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HomeMy WebLinkAbout03-28-2011 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 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, Aaron Printup, and David Rahn. Representing Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator of Long -Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the pledge of allegiance. CONSENT AGENDA Item Nos. 5, 9, 10, 11, 12, 13, and 14 were added to the Consent Agenda. Bremer moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF MARCH 14, 2011 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council Work Session of March 14, 2011, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR COUNCIL MEETING OF MARCH 14, 2011 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of March 14, 2011, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS - LINDA FEUSS, REPRESENTATIVE Feuss stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Dennis Walsh, 1354 Rest Point Circle, stated he would like to speak to the City Council about budgets and taxes. Last year the City Council approved a budget that raised taxes and gave employees raises. The residents of Orono have experienced lower real estate values, higher unemployment, and lower revenue. In light of lower revenue, the City needs to cut costs. Walsh continued this council ran on transparency and fiscal responsibility. Aaron Printup had the most votes by running on fiscal responsibility and Mr. Rahn has stated that no expense is too small to look at. • Walsh stated it is easy to talk the talk but that he is still waiting to see the walk. The last time the City raised taxes, the value of his property went down eight percent but yet he is paying more taxes. Page 1 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Walsh commented he applauds the citizens who have come forward so far, such as Dick Lyman in February who talked about the Water and Soil Conservation District and the money the City sends them. The Water and Soil Conservation District has no defined goals. Walsh noted he has not heard any response to that from the City. Walsh stated he also applauds the City Council for their discussion on setting some goals. Walsh stated his goals are that the City lives within what they have and that they need to start saying no to different expenditures unless the residents are convinced we absolutely need it. Walsh suggested the City actually cut the budget by 7 to 15 percent rather than just talking about it. Walsh added that currently the City is talking about roundabouts and sprinkler systems and will be having an open house to discuss the Old Crystal Bay Road project but it has already been approved, which is backwards. Walsh stated in his view there are too many consultants in this City writing reports and that Staff can write up their own reports. Walsh questioned whether the City is paying for everybody's cell phones, retirement funding, and car washes. Walsh recommended the City seriously look at whether they need to add more staff, why the City owns an island park that they need to fund, a golf course business with land that is not on the tax rolls and buying new vehicles when vehicles and other items can be purchased at auctions, Ebay, and Craigs List. Walsh encouraged the Council to think outside of the box when cutting costs and that he would like to see some action on the budgets. Walsh indicated he does not want to see his taxes raised again next year. Walsh stated there are eighteen months until the next election. The word no needs to become a new is vocabulary word and the City needs to think outside the box when considering purchases and expenditures. The City needs to ask themselves why are we doing something. The City is supposed to be in the business of keeping taxes low, providing good infrastructure and good police protection. PLANNING DEPARTMENT REPORT 4. #11 -3498 MATT•ALEXANDER ON BEHALF OF KRAUS ANDERSON REALTY COMPANY, 875 WAYZATA BOULEVARD WEST - RPUD MASTER DEVELOPMENT PLAN APPROVAL - RESOLUTION NO. 6032 AND ORDINANCE NO. 86, THIRD SERIES Matt Alexander, Kraus- Anderson; Susan Farr, Ebenezer; Dan Nudecker, Pope Architects; and Steve . Johnston, Civil Engineer, were present. Curtis stated on July 12, 2010, the City Council granted Residential Planned Unit Development (RPUD) Concept Plan approval to Welsh Coinpany/Ecumen for their proposed 55 -unit assisted living project. Since that time Kraus- Anderson and Ebenezer have taken over the project and wish to pick up where Welsh and Ecumen left off. In January, Kraus- Anderson made the application to complete the final step and obtain Master Development Plan approval, which also includes rezoning from RR -1B to RPUD and a RPUD conditional use permit to allow assisted living. Kraus- Anderson had a few changes from the Welsh • approval - mainly a small increase in units. The concept plan approval resolution noted 55 units. Kraus - Anderson is proposing 62 total units - 33 assisted living, 10 enhanced assisted living, and 19 memory care Page 2 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (4. #11 -3498 MATT ALEXANDER ON BEHALF OF KRA US ANDERSON REALTY COMPANY, 875 WAYZATA BOULEVARD WEST - RPUD MASTER DEVELOPMENT PLANAPPROVAL, Continued) units. Including the covered entry, the applicant is proposing a two -story building with a 25,665 square foot footprint and a total of 47,891 finished square feet. The concept plan and master development plan approval process is similar to the preliminary plat and final plat process in that the concept plan approval outlines all of the conditions and requirements necessary for the applicant to meet in order to receive master development approval. The master development plan process is the final step where the City assures the applicant has met the requirements outlined in the concept plan approval and formally approves the project. Kraus- Anderson has met the requirements and conditions outlined within the concept plan approval resolution. The property was placed in the MUSA in 1987. In 2007, the property was re- guided to allow for residential development at a density of 1.43 units per acre for the Orono Villas project. In the draft 2010 CMP, the property was re- guided again to allow for a residential development at high density, a density that would have allowed up to 10 units per acre or 59 units based on a net area of 5.9 acres. In the final approved version of the 2010 CMP, the property was allowed to have a footprint increase from 20K to 30K square feet and the density was increased to allow for up to 15 units per acre. The proposed use at 62 units was within the guided density requirements. • The Planning Commission voted 5 to 0 to recommend approval of the project. The City Council waived the park fee requirement for the memory care units as part of the Welsh application. Kraus- Anderson has requested an additional reduction in the park fee based on the classification of the 10 enhanced assisted living units. The park fee amount of $139,750 is based on 43 units. The reduction requested results in a park fee of $107,250, for a difference of $32,500. Staff recommends approval of the project per the conditions in the draft development contract and the resolution. Additionally, as this project involves a rezoning from RR -1B to RPUD, a rezoning ordinance is attached for Council approval. The rezoning will only become effective upon execution of all other documents with regard to this development. Matt Alexander, Real Estate Development Consultant for Kraus- Anderson, thanked Staff for their work on this application. Kraus- Anderson has been in the real estate business for approximately 60 years and in the construction business for around 100 years. Kraus- Anderson senior care is a relatively new project. While they have constructed a number of these facilities, they have not operated and managed one before, so Kraus- Anderson has selected Ebenezer Management Company to manage the facility. Susan Farr, Ebenezer, stated they are part of the Fairview Health System. They have been in business for 95 years and in 1995 merged with Fairview. Ebenezer currently has 56 properties that they own or manage. Ebenezer loves the Orono area and feel it will be a good fit for this facility. Ebenezer was voted one of the top 100 employers to work for last year and they will bring that philosophy to Orono. Ebenezer has adult daycare, transitional care, care suites, nursing homes, and independent assisted living. They will be opening York Gardens April 1" in Edina, which is their newest facility. • McMillan asked for a brief overview of the services that will be provided at this facility Page 3 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (4. #11 -3498 MATT ALEXANDER ON BEHALF OF KRA US ANDERSON REALTY COMPANY, 875 WAYZATA BOULEVARD WEST - RPUD MASTER DEVELOPMENT PLANAPPROVAL, Continued) Farr stated due to the economy, more people are staying in their homes longer. This facility will have a 19 unit secured dementia area, 10 enhanced care units, and an assisted living area. They are finding that the residents want individualized privacy with a higher level of care. Every individual and their families will meet with an RN to help meet their needs. McMillan asked if all the rooms are handicap accessible. Farr indicated they are. McMillan asked if there will be community rooms. Farr stated there will be and that those rooms will be open to the general public for events. Ebenezer likes to partner with daycare centers and seniors. Ebenezer wants to embrace the community and would like this project to be a win/win situation for everyone. Ralph Kempf, 3675 Togo Road, noted both of his parents reside in a nursing home and that meals are one of the high points of the day for the residents there. Kempf asked how the food service would be handled by Ebenezer. Farr stated seniors like to be involved in the food preparation and that they conduct a survey of the • residents to find out about their favorite foods and activities they enjoy. This facility will have a chef that will be preparing the food and an events coordinator that will help arrange special occasions. Dan Nudecker, Pope Architects, stated he has been in this business for 32 years. The building sits adjacent to Old Highway 12 and new Highway 12, with the Luce Line in close proximity. There will be 62 units and 54 parking spaces. They have attempted to make an effort to screen the building from the Luce Line with landscaping and will be working with staff on that as the project progresses. Nudecker displayed a drawing depicting the proposed building, which will be a two -story wood frame building with cement board siding and cedar look cement board siding as well as a drive -under canopy for the main entrance. The roof will consist of asphalt shingles. Nudecker displayed a picture of the building taken from the Luce Line. They are going for more of a craftsman style look and are attempting to keep the profile of the building as low as possible. Nudecker stated the purple units on the drawing are the memory care units, which is a locked area. The memory care facility will have a fenced -in garden, a full service kitchen, its own dining room as well as an assisted living dining room. The building will also have a theatre space, bath or spa room in addition to the showers in each unit, lounge area, and a main lobby. The blue units are the assisted or enhanced care units. On the second floor are the assisted living units as well as a beauty/barber shop, a library area with computer stations, and an open balcony to the front lobby. Nudecker displayed the layout of a typical one bedroom unit. The assisted living units will include a range. The memory care units will not have any kind of a cooking facility but will have a counter and a refrigerator. The facility will offer some larger one bedroom units as well. Page 4 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (4. #11 -3498 MATT ALEXANDER ON BEHALF OF ARA US ANDERSON REALTY COMPANY, 875 WAYZATA BOULEVARD WEST - RPUD MASTER DEVELOPMENT PLANAPPROVAL, Continued) The City Council watched a brief simulation of a tour of the facility. There is a trail system all the way around the building and a rather substantial retaining wall next to the Luce Line Trail. Alexander noted the existing trees are rather tall and are actually taller than the building, which is not depicted in the simulation. From the Luce Line Trail looking down toward the building, there are also some berms that will contain some landscaping. There are approximately 30 some trees that are not currently on the plan but will be planted with Staffs help once the building is completed. Kempf asked if this is a stick built building. Nudecker indicated it is. Kempf expressed a concern about the noise that each resident generates and asked what kind of acoustical insulation is being proposed for each unit. Nudecker stated the units at a minimum will meet the STC code requirements and that they typically exceed that. They typically shoot for a 54 or 56. McMillan asked how much of the building would be illuminated at night. McMillan commented it is relatively dark in that area at the present time, which she would prefer remain. Alexander indicated there will be some parking lot lighting. McMillan asked if the lights would be on a timer. Nudecker indicated the lights would be on a photo cell but they could be put on a timer if the Council chooses. McMillan asked whether the lighting would be downward. Curtis noted the City's code does require downward lighting. McMillan asked whether there would be any landscaping lighting. Nudecker stated there will be some minimal lighting along the trail around the building and the canopy over the main entrance will also contain some lighting. The lighting will drop off as you get closer to the edge of the property. McMillan commented she would prefer the parking lot not be brightly lit all night long. Kempf asked if the parking lot will be concrete or asphalt. • Nudecker indicated it would be asphalt. Steve Johnston, Civil Engineer, stated all of the storm water on the site will be collected into the four different rain gardens, which will hold water up to a 10 -year event and discharge it slowly. They are not a Page 5 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (4. #11 -3498 MATT ALEXANDER ON BEHALF OF KPA US ANDERSON REALTY COMPANY, 875 WAYZATA BOULEVARD WEST- RPUD MASTER DEVELOPMENT PLANAPPROVAL, Continued) true rain garden with an infiltration basin but rather a filtration system. There will be two and a half feet of a soil/sand mixture that will filter out the contaminants and drain out into the adjacent wetlands. Johnston stated the way the site has been laid out is the parking lot area will all drain to the center area and then the other rain gardens will pick up the other runoff. The ponds will fill up during a rainstorm and then drain out. Bremer asked about the reduction in park fee. Alexander noted the park dedication fee was reduced for the memory units proposed in the other application and that the enhanced assisted living will be for tenants who are short-term, which will be close to eight months to a year. Those residents will typically be recovering from surgeries and will not be utilizing the park system within the City. A waiver of the park dedication fees would help to keep the costs down. McMillan asked if the residents would be leaving the building. Alexander stated if they do leave the building, it would be likely to utilize the trail around the facility and that they typically will not be leaving the property . • Rahn asked if there will always be the acute care section or whether that would be converted at some point into assisted living. Alexander commented he cannot say they never will be, but that they will be working with Fairview Hospitals to help accommodate patients who are recuperating from surgery. The design of the unit is more for a recuperating patient and will consist of a kitchen unit. In an effort to help reduce costs, they are requesting the park dedication fee be reduced. Bremer asked if the City has a consistent policy on the waiver of park dedication fees. Gaffron indicated the City has very little history with these types of development. Orono Woods on Highway 12 was a TIF project where the City deferred park dedication fees for a period of 20 years. The City still has the opportunity after those 20 years have elapsed to collect those fees under certain conditions. Approximately one year ago at this site the City Council elected to waive the park dedication fees. The Klinglehutz project in Navarre also had the park dedication fees waived completely. The City does not currently have a standard for dealing with memory care units and park dedication fees. Bremer stated she would like this request to be consistent with what the City has done previously. Alexander noted the number of units has been increased to 62 and that they are really only requesting a waiver of the park dedication fee on three of the units from what was previously approved. Rahn moved, Franchot seconded, to adopt RESOLUTION NO. 6032, a Resolution Granting RPUD • Master Development Plan Approval for Kraus- Anderson Realty Company for Orono Senior Housing Planned Unit Development No. 7, with the park dedication fee being based on 43 units, and to adopt ORDINANCE NO. 86, Third Series, an Ordinance Amending the Official Zoning Map by Page 6 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (4. #11 -3498 MATT ALEXANDER ON BEHALF OF ARA US ANDERSON REALTY COMPANY, 875 WAYZATA BOULEVARD WEST - RPUD MASTER DEVELOPMENT PLANAPPROVAL, Continued) Rezoning 875 Wayzata Boulevard West from RR -1B Single Family Rural Residential District to RPUD Residential Planned Unit Development District Planned Unit Development No. 7. VOTE: Ayes 5, Nays 0. *5. JAMES MACKINNON, KINTYRE H - CHANGING OF STREET NAMES Bremer moved, Franchot seconded, to change MacKinnon Drive to Kintyre Lane. VOTE: Ayes 5, Nays 0. 6. PLANNING COMMISSION CHAIR AND VICE CHAIR APPOINTMENTS Curtis indicated she has spoken with all of the planning commissioners and that Loren Schoenzeit, Jon Schwingler, Linda Feuss and Denise Leskinen have all indicated they are interested in either position. Curtis noted a corrected attendance record for each commissioner has been provided to the City Council. Rahn recommended Loren Schoenzeit for planning commission chair. Bremer stated in her view Loren Schoenzeit has some past experience chairing the meetings and would do • a good job. Ralph Kempf commented that while he was on the Planning Commission Loren Schoenzeit was an enthusiastic commissioner, did a good job, and would be willing to invest the time needed. Rahn recommended Denise Leskinen be appointed as vice chair. Rahn noted she has a good attendance record. Rahn commented that all of the commissioners do a good job. Rahn moved, Franchot seconded, to appoint Loren Schoenzeit as Planning Commission chair and Denise Leskinen as Planning Commission vice chair, effective April 1, 2011. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT 7. OLD CRYSTAL BAY ROAD RECONSTRUCTION Kellogg reported that he spoke with the police and fire chiefs regarding the landscaped median plans and neither expressed any concerns. Kellogg stated the City has data for annual irrigation costs for the dental office in the northeast quadrant of OCBR and CSAH 112 as well as for the senior housing complex at the intersection of Brown Road and CSAH 112. Based on that data, the estimated water costs for the median irrigation system would be between $500 and $900 annually during the initial 3 -year establishment period. It is expected this cost to • be reduced significantly after the first three years based on the type of plantings proposed. The plantings selected for the median are drought resistant and salt tolerant. Page 7 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (7. OLD CRYSTAL BAY ROAD RECONSTRUCTION, Continued) A cost analysis has been completed comparing 250 W High Pressure Sodium versus an equivalent LED lamp. The estimated total annual electrical cost for the 29 proposed light poles is $2,997 for the HPS and $1829 for the LED. The initial capital cost for the LED fixtures is slightly higher than the HPS fixture. Based on the capital cost and energy usage only, the estimated payback period is two years if the LED fixtures are utilized. Generally the useful life of a LED lamp is approximately four times the life of a HPS lamp. Considering the capital expenses, energy savings and reduced maintenance, there is an estimated 20 -year life cycle cost savings of approximately $74,000 if LED lamps are used. The LED lights will emit a bluer light whereas the high pressure sodium lights emit more of a yellow light. Bremer asked which lights are becoming more common. Kellogg indicated the LED lights are more popular since they last longer and require less maintenance. The advertised life span of an LED is three to four times longer 'than a high pressure sodium light. LED bulbs simply dim over time and never completely go black. The Public Works Department is in favor of the LED lights. McMillan asked whether any thought has been given to putting the lights on timers. • Kellogg stated he did discuss that with the Public Works Department and that there was some question on what hours the timer would be set for. Kellogg noted the cost savings would be fairly minimal and that there is a cost feature to add timers to the lamps. • McMillan asked whether some of the lights could be put on timers, such as the lights at the crosswalks: a Kellogg stated their electrical engineers have stated you should either light it to industry standards or not at all to avoid the drivers going from dark to light. Franchot asked if the best practice is to turn them on at night and turn them off at daytime. Kellogg noted they would be on photo cells. Franchot suggested the City Council follow best practices with the lights. Printup asked if the light poles are 28 -feet. Kellogg indicated they are. Printup asked what the purpose is for planting trees on the roundabouts. Kellogg stated the landscaping was designed to prevent people from looking at the oncoming traffic when going through the roundabouts and that the lights would be illuminating the roadway. Printup asked whether there will be light poles located on the roundabouts. Kellogg indicated they will not be located in the center island of the roundabout but around the perimeter. Printup stated the feasibility study on page three indicates that the poor condition of the road was the reason that the City elected to move this project up in addition to traffic congestion and safety concerns. Page 8 of 24 1­1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (7. OLD CRYSTAL BAYROAD RECONSTRUCTION, Continued) The feasibility also identified improvements to both the street and utilities to adequately serve the area. Printup stated he reads that to mean the condition of the road is the priority of this project and that in the last several weeks safety has become the buzz word. Printup stated in his view the City has a duty to construct a safe road and that the landscaping has become more of a beautification project. Printup noted there were several optional improvements listed in the report. Some of the options were a sidewalk on the west side, enhanced pedestrian crossings, a 12 -foot wide median, and enhanced lights. There was no mention of irrigation, which is now an add -on. Printup commented that irrigation is expensive and requires ongoing maintenance. Earlier this evening there was a work session where some discussion on the maintenance agreement was had about who is going to maintain the median. Ultimately it is likely the City will take ownership of it. The City needs to take a real hard look at the ongoing maintenance of the landscaping and the road. Dennis Walsh asked why the City is having an open house when everything appears to have been decided.. Printup commented in his view there is more that needs to be understood and discussed as part of this project so the project does not become bloated. Printup noted on tonight's agenda under Item No. 8 the residents of Crystal Bay Road are requesting speed bumps, which has also been an ongoing issue for their neighborhood. Printup stated they have been talking about $109,000 for landscaping but yet the Crystal Bay residents have trouble getting speed 40 bumps or speed humps. Printup moved, Rahn seconded, to remove all landscaping, including trees and shrubs, and the cable rail as part of the Old Crystal Bay Road project and to consider adding it later, and to approve the LED lights. Rahn asked if Printup is agreeing with the LED lights. Printup stated he is in agreement with the LED lights but would like the landscaping removed, which would include all trees on the median and boulevard, as well as the shrubs and the irrigation system. McMillan asked if different sections of the landscaping can be bid as an alternate. McMillan stated this item also relates to the maintenance agreement and that she does have concerns about putting in trees and landscaping if there is not a firm agreement between the City and the School District. McMillan commented it can be expensive to replace trees and shrubs and that perhaps the City should scale back on the landscaping. Kellogg noted the direction his office was given in October was to pursue landscaping. The only thing that has been added to the project has been the third roundabout. The direction in October was to construct a median not to exceed 12 feet wide and to bid the third roundabout as an alternate. The sidewalk on the west side is being paid for by the school and the lighting was part of the base bid. Kellogg indicated to his recollection the discussion at the time was that the City did not think the landscaping budgets that were provided in the feasibility report were doable and that considerable • discussion has been had over the past few months concerning that aspect of the project. Kellogg stated the landscaping in the roundabouts is required to direct traffic. The landscaping in the medians could possibly be eliminated, but if the landscaping is removed, the plans will need to be resubmitted and the project will be delayed if the plans are changed significantly. Page 9 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. • (7. OLD CRYSTAL BAY ROAD RECONSTRUCTION, Continued) Rahn stated it was his understanding the landscaping would be an alternate. When the bids come back, the Council could elect at that time not to go forward with it. Kellogg indicated they would need to structure the bids to include a base bid and then have different alternates for the different portions of the landscape work. Kellogg stated his office would do their best to try to amend the plans in a timely manner so the project would not be delayed. McMillan asked whether it would be helpful if some of the items were eliminated tonight. Kellogg stated to restructure the landscaping as an alternate bid could possibly be done, but if the plans that have already been submitted to state aid are going to be changed substantially, there could be a problem. Mattick clarified that the city engineer recommended landscaping needs to stay within the roundabout areas. Mattick asked whether it was Council Member Printup's intention with his motion that landscaping in the roundabouts would also be eliminated. Printup stated he would like to remove everything since it can be added at a later date if the Council or the school so chooses. Kellogg stated there may be a problem with state aid approval of the final roundabout design with removal of the landscaping in the roundabouts. Printup amended his motion to remove all landscaping except for the bushes located in the roundabouts. Rahn indicated it was his understanding that the landscaping would be a component of the bid and that the landscaping portion of the bid could be rejected in case it came in too high. Kellogg stated the landscaping would need to clearly be an alternate bid as part of the proposal. The sidewalk on the west side is an alternate also. As it is currently structured, the proposal is one package, which includes the landscaping, sewer and water, and storm water improvements. If the direction is to back the landscaping out and make it an alternate bid, his office can do that. Mattick stated the Council can either discuss the motion or vote on it. For purposes of clarification, if the landscaping is treated as an alternate, Mattick asked if the specs would be written that account for no landscaping to address the median treatment. Kellogg indicated the medians will need to be seeded with something or there will be an erosion issue. Mattick noted the motion has been amended. Rahn indicated he will accept the amended motion for discussion. Rahn asked if the motion is to make the landscaping an alternate. McMillan noted the motion was to eliminate the landscaping except for the shrubs located in the • roundabouts. McMillan asked if the landscaping can be brought in at a later time. McMillan noted there is some contingency money in the budget for this project. Page 10 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 • 7:00 o'clock p.m. (7. OLD CRYSTAL BAY ROAD RECONSTRUCTION, Continued) Kellogg stated if the Council elects to do the landscaping at a later time, it would need to be done after the road contractor is finished. Kellogg indicated they can either use the existing plans or create a new set of plans. Franchot requested the motion be put to a vote. Franchot noted some of the Council has consistently had problems with the landscaping and that the issue here is more about trying to cancel the landscaping or dramatically reduce it rather than clarifying what will be included as part of the landscaping. Franchot stated in his opinion the time has come for the Council to take a final vote on what the project is going to look like. This project has been discussed thoroughly since last year with the School District and they have gone round and round on the landscaping and nothing new has been raised in that time. Franchot stated he completely disagrees with the characterization that this is a beautification project but rather it is the City doing the project correctly from the start. Franchot noted the landscaping plan has been worked over multiple times and reduced dramatically from what was originally proposed. Franchot recommended the Council vote down Printup's motion and to make a new motion directing staff and the engineers to bring to the City Council the request for bids as the Council has discussed and agreed time and time again. McMillan noted Rahn and Printup were not involved in this project since 2010. • Franchot commented the previous council has made decisions regarding this project, and in the absence of any major issues, the Council should continue to move forward with the project. McMillan stated a major decision was made in January to add the third roundabout to the base bid at a cost of approximately $145,000 and that some of the Council is attempting to make up that difference by cutting other portions of the project. Franchot noted the discussion has been had a number of times and that the Council now needs to make a decision. Rahn stated in his view, similar to the roundabout and the lighting, when the Council decided to add the third roundabout, the lighting also came with it. Rahn stated when the Council made the decision to go from a 4 -foot wide median to a 10 -foot median, the minutes talked about a landscaped median. The question for the Council now is whether it needs to be landscaped now or landscaped later with volunteers perhaps but not have it part of the bidding process except for what is required for the roundabouts. Printup noted his motion was only for the shrubs located in the roundabouts. Printup agreed that the Council has gone over this a number of times but that he is more than happy to discuss it again. Printup pointed out the road goes in front of the school and that when the landscaping would be blooming, school will not be in session. Printup stated in his view for the most part this is a beautification project and that for a large part of the time that school is in session it would be covered with snow and ice. Printup indicated there are a number of issues that he has problems with and that he has been upfront about them. Ralph Kempf commented that he was here on the floor listening to these conversations when Council Member Rahn was not present. Kempf pointed out that one thing that was discussed was that the • landscaping is functional and would help direct the pedestrians to the crosswalks. One of the things the Council looked at previously was that if they do not have a vegetative screening to accomplish that, then there was going to be a fence. The fence turned out to be actually more expensive than the vegetation Page 11 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. • (7. OLD CRYSTAL BAYROAD RECONSTRUCTION, Continued) since a substantial amount of fencing would be required. Kempf stated that while it has to be noted that this is a beautification project and will make the gateway to the schools look much different and better, the landscaping is also serving a real function. Dennis Walsh asked why the City is having a beautification project at all. There are a number of rural communities that are grinding up the pavement and going to gravel since the costs for pavement are about $600,000 and only $80,000 for gravel. Walsh commented he. is not sure who came up with the idea for the third roundabout, but if the school is pushing for that, they need to discuss why they need something or don't need something. Walsh noted it does not appear that the School District has been very involved in this process. Franchot noted the roundabouts were brought up by the City, with the School District being initially opposed to them. Following the studies and computer simulation that demonstrated the superiority of the roundabouts, the School District changed their minds. Franchot stated the school has been closely involved in all of these discussions from day one and that it was not a casual decision on the design. Franchot stated in his view this is the best design for the needs of the school and the City. Franchot noted they discussed this project with representatives from the School District in a work session held earlier this evening and that the school has stepped up to help the City by agreeing to assist in the maintenance of the landscaping and accepting the cost of the west sidewalk. The school has also been very accommodating with the easements. Following a number of discussions, the School District • requested the third roundabout be included, which the City agreed to. Franchot commented that there has been a good partnership between the two parties and contributions have been made on both sides. Printup commented he finds it interesting that the School District would have issues with something the City decides to do for their taxpayers. Printup noted the taxpayers located in the Mound School District would also be paying for this project. Franchot stated in his opinion the school board would be disappointed with the Council flipping on this issue. McMillan pointed out on this road there are a lot of left hand turns which cause a great amount of stacking. In the school's view and the city engineer's view, the roundabouts help to resolve that issue and address the school's traffic problems. McMillan noted there needs to be a median to prevent left -hand turns and that the Council elected to go with a 10 -foot landscaped median versus a 4 -foot median. Bremer stated in her opinion Robert's Rules of Order should be followed and that the motion has been amended and called. Bremer stated there has been a lot of good discussion on this issue but that unless there is something new that has not been previously discussed, the motion should be voted on. VOTE: Ayes 3, Nays 2, Franchot and Bremer opposed. Kellogg stated his understanding of the motion is that the landscaping at the roundabouts will be limited to shrubbery. There was discussion at a previous meeting that the tree replacement would be limited to trees removed as part of the project. The current plan shows those trees being installed around the • roundabouts at the perimeter. The amount of trees on the roundabouts is equal to the anticipated number of trees being removed as part of this project. Kellogg asked whether that is still the way the Council wants to proceed. Page 12 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 • 7:00 o'clock p.m. (7. OLD CRYSTAL BAYROAD RECONSTRUCTION, Continued) McMillan asked if he is speaking about the trees located outside the curb. Kellogg stated the trees around the perimeter of the roundabouts would be equivalent to the number of trees that would be removed as part of the project. Kellogg asked what the direction is on the irrigation system. McMillan stated the irrigation system could be voted on. Bremer stated in her view the plans should have remained as they were. Printup pointed out the school board was open to having the water run come off of their line and that they would pay for it. It was later discovered that the school did not have the water capacity and that it would have to come off the city line, which would result in the taxpayers paying for that water usage. Printup noted the City would be responsible for the installation of the irrigation system and asked whether the City would also be paying for the water. Kellogg indicated yes. Printup noted the City does not water its own parks and that he would make a motion to remove the irrigation on Old Crystal Bay Road. • Printup moved to remove the irrigation system from the plans and specifications. Franchot asked whether Council Member Printup would also like to cease watering the grass in front of city hall. McMillan noted the City does water the grass immediately in front of the city hall building. Printup stated his motion would be to remove the irrigation from Old Crystal Bay Road as part of this project. MOTION DIED FOR LACK OF A SECOND. Rahn moved to have the plans and specifications modified to include an alternate bid for the median shrubbery, an alternate bid for the installation of the sprinkler system, and an alternate bid for the landscape contractor to water the landscaping. Rahn stated once the bids come in, the Council would then have the option to select whichever alternate they prefer. Franchot asked if Council Member Rahn's motion would also include an alternate bid for the landscaping plan as proposed. Rahn indicated he would be willing to make that an alternate bid as well. • Rahn amended his motion to have the plans and specifications modified to include the current landscaping plan as an alternate bid, to include an alternate bid for the trees in the roundabouts, to include the median landscaping as an alternate, to include the contractor maintaining the Page 13 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (7. OLD CRYSTAL BAYROAD RECONSTRUCTION, Continued) landscaping as an alternate, to include an alternate bid for the installation of the sprinkler system, and to include an alternate for the railings as proposed. Rahn stated he would like to have line item pricing so the Council will be better informed on the costs for each component of the project. Kellogg noted that is the way the bids will come in. Franchot stated if the motion includes the landscaping plan as presented, he will second the motion. Motion seconded by Franchot. McMillan asked whether Council Member Franchot wants the proposed landscaping plan to be included as an alternate bid. Franchot stated as long as one of the options is to include the plan that has been recommended by Staff as an alternate, he would second the motion. McMillan asked if the landscaping would all be in one package, which would also include the irrigation. Franchot indicated the main item he would like included in the motion is the option that they will receive • a bid in some form that would allow the plan that has been recommended to them be one of the options that is still in play. Franchot indicated he does not care if it is all in one package or broken up. Rahn stated the motion would be to have an alternate to bid it per the documents, an alternate to bid it with the irrigation system separately, the median treatments separately, and the ability for the installer to water his .products in lieu of the irrigation system. McMillan asked if Franchot is okay with that motion. Franchot stated what he hears being said is that the City should go ahead and bid it with the landscaping as a total package and then as different components. Kellogg stated the best way to proceed would be to have the roundabout landscaping bid as an alternate, the median landscaping bid as an alternate, the irrigation system bid as an alternate, and then also include the option to have the contractor do the two -year maintenance as an alternate, which will give the Council the option to pick whatever alternate or alternates they want to go with. Mattick asked if they would all be structured as alternate bids. Kellogg indicated they would be. VOTE: Ayes 3, Nays 2, Printup and Bremer Opposed. Mattick stated he wants it made clear that the last motion is the prevailing motion. • Page 14 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 • 7:00 o'clock p.m. (7. OLD CRYSTAL BAYROAD RECONSTRUCTION, Continued) Rahn. moved, Franchot seconded, to make the previous motion approving the alternate bids the prevailing motion over Printup's motion eliminating all landscaping. "VOTE: Ayes 4, Nays 1, Printup opposed. MAYOR/COUNCIL REPORT This item follows Item No. 16. CITY ADMINISTRATOR'S REPORT 8. CRYSTAL BAY ROAD SPEED BUMPS Loftus stated in July of 2010, the City of Orono hosted a neighborhood meeting to address the traffic concerns received from residents along Crystal Bay Road. In October of 2010, the residents submitted a petition for installation of a cul -de -sac or barrier at one end of the roadway or the other. At the October 11"' meeting, the Orono City Council discussed the petition. The general consensus was not to incur the expense of proceeding with the requested cul -de -sac or barrier. Instead, the City Council suggested a task force look at other options to address the traffic concerns from residents along Crystal Bay Road. • In February of this year, the task force met and asked Staff to bring speed bump information to the City Council for consideration. A temporary speed bump, which is one foot wide by one and a half inches high, would cost $4,000 plus periodic replacement. A permanent or temporary speed hump, which is a gradual rise in the pavement approximately 12 feet wide and three to four inches high, would also cost approximately $4,000. In addition, a 24 -inch sign would be used at each of the four bump locations to give warning of a vertical deflection in the roadway. There would also be yellow striping on the bump itself to increase visibility and safety. This expenditure is not funded in the 2011 budget. The City Council may want to consider how to handle additional or future requests for speed bumps. Plymouth requires a phased approach with education and enforcement followed by a petition supported by 75 percent of properties. Properties abutting the improvement are specially assessed a portion of the cost. Wayzata requires a petition supported by at least 50 percent of properties for installation or removal of speed bumps. Loftus displayed a picture of a temporary speed bump and a speed hump. McMillan asked how many bumps there would be. Loftus indicated there are typically five speed bumps in a series. is Don DeBaere, Orono Public Works, indicated there would be three humps. Mayor McMillan opened the meeting to resident comments at 8:42 pm. Page 15 of 24 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. • (8. CRYSTAL BAYROAD SPEED BUMPS, Continued) Sean Foy, 3345 Crystal Bay Road, stated there are three options in the original proposal but only two options were presented tonight. Loftus stated the permanent and temporary speed bumps typically look the same. Foy asked when the road is scheduled to be repaved. Loftus stated it is not scheduled within the next 10 years. Foy commented that the City is spending millions of dollars on one road and yet on this project they are talking about assessing the residents even though it is a safety issue. People drive through there at excessive rates of speed all the time, especially in the wintertime. Someone is going to get hurt and it will be on someone else's conscience if something is not done to improve the situation. Mark Zagaria, 3295 Crystal Bay Road, stated in terms of the speed humps or bumps, he has some issues with them. One is that anyone driving on the road has already accepted the responsibility of driving over speed bumps other than the residents on Crystal Bay Road because the bumps are already in Minnetonka Beach and that road only goes to Crystal Bay Road. The speed bumps or humps will not appreciably reduce the traffic. They will slow people down, but the down side of them is that. they are quite noisy. If you walk in Minnetonka Beach, there are those that slow down for the speed bumps and there are those who speed up for them. • Zagaria indicated he does not feel the speed humps will be less noisy and they will make a lot of noise during the middle of the night. Zagaria noted they are proposing one about 50 feet from his bedroom and that he does not want to be listening to that all night long, particularly in the summer with the windows open. While there is a speed problem on the road, he would prefer the speed over the noise. Zagaria indicated he would be happy with the speed bumps or humps as long as they are not within 200 feet of the edge of his property. Since the noise generated from them is considerable, that should be taken into consideration. Josh Jobs, 3375 Crystal Bay Road, indicated he has two kids, one who is three and one who is two. The road was there when he purchased the property, but it is a narrow road and the posted speed limit is 15 miles an hour. There are two thoroughfares to handle cross traffic, and at the time he purchased the property, he did not know there would be an overabundant amount of traffic. The speed on the road is excessive and the volume of traffic is also considerable. Jobs indicated he hopes the City moves forward with increasing the safety for the families in the neighborhood. Ann O'Reilly, 3349 Crystal Bay Road, stated they have resided here for six years but did not have children when they first moved here. O'Reilly stated she is amazed at the amount of traffic currently on the road and that every year it seems to get more and more pronounced. The number of children in the neighborhood has increased. There are numerous children under ten years old and the demographics have changed considerably. O'Reilly stated the residents presented a petition last fall where about 80 percent of the residents acknowledged that there was a problem with the traffic and they requested a cul -de -sac be constructed. The City did not want to do that. O'Reilly stated she appreciates the opportunity to evaluate the is permanent speed humps, which is probably the best option and would be a long -term solution since it Page 16 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 • 7:00 o'clock p.m. (8. CRYSTAL BAYROAD SPEED BUMPS, Continued) would not be seasonal. Minnetonka Beach removes their speed bumps in the wintertime, which also bears a cost. O'Reilly indicated she has looked at the Wayzata ordinance and she would request the City Council consider something like that since they do not want to go back and have to redo everything. O'Reilly stated she would like to have these in place by the summertime. O'Reilly stated her concern is that the City Council will look at the wants and desires of the Lafayette Club, which is not in the City of Orono. The convenience for the Lafayette Club should not be a consideration. A number of the Lafayette Club members speed through their neighborhood and some are under the influence. O'Reilly stated she has spoken with some of the Lafayette Club members and they have indicated that they love using Crystal Bay Road as a shortcut. O'Reilly stated the number one goal of the City Council is the citizens' best interests and that they are here asking them to protect the safety of the children on the street. O'Reilly encouraged the City Council to move forward with it this year since the cost is nominal. Leroy Erger, 3265 Crystal Bay Road, indicated he has resided at his property for 46 years and that he would encourage the City Council to do something to address this problem in the near future. The sewer covers are also a detriment. Erger suggested the City not repair the road since it will help to slow the people down. Erger stated the two and a half inch plastic ones will be difficult to navigate for people with baby carriages as well as the kids on skate boards. The speed humps would be preferable over the bumps. Erger indicated the local paper said they are around $4000, which, divided up among the residents, would not be a lot and he would not fight the assessment. In Minnetonka Beach the motorists either go real slow or real fast to get over them. Erger indicated he does have a problem with the Lafayette Club members using their road as a shortcut and that he wants the traffic slowed down. Franchot stated he understands the reasons not to do this and the reasons why it should be done. A significant number of the residents on the street have worked hard to have something done and the City needs to have a consistent plan in place when other residents approach them with a similar request. - Franchot stated in his opinion the speed humps meet the citizens' needs better and that it is incumbent upon the Council to do something to help the residents. Franchot stated he would be in favor of the speed humps. Rahn commented he is in agreement with the concerns raised and that there are a number of streets in Orono that are hard to navigate. Rahn indicated he would like to develop a policy to handle this type of request because if this is approved, the City will likely get ten more requests for the same thing next month. The City needs to have a policy before the Council moves any further. McMillan noted the videotape needs to be changed and that there will be a brief recess. • (Recess taken from 9:00 p.m. to 9:06 p.m.) Printup indicated he is in favor of the speed humps but that he would prefer the removable kind due to issues that could come up with noise, maintenance, and snow plows. Page 17 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. is (8. CRYSTAL BAYROAD SPEED BUMPS, Continued) A resident in the audience asked whether there is a noise difference between the removable speed hump and the permanent speed hump. Loftus indicated the permanent might be quieter. Loftus stated the speed humps that are lower to the ground and wider may be less effective. Don DeBaere, Orono Public Works, stated if you went to speed bumps, you can add or delete how many you want in a series. A resident in the audience commented that SUVs are able to go over them cleanly and don't need to slow down. DeBaere stated speed humps are typically used to reduce the speed limit from 35 mph down to 15 mph. DeBaere commented he is not sure how much is going to be gained from lowering it from 15 mph. Zagaria stated if the people were going 15 mph, it would not be a problem. A person in the audience commented that people are driving drunk at 40 mph. Loftus stated the speed humps are less noisy but they do not slow cars down as effectively. DeBaere stated the temporary speed humps would cause more noise than the permanent speed humps. • A person in the audience asked if the only opposition is the noise. Bremer indicated the concerns are noise, cost, and the fact that it may be precedent setting. Zagaria reiterated that he is opposed to them by his house since they create a lot of noise. McMillan commented she would prefer the temporary speed hump since it allows some flexibility in location and with snow removal. McMillan stated if they go with permanent speed humps or bumps, she would prefer to have a policy in place, but that she does not want to create a policy unless the City absolutely has to. Zagaria suggested the City relocate the speed hump proposed between 3209 and 3309 and move it in front of somebody's property who wants it. Zagaria stated that he personally knows from walking in Minnetonka Beach that they are quite noisy and that he will have a huge problem with the noise. Dave Schmid, 3309 Crystal Bay Road, indicated he lives up on a hill and parks in back. Schmid stated he does not have kids and that the speed bump proposed between his house and 3295 would be better suited by the people who have the children. Bremer asked why that spot was selected. Kellogg stated there are some guidelines for locating the humps, such as locating them at least 200 feet • from corners and intersections, near property lines, away from utilities, and away from driveways. Kellogg indicated it is difficult to meet all those guidelines and that they evenly spaced the speed humps. Page 18 of 24 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (8. CRYSTAL BAYROAD SPEED BUMPS, Continued) McMillan stated the City will need to figure out a process where to locate them to best suit the residents who want them. O'Reilly noted there is a curve as you come down the hill and that maybe it should be moved down a little bit further, which would solve the noise problem for 3295 Crystal Bay Road. Tom Jensen, 3325 Crystal Bay Road, indicated he also does not want the speed bumps close to his property. The reality is, when you are coming down by 3309 Crystal Bay Road, there is a huge bank and there is an incline. The property at 3309 Crystal Bay Road is elevated above the road and would be a perfect spot for the hump. Jensen noted there is a huge transformer and power pole near his property. Jensen stated the City has to have a process for the residents to be heard on this. Schmid commented that he does not know if people realize how loud they are and how much light the headlights on cars cast. Schmid stated the residents have to decide what is really important, the speed or being disturbed at night. Zagaria requested the hump be removed or relocated away from his property. McMillan stated hopefully the City can develop a process to decide the appropriate locations and that perhaps the neighbors can arrive at some desirable locations. O'Reilly stated it looks like there are enough votes on the Council to get the temporary humps. Bremer stated without knowing the exact location, it is difficult to approve the speed humps. Printup asked when they could be installed if it is approved tonight. DeBaere stated as far as the Public Works Department is concerned, they could be installed by the time the frost is out provided they are ordered and delivered by that time. Franchot asked how they would be paid for. Printup commented with the removal of a few trees on the Old Crystal Bay Road project, that money could be reallocated. Bremer stated unfortunately that is not the reality and that the money for the Old Crystal Bay Road project is coming from a different fund. Franchot asked how the residents would feel about chipping in if the right locations are determined. Bremer stated each of the neighbors would have to be asked. McMillan stated she would agree with three to four speed humps at city expense. Franchot indicated he would also be in agreement with speed humps. Franchot stated it would need to be • recognized that this is experimental. Page 19 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. (8. CRYSTAL BAYROAD SPEED BUMPS, Continued) McMillan pointed out that further east there are speed bumps in Minnetonka Beach, and that while there are similar road situations in Orono, she would like to try this on an experimental basis. Rahn noted signage would also be required in addition to the humps. Zagaria pointed out the Council has not addressed the location issue. Zagaria indicated he would be willing to pay for a portion of the speed humps as long as they are not located near his property. Kellogg stated he is not sure if all the property owners are represented here tonight where the humps are proposed to be located. A discussion was held among the property owners in attendance at the meeting regarding the location of the speed humps. It was the general consensus that the speed humps be located in front of 3405, 3345, and 3309 Crystal Bay Road. McMillan suggested the City go forward with the three humps that have been designated on the map and perhaps revisit the issue again if a fourth one is desired. • Franchot moved, Printup seconded, to direct Staff to proceed forward with the purchase and installation of three temporary speed humps in the three locations marked on the chart (3405, 3345, and 3309 Crystal Bay Road, with the signage denoting a bump, and that the City will pay for the • three speed humps with the understanding that this is an experimental project. Franchot requested that Staff give some thought on whether a formal policy is necessary. VOTE: Ayes 5, Nays 0. *9. ACCEPT QUOTATION FOR PARK MOWING SERVICES Bremer moved, Franchot seconded, to accept the quotations from Meyer's Outdoor Services of Delano, Minnesota, for park mowing services for the 2011, 2012, and 2013 seasons in the amount of $49,800. VOTE: Ayes 5, Nays 0. *10. PURCHASE CASE WHEEL LOADER Bremer moved, Franchot seconded, to approve the trade -in of the City's current loader towards the purchase of a new Case 621E Wheel Loader from St. Joseph Equipment in the net amount of $129,153.09, and to amend the Improvement and Equipment Outlay Fund Budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. *11. AMEND 2011 FEE SCHEDULE REGARDING GOLF COURSE FEES - RESOLUTION NO. 6033 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6033, a Resolution Amending the 2011 Fee Schedule. VOTE: Ayes 5, Nays 0. • Page 20 of 24 • . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. *12. APPOINTMENT OF 2011 GOLF COURSE EMPLOYEES Bremer moved, Franchot seconded, to approve a seasonal employee pay range of $8.40 to $9.95 per hour for the 2011 season. and to hire the seasonal employees as indicated in the list attached to the March 24, 2011, report of the finance director, under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0. *13. TRANSFER GOLF COURSE ASSETS - RESOLUTION NO. 6034 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6034, a Resolution to Close the Golf Course Enterprise Fund to the General Fund. VOTE: Ayes 5, Nays 0. *14. TRANSFER TO PIR FUND FOR POLICE RADIOS Bremer moved, Franchot seconded, to transfer $125,000 from the 2010 police budget to the PIR Fund for the future purchase of radios. VOTE: Ayes 5, Nays 0. 15. 2010 GENERAL FUND BUDGET ADJUSTMENTS Olson noted this is the formal approval of the budget adjustments. McMillan asked what triggers a budget amendment. • Olson stated a budget amendment is necessary when more money is spent than what was originally allocated for in the budget. The City did not go over budget on the overall city budget but rather went over budget in four particular departments. Franchot moved, Bremer seconded, to approve the 2010 General Fund Budget Amendments as outlined in the March 24, 2011, report of the finance director. VOTE: Ayes 5, Nays 0. 16. 2010 SPECIAL REVENUE FUND BUDGET ADJUSTMENTS Olson stated the special revenue fund budgets that are being adjusted are budgets that did not have a formal budget approved at the beginning of the year. In 2011, the City did adopt budgets for the drug and felony forfeiture fund and senior housing fund. Olson indicated he is hopeful that the City will not need this budget adjustment next year. Action is required to make sure that the fund is in balance for the rest of the year. Franchot noted this is not a budget action but is adjusting actual to actual. Olson indicated that is correct. In the 2011 budget, the City adopted budgets for the TIF fund and the forfeiture fund. The community investment fund does not exist as a special revenue fund anymore and has been converted to a construction fund. If everything goes according to plan, the City will not need this budget adjustment next year. Franchot moved, Bremer seconded, to approve the 2010 Special Revenue Funds budget adjustments as outlined in the March 24, 2011, report of the finance director. VOTE: Ayes 5, Nays • Page 21 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. • MAYOR/COUNCIL REPORT Franchot noted the LMCC has commissioned a market survey to determine the residents' level of satisfaction with the various offerings of Mediacom and Qwest. The survey will be used for the discussions surrounding the fiber optic project and renegotiating the franchise agreement, which will happen over the next two and a half to three years. The survey information will be forwarded to Staff in the next week. McMillan requested that survey data be provided to the Council. McMillan noted they have started the turnback of Highway 12 planning process and that a tentative work session has been scheduled for May 9th to discuss this item. Jim Grube, Transportation Consultant with Hennepin County, is ready to get going on the turnback process. Old Highway 12 will be called County Road 112 and be maintained by the county. McMillan noted the open house for the Old Crystal Bay Road reconstruction project is coming up on April 6"'. The plans have not been technically approved at this point. McMillan requested the census information be placed on the City's web site once that is received. McMillan indicated there have also been issues on signage raised regarding Navarre Lanes and other businesses and that she would like to discuss changing some of the City's ordinances on signage during a work session at some point in the future. • Franchot commented that signage discussion is a good idea and that it has been helpful in the past on these issues to get a short white paper outlining the options available and the issues. CITY ATTORNEY'S REPORT 17. MAINTENANCE AGREEMENT Mattick stated based on the motion that was made earlier this evening, the maintenance agreement is still tentatively in play unless the landscaping alternate is not approved. The School District has presented the City with a lawn and landscaping maintenance contract that is one page long and refers to their standard operating procedure of grounds maintenance. If only grass is planted in the median, there will be no need for a maintenance agreement. Mattick indicated he has reviewed the school's proposal, and from a responsibility standpoint, it is in line with what was discussed in the previous agreement. Mattick stated he would like to speak to the School District about adding a severability provision and a liability provision. The responsibilities are basically the same in both agreements. Mattick noted one of the original revisions to the City's agreement was the concept of terminating the contract. Mattick asked if there is a provision in the contract that says they can terminate the contract, does the City Council want to include language that requires the School District to care for the plants for a certain period of time before they can terminate the agreement, such as five or seven years. • Franchot noted Council Member Bremer had indicated the representatives from the School District appeared to be fine with a period of time at the work session. Page 22 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. 17. MAINTENANCE AGREEMENT Continued Mattick indicated the school is proposing a five year period. Franchot noted the one page contract does not have anything about notice to cancel but that basically the one -page contract does what he was expecting them to do. Mattick stated in the City's maintenance agreement under Item 3b he had outlined the specific responsibilities of each party and that the School District's agreement only lists their standard operating procedure. Mattick pointed out their standard operating procedure is a self - adopted policy and can be changed in the future. Mattick indicated he would like it clarified that it is this standard operating procedure that is outlined that would be applicable and not something that is later amended. Mattick stated if the City Council prefers not to go forward with the maintenance agreement, he would need to be informed of that. s Franchot commented that in his view the City should continue to go forward with the agreement and it may or may not be necessary once the bids come in. McMillan stated she would like a period of time that the School District is responsible for maintaining the landscaping. McMillan noted the agreement spells out a period of five years. Bremer indicated she did speak with the School District about this at the work session and that they seemed agreeable with a time period and the evergreen clause. Bremer suggested the term of the maintenance agreement be seven years, which would get them past any establishment period for the landscaping and get the City to a point where all the plants are very well established. Bremer commented the agreement would allow either party to get out of the agreement at some point in the future and that the City would still have the ability to sue the School District for breach of contract if that became necessary. Mattick noted he did include a mediation provision in the original draft but suggested that be left out since the City would still retain the ability to sue at some point in the future if problems arose. Bremer stated she would still like an indemnification and a waiver provision as well as a severability provision. Franchot indicated he would be happy with five or seven years. Bremer noted it would actually be eight years since there is a year notification required. Mattick indicated he will revise the agreement in accordance with tonight's discussion. The City Council took no formal action on this item. *18. LICENSES & PERMITS None • Page 23 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. *19. BILLS Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Franchot seconded, to adjourn the Orono City Council meeting at 9:47 p.m. VOTE: Ayes 5, Nays 0. ATTEST: " /-� �- / U ,, �-, Linda S. Vee, City Clerk J-JIL L—d Lili Tod McMillan, Mayor Page 24 of 24 .7 • •