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HomeMy WebLinkAbout11-28-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 2, 4, 7, 8, 9, 10, and 11 were added to the Consent Agenda. Item No. 6 was removed from the agenda. Walsh moved, Printup seconded, to approve the Consent Agenda as amended.. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING OF NOVEMBER 14, 2016 Walsh moved, Printup seconded, to approve the minutes of the Orono City Council meeting of November 14, 2016, as submitted. VOTE: Ayes 5, Nays 0. LMCD REPORT Gabriel Jabbour, LMCD Representative, noted he will be stepping down from his position at the end of his term. Jabbour stated he took the job for a particular purpose and that he has reached the end of his task. Jabbour stated he will provide a snapshot of the LMCD from its inception, the present, and the future to provide the City Council with an idea of where it should be going from here. Jabbour noted the City of Orono has a disproportionate amount of shoreline on Lake Minnetonka compared to the other 13 member cities. Orono shares a border with a city, encompasses a city, or shares a bay with a city with 10 out of 13 member cities. Jabbour stated the things that happen on Lake Minnetonka will impact Orono's property values, the residents' safety, and the safety of their children. Big Island is one of the prime assets of the City, with the island being featured in a number of magazines, but it is also at the center of unsafe activity. Jabbour stated approximately three years ago, he noticed that the LMCD had deteriorated to the point where most items were routine and the board members were not familiar with the tasks it was assigned to oversee. The number of volunteers with the Water Patrol has decreased over the years from 51 to 20 but the amount of debris and garbage and unsafe activity has increased during that time. Jabbour stated most of the board members did not really understand their role with the LMCD. Page 1 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. LMCD REPORT (continued) Jabbour stated when he became a member of the board, there was some pushback on what the role of the LMCD should be and its budget. Over the years, the LMCD embarked on a number of things that went beyond the enabling legislation and its scope. Jabbour stated as the board went through the process of reviewing things, he challenged them on a number of items. Jabbour stated this past year the board replaced their executive director, the long-time district attorney retired and a replacement will be hired, and more of the board has a totally new idea of how the board should operate. In addition, the LMCD Board is now a participating board where in the past it was a passive, non-active board. Jabbour stated the LMCD cannot function properly without all board members being fully involved. Jabbour noted many board members make decisions impacting the lake when they have never been on the lake. Jabbour indicated that has changed in the past year and the board is now more fully engaged. The LMCD also lowered its levy by 10 percent. During the process of reviewing the role of the LMCD, all of the committees except for two were eliminated. Jabbour noted the LMCD bylaws had not been changed since 1967 and that they were operating to a large extent outside of the bylaws. Over the past year the board revised the bylaws and those have been adopted. A new strategic plan was also adopted. Jabbour noted two-thirds of the board did not know there was a strategic plan prior to that. The board has also promised to recodify the ordinance in the coming year to eliminate some of the cross references that are included. Jabbour stated at the last meeting there was a discussion about responsible spending, eliminating mission creep, and focusing on what the LMCD is supposed to be doing. Jabbour stated with the help of the City of Excelsior, the LMCD joined the three reserves funds together. Those funds include the operating fund, the equipment fund, and the Save the Lake fund. Jabbour noted the levy money was being converted to the Save the Lake Fund, which is supposed to be citizen funded and is not supposed to be taxpayer money. Jabbour stated the LMCD was spending levy money to solicit funds and do other things that the Save the Lake Fund should be doing. Jabbour stated one of his goals during that meeting was to make sure the Save the Lake committee understood what that fund should be used for. Jabbour noted the Save the Lake Fund had more money in it than the general operating fund and that the LMCD's balance sheet will change drastically after the merged funds are reflected on it. Jabbour stated the biggest issue for the Board in the coming years is to make sure in the future that the mission is clearly understood so as not to undo all the hard work that has been done in the past couple of years. Jabbour stated some board members have spent an enormous amount of energy helping out on the lake and assisting with the harvesters, and that he hopes it does not go back to being a non -participating board. Jabbour stated another issue is that some of the member cities have an equal vote to Orono but they pay less than what Orono does. Jabbour stated the biggest challenge will be to transfer responsibility for some items to the appropriate agencies. An example is that the MN State Legislature said replacement of the lights on the buoys is the responsibility of Hennepin County but yet the LMCD has been doing it. Jabbour stated with the help of the sheriff, great progress has been made on some of those things but a lot of work still needs to be done. Jabbour stated it will be the board's responsibility to seek out the agency that they are supposed to be working with and ask them for assistance. Page 2 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. LMCD REPORT (continued) Jabbour noted the State of Minnesota allocated $10 million to the elimination of aquatic invasive species and that the City of Minnetonka only received $5,000 out of those funds. Jabbour stated the LMCD Board will need to deal with those issues in the coming years, and that currently, without the private sector, the lake would not function. Jabbour stated in an effort to try to address some of these issues, the LMCD has to enter into partnerships and create better relationships with other government entities. With the $320,000 the LMCD receives, they cannot do much. The LMCD will also have to go back to the legislature to update the work of the LMCD. Jabbour stated a bill has been drafted to restructure the LMCD and that hopefully that will happen. McMillan thanked Gabriel Jabbour for serving on the LMCD for the past two years on behalf of Orono and stated hopefully the LMCD Board will continue to move forward. Jabbour stated he and Jay Green were physically out on the harvesters this summer and found out that things were not run very efficiently. Jabbour stated the LMCD only used two harvesters this year and that they found out that if the motor is pulled back to 1300 rpms rather than 2700 rpms the boat runs a lot smoother, but that the difficulty is getting the workers to do that. Jabbour stated he would like to see the City of Orono send a letter to the sheriff as well as Three Rivers expressing the City's gratitude for all their help. Jabbour stated they have been a major asset on the lake. Council Member Levang asked if the harvesters need to be replaced in the near future. Jabbour indicated they do not and that they should last indefuiitely as long as they are properly maintained. Jabbour stated in order for the board members to make good decisions, they need to be out on the lake periodically so they know what is happening. PUBLIC HEARING 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 Finance Director Olson stated each year the City Council reviews the City's Fee Schedule. As part of this process, the City Council has chosen to hold a public hearing to discuss proposed changes in the Fee Schedule for 2017. Fees for water, sewer, and storm water have been set based on a rate study completed in 2008 by the City's financial advisors. The rate study was updated by Staff in December of 2013. Olson stated Staff is recommending a 4 percent increase in sewer fees, an 11 percent increase in the water rates to cover infrastructure needs, a 2.9 percent increase to cover the increase in charges from Waste Management with regard to the City's recycling program, and a 10 percent increase in storm water fees. Olson noted dredging the storm water ponds is the big expense item in that category. Staff is also recommending a $10 back flow preventer registration fee. The new fee is to cover the costs of maintaining a back flow preventer database to track compliance with annual testing requirements. Page 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 Replacement of residential fixture or appliance fee has been removed. Olson stated this fee was rarely collected because homeowners generally do not come in for a permit when replacing appliances. Other changes being recommended by Staff include the following: Elimination of the current water and sewer connection charge. That section will be replaced with new language contained on Pages 17-18. This is being done to simplify the fee schedule and remove fees that are rarely if ever charged. 2. The fence viewer fee will also be eliminated as well as the fee for street or traffic signs since that is an outdated fee that is not being collected. The Wayzata connection fees for water and sewer are being adjusted to reflect Wayzata's 2017 connection fee. 4. A simplified connection fee for new water and sewer connections into an existing utility line is being proposed. The amount will be calculated using the net infrastructure value divided by the current number of connections. The water meter and horn fees are proposed to be changed to "current cost" instead of an identified amount since the cost of the meters is not known until after the 1 st of the year. 6. A non-resident rate of 15 percent to 60 percent is being proposed for golf rates. The rational for this is based on the fact that Orono taxpayers are subsidizing the course through their property taxes. Staff is requesting the City Council make a decision on whether there should be a resident fee and a non-resident fee for the golf rates. Council Member Walsh asked if. the City had more maintenance and infrastructure needs than had been planned on or whether the money will be added to the City's reserves. Olson indicated in 2008, when the original rate study was performed, the City was not attempting to cover depreciation of the infrastructure. At that time a decision was made to cover the depreciation. Olson noted the City bonded for the new well but did not assess for it. That cost is paid for out of the water fund revenues. Olson stated when he started at Orono in 1997, the City actually did a special assessment to fund half of the project in Navarre. Olson stated it is a philosophical discussion, and that these types of projects can easily exceed $1 million. The decision that needs to be made is whether the City wants to pay for them out of the fund or assess the residents to pay for the projects. Walsh stated the City is making sure that they are covering the depreciation or replacement costs. Olson indicated that is correct. Page 4 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 Public Hearing Mayor McMillan opened the public hearing at 7:39 p.m. No public comments were received. Mayor McMillan closed the public hearing at 7:39 p.m. Walsh noted the City has never collected residential dock license and dog fees. Walsh asked whether those should be eliminated. Olson stated those will also be eliminated. Walsh asked about the fire pit fee. Walsh noted he could not find it in the fee schedule. McMillan stated to her knowledge it is not included in the fee schedule. Community Development Director Barnhart noted the ordinance requires the resident to obtain a permit but that the City does not collect a fee. McMillan stated a fee is not collected on small recreational fires but that they are collected on larger brush fires. City Administrator Loftus stated for the recreational fires, if there is a complaint, the police department has a list of who has registered to have a recreational fire. Walsh stated the only item would be elimination of the residential dock fee. Olson stated that can be removed. McMillan asked if there is anything in the City's Code that that would correspond to. McMillan suggested Staff research that item. McMillan commented she is not in favor of the large increase in the golf rates during the week since that will likely hurt the golf course in the long run. McMillan stated she is okay with the season pass rates having a residential and non-residential rate but that she is not comfortable with adding a non-resident fee to the daily rates since charging a non-resident fee would result in extra staff time and confusion. McMillan stated they are just starting to build up a good user base at the golf course and that she does not want to have a huge increase in fees. McMillan suggested having a $2 increase on the daily rate but that they should eliminate the non-resident fee. McMillan stated she would suggest the season pass rates be held steady and then increase the non-resident rate by 15 percent. Levang concurred it would be difficult to determine whether someone is an Orono resident since there are five different zip codes in the City. Levang stated there is typically only one person at the counter collecting the fees and that they need to come up with a practical manner of determining residency before increasing the fee. Page 5 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 (continued) Loftus noted Staff verifies residents' addresses with the Hennepin County property tax website to see whether they are an Orono resident. Public Works/City Engineer Edwards stated verifying the residency status is not a big deal for the season pass since they are issued at the beginning of the season. Levang stated she is okay with changing the daily fees and increasing the season pass for non-residents. Levang asked if Staff has any idea how many non-residents utilize the golf course. Edwards indicated Staff does not track that information but in his estimation it would be around 50 percent. McMillan suggested the next City newsletter include an article on the golf season and the dog park to alert the residents that there is a new rate. Council Member Printup asked what the increase is for a non-resident fee. Levang stated it would amount to $4.89. Levang commented the rates are quite reasonable and that the people with season passes tend to play a lot. Loftus asked whether other courses allow season passes to be applied to league play. Edwards stated the City used to have leagues but that they went by the wayside for the most part and they became simply groups of people who were golfing at the same time to avoid using the word league. Edwards stated the City lost a number of leagues at that time. Edwards noted the golf course staff does not actually add any value to the league so that fee was eliminated but that Staff could revisit that. McMillan noted Orono is the 4't' highest in sewer rates according to the Metropolitan Council due to the number of lift stations. Edwards stated the City's sewer system is extremely complicated for the number of people it serves with 46 lift stations. Edwards stated some of the surrounding communities have five times the number of residents but far fewer lift stations. Walsh commented budgeting for depreciation is a good idea. Olson noted Plymouth has 30,000 customers and four lift stations. Orono has 2,000 customers and 46 lift stations. Olson stated it is an expensive system to operate. Page 6 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 3. 2017 FEE SCHEDULE — ORDINANCE NO. 6697 (continued) Levang moved, Printup seconded, to adopt ORDINANCE NO. 6697, Third Series and the Summary Ordinance Adopting the 2017 Fee Schedule and an Ordinance Repealing Ordinance No. 161, Third Series, with the daily golf course rate being increased by $2, elimination of the non- resident daily fee, and imposing a 15 percent increase in the non-resident fee for season passes. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT *4. WAYZATA BOULEVARD/CSAH 112 PHASE 1 CONSTRUCTION COOPERATIVE AGREEMENT Walsh moved, Printup seconded, to approve the Construction Cooperative Agreement between the County of Hennepin and the City of Long Lake, for the construction and maintenance of the CSAH 112 Phase 1 project. VOTE: Ayes 5, Nays 0. 5. DRAFT 2017 PUBLIC WORKS PLAN Public Works Director/City Engineer Edwards stated the purpose of this item is to put the preliminary plan for 2017 before the Council for consideration and comment. Staff's intent is to bring it back for approval with any changes at the next Council meeting. Edwards stated the intent of having an annual plan is to have some guidance from the Council so the Public Works Department knows what direction to proceed in. Larger projects will be brought before the City Council prior to proceeding forward with them. Edwards stated he welcomes any input from the Council they would like to provide on the plan. McMillan noted the Park Commission had discussed not wanting to have the trail pavement improvements come out of the Park Fund. McMillan stated in her view that makes sense. McMillan noted the trail along Willow Drive between 112 and County Road 6 is on the plan. Edwards stated the alternative funding source would be the Pavement Management Fund. Walsh stated one way of determining where the funds come from is whether the trail is being replaced or fixed. McMillan commented she is in agreement with the Park Commission on the funds coming out of the Pavement Management Fund and that the City Council in the future could perhaps discuss making it a formal policy. Walsh stated with regard to the street projects, the majority of them are to be determined. Walsh stated typically in March or April they tour the roads that are in the top five to figure out which roads will be done. Page 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. 5. DRAFT 2017 PUBLIC WORKS PLAN (continued) Edwards stated they are proceeding with engineering for Fox Street based on previous Council direction. The attempt with the plan is to identify other roads that need improvement and that he would like to eventually get to a position where possible projects are identified earlier. Walsh stated he completely agrees with that approach. Levang asked if the work at the Crystal Bay Post Office will be completed. Edwards stated to his knowledge the lights were projected to be replaced in 2018. The other item was to seal the parking lot pavement and strip it. McMillan commented the golf course parking lot could perhaps be done at the same time. McMillan asked if the postmaster has expressed any complaints with people parking there to use the trail. Edwards stated it has not been a big issue. The biggest complaint is the roadside parking in front of the post office and that they are looking at placing some special flexible bollards there to distinguish between the sidewalk and the pavement. McMillan asked whether the mail box could be turned around to avoid people having to drive into the parking lot to drop off mail. McMillan stated that is something to think about to help improve the situation in that area. Walsh stated he is fine with striping and crack sealing the post office parking lot but that he does have an issue with the seal coating since it doesn't do anything for the road besides paint it. McMillan noted there is a difference between the seal coating and the chip sealing. McMillan stated the chip sealing is where the City places granite chips down. Walsh stated he is fine with the crack sealing but that he is opposed to the seal coating. Walsh noted the item is labeled seal coating. Edwards stated he can change the classification of that item. McMillan commented Long Lake does quite a bit of chip sealing and that it appears to work fine. Edwards stated the three broad categories for road repairs consist of mill and overlays, seal coating, and reconstruction. In each of those categories there is a vast array of options that can be pursued. The City Council took no formal action on this item. Page 8 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORT, CONTINUED Edwards reported on the following activities by the Public Works Department: Performed the first snow removal of the season, which was successful overall. • Winterization and site work continues on Well No. 4. A curb was installed on Lydiard Avenue. • Tree removal was performed on Ferndale North. • A water leak repair was performed on Shadywood Road. • The water line was winterized on Old Crystal Bay Road. • Branch and debris removal was conducted at Lurton Park. PLANNING DEPARTMENT REPORT - Representative Bruce Lemke 6. #15-3763/16-3860 CHRISTOPHER AND GAEL BOLLIS/CHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH — FINAL PLAT APPROVAL — RESOLUTION NO. This item was removed from the agenda at the request of the applicant. *7. #16-3868 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT — RESOLUTION NO. 6698 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6698, a Resolution Approving the Plat of Shadywood Villas, File No. 16-3868. VOTE: Ayes 5, Nays 0. *8. #16-3881 CHARLES CUDD, LLC, 2525, 2535, AND 2545 SHADYWOOD ROAD — EASEMENT VACATION — RESOLUTION NO. 6699 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6699, a Resolution Vacating Drainage and Utility Easements Associated with the Plat Leach Addition, Hennepin County, Located at 2525, 2535, and 2545 Shadywood Road, in the City of Orono, File No. 16-3881. VOTE: Ayes 5, Nays 0. *9. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 6700 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6700, a Resolution Approving a Variance from Municipal Zoning Code Section 78-1437 and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-328, File No. 16-328, for the property located at 2732 Caroline Avenue. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh commented he hopes everyone had a great Thanksgiving. McMillan reported she attended the November Planning Commission meeting and that they did a god job vetting the applications. McMillan noted the Planning Commission will not be meeting in December. Page 9 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *10. WAYZATA FIRE SERVICE AGREEMENT Walsh moved, Printup seconded, to approve the Wayzata Fire Service Contract with the City of Wayzata and approve payment for fire protection services. VOTE: Ayes 5, Nays 0. *11. 2017 LIQUOR LICENSE RENEWALS 2017 Annual Liquor License Renewals: 1. Orono Public Golf Course 265 Orono Orchard Road South Orono, MN 55391 2. O'Sullivan Holiday/Voyageur Service Centers 2420 Shadywood Road Navarre, MN 55392 3. Spring Hill Golf Club 725 County Road 6 Wayzata, MN 55391 4. Wayzata Country Club 200 Wayzata Boulevard Wayzata, MN 55391 5. Wood Enterprises, Inc., d/b/a Navarre Liquors 3421 Shoreline Drive Navarre, MN 55392 6. Woodhill Country Club, Inc. 200 Woodhill Road Orono, MN 55391 Walsh moved, Printup seconded, to approve the above -listed licenses. VOTE: Ayes 5, Nays 0. *12. CLAIMS/BILLS Walsh moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick stated he has nothing to report. Page 10 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, NovemberZI, 2016 7:00 o'clock p.m. CLOSED SESSION 13. CLOSED SESSION FOR UNION NEGOTIATIONS McMillan stated pursuant to Minnesota Statute 1313.03, the City Council will be going into closed session to discuss labor negotiation strategies. No finther City Council business will be conducted after the closed meeting other than to adjourn. Levang moved, Printup seconded, to enter into Closed Session to discuss labor negotiation strategies at 8:06 p.m. ADJOURNMENT Closed Session adjourned at 8:36 p.m. ATTEST: r� lane Tiegs, City Clerk(' 1J0"4U9.ffx-, Lili Tod McMillan, Mayor Page 11 of 11