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HomeMy WebLinkAbout10-24-2011 Council Minutes{ • ROLL CALL MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. The Orono City Council met on the above - mentioned date with the following members present: Mayor Lili Tod McMillan and Council Members Cynthia Bremer, Aaron Printup, and David Rahn. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator of Long -Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, City Attorney Soren Mattick, City Engineer Darren Amundsen, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item No. 11 was 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. COUNCIL WORK SESSION OF OCTOBER 10, 2011 • Bremer moved, Rahn seconded, to approve the minutes of the City Council Work Session of October 10,2011, as submitted. VOTE: Ayes 4; Nays 0. *3. REGULAR COUNCIL MEETING OF OCTOBER 10, 2011 Bremer moved, Rahn seconded, to approve the minutes of the City Council meeting of October 10, 2011, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC HEARING - 7:00 P.M. 4. CERTIFICATION OF DELINQUENT UTILITIES - RESOLUTION NO. 6085 Olson stated each year the City certifies to the county all unpaid annual service charges for the septic program, the unpaid recycling program fees, and all delinquent sewer and water accounts of $50.00 or more. State statutes require the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the county. Notices of the public hearing have been sent to all delinquent properties. Mayor McMillan opened the public hearing at 7:04 p.m. There were no public comments regarding,this item. is Mayor McMillan closed the public hearing at 7:04 p.m. Page 1 of 19 t., MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (4. CERTIFICATION OF DELINQUENT UTILITIES, Continued) Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6085, a Resolution for the Collection of Delinquent 2011 Water and Sewer Utility Service Charges, Recycling Program Fees, On -Site Sewage Treatment (septic) Inspection, Storm Water Charges. VOTE: Ayes 4, Nays 0. 5. CERTIFICATION OF UNPAID SERVICE CHARGES - RESOLUTION NO. 6086 Olson stated each year the City certifies to the County unpaid service charges to be collected with the following year's taxes. Olson stated the total unpaid service charges are approximately $3,600. State statutes require the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. Mayor McMillan opened the public hearing at 7:05 p.m. There were no public comments regarding this item. Mayor McMillan closed the public hearing at 7:05 p.m. Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6086, a Resolution for the Collection of Delinquent Development and General Service Bills. VOTE: Ayes 4, Nays 0. .6. CERTIFICATION OF CHARGES - WETLAND VIOLATION - RESOLUTION NO. 6087 Olson stated an agreement has been reached with the property owner at 559 Russell Avenue regarding the City clean up of a wetland violation. The property owner will reimburse the City for the cost of the disposal of the materials removed from the wetland. These costs will be collected as a special assessment against the property. Mayor McMillan opened the public hearing at 7:07 p.m. There were no public comments regarding this item. Mayor McMillan closed the public hearing at 7:07 p.m. Bremer noted the amount of the assessment is $939.00. Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6087, a Resolution for the Collection of the Disposal Costs Associated with the Clean -up of a Wetland Violation. VOTE: Ayes 4, Nays 0. *7. CERTIFICATION OF HAZARDOUS BUILDING COSTS (PUBLIC HEARING NOT REQUIRED) - RESOLUTION NO. 6088 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6088, a Resolution for the Certification of Costs Related to the Removal of the Hazardous Building Located at 200 Hollander Road. VOTE: Ayes 4, Nays 0. Page 2 of 19 . - JV n U • U •� 1 Y MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 • 7:00 o'clock p.m. PRESENTATION 8. CRYSTAL BAY ROAD SPEED BUMPS Loftus stated in March, the City Council approved the purchase and installation of three temporary speed humps on Crystal Bay Road with the understanding that this is an experimental project. In April the City purchased the materials for temporary speed humps costing approximately $4,000. The public works department installed the speed humps in mid May.. Over the past five months the City has received no complaints and had one repair. In general, Staff believes the temporary speed humps have held up pretty well this first season. The speed humps will be removed at the end of October before the first snow. Public works would reinstall the humps next year in April/May. The Crystal Bay Road neighborhood has received notice of the meeting and might be attending tonight to provide input. In addition, the Mayor received an e-mail from Sean Foy requesting the speed humps be a bit higher so they work when vehicles are going fast and he is also requesting two or three additional . humps in between the current one. Public Works would prefer not to raise the speed humps because it would increase the likelihood of them being torn off or damaged by vehicles and trailers. Public Works does have the materials to add one more speed hump if the location can be agreed upon. The City Engineer originally recommended four speed hump locations. Staff still recommends the same locations. If the City cannot receive approval from the adjacent homeowners at the recommended location, the City Engineer offered the following guidelines for locating the humps: 250 feet to 600 feet for spacing, • locating them at least 200 feet from corners and intersections, putting them on property lines, away from utilities, and at least 10 feet away from driveways. Loftus noted she has received a few a -mails from some of the residents indicating they would like another speed hump added in between the first two speed humps. Mayor McMillan opened the meeting for public comment at 7:10 p.m. Ann O'Riley, 3349 Crystal Bay Road, thanked the City Council for approving the speed humps. The one problem that has been observed is that motorists tend to speed up after they hit the first speed hump since they do not see another one. The residents would like the Council to consider a fourth speed hump at 3375 Crystal Bay Road. The curve makes it difficult to see the speed hump and motorists tend to speed up after they hit the speed hump at 3355. The property owners at 3375 and 3355 Crystal Bay Road have indicated they would be willing to have a speed hump installed in front of their home. O'Riley indicated it would make more sense to install it at 3375 Crystal Bay Road. In addition, the neighbors who had expressed some concern regarding noise have found that the noise is really not an issue. Sean Foy, 3345 Crystal Bay Road, thanked the City Council for approving the speed humps and added that it has reduced the amount of traffic on the roadway quite a bit. The residents are interested in a fourth one if the Council would be willing to approve an additional speed hump. Mayor McMillan closed the public comment portion at 7:13 p.m. Printup asked why the one speed hump had to be repaired. is Foy indicated it was due to a bad storm. Page 3 of 19 AI NUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. • (8. CRYSTAL BAY ROAD SPEED BUMPS, Continued) Loftus stated a City vehicle or trailer also hit a speed hump and caused some minor damage, which was repaired by the Public Works Department. McMillan commented the City Council is glad the speed humps have worked out well for the residents. Loftus asked whether Staff should contact the other residents regarding the location of the fourth speed hump or whether they should have the Public Works Department install it in the recommended location. Rahn commented the location recommended by the City Engineer seems logical since there is a big space between those two locations. Loftus indicated they did receive one e-mail expressing that same concern and that the City Engineer feels it should be installed at that location. Loftus indicated initially those property owners had indicated they were not interested in a speed hump in front of their house. Foy noted the majority of those properties are set back from the road quite a bit and that the other homes are located closer to the road. Printup commented it appears that the majority of the City Council is in favor of adding a fourth speed hump. Mayor McMillan concurred, and requested Staff to check with the residents on the location of the fourth is speed hump. The City Council took no formal action on this item. 9. MINNERAHA CREEK WATERSHED DISTRICT (MCWD) PRESENTATION Eric Evenson, Administrator for the Minnehaha Creek Watershed District, addressed the City Council regarding aquatic invasive species or AIS. Evenson stated the MCWD is looking for input from the lake communities on a new proposal to develop a long -term plan for dealing with the problem and the impacts AIS has on the quality of the lake. The cost of dealing with AIS is higher once the issue is in the system than it is to prevent it. Zebra mussels have been in Lake Minnetonka for a couple of years now. One lake service provider has indicated he is contemplating charging $500 to take a dock out of the lake, scrape it, and spray it down. The MCWD is also considering painting the dam to keep the zebra mussels off of it and to coat the intakes to keep the fire intakes from plugging up with zebra mussels. The cost has been estimated to be in the area of $500 to $1000 per homeowner simply to deal with the zebra mussels and does not include the costs to deal with other AIS. There are approximately 10,000 docks on Lake Minnetonka, which would result in approximately a $5 million price tag to deal with those docks. Evenson reiterated that it is cheaper to prevent it than it is to deal with it once it is in the system. Lake Minnetonka is also considered a super spreader since it is the most heavily used lake in Minnesota. The MCWD anticipates that the zebra mussels will spread to Long Lake, Christmas Lake, Lake • Independence, Medicine Lake, Lake Calhoun, etc. Evenson stated since zebra mussels are already in Page 4 of 19 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (9. MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) PRESENTATION, Continued) Lake Minnetonka, there is not much they can do about it at this point in time but that they would like to focus their efforts on preventing it from being spread to the other lakes. The MCWD has been dealing with zebra mussels as well as milfoil, carp, flowering rush and other AIS, which are spreading. The MCWD is conducting an experiment this year to see whether flowering rush can be removed by hand since it is not too wide spread at this point. Spiny waterflea is also an issue in some lakes. Hydrilla is another AIS that could become a problem. Hydrilla is actually worse than milfoil and will eventually be coming to Lake Minnetonka. Evenson stated while Lake Minnetonka is important to protect, the Minnehaha Creek Watershed District also has 128 other lakes that they serve. Evenson indicated the MCWD would like to get the input of the City Council on whether the MCWD should be involved in attempting to eradicate AIS from Lake Minnetonka. The effort to deal with AIS will need to be on a long -term basis and will be expensive. The MCWD sees this as a responsibility of the state and the DNR, but the MCWD does not feel the state is allocating adequate resources to deal with the problem at this time nor will they in the future. The state's efforts at the present time are focused on a penalty program and education of the general public. Unfortunately aquatic invasive species are spreading and is expected to increase in the lakes where it is already present. Evenson stated a question has been raised whether the MCWD has the legal authority to deal with AIS, and the answer is, yes, we do. The MCWD has been dealing with carp, has conducted research on a curly loosestrife beetle program, curly leaf pond weed eradication, contributed to LMCD's boat inspection • program, hosted AIS training for police officers, monitored for zebra mussels, and has been working with the DNR on a program during the summer to educate the public on zebra mussels and the movement of AIS. • Currently the MCWD has been working with three lake associations on a pilot inspection program, which is kind of a grass roots effort. The MCWD has been hearing from constituents that they are concerned that not enough is being done on a state level and that they would like to see additional boat inspections. The MCWD is looking at a different option for inspections that would require a boat owner to punch in a code signifying that their boat has been inspected, which would be a more economically viable option than having an inspector assigned to each lake. Evenson stated the MCWD Board has also authorized him to look into a pilot utilizing RFID tags, which could be used in lieu of gates. In addition, the MCWD is moving forward with a major plan amendment. Approximately one year ago the MCWD sent out a minor plan amendment and the Board of Water & Soil Resources sent it back and said it was a major amendment, which put the amendment on hold. The MCWD would like to talk with the lake communities prior to implementing that amendment and get their input. The MCWD would like to try and define the issues and then get the state agencies to concur or not concur. The MCWD has also attempted to get an opinion from the Attorney General's Office but they have been reluctant to issue one on the MCWD's regulatory power. Evenson reiterated the MCWD would like to obtain input from the lake communities on whether they would like the MCWD to move forward on the plan amendment or whether it should be left up to the state to deal with AIS. Due to the extent of the AIS problems, the MCWD will also need the help of the DNR and the LMCD. Page 5 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (9. MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) PRESENTATION, Continued) Evenson noted at the end of August the Board authorized him to hire an AIS specialist to compile a comprehensive management plan and has been speaking with a number of different agencies to see what type of cooperation they will have in dealing with AIS. Evenson stated with this comprehensive management plan, the MCWD is not taking over the role of the LMCD and that it is not any kind of an effort to advance anyone's agenda. Evenson stated you cannot eradicate milfoil and other AIS but could work to manage the spread and growth of the aquatic invasive species on the 128 lakes that they oversee. Rahn commented it is kind of a Catch 22 and that he would like to know what the exact plan is prior to committing to anything long term. Rahn asked what type of funding stream the MCWD is contemplating. Evenson stated that watershed laws allow a number of ways to fund things. On an ad valorem basis, everyone in the watershed district pays a little bit. $280,000 is the average price of a home in the area, which would result in approximately $3 per home and would raise $1 million. The MCWD could also do it through special taxing districts based on hydrologic boundaries or taxing on a city boundary basis. Evenson concurred that it is a Catch 22 and that it will cost a lot of time and money to put the plan together. Once the MCWD starts down that path, there will be expectations that the plan will be implemented. Evenson stated this is the beginning of the planning process but that AIS is a big problem and unfortunately the state is not stepping up to the plate. Rahn noted if a plan is implemented, it would likely require a different approach to each lake. • Evenson stated he would suspect that the plan will focus on efforts to prevent AIS from getting into some • of the other lakes. Since Lake Minnetonka already has zebra mussels, the focus would be to protect the quality of the lake and avoid zebra mussels from being introduced to other lakes. Bremer asked if it is unrealistic to say that the MCWD knows for sure that the other lakes do not already have zebra mussels. Evenson indicated they have been monitoring those lakes and have also monitored Lake Minnetonka over the years, which led to the discovery of them. The MCWD does not know for a fact that they are not in other lakes but they do feel it is a possibility that they exist in other lakes. Bremer stated a sampling often consists of only a small area and that she is not sure of the amount of data that the MCWD has given the limited monitoring going on. Bremer indicated she would question that initial premises since this undertaking is supposing that the other lakes do not have zebra mussels. Bremer indicated she would rather have the MCWD take into consideration that there are other parts of Lake Minnetonka that should not be written off since 100 percent of the lake does not have zebra mussels. Bremer noted a number of cities have passed resolutions of support to varying degrees and asked why there is varying support and why the MCWD needs the support of the lake communities. Bremer asked what the impact would be if the City of Orono does not pass a resolution and what cities the MCWD has approached where they have received no resolution of support. Evenson stated the MCWD should not write off Lake Minnetonka but that it is likely the entire lake will become infested at some point. The zebra mussels will get into the channel eventually and some bays are • not infested as much as others. The worst infestations of zebra mussels are in Wayzata Bay and Grays Page 6 of 19 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (9. MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) PRESENTATION, Continued) Bay. The MCWD does have a chance to do some controls on Lake Minnetonka and the other lakes and there is some research that is promising that they would like to try in some of the smaller lakes. Evenson stated in the past the MCWD has gone ahead and done different things without first getting the input from the lake communities and received some negative feedback regarding that. Due to that negative feedback, the MCWD is taking a new direction and asking for more input from lake communities. Evenson reiterated that the MCWD cannot get involved in this plan and then walk away from it. It will need to be a long -term commitment. Cities have a unique set of regulations, and if the MCWD can combine forces with the cities and other government agencies, it will be more effective in controlling the spread of AIS. Evenson indicated he has spoken to other communities that are supportive and that he has not talked to any city that has simply said no to the proposal. The City of Medina has not commented on it. The City of Minnetonka has said that the MCWD is there to make tough decisions. Evenson indicated he will be talking to Wayzata, Minnetrista, and Deephaven. Orono has a considerable amount of lakeshore and carries a significant weight with the Watershed District. The MCWD is very interested in hearing what Orono thinks about an AIS program. McMillan asked if the MCWD wants to make this investment into the management plan without some type of regulatory outcome. Evenson stated that is not necessarily the case and that the MCWD does feel some form of regulation is needed. Evenson stated education is important, capital projects are important, research is important and regulation is important. Evenson indicated it could be that regulation could be delegated to other agencies or their regulation authority could be delegated to the MCWD. McMillan commented she gets a little nervous when regulation is discussed and that it is a complicated situation given the number of lakes. McMillan stated when the MCWD talks about regulations, it results in leapfrogging from studying the situation to regulating the situation. Evenson stated that is a point that is well taken. Printup stated one concern is boats transferring AIS and asked whether waterfowl also transfers AIS. Evenson indicated the Army Corps of Engineers did a study and found that waterfowl do not transfer AIS. The only lakes that have zebra mussels have boat access. The primary method of transfer is from weeds on boats that harbor the zebra mussels. Mayor McMillan opened the meeting for public comment. Gabriel Jabbour stated as long as he has resided in this area, they have had different problems with weeds and AIS on Lake Minnetonka. Jabbour indicated he is fond of the work the MCWD does but that he generally ends up being frustrated at how the different government agencies were acting. Jabbour commented they need to figure out a way to work on this collectively. • Jabbour stated he is glad the MCWD is asking for input from the various lake communities and that he has no doubt the MCWD has the authority to mitigate the damage but that they do not have the authority Page 7 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (9. MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) PRESENTATION, Continued) to regulate it. Jabbour stated the MCWD is concentrating on zebra mussels but that in his view water fowl can transfer milfoil. Jabbour stated when zebra mussels were found in Lake Minnetonka, they held an emergency meeting and that he encouraged the MCWD to not allow budget or financial restrictions to limit what can be done. At that time it was thought that if the zebra mussel problem was isolated to a certain part of the lake, that it could be treated with copper sulfate, which was not done. Jabbour stated unfortunately a brief presentation does not give the Council a very good idea of the magnitude of the issues. There was also a discussion about closing the Narrows and Lord Fletchers and how to keep the upper lake separate from the lower lake. Jabbour reiterated that the City Council is not privileged to all of this information and that it is a very complex issue. The LMCD and White Bear Lake have very unique authority as conservation districts because the state has given them unlimited jurisdiction over surface water. What the LMCD has been doing is probably not satisfactory since we always want them to do more. The DNR also has a number of great employees and has done a great deal with educating the service providers around the lake. C] Jabbour stated this summer some legislation was introduced to increase the fines but it did not go anywhere. They also attempted to allow the local cities to retain the money raised by fines so there would be an incentive to issue tickets. The Watershed District also offered to train police officers but got very • little response from the police departments. Jabbour commented it is very difficult to get people up to speed with all the information and that his biggest concern is that the City will have a number of people asking the Council to get rid of all the milfoil in the lake and not focus on the other issues. Jabbour stated in his opinion the LMCD has not done the job they should have done and that he would like to see a hybrid between the LMCD and the DNR. The City needs to understand the type of authority an agency has before the City backs it. Jabbour stated in his opinion the MCWD will have a difficult time with the ramps. Jabbour commented there is a substantial amount of infrastructure already in place that could be utilized. Rahn commented that just focusing on the ramps will not solve the problem but that there is a substantial amount of ramps. Jabbour noted that Orono has 35 percent of the lakeshore around Lake Minnetonka and share a lake with a number of other cities. Many of those cities would like the MCWD to take over their regulatory authority of their lakeshore and the lake. There was no further public comment. McMillan noted the LMCD has had an AIS task force since the 1990s, and that they also experience financial and time constraints. McMillan stated in her view the Watershed Creek could take over some of the functions of the LMCD as it relates to AIS, which could be something they could discuss in the future. • McMillan suggested the MCWD work with the DNR and the LMCD on what could possibly be done as Page 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (9. MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) PRESENTATION, Continued) far as regulation or pilot programs. McMillan noted Orono Staff has had some issues responding to the regulations and that is a concern for cities. Bremer stated regulation needs to be taken very seriously. Bremer indicated she did read the other resolutions and that her thinking is similar to Minnetonka's, which is being supportive of the charge of the MCWD but that she does not want to take a myopic view of supporting only one organization. Bremer indicated she would rather the governing agencies get together and come up with some solution. The City of Orono supports clear water quality, does not want invasive species, and is supportive of the LMCD. Bremer stated before she can approve any resolution, she would need to know what the resolution says and how detailed it needs to be. Andrew McDermott stated the LMCD is wrestling with some of the same concerns expressed by the City Council and that the LMCD is not sure of the direction the MCWD is going to go on this issue. There are a number of draft documents out there from the MCWD that talk about taxing and fees, which made the LMCD nervous. McDermott noted the LMCD does support the aquatic and invasive species expert and the Board will be discussing on Wednesday what type of resolution or letter of support should be issued to the Watershed District. The LMCD also definitely believes there should be a comprehensive aquatic invasive species plan but that is as far as the LMCD would support it at this time until there is a more definite plan. McDermott indicated the LMCD is willing to work with the Watershed District. }• . . Printup commented he is not comfortable drafting or approving a resolution at this point until they see what is in the plan. If the City Council would like to do a resolution at some point, he would suggest that perhaps the language be more generic and asking the MCWD to bring the state in and lobby the attorney general's office, which would be more proactive. Rahn stated it is difficult to move forward without a plan and that it is a Catch 22 for Eric Evenson to come before the cities asking for their support without a plan. Bremer stated she does not have as much of a concern with not having all the details but that it is rather not having any appreciation for the philosophy or legality behind the plan. Bremer stated in her view Orono does have a strong voice in the LMCD and strong representation and that she feels that the LMCD organization at a minimum should be involved on behalf of Orono. If it was a separate issue from the LMCD and looking at different lakes within the City of Orono, that would be a different question, but at this point the City does not know enough about the legality of what the MCWD would like to do. Bremer commented she does have a concern with some of the regulations that the MCWD is proposing. In addition, the DNR is a very powerful organization and the City cannot just ignore it and say it is not effective. The DNR has to be part of the discussion. Bremer commented she does not want the MCWD to lose steam on this issue and feel the efforts they are taking to help this wonderful resource should be lauded. Bremer stated in her view she does not know whether a resolution from the City Council supporting something undefined is the right way to go and that she would recommend that the City Council have an opportunity to review some draft language of a • resolution and the other resolutions passed by some of the other cities. Bremer asked what kind of timing the MCWD is looking at. Page 9 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (9. MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) PRESENTATION, Continued) Evenson stated the Board has requested he report back at the end of November. Jabbour stated it is important the Council understand that the DNR has been working very hard on Lake Minnetonka and they have managed to bring in a couple of people from the Corps of Engineers to deal with some of these issues. McDermott indicated he is in agreement with that but that there are 10,000 lakes within the state and the DNR has to spread their resources around. McMillan stated another issue is whether AIS management is even effective and should be studied further. McMillan commented she would have liked to have started a program 15 years ago before some of the AIS spread. If a comprehensive AIS management plan is done, there will be an educational benefit derived from it. The LMCD has discussed a vegetation management plan but they do not have the funding for that program, which could perhaps be something the MCWD could handle. Z McMillan commented there are a number of things that could be done and that she would like to look at some different options that could perhaps be included in a resolution. Mattick stated he has not seen this issue beyond Orono but that there is no doubt the MCWD has certain powers and that it is a matter of how far that power extends. The MCWD could perhaps seek special legislation to clarify their role but that he is not sure at this point what the plan is on that. Mattick stated they could study it, figure out what the issues are, and then regulate it. If you do not take some steps to implement a plan, which is likely going to be some type of regulation, it does no good. Mattick stated the MCWD should come forward with some ideas or solutions on how to deal with the issues. Mattick stated it sounds like the City Council supports the investigation and the hiring of the expert to study the issues and then coming up with a plan on how to coordinate the different mechanisms. Evenson stated the Orono Council is struggling with a lot of the same issues that the MCWD has struggled with. What the MCWD is asking for at this time is whether the City would like the MCWD to undertake the planning process. The City will have a chance to participate in this process along with the LMCD, the DNR, sportsman's groups and other entities. The MCWD cannot do it on their own, but they are willing to take on this challenge after hearing from the lake communities. McMillan indicated the City Council will discuss this further and get back to the MCWD. The City Council took no formal action on this item. PLANNING COMMISSION COMMENTS - LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None Page 10 of 19 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT 10. #11 -3526 3515 CAPITAL PARTNERS, LLC, 1545 MAPLE PLACE - PRELIMINARY PLAT — RESOLUTION NO. 6089 Curtis stated on Monday, October 10'h the City Council reviewed this application to combine and plat the existing six individual vacant lots south of 1545 Maple Place into three lots. The applicant and their engineer have met with representatives from the MCWD. The determination was made that the project will not be subject to regulation under the District's Stormwater Management rule. An MCWD permit is necessary for erosion control for disturbances which exceed 5,000 square feet or 50 cubic yards of excavation or stockpiling. The applicant is currently working with the City Engineer to finalize the proposed storm water facilities for the regional drainage and for the property. The applicant has agreed to conduct the grading work to create the storage swale on their property at their expense to accommodate the regional storm water levels. The additional off -site work can be performed by the City's Public Works staff at a reasonable cost to the City. The money to fund this project would come from the Stormwater Fund. The final details regarding storm water pond sizing and design will be completed prior to final plat approval. The necessary easements will be granted by the applicant and reflected on the plat. Staff recommends approval of the preliminary plat approval resolution based on the requirements in the state statute regarding lot area and width, contingent on reaching a mutually beneficial resolution to the • storm water issues. It is the applicant's current plan that a final plat application will be before the Council at the November 14'' meeting. Due to approaching winter weather conditions and timing of final approvals, Staff recommends Public Works and the City Engineer begin the planning process for the storm water improvements to be as prepared as possible when the applicant receives approval and can begin their site work. The preliminary work includes surveying and investigative work, right -of -way analysis, application for MCWD permits and development of plans. McMillan asked where the offsite storm water work would occur and whether it is on city -owned property. Curtis indicated it would be within the City's right -of -way. They need to add a culvert, some additional pipes, and enlarge them to discharge to Sandy Beach, where there is currently a stormwater discharge location. Amundsen stated due to the amount of water that flows to this property, they need to ensure that the water can leave the property once the homes are constructed. This project is part of the comprehensive storm water management plan and is identified as a project. Staff is working with the applicant on how homes can be constructed in this area and how to create or facilitate regional drainage. The offsite pipe work will guarantee proper drainage. McMillan asked if the applicant's storm water fee would cover the cost of the work. Amundsen indicated a lot of the design work is based on where the existing utilities are and further survey work is required. The Public Works Department will be able to do the installation of the infrastructure so Page 11 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (10. #11 -3526 3515 CAPITAL PARTNERS, LLC, 1545 MAPLE PLACE, Continued) bids will not be required. A rough estimate of the costs would be $20,000 for the materials, which may be high, and around $4,500 to $5,000 for the survey /preliminary plans and coordination with utilities. Curtis noted the fee collected from this development would be $6,100. Rahn asked if the fee has already been paid. Curtis indicated it would be paid at the time of final plat. Rahn stated he is opposed to the City conducting any work on this property until the fee is paid. Curtis indicated at some point in the future the City's storm water plan indicates that a project will take place there. Rahn commented the City will be putting themselves at risk if they do this work without the fee being paid. Bremer stated the Council is presuming final plat work is completed. Bremer asked whether the City could require the fee be paid up front. • Mattick stated the City has a history of collecting all fees at the time of final plat but that an escrow • agreement could be entered into requiring the payment of the fees. Rahn commented he is not sure why tfie City.should be rushed to do this portion of the work. Curtis stated the applicant would like to start with construction of the homes once the final plat is approved and that it would be difficult for the City to conduct this work in the winter. Printup indicated he would like to see the final details of the storm water design prior to final plat approval. The City needs to get all the ducks in a row for final plat approval and that he does not see a rush to do the work. Curtis asked if Council Member Printup is asking to see the design for the storm water swale on the applicant's site prior to granting preliminary plat approval. Printup noted Staff s report states that final details regarding storm water pond sizing and design will be completed prior to plat approval. Printup indicated he would like to see that to ensure the drainage works on the site. Printup stated he does not want to see City Staff or the engineers spending any time or money on this before final plat. Bremer pointed out that once preliminary plat is approved, there is minimal work required to get to final plat. Bremer indicated this issue can be resolved with an escrow agreement and that in her view that is a good solution. Bremer noted the City has entered into escrow agreements a number of times in the past. Rahn stated he was wondering whether there was an escrow and that he would like to see some money paid up front prior to the City performing any work. Rahn stated page four of seven of the resolution Page 12 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 • 7:00 o'clock p.m. (10. #I1 -3526 3515 CAPITAL PARTNERS, LLC, 1545 MAPLE PLACE, Continued) indicates that final plat approval will not be granted until the MCWD has approved its storm water management plan. Earlier Staff had indicated there will not be a storm water management plan. Curtis indicated that is standard language in a resolution and that the applicant needs to supply the City with notification that no permits are required or that approval has been received from the MCWD. Curtis stated to her recollection, notice has been received. McMillan asked whether the building sites would be impacted if the storm water management plan changed. Curtis stated the intent from Staff's perspective is that it would not, and if it did change it, it would be brought back before the Council. Curtis indicated there could be some minor change in width or depth or location of the pond but that it would not affect the building locations. McMillan stated her understanding of preliminary plat approval is that the City is approving everything and that she is not sure why that hasn't been figured out. Amundsen stated generally the applicants have been very good to work with and agreeable to sizing the pond accordingly. Amundsen indicated this is kind of a dual purpose pond and allows the applicant to build houses there and it also allows the City to implement something in their storm water plan. Staff is at 41 the point where the City, as a regional facility, is attempting to develop a practical outlot to the ponding area. At this point the City needs to make sure the pipes can be put in the ground because the elevations are in question as well as the number of pipes required. McMillan asked whether this would increase the City's capacity. Amundsen stated if the City continues on its current path of development, the next step would be to figure out a practical way to put an outlot into this pond. Bremer asked if that is the engineering work that needs to be done. Amundsen indicated it is and that it would basically take the regional water from the pond to Lake Minnetonka. Rahn asked whether the work would be performed in the right -of -way or on the applicant's property. Amundsen indicated it would ideally be within the right -of -way but that would be determined from the design and the survey information. Rahn stated he would recommend the City require an escrow prior to any work being performed by the City. Rahn asked if the property is being sold or whether the applicant is developing the property. Jerry Sather, Applicant, stated they are purchasing and developing the site. Rahn asked whether it is his intention to obtain building permits this fall. • Sather stated they would like to obtain two permits this fall. Page 13 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 . 7:00 o'clock p.m. (10. #I1 -3526 3515 CAPITAL PARTNERS, LL C, 1545 MAPLE PLACE, Continued) Rahn stated as long as there is an escrow required, he would not be opposed to the work being performed by the City. Bremer asked whether the applicant is fine with an escrow. Sather indicated he is. McMillan asked whether there needs to be any language in the resolution regarding the buildings located on the property line. Curtis indicated she could add language to that effect if it is not already included in the resolution. Curtis indicated Staffs concern relates to the buildings that cross the property line and that those should be removed. Curtis asked whether those buildings could be removed prior to final plat approval. Sather indicated they cannot remove them since they do not yet own the property. • Mattick stated the City has done similar agreements like this in the past and that there are provisions that can be included in the resolution stating the applicant is required to escrow a certain amount of money and to remove the buildings within a year of final plat agreement or the City has the right to come in and . remove them. Once the buildings are torn down, the escrow would be refunded. Bremer commented in her view that is a good resolution. Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6089, a Resolution Approving a Preliminary Plat for the Following Properties/PIDS: 08- 117 -23 -33 -0030; 08- 117 -23 -33 -0031; 08- 117 -23 -33 -0032; 08- 117 -23 -33 -0033; 08- 117 -23 -33 -0034; and 08- 117 -23 -33 -0035, subject to, one, the applicant providing an escrow for the engineering fees and/or the storm water fees in the amount of $6,100, to be paid up front as required under the agreement to be drafted by the City's Counsel; and, two, subject to an agreement that the structures that straddle the property line will be removed within a specified period of time as identified in the agreement, and if not removed, the City has the power to remove those buildings with the costs incurred by the City being levied against the applicant and the escrow retained by the city. VOTE: Ayes 4, Nays 0. *11. RECOGNITION OF PLANNING COMMISSIONER HUE ALEXANDER - RESOLUTION NO. 6090 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6090, a Resolution of Appreciation to Hue Alexander for Dedicated Service to the City of Orono. VOTE: Ayes 4, Nays 0. 12. HARDCOVER REGULATIONS PROJECT UPDATE - SET JOINT PC /COUNCIL WORK SESSION DATE Curtis stated possible dates being contemplated are November 2nd or November 7U' for the joint Planning • Commission/City Council work session. Page 14 of 19 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (12. HARDCOVER REGULATIONS PROJECT UPDATE - SET JOINT PC /COUNCIL WORK SESSIONDATE, Continued) Printup noted he is not available November 2 °d Rahn noted Wednesday nights do not work for him. Rahn commented the joint work session could also be done at a City Council work session following the first of the year. Bremer indicated she is fine with January. It was the consensus of the City Council to tentatively schedule a joint Planning Commission/City Council work session to review the proposed hardcover ordinance language for either the first or second council work session in January, commencing at 5:00 p.m. CITY ENGINEER'S REPORT 13. OLD CRYSTAL BAY ROAD OVERLAY Amundsen noted the City Council provided direction to mill and overlay Old Crystal Bay Road at its October 10"' meeting. City Staff discussed the pavement design issues related to this project with MnDOT State Aid a number of times. Amundsen indicated they have been given a verbal commitment • that Orono may use State Aid funds for this project. The estimated project cost is $151,000. To provide a more feasible pavement section, Amundsen stated he would propose a slight alteration in the project approach. The overall roadway milling would be eliminated and the roadway would be leveled with a thin layer of bituminous followed by a 1.5 inch overlay. This would leave the road with 5.5 inches of bituminous and something much closer to a 7 -ton design. Since the road edges would be higher, a small amount of shouldering work would be necessary. Amundsen noted these revisions do not affect the cost estimate. Amundsen indicated funding for the project would be provided by the State Aid bonds intended for the original Old Crystal Bay Road project. Printup asked who came up with the alternative. Amundsen stated the project does not qualify 100 percent for state aid but that the state has indicated they will work with the City on this as a maintenance project. Amundsen stated that MnDOT State Aid had expressed some concern about milling and damaging the roadway, which was the reason for the change. Printup moved, Rahn seconded, to authorize Staff to prepare state aid plans and specifications with the intent of using the current State Aid bonds as project funding. VOTE: Ayes 3, Nays 1, Bremer opposed. 14. ORONO ORCHARD ROAD FEASIBILITY REPORT Amundsen reported a neighborhood meeting was held last week on the Orono Orchard Road project. The • three major concerns expressed by the residents were road width, striping, and the addition of a trail. Generally speaking, everyone was in favor of the project. Page 15 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. • (14. ORONO ORCHARD ROAD FEASIBILITYREPORT, Continued) Currently the road width is 22 to 23 feet wide and the intent is to reconstruct it to the same width. The narrow width helps to keep the speeds down and doesn't trigger storm water regulations from the Minnehaha Storm Water. As it relates to striping, traffic levels on the road probably do not require striping and currently the road is not striped. As it relates to the trail, there was a fairly strong push for a trail along the roadway. The people that were in favor of the trail did not live directly on the roadway and would not be directly impacted by a trail. A trail along this stretch of roadway was not included in the City's comprehensive trail plan. A trail connection between the Luce Line Trail and Dakota Rail Trail would be located on Brown Road. With the Luce Line Trail going over Orono Orchard Road, there are also some trail access issues that would need to be resolved. McMillan commented in her opinion there is not enough room for a safe trail. McMillan commented in order to construct a trail on the western half of the right -of -way, acquisition of private property would likely be necessary. +} Amundsen stated there really is no room for a trail and access would also be an issue. McMillan noted one of the golf course's greens is also located very close to the roadway and it would be hard to fit a trail in that area. Rahn asked whether it would make sense to stripe the road in the area of the curve. • Amundsen stated in this situation striping could be optional and it is something they could look at when more detailed plans are designed. McMillan commented she likes the rural look of an unstriped road. Rahn stated putting a stripe down the middle does change the appearance of the road but that he has a concern about people crossing the center line as they maneuver the curve. Bremer commented in her view a limited stripe in the area of the curve would not change the rural appearance of the roadway and that it might help with safety. (Recess taken from 9:00 p.m. to 9:07 p.m.) Bremer moved, Rahn seconded, to direct Staff to draft plans and specifications consistent with the original report. Bremer encouraged the City Engineer to contemplate striping between the Highway 15 and Fox Street. VOTE: Ayes 4, Nays 0. Page 16 of 19 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Printup stated there is another marrow registry and blood drive being held on behalf of Owen for Friday, November 4th from 8:00 a.m. to 4:00 p.m. There will also be a blood drive location at the high school from 8:00 a.m. to 2:00 p.m. on November 4th. Printup noted the Long Lake Art Crawl is scheduled for this weekend at the Golf Dome. The Long Lake Area of Chamber, the Long lake Fire Department and other area businesses will be having a safe trick or treat on Saturday. McMillan noted the Lurton Park Dedication is scheduled for this Saturday at 10:00 a.m. CITY ADMINISTRATOR'S REPORT 15. PUBLIC WORKS DIRECTOR - CITYENGINEER - RESOLUTION NO. 6091 Loftus stated a draft job description has been provided to the City Council for their review along with a proposed timeline for moving forward with the public works /city engineer position. Rahn noted on Page 2, under parks, Orono does not have a Parks Commission and asked whether that language should be amended to say as needed. • McMillan noted the City Council will be revisiting the Parks Commission in the future but that the language could read as needed in the meantime. Rahn asked whether the language, other duties as assigned, should be included at the end. Loftus noted language to that effect is contained on Page 1 referencing special projects but that it could be changed to other duties. Mattick stated the other duties as assigned would be broader. Rahn moved, Bremer seconded, to amend the Supervisory /Administrative Salary Schedule to add the Public Works Director -City Engineer position at Level 8 and to approve the position for advertisement and to reflect the changes as discussed. McMillan asked whether the deadline schedule should be pushed up to December 1". Mattick asked what publications the notice would be placed in. Loftus stated it would be placed on the League's website and the City's website. Loftus indicated if the City Council reviews them in mid December, it is not likely they will be able to schedule the interviews in late December given the holidays and that the extra time to apply might be helpful. It was the consensus of the City Council to leave the time line as denoted. • VOTE: Ayes 4, Nays 0. Page 17 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. • 16. YEAR -TO -DATE GENERAL FUND BUDGET INFORMATION Olson noted the City is at 75 percent of the year and revenues are currently at 61.7 percent of budget. When the timing of property tax payments is accounted for, the City is at 79 percent of budget. Expenditures are currently at 72.1 percent of budget. Olson noted the City got a very late start with the golf course this year due to the weather and as a result the golf course is significantly under budget. Olson stated he anticipates that the budget should be right around 100 percent of its budgeted overall revenue by the end of the year. As it relates to expenditures, engineering will be at 100 percent of budgeted levels. The City has been over budget for engineering in the past. The golf course is also estimated to be pretty much at 100 percent of expenditures. The golf course has a number of costs that are static, such as electricity, maintenance, and employees. The mayor and council budget item for 2011 did not include the correct amount of dues for the League of MN Cities membership, which has been corrected for 2012. Law and legal services is over budget due to ongoing litigation and code enforcement issues. Olson stated the special services item are the pass - through engineering and legal bills. Along with the • building permit revenue increases, there has been more activity for engineering and legal services. That item is over budget on the expenditure side and $8,000 over on the revenue side. The City will also be over budget at the end of the year on parks by approximately $9,000. $7,200 of that is related to Big Island Park because installation of the dock was not budgeted for in 2011. There was also a huge tree that fell that had to be removed at a cost of $2,000. Olson stated overall the general fund budget will come in under budget for the year. In December Staff will be able to provide the Council with budget amendments and the over budget items will be paid for out of the contingency fund. Olson stated he does not anticipate the Council will deplete the contingency fund. The City Council took no formal action on this item. 17. DISPOSAL OF BICYCLES Printup asked whether the City can just donate the bikes rather than sending them out to K -Bid. Printup commented he is sure K -Bid receives a fee for placing them on auction. Mattick asked what organization Council Member Printup is contemplating donating the bikes to. Printup indicated he does not have a specific organization in mind at this time. Mattick stated the Council may run into problems once they start donating items or money to certain • causes. Mattick noted the City has limited ability to donate to private organizations. Page 18 of 19 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. (17. DISPOSAL OF BICYCLES, Continued) Bremer asked if this information is available on the City's website. Loftus stated they do not post that information until the bikes are up for auction. Printup moved, Rahn seconded, to approve the disposal of the bicycles to K -Bid located in Maple Plain. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. *18. LICENSES & PERMITS None * 19. BILLS Bremer moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, • Nays 0. 0 ADJOURNMENT Printup moved, Rahn seconded, to adjourn the Orono City Council meeting at 9:24 p.m. VOTE: Ayes 4, Nays 0. ATTEST: 6.le-- Lmda S. Vee, City Clerk Lili Tod McMillan, Mayor Page 19 of 19