HomeMy WebLinkAbout12-12-2011 Council MinutesROLL CALL
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 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, Doug Franchot, Aaron Printup, and David
Rahn. Representing Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director
Ron Olson, 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 Nos. 7, 10, 14, 15, 18, 21, 22, 23, 24, and 25 added to the Consent Agenda.
Franchot moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
• *2. COUNCIL WORK SESSION OF NOVEMBER 28, 2011
Franchot moved, Printup seconded, to approve the minutes of the City Council Work Session of
November 28, 2011, as submitted. VOTE: Ayes 5, Nays 0.
*3. REGULAR COUNCIL MEETING OF NOVEMBER 28, 2011
Franchot moved, Printup seconded, to approve the minutes of the City Council Meeting of
November 28, 2011, as submitted. VOTE: Ayes 5, Nays 0.
*4. JOINT LONG LAKE / ORONO CITY COUNCIL WORK SESSION OF NOVEMBER 29,
2011
Franchot moved, Printup seconded, to approve the minutes of the Joint Long Lake /Orono City
Council Work Session of November 29, 2011, as submitted. VOTE: Ayes 5, Nays 0.
LMCD REPORT - ANDREW MCDERMOTT, REPRESENTATIVE
McDermott noted the Save the Lake banquet is scheduled for the middle of February and that the
members of the Orono City Council are invited to attend. Work has also been started on the Save the
Lake Fund for the fall campaign and they are in the process of researching grants.
The Minnehaha Creek Watershed District met regarding their aquatic invasive species effort and they will
be moving ahead with that effort but a substantial amount of concern was raised regarding the potential
future costs of the undertaking.
Page 1 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(LMCD REPORT, Continued)
McDermott noted Tuesday, December 13th, is the annual meeting with the Sheriff s Water Patrol.
McMillan commented there have been a number of bald eagles flying over Lake Minnetonka, which is
fantastic.
PLANNING COMMISSION COMMENTS - KEVIN LANDGRAVER, REPRESENTATIVE
Landgraver noted there are three items under the Planning Department report on tonight's agenda and that
the Planning Commission recommended approval of those unanimously. The Planning Commission is
looking forward to meeting with the City Council in a joint work session to discuss the recommendations
of the hardcover task force.
PUBLIC COMMENTS
None
• PLANNING DEPARTMENT REPORT
5. #11 -3504 CITY OF ORONO - AMEND CODE TO ADD GARDENS AS PERMITTED
USE WITHIN R DISTRICTS - ORDINANCE AND SUMMARY ORDINANCE NO. 90, THIRD
SERIES
Curtis stated Staff drafted a text amendment to allow gardens as a permitted use within the R Districts.
The amendment has been drafted to add gardens in all residential districts and to eliminate the definition
regarding crop farms. The definition of a crop farm is a parcel of land comprising an area of ten or more
acres that are used for the growing of plants, trees, or shrubs with or without profit. The amendment to
eliminate crop farms and add gardens as permitted uses in all residential districts will broaden the land
use. All existing crop farms would be encompassed into the permitted garden category.
The Planning Commission voted 6 -0 at their May meeting to recommend adoption.
Printup moved, Franchot seconded, to adopt SUMMARY ORDINANCE NO. 90, THIRD SERIES,
and ORDINANCE NO. 90, THIRD SERIES, An Ordinance Amending Chapter 78 of the Orono
City Code Regarding Gardens and Crop Farms in Residential Zoning Districts. VOTE: Ayes 5,
Nays 0.
6. #11 -3530 MIKE SEELAND OF PROPERTY RESOURCES MANAGEMENT
COMPANY, LLC, 2725 WAYZATA BOULEVARD WEST - CONDITIONAL USE PERMIT -
RESOLUTION NO. 6099
Mike Seeland and Pat McCann were present.
• Ben Gozola stated the applicant is seeking a conditional use permit to repurpose the 96,414 square foot
building at 2725 Wayzata Boulevard for use as mini - storage. The parcel is centrally located within the
Page 2 of 18
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(6. #11 -3530 MIKE SEELAND OF PROPERTYRESOURCES MANAGEMENT COMPANY,
LLC, 2725 WAYZATA BOULEVARD WEST, Continued)
industrial park and is to the south and to the north of Industrial Boulevard, which is currently an
unimproved right -of -way.
Gozola depicted the layout of the site on the overhead. The area to the south is slated for future industrial
development. There is currently parking on the north and eastern portion of the building. There is a
connection to the existing building. To the south is an area of hard packed gravel and some debris.
Removal of the debris has been completed by the applicant. There is also a fair amount of vegetation to
the east of the building. The lighting on the building will continue. To the north there is some pole
lighting. The additional lighting would be similar to what currently exists. The area in red depicts the
fencing.
The applicant is proposing to remove a portion of the existing building to allow them to expand the area
for the outdoor storage. The red line defines the area of outdoor storage and contains the entirety of the
operation that is being proposed. To the north of the building, the green circles indicate the existing light
poles and the yellow circles indicate the proposed light poles. Also in the northern portion of the building
is a one - employee office which will be used for selling retail packing goods such as boxes and to rent out
Budget moving truck and the mini- storage units.
An existing business, Core Tubes, LLC, would remain in their current location but would transition to
additional interior mini - storage units once they leave. The areas in green depict the existing lighting on
the site. Additional lighting would be added towards the rear of the building.
The proposed use is both anticipated and supported by the Comprehensive Plan. The property is not
located in a floodplain and there are no watershed issues. Provided all recommended conditions are met,
the proposed use appears to be in compliance with all general zoning code requirements. The proposed
use is also compatible with adjacent present and future anticipated land uses and conforms with all
applicable performance standards.
Gozola reviewed the 21 code requirements for the site, noting the first six criteria are specific to industrial
CUPs and the rest are applicable to a general CUP within the City. It is the finding of Staff that the
proposed use is supported by the comprehensive plan and there are no shoreland issues. Overall
hardcover is in compliance with City code requirements and the site is compatible with surrounding uses
currently and into the future.
The third criteria require that use specific performance criteria within the City's code be met, which in
this case only relate to the outdoor storage. The first criteria requires proper landscaping. The applicant
has submitted a landscape plan and the engineer will review that plan to ensure they adhere to all code
requirements at the time of building permit application.
The open outdoor storage area is to be surfaced with concrete or bituminous, which is the case with this
particular plan. In addition, the plan meets all applicable setbacks. No required parking would be used
for outdoor storage. The conditions of approval can assure that the area is not used for hazardous
materials or storage of junk.
Page 3 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(6. #11 -3530 MIKE SEELAND OF PROPERTYRESOURCES MANAGEMENT COMPANY,
LLC, 2725 WAYZATA BOULEVARD WEST, Continued)
Criteria four, five and six are also met. The required conditions of approval will guard against nuisances
such as noise or smoke. The investment is expected to provide an economic return to the community and
is commensurate with other industrial uses for which the property could feasibly be used.
As it relates to the general conditional use permit criteria, the proposed use is both anticipated and
supported by the Comprehensive Plan and appears to be in compliance with all general zoning code
requirements.
The proposed use will be adequately served by public services and stormwater facilities. Engineering has
reviewed the plans for conformance to prior site development plans and finds the proposal will not impact
anticipated drainage. The existing link between the subject building and the building to the west will be
removed as the site is prepared for the proposed mini - storage business.
The existing parking area on the eastern property line of the site is proposed to be used for outside storage
as part of this use. As a condition of approval, Staff is recommending that all such storage either be
within a vehicle or on wheels. This will ensure the area is continued to be used essentially for parking
rather than outdoor storage and that all materials could be moved quickly if need be. This will also ensure
the drainage easement in this area is free of obstructions. Engineering has reviewed this proposal and
finds that drainage would continue to work as planned given this proposal. Any final details for storm
water drainage will be worked out with the applicant in accordance with the City Engineer at the time of
building permit application.
Staff also finds that the proposed uses are compliant with code or it can be with conditions. The
surrounding area is industrial and this use is compatible with industrial use. The landscaping
improvements will mitigate any potential impacts caused by the outdoor storage. In addition, the
applicant is proposing decorative fencing at the entrance of the site. The Budget rental trucks will not be
maintained on site.
Criteria 18 relates to traffic and parking. The remaining parking is adequate and there are adequate
turning radii. Staff does not consider this use to be a high traffic use and are recommending that the
grounds not be used as a staging area for employees. The applicant has indicated they will not have
movers meeting at the site.
Criteria 19 and 20 deals with environmental impacts and lighting. Staff finds the applicant's lighting plan
shows that all lighting is down and directional and will not impact adjacent property.
Gozola noted hardcover is being reduced as a result of this application and the hardcover is compliant
with City regulations. Staff did not find any ways that the use would be counter to public health, safety or
welfare provided the suggested conditions are followed.
Engineering has found the proposed plans are sufficient to recommend approval of the conditional use
permit. Staff would recommend as a condition of approval that the engineer review all applicable issues
as the building plans come forward.
The Planning Commission unanimously recommended approval with minor suggestions.
Page 4 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(6. #II -3530 MIKE SEELAND OFPROPERTYRESOURCES MANAGEMENT COMPANY,
LLC, 2725 WAYZATA BOULEVARD WEST, Continued)
Staff recommends approval of the request subject to the following conditions:
The open, outdoor storage areas shall not be used for storage of hazardous liquids, solids, gases,
or wastes.
2. The open, outdoor storage areas shall be kept free of refuse, trash, debris, weeds, and waste fill
at all times.
3. All open, outdoor storage shall occur outside of drainage and utility.
4. The existing link between the subject building and the building to the west shall be removed
prior to the opening of the proposed mini - storage operation.
5. All refuse and junk on the southern portion of the property shall be removed prior to the opening
of the proposed mini - storage operation.
6. Storage of materials which produce smoke, noise, glare, vibration, odors, fumes, dust, electrical
interference, general unsightliness, or other nuisances as defined by Orono City Code shall be
prohibited.
7. Storage bays shall not be used to manufacture, fabricate, or process goods to service or repair
vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct
garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity
on the site.
8. Individual storage bays or private postal boxes within a self:service storage facility use shall
not be considered premises for the purpose of assigning a legal address.
9. All open, outdoor storage shall be on wheels (e.g. within a vehicle, a trailer, or other easily
transportable device).
10. Access deemed acceptable to the fire chief shall be provided at all times for emergency vehicles.
11. Dry stacking of boats shall be prohibited.
12. No more than two employees shall work in the retail /office store at one time.
13. The grounds shall not be used as a staging ground for deploying employees or assigning of
moving duties.
14. All proposed signs shall conform to code requirements for signs in the industrial zoning district.
15. Landscaping plans deemed acceptable by the City Engineer /landscape architect shall be supplied
at the time of building permit, and shall provide required screening from the south and east as
deemed necessary.
Page 5 of 18
r
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(6. #11 -3530 MIKESEELAND OFPROPERTYRESOURCESMANAGEMENT COMPANY,
LLC, 2725 WAYZATA BOULEVARD WEST, Continued)
16. Fencing parallel to Wayzata Boulevard shall utilize slats or another screening mechanism deemed
acceptable by the City Engineer.
17. The applicant shall provide a limited and updated survey and design south of the east parking lot
and new access road to the south end of the building. Drainage shall be routed south for
emergency overflow (EOF) purposes unless otherwise approved by the City Engineer.
18. The applicant shall obtain all necessary permits and approvals from the City and other applicable
entities with jurisdiction prior to any construction.
19. Construction shall follow the survey and plans as submitted or as required to be updated by
the City Engineer.
20. The City Engineer shall have the option to inspect the property at the applicant's expense during
the construction process to ensure ongoing compliance with all engineering requirements.
21. The conditional use permit shall expire one year from the date of resolution if the use is not
established; City Council approval will be required for any subsequent extension.
The City Council has three options: 1) adopt the approval resolution, 2) direct staff to draft a denial
resolution, or 3) table the application. The 60 -day review period expires on the 18th of this month and
can be extended another 60 days if necessary.
Rahn asked where the hardcover is being reduced on the site.
Gozola indicated the hardcover portion to the south is being reduced.
Rahn asked if the City should be concerned with the height of the outdoor storage.
Gozola stated it is already a parking area and that they are almost treating it more as an outdoor parking
area by requiring that all storage be within a vehicle or on wheels. The Planning Commission felt it
would be more appropriate to have an oversized boat or RV located here rather than in someone's back
yard.
Rahn noted there was a letter from the City of Mound included in the packet and asked whether other
facilities have height limitations.
Gozola stated the applicant would be able to address that question.
McMillan asked what the rationale was for not allowing more than three employees.
Gozola indicated that number was arrived at following discussions with the applicant. That limit could be
removed if Council wishes.
Page 6 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(6. #11 -3530 MIKESEELAND OF PROPERTYRESOURCES MANAGEMENT COMPANY,
LLC, 2725 WAYZATA BOULEVARD WEST, Continued)
Rahn commented in his view it was to give the Council some idea of the number of employees that could
be expected on the site.
McMillan suggested that number be increased to five to make it less restrictive. McMillan asked what
would be parked in the front lot.
Gozola stated it would basically be used as it is currently and that the applicant has indicated that the
rental trucks might be parked temporarily in that area until their employee has an opportunity to move
them to the rear of the lot.
McMillan asked whether there is any language in the resolution restricting how long those vehicles can
remain in the front.
Gozola indicated there is not a specific time restriction but that the applicant has indicated those vehicles
would be moved relatively quickly. The only time there might be a lag for those vehicles to remain in
that area is when the office is closed.
McMillan asked how the interior units would be accessed.
Gozola stated there are a couple of entrance bays on the side of the building to gain access to the interior
units and a gate on the entrance to the site, which would also give access to the outdoor storage area.
McMillan asked how many interior units there are.
Gozola stated there are approximately 150 to his recollection.
McMillan asked if the outdoor lighting is proper.
Gozola stated they would match the existing fixtures which did meet the City's lighting requirements. An
updated lighting plan was submitted and reviewed by the City Engineer.
Rahn asked if there is an emergency access in the back.
Gozola stated there is not a gate located in the back. Gozola indicated the plans were submitted to both
the police and fire chiefs and that the police chief had indicated that he thought the site was designed
properly. No comment was received from the fire chief.
Gozola illustrated the interior layout of the facility and noted there are approximately eight different sizes
of units. There is a loading bay and two access doors.
Mike Seeland stated the Staff report was pretty comprehensive and that he is available to address any
questions or concerns the Council may have.
Seeland noted they do not have height restrictions at the other three facilities. There really is not outdoor
0 storage in Eden Prairie but there is at the other two facilities.
Page 7 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(6. #11 -3530 MIKE SEELAND OFPROPERTYRESOURCES MANAGEMENT COMPANY,
LLC, 2725 WAYZATA BOULEVARD WEST, Continued)
In addition, they do not employ movers and merely staff the office to sell moving supplies and to handle
the rental of the units. It is possible from time to time where there might be a meeting with five
employees and it would be nice to have the number of employees be a little less restrictive.
Seeland stated people will drop off trucks on the weekends and after office hours. The office hours are
9:00 a.m.to 5:00 p.m. Monday through Friday and 8:00 a.m. to 3:00 p.m. on Saturday. The office is
closed on Sundays. The employee will move the trucks behind the gate the next business day.
Access to the site will consist of two 20 -foot gates. There are no other access points to the site on the
property. In terms of accessing the internal units, the intent is to use the large doors and access points that
already exist since they appear to provide adequate access. Seeland indicated they perhaps might have
access through the office to the units closest to that area.
In terms of the internal units, the overhead depicts the current plan. This business is quite flexible and the
size of the units might change depending on demand. Seeland stated he does not want to represent that
the overhead will represent exactly how it will be on the inside. The number of units will depend on the
size configuration, but the rentable square footage will be the same. They are proposing to have 109
outdoor units, with 38 being located in the back.
Pat McCann stated as it relates to fire access, the fire and police departments will be provided with pass
codes to access the front gates. People with outdoor storage will have a pass code to allow them only
access to their outdoor units and the interior tenants will have a specific pass code that will restrict them
only to that internal area. There will be a Knox box that will allow the police and fire departments access
to the front door. McCann indicated there would be a key pad on both sides of the entrance gate.
Rahn asked if they are 20 -foot drive aisles.
McCann stated they will be 20 feet wide to accommodate the larger RVs and boats.
Rahn noted the fire department will also require a minimum of a 20 -foot wide driveway.
Franchot asked what number of employees they would be comfortable with allowing on the site at one
time.
McCann stated he has three full -time managers and three part-time staff for the three facilities, and that
the maximum would be nine. They typically have one full -time manager there during the week and one
part-time person on the weekend. Once in a while they will rotate their staff meetings to the various sites.
Seeland stated their corporate office is located in Eden Prairie, but that there could be a rare occasion
where eight employees would be on site.
Franchot noted the language in the resolution states that no more than three employees shall work in the
retail office space and that what the applicant is saying is that they will simply meet there on a rare
occasion. Franchot indicated he is fine with that situation.
Franchot asked whether the applicant is comfortable with the 23 conditions.
Page 8 of 18
MINUTES OF THE
ORONO CITY COUNCIL, MEETING
December 12, 2011
7:00 o'clock p.m.
(6 #11 -3530 MIKE SEELAND OF PROPERTYRESOURCES MANAGEMENT COMPANY,
LLC, 2725 WAYZATA BOULEVARD WEST, Continued)
McCann indicated they are comfortable with the conditions and that they were developed as a result of a
number of conversations with Staff.
Printup moved, Rahn seconded, to adopt RESOLUTION NO. 6099, a Resolution Granting a
Conditional Use Permit to Allow a Mini - Storage Operation at 2725 Wayzata Boulevard, with Item
No. 12 being amended to allow no more than five employees to work in the retail/office store at one
time. VOTE: Ayes 5, Nays 0.
*7. #11 -3532 SHARRATT DESIGN & COMPANY, LLC, ON BEHALF OF MIKE AND PAM
SIME, 3095 NORTH SHORE DRIVE - AFTER -THE -FACT CONDITIONAL USE PERMIT -
RESOLUTION NO. 6100
Franchot moved, Printup seconded, to approve RESOLUTION NO. 6100, a Resolution Granting a
Conditional Use Permit Per Municipal Zoning Code Sections 78 -966, 78 -967, 78 -1247, and 78-
1286(b) & (d). VOTE: Ayes 5, Nays 0.
CITY ENGINEER'S REPORT
S. ORONO ORCHARD ROAD PROJECT UPDATE
Amundsen stated some additional soil borings were taken last week for the Metropolitan Council's
portion of the work. Overall the project is approximately one and a half weeks ahead of schedule, which
will allow the project to be bid approximately one month ahead of schedule.
Franchot commented he is glad the schedule is being moved up.
MAYOR/COUNCIL REPORT
McMillan noted in 2011 there were 24 City Council meetings, 16 work sessions, and 3 joint meetings,
one with the School Board, one with the Planning Commission, and one with the City of Long Lake.
McMillan stated she would like to thank Council and Staff for working hard and efficiently this past year.
CITY ADMINISTRATOR'S REPORT
9. ADOPTION OF 2012 BUDGET AND TAX LEVY - RESOLUTION NOS. 6101— 6104
McMillan noted the truth -in- taxation meeting was held at 6 p.m. this evening.
Olson noted there is a zero percent increase in both the budget and tax levy. Olson stated he has not
received any public comment against it.
Page 9 of 18
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(9. ADOPTION OF 2012 BUDGET AND TAX LEVY, Continued)
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6101, a Resolution Adopting the
Final 2011 Tax Levy Collectible in 2012; to adopt RESOLUTION NO. 6102, a Resolution to Adopt
the Final 2012 General Fund Budget, to adopt RESOLUTION NO. 6103, a Resolution to Adopt the
2012 Special Revenue Fund Budgets; and to adopt RESOLUTION NO. 6104, a Resolution to Adopt
the 2012 Enterprise Fund Budgets. VOTE: Ayes 5, Nays 0.
Franchot thanked Ron Olson for his fine work on helping to develop the budget and levy.
*10. APPROVE 2011 INTERFUND TRANSFERS
Franchot moved, Printup seconded, to approve the transfers and loan payments as indicated on
Staffs memorandum dated December 2, 2011. VOTE: Ayes 5, Nays 0.
11. FUND BALANCE POLICY AMENDMENT - RESOLUTION NO. 6105
McMillan noted the General Fund Reserve had a minimum of 45 percent and asked if anything in excess
of 50% goes into the Community Investment Fund.
Olson stated the Council can direct it to any fund they deem appropriate.
0 McMillan asked at what point in the process that might occur.
Olson stated currently for 2011 they do not know what that fund balance is and that the final amount
would be determined during the audit. Olson stated they should have a good idea before the midpoint of
2012.
McMillan asked if he is comfortable with the 40 to 50 percent range for the reserve.
Olson stated 50 percent is the top end that the state auditor would recommend and that over 50 they start
questioning why it is so high. 45 percent is the amount that has been traditionally used over the years.
McMillan asked whether there is a typo under Section No. II, Item No. 2 and if the word "the" should be
"then ".
Olson stated it should be "then" and that it will be fixed.
Bremer noted the number should also be changed to No. 9 for Fund Balances in Debt Service Funds on
page 2 of the Fund Balance Policy.
Franchot noted the third whereas on the resolution should also be changed to correct the spelling of the
word "current" and the word "balance ".
Olson stated when they finalize the documents, those corrections will be made.
Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6105, a Resolution to Amend the
Fund Balance Policy to Implement GASB 54, with the corrections being raised tonight being
incorporated into the documents. VOTE: Ayes 5, Nays 0.
Page 10 of 18
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
12. 2012 NON -UNION EMPLOYEE COMPENSATION ADJUSTMENTS - RESOLUTION
NO. 6106
Olson stated earlier this year the Council had suggested Staff review the number of steps in the pay scale
and whether four steps were adequate. Information has been provided on six steps, which takes five years
to complete. Staff is looking for action on the 2012 non -union employee compensation. If passed, it will
have the six steps. If Council would prefer the four steps, the document would need to be revised.
Olson noted currently only one employee is not at the top step and grandfathering of that employee will
be a Council decision.
Franchot asked whether there is a contractual relationship with that employee.
Loftus stated there is a contract but it does not address that item.
Rahn commented he is fine with the grandfathering, but that it was his belief the City would benefit by
starting at 75 percent rather than 85 percent. Rahn stated the 75 percent gives the City a little more
latitude when hiring with the six steps.
Olson stated they can make that change and noted that one concern raised during the discussion with the
five steps was the size of the increase.
Rahn stated he is speaking more about new employees as it relates to the 75 percent.
Bremer commented the lower percentage might detract from finding quality employees, but indicated she
is fine with the 75 percent if the other Council members feel that is adequate. Bremer stated she is also
fine with the grandfathering.
McMillan concurred that the 75 percent provides the City with a little more flexibility.
Bremer moved, Rahn seconded, to establish the 2012 Non -union Employee Compensation
Adjustments, and to adopt RESOLUTION NO. 6106, a Resolution Approving Pay Plan
Adjustments for Non -Union City Employees for 2012, starting at 75 percent, with 5 percent steps.
Franchot recommended the motion also include the grandfathering of any employees as of January 1.
Bremer amended her motion to include grandfathering of any employee as of January 1. Printup
seconded the motion. VOTE: Ayes 5, Nays 0.
13. ADDENDUM TO CONTRACT FOR FIRE PROTECTION - NAVARRE FIRE STATION
Loftus stated the Long Lake Fire Department has been operating the Navarre Fire Station since 2007.
This is an addendum to the 20 -year fire protection agreement. The Councils of Long Lake and Orono had
a joint session on November 29th and both councils were comfortable with the proposal. Long Lake
formally approved the agreement on December 6th.
McMillan opened the meeting for public comment at 7:58 p.m.
Page 11 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(13. ADDENDUM TO CONTRACT FOR FIRE PROTECTION- NAVARRE FIRE STATION,
Continued)
Bob DeVere, 2670 Countryside Drive West, stated he finds it disconcerting that he has Wayzata police
cars driving down Old Crystal Bay Road and that in his opinion Orono should not be strengthening its
relationships with Long Lake given the situation with the fire department.
DeVere stated his other comment has to do with the storage of water trucks. DeVere indicated with the
insurance companies he has dealt with in the past, they do not feel the fire department is storing an
adequate amount of water. DeVere stated as a result, anyone not on City water ends up paying a premium
on their insurance because the Long Lake Fire Department does not store an adequate amount of water.
McMillan asked if the insurance is higher due to the lack of fire hydrants or water storage.
Chief Van Eyll stated he cannot answer that specifically but that the fire department brings 8,500 gallons
of water to the scene of a house fire. Van Eyll indicated he would be happy to work with the resident on
the water storage and that the Long Lake Fire Department does have agreements with the surrounding
communities if additional help is needed.
DeVere stated he has spoken with both State Farm and All State and they have indicated it is because
there are no fire hydrants and Long Lake does not store enough water.
Van Eyll stated he had not heard that the insurance companies do not feel they store enough water.
Franchot asked if they have ever run out of water.
Van Eyll stated they have not run out of water but they have had issues where the water supply has been
difficult to get established or trucks have broken down. The Long Lake Fire Department has participated
in the ISO operations and both times Long Lake's tankers have come out on top with the amount of water
being delivered on time.
Franchot moved, Rahn seconded, to approve the Addendum to the Contract for Fire Protection
with the City of Long Lake. VOTE: Ayes 5, Nays 0.
*14. PURCHASE RESCUE 11 REPLACEMENT
Franchot moved, Printup seconded, to approve payment to the City of Long Lake for the purchase
of LLFD R-11 in the amount of $26,449.25 and to approve payment of the unbilled amounts in an
amount not to exceed $1,970. VOTE: Ayes 5, Nays 0.
*15. WAYZATA FIRE SERVICE CONTRACT
Franchot moved, Printup seconded, to approve the Wayzata Fire Service Contract with the City of
Wayzata and approve payment for fire protection services. VOTE: Ayes 5, Nays 0.
16. ENGINEERING SERVICES RFP
Loftus noted the City Council initiated the RFP process in August and received nine submittals. Four
firms were interviewed, including Bolton & Menk, FOCUS, Stantec and WSB. The next step in the
Page 12 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
. December 12, 2011
7:00 o'clock p.m.
(I6. ENGINEERING SERVICES RFP, Continued)
process would be to select a firm and direct the City Attorney and City Administrator to begin negotiating
a contract for possible approval at the January 9h Council meeting. A staff recommendation was provided
for council consideration. Loftus noted this is the first opportunity for Council to discuss who should be
hired to fill the position.
Franchot commented he agrees this was a good process to go through and that the City had a number of
good candidates. Franchot stated in his opinion the interviews turned out to be very important and that
the issue he had the most difficulty with is that the City currently has personal relationships with some of
the candidates. Franchot indicated he attempted to erase those personal relationships from his memory in
an attempt to look at the firms impartially.
Based on that, Franchot identified three final candidates, Bolton & Menk, StantecBonestroo and WSB,
and that in his opinion any one of the three have the technical capacity to serve the City. Franchot stated
he personally put Bolton & Menk third because they did not have the institutional history with the City.
Franchot indicated he spent some time on the Stantec website and was disappointed to see how little they
spoke about municipal engineering and that he has a concern with where the new owner of the company
might take them.
Franchot stated he was impressed by the energy and innovative spirit of WSB, and that he would
• recommend the City go with WSB.
Printup concurred it was a good process and that he personally did not have the long -term relationship
built up with any of the three candidates. He noted there was adinteresting reaction to his suggestion to
have an RFP process which was purely a business- related matter. He found it to be an educational
process and learned that engineers are engineers and they will all be great. Printup stated his choice
relates to what he thinks would fit Orono best and that in his opinion that Bolton & Menk fit that criteria.
Rahn agreed that it was an educational learning process and that the top three candidates would all do a
fine job. Originally he liked FOCUS'S business plan, but since the City is in the process of hiring their
own engineer, he is not sure the City would realize the full benefit of their plan at the present time.
Rahn stated during the interview process he was looking for someone who had more of a philosophical
view similar to his and that he connected with Bolton & Menk. Bolton & Menk is a firm that wants to
keep things simple and practical. They want to keep the designs methods simple and hopefully not drive
costs up with something that isn't practical. They have a proven track record and currently do a
substantial amount of work with some of the 14 lakeshore cities. Rahn stated in his view the City of
Orono is similar to their other lakeshore clients and that Bolton & Menk would be his choice.
Bremer stated in large part she agrees with what has been said, but that in her view it is also important to
look at the people they have met. Bremer stated as it relates to the law firm she currently works for,
which is a national law firm, she has found that people like the model and platform but that it comes
down to the individual professional the City will be working with.
Bremer stated this is a similar process in that the City is looking at the differences between three very
similar firms. Bremer indicated given her past experience with the City for a number of years, she
appreciates the guidance that Bonestroo has given Staff and Council over the years. Bremer stated in this
Page 13 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
• December 12, 2011
7:00 o'clock p.m.
(16. ENGINEERING SERVICES RFP, Continued)
situation she was not supportive of a national platform like Stantec's since the City of Orono is local and
they do not really do business elsewhere.
Bremer stated that view then led her to the conclusion that either Bonestroo or WSB would be a good
choice for the City. Bremer indicated she liked FOCUS and Bolton & Menk but that she did not feel that
FOCUS's model will be helpful to the City at this point. Bremer stated WSB would be her number one
choice but that she does not have a strong feeling for a second or third choice between Bolton & Menk or
the Stantec group. Bremer commented there is', a lot to be said for knowing the Staff and knowing the past
history of the City. Bremer stated that regardless of the decision, it does not mean it will be an automatic
relationship for 25 years. She added that perhaps the City should analyze the contract after a certain
period of time and establish more of an automatic RFP process that would take place on a regular basis.
McMillan commented that Darren Amundsen and his crew have done an excellent job during the
transitional period when Bonestroo merged with Stantec and the City Engineer left. She stated that she
took Staff's concerns seriously during this whole process. Although she thought FOCUS had an
interesting model, McMillan stated Staff needed to be 100 percent comfortable with that model so she
would support Staff's recommendation for a full - service firm.
McMillan stated if the city were going to move away from Bonestroo, now Stantec, her top choice would
• be Bolton & Menk. She liked their presentation.that spoke about what they can do for Orono, particularly
in picking out the Orono philosophy and what's important to Orono. Dave and their firm come highly
recommended by Greenwood and Woodland and they currently do work for other lakeshore cities. She
thought Dave would work well in the private development field and Bolton & Menk has expertise in
wetland compliance reviews. McMillan reiterated that Bonestroo has done a great job for Orono in
getting projects done and that she would like to thank them for their past service.
•
Printup moved, Rahn seconded, to select Bolton & Menk for Consulting Engineer Services, and to
authorize the City Administrator and City Attorney to begin negotiating a contract.
Franchot commented he is saddened that the majority of the Council did not take the recommendation of
Staff who had made it clear that Bolton & Menk would have been their third choice.
VOTE: Ayes 3, Nays 2, Franchot and Bremer Opposed.
17. MUNICIPAL FACILITIES CLEANING SERVICE AGREEMENT
Printup thanked City Clerk Lin Vee for her work in saving the City approximately $12,000 in a year by
reducing the number of cleaning days. He added that it sets a standard for what the city can do to find
ideas for saving money.
Printup moved, Rahn seconded, to terminate the current cleaning services agreement with Coverall
Cleaning Concepts, and to approve the agreement with Vanguard Cleaning Systems at a monthly
cost of $1700 plus tax, effective February 1, 2012. VOTE: Ayes 5, Nays 0.
Page 14 of 18
MINUTES OF THE .
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
*18. 2012 FEE SCHEDULE - ORDINANCE AND SUMMARY ORDINANCE
Franchot moved, Printup seconded, to adopt ORDINANCE NO., THIRD SERIES, an Ordinance
Adopting the 2012 Fee Schedule and Repealing Ordinance No. 83, Third Series. VOTE: Ayes 5,
Nays 0.
19. 2012 OFFICIAL CALENDAR
McMillan noted the only change is moving the Truth -in- Taxation meeting from 6:00 to 6:30 on
December 12, 2012.
Printup moved, Rahn seconded, to approve the 2012 Official Calendar, with the Truth -in- Taxation
meeting being scheduled for December 10, 2012, at 6:30 p.m. VOTE: Ayes 5, Nays 0.
20. GOAL SETTING PROCESS FOR 2012
Loftus stated at the last meeting she brought up ideas for a goal setting process and is looking for Council
input on goal discussions for January and February. Loftus suggested a two -step process. The first step
would consist of Council identifying a list of accomplishments and goals, and staff would do a similar list
separately. The second step would involve a combined meeting of Council and Staff at the February
work session. Those lists would then be analyzed and possibly have a facilitator at the meeting when the
. legwork has been done.
Printup commented it is a good idea to do the accomplishments and missed opportunities in two steps and
that the only item he would raise is the need to have an outside facilitator for the second step. He felt that
Council and staff are capable of coming together to discuss goals and would be sufficient to meet without
a facilitator.
McMillan noted they have previously used A.B. Reynolds with goal setting and that she could see if she
is interested in facilitating the meeting and what her price would be for her services. Staff could then
compile the results of the second meeting.
Rahn asked what the facilitator's role would be and whether they would be an expert in governmental
affairs or a people- person bringing two groups together. Rahn stated he would hope they could
accomplish goal discussions without a facilitator.
Loftus stated a facilitator could add to the process of coming to a consensus through team building.
Facilitators are usually trained in getting ideas out of everybody, making sure that not one person is
dominating the session and that everyone agrees with the end product. The facilitator is not there to
participate but to help gather ideas from everyone. Loftus noted she would act as the facilitator for the
first step, but it would remove her from the second step of the process, assuming she would also be the
facilitator for the second step.
Rahn stated some other administrative staff person could also perform that role. Rahn stated he would
like to move through the process without a facilitator.
Loftus commented a lot of cities use facilitators to help build consensus and act as a neutral party to help
• move issues along.
Page 15 of 18
MINUTES OF THE
ORONO CITY COUNCIL MEETING
• December 12, 2011
7:00 o'clock p.m.
(20. GOAL SETTING PROCESS FOR 2012, Continued)
Franchot stated in his view there should be a facilitator to allow all of City Staff and Council to actively
be involved in the process and not in running it. Franchot stated in his opinion they have a mis- weighted
group in that the Council is more management or bosses and staff works for the Council and that it is
asking an awful lot of the group to function well. Franchot stated a facilitator is a small cost that has a big
benefit and that he has never seen a group do it well without someone acting as a facilitator.
Rahn stated he has worked for various cities over the past 21 years and that he has never been asked to sit
down with the Council to develop goals.
Franchot noted that is the point and that Council is asking Staff to work on developing common goals.
Rahn commented he would like to think they can do it without a facilitator.
McMillan stated the Council can try to do the process without a facilitator. McMillan noted the city
administrator has her foot in both camps since she is part of staff and also works with the Council directly
and is the bridge between both groups. McMillan stated the Council may want to consider a facilitator.
Rahn stated it might be an easier decision to make after the goals are submitted by the two groups. The
Council could then review the goals and make the decision on whether a facilitator is needed.
• Franchot noted three of the Council Members have indicated a desire for a facilitator and asked why they
are not going ahead with a facilitator.
McMillan asked whether he would like her to check prices with A.B. Reynolds.
Franchot stated he would.
McMillan stated she will check prices and bring back information for further discussion in January.
Loftus asked whether the Council is comfortable with her proposing someone for the utility study group
with Long Lake with the appointments in January along with the Mayor.
Franchot stated he does not consider himself particularly qualified but that he would be happy to be on the
group.
Printup also offered to participate in the utility study group.
McMillan commented that Long Lake was anticipating that Franchot would be on the committee.
Loftus confirmed that McMillan and Franchot would be appointed to the utility study group.
Loftus noted the city has an opportunity for the employees to do some planned giving through payroll
deductions. Currently the employees have the option of donating to the United Way. Franchot and
Loftus met with the MN Environmental Fund and this group would be another opportunity that could be
offered for employee participation. Loftus noted this does not require any Council action but she is
• interested to know whether any of the Council Members have any concerns with this item. Loftus
reiterated it is a voluntary charitable opportunity for the employees.
Page 16 of 18
MINUTES OF THE
. ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
(20. GOAL SETTING PROCESS FOR 2012, Continued)
Printup commented options are always good.
Loftus noted the 2011 budget is in good shape and it should be coming in at or under budget.
*21. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2012
Franchot moved, Printup seconded, to approve the Council Liaison Planning Commission meeting
schedule for 2012. VOTE: Ayes 5, Nays 0.
*22. LIQUIDATION OF FORFEITED VEHICLES
Franchot moved, Printup seconded, to approve the liquidation of forfeited vehicles through public
bid process and /or Minneapolis Auto Auction or similar business. VOTE: Ayes 5, Nays 0.
*23. LIQUIDATION OF CITY VEHICLE
Franchot moved, Printup seconded, to approve the liquidation of a 1992 Ford F150 4x4 pickup,
VIN# 2FTEF14N6NCA63054, minimum bid $1,000, through public bid process and /or Minneapolis
Auto Auction or similar business. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Mattick had nothing to report
*24. TOBACCO AND LIQUOR VIOLATIONS
Franchot moved, Printup seconded, to approve the Stipulation of Facts and Civil Sanction executed
by Navarre Lanes, Navarre Liquors, and Big Island General Store. VOTE: Ayes 5, Nays 0.
*25. LICENSES AND PERMITS
KENNEL LICENSE
1. Robert Lux
1209 French Creek Drive
ANNUAL LIQUOR LICENSES
On Sale Liquor and Sunday
2. Orono Liquor Inc./Narrows Saloon
3380 Shoreline Drive
• Franchot moved, Printup seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0.
Page 17 of 18
•
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
December 12, 2011
7:00 o'clock p.m.
*26. BILLS
Franchot moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
ADJOURNMENT
Rahn moved, Printup seconded, to adjourn the Orono City Council meeting at 8:38 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
4PtA& J. '11-t C- -
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Page 18 of 18