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HomeMy WebLinkAbout03-14-2011 Council MinutesU MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 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, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, Finance Director Ron Olson, 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. OATH OF OFFICE The oath of office for incoming Council Member David Rahn was administered by City Administrator Jessica Loftus. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 5, 11, 12, 13, and 15 were added to the Consent Agenda. • Bremer moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF FEBRUARY 28, 2011 Bremer moved, Rahn seconded, to approve the minutes of the regular City Council meeting of February 28, 2011, as submitted. VOTE: Ayes 4, Nays 0. *3. JOINT PLANNING COMMISSION AND CITY COUNCIL WORK SESSION OF MARCH 2, 2011 Bremer moved, Rahn seconded, to approve the minutes of the Joint Planning Commission and City Council work session of March 2, 2011, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 4. ORONO ENERGY AND ENVIRONMENT DISPLAY - AMELIA KROEGER Amelia Kroeger, Orono, addressed the City Council regarding her request to place an energy and • environmental display for placement in the Council Chambers entry. Kroeger indicated she had spoken to the City Council at a work session about forming an environmental task force, which was not approved. It was suggested that she create a display on energy and the environment. Page 1 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (4. ORONO ENERGYAND ENUIRONMENT DISPLAY, Continued) Kroeger showed the draft display she has created and indicated she would like to add some additional pictures if the Council approves the display. The presentation would use the Orono organics recycling logo. The display, would also contain a section on how to conserve water and reduce runoff entitled Soak up the Rain, which would also be available as a handout that could be picked up by the residents. McMillan commented this information would be helpful for the hardcover task force. Kroeger noted Staff's recommendation makes it sound like she is an organization, which is not the case, and that she would like it labeled as an Orono display rather than her personal display. Kroeger requested the display be allowed in October and November of each year since there are a number of events concerning the environment that occur in the fall. McMillan commented she would like the Soak Up the Rain display to be ready in the near future if possible. McMillan indicated she would like that information available at the open house for the hardcover revisions. Kroeger indicated the section on Soak Up the Rain is completed. • Rahn stated he would like to see that handout available at the front counter of the city hall since that would have greater traffic. Rahn commented he likes the display and that the handout could be made • available year -round at the front desk of city hall. Rahn asked whether Kroeger would be receptive to that. Kroeger indicated she would like to do the display and have handouts available at the front counter. Bremer stated unless it is something prepared by the City, she would be hesitant to have it available at the front counter unless it was specifically approved by Staff and/or the City Council. Bremer indicated her concern relates to the fact that people may think it is an official publication of the City and that not all of these things are addressed in City Code at the present time. Curtis indicated she is in agreement with Council Member Bremer and that she would like to avoid the situation where the residents have questions about the handouts for Staff. Curtis commented she likes the promotion of these concepts. Bremer stated from a legal perspective, it may be necessary to have some type of disclaimer on the handout that this does not reflect Orono's City Code. Mattick stated there are some logical questions that would be raised from the brochure, such as why should someone do this and what credit would they receive if they incorporated the suggestions. Gaffron stated it is possible that six to eight months from now the hardcover task force may have resolved some of the questions that relate to these concepts, and that by October or November, it is possible it will fit into what has been established. Bremer indicated she is fine with approving a temporary 60 -day display as long as it is clear the City of • Orono is not sponsoring the display. Page 2 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 • 7:00 o'clock p.m. (4. ORONO ENERGYAND ENVIRONMENT DISPLAY, Continued) Kroeger indicated she would leave off the City logo and the words Orono, Minnesota, to make it more generic. Bremer stated the basic concepts contained in the display are things that the Council agrees with but that she would recommend any official City logo not be included to avoid any confusion that it is an official city publication. Bremer reiterated that she would be fine with a 60 -day display. McMillan noted Kroeger has served as Orono's recycling coordinator for a number of years. Bremer moved, Rahn seconded, to approve the energy and environmental display presented by Amelia Kroeger and to allow a 60 -day temporary display during the months of October and November, with the condition that the official logo and website of the City be removed from the display. Thiesse commented that she may want to have the display during the spring to coordinate with the hardcover task force. Kroeger indicated she does not know if it will be ready by the spring. • VOTE: Ayes 4, Nays 0. LMCD REPORT - ANDREW McDERMOTT, REPRESENTATIVE McDermott reported the annual audit of the LMCD has been completed and that the auditors have recommended there be better oversight on certain issues. McDermott indicated the LMCD is limited in its ability to oversee everything given the fact that there are only three employees but that the Board currently reviews all the checks and debits and credits. McDermott noted the lake levels could be very high this year depending on how fast the snow melts. They have already attempted to open Gray's Bay dam to help divert the water. The LMCD has also changed how special events are handled. In the past both the LMCD and the Sheriff's Water Patrol would review the special permits. The LMCD will now defer that review to the Sheriff's Water Patrol and they will bring any concerns they have with the event back to the LMCD, which should help to streamline the process. The LMA is currently reviewing the proposals received for the chemical treatment. The LMCD has also approved the Woodland Cove development for the boat storage. The development will have 117 boat storage units along 8,816 feet of shoreline. The major discussion centered around how those boat storage units will be tied to individual properties, and it was determined that each boat dock would be tied to one property. The developer had requested 20 free floating docks, with the possibility of operating a boat club. The developer still needs to go before the City of Minnetrista for approval. • McDermott noted the LMCD will commence discussions on the 2012 budget in the very near future. Page 3 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. • (LMCD REPORT, Continued) . McMillan asked whether any additional bays are being considered for chemical treatment. McDermott indicated the DNR has given approval to do treatment on a couple of additional bays but that the LMCD will not be financially contributing to that chemical treatment and will only be contributing to the three bays that were treated last year. Rahn asked if the elevation of the Old Grays Bay dam is 931.5 or 930.5. McDermott indicated he is unsure of the exact elevation but that the excess water would go over into the spillway. Gaffron stated his understanding is they are talking about 930.2 as being the potential elevation this spring. The highest level ever experienced is 930.5. Gaffron noted some water was let out late last fall in anticipation of possible flooding this spring and that he is not sure what the elevation of the spillway is at this point but that it likely is not 930.5. McDermott commented they attempt to avoid heavy flooding and that it is difficult to anticipate in the fall whether flooding will occur in the spring. PLANNING COMMISSION COMMENTS - DENISE LESKINEN, REPRESENTATIVE • Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Michael LaQuay, P.O. Box 94, Crystal Bay, indicated he has a question on what the City's policy is on the proposal by Three Rivers for parking in the Crystal Bay area. LaQuay proposed that the City consider adopting a policy to allow no additional parking in that area. In addition, LaQuay indicated he was wondering if the City has considered a previous proposal he presented of allowing parking on Railroad Avenue to be extended south on both the east and west sides. It is currently designated as resident only parking. Part of that proposal was to have a speed limit sign posted at 15 miles per hour along Railroad Avenue. LaQuay indicated lie had also previously asked why Railroad Avenue is considered a city road when it does not meet city standards, which was not fully explained. LaQuay indicated Railroad Avenue is substandard and should not be considered a city road. McMillan commented that 60 feet is a standard right -of -way but that the paved part of the road is not always built to that width. LaQuay indicated the right -of -way is 40 feet. Gaffron indicated he has been meeting with representatives of Three Rivers Park District over the winter • and that they are ready to come back before the City Council to discuss this issue. Three Rivers and Page 4 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) OHennepin County would prefer to do something different than the informal parking at the corner of County Road 15 and Brown Road. Printup asked whether the municipal parking lot is being considered. Gaffron indicated it is and that each site being looked at has some disadvantages as well as advantages. Printup noted Gaffron had indicated during the work session that it would also be a good time to tie in the sidewalk extension from Dakota Trail down Shadywood Road. Gaffron indicated the sidewalk extension has also been part of the discussion. McMillan requested that trail parking be placed on an upcoming City Council agenda and requested that any information that is available from Three Rivers be provided to the Council prior to the meeting. Gaffron indicated it would likely be set for the first meeting in April. PLANNING DEPARTMENT REPORT *5. #07 -3336 MITCH COOK ON BEHALF OF CENTRAL BANK, STONEBAY, OUTLOT A, EXTEND FINAL PLAT APPROVAL - RESOLUTION NO. 6026 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6026, a Resolution Amending Resolution Nos. 5704, 5747, 5828, and 5893, and Extending the Time Allowed for Filing the Plat of Stonebay Commercial. VOTE: Ayes 4, Nays 0. 6. FORMAL ACCEPTANCE OF STONEBAY PUBLIC IMPROVEMENTS - RESOLUTION NO. 6027 Gaffron noted the overall Stonebay development was approved subject to the terms of the Planned Unit Development No. 4 agreement executed in July of 2003. The agreement states that "final acceptance of the improvements to be publicly owned, including Kelley Parkway and its associated appurtenances, sanitary sewer and water systems and stormwater systems, and other off -site road improvements, shall take the form of a Resolution passed by the Orono City Council, on the advice of the City Engineer." Maintenance responsibilities for the various elements of Stonebay are distributed among the City, the residential homeowners, and the commercial property owners, established within a number of development- related documents executed in 2003. In brief, the City will own and maintain the water main lines and sewer main lines throughout the development; Kelley Parkway formally becomes a public road maintained by the City; and the city will maintain the storm sewer system in Kelley Parkway, but maintenance of the Kelley parkway Boulevard, including sidewalks and landscaping, will be the responsibility of the residential or commercial property owners within Stonebay. Maintenance of the • regional storm water pond is ultimately the City's responsibility based on our agreement with MnDOT but that has also been delegated to the Stonebay commercial property owners as part of the development approvals. Page 5 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. • (6. FORMAL ACCEPTANCE OF STONEBA YPUBLIC IMPROVEMENTS, Continued) McMillan asked whether the homeowners association will be responsible for the irrigation system in that area as well as replacement of any trees that have died. Gaffron indicated they are. The City has finished a portion of the improvements against the letter of credit. The majority of the money left on the letter of credit is intended for landscaping of the lots that have not yet been developed. Rahn moved, Bremer seconded, to adopt RESOLUTION NO. 60.27, a Resolution Accepting Kelley Parkway as a Public Road and Accepting Specified Improvements in Stonebay as Public Facilities - Zoning File #2789/2840. VOTE: Ayes 4, Nays 0. 7. PLANNING COMMISSION CHAIR AND VICE CHAIR APPOINTMENTS Curtis noted that Kim Kang has served as the Planning Commission chair since September of 2009. Kang was appointed to the Commission in 2006 and her current term expires on March 315. Ms. Kang has requested that she not be reappointed to the Commission. Staff intends to solicit commissioner candidates immediately on the City's website and in the newspaper. Council was asked to discuss appointment of a new Planning Commission chair and potentially a new vice chair position. Rahn asked whether the chair could be appointed yearly. Curtis indicated it could. Rahn commented it would be nice if the chair and vice chair could have some flexibility on who would like to chair the meeting rather than having one specific person all the time. McMillan asked if it is the intent that the person be vice chair for three years and three years for the chair. Curtis indicated there is no specific term for either the chair or vice chair position and that the three years is the term on the Planning Commission as a commissioner. Bremer concurred the Council should look at an alternating appointment and that she personally likes the idea of not having a specified term for either of those positions. Bremer suggested that perhaps the position could be rotated annually. Bremer asked whether Loren Schoenzeit is interested in taking the chair position. Curtis indicated Staff has not spoken with Loren Schoenzeit yet. Bremer stated her belief has been that the City should also have brand new people appointed as alternates rather than as full -time commissioners since that would allow them to work their way up the ranks and give them an opportunity to become acclimated to the role of the Planning Commission. Bremer noted the City currently has alternates who are retired Planning Commissioners. • Rahn concurred with Council Member Bremer and suggested that the City also look for alternates. Page 6 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 • 7:00 o'clock p.m. (7. PLANNING COMMISSION CHAIR AND VICE CHAIR APPOINTMENTS, Continued) Curtis indicated that is the plan of Staff. McMillan commented an experienced alternate is also a good asset to the City and that it may be difficult for a brand -new alternate to get to know the City's ordinances and policies by only filling in periodically. Bremer stated it could be difficult for someone new to fill in periodically but pointed out the reality of the situation is that the Planning Commission tends to have openings fairly regularly. Bremer stated she would personally recommend that Denise Leskinen be considered for one of those two positions since she has a fair amount of experience in the planning and zoning area. Bremer stated it was her understanding that in the past the Planning Commission made a recommendation to the City Council on who the chair should be. Gaffron stated to his understanding Staff has spoken with the commissioners beforehand and had a pretty good idea of who was interested in the positions. Bremer commented that brand -new alternates would probably not be comfortable in the role of chair or vice chair, and asked whether Staff would recommend anyone in particular. Curtis indicated Staff has not developed a list at this point. • McMillan noted that Loren Schoenzeit has great attendance and that in her opinion Loren would be a good candidate for chair. Rahn indicated it is difficult to make a decision without talking to the person but that he would recommend Loren Schoenzeit for chair and Denise Leskinen for vice chair. Gaffron noted Loren Schoenzeit is probably the most senior member of the Planning Commission, followed by Jon Schwingler. Printup moved, McMillan seconded, to appoint Loren Schoenzeit as chair and Jon Schwingler as vice chair with no rotation between the two positions. McMillan asked what Printup was envisioning with the no rotation. Printup indicated he would like to leave it status quo and not have the chair and vice chair rotate. McMillan stated one alternative would be to table this item until Staff has a chance to speak with the commissioners. Bremer commented she would like to hear from each of the Planning Commissioners to find out whether they are interested. Bremer indicated she does not feel strongly about the rotation but that in her view it would give the vice chair the opportunity to gain some experience in that position. Printup indicated he would withdraw his motion to allow Staff time to speak with the commissioners. • Bremer moved, Rahn seconded, to table Item No. 7 and to direct Staff to speak with each Planning Commissioner to see whether they would be interested in either position. VOTE: Ayes 4, Nays 0. Page 7 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. • 8. LAND USE APPLICATION/DEVELOPMENT AND WETLAND SIGNAGE Curtis stated with the adoption of the City's wetlands protection ordinance in 2005, the City began requesting buffer edges to be identified on surveys and physically identified on each property with a marker or sign. In order to have consistency in the signs within the City, Staff is suggesting having signs made to have on hand for purchase by developers and property owners. The signs will be brown in color, may display the City logo, and would indicate the wetland buffer boundary as well as direct interested parties to the Planning Department or the City's website for more information regarding wetlands and wetland buffers. Curtis displayed samples of the proposed signs. The City follows the requirements outlined within MN Statute 462.357, Subdivision 3, and City Code Section 78 -98 regarding notification of land use applications - variances, CUPS, rezoning, etc. In addition, the City also provides applicants with an 18" x 24" sign to display at the subject property to allow for identification of the property in question. The small signs are made of a thick plastic and the applicants are asked to display the sign at the property. Applicants can dispose of the signs following Council action as they see fit as the signs are not re -used. For smaller projects, such as a single - family home, the smaller signs are adequate. Occasionally a larger project such as a subdivision or commercial development may necessitate a larger sign for property identification. The City does not currently have any large signage on hand. Staff would • like to have approximately five 2'x 4' signs made. Public Works staff would attach the signs to metal sign posts to use for larger development projects. Public Works staff would store the signs while not in use as well as deliver the signs to the sites when necessary. These signs would be re -used. Staff is suggesting a brown background with clear, bold lettering. The signs would contain no graphics, have a General statement regarding a land use application or development and direct interested parties to contact the Planning Department. The development signs would be re -used and the wetland buffer signs would be a pass - through cost as they will be purchased by developers and property owners. Replacement of the wetland signs would be necessary after approximately 10 years as the signs will fade. Staff recommends the large development signs and wetland buffer signs as designed. Bremer commented she likes the brown color. McMillan stated her only concern is whether the sign is too big. Curtis stated it may appear big, but when it is located out in a field, it does not appear that large. Curtis indicated the brown color would help the sign blend in and that the size could be reduced somewhat. Staff would like to have the sign big enough to contain some basic information. Bremer stated she would be fine with reducing the size. McMillan asked whether it would be expensive to have the City's logo placed on the signs. • Curtis indicated it would be included in the cost. - Page 8 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (8. LAND USE APPLICATION/DEVELOPMENT AND WETLAND SIGNAGE, Continued) Rahn commented that maybe 3.5 inches wide would be wide enough, which would fit vertically on a 4 x 4. Rahn suggested the City's general phone number be placed on the signs rather than the Planning Department's number. Bremer indicated she was in agreement with Rahn's comments. Curtis stated the rationale for the Planning Department's number being included on the signs is that the people could direct dial the Planning Department. Gaffron stated a 4 x 4 wooded post will deteriorate over time and that it should be erected on a metal post. Curtis noted the sign would be metal. Curtis asked if Council was in agreement with the other signage. It was the consensus of the City Council that the signage for the larger projects is acceptable and that the color of the wetland buffer sign should be brown. Curtis noted the distance between each sign for the wetland buffer is outlined in the ordinance and that the developer will need to locate the sign with a GPS if it is a large development or a subdivision. • 9. MASSAGE THERAPY LICENSE REQUIREMENTS Curtis stated in June, 2010, the City adopted a massage therapy licensing ordinance as well as amended the permitted uses within the B -1, B -3, and B -5 districts to allow massage therapy centers. At that time, Staff recommended background checks on all massage therapists as part of the massage therapy center's license. City Council approved an ordinance for the licensing of businesses but not background certification of individual therapists In response to the recent issues at a massage therapy center elsewhere in the metro area, Police Chief Farniok commented on Orono's massage therapy center licensing requirements. Chief Farniok's memo is attached to the staff report. Currently only the licensee undergoes a criminal background check. Staff suggests amending the licensing requirements to include a criminal background check on each individual therapist as part of the overall licensing. Staff recommends the City modify the licensing requirements in Chapter 31 to require each individual massage therapist to submit to a criminal background check as part of the massage therapy license. This criminal background check would be covered by the original license fee and the background check conducted on the licensee. Bremer asked how the background checks would work with new employees. Curtis stated every year the employer is required to submit a renewal application. If the center did not notify the City that they hired a new employee during the year, it would be noted at that time. An annual fee of $100 is required and there would not be an additional fee to run background checks on the employees. • Bremer commented she speaks fairly regularly at continuing legal education seminars regarding background checks, and that there are a number of organizations that are required to do checks and a lot Page 9 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (9. MA SSA GE THERA P Y LICENSE RE Q UIREMENTS, Continued) of organizations that cannot do background checks. The City Attorney has indicated the City does have the ability under their licensing regulations to conduct background checks. Mattick stated background checks are common for massage centers, but that Staff could conduct a survey of the surrounding communities to see whether they perform background checks if the Council wishes. Mattick noted not every community requires a background check for employees of massage centers and that they could draft up some preliminary language. Bremer stated she does not see anything wrong with background checks since it increases public safety but that she does want to avoid a situation where the City is over - regulating. Bremer commented that it might be best to do a survey of the surrounding communities to see what their practice is. Part of the licensing process is that the customer receives some assurance the person meets certain standards. McMillan concurred the licensing process gives some assurance to the customer and that her initial concern with the ordinance was licensing individual massage therapists and how that might be too onerous. McMillan indicated in her view massage centers should be licensed. Mattick noted similar to tobacco or liquor licenses, the City has the ability to conduct compliance checks regardless if a background check is required. • Bremer commented that it may not be necessary to ask the surrounding communities as long as the City • Attorney knows there are some other cities that require background checks. Mattick indicated he is not sure of specific cities. Mattick pointed out that a background check does not guarantee that something will not happen but that it is one additional step that can be taken. The City is only conducting a background check on the employer currently, which may be enough, and that it comes down to whether the City feels it needs the additional background checks on the employees. Police Chief Farniok stated it was a concern that was raised recently that if the City is going to license massage centers, whether the City has an obligation to conduct background checks of people who will be actually performing the massages. Farniok indicated the background checks of employees would be one additional measure of safety. Curtis asked if this is a business that can do background checks of their employees. Bremer indicated she does not have that information available at the meeting, but that typically employers who deal with mental health issues, schools, or counselors are required to run background checks of their employees. School bus companies are not required to run background checks. Depending on the type of business, some companies can go back ten years, some can go back seven years, and some can consider DWIs. Bremer indicated the private sector undergoes a different type of analysis depending on the type of employment. Bremer stated in this instance the City is attempting to prevent someone convicted of a sexual assault or sexual crime from being a massage therapist. The question becomes whether or not the private employer will conduct a criminal background check. While many employers are aware of the opportunity to do • that, they may not always take advantage of it since there is an additional charge that they would incur. Page 10 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 • 7:00 o'clock p.m. (9. MASSAGE THERAPYLICENSEREQUIREMENTS, Continued) Bremer stated with the City's licensing process, it will not cost the applicant any additional money to have background checks run on their employees. Printup noted the background checks would ultimately be protecting the owner and that it does not appear to be over - regulating the business. Printup indicated he is in agreement with the police department's recommendation. Rahn asked whether there is going to be a list developed that would prohibit a particular person from working in a massage facility. Mattick indicated he will create a list but that typically the language states there should be no crimes of moral turpitude. The main ones that are spelled out are prostitution and sex crimes. The City Council took no formal action on this item. CITY ENGINEER'S REPORT 10. OLD CRYSTAL BAY ROAD RECONSTRUCTION UPDATE • Kellogg reported that Staff met with representatives from the School District last Thursday to discuss the Old Crystal Bay Road project. Issues discussed included signing, preliminary median landscaping and lighting. The goal of the landscaping is to plant low maintenance type vegetation that is drought tolerant and salt resistant. The replacement trees would be limited to boulevard trees that would be taken down as part of the road construction. John Slack, Landscape Architect, noted they have made some minor adjustments to the landscaping plan and that the focus of the meeting with the School District dealt with safety and landscaping features. They also focused on the modified railing element, including the design and location of the railing. Essentially the School District confirmed their assumptions on where the railing should be located to address issues with pedestrian crossings. As it relates to tree removal, it is possible up to 35 trees in total would be removed as part of the road construction and a one -to -one replacement would be completed. The second item discussed was the location of the sanitary sewer line, which is located almost directly below the median, with some access points coming up into the median. There needs to be access to the sanitary sewer line, which would be accomplished with manhole covers. The current plans do not accurately reflect the final landscaping plan since the buffer has shrunk down to five or ten feet on each side. Kellogg noted they are speaking about access to the manholes, but that after speaking with the Public Works Department, they were able to reduce those areas. Slack stated following the last Council meeting, some revisions were made to the landscaping plan. A number of the perennials were replaced with shrubs, which will help to reduce the maintenance and • increase the safety by providing for a larger barrier. The School District has indicated they did not care for the appearance of the low mow turf and that they would like to go with a hardier turf mix. As part of the maintenance, the School District indicated it is likely they would be mowing each week or two. Page 11 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Kellogg noted the color rendering of the plant types depicts a low mow fescue that was being proposed. One of the School District's concerns with the low mow fescue was that it would become a trash collector and that they would prefer a different seed mix. The School District's intent is to mow the median every week or two weeks. Slack illustrated the proposed road layout and landscaping plan. The plan had originally depicted three different options for landscaping in the roundabout areas. They are now recommending trees in the middle of the roundabout with shrubs around the base. McMillan asked if there would be grass on the roundabout. Slack indicated there would be grass on the roundabouts and that the School District would also be maintaining those areas. Kellogg pointed out the area of the grass on the roundabout. Slack displayed various plants that would be best suited for this type of environment. McMillan asked how high the railing would be and what materials it would consist of. Slack stated they are estimating the railing at between 32 to 36 inches tall, which will require some effort • to get over. The median would be wide enough to stop someone from falling out into the lane of traffic if the person should trip over the railing. The post could either be wood and painted or metal. Currently the proposal is for metal posts and wire cord. McMillan asked what would stop people from going around the railing. Slack indicated they are proposing to create a 3:1 slope from the back of the curb and provide a flat top area on top for plantings. Slack noted that would not stop people completely from going around the railing or over the landscaping, but it would be a deterrent. Based on the design and the cost of the landscaping, they are looking at massing the shrubs, which will provide an almost immediate barrier. Slack noted since it is landscaping, it will not prevent someone from crossing at that location if they so choose. The intent of the design is to change people's perception of where they can cross. Slack noted the costs for the landscaping have remained basically the same following the revisions. If the railing were removed, they would plant additional trees and shrubs, which would result in an $8,000 savings overall. Kellogg pointed out the Council's packet include two cost estimates. Based on their conversation with the School District, two additional trees were added to the cost estimate. Slack noted there is a 10 percent contingency also included in the estimates and that the estimates are a little high based on what he is currently seeing in the market. The railing will probably help deter people more so than the shrubs. The purpose of the railing and landscaping is to focus pedestrians to the • designated crosswalks. Page 12 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Kellogg stated the City Council will need to make a decision on the irrigation system for the median landscaping and the railing. The estimated cost for the irrigation system is approximately $32,000. The estimated cost to have the contractor provide ongoing maintenance during the two to three year establishment period is $15,000 to $20,000. It is the recommendation of the Public Works Department to install the irrigation system to minimize Public Works' oversight and possible lapses in maintenance. McMillan asked whether the School District is in agreement with maintaining what is being proposed. Kellogg indicated in his view the School District was very receptive to the plan. Bremer asked what the purpose of the meeting is on March 28". Loftus noted the City has not met with the School Board since last October and that the final plans will be reviewed at the joint meeting. Staff has not received comments on the maintenance agreement yet, which may also be discussed. Mattick stated the School Board has been presented with the maintenance agreement and that they have indicated they would like to take a closer look at it and will be providing their comments. • Bremer asked what the City Council needs to do tonight. Kellogg stated they would like direction on the landscaping and irrigation system as well as the railing. The plans need to be submitted to state aid within the next two weeks if they are to stay on schedule. Printup asked what the cost is for lighting and whether that was an oversight Kellogg noted the cost for the lighting is estimated at $253,000 and that the cost identified in the feasibility study was $320,000, which is considerably under what was initially estimated. McMillan asked how high the contingency can go in the event they want to add additional landscaping after the project is completed. Kellogg stated the project is awarded based on the low. bid and that the plant materials would be identified individually. The City is not obligated to plant that many if they find there are cost overruns. McMillan commented she would like a contingency included in the event they want to add another tree or additional plants. Kellogg pointed out the landscaping will be one of the last things to be completed, and if the costs for the project are higher than anticipated, the City does have the ability to reduce the amount of landscaping at that time. Bremer asked what meeting is being held this week. • Loftus stated the chairman of the School Board and grounds supervisor has asked for an opportunity to meet about the maintenance agreement. Page 13 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Printup asked whether it was decided that the controls would be located on school property or off of Kelley Parkway. Don DeBaere, Orono Public Works, stated there would be a hook in the water main and a controller on the side of the road by city hall. The School District would maintain the irrigation system. McMillan asked what meter would be used for the water for the irrigation system. DeBaere indicated it would come from the City's water line. McMillan noted the City would then be paying for the water, which is different than what was discussed. Kellogg stated the School District has agreed to the maintenance of the irrigation system. Printup commented the irrigation system would likely be shut off after two years once the plants are established. • Kellogg indicated the City would have control over when the irrigation system is shut off. They have estimated $15,000 to $20,000 if a maintenance agreement is entered into with a contractor and would also require monitoring by the Public Works Department to ensure that the agreement is being complied with. • The cost of the irrigation system is approximately $32,000. Rahn asked whether it is a conflict for the City to have control of the irrigation system but yet require the School District to maintain the system. DeBaere stated the City would provide the water but that the School District would do the maintaining of the system as well as scheduling when the irrigation system would run. McMillan asked if the Public Works Department has any sense of how much water will be required. Slack indicated he does not have that information available tonight, but pointed out the area to be irrigated is rather small and the irrigation system would be focused on the median with very little overspray. Slack commented irrigation systems are also nice to help eliminate the salt from the soil. Printup commented it would be nice to have some idea of what the water would cost since it might be less costly to simply replace any shrubs that die. DeBaere commented water would be necessary to help establish the plants for a certain period of time. The School District does a very good job at conserving water and overseeing their current irrigation system. Printup pointed out the City does not water its own parks but yet is considering watering the median, which in his view is a beautification project and should be avoided by the City. Kellogg stated even absent the median, some landscaping will need to be done on the roundabouts in • order to achieve the desired goals. Page 14 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Bremer commented in her view the plan presented tonight is a good plan and that she would prefer to go ahead with the irrigation system. Bremer stated she likes the ability of the City to reduce the amount of landscaping if the project costs more than what was anticipated. Bremer noted the landscaping costs are approximately $109,000 and that the City has the option to not spend all of that if there are cost overruns on the project. DeBaere stated they could also just install the piping for the irrigation system across the road in the event they do not want to install it at this time. Kellogg pointed out the most critical time for the irrigation system is right away when the plantings are done and that the plantings would need to be torn up if the irrigation system is installed at a later time. McMillan commented the irrigation system will also be used in the event of a drought. McMillan pointed out that this is not a typical road in Orono given the fact that there will be an irrigation system installed and landscaping that will need to be maintained. McMillan indicated she has some frustrations with that aspect of the project as well as having the City supply the water. McMillan noted this is an extensive project that will need substantial maintenance over the years and that it is not characteristic of Orono. Bremer pointed out the costs were more expensive to install a paver median than to have landscaping in • the median. McMillan noted it would be more expensive initially but not long -term. Bremer stated the irrigation system is estimated at $32,000 and that the City is entering into a maintenance agreement with the School District. Kellogg stated they are looking to incorporate the landscaping plan into the overall plans and that the plans are basically done. Kellogg, pointed out the pavers also do not accomplish the safety goals that have been raised. Rahn commented he has not had an opportunity to review the feasibility study yet, but that it appears they are looking at costs for the lighting of $253,000, $109,000 for the landscaping, and $32,000 for the irrigation. Rahn stated he would like to see everything grouped and broken out as it relates to the costs. Rahn asked whether there are any other items that could come up down the road and if the signage is the last cost area that would be differentiated. Rahn asked how the costs being presented tonight compare with the estimates provided in the feasibility study. Kellogg indicated when the City Council acted on the feasibility last fall, it was done in a menu type format and that the different aspects of the project were delineated. Kellogg stated the plans are now being finalized and that he does not anticipate any other items to arise. Kellogg commented the signage being proposed for the project is fairly minor. Rahn asked if there will be a speed reduction sign as you enter the roundabouts. • Kellogg indicated there would be a yield sign. Page 15 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Rahn asked if the roundabout is 30 miles an hour. Kellogg indicated it is not. Rahn stated to his knowledge roundabouts tend to have a lower speed limit sign and that there should be some signage included near the roundabouts. Kellogg noted the speed limit shown on the plan is 25 mph and that the signage plan was based on the Minnesota Municipal Uniform Traffic Code, which includes both mandatory signs and optional signs. Rahn stated the 30 mph sign is located at the beginning of the north route and the beginning of the south route in addition to the 20 mph sign and the 25 mph sign. Rahn asked if the speed limit would be 30 mph during the school day or during nonschool hours. Kellogg noted that Police Chief Famiok has left the meeting and that he would like the Police Chief to address the speed limits. McMillan asked what the yellow signs are. 17_.j Kellogg stated the yellow signs are optional based on the traffic code and the question for the Council is • whether those should be included in the plan. McMillan commented there appears to be a lot of visual clutter. Kellogg noted some of the signs will be located off the roadway. Rahn and Bremer stated pedestrian crossing signs should be included. McMillan noted the videotape needs to be changed. (A recess was taken from 9:07 p.m. to 9:13 p.m.) Rahn noted the lighting is federally mandated to some extent and asked if the blue and the red dots are optional. Kellogg indicated the IES sets standards for roadways and that currently there are no lighting standards that have been established for roundabouts. They are attempting to provide a lighting plan that meets the minimum IES lighting standards for traditional four- legged intersections, which is what is represented on the plan. Option B shows the minimum amount of lights needed to obtain the required lighting for an intersection. Option B does not have light in between the roundabouts. Option A, which contains 34 lights, adds lights at the entrances to the roundabouts but they would be located slightly away from the roundabout. Bonestroo's lighting expert feels that Option B would be better than Option A since no lighting is better than lighting that does not meet the standards. • Rahn asked if the lights would be on timers or whether they would be on 24/7. Page 16 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 • 7:00 o'clock p.m. (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Kellogg stated the estimated costs assume similar lighting and bulbs to Kelley Parkway but with taller standards since they are attempting to meet the lighting standards with fewer lights. They are proposing 28 -foot standards. The exact size and type are yet to be determined but would likely be high pressure sodium lights, which are the bulbs that are currently along Kelley Parkway. Those bulbs produce a yellow light. They have looked into an LED fixture, which could potentially add another light to each roundabout in order to meet the minimum lighting standards. An LED light could be put on dimmers but they would not be on timers. In the event there is an event at the School District or an emergency, it is critical to keep the roundabouts lit at night. Kellogg noted the lighting along Kelley Parkway does not meet the minimum IES standards. The payback on LED bulbs would be anywhere from six to ten years. The life of the sodium bulbs is about 10,000 to 20,000 hours and the life of an LED light is 70,000 hours. Rahn asked who would maintain the lights Kellogg indicated the City would maintain the lights. Bremer noted the City would be paid to maintain them. • McMillan asked what the annual cost would be if the City went with 34 lights. Kellogg commented he does not have that information available tonight, but that the anticipated energy savings with the LED lights would be in the neighborhood of 3 to 1 or 2 to 1. Kellogg requested the Council determine whether they would like additional lighting from what is being proposed. Kellogg stated the roadway will probably require at least 28 lights with 28 -foot tall standards if they want to adequately light the roundabouts and that he will look into high pressure sodium bulbs versus LED bulbs and bring that information to the next meeting. Kellogg indicated the LED lights would be a blue -white light versus the yellow on Kelley Parkway. Printup asked if the lights being proposed are mandatory or not. Kellogg stated the City may assume some responsibility at that intersection if the roundabouts are not lit properly. Kellogg indicated he has been informed that if there is inadequate light, you will go from light to dark spots and the drivers will become distracted. Printup pointed out that residents do not live on this road and that the problem he has with this project is that it is a beautification project. Printup noted the landscaping will be blooming while school is not in session and that they have included a third roundabout to the tune of $150,000. They are now talking about lights that are not necessarily mandated. Printup commented that maybe the City should just plant grass since the City has to pay for the lighting and the water and that the School District can plant the trees with the use of volunteers or perhaps nurseries can donate them. Bremer noted the feasibility study was approved by the Council last fall and that this project has been discussed at great length. Bremer commented the Council has always known that the road would be lit but was not aware of how many poles and how tall the poles would be, which is what City Engineer Kellogg is discussing tonight. Page 17 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. • J (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Bremer commented that the Casco Point project was completed successfully without nearly as much discussion about these types of items and that the point of her comment is that the City Council has to relinquish some control of the process to the professionals and trust that Bonestroo will give the City the best product they can.- Bremer pointed out if the City had a public works director, he would be overseeing this process. Bremer stated in her opinion the City Council has provided as much input as they can given their limited engineering backgrounds. McMillan pointed out that the Old Crystal Bay Road project is a more complicated design than Casco Point Road, with a number of roundabouts and landscaping. This project also involves new techniques and policies for Orono, which in turn requires more attention by the Council. McMillan stated having more lighting is not necessarily better since it will give the °appearance of urbanizing Orono. Basically this is a rural road that will become more urbanized with this project. McMillan noted there are currently five lights on the roadway, with a possible increase to 28, which is a big jump and needs to be carefully considered. Rahn asked if the railing is being removed from the project. Kellogg indicated they have not gotten clear direction on that. Kellogg noted the Council back in October reviewed the feasibility report and specified what they wanted and that they have attempted to keep the • Council informed throughout the project on what they were directed to accomplish. Printup commented that it may appear the Council is micromanaging this project, but when the City is proposing to spend $109,000 on landscaping, that is a beautification project. Kellogg noted the budget for the landscaping outlined in the feasibility study ranged from $250,000 to $800,000 and that they have reduced that amount to $109,000, which will provide some minimal landscaping and safety features. McMillan noted the third roundabout was added based on the discussions with the School District at a cost of $145,000, which does not include the extra lighting. McMillan commented there have been some major changes to the plans and required careful consideration by the Council. John Thiesse, 3845 Bayside Road, stated in his view the City Council is questioning the City Engineer on his best practices. Thiesse stated it is not a beautification project but it is a safety project, which was the number one reason for doing this project. McMillan stated there have been some changes made to the plans that have required extra consideration by the Council. Thiesse stated the goal of the medians is to keep the people from crossing at undesired locations. Thiesse commented that can be accomplished with a chain link fence but will not look good when it is finished. McMillan requested the police and fire departments be provided with the updated landscaping plan as • well to get their comments on the changes in addition to the School District. Page 18 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) Rahn asked if a decision on the irrigation system is what is before the Council tonight. Kellogg stated he would like direction from the City Council on the irrigation system, the cable fencing, and the lighting. The Council has indicated they want the pedestrian crossing signs. They would also like direction on the lighting plan if the Council would like additional lighting. Kellogg commented in his opinion it may not be wise to install fewer lights. Kellogg noted the plans need to be submitted for state aid approval in the next two weeks, which is before the City Council meets again. Rahn asked if the blue dots were the recommended lighting less the red dots. Kellogg indicated it is and that they would recommend the 28 lights. McMillan commented it is all or nothing on the lighting and that if there is going to be lighting, there should be adequate lighting. Kellogg stated it is critical to have adequate lighting at the roundabouts and crosswalks. • It was the consensus of the City Council to approve the lighting plan depicting 28 lights. Bremer indicated she is in favor of the irrigation system. McMillan commented she was surprised that it was coming off of the City's water main and that it was her understanding the School District would be handling the irrigation system. Bremer commented that fortunately water is fairly cheap in this area and that the watering season is relatively short. Bremer pointed out the irrigation system is meant to be used only for establishment purposes and possibly in a drought situation. McMillan noted the City is makingAa commitment to water the landscaping under the maintenance agreement. Bremer stated the City is assuming the maintenance agreement will be agreed to by the School District. McMillan commented it is troubling that the water will be borne by the City rather than the School District. McMillan indicated if the rest of the City Council is okay with the irrigation system, she would go along with it. Bremer requested the City Council be updated on what the School Board has to say in regards to the maintenance agreement. The City Council took no formal action on this item. Page 19 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. • (10. OLD CRYSTAL BAYROAD RECONSTRUCTION UPDATE, Continued) a. AUTHORIZE NO PARKING ON OLD CRYSTAL BAY ROAD - RESOLUTION NO. 6028 Kellogg noted this is a formality that needs to be completed if state aid dollars are utilized. There currently is no parking along Old Crystal Bay Road. Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6028, a Resolution Authorizing No Parking on Old Crystal Bay Road. VOTE: Ayes 4, Nays 0. *11. APPROVE ADDITIONAL EXPENDITURES GRINDER STATION 31 IMPROVEMENTS Bremer moved, Rahn seconded, to approve payment of additional amount of $1,200 to Electric Resource Contractors for the Grinder Station 31 improvements. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT This item follows the City Administrator's Report. CITY AD MINISTRATOR S REPORT • *12. STUBBS BAY RAVINE GRANT ACCEPTANCE - RESOLUTION NO. 6029 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6029, a Resolution Authorizing Acceptance of BWSR Grant for the Stubbs Bay Ravine Stabilization Project. VOTE: Ayes 4, Nays 0. *13. PUBLICATION OF LEGAL NOTICES — RESOLUTION NO. 6031 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6031, a Resolution Designating Selected Appointments for the Year 2011. VOTE: Ayes 4, Nays 0. 14. ESTABLISH MARCH 28TH WORK SESSION McMillan suggested the work session be held at City Hall. Rahn asked what topics would be covered. Loftus noted the City has not met with the School Board since last October and that the City Engineer would be presenting the final plans at that time for their input. Kellogg indicated they will give a brief presentation on how the plan has been revised since last October. Kellogg noted his office and staff has been working with the School District employees but not the School Board. Page 20 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 • 7:00 o'clock p.m. • (14. ESTABLISHMARCH28TH WORK SESSION, Continued) Printup asked what was decided on the landscaping that would be presented at the work session. Kellogg indicated he still needs direction on the railing. Printup stated he would like to see the railing eliminated. Bremer indicated she would like to keep it as designed and look at it again if costs go over on the project. Kellogg stated they could incorporate additional plants as an option in lieu of the railing. Bremer indicated she would be fine with that. McMillan asked if the entire median would be raised. Kellogg indicated it would be and that there would be some openings in the median where the manholes are located. Kellogg noted the police and fire departments have reviewed the plans with the exception of the latest landscaping revisions. McMillan commented that in her opinion the police and fire departments would want the ability to cross the median in the event of an emergency, which the plants and shrubs would allow versus the railing. Bremer moved, Printup seconded, to schedule a joint work session with the Orono School Board on March 28th at 5:30 p.m., to get an update on the final design for Old Crystal Bay Road. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Printup indicated he has gotten some good feedback about the LMCC taping. Printup indicated last Friday he took a tour with Mr. Gaffron around Orono to look at ongoing projects and to obtain a history of the area. McMillan reported she had a meeting with the Hennepin County Commissioners and local mayors. At the time the redistricting is done, it is likely Orono will have one commissioner rather than two. McMillan indicated she spoke with Jim Grube about the turnback of Highway 12 and how that will be commenced in the near future. CITY ATTORNEY'S REPORT None Page 21 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. *15. LICENSES & PERMITS GAMBLING PREMISES PERMIT - RESOLUTION NO. 6030 Northwest Tonka Lions, lnc. Navarre Lanes 3435 Shoreline Drive Bremer moved, Rahn seconded, to approve the above listed license and adopt RESOLUTION NO. 6030, a Resolution Approving Issuance of a Lawful Gambling Premises Permit for the Northwest Tonka Lions, Inc., to Conduct Lawful Gambling at Navarre Lanes Located at 3435 Shoreline Drive. VOTE: Ayes 4, Nays 0. *16. BILLS Bremer moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. EXECUTIVE SESSION - CLOSED MEETING 17. PENDING LITIGATION Mayor McMillan stated she will now close this meeting because the matter to be discussed is the pending litigation involving the City of Orono versus the Nygards. No further City Council business will be conducted after the closed meeting other than to adjourn. Bremer moved, Rahn seconded, to go into closed executive session to discuss pending litigation. VOTE: Ayes 4, Nays 0. (The City Council went into executive session from 9:49 p.m. to 10:35 p.m.) ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 10.35 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk 14AL- Lill Tod McMillan, ayor Page 22 of 22 • •