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HomeMy WebLinkAbout08-11-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 1 of 12    ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Andrew Mack, Senior Planner Michael Gaffron, City Planner Melanie Curtis, 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. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 5, 7, 9, 10, and 11 were added to the Consent Agenda. Levang moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF JULY 28, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council work session of July 28, 2014, as submitted. VOTE: Ayes 4, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF JULY 28, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of July 28, 2014, as submitted. VOTE: Ayes 4, Nays 0. LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE McDermott stated the LMCD has lifted the no-wake restrictions and that some residents have commented that it would be nice to have a no-wake zone for a period of time every summer. McDermott indicated the LMCD will be looking into that but that they cannot promise anything. McDermott noted the LMCD has a variance request coming up in a couple of weeks for the Browns Bay Marina. McDermott indicated there was a little difficulty with the announcement for the prior meeting so notice has been reissued for the August meeting. McDermott stated the LMCD has had very few requests for variances this year and that it has been relatively quiet on the lake this year. Printup stated the City Council received a letter a couple of weeks ago from Bonnie Menigo, who collects trash out of the lake, and that she was wondering if the City or the LMCD could provide some trash bags. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 2 of 12    (LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE, Continued) McDermott stated the LMCD could possibly pick up the trash bags. McDermott asked where she is leaving the bags. McMillan stated it is near the Cruiser’s Cove area. McDermott stated it would be a little more problematic to pick up the trash since it is on Big Island. Levang stated to her understanding she brings the bags in to a marina but that Bonnie was wondering whether the LMCD could help her out with donating some garbage bags. McDermott requested the letter be forwarded to him so he can get in contact with her. PRESENTATION 4. WESTONKA HISTORY MUSEUM Vern Brandenburg, Westonka History Museum Representative, played a history video entitled “Memories of Yesterday are the Treasures of Today” featuring trollies and streetcars. Brandenburg stated the museum is open on Saturdays from 10:00 to 2:00, with members of the Historical Society volunteering to open the doors and welcome visitors to the Centennial Building. Since their open house was held last year on June 15, the volunteers have welcomed over 500 visitors from across the Twin Cities and 14 states. In addition, a program entitled “The Pulse” was featured on the local cable channel and that has now been added to the museum’s website. Brandenburg indicated the Westonka’s History Museum’s collection of Tonka toys will be on display at the History Center in downtown St. Paul for six months. Brandenburg stated the first room in the museum is devoted to the local communities, schools, and residents. The collection continues to grow due to donations from residents from a number of communities and highlights Orono, Navarre, Mound, Spring Park and Minnetrista. Brandenburg noted there will be a 100-year anniversary in 2018 of a graduating class. The second room in the museum features local celebrities and residents, including Native Americans, early settlers to the area, the Andrews Sisters, and local graduates. The third room in the museum houses a Tonka toy collection. Brandenburg stated this year the museum has hosted a number of monthly programs, including programs covering the geology of Lake Minnetonka, articles about Ski-Tonka, and the Mighty Eighth Force in honor of the veterans. The Historical Society continues to hold a number of different fundraisers, including a Back to School Fundraiser, a House of Moy Dinner, and a Sweetheart Evening with the Andrews Sisters. Brandenburg indicated their website contains information on all of their upcoming events. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 3 of 12    (4. WESTONKA HISTORY MUSEUM, Continued) Brandenburg stated with city support, the museum would be able to continue to operate for the good of the community it serves and that he would ask the City Council to consider extending financial support to the museum when they are able to do so. Brandenburg indicated the members of the Historical Society would prefer to focus on the mission of the museum, which is to educate the public, rather than having to focus on the never-ending fundraising. Printup asked how many donations or artifacts the museum receives and how quickly they go on display. Brandenburg stated they just received a donation last Saturday consisting of the drawers out of an old ticket booth from the Mound High School and they went directly on display. Brandenburg indicated they are usually able to display the items fairly quickly after they are donated. Printup stated he has some old newspapers covering the fire at the school and the tornado in the area as well as some old beat-up Tonka toys that he is considering donating to the museum. Brandenburg stated any donation would be welcome. PLANNING COMMISSION COMMENTS – JOHN THIESSE, REPRESENTATIVE Thiesse stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *5. #13-3645 GARY BRIGGS, 1905 CONCORDIA STREET, AND BRIAN SUNDSTROM, 1895 CONCORDIA STREET – CONDITIONAL USE PERMIT/VARIANCE Levang moved, Bremer seconded, to direct Staff to draft a separate approval resolution for 1905 Concordia Street and 1895 Concordia Street granting conditional use permits and hardcover variances for each property. VOTE: Ayes 4, Nays 0. 6. #14-3651 CITY OF ORONO WETLAND BUFFER PLAN AND MAINTENANCE AGREEMENT Andrew Mack stated a requirement of the police garage addition project is to enter into a wetland buffer plan and agreement. Mack noted the agreement is a non-recorded document but is part of the standard rules for the State of Minnesota and the Minnehaha Creek Watershed District. The agreement would spell out the terms for improvements in the buffer area adjacent to the wetlands and the area’s perpetual maintenance and management requirements. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 4 of 12    (6. #14-3651 CITY OF ORONO WETLAND BUFFER PLAN AND MAINTENANCE AGREEMENT, Continued) Mack noted that Staff would recommend approval of the agreement. Printup asked if this type of agreement is very common with wetland areas. Mack stated the agreement is standard practice whether the project is public or private. Mack indicated the City is not being asked to record it against the property since it is public property. McMillan noted the agreement merely spells out the maintenance requirements for that area and that she does not have any problem with the agreement. Levang moved, Printup seconded, to authorize the Mayor and City Administrator to execute a maintenance plan and agreement between the City of Orono and the Minnehaha Creek Watershed District for wetland buffer improvements and maintenance. VOTE: Ayes 4, Nays 0. *7. #14-3676 LAKESHORE HOLDINGS, LCC, 2470 AND 2490 CARMAN STREET – LOT LINE REARRANGEMENT – RESOLUTION NO. 6428 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6428, a Resolution Approving a Subdivision of a Lot Line Rearrangement for the properties located at 2470 Carman Street and 2490 Carman Street. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT 8. 3165 NORTH SHORE DRIVE – REVIEW OF SITE FILLING AND GRADING WORK Dave Martini stated Staff initially looked at this project back in June but additional concerns had been brought up regarding the erosion control on the site as well as what the actual scope of the project was going to be. Martini indicated he has met several times with the neighboring residents to help them understand the proposed work and the overall project. Martini stated the original plan had grading being performed approximately half way up the lot. Last week Staff was out there again checking on the progress of the work when it was noticed that the grading was extending all the way up the hill. Martini indicated at that point Staff started looking into what the overall plan is and a request was made that the applicant’s engineer submit a plan showing the extent of the grading. Martini stated he also met at that time with the adjoining property owners and again went through their concerns and what Staff’s understanding of the scope of the project was. Martini stated he also spoke with Mark Gronberg about some of those concerns and a request was made for a revised grading plan reflecting the work that was actually being performed. Martini stated some modifications were made to the plans to reflect those concerns that were discussed with the adjoining property owners. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 5 of 12    (8. 3165 NORTH SHORE DRIVE – REVIEW OF SITE FILLING AND GRADING WORK, Continued) Martini stated he again visited the site this morning and the grading has been completed for the most part. The contractor will be installing an irrigation system and hydro seeding the site to re-establish turf on the disturbed land area. It appeared at that time that not all the water in one corner of the lot was being directed the way it should be and a discussion was had with the contractor about possibly extending an existing berm on the site. Martini stated it is expected the work will be completed in the next week, which will then allow the turf to be established. Martini stated some of the neighbors are here tonight and may have some comments and concerns that they would like to share with the City Council. Mack stated there has been considerable Staff time devoted to monitoring the work and that the reason for bringing it before the City Council was the changes in the scope of the work that was reflected in the original plan. Mack stated the changes essentially were directed and approved by the City’s Consulting Engineer. Mack stated no formal action is required by the City Council at this point but that Staff wanted to provide an opportunity for the Council to review the scope of the project. McMillan stated she is aware that some of the neighbors have concerns and that she would allow them to speak at this time. Jim Mandel, 3155 North Shore Drive, stated he is one of the adjacent neighbors and that he would like to provide a brief history of the project. Mandel noted this project has basically been ongoing for the past seven years or so and that most of the parties have inherited this issue. Mandel stated over the past seven years he has had a project on each side of his property and that both projects barely resemble what they were originally shown. Mandel stated as it relates to 3165 North Shore Drive, almost 70 percent additional fill was added, which is a fairly substantial change and probably amounts to a couple hundred trucks. Mandel stated he is not here to cause any harm or blame his neighbors but that he would like the project to be completed. Mandel stated in his view everyone is doing as much as they can to accomplish that, but that he would like some reasonable assuredness that this project is not going to further harm his property. Mandel stated they have experienced some fairly substantial damage to their property, with some part of it being caused by excessive runoff that came from the subject property due to the project not being finished. Mandel stated he also granted an easement to accommodate some of the runoff. Mandel noted the City Council approved this project a number of years ago and the work never got completed. Mandel stated to this date the work is still not done and that in his view it comes down to an accountability issue. Mandel stated the City should have a goal or an obligation to protect its citizens and if it grants extensions to projects, that is fine; but that they should take steps to ensure the projects are completed. Mandel stated until the City got more involved, it was not getting done, and that in his view these projects should not continue indefinitely and that there should be a start date and an end date as well as accountability. Mandel stated he would like to especially thank Andrew Mack for his work on this project. Mandel stated in his view Mack was fair and equitable and made a difference. Mandel stated as a resident of the City, that is what he is looking for in a City employee. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 6 of 12    (8. 3165 NORTH SHORE DRIVE – REVIEW OF SITE FILLING AND GRADING WORK, Continued) McMillan stated it is important for City Staff to keep on top of these applications and that the City is looking internally at every single open application to make sure that the work is getting completed. McMillan stated she understands Mr. Mandel’s frustration and that she really appreciates the tone of his comments and his constructive feedback. McMillan stated hopefully the grass will start growing soon and the property will look better in the near future. The City Council took no formal action on this item. *9. PAY REQUEST NORTH WATER TOWER PROJECT Levang moved, Bremer seconded, to approve the payment of SEH Invoice No. 1606 in the amount of $421,555 for the North Water Tower Project. VOTE: Ayes 4, Nays 0. *10. 2014 SANITARY SEWER REHABILITATION PROJECT AND MANHOLE LINING – BID AWARD Levang moved, Bremer seconded, to award the 2014 Sanitary Sewer Rehabilitation and Manhole Lining Project to Insituform Technologies in the amount of $230,921.50 and the construction phase services to Bolton & Menk in the amount of $16,850. VOTE: Ayes 4, Nays 0. *11. JOINT POWERS AGREEMENT FOR STARKEY ROAD Levang moved, Bremer seconded, to approve the Joint Powers Agreement with the City of Medina and Three Rivers Park District to repair Starkey Road. VOTE: Ayes 4, Nays 0. 12. SPRING PARK REQUEST FOR WATER SERVICE Dave Martini stated the City of Spring Park has requested the Council’s feedback on their request for water service. Staff has compiled some information in response to some of the questions Spring Park has asked and discussions were had internally on whether Orono would be able to provide Spring Park with water for the next few years. Martini noted that Staff is looking for some feedback from the City Council on whether they have any particular issues or concerns about providing water to Spring Park through the interconnect for two years or potentially longer as well as whether they feel there are any possible political issues associated with that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 7 of 12    (12. SPRING PARK REQUEST FOR WATER SERVICE, Continued) Martini stated in his view Orono does now have the capacity to provide water to Spring Park given the improvements that have been made to the City’s system. Firm capacity of the system would be what the system can provide if the larger well is removed from service and would be able to meet the day-to-day water demands of Orono and Spring Park. Martini stated the combined maximum day demand exceeds the firm capacity of the system, which means that it is not capable of providing water for both maximum day events. In order to meet the maximum day demand, the treatment plant would need to be run approximately 20 hours per day. Martini stated to his understanding Spring Park does have the ability to provide some water from an uncontaminated source to help meet the maximum day demand. Martini stated another item to consider is the implementation of a method of measuring how much water is being supplied so Orono can be compensated. Martini stated one of the requirements of the agreement would be to install some meters to measure that flow. Martini said another item that was brought up as a concern is the possibility of cross-contamination. Martini stated Staff would recommend the agreement state that the sources of potential contamination be disconnected from the system before the interconnection is opened and that Spring Park’s system should be supplied from its uncontaminated source for a specific period of time to make sure that all the water produced from the questionable source is flushed from the system. The water should then be tested to make sure it is clean before the connection is opened. Levang stated her thought was regarding water restrictions during a dry summer and that it would be wise for the City to find out whether Spring Park would be amenable to water restrictions if such an issue arose rather than just Orono residents being subject to those restrictions. Martini stated that is a fair point, and that if this type of situation is to be done, an agreement would be a necessity outlining those specific points. Loftus noted typically water restrictions relate largely to people watering their lawn and asked whether Council Member Levang was thinking of anything else. Levang stated that would be her first concern. Levang asked if there are any other large uses of water that the City Engineer thinks should be included. Martini stated lawn watering would be the largest, followed by perhaps washing cars. Printup stated he has a concern regarding the openness of the request, noting that it could be two years or longer. Printup stated he would recommend looking at this again after a year to make sure that Orono does not become obligated indefinitely. Bremer stated she would recommend providing the information that Spring Park has requested along with incorporating the items raised by the Council as part of a cover letter indicating that Orono would be agreeable to entering into an agreement with those items being included. Bremer stated she does not believe that the initial request was intended to imply that Spring Park would not be amenable to entering into an agreement. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 8 of 12    (12. SPRING PARK REQUEST FOR WATER SERVICE, Continued) Martini recommended a water model of the two systems combined be completed to make sure that all of those potential concerns are identified. Martini stated the City Council will want to ensure that Orono residents are not receiving less service because of the arrangement. McMillan stated she would be interested in helping Spring Park out due to the seriousness of the situation until the contamination is dealt with. Bremer stated she would suggest the City respond to Question No. 5 with language to the extent that Orono be given the ability to assess the impacts prior to renewal. Bremer stated with respect to Question No. 6, she does not see any political issues or concerns. McMillan stated if the DNR is going to restrict Spring Park’s use of Well No. 3, it would be nice to know what steps they are going to take to address the DNR restrictions to ensure that resources are not stretched thin for both cities. Martini stated average day use is not a concern but that maximum water days would be a concern. McMillan asked if the updates on the water treatment plant would impact this. Martini stated he does not believe so from a capacity standpoint and that work will commence on the south treatment plant this winter. Printup asked what would happen if Orono had a problem with one of their wells or treatment plants. Martini stated if there was a problem at the treatment plant, there could be some untreated water in the system, which may or may not be dangerous. Loftus noted Orono also has emergency interconnects with its neighboring cities. McMillan asked if the two treatment plants will be done at the same time. Martini stated it is his belief they will handle one site and then go on to the other. MAYOR/COUNCIL REPORT Levang stated she would like to mention that additional volunteers for the donation garden would be welcome given the amount of produce now ready for harvesting. Levang stated in regards to the scenic byway, the committee met and essentially said no to the scenic byway. Levang indicated ten cities will continue to consider a marketing effort but that Orono, Minnetonka Beach, Deep Haven, and Greenwood were not interested in pursuing the scenic byway. Printup noted Corn Days was recently held and was a good success. Printup stated the neighborhood watch event was also a good success and that he would like to thank the Long Lake Fire Department and Orono Police Department for participating in that event. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 9 of 12    (MAYOR/COUNCIL REPORT, Continued) Printup stated on his way to the meeting tonight, he received some feedback on the City’s local beaches and that he will pass that information along to the Chair of the Park Commission. Printup stated having the City Council meetings broadcast help keep the people informed on what the City is doing. McMillan stated she also attended two of the National Night Out events. McMillan indicated she went to the Hackberry Park event with the helicopter from North Memorial. Due to an emergency, the helicopter had to take off early. McMillan stated she also attended one at Stonebay, which happened to be their first event. A gazebo has been added to the area by the fountain and overall the whole development is coming along well. McMillan stated the homeowners association is becoming more active at Stonebay, which is a positive. McMillan stated the police officers were very helpful and informative at both events. McMillan noted there has been a push in the last few weeks to have the meetings of the Minnehaha Creek Watershed District videotaped and that there was an article in the Sun Sailor and the Pioneer recently about that. McMillan noted she did receive a letter from one of the local mayors asking that she send a letter to the Watershed District requesting that. The Cities of Minnetrista, Independence, Greenwood, Shorewood and Deephaven have already sent them a letter asking them to tape their meetings. McMillan stated it could be placed on the City Council agenda in two weeks. Levang stated she would like the City to endorse the videotaping of those meetings. CITY ADMINISTRATOR’S REPORT 13. SECOND QUARTER FINANCIAL REPORT Ron Olson noted the numbers are unadjusted for the second quarter, with the numbers being as of the end of June. Olson stated revenues are at 61.57 percent of budget with expenditures at 51.6 percent. Olson stated revenues are as high as they have been since he has taken over the position of finance director and that one reason for the higher revenues is that the second half property tax receipts are typically higher than the first half. Another reason is state grant/aid payments are generally received in the second half of the year. Olson stated it is expected that property tax revenue will be over 100 percent of budget at year end. Olson stated the overall expenditure amounts are a little higher than expected but are not expected to exceed 100 percent at year end. The Mayor and Council department is currently at 55.5 percent, which is due to the timing of membership payments, but it is anticipated the department will finish the year slightly under budget. Assessing is another budget that is currently at a high percentage of the budget, but will likely finish the year slightly under budget. Law and legal services are currently running over budget at 54.5 percent. Central services’ budget is currently at 55.32 percent of budget and will need to be monitored for the remainder of the year. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 10 of 12    (13. SECOND QUARTER FINANCIAL REPORT, Continued) Olson stated the police department is at 49.74 percent and the fire department is at 76.09 percent due to the timing of fire payments. It is expected the fire department will finish the year around 99 percent of budget. Police state aid will be received sometime in November and that category will likely be at 100 percent by the end of the year. Olson noted special services, which are project costs that are passed on to applicants, are over budget for the year. Olson stated given the nominal amount of this budget, any overages will be offset by related revenues. Olson stated the other General Fund department budgets are in good shape for this time of year and the overall expenditure budget is forecast to end the year at 100 percent or less. Olson stated 2014 is the first year that the building inspection function has been outsourced to Metro West Inspections. Through June the inspection service has cost $32,418.50. It is anticipated the second half of the year will have greater expenditures than the first half did. The current annual estimate for inspection services if $72,000. Olson stated the wages and benefits for a full-time building inspector would be $84,000. Olson displayed a list of the City’s investment accounts and noted the City currently has $7.8 million in CD’s. The purchase price of the City’s current investments total $17,657,881, with total interest earned through June being approximately $78,000. Olson noted in 2013, the City earned a total of $78,000 in interest and that the City’s investments in 2014 are doing much better than last year. Printup asked about the City’s AAA bond rating. Olson stated Orono is still one of the few cities in the nation that have an AAA bond rating. The City Council took no formal action on this item. Loftus stated the hiring review committee has selected their top candidate for the Public Works Director /City Engineer and will be holding their second round of interviews for the Public Works Supervisor position. The committee hopes to have the recommendations by the next City Council meeting, with possible start dates in September. Loftus stated candidate filings started on July 29 and continue through tomorrow. Primary Elections are August 12. Loftus reported construction on the new police garage addition starts August 18, which is next Monday, and that she will keep the Council updated on the progress being made. Loftus stated a technical advisory meeting for County Road 112 was held recently. Loftus stated the committee has not really met since preliminary design approval was received last winter. Hennepin County would like the technical advisory committee to focus on the first phase of the construction project, which is basically the downtown Long Lake area. Construction would start sometime in 2017. Hennepin County is looking for one council member and one resident from each community to serve on the committee, with the Project Advisory Committee (PAC) meeting approximately once a month. Loftus noted Jeanne Mabusth served on the first committee and that she would recommend her for this committee as well. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 11 of 12    (13. SECOND QUARTER FINANCIAL REPORT, Continued) Loftus indicated the second phase of the CSAH 112 project will be east of Cemetery Road and the third segment will be west of Willow Drive. Traffic will be detoured onto County Roads 101 and 6 during the construction. Loftus noted the City met with Bob Gash of the Pioneer Museum and that plans are underway for the 125th anniversary celebration in the fall. Loftus stated to her knowledge a tentative date of October 18 has been set for the event. At this time they are thinking about having an open house from noon to 3:00, with the focus being on the history of the City. McMillan stated the newsletter will hopefully be out before that date with information on the event. McMillan stated another possible date could be the weekend before if MEA is over the weekend of October 18. Loftus stated Staff will continue to work on the event. Loftus noted the Planning Commission and Park Commission joined Mayor McMillan and Council on a boat tour to Big Island. Loftus indicated she and Mayor McMillan also met with the donors of Lurton Park and that Staff is working with them on possible improvements to the park. Loftus reported the third construction update has just been issued today on the Navarre light pole project. The contractor has started to remove a few of the old poles and portions of the sidewalk. Loftus indicated she will have the construction updates placed on the City’s website. Martini stated the contractor has started with the sidewalk removal and will be installing the conduit in the near future. Martini stated to his knowledge the work will be completed sometime near the end of September. *14. CLAIMS/BILLS Levang moved, Bremer 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. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 _____________________________________________________________________________________   Page 12 of 12    ADJOURNMENT Bremer moved, Printup seconded, to adjourn the Orono City Council meeting at 8:13 p.m. VOTE: Ayes 4, Nays 0. ATTEST: __________________________________________ ______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor