understanding the City will install the vegetation and pay for the landscaping but that the School District will maintain the landscaping. Mattick indicated there are some outstanding issues, such as the question of who will pay for the vegetation in the event it dies. Mattick commented he prefers a simple, straight forward agreement when it is between two government agencies. The agreement does contain a mediation provision that will allow the City to address certain situations, such as if the School District states they no longer have the money to maintain the median, and recourse the City then has to address that as well as other unforeseen circumstances. Franchot asked whether the School District would agree with the word install in the fourth whereas. Franchot noted the School District had made it very clear that they did not want to install the landscaping. Mattick indicated he has not spoken with the School District about the agreement, but that his intent with that language was that the School District was in agreement with the fact that landscaping will be installed within the median of the road, not that the School District would be installing it. Franchot commented in his view it is a good agreement and captures the wishes of the City Council. • McMillan stated to her recollection the School District was also going to maintain the roundabouts and recommended language to that effect be included in the agreement. Mattick indicated language to that effect would be easy to incorporate into the agreement. Mattick noted the roundabouts are located in the median but that it could be spelled out more clearly. Bremer stated she would like to see a similar list outlining the responsibilities of the City, such as installing and maintaining the hardscape and replacement of trees. Franchot noted the School District was fine with pruning the trees but that they did not want to assume responsibility for replacing the trees. Bremer asked how much control the City would like to maintain over the appearance of the softscape portions of the roadway. McMillan stated she would like the School District to take over replacement of the landscaping except for tree replacement. McMillan indicated she has a concern with snow plowing and snow storage and the impact that could have on the landscaping. McMillan stated if the School District has ultimate responsibility for replacing the landscaping, that would lessen the economic burden on the City. Franchot asked whether that type of language would change it from a maintenance agreement into a transfer of ownership and that he did not envision the school taking ownership over the landscaped median. Page 9 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (10. MAINTENANCE AGREEMENT, Continued) Mattick noted there is language in the agreement that states the City owns the median and all landscaping features. Mattick commented that there likely is a natural lifespan for some of these items and that at some point in the future they will need to be replaced. Printup noted the School District has not made a final decision on the type of landscaping to be planted and that it would be nice to know what the School District is contemplating. Printup asked if the west side sidewalk interferes with any trees being planted on that side of the roadway and whether the School District would be replacing those trees if they are injured during the construction of the sidewalk. Mattick stated for purposes of this agreement, he viewed it as covering the items between curb to curb and that it does not cover the trees outside the curb. Bremer recommended that the agreement define it as being curb to curb. Kellogg indicated on the south end of the roadway the exact configuration of the sidewalk has not yet been determined but that there is going to be two or three rain gardens on the west side that will be between the back of the curb and the sidewalk. The sidewalk will be pushed further away from the back of the curb. As it relates to the existing trees, the intent is to locate the sidewalk where it will not impact the existing trees. The impact to the trees will be primarily from the roadwork and the utility work. Ll Printup asked as it relates to the irrigation paragraph, whether language should be included that the • School District will be repairing the irrigation system and defining precisely what the operation of the irrigation system is. Mattick indicated he can clarify that and that he was unsure at the time he drafted the agreement whether there would be irrigation. Bremer stated she would like to see some kind of annual check by the City on the landscaping. Bremer commented the communication between the two entities has been fantastic and should be continued into the future. Mattick stated the City could require an annual meeting between the School District and perhaps Public Works or simply have a representative from the City meet on an annual basis with a representative from the School District. Printup asked as it relates to Item 1, Part B, whether that language should be deleted since it is not sure at this time what type of landscaping will be planted. Mattick pointed out there will be specifications for the landscaping in the near future. . McMillan asked if there is a way to specify what landscaping plan should be followed. Franchot stated it would be whatever plan is approved by the City Council. McMillan commented the wording "initial plan" is confusing. • Page 10 of 13 • MINUTES OF THE ORONO CITY COUNCIL. MEETING Monday, February 28, 2011 7:00 o'clock p.m. (10. MAINTENANCE AGREEMENT, Continued) Kellogg indicated his intent is to have the landscape architects come before the City Council with a draft landscape plan at their next meeting, and based on the comments of the City Council, it will be revised and then evolve into a final plan that will be approved by the City Council. Mattick stated he can change that language to final plans and specifications dated such and such a date or other similar language. Printup asked whether a cap on the landscaping should be specified. Mattick noted the City Council will be approving the landscaping bid, which would detail the costs. Bremer asked when the City Attorney is anticipating the agreement would be signed. Mattick stated it was his understanding that the City Council would like some assurance that the School " District is comfortable with the draft agreement and that he can do that before the next City Council meeting once he incorporates the changes recommended tonight. Franchot commented he would like some assurance that the School district is comfortable with the agreement prior to the Council officially voting on it. • Mattick asked what position the Council has on tree and landscaping replacement. Printup noted the establishment period is approximately two years for the landscaping and that the agreement should include the period after that. Franchot stated in his view the agreement will be delayed if the City requires the School District to replace the trees. Mattick indicated that tree replacement can be included and the School District can either agree or disagree with it. Kellogg pointed out the majority of landscaping, including trees, will come with a two -year warranty. Kellogg noted the sod would have a 30 -day warranty. Bremer stated she would like some provision included in the agreement concerning a maintenance agreement with the contractor if the City Council elects to go that route, which would affect the timing for replacing any of the landscaping. Bremer indicated she personally is in favor of irrigation. McMillan noted the School District would conduct the mowing of the median and roundabouts once the grass is established. Printup asked whether there is a cap on the amount to be spent on the irrigation system. Mattick noted the irrigation component will be an alternate and the City Council can either elect to go . with an irrigation system or not. Page 11 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (10. MAINTENANCE AGREEMENT, Continued) Kellogg indicated the City could look at bidding a maintenance agreement as an alternate and an irrigation system as an alternate and the City could pick which one they would like to go with. Bremer stated the City does not want two parties maintaining the median and the roundabouts since that could result in each party blaming the other for any damage that may occur. Bremer stated an "if' clause could be included in the agreement to cover a maintenance agreement similar to the irrigation clause. Mattick indicated he could include language that the School District is responsible for replacing the landscaping except for those items covered under the contractor's warranty agreement. McMillan stated it is important that the City specify the ownership and ongoing maintenance of the roadway, median, trees, landscaping, and roundabouts. Bremer commented the City has to make sure the word ownership is not used in the agreement so it is not misconstrued. Bremer stated in her opinion the yearly meeting is paramount to ensuring that the agreement is followed and that the lines of communication remain open. The City is ultimately the owner of the roadway and median. Printup asked whether the City would then have to replace the landscaping. Bremer stated the City could require replacement of like, kind and quality by the School District. • Franchot commented the City could retain authority over what is planted as replacement. Printup stated he does not want the City to be held responsible for replacement ten years from now. Bremer commented that amendment provisions are paramount because there will always be unknowns no matter how well drafted the agreement is. Bremer suggested the City Engineer give some thought to what else should be included in the agreement as it relates to landscaping. Mattick asked if there was anything else that Council Member Bremer would like to have included in 3A. Bremer recommended that anything the City is responsible for should be spelled out, and that language should be incorporated into the agreement stating that anything else not defined in 3A would be the responsibility of the school. Printup noted as it relates to Item No. 3, it states the City shall be responsible for all railing and hardscape. Printup commented he does not want to have something installed that will rust and have to be replaced every 10 years. Mattick noted the hardscape and railing will be the City's responsibility with the exception of the irrigation system. Bremer stated the Council will need to know exactly what is included in A and that quality products should be used, but until the bids are received, the City will not know what that will be. • McMillan commented the landscaping will also hopefully cut down on the need for railing. Page 12 of 13 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2011 7:00 o'clock p.m. (10. MAINTENANCE AGREEMENT, Continued) Bremer stated the main focus of the landscaping is that it prevents pedestrian crossings at unsafe locations and that she does not want to see the median become more and more bare over time, which the annual meetings would address. Franchot encouraged the City Council not to nitpick too much over one or two trees. Franchot commented Council Member Printup has twice raised the cost of some of these investments and noted those costs would be outlined in the bids. Printup stated he would like to see the bids sooner than later so they are fully aware of the costs. McMillan stated the Council needs to be mindful that whatever is accepted, one of the two parties will need to maintain it. Mattick indicated he can incorporate the changes in the next couple of days and then provide it to the School District with the proviso that the City Council has the final approval. Mattick stated he would have the agreement ready by the next City Council meeting. Loren Schoenzeit, 4484 Forest Lake Landing, stated his initial understanding was that this agreement would cover mowing, trimming, and planting of annuals. Given the charter of the City and the School, if • he were a School Board member he would not sign an agreement that says the school is responsible for replacing trees because their charter is the education of students and they have limited funds. The City Council took no formal action on this item. *11. LICENSES & PERMITS None *12. BILLS Franchot moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Franchot moved, Printup seconded, to adjourn the Orono City Council meeting at 8:35 p.m. VOTE: Ayes 4, Nays 0. ATTEST: A,,;e^� J. Linda S. Vee, City Clerk Lih Tod McMillan, Mayor Page 13 of 13