HomeMy WebLinkAbout01-28-2013 Council Minutes • MINUTES OF THE
ORONO CITY COUNCII.MEETING
Monday,January 28,2013
7:00 dclock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Cynthia Bremer,Aaron Printup, Kristi Anderson, and Lizz Levang.
Representing Staff were City Administrator Jessica Loftus,Assistant City Administrator of Long-Term
Strategic Planning Michael Gaffron,Planning Coordinator Melanie Curtis,Finance Director Ron Olson,
City Engineer/Public Warks Director Jesse Struve, City Attorney Soren Mattick,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
CONSENT AGENDA
Item Nos. 3, 4, and 6 through 10 were added to the Consent Agenda.
Levang moved,Anderson seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
*2. REGULAR CITY COUNCIL MEETING OF JANUARY 14,2013
Levang moved,Anderson seconded,to approve the minutes of the Orono City Council meeting of
January 14,2013,as submitted. VOTE: Ayes 5,Nays 0.
BIG ISLAND PARK REPORT
Gabriel Jabbour noted last year he,Mayor McMillan, and two representatives from Three Rivers Park
visited Big Island to discuss the possibility of continuing the re-vegetation project on Big Island. Three
River Parks and The Minnehaha Watershed District have agreed to do that and a bid has been received
and awarded last week to re-vegetate a portion of the shoreline.
Jabbour indicated he typically receives a number of requests from people wanting to hold weddings and
other events on Big Island. Big Island is currently under a management plan that was adopted by the City
Council, which does not allow those types of events on the Island. In addition,the Watershed District has
a conservation easement. Jabbour noted the Watershed District would have to adopt an amendment to the
management plan if the City is interested in holding those types of events on Big Island.
McMillan noted weddings can be held on Big Island but that there are no public restroom facilities or
running water available.
Jabbour stated he stands corrected on weddings but that most other private events cannot be held on Big
Island.
McMillan asked if there is anything the Council should be thinking about for improvements that should
be done this spring.
Page 1 of 11
MINUTES OF THE .
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(BIG ISLAND PARK REPORT, Continued)
Jabbour noted a number of the signs are lying on the ground at the present time because the concrete was
not placed in the ground deep enough and some of the signs have been vandalized. Jabbour stated they
will reinstall the signs by placing the metal posts in the ground four to five feet deep. Jabbour stated in
his view no other major improvements are required at this time.
McMillan congratulated Gabriel Jabbour on his appointment to the DNR Aquatic Invasive Species
Committee.
Jabbour stated he is very fortunate to be one of the few who got accepted to sit on the committee.
Jabbour provided a brief background on the formation of the LMCD. The LMCD was originally
established as a regulatory agency and over the years it has taken on some roles that were not envisioned
in its original charter. In approximately 1991 or 1992, Orono was granted public access points on Lake
Minnetonka, and the statutory language was changed to read that cities may appoint representatives to the
LMCD.
The AIS Committee of the LMCD has spent approximately 99 percent of the time discussing milfoil and
the options available for eradica�ion. Jabbour indicated representatives from the LMA,the DNR,the
Corps of Engineers,Three Rivers Park, and the Watershed District,as well as himself, sit on the
committee. Every year the Corps of Engineers sends two engineers to the meetings and they provide a
considerable amount of information to the committee on aquatic invasive species. Jabbour stated the
costs to chemically treat Lake Minnetonka were discussed and it was estimated the cost would be$2.5
million to $3 million per year. The Corps of Engineers have conducted a 5-year study that demonstrated
that the majority of the chemicals end up in the deep portions of the lake and do very little to treat milfoil
in the shallower parts of the lake. �
Jabbour presented the City Council with the LMCD's 2013 Budget and Levy which has been adopted by
the LMCD. As part of the budget discussions,the City of Greenwood suggested the LMCD sell the
milfoil harvesters and chemically treat the entire lake. Jabbour noted the taxpayers did not pay for the
harvesters originally since they were donated. Since the harvesters play a vital role in eradicating milfoil
around Big Island,Jabbour indicated he was opposed to the sale of them. Over 150,000 boaters use Big
Island every year and the harvesters allow those people access to the island.
Jabbour noted the City of Greenwood contributed $6,264 in 2012 while the City of Orono contributed
$57,866. Orono will experience an increase of$541.in 2013. The cost to chemical treat each bay would
be between$50,000 and$100,000. At the present time the majority of the money is paid for by the
shoreland owners but some people are having a difficult time paying the fees necessary each year for
chemical treatment and that they would like the public sector to contribute a greater share of the costs.
Jabbour stated he would encourage the City Council to think twice about the budget before voting on it.
l
As it relates to dealingrdtYt��`tic invasive species,the state"�'�S�get is$4 million,which is intended to
�
cover eradication of milfoil in all the lakes in the state. Jabbour noted the state is currently experiencing
an influx of other aquatic invasive species that should also be dealt with.
Page 2 of 11
. MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(BIG ISLAND PARK REPORT, Continued)
Jabbour commented he periodically will send e-mails to the City Council in an effort to keep them
informed on what is happening with the LMCD and the AIS Committee. Jabbour indicated he welcomes
the Council's input on any issue.
Jabbour distributed information to the Council on the dam, ground water depletion, and water levels.
Printup thanked Gabriel Jabbour for his efforts with Big Island and the LMCD. Printup noted there are a
number of stakeholders associated with the LMCD, and asked how those entities could all be brought
together.
Jabbour indicated the AIS committee attempts to bring all the interested parties together and that one of
the main issues is a disagreement over how the aquatic invasive species should be dealt with.
Gaffron noted Staff is recommending that extra mooring posts not be installed at Big Island Nature Park.
Levang moved,Printup seconded,to direct Staff that extra mooring posts at Big Island Nature
Park will not be installed for the 2013 boating season or future years unless the Council approves a
formal request for post installation and,if approved,the installation and removal costs shall be
paid by the requesting party. VOTE: Ayes 5,Nays 0.
PLANNING COMMISSION COMMENTS—JON SCHWINGLER,REPRESENTATIVE
Schwingler stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
MN State Senator David Osmek introduced himself to the Orono City Council. Osmek noted he was a
city councilman in the City of Mound for 11 years and originally was born in Glencoe.
Osmek indicated he decided to run for senate and was elected last November. Current committee
assignments include the public safety and transportation committee,the energy and environment
committee,and the committee of environment economic development and agriculture. Osmek
encouraged the City Council and Staff to contact him with any issues they would like assistance on.
McMillan noted that before Osmek left the Mound City Council,Mound was dealing with the market
value exclusion and that she would like the legislature to take a look at that idea. Currently the homes
valued under$413,000 are getting breaks while at the same time they are asking the homeowners that
own homes above that amount to make up that difference. McMillan commented the state needs to let the
cities know what they are going to do on that issue.
Osmek stated they saw that coming when Mound reduced their levy. Basically the state promised the
cities that if local taxes were reduced,they would provide additional state aid. The state later reneged on
that agreement, which caused a problem for the cities. Osmek stated in his view the state needs to stay
away from the property tax system and that he is in agreement some work needs to be done on that issue.
Printup thanked Senator Osmek and encouraged him to get together with Gabriel Jabbour on the AIS
issue.
Page 3 of 11
MINUTES OF THE .
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(PUBLIC COMMENTS, Continued)
Osmek noted he is on two committees that would deal with AIS issues,but that it is unlikely the state will
be able to provide additional funds to deal with AIS. Osmek indicated he originally had the
understanding that treatment of the bay would only last for five years and then the milfoil would be
completely eradicated,but that has not turned out to be the case. Osmek noted the vast majority of the
money for chemical treatment is paid for by private citizens,which is probably the right way to go about
it.
Anderson asked what type of issues related to AIS he anticipates seeing on his committees.
Osmek indicated he is not aware of any legislation regarding AIS at the present time but that his
committees will review any legislation that is introduced.
PLANNING DEPARTMENT REPORT
*3. #12-3590 CITY OF ORONO,AMEND SECTION 78-1403—LOT COVERAGE AND
MASSING STANDARDS—ORDINANCE NO.99,THIRD SERIES
Levang moved,Anderson seconded,to adopt ORDINANCE NO. 99,Third Series,City of Orono,
Hennepin County,Minnesota,an Ordinance Amending Sections 78-1403 of the Orono Municipal
Zoning Code Regarding Massing and Lot Coverage. VOTE: Ayes 5,Nays 0.
PUBLIC WORKS DIltECTOR/CITY ENGINEER'S REPORT
*4. ACCEPTANCE OF MUNICIPAL INFILTRATION AND INFLOW(I&I) GRANT—
RESOLUTION NO.6202
Levang moved,Anderson seconded,to approve the Metropolitan Council Municipal Publicly
Owned Infrastructure Inflow/Infiltration Grant Program—Grant Agreement. VOTE: Ayes 5,
Nays 0.
Levang moved,Anderson seconded,to approve Staff and Bolton and Menk to move forward with
developing plans and specifications for a sanitary sewer rehabilitation project. VOTE: Ayes 5,
Nays 0.
5. WILLOW DRIVE PRELIMINARY DESIGN UPDATE
Struve stated at the January 14, 2013,Council meeting,the Council approved a proposal from Bolton and
Menk for design services associated with the reconstruction of Willow Drive North between Kelley
Parkway and CR6, which is on the City's Municipal State Aid System. Struve indicated David Martini
with Bolton and Menk will present the different options that Staff has explored for improving Willow
Drive.
Page 4 of 11
. MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(S. WILLOW DRIVE PRELIMINARYDESIGN UPDATE, Continued)
David Martini addressed the City Council regarding Willow Drive. At the present time Willow Drive has
an average width of approximately 34 feet,which includes a bituminous surface and narrow gravel
shoulders. At its narrowest,the road is about 30 feet in width. It is a rural drainage section with ditches
on both sides of the road and culverts to convey storm water runoff. Along the road there are areas of tree
cover that are located near the bottom of the ditch and areas of wetland adjacent to the road.
The proposed reconstruction will include the complete removal of the pavement section and potentially a
portion of the underlying subgrade. In order to reconstruct Willow Drive to MSA standards, a typical
section which includes 12-foot driving lanes, 6-foot shoulders,and a 1-1/2 foot recovery area on each side
of the road will need to be constructed. This will require the footprint of the road to be 39 feet wide,
which will require the existing road to be widened.
On the east side of the road between the north and south side of Dickey Lane, some ditch improvements
are needed up near Kelley Parkway. There is also one area that will need a little more extensive ditch
work in the area of Willow Drive to handle the drainage more effectively. Currently there are a number
of culverts with no end structures on them that should also be addressed.
In addition,there are a couple of pedestrian ramps that are not up to current MSA standards and those are
proposed to be replaced. From a right-of-way standpoint, all of the proposed improvements can fit within
the existing right-of-way.
To accommodate the widening that is necessary to meet MSA standards, City Staff has considered the
following options:
Option 1 -Leave the centerline of the road in its current location and widen on both sides of the road.
This option minimizes wetland impacts on the west side of the road but requires fairly significant tree
removal along the residential properties on the east side of the road. Although all of the tree removal
would occur in existing City right-of-way, it is anticipated that the proposed tree removal will be a
concern to the adjacent property owners.
Option 2-Move the centerline of the rQad five feet to the west to eliminate tree impacts on the east side
of the road. This option essentially elirninates tree impacts on the east side of the road but at the same
time increases wetland fill on the west side. A 5-foot offset also narrows up the area between the road
and the existing trail,which makes it difficult to re-establish a standard ditch section in some areas.
Option 3 -Move the centerline of the road three feet to the west to reduce tree impacts on the east side of
the road. The centerline would be transitioned back to its existing location at the north end of the project
to line up with Willow Drive north of CR 6. This option essentially eliminates tree impacts on the east
side of the road with the exception of the wooded area between the north and south legs of Dickey Lane
Drive. This option has more wetland impacts than Option 1 but less impacts than Option 2. It also allows
for more room for ditch restoration on the west side of the road when compared to Option 2.
— — Page 5 of 11 — -
MINUTES OF THE •
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(5. WILLOW DRIVE PRELIMINARY DESIGN UPDATE, Continued)
Currently there is access off of Willow Drive into Otten Brothers. As the area continues to develop and
traffic increases,the possibility of moving the existing access on Willow Drive to the north to line up with
Kelley Parkway have been discussed. As it exists now,there are safety concerns due to traffic conflicts
that exist with left turning traffic to Kelley Parkway and left turning traffic to Otten Brothers. Based on
preliminary discussions, it appears that the property owner is willing to discuss the possibility of this
change but is concerned that it may have a negative impact on the internal circulation of traffic on his
property.
Since it is anticipated that the safety concerns related to the existing location of the access will only
increase as the surrounding area continues to develop,City Staff would like direction form the Council to
determine if the proposed access change should be pursued as part of the Willow Drive reconstruction
project.
Staff would recommend that Option 3 be selected because it allows for the necessary widening of the road
with the best balance between wetland and tree impacts.
Levang indicated she is in favor of Option 3 and that the road is obviously in poor shape and needs
improvements. Levang commented she appreciate the efforts taken by Staffto understand the concerns of
the neighbors.
Martini stated shifting the centerline to the west will not be very discernible,and then as you get to the
north and approach CR6, it will be transitioned back to where the centerline lines up currently.
Struve noted some of the options show some impacts to trees located in the right-of-way but that Staff
feels Option 3 balances the tree removal a little more.
Martini noted the main area impacted with the trees would be the area around the north and south legs of
Dickey Lane.
Anderson indicated she also is in favor of Option 3 and that she is in agreement the culverts need to be
improved.
Printup stated Option 3 is fine. Printup asked what the City will be looking at as far as maintenance costs.
Struve noted maintenance costs will go up as you add more bituminous since there will need to be
periodic seal coating and mill and overlaying. Struve stated in his view those costs will be relatively
small but that there will be some additional costs over gravel.
Printup commented he is okay with the road remaining gravel because there is a trail located right next to
it that pedestrians and bicyclists can use.
Bremer noted that bicyclists are supposed to be using the roadway rather than the trail.
Gaffron indicated the trail is a pedestrian trail.
Martini stated a somewhat wider shoulder could be provided for the bicyclists.
Page 6 of 11
. MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(S. WILLOW DRIVE PRELIMINARYDESIGN UPDATE, Continued)
McMillan noted this is a pretty heavily traveled road and that the Council likely will want to look at
having some paved portion.
Anderson asked if it would make sense to relocate the trail.
Martini indicated he would be consistent with the trails being on the same side of the road and that at least
three feet of shoulder could be provided for bicyclists if that is what the Council would like to do.
McMillan stated in her view Option 3 is good and that now might be a good time to look at the access
situation around Otten Brothers.
Martini stated the property owners do not see much benefit to them in relocating the access point at the
present time. Martini indicated another logical place to have this discussion would be during the turn
back process but that Staff would like some direction on this matter.
McMillan noted they will be reconstructing Old Highway 12 in the near future and that that would be
another opportunity to look at it.
Bremer noted the City has looked at the Otten Brother access previously and that the same concern was
raised back then as was raised now. Bremer asked if anyone from the City' safety committee has looked
at this issue and whether the City has any information about actual accidents that are happening there.
Struve indicated his information basically comes from Mike Gaffron and that it does not sound like there
have been very many accidents in that area. This issue has been discussed in the past as simply a
preference to relocate the access for future traffic conditions and making the intersection easier to
negotiate by motorists. With the reconstruction of Willow Drive,now is a good time to address it or the
City can look at it in five or six years when Old Highway 12 is reconstructed.
Bremer noted there were different plans for that area previously created that could be reviewed.
Gaffron stated once Stone Bay is completely built out,there will be a greater demand for that intersection
to be changed. Currently Stone Bay is only half built out. One of the things that should be considered is
that there will be a right in and right out for traffic to get into the site on the south side and that one of the
key elements to changing the access was to stop people from making a U-turn in that area.
Bremer indicated she is fine with Staff's recommendation.
Struve stated it sounds like the Council would like Staff to look at a three foot paved shoulder for Willow
Drive and to come back with different costs. Staff will continue speaking with Otten Brothers but that the
Council does not need to make a firm decision at this point.
McMillan asked whether a public hearing will be scheduled.
Struve indicated once the plans are more finalized,they will have a meeting with the residents.
Page 7 of 11
MINUTES OF THE • .
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(S. WILLOW DRIVE PRELIMINARYDESIGN UPDATE, Continued)
Anderson asked if it would be disruptive to rip up this road at the same time as Old Highway 12 is being
reconstructed.
Struve stated in his view it probably will not be that disruptive since Old Highway 12 will also be tore up.
The City Council took no formal action on this item.
*6. CHANGE ORDER NO.3—ORONO ORCHARD ROAD RECONSTRUCTION PROJECT
Levang moved,Anderson seconded,to approve Change Order No.3 for the contractor Minger
Construction,Inc.,in the amount of$105,774.44 for the Orono Orchard Road Reconstruction
Project. VOTE: Ayes 5,Nays 0.
*7. PAY REQUEST NO. 7—ORONO ORCHARD ROAD RECONSTRUCTION PROJECT
Levang moved,Anderson seconded,to approve Pay Request No.'7 for the contractor Minger
Construction,Inc.,in the amount of$96,754.50 for the Orono Orchard Road Reconstruction
Project. VOTE: Ayes 5,Nays 0.
MAYOR/COUNCIL REPORT
Levang noted on February lst and 2nd she will be attending the Leadership conference for first-time
council members. On February 1 lth,a presentation will be done regarding the donation garden for the
City Council.
Anderson noted that Mike Gaffron shared with the Council the press release that was put together inviting
people to the work session on February l lth regarding the Navarre Initiative. Jim Grube has also been
invited to attend that meeting.
Printup stated that he, and perhaps some other Council members, have gotten calls regarding the new
recycling containers. Printup commented it might just be a matter of learning the new methods.
Printup asked if the work session information should also be made available on line. Currently the
agendas are on line but the packets and minutes are not available prior to the work session.
Loftus indicated the work session minutes are approved at the regular Council meetings and are included
in the City Council packets. Loftus noted the work session minutes are typically much briefer than City
Council minutes.
Printup asked if the Council would like more detailed work session minutes.
Loftus stated when she started with the City,the work session agendas were not put online at all,which
has since changed. Since the work sessions are a little more informal, Staff does not always have packets
or memos prepared. Work sessions have historically been looked at as a time to study the basic issues
and work through some of the details.
Page 8 of 11
. • MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(MAYOR/COUNCIL REPORT, Continued)
Bremer stated she does not want to see the work sessions become too formalized and that she does not
have a problem with adding the minutes to the website. Bremer indicated she does not want to have what
could become two official city meetings back to back.
McMillan noted the City Council packets are pretty solidified by the time the meeting happens and that
sometimes work session items are more fluid.
Levang commented it would be nice if the Navarre Initiative Committee and/or the general public could
be provided more information prior to the work session.
Loftus commented if the Council would like more detailed minutes, perhaps the city recorder could do the
minutes.
Bremer stated the Council could also decide at the end of the work session whether something should be
included on the website.
McMillan noted the City of Wayzata does a Friday update on their website.
Bremer stated she also has received a number of calls regarding the new recycling containers. Bremer
commented she has a very long driveway and that in this type of weather, it can be difficult to take the
recycling container down to the end of the driveway. Bremer stated two of her neighbors pay an
upcharge so that the garbage driver will pick the garbage can up by the garage. One of the concerns that
has been raised is that all you notice on garbage day are the cans down by the road.
Bremer stated another concern raised was the fact that the containers can be heavy and difficult for the
elderly residents to haul down to the road. If the containers are too heavy to maneuver, it may result in
people throwing away more of their recyclables than they had originally.
Bremer noted they will be meeting with the Waste Management representative tomorrow to talk about
what can be done within the context of the City's contract. Bremer stated the problem is more likely to
occur in the winter and that they are hoping to learn tomorrow what some of their options are. Bremer
commented two options are using a smaller truck or perhaps allowing some people to use their old
recycling bins. Bremer stated a number of people have also contacted Waste Management directly and
that they have gotten some inconsistent information since there is not one direct number they can call
regarding the Orono recycling program.
McMillan stated she has also received some calls from people who live on private roads and that they are
not happy about having to take their containers all the way down to the end of the private road.
Printup noted he has also received a number of calls about the color of the containers.
Bremer commented she is appreciative of the contact the Council has received on this issue and that she
will attempt to keep in touch with the people who have contacted her regarding this issue as different
options are discussed.
Page 9 of 11
MINUTES OF THE .
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
(MAYOR/COUNCIL REPORT, Continued)
McMillan reported three Council members attended the meeting at the Crystal Bay Post Office and that it
appears the hours will be reduced down to six hours. They also discussed extended lobby hours,which
was received favorably by the people in attendance. Approximately 12 people attended the meeting.
McMillan noted she attended the January Planning Commission meeting and that the Planning
Commissioners indicated they would like to have a joint work session. McMillan indicated she suggested
the Council meet with them at one of their work sessions in perhaps March or April. Mediacom will be
attending the February 25t"City Council work session.
McMillan stated she also has had two neighbors contact her regarding the golf course and that she has had
two meetings with them. Council Member Levang also attended both meetings. The residents would like
to attend a council meeting and present their ideas. McMillan stated she suggested the February 25`h
meeting.
McMillan noted the executive director of the LMCD will be attending the March l l�h City Council
meeting.
CITY ADMINISTRATOR'S REPORT
Loftus noted they did invite Andrew McDermott to tonight's meeting on aquatic invasive species but that
he was not able to attend due to a previous commitment. McDermott has indicated he is very interested in
getting direction from the City Council on how to proceed with the AIS issue.
*8. REPLACE FILE SERVER
Levang moved,Anderson seconded,to approve the purchase of a new file server from LOGIS in
the amount of$6,352.58 with additional setup estimated to be$1,500. VOTE: Ayes 5,Nays 0.
*9. REPLACE POLICE VIDEO SERVER
Levang moved,Anderson seconded,to approve the purchase of a new police video server from
LOGIS in the amount of$6,760.65 with additional setup estimated to be$1,500. VOTE: Ayes 5,
Nays 0.
CITY ATTORNEY'S REPORT
City Attorney Mattick had nothing to report.
Page 10 of 11
.
• � , MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,January 28,2013
7:00 o'clock p.m.
*10. LICENSES &PERMITS
Residential Kennel Licenses �
1. David&Luann Runkle
2684 Casco Point Road
2. Jane Kline& Steve Bell
4455 West Branch Road
3. Jon and Bianca Chance
248 Cygnet Place
Levang moved,Anderson seconded,to approve the above listed licenses. VOTE: Ayes 5,Nays 0.
*11. BILLS
Levang moved,Anderson seconded,to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
CLOSED MEETING
12. CLOSED MEETING FOR ATTORNEY-CLIENT PRIVILEGE
(The City Council went into closed session from 8:49 p.m. to 9:10 p.m.)
ADJOURNMENT
Printup moved,Levang seconded,to adjourn the Orono City Council meeting at 9:10 p.m. VOTE:
Ayes 5,Nays 0.
ATTEST:
' -;�C� � d�--�- � ,�.>�G'C�C� ��.�, � ��-
Rachel Dodge,Deputy City Cl�'rk Lili Tod McMillan,Mayor
Page 11 of 11