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HomeMy WebLinkAbout05-27-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 1 of 23   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, Finance Director Ron Olson, Assistant City Administrator of Long-Term Strategic Planning Michael Gaffron, Public Works Director/City Engineer Jesse Struve, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. OPENING PRESENTATION 1. DEDICATE PLAQUE HONORING CHIEF JOSEPH ORONO President, Larry Sisk stated the Sons of the American Revolution are dedicated to preserving the history of Orono’s patriotic ancestors and of America through family ancestry. The Sons of the American Revolution also supply important information about American history to students, award medals to ROTC candidates, and help preserve the history about the founding of Orono. Chief Joseph Orono was the leader of the Penobscot Tribe in Maine who gallantly supported the Americans during the Revolutionary War. In 1806, Chief Orono’s efforts were recognized by naming the Penobscot River Valley Township in his honor; thereby creating Orono, Maine. New Englanders who settled on the shores of Lake Minnetonka bestowed the name Orono on the new township at its creation in 1889, and 2014 marks the 125th anniversary of Orono. Sisk stated they are here tonight to honor Chief Joseph Orono, who had a French father and a Penobscot Indian mother. Chief Joseph Orono sided with the Americans and believed in the concept of freedom. Sisk, on behalf of the Minnesota Society of the Sons of the American Revolution, presented the City with a plaque honoring Chief Joseph Orono. Mimi Bendickson, Daughters of the American Revolution, stated their organization is interested in keeping American history alive and promoting patriotism. Matt Bendickson, President of the Children of the American Revolution organization, invited the audience to a pancake breakfast benefit being held at the Wayzata Depot on July 4. Bendickson stated the proceeds go to patriotic charities and other events involving veterans and their families. Printup stated by being a member of the Sons of the American Revolution, he has learned about Chief Joseph Orono and how Orono was founded in his honor. Printup stated the history of Orono also includes someone named George Brackett, who settled the area of Brackett’s Point in 1880. Brackett’s Point was originally named Starvation Point. George Brackett came from the region of Orono, Maine, and when this area was initially settled, it reminded George Brackett of his boyhood town and they named the area Orono. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 2 of 23   (1. DEDICATE PLAQUE HONORING CHIEF JOSEPH ORONO, Continued) McMillan stated the City of Orono, Minnesota, received the following letter from Orono, Maine: Dear Mayor McMillan and Orono City Councilors. Greetings from Orono, Maine. On behalf of the Orono Town Council, our staff and citizens, I want to congratulate you as the City of Orono, Minnesota, celebrates its 125th anniversary. We appreciate your invitation to attend the upcoming dedication event honoring our namesake Chief Joseph Orono. As we dedicate the beautiful plaque donated by the Minnesota Society of the Sons of the American Revolution, we hope that you will remember Chief Orono as a wise and just leader. He was instrumental in securing the entire Penobscot River Valley where the town of Orono, Maine, was eventually settled, named in his honor and created a community so beloved that your settlers chose to honor your township with our shared name. We wish that we could join your celebration and hope that you enjoy this special opportunity to reflect on your abundant history and dreams for the future. McMillan stated on behalf of the Orono City Council, she would like to accept the plaque honoring Chief Joseph Orono, and noted the plaque will be on display at Orono City Offices. 2. POLICE EXPLORER PROGRAM RECOGNITION Chief Correy Farniok stated Law Enforcement Exploring is a program sponsored by local law enforcement agencies to provide career information and scholarship opportunities to students aged 14 to 20. Each year the Explorers test their skills and training at the Minnesota Law Enforcement Conference. Farniok noted, this year seven young men and women representing law enforcement attended the awards banquet held in Rochester. Farniok stated these seven explorers did an outstanding job at the conference and took away a number of awards. Farniok noted approximately 800 explorers attended the conference and that Orono’s team was one of the smaller ones. Farniok stated they would like to introduce the explorers to the City Council and honor their accomplishments at the conference. Officer Jane Szczepanik stated this is her third year as an explorer advisor. Officer Szczepanik introduced the following Orono Police Explorers on Team A: Bryce Martin, Carver Christianson, and Carter Hendrickson. Team B included Ethan Salinas, Dylan Rimas, Ben Wenande and Brandon Wenande. Officer Szczepanick stated it is not uncommon for most teams not to place in any of the events or categories but Orono was able to win awards in the following group competitions: Fourth place in Emergency Management, fifth place in report writing, fourth place in arrest and search, fourth place in interview and interrogation, second place in emergency first aid, second place is bomb scene search, and first place in crime prevention. In individual competitions, Ben Wenande received the Shawn Silvera Memorial Award Scholarship and a $750 scholarship and Bryce Martin took home first place in the obstacle course. Mayor McMillan commended the explorers on their accomplishments. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 3 of 23   APPROVAL OF AGENDA CONSENT AGENDA Item Nos. 9, 10, 13, 14, 15, and 16 were added to the Consent Agenda. Levang moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. REGULAR CITY COUNCIL MEETING OF MAY 12, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of May 12, 2014, as submitted. VOTE: Ayes 5, Nays 0. SALE OF BONDS 4. SALE OF GENERAL OBLIGATION BONDS SERIES 2014A – RESOLUTION NO. 6405 Nick Anhut, Ehlers & Associates, stated the City of Orono has maintained its Moody’s AAA rating. Anhut stated he would like to highlight various points from the report prepared by Ehlers. Moody’s remains positive about the economic strengths of the City given its ample general fund and reserves for its capital planning process as well as being proactive in its conservative fiscal management and overall financial policies. Anhut stated one of the challenges mentioned by Moody’s as far as the rating is concerned is that the City as a whole is relatively smaller than other like rated entities. The AAA rating is the highest rating that can be attained worldwide and Moody’s recognizes that there may be some potential burdens with having a small population. Moody’s also recognizes there have been some recent housing declines but that there have been some positive indicators that are now on the mend. Anhut noted Ehlers, on behalf of the City, went to market this morning on the sale of general obligation bonds for the financing of the City’s public safety addition, various water improvements, and refinancing of Big Island. Given the City’s AAA rating, five bids were received this morning and the winning bid was from Raymond James & Associates out of New York with a 2.27 percent interest rate. The bid is approximately one-half a percentage point below what was anticipated, which will amount to some significant savings for the City. Anhut noted he did discuss with the City Council previously that Ehlers was expecting premium bids on the bonds, which were received. With that premium bid, Ehlers was able to downsize the issuance of the bonds by $105,000, resulting in a total bond sale of $5.275. The underwriter’s discount also came in below budget and the costs of issuance came in at what was projected. Given those factors, the City is looking at a total principal and interest savings of approximately $200,000 over 14.5 years. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 4 of 23   (4. SALE OF GENERAL OBLIGATION BONDS SERIES 2014A – RESOLUTION NO. 6405, Continued) Anhut stated specific to the refunding portion, Ehlers had projected $45,000 in savings, but given the previously listed factors, that amount has been increased to $54,000 over the next three and a half years. Anhut stated based on the excellent interest rate received, Ehlers would recommend the City Council move forward with the bond sale to Raymond James. McMillan thanked Staff and all previous City Councils who have run Orono in a fiscally conservative manner, which is one of the main reasons Orono has maintained its AAA rating over the years. Bremer moved, Levang seconded, to adopt RESOLUTION NO. 6405, a Resolution Awarding Sale of $5,380,000 General Obligation Bonds, Series 2014A, Fixing the Form and Specifications Thereof, Providing for Their Execution and Delivery, and Providing for Their Payment. VOTE: Ayes 5, Nays 0. PRESENTATION 5. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT Dennis Hoogeveen, Clifton, Larson, Allen, stated Minnesota Statutes require that the City have an annual audit performed by a certified public accountant or the State Auditor. Clifton, Larson, Allen was appointed by the City to perform the audit for the year ended December 31, 2013. Accounting principles generally accepted in the United States require that City management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of a letter of transmittal. Hoogeveen stated one of the letters before the City Council is called the Required Communications Letter, which is a letter required by the government to those responsible for governance of the City. Hoogeveen stated the audit provides a reasonable but not absolute assurance on the financial accuracy of the financial statements. Clifton, Larson bases its audit on a random sampling basis and then zeroes in on areas that might pose a significant risk. Hoogeveen noted in 2013 a new accounting policy was adopted by the Government Auditing Standards Board which changed the formatting of how the balance statement, statement of net position, is laid out. Hoogeveen indicated due to the change, some items that used to be considered liabilities are now considered deferred inflow but the basic accounting remains the same. Hoogeveen stated it is basically a terminology change and does not have a significant impact on the City’s financial statements. The Required Communications Letter also reviews the fact that some significant estimates are required in preparing a financial statement for a government entity. Those include the useful life of assets, value of investments, and the amount of post-employment benefits. Hoogeveen noted Ehlers is required to report to the City Council if Staff was not cooperative in performing the audit. Ehlers is pleased to report that Staff was very cooperative during the audit process and appreciates all the fine work that the finance department did in keeping the City’s financial records over the past year and their cooperation during the audit. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 5 of 23   (5. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued) Hoogeveen stated for 2013, Ehlers intends to issue a clean opinion on the City’s financial statements. Because it is a government audit standard report, Ehlers is required to issue a letter every year on the City’s internal controls over financial reporting controls. Ehlers has found the same concern that was raised in previous years regarding segregation of duties, which is related to the small number of people involved in the finance department. Ehlers is also required to issue a legal compliance opinion based on guidance put together by the Office of the State Auditor. Hoogeveen indicated there is a fairly lengthy checklist of state statutes that have to be tested against the City’s adherence and that it is fairly common to have some minor exceptions. Hoogeveen noted one exception related to the prompt payment of bills and generally related to an invoice that was not transmitted to the business office in a timely manner by one of the departments. Hoogeveen noted Michelle Hoffman is the day-to-day manager on the City’s finances and will be presenting her findings to the City Council. Michelle Hoffman, Manager with Clifton, Larson, stated the first graph depicts the City’s General Fund and shows the City’s unassigned fund balance. Hoffman noted starting in 2011, there was a terminology change from unreserved to unassigned, which accounts for the different colors on the graph, but that it basically is comparing the same thing. Hoffman noted for the last five years the City’s General Fund has been pretty consistent in its balance. In 2013, the City ended up at approximately 50 percent of expenditures for the General Fund, which is where it is expected to be. Orono’s fund balance policy does say to strive to have at least five months worth of expenditures on have and that 50 percent is approximately six months of expenditures on hand. Hoffman stated the next graph depicts the General Fund Revenues broken down into the five major categories. The City’s revenues have been very consistent from year to year. The major portion of the City’s revenue is generated from property taxes, which provides the revenue for the general services of the City. Hoffman noted the City’s user fees increased and was related to the new police service agreement with the City of Mound. Hoffman noted the next slide reflects the City’s General Fund expenditures broken out into categories. The spike shown on the expenditures is related to Public Safety and those expenditures will stay a little higher as the agreement continues. Hoffman noted overall the City’s expenditures have been fairly consistent over the past five years and reflects the City’s conservative approach to planning and spending. Hoffman displayed a graph shows the City’s other governmental funds, noting that it does not include the General Fund. The reason for the multiple terminologies is that in 2011 there was the change in terminology from unreserved to unassigned. Hoffman stated the reason for the decrease was due to the fact that no new government bonds were issued in 2013 but that will increase again in 2014 as the 2014 bonds are issued. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 6 of 23   (5. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued) Hoffman noted for the most part the other governmental funds have also been very consistent from year to year in both expenditures and revenues. Hoffman noted the fees received from the Metropolitan Council for various road projects were less than in prior years and there was a spike in expenditures related to the 2003 HRA bonds being paid off in 2011. As it relates to the Enterprise Funds, the graph includes two new funds that have a small balance in them due to the fact that they were only created this year. The main funds are water, sewer, and stormwater, which have been fairly consistent over the years. Hoffman noted there was a decrease in the water fund this year due to a transfer and a small loss on investments, which was pretty typical for the majority of cities due to the economy. Hoffman noted the City’s operating income for its enterprise funds appears to be more erratic but it is due to the scale being calculated at $150,000. The other three funds consisting of the sewer fund, stormwater fund, and the recycling fund did remain fairly consistent. Hoffman displayed a graph depicting the City’s debt service schedule and its projections for the next five years. Hoffman noted the City’s debt service is expected to decrease in future years from $1.4 million in 2013 down to $800,000 by the year 2018. Hoffman noted the City’s tax rate per the League of Minnesota Cities reflects that Orono has the lowest tax rate as compared to the neighboring cities of Long Lake, Medina, Wayzata, and Spring Park. In addition, Orono is well below the statewide city average as well as the Region 11 average. Hoogeveen stated other items of note include the implementation of GASB No. 68 in the year 2015. GASB No. 68 requires that government entities report a net pension liability for their allocation of the state-administered pension plans. Hoogeveen noted the state’s pension plans are funded at a higher rate than a number of other states but the new regulation requires that Orono reflect their share of that liability on their balance sheet. Hoogeveen congratulated the City for being the recipient of the GFOA Certificate of Achievement for Excellence in Financial Reporting for 2012. Mayor McMillan thanked Hoogeveen and Hoffman for their presentation and excellent work on the City’s audit. The City Council took no formal action on this item. 6. LONG LAKE FIRE DEPARTMENT Fire Chief James Van Eyll reported Station No. 2 experienced a power surge that largely affected the fire alarm panel. Replacement of the panel is expected to cost approximately $1,200. Van Eyll indicated the other systems were checked and everything else appears to be working. Van Eyll stated he spoke with the City’s finance director and was told the City’s deductible was $2,500 so the City will not be able to recoup its costs associated with the repair. Van Eyll noted this is the second time Station No. 2 has experienced a power surge, with the previous one affecting the HVAC system. Van Eyll indicated they are looking at installing a power surge protection system but that he does not have any cost estimates at this point in time. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 7 of 23   (6. LONG LAKE FIRE DEPARTMENT, Continued) Van Eyll stated as it relates to the fire on Old Beach Road, the insurance company has wrapped up their investigation and the cause is still undetermined. Multiple sources of ignition were found in the area and the building was too far destroyed to be able to recreate anything. Van Eyll stated the mission of the Long Lake Fire Department is to minimize the loss of life and property for its fire service recipients in the cities of Long Lake, Medina, and Orono from fires, natural disasters and life threatening situations. It is the goal of the Long Lake Fire Department to perform these services in a professional and efficient manner by maintaining effective training, fire prevention, fire suppression, and emergency response. Van Eyll noted that the fire department experienced a few changes in leadership, with John Hall being appointed Assistant Chief and DJ Goman serving as Deputy Chief of Administration. The current membership consists of 48 active members, with two being on military leave of absence and two on personal leaves of absences. All members are or will be certified as Firefighter I or II, First Responder or EMT certified, and Hazmat Operations certified. The officers were also nationally certified this year in blue cart training for Type IV and Type V fires, which are apartment fires and business fires. Van Eyll stated the big wild fires are Type I and Type II. Van Eyll noted the Fire Department had one member who retired in 2013 and three members who came off probationary status in 2013 and are currently stationed at Station No. 2. A number of new probationary fire fighters were brought on board in 2013. Van Eyll noted that even if the person has previous experience as a firefighter, they are still required to be on probationary status for a period of time. Van Eyll indicated they are attempting to get some of their firefighters qualified to drive tankers in the event of a regional fire. Van Eyll stated as it relates to emergency call activity, last year Orono had 324 total calls, and in 2012, there were 313 calls, which amounted to a slight decrease for Orono in 2013. Van Eyll noted overall calls increased from 2012 to 2013, with some of those calls being related to the storms experienced last summer, and regional aid calls increased from 18 to 29 last year. The average response time for the calls was 6:57 to get to any call. The response time for Orono in 2013 was 6:29 and in 2012 it was 6:34. Van Eyll indicated the fire department is always looking at ways to keep lowering that response time and that each call had on average 13 members who responded. Seventy percent of the calls happened during the day when there were less people available. Van Eyll noted the fire department will be having a couple of other daytime responders retiring in the next couple of years. Van Eyll stated the total calls among the three member cities, including mutual aid, amounted to 6,753 hours, with Orono accounting for 4,757 hours or 70.44 percent of the time. Van Eyll stated the number of call hours is significant as it relates to the fire department’s budget and determines how much each city is required to pay for fire protection. Van Eyll stated the training goals for 2014 include more small group training, driver training, in-house Blue Card Lite, training with North Memorial and other entities, training with CAFS and Foam, CO Alarm Training with True Readings, and a wellness and fitness program. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 8 of 23   (6. LONG LAKE FIRE DEPARTMENT, Continued) Van Eyll noted Burlington Northern will be speaking to the emergency managers next month regarding some of the Hazmat material that travels over the rail lines and that four or five of the Long Lake firefighters will be traveling to Colorado for training that is being sponsored by the railroad. Van Eyll noted the fire department is required by the federal government to have a certain number of firefighters participate in that training. Van Eyll noted both of the fire trucks have foam compression systems and additional training will also be provided on that system. Van Eyll indicated the firefighters typically meet at the end of the year to discuss upcoming goals for the fire department and that overall the fire department did well on meeting the goals outlined for 2013. Anderson stated she was glad to hear about the railroad based training that the fire department will be sending representatives to since that is a hot issue right now. Van Eyll stated last year at the legislature funds for training and equipment were approved and training relating to the oil pipeline was also included. Printup noted the number of fire calls is relatively small as compared to the non-emergency calls, and asked when the fire department experienced the tipping point where fires are more minimal than non-fire calls. Van Eyll stated it has been a gradual process over a number of years and relates in part to better construction methods, the permitting process, and inspections. The majority of the fires seen nowadays are cooking fires or people related fires rather than electrical fires. Levang noted another big accomplishment for the fire department was the dedication of the memorial. Van Eyll stated the memorial was dedicated last year and was a very proud moment for the fire department. McMillan asked if they are currently advertising for firefighters. Van Eyll stated they do have some advertisements out at Station No. 2 and a couple of applications have been received for Station No. 1. Van Eyll indicated some of the applicants are people looking for full- time employment, which is not something that is being offered. Printup asked when the next social event will be held. Van Eyll stated the 5K run will be held on July 26 and that the fire department has its softball games on Thursday evenings. Anderson moved, Levang seconded, to approve payment to the City of Long Lake in the amount of $2,673 for Orono’s share of the 2013 Fire Department overage. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 9 of 23   PLANNING COMMISSION COMMENTS – BRUCE LEMKE, REPRESENTATIVE Lemke stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE - TABLED Gaffron stated the memo included in the City Council’s packet from Long Lake discusses how the city experienced unusually high water levels in 2013. The high water levels became an issue for a number of lakeshore homeowners. As a result, the Long Lake Council and Staff discussed adoption of a “slow-no wake” ordinance to reduce the impact to the shoreline of wakes created by powerboats. In April of this year, Long Lake adopted an ordinance that would allow law enforcement to regulate the speed of watercraft on Long Lake and imposing a “slow-no wake” restriction during periods when the water level is in excess of 944.15. Regulation of watercraft speeds when the lake level is high to reduce the impact of watercraft wakes would help protect public and private shoreline from erosion. In later correspondence from Jack Gleason, MnDNR Hydrologist, it was learned that establishing the no-wake level at 944.15 feet would potentially result in the no-wake restriction being imposed all summer and he has suggested that an elevation of 945.0 feet would be more appropriate. Long Lake has revised their initial ordinance by adopting the 945.0 foot elevation and eliminating a requirement that the lake level be below 945.0 for three consecutive days in order to remove the no-wake restriction, finding that if the water level is below 945.0 feet, there was not a reason to wait an extra three days. Gaffron stated the attached draft ordinance is nearly identical in text to that adopted by Long Lake. The draft ordinance has been reviewed by the City Attorney and notice for a public hearing has been published. In addition, individual notices were mailed to all Orono lakeshore owners abutting Long Lake. Mayor McMillan opened the public hearing at 8:13 p.m. John Diavik, 1780 Martha Lane, Long Lake, stated he is in favor of a no-wake ordinance at the high water levels but that in his view the set elevation is too low. Diavik stated that became apparent to him when he was out on Memorial Day and the marker showed that they were still two to three inches over the elevation set by Long Lake. Diavik noted back in April the levels were clearly higher and that the water has decreased by approximately 12 inches, which is well below the tops of the riprap walls. Diavik stated he is not aware of any surrounding lakes that had a no-wake zone on Memorial Day other than Long Lake. Diavik indicated Long Lake originally set the elevation at 944.15, which was actually lower than the ordinary high water line. As a result, the local residents expressed their concern about that low elevation since other cities have set it above the high water level. Diavik stated the City needs to look at where that high water level normally is and also see where the ordinary high water level is in order to set a more appropriate elevation. Diavik stated the no wake zones should be reserved for those extreme cases and that he does not want it to hit those conditions multiple times per summer. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 10 of 23   (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Diavik indicated he also looked at Lotus Lake in Chanhassen and their high water line is six inches above the ordinary high water level, which means that they are only hitting the most extreme peaks. Diavik indicated he wrote a letter to Long Lake today again recommending that it be set at 945.5’, which was one of the numbers discussed as a possible level. Diavik stated he understands the need to protect the shoreline but that he does not want to sacrifice all the recreational use of the lake. McMillan asked if it is above 945’ currently. Diavik indicated it was approximately two to three inches above 945’ prior to the rains, but that they should look at the average water level. Diavik stated in his view the lake is not in that critical state but yet technically it was a no-wake zone condition. Bremer noted Lake Minnetonka has a number of no-wake zones and that there are certain days when the whole lake is considered a no-wake zone. Anderson stated the days when it is deemed to be a no-wake situation is posted at the landing 650 feet from the shore. Diavik stated the information from the DNR shows the minimums and maximums of the lake levels. Diavik pointed out the 945’ elevation. Diavik stated he would propose 945.5 since it would hit those high times but not the average. Loftus noted this was brought up to the Orono City Council last summer during its joint session with Long Lake and that it is her belief the City of Long Lake was receiving complaints and concerns at that time. Loftus stated it is her understanding the 945’ mark is what Long Lake is attempting to address by its ordinance. Loftus asked whether Mr. Diavik has addressed the Long Lake City Council with his concerns. Diavik indicated he spoke to them last year but that he did not know at that time what guidelines would be used. Diavik noted the water level has dropped since April. McMillan noted they originally set it at 944.15, which was too low. Joseph Sturney, 1405 Sixth Avenue North, asked if the sign that is posted at the launch currently reflects the most recent update. Gaffron stated he has not seen the sign and the photos he has are a few months old. Sturney stated he appreciates receiving notice from the City regarding this. Sturney stated he has enjoyed Long Lake for a number of years and that he has used the launch periodically over that period of time. Sturney indicated he enjoyed the lake so much that he purchased his current property which comprises the vast majority of the north point that sticks out into Long Lake. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 11 of 23   (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Sturney stated he has a great interest in what happens to the shoreline and that he does not have any desire to see it washed away into the lake, but that he would echo many of the same comments that John Diavik made. Sturney noted this issue was first raised last year when there was a lot of high water and residents became concerned that there was going to be another annual wake surf championship on the lake in August. Sturney stated the surf competitions do generate some pretty tremendous size wakes and that without the ordinance Long Lake would have no ability to reject that competition. Sturney stated to his understanding that was the impetus behind the ordinance but that since that time things have evolved. Sturney stated in his view a reasonable wake restriction makes a lot of sense, especially during some of the more extreme high water levels, but that he has not seen any visible evidence of actual erosion even without the no-wake zone in place. Sturney stated the main issue is what the reasonable level for a no- wake zone should be which balances activities by people who would like to use the lake and the erosion concerns. Sturney stated this year the water level was higher than it was last year with an east wind at the peak of the water levels and that Mother Nature can do a lot more than a boat wake can do. Sturney stated another concern is when the no-wake levels are in effect and that in his view three days above some limit seems to make sense. Sturney indicated he is glad to hear that Long Lake has removed the part that said it had to be under the no-wake limit for three days before you could use your boat. Another concern is how and where it is posted. Currently the sign is placed on a garden stake at the launch, which requires people to actually go down to the launch to see whether they can launch their boat or not. Sturney stated he would like to see something more substantial, like perhaps at the dam. Sturney stated since the no-wake restriction is a new thing for Long Lake, he would prefer to see it set at a higher level at first with a possible downward revision should there be a factual presentation of actual studied data evidencing that erosion has taken place. Sturney stated the no-wake ordinance should be as inclusive as it can be in terms of the broadest range of activities that are allowed rather than exclusive. Sturney stated he personally would like a quieter lake more than a busier lake but that it is there for the public and a no-wake sign should not mean go away. Sturney stated he would encourage the Orono City Council to do whatever they can to streamline or simplify the process of erosion mediation. Jim Bigham, 1545 Long Lake Boulevard, stated he went to look at the dam before tonight’s meeting and that it is between 185’ and 190’. Bigham stated he is not sure how that relates to the numbers discussed earlier tonight, but noted the dam is the only place people really have to look at to see what the lake level is. Bigham stated he does not want his shoreline eroded but that the level of the water is down considerably since April. Bigham stated in his view there should not be more regulations than what there really needs to be and that he should be able to go over to the marking on the dam to see what the real elevation of the lake is. Bigham indicated he does not have any idea of what 944 or 945 means, nor does he have any way of measuring that, but that he can look at his dock and tell how deep the water is. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 12 of 23   (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Bigham stated there are bigger problems with Long Lake than the no-wake zone. Bigham indicated last summer he contacted the DNR about the water flowing over Long Lake Road even though the lake was down. In addition, something killed the milfoil on the lake last year, which seems to be a bigger concern than this. Bigham stated he is not sure where the water is coming from that flows over the road and that he does not see how the residents will be able to know what the elevation of the lake is on a particular day. Bigham noted jet skis are no longer allowed after 6:00 p.m., which was done through a Joint Powers Agreement, but basically helps keep people off the lake. Bigham stated Long Lake is a public lake and should be viewed that way. Bigham stated he is also not sure what minimum wake means and asked whether the ordinance covers motorized only or motorized and non-motorized. Gaffron stated to his understanding it would be motorized. The definition that is in the ordinance for slow no-wake is the operation of a water craft at the slowest possible speed necessary to maintain steerage but in no case greater than five miles an hour. Bigham noted the language uses the word water craft rather than motorized. Gaffron stated the definition of water craft is “any and all kinds or types of flotation vessels designed for use on the water whether or not motorized”. Bigham noted that would cover paddle boats, any type of water craft being rowed, such as kayaks and paddle boards. Bigham stated people should be able to use the lake. Mayor McMillan closed the public hearing at 8:33 p.m. McMillan noted she spent time serving as the LMCD representative for Orono back in the 1990s, and the high water was always a big issue. McMillan stated in her view it is best not to add regulations if they can be avoided and that she appreciate the public comments received this evening. McMillan stated she is in agreement after looking at the chart that 945’ is probably too low and that if there is regulation, it should be reasonable. McMillan stated in her view the notification piece also needs to be figured out and that she has a concern about people who live on the lake receiving tickets since they have to be more diligent about knowing the water level. MacMillan stated in her opinion the daily water level should be on both cities’ websites. Printup asked if that chart was given to the Long Lake City Council. Diavik indicated he just sent it today electronically. Printup asked if Long Lake is done with the ordinance. Gaffron noted they have amended it once and that they may need to amend it again. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 13 of 23   (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Printup stated he found the chart very helpful as well as the public comments. Printup stated he does not want to have two sets of numbers. Diavik stated he did call the Long Lake City Clerk today and that the 945’ is the number that is currently in the ordinance. Diavik indicated that is well below the top of his riprap and that he only has a concern when it goes above the riprap. Diavik stated the lakeshore will experience erosion whether there is a high wake or no wake since that is what nature does and that he encourages people to have riprap to help prevent the erosion. Bremer stated the City Council does have some limited information from Long Lake regarding the history. Bremer noted the DNR stated the original numbers did seem too low and instead suggested 944’ or 945’ but that the City does not know any more history than that. Bremer stated in her view Orono should not move forward based on the limited information, especially in light of the public comments from people who live on the lake. Bremer stated she would feel more comfortable not acting on it tonight since it appears that the 945.5’ is the better number. Levang stated she would like the application tabled until Long Lake has a chance to review it again. Anderson stated perhaps language could also be included stating that Orono could revisit this in another year or two if Long Lake gets to the point where they have had a chance to evaluate the 945.5’ versus the 945’. Printup stated he does not want to approve arbitrary numbers and that perhaps Long Lake will review the new information submitted and come to a different conclusion. Levang noted one of the concerns also raised was regarding the signage. Anderson stated the signage should be on the dam as well as the landings. McMillan stated she would also like it included on the cities’ websites. McMillan stated she cannot understand the restriction on non-motorized craft and that perhaps they should look at what the LMCD says in regards to that. A person in the audience stated the rowing club boats row fast and that the chase boats are designed to leave a minimal wake but that they have wakes all over the place just basically keeping up with the rowing team. The rowing teams would also likely fall under the no-wake rule. Bremer stated it appears that the rowing teams are creating some significant wakes and that the City should perhaps consider leaving non-motorized craft in but perhaps raising the level. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 14 of 23   (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Mattick suggested the City Council make a motion tabling the item and direct Staff to follow up with Long Lake on the 945’ versus 945.5’ as well as the signage and non-motorized component of the definition. Bremer moved, Anderson seconded, to table the Long Lake Slow No-Wake Regulations with Staff being directed to communicate with the staff of Long Lake on the 945’ versus 945.5’ or another number, the signage, and the definition of motorized and non-motorized. VOTE: Ayes 5, Nays 0. 8. NEW JOINT USE DOCK LICENSE – PIRATES COVE (PUBLIC HEARING) – RESOLUTION NO. 6406 Gaffron stated at the last City Council meeting Staff was directed to draft a resolution granting a joint use dock license to the Pirates Cove Homeowners Association subject to holding a public hearing. Notice of the public hearing was posted, mailed to all property owners within 350 feet of the dock location, and published in the legal newspaper. A resolution granting a joint use dock license follows the City’s standard format for such licenses but includes the following conditions specific to this site: 1. One slip allowed for each of the four off-lake owners; the two riparian owners limited to combined total of three slips; 2. Applicants to provide City with a copy of the “re-stated easement agreement”; 3. The license is issued for 2014. The 2015 license removal will require a detailed survey of the land portion of the easement area per conditions of Resolution No. 5990. Gaffron noted a couple of minor revisions were made to the resolution that is before the City Council; namely correcting the numbers on Page 3 for the riparian owners, and on Page 4, Item 5, the text was slightly revised to reflect that the homeowner’s association is for the off-lake owners and the two riparian owners are not part of that association. Gaffron noted the LMCD, when looking at the license, would take into account the lakeshore properties as well. Gaffron noted the property owners have provided a slightly revised drawing that shows the joint dock system as well as the proposed existing docks for the two riparian owners. Gaffron stated he was also told tonight that there is a slightly revised version of the layout which does not change the location but adds some notations that can be explained by the representatives of the property owners. Gaffron noted staff is recommending approval of the resolution. Mayor McMillan opened the public hearing at 8:47 p.m. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 15 of 23   (8. NEW JOINT USE DOCK LICENSE – PIRATES COVE (PUBLIC HEARING) – RESOLUTION NO. 6406, Continued) John Biglow, Attorney-at-Law, stated he represents the Broghammers. Biglow stated two weeks ago he spoke to the City Council regarding the rights of the riparian owners as well as the easement owners. Since the beginning of this application, the land owners have been working diligently to resolve some issues that resulted in litigation. Those issues have eventually been resolved. Biglow noted he did meet with Mr. Gaffron tonight in order to provide to him a clarified survey which not only includes the proposed dock for the joint dock application but will help clarify where the position of the dock will sit or start. Biglow stated he hopes the information will help the City Council make their decision tonight and then revisited annually. Biglow noted two weeks ago when he discussed this with the City Council, it was indicated that a similar configuration would be presented to the LMCD. Biglow stated he also spoke with Mr. Gaffron regarding the requested changes in the resolution and that the parties are in agreement with the proposed revisions. Biglow stated it should be noted under Paragraph 5 on Page 4, the joint dock application is actually just for the easement holder’s dock, which would include four slips. Biglow stated the homeowners association could be defined as the four slips. Biglow stated when the property owners approach the LMCD, it is true the LMCD will look at all the slips available for that stretch of lakeshore, but that it should be made clear that the Pirates Cove homeowners association is essentially just looking for the joint dock permission of four slips. Stewart Elger, Attorney-at-Law with Stinson, Leonard, stated he is here on behalf of the riparian property owners and that they stand in support of the application for the joint use dock license. As Staff pointed out, the riparian owners are entitled under the applicable regulations and codes to three slips cumulative between them, which are pointed out in the application. The riparian property owners also support the change Mr. Biglow mentioned, which would change the number of slips for the off-lake property owners from seven to four in Paragraph D5. Elger stated as Mr. Biglow pointed out, the riparian owners are not participating in the Joint Use Dock and that his clients are agreeable to the depiction that is shown on the overhead. Elger stated the overhead shows the definite location of the joint use dock. Elger noted one item in particular that was formalized today is that the southern-most edge of the joint use dock will lie on a line that begins on the shoreline 21 feet from the lot line. Elger stated that notation has also been made on the survey. The southern edge of the dock will follow a line that will extend out into the water from that point. The dock is 42 feet in width total and would include all docking materials, structures and boats that can be contained within the dock use area that has been agreed upon among the parties through the process of the litigation. Elger indicated they are also in agreement with the changes to the resolution that would switch the numbers in Paragraph B of the recitals. Elger stated the numbers were inverted and were switched back to reflect that the riparian property owners have three slips and the off-lake property owners having four slips. Mayor McMillan closed the public hearing at 8:56 p.m. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 16 of 23   Bremer asked if the resolution before the Council is the revised resolution. (8. NEW JOINT USE DOCK LICENSE – PIRATES COVE (PUBLIC HEARING) – RESOLUTION NO. 6406, Continued) Gaffron indicated it is. McMillan asked if the four slips will be under the joint use dock license. Gaffron stated the application will be for four slips rather than seven. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6406, a Resolution Directing Staff to Issue a Joint Use Dock License to Pirates Cove Homeowners Association Subject to Conditions Noted Herein for the Period of January 1, 2014, to December 31, 2014. VOTE: Ayes 5, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *9. PURCHASE NEW DUMP TRUCK WITH PLOW AND SANDER Levang moved, Bremer seconded, to approve the purchase of a one-ton dump truck with plow and sander from the identified vendors in the amount of $76,248.00 and to approve sending the current one-ton dump truck with plow and sander to a public auction for sale. VOTE: Ayes 5, Nays 0. *10. NORTH WATER TOWER REPAINTING PROJECT – CHANGE ORDER NO. 2 Levang moved, Bremer seconded, to approve Change Order No. 2 in the amount of $3,135.00 to Classic Protective Coatings, Inc. VOTE: Ayes 5, Nays 0. 11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY Struve noted the City Council approved a proposal from Bolton and Menk to complete a feasibility study for Watertown Road. At that meeting the City Council directed Staff to also include Stubbs Bay Road from Watertown Road to Bayside Road, which has been done. The findings and cost estimates in the feasibility study have been updated to reflect the addition of Stubbs Bay Road. David Martini, Bolton & Menk, stated the feasibility study on Watertown Road has been completed. Watertown Road ends at McCulley Road on the west end and goes to the east limits of the city. It is designated as a municipal state aid road. The portion west of Willow Drive has an average width of 24 feet and the bituminous depths range from 2.5 inches to 4.5 inches. The portion of the roadway between Watertown Road south to Bayside Road is a local road and has widths that vary between 20 to 24 feet, with little to no aggregate base under the roadway. Martini indicated the roadways have been broken up into different sections in the feasibility study. Section 1 consists of the western portion of Watertown Road, Section 2 consists of Stubbs Bay Road, and Section 3 is the eastern portion of Watertown Road. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 17 of 23   (11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY, Continued) Martini stated during the study they were looking at two options for improving Watertown Road. The first option was a one inch mill of the existing pavement and a three to four inch overlay. It was determined that that option had an estimated life of eight to ten years based on the condition of the existing pavement and subgrade. The other option looked at was a full depth pavement reclamation, which has an estimated life of 20 years with the belief that it could be extended with routine maintenance to the pavement section. Martini noted the City Council requested additional information to help in evaluating those two options. One of the items provided in the updated report is a graphic that is intended to show how pavement conditions change over the life of a roadway. Martini indicated the red colored line generally shows how the condition of a pavement changes with the life of the roadway. When the pavement is newer, the road is in excellent condition, with the condition of the pavement gradually dropping over the course of a number of years. The first 40 percent drop in the quality of the road occurs over the first 75 percent of the life of the road. The next 40 percent drop in quality occurs the next 12 percent of the life of the road. Martini noted the right half of the graphic depicts how the two options will likely play out over time. In the reclamation option, there is an initial spike in the condition of the roadway based on the improvements. As it relates to the improvements, under the reclamation process the existing blacktop along with the aggregate base will be removed, grinded up, and then laid back down. There will then be a new pavement surface laid over the top of that. Martini stated when you compare it to the mill and overlay, it resets the performance curve since the base of the road has been repaired and the life of the roadway basically doubles. If regular maintenance is performed, the life of the roadway may be up to three times the life expectancy of a mill and overlay. Martini explained under the mill and overlay option, the performance curve is not reset since the base of the roadway is not being replaced. Under the mill and overlay scenario, once the life of the mill and overlay is exhausted, then the pavement condition is back to a similar state as to what it is currently and a new discussion on what improvements should be made will need to occur. Martini stated ultimately they prefer to get 30 years of life out of the roadway. Under the reclamation option, the estimated total cost for 30-plus years would be $3.2 million, including some type of sealant and an eventual mill and overlay. The mill and overlay option for 30-plus years is $3.8 million, which includes the initial cost of the mill and overlay plus a reclamation somewhere down the road and preventative maintenance. Martini stated the important thing to remember when comparing the options is that under the mill and overlay option the majority of the costs occur over a 10-year period. Under the reclamation option, the preventative maintenance costs are extended over a longer period of time. Martini stated he would recommend the full-depth reclamation project, which would include reclamation of the existing material with a four-inch overlay, excavation and replacement of the sub-grade materials where there is significant distress, and replacement of drainage structures. Martini stated drainage is a key element to extending the life of the roadway. Martini noted a maximum of 20 percent of the underlying subgrade can be reconstructed before Municipal State Aid standards need to be met and that the initial costs for the reclamation project is projected to be around $2 million. Bremer asked if the 30 years is based on a general average or based on the conditions in this area. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 18 of 23   (11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY, Continued) Martini stated it is generally based on a roadway that is routinely being maintained in this area. Martini stated if the roadway is being taken care of, that 30 years could likely be extended. McMillan asked how much cheaper it is to perform the mill and overlay. Martini indicated they had estimated the actual mill and overlay at $1.4 million. Martini stated some added improvements are being done under the reclamation job but at the end of the day the amount of the new pavement section will be the same under either option. Levang asked what kind of condition the drainage ditches are in. Martini stated in his view the culverts should be replaced and are likely full of sediment in a number of places. Martini indicated ditches tend to fill up with sediment over time and lose their effectiveness. Levang asked if the width of the road needs to be changed similar to Willow. Struve stated the difference with Willow was that they had to fully reconstruct the road and disturb 100 percent of the underlying subgrade since it was unsuitable to build on. Struve stated in this case they are proposing to reclaim a portion of Watertown Road but not reclaiming all of it. Struve indicated they will be excavating certain portions under the 20 percent limit which then means the City does not need to meet the state aid standards. Struve stated if the road was fully reconstructed, it would be in excess of $7 million since, in addition to widening the road, there are some curve issues that could potentially require purchasing easements and right-of-ways and multiple years of construction. Levang stated for a number of reasons the reclamation is a good option. Martini stated Staff believes the reclamation option is the best option. McMillan stated with the three sections taken together, it is questionable whether the City would have the necessary funds available and that it gets down to the question of what portions should be done. McMillan stated it also raises the question that the third section may not get done for a couple of years, and that if the City is going to go down the path of reclaiming Watertown Road, she would like to have a public hearing. Martini stated at some point it may make sense to have a public information meeting on the pavement management plan and that this project is part of that bigger picture. Levang asked if one section is worse than the other and whether one is a priority over the other. Martini indicated he would need to take a look at that but that generally speaking the road is in pretty poor shape. McMillan commented there is probably more traffic on the east end of the road. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 19 of 23   (11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY, Continued) Struve noted the City does not have any current traffic counts from Watertown. McMillan asked what the next step would be and when the City Council should revisit this proposal. Martini stated they are planning on bringing the draft facility plan to the City Council sometime in July and the City Council can determine which direction they would like to proceed in at that time. Struve stated if the Council decides to go forward at that time with the project in 2015, which should give enough time for Bolton & Menk to complete the plans and specifications. McMillan suggested the feasibility study be posted on the City’s website with a note that the City Council will be revisiting this item in August. The City Council took no formal action on this item. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Struve reported the Public Works Department has been busy fixing potholes the past two weeks. MAYOR/COUNCIL REPORT Levang reported she and the Mayor attended a NEMO workshop, which stands for Nonpoint Education for Municipal Officials. The workshop was sponsored by the University of Minnesota and is designed to help government officials understand water quality. Levang stated she found the workshop very helpful in understanding how stormwater is managed and that she is looking forward to attending the other two workshops in July and September. McMillan noted the City Council has received some emails regarding docks at public beaches and that she would recommend the Park Commission discuss that at their July meeting. McMillan stated she would like some follow-up on the issue so the City Council knows if the City is on the right direction at each park. McMillan stated the Star Tribune had a nice write-up on the Navarre Community Initiative and their drive encouraging people to donate their extra hostas and lilies for planting at the Navarre Park on June 7. McMillan reported she received a call regarding fishing on East Long Lake Road. One of the concerns raised was that people were parking off the road and creating erosion issues. Currently the road is posted no parking. McMillan stated in her view the City Council should look at that a little more thoroughly since it is her belief that people are supposed to park at Summit Beach and not on the roadway. McMillan noted the police cannot ticket the cars if they are off the road. Printup commented he is surprised there is sufficient room to park off the road in that area. Gaffron stated there is one spot on what is likely private property that people might be utilizing. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 20 of 23   CITY ADMINISTRATOR’S REPORT 12. LAKE MINNETONKA SCENIC BYWAY Loftus stated Wayzata has proposed a Lake Minnetonka scenic byway, with discussions going on for approximately the past year. In February Wayzata hosted an informational meeting with representatives from the 14 lake communities. Loftus stated Staff’s memo includes the responses received from the various cities on whether they would be interested in pursuing further study of the scenic byway. Loftus stated the draft resolution proposed by Wayzata has been included in the Council’s packet. Loftus suggested the City Council discuss the pros and cons of the scenic byway. Loftus indicated she has received calls from two former mayors regarding the long history that Orono has had with traffic on those county roads and their capacity. Traffic counts have been obtained from Hennepin County on County Roads 15 and 51 in Orono. Printup asked what this stretch of roadway is designated as in the Comprehensive Plan. Gaffron stated the Comprehensive Plan designates them largely as scenic parkways and consist mainly of county roads. The intent originally was to give them a designation that attempts to limit the amount of traffic on them while at the same time knowing that they provide access to a variety of houses. Gaffron stated a number of the scenic routes being proposed have houses every 100 feet. Printup stated it is interesting that Orono has been kind of ahead of the curve in attempting to keep traffic counts down over the past four decades but yet recognizing that scenic parkways are a way to help preserve the area. Printup stated he does not see how it makes sense for Orono to jump on board with the scenic byway since Orono has already designated a number of the roads as scenic parkways and traffic is already a concern. Bremer indicated she is in agreement with Council Member Printup. Bremer noted there were two local cities who indicated they are not in favor of the scenic byway and that other cities have not weighed in yet on the matter. Bremer stated she is struggling to figure out what the benefit would be to Orono. Bremer noted the Noerenberg Garden is a wonderful, well-used amenity, and frequently hosts groups from around the metro area that hold photography classes and other different events. Bremer stated in her view those events are doing fine as they are and that she has a concern with adding more traffic to the roadways as well as joggers and bikers. Bremer stated she personally likes Minnetonka Beach’s approach, which was to send a letter, and that she would recommend Orono do something similar. Bremer stated she also would like to still keep receiving information on the scenic byway. Levang indicated she also is not in favor of the scenic byway for the reasons already stated but especially given the amount of traffic and the lack of economic benefit to Orono. Levang stated Noerenberg Garden is already well used and that she does not really see how it would benefit Orono. Levang stated in her opinion a letter would be sufficient and that she would also like to continue to receive information on the progress or lack of progress being made on the project. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 21 of 23   (12. LAKE MINNETONKA SCENIC BYWAY, Continued) Mattick stated resolutions always look more formal and that Wayzata is merely looking for support. Mattick stated the City Council can choose to inform Wayzata in a different way other than a resolution. Anderson stated the letter is a softer way rather than a resolution to say that Orono is not interested but would still like to receive information on the project. McMillan stated she gets the sense that there is a marketing element to this and that the scenic byway will be marketed in different ways to the general metro population. McMillan stated she also has concerns about the amount of signage that would need to be installed and the visual clutter that would be created. McMillan stated a large number of people already know about the Dakota Trail and that the Minnetonka area already has a fair number of visitors. McMillan stated marketing of the area might be better handled by the local chambers of commerce. Levang stated there will be some unknown costs associated with this which will also need to be considered at some point. McMillan indicated she is in favor of sending a letter rather than a formal resolution. McMillan suggested some language be included asking Wayzata to keep Orono updated on the project. Printup noted Orono has a long history of consistently preserving scenic areas. Bremer moved, Levang seconded, to direct Staff to draft a letter setting forth the City’s historic commitment for preservation of scenic pathways and requesting Orono be kept updated on any progress being made, with Mayor McMillan being given authority to review and sign the letter. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus reported that the docks on Big Island have been placed in the water and that she would like to thank Gabriel Jabbour and Tonka Bay Marina for storing the docks over the winter. Loftus noted last winter the City experienced some vandalism that made it difficult to store the docks in the bay. Loftus noted on the Consent Agenda one of the items was the resignation of the Public Works Director/City Engineer. Loftus stated she would like to thank Jesse Struve for his service and that he will be moving on to Brooklyn Park. Staff will be advertising for that position in the near future. Loftus stated she will be looking for two city council members who would be interested in being a part of the recruitment process. Levang indicated she would be willing to volunteer and help out with the recruitment process. Loftus stated as it relates to the community development director that was approved on the Consent Agenda, Andrew Mack will be starting in mid June. Loftus stated the City is taking a new look at how the City is approaching their overall planning. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 22 of 23   (CITY ADMINISTRATOR’S REPORT, Continued) Loftus reported Staff has also been working hard looking at improving the City’s internet service. One of the things the City accomplished with the Mediacom negotiations was a fiber connection to the city hall building the new service contract will provide 20 times the band width at a slight cost savings. Loftus stated the improved bandwidth will allow Staff to utilize computer systems including, the GIS system in a faster manner. The new band width also opens up the door for new technologies and storage capacities. *13. PUBLIC WORKS DIRECTOR/CITY ENGINEER Levang moved, Bremer seconded, to approve the Public Works Director/City Engineer position for advertisement. VOTE: Ayes 5, Nays 0. *14. COMMUNITY DEVELOPMENT DIRECTOR APPOINTMENT AND ORGANIZATIONAL CHART Levang moved, Bremer seconded, to appoint Andrew Mack to the position of Community Development Director and to amend the organizational chart. VOTE: Ayes 5, Nays 0. *15. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Levang moved, Bremer seconded, finding that the performance evaluation for City Administrator Jessica Loftus is satisfactory. *16. MEDIACOM INTERNET SERVICE AGREEMENT Levang moved, Bremer seconded, to approve the 60-month service agreement with Mediacom for 30 Mbps internet services. VOTE: Ayes 5, Nays 0. *17. LICENSES AND PERMITS Garbage & Refuse Collector License 1. Vintage Waste Systems, Inc. 520 Tamarack Avenue Long Lake, MN 55356 Levang moved, Bremer seconded, to approve the above-listed license. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 23 of 23   *18. CLAIMS/BILLS Levang moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Printup moved, Bremer seconded, to adjourn the Orono City Council meeting at 9: 49 p.m. VOTE: Ayes 5, Nays 0. ATTEST _______________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor