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HomeMy WebLinkAbout09-22-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 1 of 18  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, 6, 8, 9, 11, 12 and 13 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. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 8, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of September 8, 2014, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 3. ADOPTION OF PRELIMINARY 2015 TAX LEVY – RESOLUTION NOS. 6444 & 6445 Olson stated Staff started its preliminary 2015 budget process in early June, with the City Council providing input into the budget during work sessions held in June, July, and August. At the September 8 Council meeting, the preliminary budget and tax levy was presented to the public. By state law, the preliminary tax levy must be adopted by September 30. Olson noted the Council would still have the ability to decrease the tax levy up until final adoption of it on December 8 but that the tax levy cannot be increased after tonight’s meeting. Olson stated the first resolution before the City Council tonight sets the preliminary tax levy at $4,772,000, with the vast majority of that being the $4 million for the general fund operating budget. The remaining $755,000 is for debt service on outstanding City bonds. The total amount represents a 1.5 percent increase over last year’s tax levy. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 2 of 18  (3. ADOPTION OF PRELIMINARY 2015 TAX LEVY – RESOLUTION NOS. 6444 & 6445, Continued) Olson stated the graph on the overhead shows the City’s annual tax capacity and tax levy over the past number of years. Olson noted since about the mid 2000’s, the tax levy line has stayed very flat, with the last three budgets having a zero percent increase. From 2010 to 2014, Orono has remained 8.02 percentage points below the state average for cities in tax increases. Olson indicated the next graph shows the property tax distribution. Hennepin County receives 49 percent, the school district receives 34 percent, and the City receives 17 percent, which is well below average. Olson noted that Medina, Minnetonka Beach, and Wayzata have all had double digit increases since 2009. Olson stated over the years Orono has attempted to take a very conservative approach on its budget each year. Olson stated the City’s tax rate, even with taxes going up 1.5 percent, would still decrease from about 17.81 percent to 17.64 percent. Olson noted property values are going up faster than the City’s tax rate is increasing. Olson stated if your property is the same value in 2015 as it was in 2014, that person would actually see a slight decrease of .76 percent on the City’s portion of the taxes. If the house value increases by two percent, the taxes would go up $1.60 for the whole year on a $250,000 house and $56.31 on a $2 million house. Olson noted the City’s portion of the taxes is very small compared to the county and that while the City taxes are only increasing slightly, a person’s taxes could increase more given the county tax rate and/or the school district. Olson noted the City’s revenue budget is increasing by $246,000 or approximately 3.4 percent over last year. Most of the revenue increases are in non-tax revenues and represent an increase in construction activity. Olson stated the City’s revenue has been increasing for the past couple of years and is anticipated to do so again in 2015. The City’s general fund budget for 2015 is budgeting an additional $81,500 in the building permit category, an additional $35,000 in government service charges, and $66,000 in public safety charges. Olson noted as it relates to expenditures, the preliminary budget reflects an increase of $195,597 or 2.67 percent. The largest increase is the result of the newly created Community Development Director position. With benefits, this position adds $99,000 to the General Fund Budget. The costs associated with this position are partially offset by the elimination of the building inspector position and a decrease in professional services. The City Council also approved changing the position of customer service assistant to a full-time position, which adds $24,000 to the overall budget. In order to offset some of this increase, $10,500 of the IT technician’s wages and benefits are now being allocated to the Cable Fund. Olson noted 2015 will be the second year of the 3-year labor contracts for both the police officers and sergeants. As part of their contracts, the union employees will receive a 2.5 percent wage increase and a $75 per month increase in the insurance contribution for employees with family coverage. The preliminary budget also includes a 2.5 percent increase for non-union employees. That increase will be offset by the expiration of a lump sum payment of 1.5 percent that employees received in 2014. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 3 of 18  (3. ADOPTION OF PRELIMINARY 2015 TAX LEVY – RESOLUTION NOS. 6444 & 6445, Continued) Olson noted fuel costs are budgeted to increase by $17,000 but the City has not locked in its price at this point. The City will also be experiencing a $10,000 increase in liability insurance for the police department. The City Council also added an additional $30,000 to the Public Works budget for street maintenance materials and supplies. This is the first step in a long-range plan to preserve the City’s street infrastructure. Olson stated over the past number of years the City’s park budget has been fairly low, with relatively little maintenance being performed. In 2015, repairs and maintenance for the parks department is being increased by $11,000 and $10,000 has been allocated for tree trimming, $10,000 for seasonal help, and $10,000 for minor repair and maintenance needs as identified by the Park Commission and approved by the Council. Olson stated some expenditure’s will be decreasing in 2015. With 2015 not being an election year that will result in a budget decrease of $21,025 in the elections department, but is savings for one year only. The amount being transferred from the general fund to the debt service fund for the police garage bonds is being reduced by $10,000 to $150,000, and in 2016 it is scheduled to be reduced to $125,000. In addition, the golf course will see a reduction of $10,980 for health insurance. Olson noted the total levy for debt service for 2015 is $755,000, which is the same amount as in 2014. Olson stated the second resolution before the City Council tonight is to certify the general operating fund at $4,772,000. Staff recommends adoption of both resolutions. McMillan asked if anyone from the public would like to comment on the budget. There were no public comments. Levang thanked Finance Director Ron Olson for his presentation. McMillan stated the City prepared the budget with a flat levy and then added money to certain areas that have been neglected in the past few years, including parks, roads and culverts. McMillan noted the City will have a new Public Works Director coming on board at the end of September. McMillan stated the City has the ability to reduce the levy between now and December, but that the City Council would like Staff to explore improvements to some roads. Levang stated with the new director coming on at the end of September, he will be able to become acclimated prior to the final levy being adopted. Printup stated the common theme talked about during the budget process was how the City has lost its footing in keeping up with the maintenance of certain items and that he is in agreement with the extra money being allocated to the parks and road maintenance. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 4 of 18  (3. ADOPTION OF PRELIMINARY 2015 TAX LEVY – RESOLUTION NOS. 6444 & 6445, Continued) Bremer stated she is sure Staff will continue to fine-tune the budget between now and December. Bremer noted instead of the City Council approving an overall increase of anywhere between 1 to 3 percent, the City’s budget process has become more refined through the years to help reduce expenses wherever possible. Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6444, a Resolution to Adopt the Preliminary 2015 General Fund Budget and to adopt RESOLUTION NO. 6445, a Resolution Adopting the Preliminary 2014 Tax Levy Collectible in 2015. Printup stated he is not in agreement that the budget increase needs to be set at 1.5 percent and that additional savings could possibly be found elsewhere between now and December. VOTE: Ayes 3, Nays 1, Printup Opposed. PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 4. #13-3638/39 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE – LAKEVIEW EAW COMMENTS REVIEW – RESOLUTION NO. 6446 Grittman stated the City Council is being asked to consider a resolution adopting a negative declaration on the need for an environmental impact statement for the Lakeview project. The background materials have been provided to the City Council over the past few months leading to the point where the Council is charged with the task of determining whether there will be any potential negative environmental impacts associated with this project. Grittman noted the staff report summarizes some of the supplemental work that has been performed following the original draft of the EAW. All of those materials have been submitted and reviewed by Staff. Also provided as part of the report, is a tabular summary of the comments that came in as a result of the EAW and the resolution of each of those comments. The resolution of the majority of the issues falls into two general categories. Grittman stated the first category ties up some additional information as part of the worksheet process and the second category includes some review procedures that will be incorporated into the preliminary plat process. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 5 of 18  (4. #13-3638/39 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE – LAKEVIEW EAW COMMENTS REVIEW – RESOLUTION NO. 6446, Continued) Grittman noted that it is Staff’s opinion that the comments have been adequately addressed and it is Staff’s recommendation to adopt the resolution. The resolution basically says the material submitted on the project does not have the potential for significant negative environmental impacts. Grittman stated the third item in this process is the Metropolitan Council’s review of the Comprehensive Plan Amendment. Last spring the City requested the Comprehensive Plan Amendment be removed from the Metropolitan Council committee review process until the EAW was completed and that Staff expects the applicant will return to the Metropolitan Council once the resolution is adopted. Grittman noted the resolution will be published with the Environmental Quality Board per Minnesota Rules. One of the other actions tonight is that the resolution and then the summary will be sent out to all the commenters who participated or asked for information as part of the EAW process. McMillan asked if anyone from the public would like to comment on this item. Brenda Johnson, Orono, stated she has a question regarding the archeological study. Johnson stated it is her understanding there were some holes dug and that she was wondering what criteria was used to determine how the sites were selected and sampled. Grittman stated one of the comments received was to conduct an archeological study. A consultant was hired by the development to conduct a Phase I archeological study. Grittman indicated that consultant selected sites that were felt would be most likely to have evidence of some archeological findings. The consultant then did a series of test digs throughout the site based on their judgment and found there was nothing to report. There were no other public comments received on this application. Levang stated she feels satisfied with the Lakeview EAW follow-up that has been submitted to the City Council. Bremer moved, Levang seconded, to adopt RESOLUTION NO. 6446, a Resolution Finding no Potential for Significant Environmental Impacts and Making a Negative Declaration on the Need for an Environmental Impact Statement (EIS). VOTE: Ayes 4, Nays 0. *5. #14-3675 RYAN AND STACY ALNESS, XXX ELMWOOD AVENUE/PID 07-117-23-11- 0027 – VARIANCES – RESOLUTION NO. 6447 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6447, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1279(b), for the property located at XXX Elmwood Avenue. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 6 of 18  *6. #14-3679 THOMAS AND KATHERINE ZIEGLER, 2264 SHADYWOOD ROAD – VARIANCES – RESOLUTION NO. 6448 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6448, a Resolution Granting Variances from Orono Municipal Code Sections 78-350 and 78-1685, for the property located at 2264 Shadywood Road. VOTE: Ayes 4, Nays 0. 7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER- THE-FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449 Curtis stated earlier this year the applicants began conducting improvements to their home and property at 1855 Concordia Street. The improvements included vegetation removal in the yard areas, grading of the yard areas, removal of a wooden walkway along the southwest side of the house and installation of a new boulder wall. Curtis noted the work began without the required permits for the land alterations or the wall installation. The work was stopped and inspected by City Staff. The applicants were issued an after-the-fact zoning permit to finish the minor grading remaining and install sod and finish the wall. Curtis indicated the work continued and, upon Staff inspection, appeared to exceed the amount allowed by the administrative permit. The work was once again stopped. Curtis noted at this time the applicants are seeking after-the-fact conditional permit approval to complete the land alterations. Curtis stated following the public hearing on September 15, the Planning Commission voted to recommend approval of the after-the-fact variance subject to the following conditions: 1. A reviewed grading plan should be submitted to address all requirements of the City Engineer; 2. A revised landscape plan should be submitted which provides for replacement of the two additional trees that had been removed, increased vegetative screening from neighboring properties, and a 10 to 15-foot lakeshore planting buffer. Curtis noted the applicants have provided the revised plans and they have been reviewed and approved by the City Engineer. Curtis noted that City Staff recommends approval of the application subject to compliance with all administrative City permitting requirements, compliance with the requirements of the Minnehaha Creek Watershed District, and an escrow being held until the required landscaping is installed and inspected by the City. A draft resolution has been provided for the Council’s consideration. Levang stated she has a question regarding the swale. Levang indicated when she looked at the site; it appeared the excavation on the side of the swale was very deep and that she was wondering how that soil would be treated. Levang stated it appears the water runoff has the potential to come from the front of the house down into the lake and that it appears the grade has been changed significantly. Levang asked how the runoff will be managed to prevent the water from running right into the lake. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 7 of 18  (7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER-THE- FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449, Continued) Martini stated the water runoff is directed from the house down to the lake and that there is nothing about this project that would stop or slow that down. Martini stated there may have been a swale near the property line prior to the grading being done but that to his knowledge the area that is being drained is not being changed as part of this project. Martini stated the idea would be to try to segregate the runoff and keep it on the property and prevent it from spilling onto the neighboring property to the extent possible. Martini stated a key part of this is re-establishing the turf and preventing erosion issues towards the lake, which is part of the reason and thought behind the buffer area. Levang asked if the buffer area should be increased so there is more ability for filtration. Levang stated she has a concern about the runoff and that the City should be doing everything they can to mitigate the runoff. Martini stated to his knowledge what is being proposed is similar to the property to the north as far as the width of the natural buffer. The 10 to 15 feet was felt to be consistent with what was there and that he is not sure whether that is the case or not. Levang stated at a minimum it should be 15 feet. Martini stated that would be up to the Council’s discretion. Staff felt it was important to have the buffer but that the width of it is somewhat subjective. McMillan asked how the buffer is protected from being washed out and whether silt fencing would be necessary. Martini stated until that turf is firmly established in the buffer and yard areas, it will be necessary to provide some erosion control. Levang asked whether any shrubbery would help. Martini stated anything with a significant root mass would be helpful. Levang stated the perennials identified in the landscape plan do not seem to have a significant root mass. Levang stated she is also concerned about the north side needing additional shrubs. Levang stated while the plan does list three trees, she is wondering about some additional buffering between that area and the neighboring property. Levang stated it is very unfortunate that the grade got taken down to that degree and that she would like to see it repaired. Levang stated it appears there is a hardship to the neighbor since all the vegetation in that area is now gone and the neighbor’s perennial beds are all exposed. Martini stated as Staff reviewed this property; it appeared the grades were not very significant, which will help reduce the erosion potential to a certain degree. McMillan asked if the City has any plant requirements for the buffer. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 8 of 18  (7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER-THE- FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449, Continued) Curtis indicated the Code does not dictate types of plants but that in the past the City has had a landscape architect review landscape plans. McMillan stated the City’s buffer is not the traditional DNR buffer. McMillan asked if hostas could be planted as a buffer under City code. Curtis stated the City does not have a code regulating vegetation in the buffer area. McMillan asked if the property owners are provided with any type of guidelines for the type of vegetation that should be planted in a buffer area. Curtis indicated Staff requested the applicants provide a landscape plan, which the Planning Commission reviewed. Curtis stated the Planning Commission did not provide much comment on the types of plants that were proposed to be planted but that Staff could review the list of plants and guide the applicants to perhaps look at the list of plants suggested by the DNR. McMillan asked if the Watershed District would be able to provide any assistance in that regard. Mack stated the Watershed District does have suggested guidelines or sample planting lists that are germane to certain sites. McMillan asked if Exhibit B is the list of plants for the buffer. Curtis indicated it is. Levang stated to her knowledge, given the plants being proposed, they would not have a lot of root mass. McMillan commented it is more like a perennial garden than a shoreline buffer. McMillan stated it is not something that can be resolved tonight but that perhaps Staff should take a closer look at it. Martini stated when Staff typically reviews these types of applications they look at it from the standpoint of erosion potential. Martini stated depending on the conditions and the concerns, some suggestions are provided for the type of plants that should be considered. Martini stated on this property the buffer area is flatter and has less erosion potential. Martini indicated Staff would be looking for a more natural looking shoreline that would provide some filtration to help the water quality. McMillan stated a number of the listed plants are more plants that would be placed around someone’s house and are not native plants. McMillan stated she would like to see more traditional, native plants in future applications. Bremer stated in her view the City Council should be careful about recommending specific type of plants for a particular lot because there are a number of lots that have similar types of plants near the shoreline. McMillan stated if the City is interested in having a natural looking shoreline, they should be more specific on the types of plants that should be planted along the shoreline. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 9 of 18  (7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER-THE- FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449, Continued) Printup stated the shoreline should be somewhat consistent. Levang stated the plants should do what is necessary, which is to provide filtration. Printup asked why the work continued after the stop work order was issued and whether there was some confusion on that issue. Curtis stated the applicant could explain the situation. Mr. Kelly stated their landscaper and bobcat operator did not follow the City’s directions. Kelly indicated he would like to have grass in that area for his kids. The majority of the neighbors have removed the trees near the shoreline and that they have basically removed three trees. Kelly stated they were out of town over the weekend and they came back and found a stop work order. Kelly stated the contractor was immediately fired and that the project is ending up costing significantly more money than what was anticipated. McMillan stated overall the resolution is fine but that she would like to include some language requiring the area be monitored periodically to ensure that erosion is not occurring and that more trees have not died. Levang stated she would concur with that given the fact that a number of tree roots have been exposed on this property and the neighboring property. Mattick stated the City Council is within their bounds to do that and that it could be a condition of approval that Staff is directed to determine if the erosion control plan has been implemented. Mattick noted the City does have the right to monitor CUPs after they are issued and that in his view it is reasonable to ask for periodic inspections. McMillan stated she also wanted to give the neighbor some assurance that the situation is being monitored. McMillan stated she is thinking about an inspection occurring in 2015 and 2016. Curtis asked if the Council is concerned about the trees on the site currently and knowing whether any trees have died between now and the inspection. McMillan stated she would be concerned with trees that are located within the 0-75-foot zone. Curtis noted the 0-75 foot zone basically goes up to the deck on the house. Levang asked if the City can also monitor the neighbor’s property. Mattick stated the conditional use permit only affects this property. Mattick stated if the maple tree is removed or dies, that would be between the two neighbors. Mrs. Kelly asked what maple tree they are talking about on the north side. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 10 of 18  (7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER-THE- FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449, Continued) Curtis indicated it would be the south side. Kelly stated the two trees killed by the contractor were outside of the 0-75 foot zone and that they will be replacing those with five spruce trees. Kelly stated out of the three trees that were removed, two were dead and the other one was sheared off at the top. Kelly noted those trees were not located down by the lake. Kelly stated with the trees they will be planting, they will be positive quite a few trees, but that he is curious about what tree on the north or south side was affected because he is unaware of any. Levang stated the neighbor referenced a tree in his letter to the City. Mrs. Kelly stated the neighbor has stated he had some dirt pushed on his yard and that it may possibly affect one tree located partially on his property, but that she has a picture showing the willow is alive and growing. Mr. Kelly stated according to the way the yard is staked, that tree is on their property. Kelly stated all of the neighbors have clear cut their yards and that he is planting additional trees on his property. Levang noted the City Council is speaking about the applicants’ property and not what happened on other properties. Mr. Kelly stated they are taking extreme care to protect the land and the character of the neighborhood. Bremer asked where the Mayor is thinking about adding the language regarding the inspections. McMillan stated it could be added on Page 3. Bremer suggested it be incorporated before Item No. 10. Mattick stated the language could simply say that Staff shall inspect the site for conformance with the plan that has been submitted sometime in 2015 and sometime in 2016. Mattick stated he is aware there is concern about the maple tree, but that the City is limited on what they can do about that. Mattick stated at this point it appears to be alive and doing fine and that it may have been more of an expressed concern since some grading did occur on the neighbor’s property. Levang asked whether the escrow should be increased given the fact that Staff will be conducting inspections. Mattick stated the escrow is to secure compliance with the plan and that he is not sure whether that would be necessary. Curtis stated the $700 escrow is the typical CUP review escrow and that the administrative permit following this approval is typically based on an amount that the City Engineer recommends. Mack stated the typical amount associated with that is $2,000. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 11 of 18  (7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER-THE- FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449, Continued) Levang asked if it is reasonable to add the extra escrow. Bremer stated that will be the next phase as part of the administrative permit. Curtis stated typically the City would hold the escrow through the duration of the project until establishment of the vegetation. Curtis asked whether the escrow should be held longer in this case. Bremer stated she does not envision that being necessary. Mattick stated it probably is not necessary to hold the escrow through 2016 if the work is completed and appears to be stable in 2015. Bremer stated she would put the inspection language under the conclusions as Paragraph 10 and then change the remaining numbering. Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6449, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966, for the property located at 1855 Concordia Street, with the following language being included as Paragraph No. 10: City Staff shall inspect the site once each year in 2015 and 2016 to ensure that the plants set forth in the resolution has been followed and that vegetation has been established, with the following paragraphs being renumbered as appropriate. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *8. NAVARRE STREET LIGHT AND SIDEWALK PROJECT – PAY REQUEST NO. 2 Levang moved, Bremer seconded, to approve Pay Request No. 2 for the contractor MP Technologies in the amount of $98,646.56 for the Navarre Street Light and Sidewalk Project. VOTE: Ayes 4, Nays 0. *9. ORONO ORCHARD ROAD DRAINAGE ISSUE Levang moved, Bremer seconded, to authorize the Orono Orchard Road drainage improvements recommended by Bolton & Menk. VOTE: Ayes 4, Nays 0. 10. COUNTRYSIDE DRIVE DRAINAGE ISSUES Martini stated earlier this summer he received a call from the property owners at Countryside Drive who have been experiencing some flooding on their property periodically over the years. Martini indicated he did go out to their property during one of the rain events and found that there is a significant amount of water that backs up on the north side of Countryside. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 12 of 18  (10. COUNTRYSIDE DRIVE DRAINAGE ISSUES, Continued) Martini noted he did speak with the City Council about this back in July of 2014 and that he was authorized to take a closer look at the neighborhood to determine how the drainage in this area works. Martini indicated that work has been completed and that they found that in this area there are different components that have some control over how quickly the water is able to drain from this area. There are several culverts ranging in size under Countryside Drive and Crystal Bay Road, some ditches in the area that are overgrown, as well as some culverts underneath the trail. Ultimately those culverts and ditches drain to a ponding area. Martini stated based on their modeling, they have concluded that some of the culverts are not sized adequately to handle the runoff. Martini indicated there is approximately a 30 acre area that is draining through this area and that the culverts can get overwhelmed during a larger rain event. Martini stated Staff looked at the improvements that should be made to improve the drainage and handle more water. Potential improvements include replacing the existing 18 inch culvert, upsizing the existing 18 inch storm sewer along Old Crystal Bay Road, upsizing the existing 15 inch culverts in Countryside Drive, and removing vegetation from ditches and restore channel bottoms. Martini stated the potential improvements would have very little effect on the high water elevation at this property for small to mid- sized rainfall events but would have a greater impact on the bigger events. Martini indicated the cost to do all of the improvements is fairly significant and would amount to approximately $116,400. Martini stated as Staff looked at the costs; their first conclusion was that it was a lot of money to address this issue. Further it was felt, based on Staff’s review that this is a nuisance condition that exists because of the temporary ponding that occurs during heavy rainfall events on the north side of Countryside Drive. Martini noted there are no buildings that are affected by this ponding, and as a result, it is Staff’s recommendation that the City continue to maintain the existing facilities but take no further action at this time. Martini stated if the Council decides they would like to make some improvements in this area, they could choose to do one of the options or a combination of the options. McMillan asked if all the vegetation in the ditches would be removed. Martini indicated they could be somewhat selective in what is removed, but that in order to re-establish the ditches, it would be necessary to remove most of the vegetation. Greg Vitas, 2800 Countryside Drive, stated this has been a problem that has been going on for the last 20 years. Vitas stated their property accumulates all the water coming down from Old Crystal Bay Home and Watertown Road as well as the water that comes from their own yard. Vitas pointed out the area the water drains to on their property on the overhead. Vitas stated the problem stems from the outflow of the water down Old Crystal Bay Road. Vitas indicated he has worked over the years with the City Council and engineers and surveyors to attempt to get resolution of the water issues. Many times over the years a significant amount of water has accumulated on their property. Vitas stated the heavier rainfalls are occurring more frequently and are no longer a rare or unusual event. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 13 of 18  (10. COUNTRYSIDE DRIVE DRAINAGE ISSUES, Continued) Vitas displayed a picture from 2013 of their yard following a significant rainfall. Vitas stated the water is at least two and a half to three feet deep and overwhelms the yard. The drain tile system that drains their sump pumps has to come out in the area where the water accumulates. As a result, the sumps are overwhelmed with water. Vitas displayed a number of pictures looking up Old Crystal Bay from their property. Vitas stated their whole yard basically becomes a lake following a significant rain event. McMillan asked if that is his mound system. Vitas indicated it is not. Vitas indicated the water runs into their yard flooding it and then the water attempts to get across the street. Martini noted there is a 18-inch culvert that goes through the ditch and a 15-inch culvert that goes underneath Countryside. Further down there is another 15-inch culvert. Martini pointed out the area where he suggested replacing the 18-inch culvert with a 24-inch culvert. McMillan asked if the culvert is the main problem. Martini indicated it is his belief it is a combination of all three items that were stated earlier. Vitas stated in 1996 he met with the City Council and the City Engineer regarding the water problems. Several statements were made at that time that this house should have been a walkout. Vitas indicated the home was supposed to be a walkout but it was built with a basement. Vitas stated the other issue is at that time work was done to lay a drain tile starting up three or four homes and under the street to try to get the water to go in the culvert. Vitas indicated the drain tile was supposed to connect to their home’s tile system, which did not happen. The drain tile was also supposed to be perforated and filled with pea gravel. Vitas noted the City of Orono did not ensure that was done. There were also supposed to be six cut-ins to the drain tile system. In the ensuing years, all the properties on the road increased the hardcover on their properties and essentially chopped the system up. Vitas stated it is likely the drain tile does not do anything at this point and over the years it has become more and more of an issue. Vitas displayed a picture following a rain event in June 2014. Vitas stated the water comes down Old Crystal Bay Road and into his yard. Vitas stated in April of 1995, the initial application for this house was made. Vitas indicated he purchased the home in June of 1995 and the water issues were undisclosed. As a result, Vitas indicated in July of 1995, he began the long process of meetings with City personnel; but the work conducted in June of 1996 by Tony Eiden was never inspected by the City. From 1997 to 2011, multiple city permits were pulled by the neighbors for work that likely caused disruption to the drain tile system. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 14 of 18  (10. COUNTRYSIDE DRIVE DRAINAGE ISSUES, Continued) Vitas stated in 2011 he spoke with Jesse Struve and Jim Gregory regarding the continued issues with slow drainage. In June of 2013, there were some heavy rains and again there was a meeting with Jesse Struve, at which time extensive documentation was provided regarding the water issues. Vitas stated he was worried about what would happen if the power went out during a rain event and that he eventually purchased battery operated backup pumps and a $10,000 generator. Vitas stated his request has been that the City to at least maintain the drainage ditches but that there has been limited cleaning of ditches done since then. In June and July of 2014, there were more massive rains and flooding. At that time workers lifted the manhole cover and found that the water was almost up to Old Crystal Bay Road. Vitas stated in his view he has done everything he can to get the water out from underneath his house and that he is now limited in being able to sell the home. Vitas stated the City of Orono is charged with maintaining the ditches and that as you go south on Old Crystal Bay Road, there is a culvert that collects debris that is not routinely cleaned out. Vitas stated he also disagrees with the elevation data provided in Mr. Martini’s report and that it is not that large of a distance. Vitas stated he would request the City to strongly consider remedies two and four as proposed as these would effectively facilitate water runoff from the corner. Vitas stated this is their home and that it affects virtually everything about owning the home, such as the potential for ongoing flooding and resale value of the home. McMillan stated she would like to have the new Public Works Director look at the situation. Printup asked why they feel Options 2 and 4 are the best way to resolve the issues. Jewel Vitas stated she understands that finances are always an issue but that something needs to be done to correct the problem. Vitas noted Option 2 is making the culverts bigger and Option 4 is to clean the culverts out. Vitas stated the problem is getting the water out of this area as fast as possible. Vitas indicated the water eventually drains and does what it is supposed to do but that their yard is flooded for hours after a heavy rain. Vitas stated it has happened twice a year for the past seven years. Vitas indicated their home originally was constructed as a spec home and that they had no idea about the concern that the City and developer were having with the flow of water from this development and Old Crystal Bay Road. Vitas stated in their view Options 2 and 4 would help improve the situation because if the ditches along Old Crystal Bay were open, they will be able to handle more water than what they currently are. Greg Vitas illustrated the flow of the water on the overhead. Vitas stated in 1995, the ground was so saturated that their four-season porch heaved off the house due to the frozen water pushing the pilings out of the ground. Vitas stated during the last rain event, their sump pump motor ran continuously for 15 straight days. Jewel Vitas stated they have had a dry basement for 18 years until they lost power for 14 hours last year. Vitas stated the water issues are due to the overflow from city streets and private property, which is why they are requesting the City Council seriously consider Options 2 and 4. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 15 of 18  (10. COUNTRYSIDE DRIVE DRAINAGE ISSUES, Continued) McMillan stated she will ask the new Public Works Director to take a look at the situation. Martini stated he would recommend that it be considered in light of all the other projects and needs the City has and to prioritize it in relation to those. Levang stated in her view cleaning out the ditches and culverts would make a lot of sense regardless of whether the pipes are upsized. McMillan commented that would make the water move a lot faster and that perhaps the solution would be create more storage room in the ditches. Jewel Vitas stated she has asked over the years for something to be done with the ditches and that Jesse Struve tried to initiate an every two-year maintenance program but that it comes down to money. Printup stated he does not disagree with waiting until the end of the month but that the City should give the property owners some type of commitment. Levang stated the pictures show that this has been going on for quite some time and that she would like to see a plan put in place to prevent further harm to the property. Martini noted the costs mentioned in the report assume the hiring of a private contractor and that the Public Works Department could conduct some or all of the work at a lower cost. Bremer concurred that the City should refer this matter to the new Public Works Director and that the City needs to be prepared for what work might ultimately be necessary. Jewel Vitas stated the rain eventually drains into a holding pond but that not all of it is getting there and instead soaks into the ground. Martini stated he would agree that there are minimal impacts once it gets to the pond and that the water needs to get there more efficiently. Levang indicated she would not be opposed to waiting until the new Public Works Director is able to review the situation but that she would like to see a commitment on the part of the City that they are going to do something. McMillan suggested the item be put back on the Council agenda at the end of October or early November. Levang asked when the work would be done. Martini indicated it depends on how quickly the project can be put together. The City Council took no formal action on this item. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 16 of 18  PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Martini reported work on Rest Point Road is essentially complete and that black dirt has been delivered to the site. Once that is spread, the hydro-seeding will take place. Martini indicated he will continue to follow the restoration work. Martini stated on Willow Drive south of the fire station, there is a bump in the road over a culvert. A contractor visited the site and a couple of different options were discussed. The contractor stated they would be able to come in with a machine that would heat up the pavement and the area can be reworked over the culvert. Martini indicated that work was completed last week and that the area is somewhat improved from what it was but that it is not quite as smooth as he had hoped. Martini indicated he does have a call in to the contractor to see if it can be smoothed out any further. Martini reported the Navarre lighting project has been delayed due to a problem with the manufacturer of the light poles. The City is now looking at some time in October to receive the poles. Martini indicated he had a meeting last week with the contractor to discuss the schedule. McMillan asked why the poles have been so delayed. Martini indicated there are a limited number of places to obtain the poles from and that he cannot say what the exact problem is outside that the plant broke down and all their projects were delayed. McMillan suggested Mr. Martini see if the City will be receiving a discount as a result of the delay. Levang asked if weather is a concern with installing the poles. Martini stated it is not currently but that they should be installed prior to freezing. Martini stated one of the issues that arose during the project was that there were a couple of areas of sunken sidewalks. During the work it was discovered that the catch basins underneath the sidewalks were leaking and taking in material. As a result, Hennepin County was notified and asked to make those repairs before all the sidewalk work could be completed. MAYOR/COUNCIL REPORT Levang noted the City newsletter will be coming out the first week of October. Printup noted Orono’s homecoming was held last week Friday and that he walked with the alumni portion of the parade. Printup commented the kids had a very good time and enjoyed the parade. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 17 of 18  CITY ADMINISTRATOR’S REPORT Loftus reported the foundation walls for the police garage project will be installed this week and work on the HVAC improvements has been started. The first phase of the parking lot should be finished by October 1 and the second phase will be completed by October 16. In addition, the concrete on the plaza will be replaced. Loftus noted the contractor did run into some bad soils, which ate up a good portion of the contingency, and that they have had to truck in a fair amount of sand. Loftus stated Staff and Police Chief Farniok have been working quite a bit with FEMA on the condition of the roads in an attempt to recoup some of the costs associated with the flooding. Staff will be having an in-person site visit with FEMA in the near future and that efforts are underway to recoup some of the costs associated with the work done on Starkey Road, Olive Avenue, and perhaps Baldur Park Road. Loftus noted the City Council had a chance to discuss this at the work session, but that Orono’s 125th Anniversary is scheduled for October 18 from 1:00 to 3:00 at the Pioneer Museum. Loftus noted the information has been placed on the City’s website. *11. PARK COMMISSION Levang moved, Bremer seconded, to appoint the following people to the Orono Park Commission: Bryce Johnson, Paul Pesek and Brenda Johnson. VOTE: Ayes 4, Nays 0. *12. ORONO POLICE GARAGE – PAY REQUEST NO. 1 Levang moved, Bremer seconded, to approve the payments to the contractors working on the Orono Police Garage Project as listed in an amount totaling $161,093.16. VOTE: Ayes 4, Nays 0. *13. AUTHORIZATION TO PURCHASE VEHICLE Levang moved, Bremer seconded, to approve the trading in of the 2008 Jeep Liberty and the purchase of a 2011-2012 SUV with an amount not to exceed $13,000, plus tax, title and registration. VOTE: Ayes 4, Nays 0. *14. CLAIMS/BILLS Levang moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 18 of 18  ADJOURNMENT Bremer moved, Printup seconded, to adjourn the Orono City Council meeting at 8:48 p.m. VOTE: Ayes 4, Nays 0. ATTEST ________________________________________ ______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor