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Home My WebLink About01-14-2013 Council Packet PUBLIC ATTENDANCE MEETING DATE �� 7 — �� COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER � ; ; ,_ - . 1. � -�i . ; . �y �� _r` =:.� r f ;�;,;�, ;, t,� _;w��c. �-� y, �._ ..i�- � , ; , � •�--- =, �� , � 2. ;.�. � �'1-1 �� t� 't� w� �.;�J ��" .; � �..� i �i ,`' �t cv:�:\^� �u�� ' , k 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:1�LEGAL FORMS)\�FORMS�IPUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, January 14, 2013, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Oath of Office Mayor Lili Tod McMillan Council Member Kristi Anderson Council Member Lizz Levang Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of December 10, 2012 Recognition 3. David Maass Appreciation – Resolution 4. Former Council Member Doug Franchot – Resolution LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Loren Schoenzeit, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 5. Name Assignment for Private Road in the Plat of Willow Hill (400 Willow Drive S) Public Works Director/City Engineer’s Report 6. Navarre Street Light Update 7. 2013 Engineering Services Rate 8. Willow Drive Design Services 9. Pay Request No. 1 - Lighting Retrofit for City Hall, Police & Public Works 10. Pay Request No. 6 – Orono Orchard Rd Mayor/Council Report Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification City Administrator's Report 11. Annual Appointments - Resolution 12. Navarre Area Update & Process 13. Police Chief Update 14. Request to Hire Police Department Full-Time Police Officer 15. Request to Hire Police Department Administrative Assistant 16. Crystal Bay Post Office - Resolution City Attorney's Report 17. Licenses & Permits 2013 One Day Gambling Permit – Resolution Residential Kennel Licenses Massage Therapy License Tobacco Licenses * 18. Bills Adjournment Upcoming Issues and Events 2013 01/21 – HOLIDAY, Martin Luther King, Jr. Day, Monday 01/22 – Planning Commission Meeting, Tuesday, 6:30 p.m. (Council Liaison – Mayor McMillan) 01/28 – Council Work Session, Monday, 5:30 p.m. 01/28 – Council Meeting, Monday, 7:00 p.m. Oath of Office - CC Agenda - 01/14/2013 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 15 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, Aaron Printup, and David Rahn. Representing Staff were City Administrator Jessica Loftus, Assistant City Administrator of Long-Term Strategic Planning Michael Gaffron, City Clerk Lin Vee, Finance Director Ron Olson, Planning Coordinator Melanie Curtis, City Engineer/Public Works Director Jesse Struve, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance. PUBLIC HEARING 1. 2013 Budget Hearing – 2013 Budget and Tax Levy Olson stated the truth-in-taxation hearing is to allow for public input into the City’s 2013 budget and tax levy. Tonight’s meeting is the culmination of the City’s budget process that began back at the beginning of June. At a work session in June, the Council was provided background information on the budget and an overview of the budget challenges for 2013. Based on the Council’s input, a draft budget was prepared and provided to the Council for their review at the July 20, 2012, work session. The draft budget was refined further and the updated draft was presented to the Council at the August 27, 2012, work session. The preliminary budget was approved at the September 10th Council meeting. An additional work session was held on October 20th to discuss the City’s enterprise fund budgets. As it relates to the City’s tax levy, a person’s taxes are calculated based on a formula determined by the state legislature. According to the Hennepin County Assessor, the City’s taxable market value is $2,364,624,166 with a tax capacity of $26,790,412. When compared to last year, the City’s taxable market value has decreased by 7.39 percent and the tax capacity by 7.92 percent. As a result of the City’s decreased tax capacity, the tax capacity rate will increase from 16.28 percent in 2012 to 17.55 percent in 2013. This increase is solely the result of the decreased tax capacity. The City’s tax levy did not increase. The actual tax impact on any particular property will depend on how the property’s taxable value changed in relation to the rest of the City. Olson stated the estimated market value is multiplied by the class tax rate for an individual property and there are different rates depending on the type of property, such as commercial/industrial or homestead versus non-homestead. The average tax base distribution for a city in Minnesota is 50 percent residential homestead and 14 percent nonresidential, for a total of 64 percent in the average city in Minnesota. Olson noted 95 percent of Orono’s property tax based is based on residential properties, with the other 5 percent consisting of farm land and commercial/industrial properties. After the county assessor sets the value on every property in the city, those numbers are added together and the median number is taken, which gives you the City’s tax capacity. The City Council tonight will pass the property tax levy, which will be divided by the total city tax capacity, which will then result in the tax capacity rate. The City’s tax capacity rate for 2013 is estimated to be 17.55 percent. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 1 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 15 (1. 2013 Budget Hearing – 2013 Budget and Tax Levy, Continued) To determine someone’s taxes, the county assessor will take an individual property’s net tax capacity times the City’s tax capacity rate, which is the 17.55 percent, to arrive at the net tax on an individual property. If a residential property is worth $500,000, the tax capacity would be $5,000 times 17.55 percent. Olson noted it is possible for a person’s property value to increase while their city tax decreases. It is also possible that a person’s property value will decrease while their city tax increases. Olson indicated it all depends on how your property valuation changes in comparison to the other properties in the city. Olson noted the City’s tax levy will remain at the same level as 2012 and 2011. The cities of Shorewood and Spring Park are also proposing a zero percent increase in their tax levy. The cities of Long Lake and Minnetonka Beach are proposing increases. Olson stated in 2012, Hennepin County received almost 44 percent of the taxes collected, school districts received 31.82 percent, and the City’s share was 15.25 percent. The remaining portion goes to the Metropolitan Council, the Hennepin County Railroad Authority, and some other small entities. In addition, the average property tax distributions in Minnesota for 2012 were at 28 percent, which means that in an average city in Minnesota, 28 cents out of every dollar went to the city. In Orono, only 15 percent went to the City. Olson stated the Orono City Council has done a good job at holding City taxes in line over the years, which has allowed Orono to remain towards the bottom for city taxes collected. Olson stated a person’s city tax dollars pays for a number of things. The General Fund receives $3.9 million, which pays for plowing the streets, police and fire protection, and general city functions. Another $755,000 goes to pay down the city’s debt service. The total tax levy required to fund the 2013 budget is $4,701,760. This is the same amount that was levied in 2011 and 2012. The budget does include a 1 percent increase in wages, a $50 per month contribution for each employee’s family health insurance, which results in approximately a $51,000 increase. Olson noted the City was able to keep the budget and the tax levy at the same level as 2012 even though inflation increased at 2.2 percent. The addition of Mound to the City’s police service area has had a major impact on the General Fund budget. The proposed 2013 General Fund expenditures are $7,348,630, which is an increase of 27 percent from the 2011 budget. This increase is fully funded by an increase in police service contract revenues and no tax dollars will be used to fund the services provided to Mound. The total levy for debt service has decreased by $14,000 for 2013. This levy is used to pay the debt service on the City’s outstanding bonds. Based on the existing debt, the levy needed for debt service will decrease in future years and the City’s total debt service will be paid off by 2026. The Water, Sewer, Stormwater, and Recycling Funds are designed to account for the business type activities of the City. These funds do not receive any property tax revenue. 2013 is the second year that the City will adopt formal budgets for the enterprise funds. As part of the 2013 fee schedule, the following rates increases are proposed: Water by 6.5 percent; sewer by 2 percent, stormwater by 5 percent, and recycling by 5 percent. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 2 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 15 (1. 2013 Budget Hearing – 2013 Budget and Tax Levy, Continued) Mayor McMillan opened the public hearing at 6:53 p.m. There were no public comments regarding this item. Mayor McMillan closed the public hearing at 6:53 p.m. Formal action on this action was taken under Agenda Item No. 20. APPROVAL OF AGENDA CONSENT AGENDA Item Nos. 8, 9, 12, 14-17, 21-28, and 30-32 were added to the Consent Agenda. Bremer moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. CITY COUNCIL WORK SESSION OF NOVEMBER 26, 2012 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council work session of November 26, 2012, as submitted. VOTE: Ayes 4, Nays 0. *4. REGULAR CITY COUNCIL MEETING OF NOVEMBER 26, 2012 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council meeting of November 26, 2012, as submitted. VOTE: Ayes 4, Nays 0. OATH OF OFFICE Orono Police Chief Corey Farniok noted these officers are being transitioned from the Mound Police Department into the Orono Police Department. Farniok presented the following officers with their badges: Sergeant Ken Beck, Officers Mike Fournier, Paul Hooper, Dan Niccum, Brent Rasmussen, Brad Schoenherr, Ryan Spencer, Mike Sussman, and Jami Wittke. Farniok noted that Police Officer Amy Swanson was unable to attend tonight’s meeting. Mayor McMillan welcomed the officers to Orono and administered the oath of office to the following Orono Police Officers: Sergeant Ken Beck, Officers Mike Fournier, Paul Hooper, Dan Niccum, Brent Rasmussen, Brad Schoenherr, Ryan Spencer, Mike Sussman, and Jami Wittke. Mayor McMillan acknowledged Mound Council Member Ray Salazar and Mayor Mark Hanus and thanked them for attending tonight’s ceremony. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 3 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 15 RECOGNITION Mayor McMillan presented a plaque to Lin Vee in recognition of her outstanding 22 years of service as Orono’s City Clerk. McMillan, on behalf of the Orono City Council, also presented Lin Vee with a framed print depicting a rural scene in Orono. Printup moved, Rahn seconded, to adopt RESOLUTION NO. 6186, a Resolution of Appreciation to Lin Vee, Upon Her Retirement, For More than 22 Years of Dedicated Service to the City of Orono. VOTE: Ayes 4, Nays 0. PRESENTATION Thomas Longe addressed the Orono City Council regarding his updated proposal for a Veterans Memorial in front of City Hall. Longe stated at this time he is requesting approval from the City Council to proceed with the conceptual project that was first presented on November 13th. The Boy Scouts of America requires that two forms be signed by the project beneficiary, which would be the City of Orono, prior to commencement of the project. Longe indicated he has received approval by his scout master to proceed and that his Eagle Scout project will then be presented to the Troop 206 Parent Committee for their review and then to the Northern Star Council for final approval. Longe displayed a picture of the area in front of the City Hall building as it looked this past spring. The original design presented in November included five flag poles, a memorial plaque, and a bench. Based on the feedback from the City Council, the plan has been revised slightly and Longe indicated he is now proposing to eliminate the five smaller flag poles and that he would like to refurbish the existing World War I plaque. Longe stated the amount of money he is able to raise will dictate what the final design will be and that this project will likely be implemented in stages. Longe indicated he would like to create the Veterans Memorial out of granite and include various plantings in the area. Longe stated he is considering incorporating some additional arborvitae to match what is currently there. Longe displayed pictures of some possible options he is considering for the memorial. One option is a granite memorial that would circle the flag pole and include the logos of the various branches of the Armed Services. Due to the cost, it may be necessary to downsize the granite memorial or simply go with benches. Another option would be to incorporate six plaques around the flagpole, one for each of the military branches. Longe indicated he will continue to work with City Engineer Struve and Monument Design Professionals over the coming months and that he would like to present a more concrete design in the spring based on his fundraising. The fundraising will be conducted from January to June of 2013. Longe indicated he is responsible for raising all of the necessary funds and that the City of Orono will not need to contribute financially toward the cost of the project. Some possible funding sources would include local businesses and service organizations. Longe indicated he will also be submitting a community interest article for the local newspapers and sending letters to various family members and friends. Any leftover funds would go to the City of Orono. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 4 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 15 (PRESENTATION, Continued) Longe stated he would like to start construction in the spring of 2013, with the final design being approved by the City Council prior to the work commencing. McMillan suggested the City contribute to the refurbishment of the World War I memorial plaque. Printup asked if the City Council should approve the concept plan first or whether he would be able to start the fundraising prior to City approval. Longe indicated he requires a signature from the City on both forms prior to commencing fundraising. Bremer and Rahn stated they prefer the first option. McMillan stated the more formal benches are also nice and fits in nice with the proposal. Printup moved, Rahn seconded, to approve the concept of an Eagle Scout Veterans Memorial Project as presented by Thomas Longe. VOTE: Ayes 4, Nays 0. LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE Andrew McDermott reported the LMCD will be holding a public hearing this Wednesday to gather public comments on the milfoil control projects. McDermott noted there have been a fair amount of articles in the local newspapers containing some misinformation on the projects. The LMCD primarily will be taking public comments at the meeting and will not specifically be discussing the project. McDermott stated one incorrect fact published in the paper is that over the last five years the partnership has been about a 50/50 split if you take into account some of the money that comes from the various cities to participate in the program. McDermott indicated that number is slightly incorrect. Another incorrect fact is that it is more cost effective to use herbicide treatment based on the number of acres, which is also not true. McDermott indicated the bays are surveyed in the fall and the areas to be treated are then identified. Since the milfoil grows in different places every year, it is necessary to conduct the analysis in the fall and then determine which areas are the best candidates for the chemical treatment or the harvesting. McDermott noted all areas of the lake are not conducive to chemical treatment and the treatment areas need to be more closed off to the rest of the lake. McDermott reported the LMCD will begin work on its 2014 budget in March of 2013 and that he will be looking for Council input on the budget in February. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 5 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 6 of 15 PLANNING COMMISSION COMMENTS – BRUCE LEMKE, REPRESENTATIVE Lemke reported at the last Planning Commission work session, they reviewed some upcoming applications, the hardcover regulations and calculations with Mike Gaffron, and discussed the upcoming year. Since the economy is looking better, the Planning Commission is anticipating more applications. The Planning Commission is looking forward to a joint work session with the City Council in the near future. PUBLIC COMMENTS Ralph Kempf, 3675 Togo Road, commended Lin Vee on her wonderful smile and the great work she has done for the City of Orono over the past 22 years. PLANNING DEPARTMENT REPORT *8. #12-3573 HERMAN AND MARILYN CRAWFORD, 4745 NORTH SHORE DRIVE – VACATION – RESOLUTION NO. 6187 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6187, a Resolution Vacating a Dedicated Right-of-Way Within the Plat of Bergquist’s and Wicklund’s Park, Hennepin County, Minnesota. VOTE: Ayes 4, Nays 0. *9. #12-3581 MICHAEL AND SHARON BASKFIELD, 2755 CASCO POINT ROAD – VARIANCES – RESOLUTION NO. 6188 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6188, a Resolution Granting Variances to Orono Municipal Code Sections 78-1685 and 78-1700, for the property located at 2755 Casco Point Road. VOTE: Ayes 4, Nays 0. 10. #12-3584 PERRY SCHMIDT ON BEHALF OF RALPH AND PEGGY BURNET, 517 FERNDALE ROAD NORTH – AFTER-THE-FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6189 Curtis noted the applicant would like to address the City Council regarding the after-the-fact fee. Perry Schmidt, Applicant, stated he would like the City Council to consider a reduction or waiver of the after-the-fact fee. Schmidt indicated he recently purchased the property and tore down the existing house. Following the demolition, some fill was brought in without the necessary permit being obtained for that work. Schmidt indicated since it was less than 500 cubic yards, he did get administrative approval later for that work. Due to the fact that there is a wetland on the site, the Minnehaha Creek Watershed District was asked to get involved and they required some additional work be completed on the site. One of the conditions was that additional dirt be brought in and the area seeded. Schmidt indicated he attempted to keep the City informed and involved in trying to resolve the issue. Schmidt stated the additional dirt was brought in and that he sent an e-mail notifying Staff and the Watershed District when the work was going to take Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 6 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 15 (10. #12-3584 PERRY SCHMIDT ON BEHALF OF RALPH AND PEGGY BURNET, 517 FERNDALE ROAD NORTH – AFTER-THE-FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6189, Continued) place. The day after the work was completed, Schmidt indicated he was told that he violated the original agreement since he did not request another conditional use permit for fill in excess of 500 cubic yards. Schmidt stated he was told that the application fee would be $700 and that the after-the-fact fee would be another $700. Schmidt stated in his view that is a pretty stiff penalty and that he initially came here tonight to request that the fee be reduced to $700, but that he is now requesting the City refund the $700 fee and that he would be willing to donate that to the fundraising effort for the Veterans Memorial. Rahn moved, Printup seconded, to adopt RESOLUTION NO. 6189, a Resolution Granting a Conditional Use Permit for Land Alteration Pursuant to Municipal Zoning Code Sections 78-966 and 78-968, for the property located at 517 Ferndale Road North, and to approve refunding the $700 after-the-fact fee on the condition that the $700 be donated to the Veterans Memorial Project. VOTE: Ayes 4, Nays 0. *11. #12-3587 BAUER DESIGN BUILD, INC., 450 OLD CRYSTAL BAY ROAD NORTH – CONDITIONAL USE PERMIT – RESOLUTION NO. 6190 AND AMENDMENT TO DEVELOPMENT AGREEMENT Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6190, a Resolution Granting a Conditional Use Permit Pursuant to City Code Section 78-826(9) for Property Located at 450 Old Crystal Bay Road North. VOTE: Ayes 4, Nays 0. *12. 12-3580 CITY OF ORONO – CITY OF ORONO ON BEHALF OF DONALD O’REILLY, ET AL, 3928 CHERRY AVENUE – REZONING – ORDINANCE NO. 97, 3rd Series Bremer moved, Printup seconded, to adopt ORDINANCE NO. 97, 3rd Series, City of Orono, Hennepin County, Minnesota, an Ordinance Amending the Orono Municipal Code by Listing the Legal Description of the Property at 3928 Cherry Avenue as Rezoned from Partially LR-1B and Partially LR-1C to LR-1C to LR-1C in its Entirety. VOTE: Ayes 4, Nays 0. 13. #12-3586 CITY OF ORONO – AMEND ZONING CODE SECTIONS 78-394, 78-419, 78- 443, AND 78-566 Gaffron noted this is a housekeeping text amendment to help clean up the existing ordinance that was adopted in December of 2010. There were a number of revisions made to the zoning code sections regarding accessory and conditional uses at that time. Since the ordinance is rather long, Staff did a number of cuts and pastes as it compiled the ordinance and it has come to Staff’s attention that there is an error in the ordinance. Orono’s rural residential districts in the past have always treated farm animals as an accessory use and not as a conditional use. In the lakeshore residential districts and other permanent residential districts, they have traditionally been a conditional use or not allowed. When the language was adopted in 2010, there were some cut and paste errors where it now currently states that for rural residential districts, if a person Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 7 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 8 of 15 (13. #12-3586 CITY OF ORONO – AMEND ZONING CODE SECTIONS 78-394, 78-419, 78-443, AND 78-566, Continued) applies for a conditional use permit for an accessory use, there are certain standards that must be met. Gaffron indicated that when it is listed as an accessory use, you do not need to apply for a conditional use permit. This text amendment is changing the language to what it was originally intended to state so that rural residential districts do not require a conditional use permit for their accessory use of farm animals. The other portion of the proposed text amendment deals with Ordinance No. 90, which added gardens to the list of permitted residential uses in December of 2011. There was a reference that was inadvertently not changed in Section 78-566, which this text amendment is intended to correct. McMillan asked when horses are stabled and the property does not have the required acreage, why a conditional use permit is not required. McMillan indicated she does not understand the language “at the Council’s discretion” in that section. Gaffron stated at the bottom of Page 2 of the Planning Commission memo, what it is proposed to state is the following: “For the keeping of horses, there must be at least one acre for dwelling and two acres of open pasture for the first horse. For the keeping of more than one horse, the property must have one additional acre of open pasture for each additional horse.” Gaffron indicated those are requirements regardless of whether or not the property owner is looking for a conditional use permit. As it relates to the language “calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under Section 78-1602,” that is also a requirement that must be kept. In the case of the language that states, “when horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council,” that would deal with a situation where the City Council would have in front of them a request for a waiver of the required acreage for pasture. In that situation it may not necessarily come before the City Council as a conditional use permit. Gaffron indicated if the City Council would like to make that a conditional use, Staff would have to add language in a different section making it a conditional use permit and then bring it back before the Council in January. Gaffron noted there is not a specific mechanism in the current code that says it should be a conditional use permit but it can be made one. Bremer asked what the request would be if it is not a conditional use permit. City Attorney Mattick indicated he has not reviewed the text amendment in depth but the language that caught his attention was the minimum pasture requirement may be adjusted at the discretion of the City Council. Mattick stated in that type of situation he would typically look at what the standard is for review as it relates to a conditional use permit. Gaffron noted the language “at the discretion of the Council” has been in the code for a number of years but that it could be changed to make it a defined process. Bremer commented she is not sure what would be considered to even be at the Council’s discretion. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 8 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 9 of 15 (13. #12-3586 CITY OF ORONO – AMEND ZONING CODE SECTIONS 78-394, 78-419, 78-443, AND 78-566, Continued) Mattick stated it would be nice to have that criteria spelled out so that each applicant knows they are being treated the same. Bremer indicated she is fine with making the proposed changes tonight but that perhaps that language could be clarified. McMillan stated as it relates to farm animals, she is not sure whether the Council wants to address the number of chickens one property can have. McMillan noted that under current Code, a person can have a fairly large number of chickens. Gaffron indicate that would be outside the scope of what these changes were intended to accomplish. If the City Council would like to review some of these issues, such as allowing roosters and the number of chickens that would be allowed, Staff can take a look at that and bring it back before the City Council in January. Bremer moved, Printup seconded, to table Application #12-3586, City of Orono – Amend Zoning Code Sections 78-394, 78-419, 78-443, and 78-566. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *14. PAY REQUEST NO. 2 – 2012 ORONO STREET MAINTENANCE PROJECT Bremer moved, Printup seconded, to approve Pay Request No. 2 for the contractor CS McCrossan Construction, Inc., in the amount of $236,650.77 for the 2012 Street Maintenance Project. VOTE: Ayes 4, Nays 0. *15. PAY REQUEST NO. 5 – ORONO ORCHARD ROAD RECONSTRUCTION PROJECT Bremer moved, Printup seconded, to approve Pay Request No. 5 for the contractor Minger Construction, Inc., in the amount of $647,620.11 for the Orono Orchard Road reconstruction project. VOTE: Ayes 4, Nays 0. *16. PAY REQUEST NO. 2 – WAYZATA BOULEVARD SANITARY SEWER PROJECT Bremer moved, Printup seconded, to approve Pay Request No. 2 for the contractor GM Contracting, Inc., in the amount of $34,353.23, the Wayzata Boulevard Sanitary Sewer Project. VOTE: Ayes 4, Nays 0. *17. PAY REQUEST NO. 2 – OLD CRYSTAL BAY ROAD OVERLAY PROJECT Bremer moved, Printup seconded, to approve Pay Request No. 2 for the contractor Northwest Asphalt Inc., in the amount of $4,972.81 for the Orono Orchard Road Overlay Project. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 9 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 10 of 15 18. CAPITAL IMPROVEMENT PLAN (CIP) Struve stated before the Council tonight is the final version of the City’s Capital Improvement Plan. Struve indicated he has been working with Bolton & Menk on the CIP and that typically the CIP is revised on a yearly basis to plan for long-term major expenditures in many of the different departments. The CIP was presented to the City Council at two different work sessions and many of the concerns and ideas raised by the City Council have been incorporated. Struve stated in his view this is a good document moving forward and that he would ask that the City Council approve the CIP. Printup stated in his view the CIP is a good step forward. As it relates to the MSA street plan, Printup indicated he was surprised to see that Old Crystal Bay Road was included on the list since it has just been improved this year. Printup suggested that Old Crystal Bay Road be removed from the list and insert the MSA portion of Fox Street. Printup indicated he would like to see some of the other roads called out on the list, such as Fox Street and Stubbs Bay Road. Struve noted the condition of the road will dictate when it should be on the list. Old Crystal Bay Road is currently listed for 2017 and the work that was done this last spring is approximately a three to five year fix. Struve reiterated that the condition of the road will dictate when work needs to be done and that the CIP will be revisited yearly. Based on the condition of the road, it may or may not need to be improved. Struve indicated he can change it in the document but that he would recommend leaving it for this year and then re-evaluate it next fall. Rahn indicated he is in agreement with Council Member Printup and that it is surprising to see roads contained in the CIP that have just been improved. Rahn noted Orono has streets that have not been redone for over ten years and that those streets are not listed in the CIP. Rahn indicated he would like to know that those streets are included in there. Rahn acknowledged the City can change the CIP as they go forward, but that he does not want to start with roads that have just been worked on. McMillan expressed a concern that they have $6.8 million worth of projects in the year 2017, which is the highest out of the five years. Struve stated the year that is the most accurate in the CIP will be for 2013. Struve indicated he is pretty confident with what has been shown for major expenses that should take place. By approving the CIP, the City Council is not authorizing any expenditure for 2013 or any year thereafter and it is simply a planning document. Struve noted the number for 2017 may change depending on the condition of the roads but that 2013 is the most accurate at this time. Bremer commented the residents of the City should have an opportunity to provide input into the CIP and that there needs to be a better mechanism in place to allow for residents to discuss potential road improvements. Bremer stated the City should identify some other really important roads that do not necessarily service public facilities but serve a number of residents. Bremer stated the Council should devise a system that allows the residents and the City Council to become more knowledgeable about the process that is gone through in selecting the various roads. Rahn stated in his view the roads that are heavily traveled should not always weigh more than some of the residential streets and that it should be more driven by the condition of the infrastructure underneath the road. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 10 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 11 of 15 (18. CAPITAL IMPROVEMENT PLAN (CIP), Continued) Bremer noted this is a loose planning document for the future and does not authorize any projects. If certain roads never make the list, that can be a point of contention. McMillan stated it is important for the residents who live on some of these roads to know that the City is looking at them and acknowledges that there are some roads that are in bad shape. McMillan noted the CIP helps the City identify improvements to roads at some point in the future and that she has a concern that some of these roads are being overlooked. Struve stated they are not ignoring any road in the City and that one of the attachments at the back of the CIP is the Pavement Management Plan, which was created in 2007 and updated in 2011. The Pavement Management Plan does rate the condition of every road in the City and looks at what type of work should be performed. Struve indicated part of the problem he has with the Public Works budget is that it does not have a steady road repair maintenance fund in order to prioritize some of these roads. Struve stated that is a major concern and perhaps should be discussed by the Council at some point in the future. McMillan noted the Pavement Management Plan was completed by the previous engineering firm and that she would like a second opinion on some of these evaluations that were done. Struve indicated they tend to evaluate all the roads on a two or three year cycle and that they then update the Pavement Management Plan based on that review. Struve noted the CIP and Pavement Management Plan are reviewed by Bolton & Menk and himself on a continuous basis. Printup noted a lot of the Hennepin County road projects that took place this year were mill and overlay and that it seems a lot of the discussion at the City level is reconstruction of the road. Struve indicated they are not opposed to overlay and that it depends on what the road bed underneath the pavement consists of, which dictates what the options are. All options will be discussed and reviewed to arrive at the most economical solution for the roadway. Struve indicated that until you get to the point of soil borings, they really do not know what option will work best for a particular roadway since they are all different. McMillan stated looking at ways to extend the life of the road should be part of the philosophy of the City. McMillan noted the City has a number of roads that require repair but that she does not see the City financially being able to do them all. Struve stated if the road is in borderline condition, the Council may want to do a mill and overlay rather than a full reconstruction. Struve indicated there are some options, which is why Hennepin County is doing some overlays. Struve stated he understands that the roads are deteriorating and that it generally costs more money to reconstruct them than what the City has available. Rahn stated that mill and overlay could be another column in the CIP. Once a road falls into the category of reconstruction that substantially raises the costs. Rahn stated he is basically talking about preventing Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 11 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 12 of 15 (18. CAPITAL IMPROVEMENT PLAN (CIP), Continued) the roads from getting to the point of requiring reconstruction by doing such things as seal coating and mill and overlay. Struve indicated he would prefer to have all three options done every year. If there is a known dollar amount that is available for funding on a yearly basis, you can then start to prioritize roads and taking those types of measures. Printup indicated he is okay with the CIP minus Old Crystal Bay Road. Printup moved, Rahn seconded, to approve the Orono Capital Improvement Plan with the elimination of Old Crystal Bay Road. Printup stated one component to the CIP should be knowing what the citizens are requesting and understanding why the roads are included in the CIP. VOTE: Ayes 4, Nays 0. Struve noted that construction on Orono Orchard Road has now been completed and that the road was opened for traffic on Friday. Some minor landscaping work will be done in the spring as well as the final lift of asphalt. Struve reported the Public Works Department was out both Saturday and Sunday and did a wonderful job at keeping the roads plowed. MAYOR/COUNCIL REPORT McMillan, on behalf of the City of Orono, thanked Council Member Rahn for his two years of service as well as his help on the Hardcover Task Force, the Mound police contract, and various engineering issues that came up during his tenure on the Council. Rahn stated in his view the City has done a lot of good work on a number of items and ultimately accomplished some positive things in the past year. CITY ADMINISTRATOR’S REPORT 19. 2013 FEE SCHEDULE – PUBLIC HEARING – ORDINANCE AND SUMMARY ORDINANCE NOS. 98, 3rd Series Lin Vee, City clerk, stated revisions have been made to the fee scheduled based on input by the City Council at its last meeting. Vee noted Staff is recommending that the Zoning Permit fee for residential docks remain in the fee schedule. Vee noted since there are zoning fees contained within the fee schedule ordinance, the City Council is required to hold a public hearing. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 12 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 13 of 15 (19. 2013 FEE SCHEDULE – PUBLIC HEARING – ORDINANCE AND SUMMARY ORDINANCE NOS. 98, 3rd Series, Continued) Mayor McMillan opened the public hearing at 8:10 p.m. There were no public comments regarding this item. Mayor McMillan closed the public hearing at 8:10 p.m. Bremer moved, Printup seconded, to adopt SUMMARY ORDINANCE NO. 98, 3rd Series, and ORDINANCE NO. 98, 3rd Series, an Ordinance Adopting the 2013 Fee Schedule and Repealing Ordinance No. 91, 3rd Series. VOTE: Ayes 4, Nays 0. 20. ADOPTION OF 2013 BUDGET AND TAX LEVY – RESOLUTION NOs. 6191, 6192, 6193, & 6194 Printup moved, Rahn seconded, to adopt RESOLUTION NO. 6191, a Resolution Adopting the Final 2012 Tax Levy Collectible in 2013; RESOLUTION NO. 6194, a Resolution to Adopt the 2013 Enterprise Fund Budgets; RESOLUTION NO. 6192, a Resolution to Adopt the Final 2013 General Fund Budget; and RESOLUTION NO. 6193, a Resolution to Adopt the 2013 Special Revenue Fund Budgets. VOTE: Ayes 4, Nays 0. *21. APPROVE 2012 INTERFUND TRANSFERS Bremer moved, Printup seconded, to approve the transfers and loan payments as indicated on the Schedule of 2012 Interfund Transfers and Loan Payments. VOTE: Ayes 4, Nays 0. *22. 2013 NON-UNION EMPLOYEE COMPENSATION ADJUSTMENTS – RESOLUTION NO. 6195 Bremer moved, Printup seconded, to establish the 2013 Non-Union Employee Compensation Adjustments and to adopt RESOLUTION NO. 6195, a Resolution Approving Pay Plan Adjustments for Non-Union City Employees for 2013. VOTE: Ayes 4, Nays 0. *23. PROPOSED 2013 OFFICIAL CALENDAR Bremer moved, Printup seconded, to approve the 2013 Official City Calendar. VOTE: Ayes 4, Nays 0. *24. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2013 Bremer moved, Printup seconded, to approve the schedule for Council attendance at Planning Commission meetings during 2013. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 13 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 15 *25. APPOINTMENT OF DEPUTY CHIEF Bremer moved, Printup seconded, to approve and promote Sergeant Chris Fischer to the position of Deputy Chief. Salary to start at Year 5, Level 7 ($87,929). VOTE: Ayes 4, Nays 0. *26. REQUEST TO HIRE PART-TIME POLICE OFFICER – RESOLUTION NO. 6196 Bremer moved, Printup seconded, to hire Jane Szczepanik as part-time police officer at a pay rate of $24.93 per hour with a start date of December 11, 2012. VOTE: Ayes 4, Nays 0. *27. PURCHASE OF WEBLINK FOR DOCUMENT MANAGEMENT SYSTEM (LASERFICHE) Bremer moved, Printup seconded, to approve the purchase of the Laserfiche WebLink software and installation at a cost of $19,403.81, and to approve the annual software support program. VOTE: Ayes 4, Nays 0. *28. WAYZATA FIRE SERVICE CONTRACT Bremer moved, Printup seconded, to approve the Wayzata Fire Service Contract with the City of Wayzata and approve payment for fire protection services. VOTE: Ayes 4, Nays 0. 29. MUNICIPAL FACILITIES CLEANING SERVICE AGREEMENT ADDENDUM Lin Vee stated Staff attempted to reduce the number of days of cleaning this past year but Staff felt that things were not up to par by reducing the amount of cleaning. The public works building and the police department are subject to heavier use and Staff felt that cutting the service was not meeting the City’s needs. Staff is recommending that the service be increased back to its normal schedule. McMillan asked if this is a one-year contract. Vee indicated it is a one-year contract at first and then after the one year the City just needs to provide notice of cancellation. Printup moved, Rahn seconded, to approve the Vanguard Cleaning Systems Cleaning Contract Addendum at an additional cost of $774 per month plus tax for a total of $2,475 per month, plus tax, effective January 2, 2013. VOTE: Ayes 4, Nays 0. *30. ADDITIONAL NETWORK/PHONE SWITCH Bremer moved, Printup seconded, to approve the purchase of a new Sysco 3750X switch from LOGIS in the amount of $8,752.50 with additional setup estimated to be less than $500. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 14 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 10, 2012 6:30 o’clock p.m. _____________________________________________________________________________________ Page 15 of 15 *31. REQUEST FOR WAIVER OF CONSULTANT FEES – 420 DEBORAH DRIVE Bremer moved, Printup seconded, to waive the $530 engineering fees and refund the $2,500 escrow for Rachaelle Brady at 420 Deborah Drive. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT *32. LICENSES & PERMITS Annual Liquor Licenses On Sale 3.2 Percent Malt Liquor 1. Lakeview Golf of Orono 405 North Arm Drive 2. Orono Golf Course 265 Orono Orchard Road South Bremer moved, Printup seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *33. BILLS Bremer moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CLOSED MEETING 34. CLOSED MEETING FOR ATTORNEY-CLIENT PRIVILEGE (The City Council went into closed session from 8:15 p.m. to 8:40 p.m.) ADJOURNMENT Moved, seconded, to adjourn the Orono City Council meeting at 8:13 p.m. VOTE: Ayes 4, Nays 0. ATTEST: ________________________________________ _______________________________________ Rachel Dodge, Deputy City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 01/14/2013 Approval of Council Minutes 12/10/2012 [Page 15 of 15] Item #03 - CC Agenda - 01/14/2013 David Maass Appreciation [Page 1 of 2] Item #03 - CC Agenda - 01/14/2013 David Maass Appreciation [Page 2 of 2] Item #04 - CC Agenda - 01/14/2013 Recognition Former Council Member Doug Franchot [Page 1 of 2] Item #04 - CC Agenda - 01/14/2013 Recognition Former Council Member Doug Franchot [Page 2 of 2] Item #05 - CC Agenda - 01/14/2013 Name Assignment for Private Road in the Plat of Willow Hill [Page 1 of 2] Item #05 - CC Agenda - 01/14/2013 Name Assignment for Private Road in the Plat of Willow Hill [Page 2 of 2] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 1 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 2 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 3 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 4 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 5 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 6 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 7 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 8 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 9 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 10 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 11 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 12 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 13 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 14 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 15 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 16 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 17 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 18 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 19 of 20] Item #06 - CC Agenda - 01/14/2013 Navarre Street Light Update [Page 20 of 20] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 1 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 2 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 3 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 4 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 5 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 6 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 7 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 8 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 9 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 10 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 11 of 12] Item #07 - CC Agenda - 01/14/2013 2013 Engineering Services Rate [Page 12 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 1 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 2 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 3 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 4 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 5 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 6 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 7 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 8 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 9 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 10 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 11 of 12] Item #08 - CC Agenda - 01/14/2013 Willow Drive Design Services [Page 12 of 12] Item #09 - CC Agenda - 01/14/2013 Pay Request No. 1 - Lighting Retrofit for City Hall, Police & Public Works [Page 1 of 3] Item #09 - CC Agenda - 01/14/2013 Pay Request No. 1 - Lighting Retrofit for City Hall, Police & Public Works [Page 2 of 3] Item #09 - CC Agenda - 01/14/2013 Pay Request No. 1 - Lighting Retrofit for City Hall, Police & Public Works [Page 3 of 3] Item #10 - CC Agenda - 01/14/2013 Pay Request No. 6 - Orono Orchard Rd [Page 1 of 6] Item #10 - CC Agenda - 01/14/2013 Pay Request No. 6 - Orono Orchard Rd [Page 2 of 6] Item #10 - CC Agenda - 01/14/2013 Pay Request No. 6 - Orono Orchard Rd [Page 3 of 6] Item #10 - CC Agenda - 01/14/2013 Pay Request No. 6 - Orono Orchard Rd [Page 4 of 6] Item #10 - CC Agenda - 01/14/2013 Pay Request No. 6 - Orono Orchard Rd [Page 5 of 6] Item #10 - CC Agenda - 01/14/2013 Pay Request No. 6 - Orono Orchard Rd [Page 6 of 6] Item #11 - CC Agenda - 01/14/2013 Annual Appointments [Page 1 of 6] Item #11 - CC Agenda - 01/14/2013 Annual Appointments [Page 2 of 6] Item #11 - CC Agenda - 01/14/2013 Annual Appointments [Page 3 of 6] Item #11 - CC Agenda - 01/14/2013 Annual Appointments [Page 4 of 6] Item #11 - CC Agenda - 01/14/2013 Annual Appointments [Page 5 of 6] Item #11 - CC Agenda - 01/14/2013 Annual Appointments [Page 6 of 6] Item #12 - CC Agenda - 01/14/2013 Navarre Area Update & Process [Page 1 of 4] Item #12 - CC Agenda - 01/14/2013 Navarre Area Update & Process [Page 2 of 4] Item #12 - CC Agenda - 01/14/2013 Navarre Area Update & Process [Page 3 of 4] Item #12 - CC Agenda - 01/14/2013 Navarre Area Update & Process [Page 4 of 4] Item #13 - CC Agenda - 01/14/2013 Police Chief Update [Page 1 of 1] Item #14 - CC Agenda - 01/14/2013 Request to Hire Police Department Full-Time Police Officer [Page 1 of 1] Item #15 - CC Agenda - 01/14/2013 Request to Hire Police Department Administrative Assistant [Page 1 of 1] Item #16 - 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