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HomeMy WebLinkAbout07-22-2013 Council Minutes . o , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. ROLL CALL The Orono CiTy Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Kristi Anderson,Cynthia Bremer, Lizz Levang and Aaron Printup. Representing Staff were City Administrator Jessica Loftus,Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Finance Director Ron Olson, Public Works Director/City Engineer Jesse Struve, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 o'clock p.m. APPROVAL OF AGENDA Item Nos. 4, 6, 7, 8, 11,and 14 were added to the Consent Agenda. Bremer moved,Levang seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF JULY 8,2013 Bremer moved,Levang seconded,to approve the minutes of the Orono City Council work session of July 8,2013,as submitted. VOTE: Ayes 5,Nays 0. *3. REGULAR CITY COUNCIL MEETING OF JITLY 8,2013 Bremer moved,Levang seconded,to approve the minutes of the Orono City Council meeting of July 8,2013,as submitted. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS—BRUCE LEMKE,REPRESENTATIVE Lemke reported the Planning Commission will be discussing alternative energy systems at their August 7 work session. Lemke stated he would be available for questions. PUBLIC COMMENTS None • PLANNING DEPARTMENT REPORT *4. #13-3604 ESKUCHE ON BEHALF OF NEIL AND BARBARA GOODWIN,2975 CASCO POINT ROAD—VARIANCES AND CONDITIONAL USE PERMIT—RESOLUTION NO.6305 Bremer moved,Levang seconded,to adopt RESOLUTION NO. 6305,a Resolution Granting Variances to Municipal Zoning Code Section 78-1279(6)and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966,for the property located at 2975 Casco Point Road. VOTE: Ayes 5,Nays 0. Page 1 of 20 _ ___ __�____ MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,July 22,2013 7:00 o'clock p.m. PUBLIC WORKS DIItECTOR/CITY ENGINEER'S REPORT 5. DAKOTA TRAIL PARKING AT BAYVIEW PLACE Gaffron stated Rick Meyers, property owner at 2195 Bayview Place,has requested City Council consideration of removal of the informal trail parking area that has developed just east of Shadywood Road on Bayview Place. Gaffron displayed an aerial photograph of the area. Gaffron noted the area in question is just east of the stop sign on the north side of Bayview. Further east,the City had placed"No Parking" signs along Bayview in 2009 or 2010, leaving the last 100 feet or so unsigned at the request of the neighborhood because at the time that area was being used for school bus drop-off/pickup by parents. Mike stated that staff has met with Boe Carlson of the Three Rivers Park District to discuss this issue as well as the general concerns about the lack of formally designated trail parking areas in Orono. Mr. Carlson has indicated he would support removal of the Bayview Place parking area and would support placement of trail signage directing trail users to park in the Navarre parking lot or other area(s)the City finds acceptable. Staff supports the removal of this parking area and signing it as no parking, subject to a variety of ancillary issues being taken into consideration. These issues include but are not necessarily limited to: 1. An effective discontinuance of the parking area may require removal of the gravel and establishment of a curb or other barrier in addition to placing"No Parking" signage. 2. The graveled parking area is within Hennepin County Regional Rail Authority right-of-way and the City will likely need their approval to do work in the right-of-way. 3. Consideration of how the removal will affect bus stop use of the area. 4. Does the City Council wish to formally designate and assign certain stalls in the Navarre parking lot for trail parking or leave it as first-come, first-served? Gaffron indicated he has a number of photographs available for viewing. Levang asked if this issue would be under Jim Grube's purview. Gaffron indicated it is not and that the Three Rivers Park District has the ability to use the middle 16 feet of the corridor where the trail is located for trail purposes. Levang asked if any discussion has been had with the Dakota Rail Authority regarding this. Gaffron stated he has not but that he is not aware of whether Boe Carlson has. Gaffron indicated it is unlikely Mr. Carlson has since the City and Three Rivers are just in the beginning stages of the discussion. McMillan asked how that gravel area came into existence. Page 2 of 20 MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (S. DAKOTA TRAIL PARKING AT BAYVIEW PLACE, Continued) Gaffron stated he is not sure how that specific area of gravel occurred but it may be one of the areas where the City added some gravel at some point in time. Boe Carlson,Three Rivers Park District, stated one of the elements of the original master plan for the trail corridor was a preriy extensive planning process with the communities along the trail and identifying design components along the trail and trail support amenities within each community. One of the resolutions that were passed by the Three Rivers Park District Board at that time, as part of the master plan,was to identify establishment of up to six parking stalls in each of the communities along the trail. Through the years Three Rivers has worked with those communities to establish those various parking locations that then ultimately became authorized trail parking locations. Those were established at the trail head both in Wayzata and St. Bonifacius and in Mound at the park-n-ride station. Completion of a trail connection at Gales Wood Farm has provided for some additional parking,and just recently Three Rivers has completed a small extension of the City of Spring parking lot to add six stalls at their city hall location. The two areas where Three Rivers has not been able to identify good parking locations for authorized parking have been in Orono and Minnetonka Beach. Minnetonka Beach has indicated they do not want any formal parking in their city for the trail,which places a bigger burden on the City of Orono. Carlson noted that the Bayview Place parking location has never been identified as an authorized parking area by Three Rivers. The Hennepin County Regional Rail Authority does not like to see a right-of-way being used for parking unless a request is made by Three Rivers and authorized. That particular right-of- way has been secured for transportation purposes. Hennepin County Regional Rail Authority has allowed Three Rivers to operate the trail and place trail parking upon certain conditions in specific locations being met. The location on Bayview is not a location that was ever approved or identified as a trail parking location from Three Rivers. Due to all of that, Three Rivers is willing to take the lead in addressing this issue in conjunction with Orono. Bremer asked what Mr. Carlson's thoughts are regarding the Navarre parking lot, its distance to the trail, and whether it would be feasible to utilize that area. Bremer noted some people have been parking in the northern section of the parking lot. Carlson indicated that area has always been identified as a possible parking location but one of the flaws is the lack of a good connection from that point up to the trail. Orono and Three Rivers have discussed a trail connection that could go along County Road 19 and at one point the City and the Park District approached Hennepin County about widening the sidewalk along County Road 19 as well as possibly adding a bike lane. Carlson indicated both projects are expensive and feels neither one of these options would be a great solution. Without the participation of Hennepin County,that project is outside the budget of the Three Rivers Park District. Carlson stated one possibility is to look at it at the time County Road 19 is reconstructed. Page 3 of 20 _�----__-----__ _--- MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday,July 22,2013 7:00 o'clock p.m. (S. DAKOTA TRAIL PARKING AT BAYVIEW PLACE, Continued) Carlson stated the challenge with a bike trail along County Road 19 is if a biker is heading northbound and another biker is headed southbound in the opposite direction,the bike trail would not be wide enough to accommodate both of those riders. If someone is headed eastbound,they would have to cross either up at the light in Navarre; perform a mid-block crossing, which is not a great location due to the incline where the city park is; or they would need to ride against traffic,which is not something Three Rivers would like people to do. One option is to make a connection further west, but the downfall is people would need to bike through residential neighborhoods, some type of route would need to be striped, and there is a good size hill to ride up. Carlson indicated that is not a perfect solution. Carlson indicated Three Rivers has looked at a lot of different locations in Orono, such as the Hennepin County overflow area,the fire station, and near the post office. Carlson stated none of them present an easy solution since all locations seem to have at least one fatal flaw and are not the optimal solution. Carlson noted if more people were to use the municipal lot to access the trail or the City wished to expand trail parking there,there would have to be some additional partners at the table to pursue that option. McMillan asked if various designated trail parking has been added yet to the Three Rivers Park District website. Carlson indicated Three Rivers is working on that but due to staff absences that has not yet been completed. Carlson noted there is an unauthorized website that identifies some parking areas along the trail but they are not all authorized parking locations. The information Three Rivers would like to get out to the general public is to only park in the identified authorized parking areas. Carlson indicated Three Rivers is currently working on getting that information on its website and it should be completed within the next week or two. McMillan commented the Mound parking lot is a perfect location. McMillan asked how much dedicated parking is located in St. Bonifacius. Carlson indicated Three Rivers initially added six to eight spots in St. Bonifacius at the time the master plan was approved and a new trail connection has just been completed on the west side of town near County Road 90 that has essentially unlimited parking for the trail. St. Bonifacius has authorized that as a designated parking location for as many cars as Three Rivers needs. Carlson indicated that location creates another oppoMunity for people who want to drive to that location and then head west out towards Carver County. McMillan asked if Gales Woods has a connection. Carlson indicated there is a connection in that area which also potentially has unlimited parking during the week but more limited parking on the weekends. Printup stated Staffls recommendations as proposed are good, and in reviewing the minutes from several years ago,they reflect the same issues being raised tonight. Printup stated he supports the restriction on parking in the Bayview area, but that he wants everyone to be very aware that when parking in this area is shut down,there will be other parking issues popping up elsewhere. Page 4 of 20 MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (S. DAKOTA TRAIL PARKING AT BAYVIEW PLACE, Continued) McMillan noted she did visit the area a couple of weeks ago, and on the day she was there,there was a construction trailer for a property up the road parking in this area. McMillan stated some of the cars also were sticking out on the road,which limits the visibility on County Road 19 to the right, and the gravel is somewhat unstable. McMillan commented the Meyers and the other residents in the neighborhood have patiently waited for solutions to be identified but they have come to the conclusion that this informal parking area is not working. McMillan stated there is also a fair amount of storm water that drains in this area and that perhaps should be looked at, especially if a portion of the gravel is removed. Anderson stated she travels by that area almost daily and that she is amazed at how many cars attempt to squeeze into that area. Anderson indicated she has witnessed cars almost going over the edge. The slope in that area is somewhat eroded and the drainage needs to be looked at. Anderson indicated she would be in support of restricting parking on Bayview due to safety concerns but that there will be impacts to the people utilizing the bus stop. Rick Meyers,2195 Bayview Place,pointed out on the overhead the area where the people usually park to drop and pick their children up for the bus. Meyers indicated he does not have a problem keeping that area trimmed since they do not park there for an extended period of time but merely stop and then leave after the kids get on the bus. Meyers stated one of the concerns he has is the safety issue with cars parking in that area since they block the vision for traffic attempting to get on to County Road 19. Meyers stated it is his understanding it is illegal to park within 30 feet of the stop sign. The other concerns relate to the ditch and the drainage in the area. Meyers pointed out there is a culvert under the street that drains the area. That area is now filled in and so the water goes down the road and then down on the trail. Meyers indicated he did speak with some Three River representatives and told them that it needs to be dug out and a connection made. Meyers indicated the wide area was created due to train derailments. Following the last derailment,the railroad placed a big pile of ballast on the tracks that sat there for approximately six months. It was then flattened out, which created an informal parking lot. Once the trail was constructed, Meyers indicated he had a concern that it would become a de facto parking lot,which it did end up becoming. Meyers commented he frequently hears brakes squealing since people will unload their bikes in this area and often stand on the road. Meyers stated many years ago the drain plugged up and the area now floods and creates drainage issues. Struve stated he has spoken with Hennepin County about that culvert but that he cannot control when they come out and perform work on that culvert. Struve indicated he could follow up and ask when they can locate that culvert end and free it up but that once the culvert is opened up,more water will flow into that area. Struve stated he has not noticed big problems with the drainage but that he is aware of some ponding that occurs on the road,which would be fairly easily rectified. Levang asked if the best solution is to open that end. Struve indicated it will improve the situation minimally but that he is unable to quantify it. Page 5 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Monday,July 22,2013 7:00 o'clock p.m. (S. DAKOTA TRAIL PARKING AT BAYVIEW PLACE, Continued) Levang asked what the City Engineer would like to see done in that area. Struve stated he has not fully evaluated the entire area as it relates to the drainage. The road belongs to Hennepin County and the trail and culvert is probably out of City control. Struve indicated he can attempt to contact the appropriate people and see what can be done. McMillan asked what can be done in the short-term as it relates to the parking. McMillan stated it appears the City Council is in agreement to remove this parking area. Gaffron stated the first step would be to make sure the Regional Rail Authority does not have a problem with any of the work and that the next steps would be to perhaps install a curb and some landscaping and signage. Struve stated eliminating the parking area is a relatively easy solution but that it might take some time to obtain the appropriate approvals. Bremer stated erecting the no parking signs could be done fairly quickly,which would start to improve the situation. Struve suggested the City Council consider holding a public hearing to involve the neighborhood. Levang indicated she would not be in favor of holding a public hearing and that the minutes reflect the comments of the neighbors from a public hearing held back in 2009 and 2011. Levang stated the residents have been waiting since 2009 for the City to talce some type of action to address this and that she feels embarrassed the City has kept the neighborhood in limbo. Levang stated in her view there needs to be immediate action taken. Struve noted that once the no parking signs are erected,there will be no temporary parking allowed for the bus stop as well. Levang stated it is her impression that that is what the neighbors would like to see happen. Police Chief Correy Farniok suggested the City Council take a broader view of the situation and what will likely happen if parking is restricted in this area. Farniok indicated if parking in this area is restricted, that opens up the possibility of pushing the parking up on to Crystal Place or other residential streets. Farniok stated if people are accustomed to parking in this area,they will attempt to find a solution in the nearby vicinity. Farniok noted it would also create parking issues when the residents have a graduation party or other social event if the area is marked no parking. Farniok suggested the City Council consider having a little cut-out for school bus loading and unloading. Farniok pointed out if the area is designated no parking,that would mean cars stopping near the bus stop even for a couple of minutes would be in violation and they could be cited. Levang stated if there is an area designated for loading and unloading, people might assume that means for the trail as well. Page 6 of 20 MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (S. DAKOTA TRAIL PARKINGAT BAYVIEW PLACE, Continued) Anderson suggested the area be marked school bus loading and unloading. McMillan commented her neighborhood has a small gravel area where vehicles and snow trucks can turn around in or pull over for a minute or two. McMillan stated the rest of her street is marked no parking. Farniok stated the signage needs to be clear. Anderson asked what the turn-around time would be for the signs and whether signs could be erected directing people to park in the municipal lot. Levang stated she is not necessarily in favor of finding other designated parking for the trail since that is the responsibility of Three Rivers and that the City Council needs to solve this neighborhood problem. Anderson indicated she does not have a problem working with Three Rivers to obtain the appropriate signage. McMillan stated a wider shoulder could also be constructed to allow people to pull over for the bus. McMillan asked whether snow is piled up in that area. Struve stated it is likely snow accumulates in that area but to his understanding the road crews do not push snow in that area. Struve indicated he will speak with the road crews to verify that. McMillan stated she is not sure why there cannot be a wider shoulder to allow people to pull in there and drop kids off for the bus. Printup asked if it would still be marked no parking. McMillan indicated it would be. Anderson commented she does not like the idea of pushing the parking into another neighborhood and that signage needs to be erected by Three Rivers directing people to an appropriate spot to park. McMillan commented the signage could also be erected for a temporary period of time. Levang asked if it would be better to erect a fence versus curbing. Struve stated the no parking signs would help stop the majority ofthe parking and that some type of obstacles could be placed in the area to also prevent parking. Levang asked if the police department would be monitoring this situation in the beginning to make sure there is compliance. Farniok suggested if there is a change to no parking there,that perhaps some fence posts be erected in addition to the signs. Farniok noted if no parking signs are erected,motorists would not be allowed to stop in that area at all even for loading or unloading for the bus. Farniok stated his recollection is that the residents wanted some parking for the neighborhood on the south side,which should also be considered. Page 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Monday,July 22,2013 7:00 dclock p.m. (S. DAKOTA TRAIL PARKING AT BAYVIEW PLACE, Continued) Bremer stated there was discussion about allowing parking only for the residents but that it was pointed out that would be difficult to enforce. Farniok stated due to the landscaping and vegetation,they are not parking in certain spots. Farniok noted a little further up the road and to the east of the Meyers residence there are some stumps and other physical barriers that prevent parking but that it will not stop people from finding a little niche here and there where they can park. Farniok recommended the City look at a wider area to avoid pushing the parking into other nearby neighborhoods. Levang asked if the west side of County Road 19 should also be posted no parking. Farniok stated he does not know what the answer would be since they have not heard from those residents. Printup asked whether some temporary no parking signage be erected across the street. Farniok stated the terrain to the west starts getting steeper but then flattens out more to the north. The motorists want the flatness and the convenience of the gravel. If they go on to Crystal Place, it will not be as convenient but the police department can monitor it and address any resident's concerns. Meyers stated in his view there will not be any problem with the Regional Rail Authority if this area is posted no parking. Meyers asked whether people can park within 30 feet of the stop sign. Farniok indicated they are not allowed to park within 30 feet of a stop sign if they are parking on a public road. Farniok indicated the no parking signs pertain to the roadway itself and that this is one of those unique areas given the gravel that they can park close to the stop sign since they would be off the roadway. Meyers noted the logs depicted in the photograph were placed there deliberately by his neighbor to prevent parking. If people are forced to park two blocks away,they will lose their convenience to the trail and will find somewhere else to park. Meyers noted he attempted to prevent parking on Bayview prior to the trail opening because he envisioned this happening and that he did not want people to become accustomed to parking in this area. Meyers stated it currently is not a safe situation and that once the parking area is not there, people will adjust and find somewhere else to park. Meyers suggested the City erect school bus pickup and drop-off signs up as well as signs that say parking is available at the municipal lot. Printup asked how soon the no parking signs could be erected. Struve stated it is likely the Public Works Department has some no parking signs in the facility and that within a week they could be erected. Anderson asked how quickly Three Rivers Park District could erect some directional signs. Page 8 of 20 , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (S. DAKOTA TRAIL PARKING AT BAYVIEW PLACE, Continued) Carlson stated he would probably not endorse directing people down to the municipal parking lot unless it was upgraded to a trail type connection. If people are using it and they are comfortable using it,that is a different matter, but that he would prefer not to have that as an endorsed parking location. Carlson indicated he would not be opposed to erecting a sign that says Navarre with a parking glib on it in this area since it would not be specifically endorsing any area. Carlson stated that could be erected fairly quickly if the City is interested in it. � Levang moved,Anderson seconded,to immediately and permanently close the Bayview parking area,erect no parking signs as soon as possi6le,and request that Three Rivers Park District update the signage in this area to indicate that there is parking in Navarre,and to direct Staff to work with Hennepin County to remove the gravel and restore the area to its natural state. Carlson indicated Three Rivers Park District would be willing to work with the City on restoring that area if the materials and resources are available. VOTE: Ayes 5,Nays 0. *6. PAY REQUEST NO. 1—WILLOW DRIVE RECONSTRUCTION PROJECT Bremer moved,Levang seconded,to approve Pay Request No. 1 for the contractor C.S.McCrossan in the amount of$96,512.97 for the Willow Drive Reconstruction Project. VOTE: Ayes 5,Nays 0. *7. REPLACEMENT OF PORTABLE GENERATOR Bremer moved,Levang seconded,to accept the quote from Interstate Power Systems in the amount of$36,898.59 for the replacement of a portable generator. VOTE: Ayes 5,Nays 0. *8. GREEN TREES ROAD SANITARY SEWER EXTENSION Bremer moved,Levang seconded,to approve Bolton and Menk to perform a feasibility study for extending sanitary sewer on to Green Trees Road. VOTE: Ayes 5,Nays 0. 9. BRUSH DISPOSAL SITE UPDATE Struve noted the City was hit was some severe storms last month, and in an effort to help the residents clean up after the storm, a tree disposal area was designated along McCulley Road in a city-owned parking lot. The site was open for a little over two weeks. At this time the site is approximately 30 to 40 percent full of materials. The Public Works Department is working to get the resources in to remove the debris and get the site opened back up to the public. There has been a request from a council member and some residents to have a permanent tree/brush disposal site in Orono. Struve indicated he did evaluate some other sites within the City and the only reasonable site at this time is the McCulley site. The drawbacks to this site are that it will not be monitored and will not be a secure location. Struve recommended the City secure the site so non Orono residents do not randomly come in and dispose of material. Page 9 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (9. BRUSHDISPOSAL SITE UPDATE, Continued) Struve noted there are residents who have said they also use the site for access to the Luce Line Trail. Accommodating both disposal and parking at this site is not really a feasible option since people will need to access the site for parking, and if the site is unsecured and unmonitored, people will dump their debris in the parking area. Struve indicated he has contact surrounding cities for tree disposal but those cities have indicated they do not have available space for Orono residents. The various cities are also re-evaluating how they operate and whether they will continue to provide services to other communities. In addition, Struve indicated he did ask Hennepin County to see whether they had a drop-off site for its residents but at this time they do not offer that service. Hennepin County does have locations for residents to drop that type of material off for a fee. The closest site to Orono is located in Minnetrista at the Mulch Store and it is where the City of Mound directs their residents to as well and they are charged a fee. Struve stated Orono residents do have the option to contact their waste haulers since many of them offer that service for a fee. The trees need to be cut up to a certain length,which poses some issues. Struve requested the City Council discuss this issue and whether they would like to continue to explore offering this service to the residents. Levang indicated she drives by the area every day and that she has been monitoring the situation to see whether more trees and debris are being hauled in. Levang noted she has not observed many people parking back there except for a semi-trailer parked in there overnight from time to time. Levang stated she is in favor of Orono having a permanent drop-off site since not everyone has a big lot to put their downed trees and branches. Levang indicated she would not be opposed to gating it since there are other access points to the Luce Line, such as Bederwood,which has a large parking area. Levang stated in her view it would not be a huge inconvenience to secure this site but that she would like to hold a public hearing given the fact that there are residents in close proximity to the site. In addition, the site is relatively easy to get to. Struve stated the other thing to consider would be the cost to remove that material on a yearly basis and would result in the City having to rent a larger chipper. At this time the Public Works Department is anticipating it will cost between $4,000-5,000 to dispose of the material currently at the site. Struve indicated he has had some preliminary discussions with some vendors about possibly removing the material at no cost to the City but that would result in wood chips not being available to the residents. If this becomes a permanent site,there would be an additional cost of approximately$5,000 to remove the debris on a yearly basis and around $1,000 to install a gate. Levang stated she can understand the trade-off with the mulch and asked how much mulch would be generated from the pile currently at the site. Struve indicated it would be a fairly large pile but that he cannot provide an educated guess on how large it would be. Page 10 of 20 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (9. BRUSHDISPOSAL SITE UPDATE, Continued) Anderson asked if this would be a free disposal site for Orono residents and a fee charged for non-Orono residents. Struve stated ideally the site would only be open to Orono residents. The problem with the McCulley site is that it is an open site and the Public Works Department does not have the manpower to staff it 24 hours a day. Printup suggested the site be reopened for the rest of the season and observe how it goes. Printup stated in the meantime the Public Works Department could come up with some options on how to deal with security and costs. Printup stated leaving the site open for the remainder of the season only results in another couple of months and that in his view the City has seen the peak of the damage. Printup suggested the City discuss this issue over the next several months and monitor it periodically to see what type of debris is being left there. McMillan asked if contractors would be allowed to dump brush there if an Orono resident accompanies them. Struve stated that will become a big issue once the contractors find out about the site because they will likely be charging the residents for dumping it and then dumping at the site for free. Levang noted Orono police officers are routinely in that area and sometimes sit in the parking lot. Levang asked if there is any way to utilize the police department. Struve stated that is one resource but that it would come at a cost. Struve stated the site could be open one or two days a week and that the Public Works Department could perhaps work with the police department to help monitor the site and create more of a presence. Printup commented that is a creative solution and that it is something that can be explored further. Anderson concurred that public input from the neighborhood should be obtained and that there are people who do park in the area to access the Luce Line. Struve noted he has received numerous phone calls asking when the site would be opened up again for parking to access the trail. Struve asked to what extent the City Council expects it to be monitored. Printup stated he would like to know whether there is blatant abuse. Levang indicated she would like to also know how much more debris is brought in there. McMillan asked whether the City would be able to recoup some of their storm costs from the county. Struve noted he was not aware of the meeting last week with the county until an hour before and that he is not aware of where they are at with the emergency declaration or reimbursement. Orono has submitted their costs to Hennepin County when Orono was asked for amounts spent following the storms. Struve noted that information is included in the Council's packet. Page 11 of 20 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (9. BRUSHDISPOSAL SITE UPDATE, Continued) McMillan stated she would like to explore the costs to the City but that she is not in favor of keeping it open for the rest of the summer. McMillan stated if the site is to become permanent,the City needs to find out what the costs are and evaluate the security issues. McMillan pointed out that severe storms are an extraordinary event and that she does not want to leave it open the rest of the season. Printup indicated he is in favor of leaving the brush disposal site open for the Orono residents. Bremer indicated she is in agreement with the mayor and that she would rather see curbside pickup offered following a storm rather than having a permanent site. Bremer noted the City of Long Lake offers that service to its residents and the waste management companies also offer that type of service for a fee. Bremer noted the City was not able to offer the curbside service after the recent storms but that it is a service that could possibly be offered depending on the costs. Struve stated he is in the process of compiling an estimate for curbside service and will hopefully have that prior to another storm occurring. Levang commented the difficult part is that Orono is spread over 26 miles and that Long Lake is much smaller. Bremer stated the cost for that service to Long Lake was approximately$5,000 to$6,000. Bremer noted part of the question is whether residents will utilize that service to get rid of other brush that is not related to a storm. Printup commented that would also be a benefit since people would be able to clean up their yards. Bremer stated in her opinion a number of Orono residents would be interested in curbside pickup. Anderson indicated she agrees with the mayor and that she would like to know what the costs are prior to making the site permanent. Anderson commented a disposal site would be nice to have when the need is there. Levang stated she would also like to know whether the City will just be picking up brush or fallen trees. McMillan commented there are a number of issues that will need to be addressed. McMillan commented one of the issues could be that people will leave their brush piles out by the road for a couple of months until the next cleanup day. Printup noted he was reading a newspaper article from 1968 authored by Former Mayor Herb Ross that said they passed a proclamation declaring May cleanup month. Printup stated it appears this conversation has been had at different times in the past. Anderson suggested the City Engineer compile a few options, such as a storm only site or a permanent site,and then hold a public hearing. McMillan commented the way the City handled the storms this time around warked well. Page 12 of 20 MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (9. BRUSHDISPOSAL SITE UPDATE, Continued) Levang noted she did receive a number of comments from Orono residents who were grateful for the site. McMillan stated a permanent site would involve additional costs and additional manpower. Bremer stated she would prefer a permanent site be in a location that could be more easily monitored. Bremer stated she would also like to look at possibly opening up a section on the city hall site a few times a year. McMillan noted if the ash borer hits Orono,that will have the potential of killing the ash trees in the City's right-of-ways and parks and those will need to be removed for safety reasons. McMillan stated the City will need to start budgeting for that now. Levang asked what the anticipated time line is for the ash borers to hit the Orono area. McMillan stated when they find the ash borer;they attempt to confine the ash borer to that area by removing the trees as quickly as possible. McMillan noted the wood cannot be transported. At the present time ash borers have been detected in an area in St.Paul and a small area in Minnetonka. Struve indicated he has not heard of the ash borer being found this far west but that he is aware it has been found around Como Park and Falcon Heights. Communities such as Minneapolis have already taken some pre-emptive cutting of trees and applying preventative treatment to hopefully delay the ash borer. Struve noted the treatment needs to be reapplied every year. Printup stated in this week's Lakeshore Weekly there was some information regarding the ash borer. The City Council directed the City Engineer to compile some options concerning a dump site. 10. CITY LAKE ACCESSES/FIItE LANES Gaffron stated there are approximately 371ake accesses throughout the City and that there was a recent concern raised during an application that snowmobilers were starting out on the access lane and then going over onto to his property due to the steep terrain. Gaffron stated there are a number of pros and cons associated with marking the accesses. Gaffron noted the packet of information contains some information regarding prior discussions on this issue. Levang asked if the main reason for removing the markers is because the residents are concerned about keeping the general public out or the neighbors out of the access lanes. Gaffron indicated he does not know the exact reason why some of the markers have been removed but that generally the residents like the idea that they are private and not that many people know where they are located. Gaffron stated his belief is that the residents do not want the general public to know about it since there will be parking and other issues that will occur. McMillan asked if Staff can go out to the various sites and identify the boundaries with GIS. Page 13 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Monday,July 22,2013 7:00 o'clock p.m. (10. CITYLAKEACCESSES/FIRELANES, Continued) Struve indicated GIS is good when the boundary markers are already located. The City could possibly obtain some coordinates from Hennepin County but the markers may not be very accurate. Struve stated the City would need to locate the property markers first and then shoot them with the GIS,which would be accurate within a foot or two. Struve stated if the Council would like to erect signs, he is not sure whether the City's GIS unit would be accurate enough to locate the exact boundaries. Bremer commented the signs could be located in the middle of the access. Levang asked what type of signs are being removed. Gaffron indicated they consist of a small plaque on a metal post sitting approximately four feet off the ground. McMillan asked if the Council approved the different classifications that the Park Commission compiled a number of years ago. Gaffron stated to his knowledge they have not been adopted. Anderson stated she can recall the meeting and they were not adopted. Anderson stated the Park Commission went through a great deal of work to create the classifications and compile the information. Gaffron stated one of the factors was the cost associated with obtaining surveys. Gaffron stated the other question is that each access lane has different characteristics and are used for different purposes. Some fire lanes are maintained by the adjoining residents and some of them are not an improved right-of-way. Gaffron noted the City has a code that says they should be maintained to the center of the road and in the past the City did have some expectation that people will maintain those corridors. Gaffron stated it is not a surprise when residents then start putting improvements in the fire lanes they are maintaining, which is usually followed by a resident asking why someone is putting improvements in the right-of-way. Gaffron noted the table in the Comprehensive Plan does not necessarily reflect what the Park Commission was attempting to accomplish and mostly denotes what they are being used for. McMillan commented all of the accesses are different and consist of different topography. McMillan asked what a fishing pier is. Gaffron indicated it is a temporary dock that people can fish off of. Levang noted there is an expense to the City for some of these lake accesses, such as at Stubbs Bay where there is a dock and a garbage can. In addition,there is also some mowing performed by City personnel to designate where parking should be located. Bremer stated philosophically she likes the idea of marking them but that perhaps not every one of them needs to be marked depending on the topography. Bremer indicated she likes the idea of making sure, especially for the ones that are easily accessible,that they are open to the public and are public land. Page 14 of 20 . , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (10. CITYLAKE ACCESSES/FIRE LANES, Continued) Bremer indicated she is aware of a fire lane where the adjoining property owner planted a number of very small trees just along the fire lane, and when the property was sold not that long ago,the people who purchased it found out that there lot was not as big as what it appeared to be. Bremer noted the City has not decided to clean up the trees in that situation. Bremer stated the question then becomes how much ownership should the City claim over them,which implies that the City would then assume the responsibility of maintaining them. Gaffron stated there are one or two fire lanes where they run down the middle of two homes and the owners of those properties functionally have to utilize the fire lane. Gaffron stated the idea that people can come through an area that is 15 feet wide between two homes is difficult for the property owners to accept. McMillan asked whether something should be included in resolutions when properties abut fire lanes. Gaffron stated Staff has been looking at that. Gaffron stated when an application was submitted on ivy Place,the fire lane was looked at and the adjacent property owner was required to remove some of the items that were placed in the fire lane. Another application on Highwood dealt with the rebuild of a house, and while there were no private improvements located in the fire lane and it was very obvious that people have been using the fire lane,the person had questions on how to keep them off their property. In different situations the City has allowed the property owner to put vegetation or some other demarcation along the area and in some situations the people maintain the fire lane as yard,which is usually fine with the City. Levang stated in her view at the time a survey is required,that would be a good time to mark the area. Levang commented since each case is unique, a trigger point could perhaps be when a building permit is applied for. Gaffron stated that is one time Staff is focusing on and that there have been two or three applications recently where there have been encroachments into the fire lane. Anderson asked if the property owners are aware that there is a fire lane when they purchase the property. Gaffron stated they should be and that the City has sent out notices to the property owners as well as realtors informing them of the fire lane. Levang stated that should be an automatic trigger. Gaffron stated Staff is sometimes not made aware of the property being sold until after the sale is completed. Bremer stated quite a bit of this information is public information and that it is not necessarily the City's responsibility to notify the new property owners of the fire lane. Page 15 of 20 MINUTES OF THE • , ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (10. CITYLAKEACCESSES/FIRELANES, Continued) Mattick noted it is not common for the City to have fire lanes or roads that have been dedicated to the City that are closed and not open to the public. Mattick stated the City does not need to open the fire lane to the public, but once signage is erected,then the City does have an obligation to make sure it is ready to be used by the public. If there is an area where the Council decides there should be more access to the lake,the City should take the effort to make sure that it is signed and useable. Bremer asked if the City Attorney is saying that simply because it is public land,that does not mean that the public can use it. Mattick stated until the City decides to open it up for public use, it is not intended for public use and that the City can keep certain fire lanes closed until they elect to open it up for public use. Bremer stated the fire lanes that are open for public use should be identified. Bremer stated one of the major points for the fire lanes was to provide access to the lake. Mattick stated the City does not have to open all of the fire lanes. Bremer asked how they would be marked if they are not closed. Mattick indicated the City does not need to mark them closed. Bremer stated unless the City somehow designates them as closed,people who know they are there will assume they are open for public use. Mattick stated that situation is common,but if the City decides that the access is unsafe,the City has the right to close it and vice versa. McMillan asked what the necessary steps would be. Mattick indicated it would depend on the trail. If the City wants to designate it as a public trail,a sign could be erected showing that it is a fire lane, open to the public. Mattick stated as the City examines these fire lanes, if the public is using them,he would encourage the City to ensure they are passable. If there are areas that are not being used,there is nothing further that needs to be done. Bremer asked what effort the City has to make to differentiate between the two and what obligation the City has to mark them. Mattick stated if the City is aware of a fire lane that is being used by the public and it is unsafe,they would need to either close it or make it safer. Gaffron stated there are some fire lanes that are so steep that make it impossible to walk on. Gaffron indicated there is a situation where the City vacated the street but left a corridor to the lake, which is now being used as a drainageway. Gaffron indicated there are some accesses that are barely used and then there are some that are highly used, such as the swimming beaches. The City in those cases has a sign at the very end or a chain blocking access during the winter or a sign saying that access is only allowed in the winter. Page 16 of 20 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. (10. CITYLAKEACCESSES/FIRELANES, Continued) Gaffron noted there is a lot of information in the files as to the topography that provides a rough idea as to whether or not a specific access can be used for a specific use. Anderson stated doing the classification should be addressed. Mattick stated it also depends on how the easement was granted and that the City may want to consider designating some of them drainageways since a walking path could disrupt the natural flow of the water. Gaffron stated to his knowledge a1138 fire lanes located on Lake Minnetonka were designated as public right-of-ways going back a number of decades and that in his opinion they will not find any that are purely an easement. McMillan asked if this is something that can be addressed with the Planning Commission. Anderson commented there is a lot of information already available and that there are some access lanes out there that are not accessible. Gaffron stated it is something the Planning Commission could take a closer look at but that it will likely be six months before a final determination is made. MAYOR/COUNCIL REPORT Levang reported that approximately 15 pounds of radishes and some other produce was picked ftom the donation garden this past week and that they have made their first delivery today to WeCan. McMillan noted the new logo signs have been installed in Navarre and look very nice. McMillan stated she has also received a lot of calls on various issues from residents over the past few months and that she would like to thank Staff for helping her deal with those. McMillan noted there were a couple of issues where there was not a solution for them and they were told the City was unable to help. McMillan commented there are sometimes issues that are outside the City's boundaries and that it is difficult to tell the residents that the City is not able to help them. CITY ADMINISTRATOR'S REPORT *11. NAVARRE CROSSWALK STRIPING PLAN Bremer moved,Levang seconded,to approve the Navarre crosswalk improvements per the attached plan,to be completed by Hennepin County at county expense. VOTE: Ayes 5,Nays 0. Page 17 of 20 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. 12. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Loftus noted the City Council conducted a performance review of the city administrator position on May 13 and that before the Council tonight is consideration of a compensation adjustment. Printup asked how many steps there are in the City's compensation plan. Loftus indicated there are currently six steps for new employees. McMillan noted that was changed after City Administrator Loftus was hired. Anderson moved,Printup seconded,to approve an increase in the City Administrator compensation to Step 4. VOTE: Ayes 5,Nays 0. 13. GENERAL FUND BUDGET INFORMATION � Olson stated the second quarter General Fund summaries have been completed and that this is the first time of the year that the City has a good indication of revenue. Currently revenues are at 58.6 percent of budget, which is slightly higher than what is normally seen at this time of year and is due to the City of Mound paying the entire police contract for the year. Olson noted revenues generally are higher during the second half of the year since that is when the City's share of the property taxes is received. Licenses and permits are also typically higher in the second half. Other governmental revenues are typically received in the fall. Olson noted the revenue for the golf course is way below what was anticipated due to the weather and that the shortfall will not be made up this year. Olson indicated the golf course opened up five or six weeks later than normal. Olson indicated he fully expects by the end of this year the City will be at 100 percent of expected expenditures. Olson stated the one department that will be over budget is assessing,which is at 105 percent of budget. The City has made its final payment and it will not be increasing as the year goes on. Olson stated the original bill from the assessor is an estimate and then at the end of the year the estimate is refined and a final bill is sent. Olson indicated the budgeted amount was$140,000 and the estimated amount was $139,000. Olson stated the final bill was the highest he has ever seen and that he did e-mail the assessor who said the estimate was off because the number of high-valued properties in the community was undercounted. McMillan asked if the assessor's contract should be reviewed. Olson noted it is the first year of a four-year contract. Loftus indicated the other discussion with the assessor that will need to occur is regarding the 10 percent increase in their estimate for next year. Olson stated next year's budget for that line item is $155,000,which is a big increase for one year. Page 18 of 20 MINUTES OF THE � . ORONO CITY COUNCIL MEETING ' Monday,July 22,2013 7:00 o'clock p.m. (13. GENERAL FUND BUDGET INFORMATION, Continued) Loftus note there is an extreme shortage of independent assessors and Long Lake has recently experienced a number of issues with their private assessor. McMillan requested the assessor's contract be e-mailed to the Council. Olson stated the only other department that is currently over budget is the fire department,which is due to the City paying 100 percent of the Wayzata fire contract at this point. Olson indicated that department � should not be over budget by the end of the year. Olson noted that the engineering department continues to save the City money. Levang asked if it is anticipated that engineering will be at 100 percent or less than that by the end of the year. Olson stated it will likely be less than 100 percent. Levang asked if special services will hit 100 percent by the end of the year. Olson noted special services are pass-through fees and that number has been cut for next year's budget. Olson stated the next chart depicts expenditures for the second quarter and are at 49 percent. The estimated taxable values graph shows that home values throughout the City have been declining. Olson commented that hopefully home values have reached the bottom and will increase in the near future. The City Council took no formal action on this item. CITY ADMINISTRATOR'S REPORT Loftus noted the Mayor and the Public Works Director took a trip out to Big Island. Loftus thanked Gabriel Jabbour for arranging to get the docks out on Big Island as well as Niccum for arranging for the removal of two giant cottonwood trees that had fallen,which was an unanticipated expense. Loftus noted last year the City did experience some vandalism to the docks,which delayed putting the docks out this year. Loftus reported she and Council Member Levang attended the CSAH 112 open house on July 1 l. The open house was fairly well attended and the county will be sending out a recap of the comments received. McMillan recommended the City's capital budget include turnback funding. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. *14. LICENSES AND PERMITS None Page 19 of 20 __ ___ _ _ , � MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,July 22,2013 7:00 o'clock p.m. *15 CLAIMS Bremer moved,Levang seconded,to approve payment of the All Fund Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Printup moved,Anderson seconded,to adjourn the Orono City Council meeting at 8:58 p.m. VOTE: Ayes 5,Nays 0. ATTEST: �---- .' � - �. ` ` ,K�a.�..�.c�P /�or�C . � Rachel Dodge,City Clerk Lili Tod McMillan,Mayor Page 20 of 20