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HomeMy WebLinkAbout01-12-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 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 Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Andrew Mack, Senior Planner Michael Gaffron, Planning Coordinator Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Consulting City Engineer David Martini was present. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE The Oath of Office was administered to Mayor Lili Tod McMillan and Council Members Aaron Printup and Dennis Walsh. APPROVAL OF AGENDA Item Nos. 9 and 10 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MINUTES OF DECEMBER 8, 2014 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of December 8, 2014, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None PLANNING COMMISSION COMMENTS — JOHN THIESSE, REPRESENTATIVE Thiesse stated he had nothing to report but would be available for questions. PARK COMMISSION COMMENTS — RICK MEYERS, CHAIR Meyers reported the Park Commission is now up to seven members. Meyers stated Public Works Director Edwards has compiled a Park Commission handbook which helps to codify the City's policies and procedures for the parks. Meyers noted the Orono City Council approved the new park maintenance and beach standards at their December meeting and that the Public Works Department has been performing tree trimming and brush clearing at a number of the city -owned parks. Page 1 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (PARK COMMISSION COMMENTS — RICK MEYERS, CHAIR continuer) Meyers stated he is also here tonight to answer any questions the Council may have on the donation policy which was recently approved by the Park Commission. Walsh thanked the Commissioners for dedicating their time and effort on the Park Commission and encouraged the Park Commission to be proactive. BIG ISLAND REPORT — GABRIEL JABBOUR, CUSTODIAN Jabbour stated the Big Island park project started back in 1972 and that a tremendous amount of work has gone into improving Big Island over the years and establishing conservation easements. Jabbour noted the fund is currently running in the black and that they have compiled a three-year management plan. Jabbour stated during the compilation of the management plan, the committee found that many of the principles put forth in the 1970s still apply today. Jabbour stated last summer an effort was made to help educate the general populace on the purpose of Big Island and the need to preserve this asset. Jabbour indicated some improvements have been made in this regard but that there were still some incidents of vandalism. Jabbour stated the biggest issue at the present time is the garbage that is being thrown in the lake. Jabbour noted Three Rivers Park owns approximately 70 acres and that they have placed rip -rap along the shore and replace vegetation on the area near the cliffs. Following the 4h of July, a number of individuals had to spend three days out there cleaning up the area and replace vegetation. Jabbour indicated the vegetation was beginning to die due to the amount of garbage left there and that they brought in another 50 yards of dirt and replaced vegetation. Jabbour stated the garbage is being generated by the younger people who do not want to take their empty liquor bottles back home. In addition, the committee developed signs alerting the public that motorized vehicles on Big Island are prohibited. Jabbour noted Orono developed a new updated ordinance to make sure proper language was in place to help the Water Patrol prevail in the event they have to appear in court. On Saturday all of the posts were inserted five feet into the ground. Jabbour indicated the nuts for the signs will be welded in an attempt to prevent people from removing the bolts for the signs. Jabbour stated his expectation is that the vandalism will continue but hopefully at a lower level. McMillan stated in her view the lake users are coming to realize the wonderful asset in Big Island. Levang stated the historical pamphlet that has been created on Big Island is also quite wonderful. Levang noted the recent LMCD newsletter had an article on the garbage being left and that it will hopefully help people understand the need to not discard their garbage in the lake. Jabbour stated the beach on Big Island is a very nice beach but that the people who are enjoying the beach will eventually destroy the beach if they continue to discard their garbage in the lake. Jabbour stated the aluminum cans tend to sink to the bottom and zebra mussels are attracted to them. Jabbour stated that is another education piece that should be brought to the attention of the general public. Page 2 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (BIG ISLAND REPORT — GABRIEL JABBOUR, CUSTODIAN continued) Jabbour stated another positive aspect is that some of the people who actually attempted to stop the purchase of the Big Island Park are now supporters of the park and also volunteer their time to help maintain the park. Walsh stated he appreciates all the time that Gabriel Jabbour has put into maintaining and improving Big Island. PUBLIC HEARING — GREEN TREES ROAD SANITARY SEWER EXTENSION — ASSESSMENT HEARING — RESOLUTION NO. 6480 Edwards stated the purpose of this meeting tonight is to review the assessment for the sanitary sewer main and service stubs. Edwards noted a petition was submitted to the City Council in 2013 requesting the work, which then prompted the creation of a feasibility study by Bolton & Menk. The total cost of the project was $100,587.50, which equates to $16,764.58 per unit. Assessment agreements were prepared and five of the six property owners have signed the agreements and returned them to the City. The only agreement that has not been signed and returned is for 1485 Green Trees Road. Edwards stated three attempts have been made to contact that property owner, which have been unsuccessful. The proposed assessments are for a 10 -year term and with an interest rate of 4.5 percent. The assessment will start in 2016. Mayor McMillan opened the public hearing at 7:27 p.m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 7:27 p.m. Mattick noted the residents did approach the City requesting this work and that the one property who has not signed the agreement also signed that petition. Mattick noted the original estimate for the work came in at approximately $20,000 and that the final assessment will be around $16,000. Walsh stated the bottom line is, even if the agreement is not signed, the property owner will be assessed. Mattick indicated that is correct. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6480, a Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Green Trees Road Sanitary Sewer Extension Project. VOTE: Ayes 4, Nays 0. Page 3 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT 3. 2325 GLENDALE COVE — ENCROACHMENT ISSUE Curtis stated a building permit for the new home at 2325 Glendale Cover was issued in September of 2013 and a temporary Certificate of Occupancy allowing the property owners to move into the residence was issued in January of 2014. Due to winter conditions, the site was not completed at that time. The City -approved site plan associated with the permit included one proposed retaining wall near the west side of the home. When the final as -built survey was submitted in August of 2014, it was noted that three additional walls were constructed around the home. One wall extending the width of the property was constructed within the wetland buffer and the drainage and utility easement had been constructed without City review or approval. An additional wall exceeding four feet in height was constructed on the west side of the home and a building permit is also required due to the height. Typically landscape features which vary from the permit -approved landscape plan should have City approval and a zoning permit, which was not done in this case. The wetland buffer area is covered by City conservation and flowage easement and a MCWD wetland buffer declaration. Both documents prohibit construction of structures within the wetland buffer. Upon review of the as -built survey, Staff notified the property owners that one wall was located within the easement area and that it should be removed. Staff further met with the property owners and MCWD staff on November 7 to discuss resolution to the encroachment violation and the final Certificate of Occupancy, which continues to be withheld until the issues are resolved. At that time the Watershed District was willing to offer a compromise solution which involved removing turf and planting native vegetation in the required buffer area but allowing the wall to remain. Following that meeting, the property owners chose to make a formal request for an encroachment agreement with the City. Based on the Watershed District's proposal, Staff is agreeable to allowing all or some of the retaining wall within the easement area to remain subject to the requirement that the property owners enter into an encroachment agreement with the City. The encroachment agreement would allow the City to require the property owners to remove the encroachments if the encroachments become an issue in the future. If the wall remains, the property owners should comply with the requirements of the MCWD regarding establishment of native buffer vegetation. The property owners have provided a statement from a structural engineer regarding the wall exceeding four feet in height on the west side of the home as requested. The property owners should apply for zoning and building permits and pay the after -the -fact fees to address the walls constructed that were not shown on the approved building permit survey. If the Council determines it to be appropriate, the City Attorney can draft an encroachment agreement for consideration at a subsequent meeting. Curtis stated Staff is looking for direction regarding the encroachment agreement. McMillan asked if the buffer specifications will be worked out with the Watershed District and not involve the City. Page 4 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (3. 2325 GLENDALE COVE — ENCROACHMENT ISSUE continued) Curtis stated to her knowledge the City will not be involved in that unless the Council has a certain preference for what they would like to see planted in that area. Curtis stated to her understanding the Watershed District will require native species. McMillan asked if the City would have required anything for the buffer area as part of the subdivision even if there was no wall there. Curtis stated at the time this development was created, the Watershed District had allowed some filling or some impacts to wetlands and wetland buffer areas. The areas that were considered buffer replacement areas were expected to be vegetated by the MCWD and the City, which was not done in this case. Levang asked if the documents specify that. Curtis stated the Flowage and Conservation Easement does specify that. Casey Hoehn, property owner, stated they closed on their house the end of January of 2014 and subsequently moved in. The retaining walls were not part of the original survey from the builder since they were not sure what they were dealing with exactly. Hoehn stated in the spring they elected not to go with the builder's landscaper and instead hired their own landscaper. Hoehn indicated they then approached the Watershed District. Hoehn stated since it was a wetland buffer area, it was his understanding the regulations of the Watershed District supersede the City's regulations. There was some back and forth with the Watershed District on the buffer area and they performed some site visits. Hoehn stated they informed the Watershed District that they would like to construct a retaining wall in an attempt to address some severe erosion controls. Hoehn indicated they did receive verbal approval from the Watershed District for that wall and that it was not until after the final inspection by the City that they found out the wall was an issue. Levang stated she appreciates the letter submitted by the Hoehn's and that it does appear they were proactive in this matter. Levang stated she does have a question about their letter under the recommendation section. Levang noted the letter states, "We will also work with the MCWD on a cost effective compromise with seeding natural grasses and vegetation in agreed upon locations..." Levang stated in her view compromise is not the right term and that they will need to comply with what the MCWD requires. Levang stated the Council needs to be assured that they will do whatever is necessary to protect the wetland and buffer areas and that the language she read sounds a little equivocating. Hoehn stated when he said compromise, he was speaking more to a cost effective solution. Hoehn stated under the approval of the Watershed District, they were provided a boundary, which is depicted in the pictures as the second silt fence. Hoehn indicated they then used that as our boundary. Hoehn stated he would be willing to replace certain areas with natural grass but that he has already incurred the cost of sod and irrigation. Hoehn stated he was hoping he could speak with the Watershed District about a possible compromise where he would not have to tear up all the sod. Page 5 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (3. 2325 GLENDALE COVE — ENCROACHMENT ISSUE continued) Mrs. Hoehn stated they want to be respectful of the wetland. Hoehn stated following the verbal approval, they went ahead and spent the money on the additional structures only for them to come back and say that it needs to be removed. Hoehn stated it is based on financial concerns and frustration on their part. Mr. Hoehn stated the lot does offer some seclusion with the wetlands and that they want to go out of their way to make sure that it is preserved. Hoehn indicated the part of the wall that is in the wetland buffer is the very tip of the concrete pad and the rest is in the buffer replacement area, which is land that was designated by the developer. Levang asked how amenable they are to removing the fire pit. Mr. Hoehn stated they were working within a certain boundary and that there was a substantial cost to that structure. Hoehn stated there are probably two rocks that are in the wetland buffer itself. Hoehn noted according to City ordinances, the buffer is now at 35 feet but at the time they purchased the property, their title documents reflect 25 feet. Hoehn stated he measured from the boundary stake for the wetland boundary and the closest rock encroaches by roughly 2.5 feet. Walsh stated he appreciates all the documentation that has been submitted and that it is very obvious that they were proactive. Walsh stated it appears the Watershed District failed to mention that they need to follow up with Orono. Walsh stated given the different layers of regulations, it can become confusing. Walsh stated if the Watershed District agrees to whatever form of buffer replacement or are willing to compromise, he would be fine with that. Walsh stated he would rather have citizens who are attempting to be proactive up front rather than citizens who do not make that attempt. Mr. Hoehn stated the Watershed District inspected the property twice and that they had every opportunity to post the boundary or provide a map showing the location of the wetland. Hoehn stated the heartache comes from having to remove something that you paid for while working under the direction of what they thought was the appropriate agency. McMillan asked if they have a final agreement with the Watershed District Mr. Hoehn stated nothing has been finalized at this point and that they basically received a letter outlining the meeting they had previously. Curtis stated the letter is included in the Council's packet and indicates that the Watershed District would like the buffer area to be native grasses. McMillan stated there are two buffers here, the regular wetland buffer and the buffer replacement area. McMillan noted the buffer replacement area replaces wetland that was filled on another lot, which is tough for these property owners since they lose some of their back yard. Mr. Hoehn noted the wall has a very minimal impact to the wetland buffer Page 6 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (3. 2325 GLENDALE COVE — ENCROACHMENT ISSUE continued) McMillan stated she was wondering whether there is a final agreement with the Watershed District about what will be planted and the location of the buffer. Mr. Hoehn stated the black line is the wall. McMillan asked if he is being asked to remove the sod Mr. Hoehn stated to his understanding he is in that area and that he would like to compromise on the other side. Hoehn indicated he is willing to do buckthorn mitigation and other things to help offset that. McMillan stated from her point of view, whatever plan that is worked out with the Watershed District is fine, but that she had thought the Council would be seeing a final plan from the Watershed District tonight. McMillan indicated she would like to see that if the City goes ahead with an encroachment agreement. Mr. Hoehn asked if the easement area behind the house could be designated to take the place of any area that is impacted currently. Hoehn pointed out the easement on the overhead. McMillan stated to her understanding that is not part of their property and that it would be difficult to use that. Gaffron stated the sewer easement goes from west to east behind the property McMillan stated sometimes the Watershed District will agree to move the wetland buffer but that she cannot speak for them. McMillan suggested they speak with the Watershed District and come up with a formal plan. Walsh stated he would not be opposed to having the motion state subject to. Levang stated she would like to see the plan so everyone understands what is going to happen since the City does need to sign off on the encroachment agreement. Printup moved to direct Staff to draft an encroachment agreement allowing the entire retaining wall subject to compliance with the regulations the Minnehaha Creek Watershed District would require for establishment of the native vegetation. Mattick stated the encroachment agreement would come back to the City Council at approximately the same time that the plan with the MCWD is finalized. Walsh seconded the motion. Walsh stated he does not want to penalize the Hoehn's with after -the -fact permit fees due to the unknown origin of the permits. Walsh noted the Hoehn's thought they were dealing with the right people. Printup stated he would accept that amendment to the motion. (3. 2325 GLENDALE COVE — ENCROACHMENT ISSUE continued) Page 7 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. Printup moved, Walsh seconded, to direct Staff to draft an encroachment agreement allowing the entire retaining wall subject to compliance with the regulations that the Minnehaha Creek Watershed District would require for establishment of the native vegetation, with waiver of the after -the -fact permit fees. Printup stated what he hears loud and clear from this application is that it is very familiar to another application that had a fire pit encroachment. Printup stated his concern is that the municipality is not coordinating well with the Watershed District. Printup stated he would prefer to error on the side of people who are being proactive and attempting to do the right thing only to be stopped in their tracks by all of the bureaucratic paperwork. Printup stated the question is how the City can work better with the Watershed District. Printup noted the City Council has talked about that before and that is what concerns him with applications of this type. Levang stated Staff has been working hard over the years to establish a good working relationship with the Watershed District. Levang stated if someone looks at the flowage and covenants, it was very clear what should have happened with the property and that the property owners should have realized it was their responsibility to understand all the conservation easements and covenants and that the property owners should have been apprised of those things at the time they purchased the property. Levang stated the property owners need to understand exactly where their property boundaries are and that Staff has worked very hard to develop a strong relationship with the Watershed District. Mack stated he does not see this issue as a conflict with the Watershed District. Mack stated the Planning Department has discussed this very thoroughly and have actually instituted some measures that will help prevent this from happening in the future. Mack stated the changes have to do with the way landscaping occurs on a site and whether it is part of the original building permit or not. Mack stated those changes will help make sure the homeowners are not caught in this type of situation in the future. Mack stated this situation involved different contractors and a lack of clear understanding of what was on the survey. McMillan stated at times the developers fail to inform the property owners that certain areas have covenants over them or fail to notify them of a wetland buffer. McMillan stated it is very difficult for the average person to understand how those lines are formed since they are often determined by soil types and that when the lots are sold, they are not always marked. McMillan asked for clarification on the fee. Curtis stated a building permit is required for the wall exceeding four feet in height as well as a zoning permit for the lower wall. The zoning permit is a $50 permit and the building permit is a sliding fee based on the cost of the project. Curtis stated the double fee is for the after -the -fact permits. VOTE: Ayes 4, Nays 0. Mattick noted this application will be brought back before the City Council at the time a plan is finalized with the Watershed District. Page 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (PLANNING DEPARTMENT REPORT continued) Mack noted the Planning Commission met in a joint work session last Wednesday, at which time a discussion was held regarding code revisions. The Council has received the preliminary draft of the code (PLANNING DEPARTMENT REPORT continued) revisions and Staff is in the process of updating them. Staff expects to present the revisions at the next City Council work session. Mack noted some of those items will need to be scheduled for a public hearing prior to the City Council meeting. Mack reported he met today with the Navarre Community Initiative Group in follow-up to the meeting in Navarre with Blue Cross/Blue Shield. Mack stated he is presently putting together a grant application as part of that, which includes some letters of recommendation. Mack indicated he hopes to have a draft document for the City Council in support of that. In addition, a second meeting is being planned to move forward with the particulars of the project as well as a draft budget. The meeting is scheduled on January 27 at 6:30 p.m. Mack stated the location of the meeting has yet to be determined. Mack noted they had approximately 40 people in attendance at the last meeting. Walsh asked if he received any calls or feedback from the articles in the newspaper. Mack indicated he did receive a couple of calls and that there is strong interest in this endeavor. Mack indicated he is happy to have a number of people involved in this project and that it will take a lot of volunteer effort to put this together. Mack stated they are looking at multiple activities as part of this request and that the meeting on January 27 will help shape those ideas. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 4. PARK DONATION POLICY Edwards stated the Park Commission has been working on the donation policy for the past several months and before the City Council tonight is the policy that was approved at the Park Commission's January meeting. The donation program is focused at providing an easy mechanism to allow citizens to donate money and or items to the city -owned parks, such as a park bench, picnic table, or a bike rack, which have a fairly set price. The policy also allows for special donations that would be particular to a park and/or donor. Edwards stated if the Council approves the donation policy, it will be posted on the City's website and available to citizens. McMillan stated in her view it is a good policy. Walsh commented that it is well done. Page 9 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (4. PARK DONATION POLICY continued) Levang noted she did make a few editing changes which were provided to Mr. Edwards and Chair Meyers and that they were fine with the changes. Levang stated if there is room in the spring newsletter, they will have an article on the donation policy as well as provide a link where people can access the policy. Printup noted some of the City -owned parks have benches that were built by the Boy Scouts. Printup asked whether those would be replaced. Edwards stated the bench depicted in the policy is a generic, standard bench for parks. Edwards stated unless there was a specific reason to vary, such as at the playground parks that have a specific color theme, this is the bench that is being recommended. Edwards indicated the Park Commission wanted to have something that was fairly standard. The bench depicted has grey metal trim recycled boards which will correspond with the existing color scheme at some of the parks. Printup stated in his view the policy is thorough and easy to understand. Meyers stated in certain instances some things may not necessarily fit the style of the selected park by the donor. Meyers stated the Park Commission would like a standard picnic table and bench at every beach and that currently the City has a mishmash of shapes and colors. Meyers indicated those would be eliminated first and that the still serviceable tables would remain for the foreseeable future. Meyers stated the wood tables are becoming deteriorated and do not hold up to the weather well and would likely be replaced first. Meyers stated he would like to put one of the tables at one of the beaches so people can be directed to a specific park if they would like to view them first. Meyers stated it is the Park Commission's intent to stay with the existing color schemes at the playgrounds. Walsh stated the Park Commission has done a great job at putting this policy together, and that as a show of support, he would be willing to purchase the first picnic table. Levang moved, Walsh seconded, to approve the Orono Park Donation Policy. VOTE: Ayes 4, Nays 0. 5. WATER TREATMENT SYSTEM IMPROVEMENT Edwards stated in May of 2013, the City Council authorized Bolton & Menk to perform a comprehensive review and plan for the City's municipal water system. That review has been completed and a plan was approved. Subsequently the Council approved bonds to enable the City to conduct the water improvements. Edwards stated one of the improvements has already been completed, which was the painting and rehabilitation of the water tower. The second phase of the improvements consisted of the improvement of the actual treatment facilities on both the north and south water systems. Page 10 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (5. WATER TREATMENT SYSTEM IMPROVEMENT continued) Edwards stated the estimate received from the engineer approximately one year ago was for roughly $450,000. hr December the City opened the bids for the project and the low bid came in at $625,000. Edwards stated the significant difference between the estimate and the low bid is likely the result of an increased scope of work and increased construction costs in the industry given the fact that the estimate was prepared a year ago. As part of the bid process, four bids were received and the low and acceptable bid was for $625,000. Edwards stated he would like to point out that three bids were tightly grouped together and one that was $100,000 higher than the other three. Edwards stated three of the bids were within five percent of each other, which represents a true and reasonable cost of what is being requested to be done. Edwards stated the general scope of the project includes the Navarre site, which consists of improving the chemical feeds in the right proportions at the right time. In addition, improvements are required in order for the City to be able to comply with the Health Department standards for separation of chemicals. At the present time the chemicals are stored in the same compartment, which is no longer permitted and poses a risk to the workers who are operating the facilities. The final improvements include a number of facilities improvements. Edwards stated since the chemicals are corrosive, some of those materials need to be upgraded and repaired. Edwards stated also as part of the bidding process, they did include a few alternates for transducers an higher quality chemical feed capability. Edwards indicated at the present time the workers have to take a tape measure, put some chalk on it, and stick it down the well, which can potentially introduce pathogens into the water. Edwards stated his recommendation is to accept and authorize the contract work. McMillan asked if the City is saving money by doing both treatment facilities at approximately the same time. Edwards stated that will save some money because there are reduced mobilization costs but that he does not know the exact amount at this time. Walsh asked if there were people who did not bid on the project but inquired about the project. Seth Peterson, Bolton & Menk, stated there were four bidders on this project and typically this type of work requires very specific contractors. Peterson stated if every one of those contractors bid on this project, the City would likely have received five or six bids. Peterson noted the City received bids from four of the main six contractors in the area that bid on this type of work. Walsh asked where the list of bidders came from. Peterson indicated they put it out for public bidding. Walsh stated he would like to see a more proactive approach taken by the City in procuring bids. Walsh stated as an engineering company, they likely have a list of different contractors that they have worked with in the past and that they likely have refined that further to five or ten top contractors. Page 11 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (5. WATER TREATMENT SYSTEM IMPROVEMENT continued) Peterson stated there was a contracting firm that did not bid on the project even though they are one of the top bidders. Peterson indicated he did call them up and they said they are too busy right now and will not be submitting a bid. Walsh stated he would like the City to develop and maintain a list of contractors, the cities the worked in, and their performance. Walsh stated he would prefer the City to actively advertise projects to potential contractors rather than just putting the project out there and waiting to see who bids on it. Walsh stated a lot of times the engineer will know who is busy and who is not. Staff needs to work getting the word out as hard as they can because the City only has limited funds. Martini stated they attempt to be smart as it relates to the time the bid process is started to make sure they are optimizing the best deal. Martini stated for all the work they do, they generally are monitoring those lists so they can be following up and see if there is somebody who might be interested in the project. Walsh stated under No. 3 in Staff's report, he noticed the sentence that says "This is below the normal engineering oversight costs of 20 percent of construction." Walsh stated in his view that is a very high number and that he is not sure where that comes from. Edwards stated he looked at what the rule of thumb is for oversight construction fees and that they are typically under 20 percent. Martini stated that is not how the proposal was put together and that they generally attempt to look at the work that is anticipated, figure out staff time involved, and compute it that way. Martini stated at times they sometimes will do that math and compare the projected engineering fees to the costs to get a feel for how this project compares to others. Edwards stated the engineer's proposals are basically an hourly based proposal and that he threw that in there simply as a check, because if it is over 20 percent, it would be a red flag. Levang moved, Printup seconded, to award the contract to Municipal Builders, Inc., in the amount of $625,000 and approve the construction phase services to Bolton & Menk in the not -to -exceed amount of $40,800. VOTE: Ayes 4, Nays 0. 6. 2015 GOLF COURSE FEE SCHEDULE McMillan stated she is glad to see that 2014 was a good year for the golf course Walsh stated the revenues look good for last year, and given the loss of some of the other local golf courses, it looks good for 2015. McMillan stated the only change she would like to make to the 2015 fee schedule is to eliminate or reduce the junior fees. McMillan stated in her view the fee schedule is a very good solution to some of the problems the golf course has faced in the past. McMillan suggested the junior fee for 18 and under be reduced from $12 to $10, the junior season pass be reduced to $260, and that children under 12 could play Page 12 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (6. 2015 GOLF COURSE FEE SCHEDULE continued) for free with an adult. McMillan stated she would like to promote the Orono Golf Course as a place where younger children can play as well as being family friendly. Edwards noted the majority of the season pass holders are senior citizens. Edwards stated reducing the junior rate would probably not impact the revenues very much but that he would not recommend reducing the senior passes since that accounts for over 50 percent of the revenue. McMillan stated she is not interested in reducing the senior passes and that she is merely attempting to promote more use of the golf course by junior players by decreasing the rates slightly. Levang stated she is fine with the changes. Levang stated one of the things that they noticed in 2014 was the increase in younger people playing at the golf course. Levang stated in order to achieve longevity for the golf course, they need to encourage the young players. McMillan stated a 9 -hole course is a great opportunity for younger people to go out and try Walsh stated he is also agreeable to making it more family friendly. Levang moved, Printup seconded, to approve the 2015 fee schedule for the Orono Golf Course with a 25 percent increase to the season pass rates, eliminating the league fee and pass cards while keeping all other fees at their 2014 levels, reducing the junior fee for 18 and under from $12 to $10, reducing the junior season pass to $260, and allowing all children under the age of 12 to play for free if accompanied by an adult. VOTE: Ayes 4, Nays 0. 7. 2015 ENGINEERING SERVICES RATE SCHEDULE Edwards stated before the City Council tonight is the proposed 2015 Bolton & Menk rate schedule. Also included in the Council's packet is the City's 2012 contract with Bolton &Meek. Edwards stated the rate increase represents a 3.1 percent increase from the rates paid in 2014. Edwards noted the rate schedule includes two different sets of rates that Bolton & Menk charges the City when providing services. The first is the general day-to-day engineering consultation, which is remaining the same. The rate that is increasing is when Bolton & Menk is asked to do project development, such as taking over the water treatment supervision of construction. Edwards recommended approval of the 3.1 percent increase, noting that it is in the same range of other construction related consultants over the last year. Levang stated she is comfortable with the rate increase and that Bolton & Menk has done a wonderful job over the past two years. Walsh stated he does not have any issues with the rate increase. Walsh indicated he did have a couple of comments on the contract itself. Walsh stated under Section 4, General, Page 5, he would like to make sure the City is named as an additional insured under all of Bolton & Menk's insurance policies. In addition, on Page 6 under reuse of documents, Walsh stated he would like to make sure that it specifically Page 13 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (7. 2015 ENGINEERING SERVICES RATE SCHEDULE continued) says all plans and drawings put together by Bolton & Menk are the property of the City in terms of ownership of those documents. Martini stated he is not prepared to address that language tonight but that Bolton & Menk will look at that to address Council Member Walsh's concerns. Walsh stated if the City needs to reuse those documents and Bolton & Menk is no longer the City's engineer, it would require the City to fust obtain the permission of Bolton & Menk. Walsh moved, Printup seconded, to approve the 2015 engineering services rate schedule for Bolton & Menk, subject to adding the City as an additional insured on Bolton & Menk's insurance policies and subject to naming the City as the owner of all plans and drawings created by Bolton & Menk on all Orono projects. Martini stated he will need to meet with the people at his firm to discuss the proposed changes in the contract. Mattick noted any and all documents prepared by Bolton & Menk are public documents at this point but that it is a good suggestion. Martini stated to his understanding Bolton & Menk has some standard language that probably fits that which can be incorporated into the document. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Edwards provided a quick update on the work of the Publics Works Department at the various city -owned parks. Edwards stated during the winter months the first priority of the Public Works Department is to keep the roads safe and clear of ice and snow. The second priority is to work on the parks and the third priority is to maintain the equipment. The Public Works Department was also able to complete all of the annual service work on the golf course equipment and in the next two weeks will be doing the DOT certifications on the City -owned vehicles. MAYOR/COUNCIL REPORT Walsh thanked Andrew Mack for coordinating the Navarre Initiative with Blue Cross/Blue Shield and that a lot of great ideas came out of that meeting. Walsh stated the City Council has already spoken in a work session about changing some of the codes to make it easier for residents to get permits through the process for basic remodeling work. Walsh stated he would like to encourage Staff to find more ways to make the process easier for the citizens without them having to come before the City Council. Page 14 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (MAYOR/COUNCH, REPORT continued) Walsh stated the third item relates to a city policy issue that is more of a wait and see approach from a zoning perspective regarding waiting for people to complain before the City takes action, such as having too many signs out. Walsh stated in his view he does not feel that is a good policy from a long-term perspective and that he would like the City to be more proactive in situations where they know there are issues. Walsh stated he is aware of citizens that have made complaints on neighbors and that those neighbors are then told who complained on them, which has a chilling effect. Walsh stated if those things do not get resolved, it gives the impression that the City does not care about those policies and it tends to have a ripple effect throughout the City. Walsh stated his last item deals with public comments at the meeting. Walsh noted the City Council's agenda has language stating that people can talk about items not on the agenda, which inherently says that when an agenda item comes up, that the person will have an opportunity to talk about that item. Walsh noted he has spoken with Mayor McMillan about this before and that the Mayor indicated she does not think she has an obligation to ask for public comment. Walsh stated the biggest problem with that is the public expects they can have input on an application and that the public comment section is the only time they can do that. Walsh stated in his view the Mayor should ask for public comment before any motion or vote is taken. Walsh stated while that might make the meeting longer, the Council Members are here acting as public servants and they need to make sure the public has their say. Walsh indicated he would like to talk about this at the next work session or next City Council agenda and amend Section 2-40, Subsection B where it says that the City has adopted Robert's Rules of Order. Walsh stated the only problem with that is that Robert's Rules relate more to parliamentary procedure and not to a small city government, but that the City Council owes it to the citizens of Orono to have that in there. Levang reported she attended the Highway 12 turn back meeting held several weeks ago. Representatives of Long Lake and Orono were there as well as representatives from MN/DOT. The group mainly talked about the streetlights and eventually came to an agreement about the style of the lights. Levang stated the design chosen for the streetlights will be the same as what Orono installed in Navarre. The group also talked about potential road closings and how to handle that from a safety perspective. Levang noted Jim Cornick will now be the representative on that committee and that Mr. Edwards and Jessica Loftus are on the committee as well. Levang stated she attended the demonstration project from Blue Cross/Blue Shield and that in her view it was a very good meeting. Levang stated the City received a number of good ideas as well as some good press on that. Levang indicated she will put the next meeting on her calendar. Levang reported the communications committee met in December and that they are in the process of preparing the next newsletter. Levang stated as it relates to the donation garden, she received a very nice letter from WeCan thanking the volunteers for all their hard work. (MAYOR/COUNCIL REPORT continued) Page 15 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. Levang stated this year they were able to contribute three-quarters of a ton of fresh produce to WeCan and one-quarter of a ton to the Gillespie Center. Levang stated a significant amount of effort went into producing that amount of food. Levang noted she did sit in on the Park Commission's last meeting and attended part of their work session. Levang stated in her view the donation policy was very well done and that she is glad the Commissioners were able to dedicate the time required to create the new policy. The Park Commission has been in the process of touring some of the parks and is in the process of compiling a list of items that can be done this spring. Printup stated he would like to thank Diamond Surface for installing the rumble strips on Highway 12. Printup stated he would also like the City Council to begin to explore the idea of videotaping the Planning Commission meetings and that perhaps that discussion could be started at the next Council work session. Printup noted the City Council meetings have been videotaped for the past four years. McMillan asked if the Highway 12 Safety Coalition Committee will be meeting again soon. Printup indicated they just met last week and that Chief Famiok is not present tonight to provide an update. Levang stated it would be interesting to hear what kind of feedback they received on the rumble strips. Loftus stated Diamond Surface was not able to repaint the centerline, which will be done in the spring, and that the committee will be bringing a request to add rumble strips on the shoulder as well. McMillan noted the City received a thank you letter from the Pioneer Museum for hosting the City's 125`s anniversary there. McMillan noted there was a police commission meeting on December 17 and that it has been another successful year for the police department. CITY ADMINISTRATOR'S REPORT 8. ANNUAL APPOINTMENTS — RESOLUTION NO. 6481 Loftus stated before the City Council tonight is a draft resolution for the annual appointments. The newly elected officials have been added. Loftus noted one of the bigger changes is that Gabriel Jabbour will be the new LMCD representative. McMillan noted the Park Commission chair is new and that she would like to add Rick Meyers' name to that position. Page 16 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (8. ANNUAL APPOINTMENTS — RESOLUTION NO. 6481 continued) Walsh stated he does not have any issues with appointing what the City has currently proposed but that going forward he would like to re-examine a few of them. Walsh stated he would like to re-examine at some point the appointment of Ken Potts as the City's lead prosecutor. Walsh stated in his view the City has received poor service and that he would like to see that changed in the future. Walsh stated he also noticed there is a memorandum dated December I 1 that says, per the request of Mayor McMillan, letters were sent to request bids for the area newsletters. Walsh stated it is his hope going forward that the City does not request to change vendors and then in the same breath say, because you have not done this for me, I am going to go out and reanalyze the bids. Walsh stated in his view it does not look good and that he personally thought it was inappropriate. Walsh stated he does not feel it should look like they have a quid pro quo attitude at the City. Levang stated the communications committee decided to make that change and not the Mayor. Walsh noted the Mayor talked about it at the City Council meeting, which is what he was referring to. Levang indicated that is not an issue for her. Walsh stated he has an issue with it when the Mayor brings it up in the same breath. McMillan stated one of the issues with the area newspapers is that sometimes they stop delivery. McMillan noted she used to receive the Pioneer but no longer does and that it is good to occasionally check what the newspapers' delivery patterns and circulation are. Walsh stated he is fine with that. McMillan stated it is good every now and then to do RFPs, especially when there are changes in delivery and that the City needs to keep on top of that. McMillan asked if Council Member Walsh would like City Staff to prepare discussion of an RFP for prosecuting attorney at a work session. Walsh stated that is correct. Printup moved, Levang seconded, to adopt RESOLUTION NO. 6481 , a Resolution Designating Selected Appointments for the Year 2015 with the addition of Rick Meyers as the Chair of the Park Commission and to direct Staff to prepare an RFP for prosecuting attorney for discussion at a future work session. McMillan stated she would like to thank Andrew McDermott for his nine years of service on the LMCD and for his very informative updates at the Council meetings. McMillan stated she is looking forward to working with Gabriel Jabbour and that she has worked with him for 18 years on lake issues. McMillan noted she was the LMCD representative at the time he was the Mayor. McMillan stated she knows firsthand how much Gabriel Jabbour cares for Lake Minnetonka and the people who use it. (8. ANNUAL APPOINTMENTS — RESOLUTION NO. 6481 continuer!) Page 17 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. Levang recommended a certificate or resolution of appreciation be prepared for Andrew McDermott Loftus stated he will be part of the annual recognition banquet at the LMCD. VOTE: Ayes 4, Nays 0. (CITY ADMINISTRATOR'S REPORT continued) Loftus stated performance evaluations for City Staff are due at the end of the month. Loftus reported the City's auditors are in process of reviewing the City's 2014 financials. Orono did receive notification that the City's 2013 financial statements qualified for a certificate of achievement for excellence, which the City has received for the past several years Loftus stated last week the Planners put together some fourth quarter building permit information which was distributed to the Council. Loftus stated the information shows an uptick in home building in the area and that 44 new homes were permitted in 2014, which was the highest in ten years. Loftus noted Hennepin County has applied for safety funding for the intersection at County Road 15 and County Road 19 in Navarre. Loftus stated Hennepin County is hoping to make some improvements to the alignment and the traffic signal at that intersection. Loftus stated any safety funding received by Hennepin County would help move that project up on the County's CIP. Loftus noted the City Council should have received a hard copy of the 2015 budget and that the Council Members will also be receiving an updated emergency card. *9. ORONO POLICE GARAGE — PAY REQUEST NO.4 Levang moved, Printup seconded, to approve Pay Request No. 4 for the contractors working on the Orono Police Garage Project in the amount of $270,678.05. VOTE: Ayes 4, Nays 0. *10. LICENSES & PERMITS —RESOLUTION NO. 6482 One Day Gambling — Resolution No. 6482 1. Orono PTO Raffle Mid -Winter Fun Fest — Orono Middle School Saturday, February 7, 2015 Annual Tobacco Licenses 1. Lee Thomas Walters — Wayzata Country Club 200 Wayzata Boulevard West 2. Richard J. Wood — Navane Liquors 3421 Shoreline Drive Page 18 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (*10. LICENSES & PERMITS — RESOLUTION NO. 6482 continued) Jeffrey Stuart Kringen — Spring Hill Golf Club 725 County Road 6 4. Leroy David Koehnen — Navarre Minnoco 3360 Shoreline Drive Levang moved, Printup seconded, to approve the above listed licenses and to adopt RESOLUTION NO. 6482, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono PTO for a One -Day Gambling Permit. VOTE: Ayes 4, Nays 0. *11. CLAIMSBILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Printup moved, Walsh seconded, to adjourn the Orono City Council meeting at 8:49 p.m. VOTE: Ayes 4, Nays 0. ATTEST egs, CiTy Clerk � a Lili Tod McMillan, Mayor Page 19 of 19