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Home My WebLink About03-11-2013 Council Packet PUBLIC ATTENDANCE MEETING DATE 3 - I I- l� �I 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 . ., „ , ;. . . . , ,_ . � , . � , � ` � � � �, , , � ,, t 2. .�- '(yv y�=,� /� _ . , t r� f - . . �y � . " 3. t.�` �`--�.... , f''� '��`- _,.,f _� ; `�' , '�,,� ; � ' i��.. �`'�..--w � �. 1 4 4. � � J'` '<�_� � � ) ��:.� � ' " ° ' . �l ��/� - � � � � �"( .� _1 �i: ',� "� � . . . . .. , � .�_. �._. ^ + , F r , ' , .. .- � ` r � -•'��- � . � f 5. `.: �\� �=�; � 'a,� L�tiI �� - � �.. � � � w �_� i 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\�FORMS�\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, March 11, 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 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. Council Work Session of February 25, 2013 * 3. Regular Council Meeting of February 25, 2013 Presentation 4. LMCC Update 5. Long Lake Fire Department – 2012 Annual Report 6. Westonka History Museum Planning Commission Comments – Bruce Lemke, 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 7. 13-3591 Ervin Wachman – Outlot C Bayside Farms 2nd – Subd/Prelim Plat – Resolution 8. 13-3592 Pillar Homes on behalf of Brian & Judith Butterfield - 3955 Watertown Rd – Variances – Resolution 9. 13-3593 & Peter Eskuche and Steiner Koppelman on behalf of Nancy Bigos – 3350 Fox Street – 13-3594 Variance & CUP – Resolution Public Works Director/City Engineer’s Report 10. Appointment of 2013 Golf Course Employees 11. Evaluation of Options Presented by Residents for the Orono Golf Course 12. Wellhead Protection Plan – Set Public Hearing 13. Lift Station #14 and #21 Rehabilitation Project 14. Lift Station #21 and #28 Generators 15. Willow Drive Preliminary Design Update Agenda for Council Meeting Set for Monday, March 11, 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 Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Mayor/Council Report City Administrator's Report 16. City Clerk 17. Franchise Renewal 18. Request to Hire Full-Time Community Service Officer (CSO) City Attorney's Report 19. Licenses & Permits Kennel License * 20. Bills Adjournment Upcoming Issues and Events 2013 03/18 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Lizz Levang) 03/25 – Council Work Session, Monday, 5:30 p.m. 03/25 – Council Meeting, Monday, 7:00 p.m. 04/03 – Planning Commission & Council, Joint Work Session, Wednesday, 5:30 p.m. 04/08 – Council Meeting, Monday, 7:00 p.m. 04/15 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Kristi Anderson) 04/22 – Council Work Session, Monday, 5:30 p.m. 04/22 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL WORK SESSION Monday, February 25, 2013 5:30 p.m. Present: Mayor Lili McMillan, Council Members Kristi Anderson, Cynthia Bremer, Lizz Levang and Aaron Printup; representing Staff were City Administrator Jessica Loftus and Assistant City Administrator for Long Term Strategy Mike Gaffron. 1. Mediacom Presentation Bill Jensen, Regional Vice President of Mediacom, gave a presentation on the benefits of directly franchising cable with Mediacom. Jensen reported Mediacom was founded in 1996 and has been rated by the FCC as a top 5 internet provider. He stated that he primarily works with individual cities and the LMCC group of cities is rare in his field. Jensen presented that franchises encompass video only (no phone or internet) and the city can have more than one television operator. In Orono, cable passes 2,766 homes where 1,299 order cable/video, 1,397 order internet and 508 order phone. For video that is just below 50% penetration which is high for LMCC cities. He noted 5% (maximum by law) of the video portion of our constituents bills are passed thru to LMCC as a franchise fee. The PEG fee also paid to the LMCC is set at $1.21 per month. Pass through fees are paid quarterly to the LMCC/cities. He stated Mound sends their PEG fees along to the LMCC while Chanhassen and Wayzata retain both their franchise and PEG fees. Jensen stated franchise agreements are typically tailored to the needs of a single community, such as build out in Orono; not to a group of communities who may not have the same goals. He noted the current LMCC contract provides service for areas with 30 homes per mile. Mr. Jensen explained cable complaints to the LMCC were less than 50 in 2012 and he encouraged the Council to contact other franchised cities of Chanhassen, Wayzata, Mound, Waconia and Howard Lake to inquire about the number of customer complaints they receive about Mediacom. Jensen estimated Orono would receive 5 complaints a year from residents who are not satisfied with the service or solution offered by Mediacom. Jensen noted the video franchise agreement with Mediacom could be 5, 10 or 15 years long. He stated the benefits to franchising directly with Mediacom is there is no middle man or agency, the buck stops with them, the city would receive the franchise and PEG fees directly (estimated at $100,000 per year), and Orono could receive accelerated build out. Jensen stated an incentive for Orono is that Mediacom would agree to 5 miles of build out per year for the next three years, starting in 2013. Thereafter, build out would be a 50:50 split of costs. Jensen estimated every mile of build out costs $24,000. He noted build out includes only 250 feet of line from the road to homes, so longer connections would be an extra cost to the resident. Mr. Jensen stated more recent contracts are providing service for areas with 20 homes per mile. Item #02 - CC Agenda - 03/11/2013 Approval of Work Session Minutes 02/25/2013 [Page 1 of 2] 2. Police Department Facilities Police Chief Correy Farniok discussed the department’s facilities. He noted the purchase of security cameras will be placed on an upcoming agenda. Discussion ensued regarding the building project. There was consensus that a space needs assessment should be completed and that the Chief should contact firms for proposals. The Council also requested a tour of the department at the next work session. The meeting closed at 6:45 p.m. ATTEST: ________________________________________ _______________________________________ Jessica Loftus, City Administrator Lili Tod McMillan, Mayor Item #02 - CC Agenda - 03/11/2013 Approval of Work Session Minutes 02/25/2013 [Page 2 of 2] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 21 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, Kristi Anderson, and Lizz Levang. Representing Staff were City Administrator Jessica Loftus, Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Finance Director Ron Olson, City Engineer/Public Works Director Jesse Struve, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Item Nos. 2a, 8, 9, 10, 11, 13, 14, and 16 through 18 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Levang moved, Anderson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. REGULAR COUNCIL MEETING OF FEBRUARY 11, 2013 McMillan requested the minutes be corrected on Page 10, first paragraph to read as follows: “Jabbour noted the DNR’s AIS program is a $3.6 million budget for the entire state of Minnesota.” Bremer moved, Printup seconded, to approve the minutes of the Orono City Council meeting of February 11, 2013, as amended. VOTE: Ayes 5, Nays 0. *2a. HRA MEETING MINUTES OF FEBRUARY 11, 2013 Levang moved, Anderson seconded, to approve the minutes of the Orono HRA meeting of February 11, 2013, as submitted. VOTE: Ayes 5, Nays 0. OATH OF OFFICE 3. SWEARING IN OF OFFICER JANE SZCZEPANIC Police Chief Correy Farniok introduced Jane Szczepanic. Mayor McMillan administered the oath of office to Jane Szczepanic, full-time police officer with the City of Orono. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 1 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 21 PRESENTATION 4. RESIDENT PRESENTATION FOR GOLF COURSE IDEAS Ron Ridgeway, 1350 Orono Oaks Drive, presented the Orono City Council with a brief history of the Orono Golf Course. The 9-hole course originally opened July 4 1924, as Orono Orchards Golf Course. Leo Feser, stricken with polio at the age of nine, was instrumental in founding Orono Orchards Golf Course. Approximately 1,000 rounds of golf were played the first season at .35 cents per round. It was also Minnesota’s first public course that had grass greens as opposed to sand. Ridgeway stated as they go forward, he would encourage the City to be as innovative into the future as they were back then. The present club house was built in 1926 and was the home of Leo Feser’s family for approximately 34 years. Hennepin County’s last extermination of a wild bear was in a tree near the midpoint of the 2nd fairway. Currently the Orono Golf Club is a picturesque, nine-hole executive course with varying topography, elevated greens, mature trees and a rich, interesting history. The current manager/superintendent is Ron Steffenhagen, who has been employed at OGC since March, 1974. Ridgeway noted that 2012 was not a good year for the golf course and that challenges relating to the economy, weather, and road construction were faced. Ridgeway encouraged the City Council to look at the golf course as an advantage into the future and that he is interested in getting a commitment from the City of Orono to help improve the golf course. Ridgeway indicated one of the ways to help improve the golf course would be to take a look at how to update the marketing materials and generate interest for the golf leagues and various events held at the course. This would encompass a review of the rates, advertising, and the use of coupons. Ridgeway stated they would like to make the golf course as affordable as possible and create a marketing plan that is competitive with the other courses in the neighborhood. Ridgeway suggested acquiring a golf course domain on the Internet, which would be a good start to the marketing campaign and would allow easier access to directions and hours of operation. In addition, league and youth golf programs could be expanded as well as upgrades to food and beverages. Ridgeway indicated their long-range plan is to have a special event for the 100th anniversary on July 1, 2024. Ridgeway indicated he has spoken with City Engineer Jesse Struve about some ideas for the golf course, and after he provided some information on the golf course, he noticed that the advertisements, score cards and website all had different phone numbers, which leads to confusion and deteriorates the brand. Ridgeway stated they have to start with the current image of the golf course and build on that with the new plan. The group is looking at branding initiatives to help with the marketing. Ridgeway indicated a brand is basically a promise and consists of storytelling. Building a brand would help create a sophisticated look to the golf course. The group has also discussed the idea of putting together a historical publication that could be sold as part of a fundraiser. There are currently different images associated with the golf course, and by creating a new brand domain, the City can decide which image would be more suitable, which would also allow everything to be more consistent and professional looking. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 2 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 21 PRESENTATION (4. RESIDENT PRESENTATION FOR GOLF COURSE IDEAS, Continued) Ridgeway displayed a picture of the current sign at the golf course and noted that signage is one of the most important features to advertising the golf course. Ridgeway indicated they are interested in installing better signage somewhere on Highway 15. The current sign does not provide much notice to the motorists that the golf course is coming up. The sign is also low and a telephone pole is in the area which partially blocks the sign. Ridgeway stated in his opinion the current sign does not work and that they would like to install additional signs for the golf courses which give a motorist the number of miles you have to go before you come to the entrance of the golf course. The current sign is a rock which has been painted white and somewhat faded. Seasonal plantings would also help enhance it. Ridgeway stated as they look at a new identity for the golf course, they may want to look at whether the signage should be changed to best develop the new brand. As it relates to the club house, it is starting to deteriorate and has visible damage to the window frames. Ridgeway noted the door on the picture is not the door that is actually on the club house currently but is intended to show some possible changes that could be made. The parking lot currently has 50 parking spaces and they would like to look at possibly expanding the parking lot in the future. Ridgeway noted the front entrance is critical in helping provide an identity. Ridgeway indicated they would like to restore the putting green, the shade garden, repair the fountain, and repair benches/picnic tables. Ridgeway indicated they have the equipment available to do the work but that it is a matter of getting permission to do the repair. The golf course’s Thursday night league has started to clear the buckthorn in the area, and the intent is to look at other opportunities to engage community members, such as Earth Day on April 22nd, to help clean up the golf course. In addition, the Orono Lions Club has indicated they may be willing to donate some money. There can also be opportunities to donate a tribute or a memorial bench at the tee boxes. Ridgeway stated in his view this is something that the golf course should encourage neighbors and community members to consider. Ridgeway noted it is eleven years before the 100th anniversary and that they are looking at having a tribute bust of Leo Feser placed in the club house, which can range from six to seven thousand dollars, or perhaps a tribute plaque of some type. The group is also looking at adding a deck on the south side of the clubhouse, expanding the picnic/grilling area, and having an analysis of the parking areas conducted to maximize the seating and deck areas. Most of this will need to be accomplished through fundraisers and they are considering sponsoring a 10K run in the spring, a bike tour on the Dakota Trail to Big Stone, and holding a golf outing with corporate sponsors and families. Holding an annual fundraiser would also be one way to raise funds. Ridgeway stated another element to improving the golf course could be the installation of permanent sculpture which could perhaps be donated or purchased. Ridgeway stated he hopes the City will give these ideas some consideration and that working together we can improve our legendary golf course. McMillan thanked Ron Ridgeway and Jane Delaney for their work on possible improvements to the golf course. Printup stated having members of the Lions and other people in the audience helps create a spark and generate interest in the golf course. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 3 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 21 PRESENTATION (4. RESIDENT PRESENTATION FOR GOLF COURSE IDEAS, Continued) Levang noted she has spent time with Jane and Ron discussing the golf course and that she is impressed with the ideas that have been presented. Levang commented this is the spark that the City needs to improve the golf course, and that the 100 year anniversary is not that far away. Levang encouraged the City and the residents to keep moving forward with their proposals. Ron Steffenhagen, Orono Golf Course Manager/Superintendent, stated he is excited with a lot of the proposals, particularly the sculpture. Steffenhagen stated in his view better signage would be very helpful and that he hopes the City can help with that. Bradley Hansen, President of the Orono Lions Club, stated he would like to thank Ron Ridgeway and the others who have worked on this. Hansen indicated he is in favor of everything that has been proposed and that it would be nice to keep the Orono Golf Course going for another 100 years. Hansen indicated his family has used the golf course for sledding, golfing and gatherings over the years. Hansen noted the Lions have been discussing creating a Frisbee course, which has become popular among the youth, and they have been setting aside some money for that. Hansen stated he would propose the City consider creating a Frisbee course near the golf course which would help bring people to the course. A Frisbee course would consist of a cage set up along the side of the fairway where they would be able to throw a Frisbee into a cage, which would be another recreational opportunity for the residents and help bring money into the golf course. Hansen stated at an upcoming meeting with the district governor, the Orono Lions will be pledging $2,500 towards the golf course as well as enlisting volunteers to help clean up the golf course. Hansen stated he has watched the popularity of the golf course go down over the years, and by coming up with some type of plan and budget, it will help improve the golf course and community as a whole. Hansen stated the Lions are here to help and that they would like a commitment from the City to help as well. Marshall Hambro indicated he has lived in Minnesota for the past 25 years. He originally moved here from Brooklyn, New York, in the fall of 1988. As they drove around the area, they saw the Orono Golf Course and fell in love with it. Hambro indicated he has played every weekend at the golf course and also work at the golf course. The golf course has meant a tremendous amount to me, and now that the City has some volunteers on board, he is looking forward to the 100-year celebration and many more fond memories. Doug Whiteley, 60 Orono Orchard Road, stated he lives across from the golf course and has been there since 1986. Whiteley noted rounds of golf have been going down over the past few years but that last year was really bad and should not be considered. Whiteley encouraged the group to get a business plan put together, come up with a budget, and prioritize what should be done. Whiteley stated the land used by the golf course should not be developed since it is a valuable asset to the community. Ivan Corazalla stated he does not live in Orono but he does go to the Orono Golf Course on a regular basis. Corazalla commented he is drawn to the golf course by the friendly attitude and nice people. Corazalla stated in his view these ideas are things that we can do as a group to make it a better place and that he is in favor of it 100 percent. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 4 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 21 PRESENTATION (4. RESIDENT PRESENTATION FOR GOLF COURSE IDEAS, Continued) Marsha Rokke, 180 Orono Orchard Road, stated she has lived here for 40 years and that this is a great asset to the community. Rokke stated she does not want the community to lose it. McMillan commented she drives by the golf course every day and that it is great to see people out on the course. McMillan stated in her view nine holes is almost more practical for people with time constraints than 18 holes. The Orono Golf Course is the City’s most active park. While it is a passive park in the winter, it becomes very active when there is snow and people are able to go sledding. The park is enjoyed by the residents year-round. McMillan noted Ron Steffenhagen has done a good job of keeping things up. McMillan commented she has a lot of personal attachment to the golf course and that anything that can be done to improve the golf course would be great. Levang stated in her view what has been presented tonight is reasonable, and with the volunteers and donations, we can make this happen. McMillan suggested City Staff take a look at what has been proposed and perhaps come up with a list of things that the City can contribute or assist with. Staff could perhaps work with the Lions and attempt to put a plan together. McMillan noted the season will probably start around mid-April and that she would like to continue this conversation at the March 11th Council meeting. McMillan stated perhaps Staff can come back with a report on what they see as doable for the summer and also speak with Ron and Jane about what they can contribute. Struve indicated he will be in touch with Ron and Jane as well as the Lions to help develop a game plan. McMillan stated the City will also try to get something put on the website with contact information and volunteer opportunities. Anderson commented she admires the grassroots effort to improve the golf course and that partnership with various organizations is a nice way to establish the fundraising arm. PLANNING COMMISSION COMMENTS – KEVIN LANDGRAVER, REPRESENTATIVE Landgraver reported the Planning Commission met last Tuesday and that they reconsidered Item No. 7 and recommended approval. The Planning Commission viewed the lot as having significant hardships and that a similar project on the site had also received previous approval. The Planning Commission did hold an initial public meeting on accessory structures and the Commissioners are looking forward to working with Staff on that. The Planning Commission is also looking forward to the upcoming joint work session with the City Council in April. PUBLIC COMMENTS None Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 5 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 21 PLANNING DEPARTMENT REPORT 5. NAVARRE FEBRUARY 11 MEETING SUMMARY Gaffron noted a meeting with the Navarre area residents and business people was held on February 11, 2013, in the Orono Council Chambers, which was well attended. It was the first of a series of meetings directed at bringing the community of Navarre together to discuss concerns affecting the residents and businesses in the area and provides an opportunity to present what steps the City and County are taking to address neighborhood issues. Gaffron noted he did receive an e-mail from Jim Grube directing his staff to perform certain tasks and Staff will be looking forward to the results of that action. McMillan stated she would like the City Council to figure out what kind of technology they want to utility on the streetlights before the Council determines what type of poles should be used. McMillan stated the Council should also talk about whether drip irrigation and other items are doable. McMillan stated before the April 8th meeting she would like to have some type of idea of what should be done to the sidewalks in the area and that perhaps some photographs could be obtained to help them figure out what other issues need to be addressed. McMillan stated she would also like to touch base on the Navarre improvements at the March 25th meeting to see if any new information is available. Anderson noted she has met with the City Administrator on possible grants and the end of March is the deadline for the first grant. Anderson indicated the Council might see a recommendation from Staff to pursue that. 6. PERMIT NO. 2012-00168 - SCOTT STANDA – 3025 CASCO POINT ROAD, SURVEY REQUIREMENTS Scott Standa, Applicant, was present. Curtis stated on November 15th, the applicants submitted a zoning permit application for minor land alteration and driveway expansion. This request followed a zoning permit application request by Jay Hulbert, the neighbor to the immediate south, which involved land alterations and driveway/hardcover removals which appear to impact the Standas’ driveway. The portions of driveway to be removed connect to the Standa driveway are as indicated on the survey and aerial photo. Another portion of the Standa driveway encroaches on to the Hulbert property and runs next to the Seidel residence on 3015 Casco Point Road. The City Attorney has indicated that since the Standa driveway exists within an easement over the Seidel property, a permit application to expand the driveway and conduct grading on the Seidel property will require their authorization/signature of Mr. Standa’s application. In response to Mr. Standa’s permit application, the City Engineer provided comments and requested additional information to complete his review. In the email correspondence between Mr. Standa and Struve, Mr. Standa questions the City’s request for additional information. Rather than appearing at the council meeting and speaking during the public comments portion of the meeting, Mr. Standa has requested an appearance before the City Council to discuss the City’s survey requirements and how they may or may not be applicable to his permit request. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 6 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 21 (6. PERMIT NO. 2012-00168 - SCOTT STANDA – 3025 CASCO POINT ROAD, SURVEY REQUIREMENTS, Continued) Staff is unclear as to how Mr. Standa is proposing to expand the driveway. There is approximately a 2 to 3-foot grade difference between the driveway and the Seidel’s home, which may necessitate the installation of a short retaining wall or grading outside of the 12-foot driveway easement. In order to properly review the Standas’ request, additional information must be shown on the survey. This will allow Staff to review the complete proposal and assure that the project will not adversely affect any of the properties adjacent and/or involved. Scott Standa, 3025 Casco Point Road, stated he requires a driveway and that he cannot get to Casco Point Road due to the alterations that are being forced on him. Standa stated he is not going to put up with something that looks crummy and the entire project will take one day. Standa stated the house to the north is above his property and his property is above the house to the south. Everything drains over to the Dennis’s. The Dennis’s backyard is below lake level and that is where all the water goes. Standa indicated two years ago there was approximately 90 inches of snow and he did not have any problems with drainage and the house to the south had no problems as well. In addition, the house to the south has a sump pump to keep their basement dry. Standa reiterated he has to do this project. Reason and negotiation did not work and he is being forced to do this project. He has lived in this house for nine years. These three properties were divided up in 1956 and have been sitting in approximately the same condition with the exception of one house that was replaced in 2004. Standa stated when he went to get his new survey through the Gronberg agency, he was told those lot lines have been off forever. People have lived with this. The new neighbor has chosen not to, which is his right under Torrens law. Standa indicated he has to move a very small area as part of this project and that he does not think anything can stop him from getting to Casco Point Road because his easement is Torrens. Standa stated in 2004, when the neighbor moved, they built and improved upon his easement. Standa indicated the City of Orono approved a site plan to build upon his easement, which needs to be overturned. Standa commented he does not want to do that but he has no choice. He will not do any damage to the Seidel property. Standa stated he does not feel he should have to go through all kind of drainage issues since he or his neighbors have never had any problem with drainage in the past. Standa noted his neighbors are here to provide comment. Dan Seidel, 3015 Casco Point Road, stated they are here tonight because they have to sign off on a permit since they technically own the easement. Seidel stated in his opinion they did not build on the easement. If you look at the survey from the City, it looks like the driveway is still there and you can see a little bit of the pavement, which is what it actually is and where they built. Everything was fine until the new neighbor moved in and decided to do a new survey. Now that neighbor is saying his lot line is farther over by approximately six feet. Seidel indicated he is not sure what happened with the survey and that he is not sure if the Halpren’s have obtained a permit yet to do their project. Seidel noted no one has shown him that his survey is wrong and that in his mind the Halpren’s will be tearing up his property to do his property. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 7 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 21 (6. PERMIT NO. 2012-00168 - SCOTT STANDA – 3025 CASCO POINT ROAD, SURVEY REQUIREMENTS, Continued) Seidel stated Scott Standa is entitled to access to Casco Point Road. Seidel stated he is still not sure that it is not his land that the other neighbor is looking to tear apart. The next step is to address drainage. Seidel indicated they have been told prior to them moving in that there have been drainage problems in the past. They have spent a lot of money and put a lot of effort into not having drainage problems. The City had nine inches of snow recently and they haven’t had any problem. Seidel stated to propose to tear down the hill has caused them to be concerned about drainage but that the drainage will be on the Halpren and Standa properties. Seidel stated he is also concerned about erosion by the house if that dirt is taken away. There is also a garage back there and that he is concerned about access in that area as well. Seidel indicated he does not have a problem with what Scott is proposing but that he wants to make sure his land is not being torn up and drainage problems and erosion problems do not occur. McMillan asked if a small retaining wall would be necessary. Struve indicated there is approximately a two to three foot height difference from the house down to the driveway. Struve stated one of the requirements is you have to maintain your grading within the easement as well. If the road is expanded out four feet, in order to try to re-grade that slope back in at a maintainable slope, you would have to go outside of the easement. Struve indicated the concerns he has were addressed with Mr. Standa in a phone conversation. The main issue is that Mr. Standa’s survey just showed the existing topography and did not show the proposed driveway and how he was going to mitigate the slope or how he was going to maintain that area. Conversely, if the Seidel's grant Mr. Standa a temporary easement to grade outside of his easement, he would be able to grade the slope and be able to maintain it. Struve indicated he is not sure how wide Mr. Standa is proposing to expand the driveway because it has not been shown on a survey and that he cannot offer specifics. In addition, the Seidel’s cannot sign off on anything because they do not know what is going to be done. Struve indicated Mr. Standa may need a retaining wall if the Seidel’s do not grant him permission to grade outside the easement but that he cannot comment on it until he gets that additional information. Anderson commented she has grave concerns about the drainage and the erosion problems that could result. Anderson stated the City Engineer and the City Council simply do not have enough information at this point to comment on the project. Struve stated that is correct, but noted he does not have a big concern with the drainage at this point. If you look at the survey provided for the Seidel property, most of the drainage is handled on the road side portion of the property. By just looking at the survey, it appears that’s where the drainage concerns were and not along the side of the house. Anderson noted she was worried about drainage impacting the neighbors. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 8 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 21 (6. PERMIT NO. 2012-00168 - SCOTT STANDA – 3025 CASCO POINT ROAD, SURVEY REQUIREMENTS, Continued) Struve stated his main concern is how they are planning on dealing with the slope differential. If the Seidel’s do not want to allow him to re-grade the area outside the easement, a short retaining wall will probably be necessary. McMillan asked what the City Council is being requested to do at this point. Curtis indicated Staff requested additional information and Mr. Standa asked to appear tonight because he felt enough information has been provided. Staff is looking for topography, the location of the Seidel home, and other additional information to address the engineer’s concerns. Struve stated per conversations with Mr. Standa, he has indicated he is only widening the driveway four feet but that Staff needs to know the engineering and how they are going to deal with the slope. Seidel asked if Halpren has been granted a permit. Curtis indicated he has been. Levang asked how that project impacts this. Curtis indicated the Halpren permit is a grading and hardcover removal permit. Seidel stated when you look at his survey; it looks like they are going to tear up the asphalt that is depicted on his property. Curtis noted the Halprens are not proposing to work past the property line and that Staff would require Mr. Halpren’s surveyor to repaint and re-stake the property line. Mr. Halpren is proposing to remove the bituminous on the south side of the property line. Seidel indicated he disagrees with the location of the property line. McMillan asked how old his survey is. Seidel indicated it is dated 2004. If his survey is correct, the Standa project is much smaller. McMillan asked how the City can resolve a dispute between property owners. Mattick noted the City relies on the surveys in approving applications and that the City is not in a position to determine property lines. If someone wants to remove hardcover on their property, that is something that is rather standard. As it relates to the driveway that is being proposed to be expanded, the City will want to make sure, from an erosion control standpoint, that that is being handled correctly. The City does not determine the location of the easement or what it consists of. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 9 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 21 (6. PERMIT NO. 2012-00168 - SCOTT STANDA – 3025 CASCO POINT ROAD, SURVEY REQUIREMENTS, Continued) Mattick noted Standa does have the right to construct a driveway on his property and that the City is basically going to make sure that all parties are aware of what is going on and that the work is done to city standards. Mattick stated it appears the issue is the City Engineer is unable to know that the slope will work without a full set of plans. To the extent there are property line disputes, the City Council cannot say who is right and who is wrong. Seidel commented Casco Point Road is legendary for survey issues and that four or five feet can make a big difference. Seidel stated the issue is whether he just accepts the fact that there is a new survey and that a couple feet of pavement on his property will be removed. Mattick stated he can also hire a second surveyor and get a second opinion. At this point what the City has received is a professional survey indicating where the property line is. Seidel asked what is wrong with his survey. Curtis stated she would like clarification on what Mr. Seidel feels is wrong on the Halpren survey. Curtis indicated she measured the driveway on his property and the width of the driveway is consistent on both surveys. What is not consistent is the width of his driveway to the south and that it is shown wider on the Halpren survey. Seidel stated it does make a difference because if you look at his survey, there are probably a couple of feet that will be impacted. Struve stated Staff measured the portion of the driveway to the property line and that the width is approximately the same but that it is the distance to the south that varies slightly. Curtis indicated the surveys are on different scales. Seidel stated his issue is why the Halpren surveyor did not question that his easement looks like it cuts through a hill. Standa stated he did not think his easement cut through the hill until the grading was done. Seidel stated the hill has not been touched. City Administrator Loftus stated one thing the parties might want to consider is inviting each of the surveyors out to see if they can come to some sort of agreement. Loftus indicated surveyors have certain benchmarks that they use and perhaps they could agree on which benchmarks should be used. Loftus recommended getting the surveyors together to see if they could resolve the issues to avoid the parties being charged for a second or third survey. Loftus stated might be the cheapest and most viable option and that the City Council is not going to be able to resolve anything tonight. Seidel indicates he understands that and that is why they are holding off on signing on the permits. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 10 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 21 (6. PERMIT NO. 2012-00168 - SCOTT STANDA – 3025 CASCO POINT ROAD, SURVEY REQUIREMENTS, Continued) Standa stated he wants to get to Casco Point and get out of the way. Standa indicated had this all arranged since last October and that he wants to go forward with the work as soon as the frost comes out of the ground. Standa requested the City Engineer call Mark Gronberg and tell him all the things he needs on the survey so he can proceed. McMillan commented that is not the City Engineer’s job. Standa indicated he spoke to Mark Gronberg and was told that he didn’t need any of that stuff. Standa stated he does not know what to tell the surveyor. Struve stated he can contact the surveyor. Standa noted he does have a 12-foot easement. McMillan asked if Mr. Standa understands why Staff needs an updated survey. Standa indicated he does. Standa stated he will not be using all 12 feet of his easement but just enough to get a car into his garage so he doesn’t have to park on the street. Mattick stated to his understanding the City Engineer has indicated he is agreeable to contacting Mark Gronberg and attempt to get the information Staff is looking for. It is Staff’s position at this point that they do not have all the information they need. Standa indicated he will call Mr. Gronberg and tell him to expect Struve’s call. The City Council took no formal action on this item. 7. #12-3582 - COLSON CUSTOM HOMES ON BEHALF OF BWB HOLDINGS, LLC, 4731 NORTH SHORE DRIVE – RESOLUTION NO. 6206 Rodney Colson, Applicant, was present. Curtis noted the City Council reviewed this application at their February 11th meeting and directed that the application be brought back to the Planning Commission for review of the revised survey and bluff location information. The Council also requested input from both the City Engineer and the Department of Natural Resources on this application prior to their subsequent review. The requested DNR and City Engineer comments are attached as Exhibits D and E. The Planning Commission reviewed this application again at their February 19th meeting and voted to recommend approval of variances resulting in a 10-foot side street setback from the west, lot width and lot area variances to build a single-family residence on the property. Variances to allow encroachments into the bluff setback and the bluff impact zone were also recommended for approval as follows: Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 11 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 21 (7. #12-3582 - COLSON CUSTOM HOMES ON BEHALF OF BWB HOLDINGS, LLC, 4731 NORTH SHORE DRIVE – RESOLUTION NO. 6206, Continued) 1. The proposed home to be allowed at a 12-foot setback from the top of bluff; 2. The proposed patio to be allowed to encroach 10 feet into the 30-foot bluff setback but must be oriented so as not to encroach into the 20-foot bluff impact zone; and 3. The proposed elevated deck to be allowed two feet from the top of bluff and will be constructed with helical screws or another less invasive method. Planning Staff has reviewed the revised plans and recommends approval of the variances as requested consistent with the February survey and revised house plans showing the reoriented deck. It should be noted the proposed home location will result in minor grading within the bluff and bluff impact zone to accommodate drainage. Staff recommends approval of the application, and the City Council should consider adopting or amending the attached draft resolution approving the variances as requested. Levang asked if there is going to be some assessment of the vegetation on the bluff and a plan to make sure that there is correct vegetation there. Curtis noted Page 4, Item No. 3, has been added since the DNR review and will require the developer to provide an analysis of the vegetative stability of the bluff performed by a qualified third party and to agree to comply with recommended bluff stabilization measures as necessary prior to the issuance of the certificate of occupancy. McMillan stated she would recommend the bluff stabilization measures be done as a condition of the building permit and that she has a concern about the vegetation being destroyed during the building process. McMillan stated in her view the whole process should be done earlier. Curtis asked if the building permit should be delayed until the growing season. McMillan stated she wants to make sure the analysis is done prior to the construction beginning. Curtis noted a complete analysis cannot be done during the winter season. McMillan stated she was looking to identify trees and shrubs. Gaffron stated Staff is primarily worried about grass cover and that the existing trees and shrubs are not as crucial for the erosion potential. Staff is more concerned about grass cover and what can be established versus trees or shrubs. Gaffron indicated he is not sure how a reasonable analysis can be done at this time until the growing season starts. McMillan commented it will be hard to grow grass on the bluff and questioned whether that is something that should be done. Gaffron indicated they do want to see grass growing on the bluff rather than bare ground. Gaffron stated due to the time of year, it is impossible to determine what is there and analyze what is growing on the surface. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 12 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 21 (7. #12-3582 - COLSON CUSTOM HOMES ON BEHALF OF BWB HOLDINGS, LLC, 4731 NORTH SHORE DRIVE – RESOLUTION NO. 6206, Continued) McMillan asked if the major trees can be identified now. Gaffron asked what the goal of identifying the trees would be. McMillan stated the goal is so they do not get removed. Gaffron stated he did not understand the Mayor was talking about preservation of existing vegetation. McMillan stated she wants to establish a benchmark of the trees on the bluff and then look at what needs to be added for vegetation. McMillan noted it will be difficult to get grass to grow in that area given the dense shade. Gaffron stated Staff would want a professional to visit the site who can deal with the horticultural issues and that no one on Staff is comfortable with determining that. Gaffron indicated he would defer to the City Engineer. McMillan stated the applicant’s engineer can also do that. McMillan indicated she is looking at it as a landscaping plan with plans to deal with erosion on the bluff, which is important given what the DNR has said and the fact that there is not room for a rain garden on this site. Gaffron asked if the applicant should provide that analysis before a building permit is issued. McMillan stated she would like to see that analysis as best as it can be performed without looking at the ground cover. Levang indicated that was what she was thinking as well. Levang indicated she is worried about heavy equipment coming in and moving things around. Curtis suggested the applicant define their area of disturbance. Curtis noted they are not going to go down the bluff with the grading. There is an area on the west side where they will be grading to deal with the storm water but that the rest of the area will not be disturbed. Gaffron noted there will be limited grading which will not go past the top of the bluff line. Levang pointed out there is a deck being constructed that is two feet away and there will be workmen and equipment all along that side. Gaffron stated the Council can make it a requirement that the developer show Staff how they are going to deal with that. McMillan recommended orange fencing be erected to alert the workers to stay out of certain areas. Curtis indicated she can add that to the resolution on Page 2. McMillan asked if the special footings should also be included. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 13 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 21 (7. #12-3582 - COLSON CUSTOM HOMES ON BEHALF OF BWB HOLDINGS, LLC, 4731 NORTH SHORE DRIVE – RESOLUTION NO. 6206, Continued) Curtis indicated Staff can include that if the Council feels it is appropriate. McMillan and Levang indicated they would like that included in the resolution. Levang noted the City Engineer’s memo dated February 13th lists some items the City Engineer would like submitted and there are two things that the City Engineer has not received. Struve indicated he has not received those and that the main one deals with the engineering review of the stability of the slope, which should address all of the concerns raised here tonight. Levang asked if the City Engineer is asking for those prior to the permit being issued. Struve indicated that is correct and that a permit will not be issued if the engineering information is not submitted. Ron Colson, Applicant, stated he is willing to answer any questions the Council may have but that it sounds like the recommendations are in line with what he envisioned. Bremer moved, Levang seconded, to approve Application No. 12-3582, Colson Custom Homes on behalf of BWB Holdings, LL, 4731 North Shore drive, and to direct Staff to amend the Resolution Granting Variances to Orono Municipal Code Sections 78-330 and 78-1279, to require the applicant submit an analysis detailing the existing vegetation prior to the building permit being issued, the helical screw being defined in the resolution, and to comply with the recommendations provided by the City Engineer, and to adopt revised RESOLUTION NO. 6206, a Resolution Granting Variances to Orono Municipal Code Sections 78-330 and 78-1279. VOTE: Ayes 5, Nays 0. *8. #12-3586 - CITY OF ORONO – ZONING CODE AMENDMENTS: ANIMALS Levang moved, Anderson seconded, to adopt ORDINANCE NO. 100, Third Series, An Ordinance Amending Sections 78-1, 78-303, 78-328, 78-348, 78-367, 78-394, 78-419, 78-443, and 78-566 of the Orono Municipal Zoning Code Regarding Definitions, Conditional Uses and Accessory Uses, and to adopt SUMMARY ORDINANCE NO. 101, Third Series, for publication. VOTE: Ayes 5, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *9. WILLOWBROOK DRIVE OVERLAY PROJECT WITH MEDINA Levang moved, Anderson seconded, to direct Staff to work with the City of Medina on a joint overlay project on Willowbrook Drive. VOTE: Ayes 5, Nays 0. *10. BID AWARD – STREET MAINTENANCE MATERIALS BID 2013 Levang moved, Anderson seconded, to award the 2013 materials bids as designated in Jesse Struve’s February 25, 2013, memorandum. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 14 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 21 *11. PURCHASE OF NEW ¾ TON PLOW PICKUP Levang moved, Anderson seconded, to approve the purchase of a ¾ ton pickup and snow plow from the identified vendors in the amount of $30,006.64 and to approve sending the current ¾ ton pickup and snow plow to a public auction for sale. VOTE: Ayes 5, Nays 0. 12. STUBBS BAY RAVINE STABILIZATION – WRAP-UP Gaffron stated the Stubbs Bay Ravine stabilization project took approximately two years to fully complete. The City was awarded a grant of approximately $183,000 with the requirement that the City provide matching funds of 25 percent of this amount. The City had its engineers go ahead and put together plans and Staff worked pretty closely with the representative of the homeowners association to address their concerns. These projects involved a ravine situation that was many decades in the making and is similar to one or two other projects that are in similar or worse condition. One of those ravines is located on Wildhurst Trail, which will also need to be looked at in the future. The project the City ended up doing involved grading the channel and side slopes that were eroding, removal of dead trees, creating a series of ripples and ponds, and re-vegetation of the side slopes to slowing down the runoff coming off of Tonkawa. Gaffron displayed before and after pictures of the ravine. The engineers had anticipated that as you get closer to the lake, there would be a swath. Due to the ice, the engineers were required to get the permission of one of the property owners to go across their lawn from West Lake Street and install some mats across the lawn, which resulted in not having to cut any trees next to the lake. Gaffron noted there is very little visual impact as a result of the work but the project will reduce phosphorus loading to Stubbs Bay by 32 pounds per year, which is about a fifth of the goal the Minnehaha Watershed District set for the City. Gaffron stated Staff does have an expectation that there will be TMDL studies completed and a meeting is scheduled this Thursday with the Watershed District to discuss the City’s total maximum daily load of phosphorus. It is likely the Watershed District will set bigger goals for the City that we will have to work with and Staff will be on the lookout for additional grants that can be applied for to help reduce the City’s phosphorus load. Levang commented the end result looks beautiful. Gaffron stated the contractor did a good job and the project actually came in under budget. Anderson thanked the affected property owners for their cooperation in getting this project completed. The City Council took no formal action on this item. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 15 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 21 PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Struve noted there will be a neighborhood open house for the Willow Drive project this Wednesday at City Hall from 5 to 7 p.m. Staff will be here to answer questions and a short presentation will be given at approximately 6:00 p.m. to show people the proposed design and some of the impacts anticipated with the project. All homes directly on Willow Drive and all homes that access roads that outlet to Willow Drive were invited to the open house, which amounted to approximately 65 to 70 homes. MAYOR/COUNCIL REPORT Levang noted she attended the LMCC orientation and annual meeting last week. Orono is 1 of 17 cities that are members of the LMCC. The uppermost issue facing the cities is the refranchising. There was some contention amongst members but the LMCC has established a franchise committee that will be looking at the issues. Levang noted the City Council had their first meeting with Mediacom tonight. Anderson noted she attended the Community Drug Task Forum last week with the Mayor and that it was very informative. Bremer commended the Planning Commission on the fine work they did at their February meeting in dealing with some difficult applications. McMillan stated she watched the LMCC meeting on videotape and that there was some discussion among the commissioners about cities negotiating in secret with Mediacom. McMillan noted that everything Orono has done regarding the LMCC and Mediacom has been very public. McMillan stated representatives of Mediacom approached her last summer and informed her of what Orono’s fees were and that she then called Bill Jensen with a couple of questions. McMillan indicated she started attending the LMCC meetings last fall and that the City Council did have Bill Jensen at their work session tonight. Representatives from the LMCC will be attending the March 11 City Council meeting. McMillan suggested the City Council Members, if they have any questions, to send them to the city administrator so she can get them answered prior to the meeting. McMillan stated since Orono is a large contributor of funds to the LMCC, the City Council should let them know fairly quickly where the City stands. McMillan stated the community drug forum went really well and that they had a nice showing of the area mayors. The Orono Police Department did a great job in the break-out session. McMillan thanked Mindy Anderson of the Gillepsie Center for helping to organize it, and Norwena Dove, former member of the Spring Park Council, for her efforts in putting together the forum. The group would like to keep on having periodic meetings. McMillan stated she will keep the Council posted on what happens next. McMillan noted Hennepin County Commissioner Jan Calliston holds an annual meeting every February and the local mayor’s, Sheriff Stanick, Attorney Mike Freeman, as well as area legislators were invited to attend. McMillan indicated there was a very good showing at the meeting and that she had mentioned the drug forum and the Mound police contract as being new items for the City. McMillan indicated she also mentioned that the City was able to obtain Jim Grube’s help on Navarre and Highway 112. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 16 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 21 McMillan stated the people in attendance did have a fairly lengthy discussion regarding the sales tax exemption, the business to business tax, and the property tax rebate that are included in Governor Dayton’s budget. McMillan noted these items could have a significant impact on the local cities and that the mayors let the local legislators know the issues they are facing. CITY ADMINISTRATOR’S REPORT *13. AUTHORIZATION TO PURCHASE 2013 SQUAD CARS Levang moved, Anderson seconded, to approve the purchase of one 2013 Dodge Police Charger for $24,001.00, plus tax, registration and other miscellaneous fees, from Dodge of Burnsville, and two Ford Interceptor SUVs for $25,793.00 each, plus tax, registration and other miscellaneous fees from Nelson Auto Center in Fergus Falls. VOTE: Ayes 5, Nays 0. *14. REQUEST TO HIRE PART-TIME POLICE OFFICERS – RESOLUTION No’s. 6207 & 6208 Levang moved, Anderson seconded, to approve the hiring of Jason Barnes and Phillip Spanjer as part-time police officers at a pay rate of $23.60 per hour with a start date of March 4, 2013. VOTE: Ayes 5, Nays 0. Levang moved, Anderson seconded, to adopt RESOLUTION NO. 6207, a Resolution to declare that the part-time position held by Phillip Spanjers is that of a police officer as defined for purposes of PERA pension eligibility. VOTE: Ayes 5, Nays 0. Levang moved, Anderson seconded, to adopt RESOLUTION NO. 6208, a Resolution to declare that the part-time position held by Jason Barnes is that of a police officer as defined for purposes of PERA pension eligibility. VOTE: Ayes 5, Nays 0. 15. CITY CLERK APPOINTMENT AND ORGANIZATIONAL CHART Loftus stated Staff has provided the City Council with two options to consider for city clerk. In follow-up to City Council direction in January, Loftus indicated she has analyzed the city hall positions and has recommended a change in the planning and building department. It is her recommendation that Mr. Gaffron’s title be changed to building and planning director instead of an assistant city administrator. Loftus stated she would like some direction on what changes the Council would like to see and that the options are outlined in her memorandum. Anderson commented Staff did a nice job of breaking apart the city clerk responsibilities and that she would probably be more in line with going with Option 2. One of the proposed options that were interesting is that the City should explore and evaluate utilizing the homestead clerk service with the county, which may free up some more of the front-end staff time. McMillan stated she would also go with Option 2 and that in her opinion there has to be a deputy city clerk since it is in the City’s Code. McMillan asked if the City Administrator envisions the deputy city clerk taking over when the city clerk is not available or on vacation. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 17 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 21 (15. CITY CLERK APPOINTMENT AND ORGANIZATIONAL CHART, Continued) Loftus stated typically on vacations they would not have to step in but more on extended absences. McMillan asked if the City Administrator feels strongly about keeping the deputy city clerk in the City Code, and if it is removed from the code, whether the city administrator would be the deputy city clerk if the clerk is not available. Loftus stated in her opinion it is a reasonable thing to have in the City Code and functions just fine. McMillan noted the City’s current code reads that the city administrator shall by virtue of that position be a deputy city clerk. Loftus stated if the Council is comfortable with what is being recommended that she would bring this item back to the next meeting with more specific action related to title, salary level, organizational chart, and job description. Loftus indicated she does not have those details right now and that would probably be the next step. McMillan stated she would also like some information about changing the city clerk to a nonexempt employee and what the differences are between exempt and nonexempt. Levang indicated she would also be interested in seeing that information. Levang asked when the actual change would be made if the intent is to come back in two weeks and then have the Council make a motion. Loftus stated she would like the Council to make a motion tonight approving one of the options and then she would follow up on the actual salary details at the next meeting. The Council could make the change effective today and that she would provide the salary and other details at the next meeting. Levang asked if she would be looking at a probationary period. Loftus indicated she did consider it, but since the current deputy clerk is an existing employee, it was thought it would not be necessary. The City can certainly do that as an employer, but since this is a position the City is asking her to take on, it might be a little awkward to have a probationary period. Loftus indicated that would not be her recommendation at this point. Levang asked if there would be a review in three months or six months and then a report back to the Council. Loftus indicated that is something she could do as well as developing some salary step increases to provide some incentive to keep moving up. There are some training components as well that need to be worked out. Loftus indicated there are also a lot of other duties that staff is attempting to spread out to other positions and that they are not going to ask her to do two jobs. Loftus indicated they are also evaluating certain services to see if they essential are and is it valuable to provide or not provide homestead clerking to the residents. Loftus stated those are issues they need to look at and then report back. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 18 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 21 (15. CITY CLERK APPOINTMENT AND ORGANIZATIONAL CHART, Continued) Levang stated she would like to compliment the City Administrator on the list that was compiled and how staff has re-evaluated the responsibilities. Levang asked if staff sees any change in hours or will that all stay the same. Loftus indicated that was broken out because the items above it relate directly to the city clerk and the deputy city clerk and that the other duties relate to the up-front staff. Anderson stated she would like a follow-up report at the end of 2013 to evaluate whether this was a correct decision. Given the fact that 2014 is an election year, this is not something to take lightly and that they do not want to make a mistake and should follow the rules accordingly. Printup stated one of his goals or thoughts was to contract city hall in size and that he is leaning towards Option 1 where it is more like a city administrator/clerk or treasurer/clerk. Being that it sounds like the consensus of the City Council is to go with Option 2 and also knowing that there are training opportunities involved to allow this to work, he will be inclined to go with Option 2. Bremer stated she would prefer Option 1 and not be in this situation. Bremer stated she thought the Council was on the right track with posting the position but that she is willing to try it this way. Levang moved, Printup seconded, to accept Option 2, changing the deputy clerk title to city clerk and allowing Rachel Dodge to take over the essential duties, with the City Administrator returning with wage and other additional information at the next council meeting. VOTE: Ayes 4, Nays 1, Bremer opposed. McMillan stated the next item to discuss is the changing of Mr. Gaffron’s title. Bremer stated organizationally the change in title makes sense and it is something the Council has talked about in the past. Printup indicated he is in agreement with the change and that the only comment he would make is where it talks about doing high-level planning work. Printup suggested it also say something about dealing with overflow land use applications or assisting if the Planning Department is getting behind to allow some more flexibility. Printup noted not too many years ago that department was called community development and questioned whether the City wants to go back to that name. Gaffron stated he does not recall Orono actually having the title of community development director. The department over the years has had a number of different names and that he does not have a problem with the structure as proposed. Gaffron stated in his view planning and building director is a fine title. McMillan indicated she would like to spend more time discussing the planning department and where the department should go. McMillan stated she is hesitant to making any formal motion tonight before discussing this further. The next work session will not be until April 25 but the Council could hold a special work session if they thought it was necessary. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 19 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 21 (15. CITY CLERK APPOINTMENT AND ORGANIZATIONAL CHART, Continued) Levang stated she is in agreement with the mayor and that in a way it is a significant change in the organizational chart. Levang indicated she would like to be looking long-term and whether this is something that is going to make sense for the organization over time. When the title was changed to assistant city administrator that did not prove to be the smartest decision that was made. Bremer stated that is not true and was a decision based upon the situation. Bremer indicated she is fine with tabling that portion of it. Bremer moved, Printup seconded, to table Items 2 and 3 to the April City Council work session. VOTE: Ayes 5, Nays 0. *16. LETTER TO THE LMCD Levang moved, Anderson seconded, to approve sending the letter to the Lake Minnetonka Conservation District that is attached to the City Administrator’s memorandum dated February 25, 2013. VOTE: Ayes 5, Nays 0. *17. 2012 GENERAL FUND BUDGET ADJUSTMENTS Levang moved, Anderson seconded, to approve the 2012 General Fund Budget Amendments as outlined in the February 24, 2013, Finance Director’s Memorandum. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT City Attorney Mattick stated he had nothing to report. *18. LICENSES AND PERMITS Massage Therapy License 1. Seidou Salon Spa, Inc. Lauren Patnode 3502 Shoreline Drive Levang moved, Anderson seconded, to approve the above listed license. VOTE: Ayes 5, Nays 0. *19. BILLS Levang moved, Anderson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 20 of 21] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 21 ADJOURNMENT Bremer moved, Anderson seconded, to adjourn the Orono City Council meeting at 9:02 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ______________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 03/11/2013 Approval of Council Minutes 02/25/2013 [Page 21 of 21] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 1 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 2 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 3 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 4 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 5 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 6 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 7 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 8 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 9 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 10 of 11] Item #04 - CC Agenda - 03/11/2013 Presentation - LMCC Update [Page 11 of 11] Item #05 - CC Agenda - 03/11/2013 Presentation - Long Lake Fire Department - 2012 Annual Report [Page 1 of 5] Item #05 - CC Agenda - 03/11/2013 Presentation - Long Lake Fire Department - 2012 Annual Report [Page 2 of 5] Item #05 - CC Agenda - 03/11/2013 Presentation - Long Lake Fire Department - 2012 Annual Report [Page 3 of 5] Item #05 - CC Agenda - 03/11/2013 Presentation - Long Lake Fire Department - 2012 Annual Report [Page 4 of 5] Item #05 - CC Agenda - 03/11/2013 Presentation - Long Lake Fire Department - 2012 Annual Report [Page 5 of 5] Item #06 - CC Agenda - 03/11/2013 Presentation - Westonka History Museum [Page 1 of 1] Item #07 - CC Agenda - 03/11/2013 File #13-3591 [Total Pages 219] Item #07 - CC Agenda - 03/11/2013 File #13-3591 [Total Pages 219] Item #07 - CC Agenda - 03/11/2013 File #13-3591 [Total Pages 219] Item #07 - CC Agenda - 03/11/2013 File #13-3591 [Total Pages 219] Item #07 - CC Agenda - 03/11/2013 File #13-3591 [Total Pages 219] Item #07 - 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CC Agenda - 03/11/2013 File #13-3593 & 13-3594 [Total Pages 31] Item #10 - CC Agenda - 03/11/2013 Appointment of 2013 Golf Course Employees [Page 1 of 2] Item #10 - CC Agenda - 03/11/2013 Appointment of 2013 Golf Course Employees [Page 2 of 2] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 1 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 2 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 3 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 4 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 5 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 6 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 7 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 8 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 9 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 10 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 11 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 12 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 13 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 14 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 15 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 16 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 17 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 18 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 19 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 20 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 21 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 22 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 23 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 24 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 25 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 26 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 27 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 28 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 29 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 30 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 31 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 32 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 33 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 34 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 35 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 36 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 37 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 38 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 39 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 40 of 41] Item #11 - CC Agenda - 03/11/2013 Evaluation of Options Presented by Residents for the Orono Golf Course [Page 41 of 41] Item #12 - CC Agenda - 03/11/2013 Wellhead Protection Plan - Set Public Hearing [Page 1 of 2] Item #12 - CC Agenda - 03/11/2013 Wellhead Protection Plan - Set Public Hearing [Page 2 of 2] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 1 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 2 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 3 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 4 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 5 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 6 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 7 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 8 of 9] Item #13 - CC Agenda - 03/11/2013 Lift Station #14 and #21 Rehabilitation Project [Page 9 of 9] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 1 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 2 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 3 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 4 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 5 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 6 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 7 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 8 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 9 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 10 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 11 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 12 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 13 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 14 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 15 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 16 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 17 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 18 of 19] Item #14 - CC Agenda - 03/11/2013 Lift Station #21 and #28 Generators [Page 19 of 19] Item #15 - CC Agenda - 03/11/2013 Willow Drive Preliminary Design Update [Page 1 of 2] Item #15 - CC Agenda - 03/11/2013 Willow Drive Preliminary Design Update [Page 2 of 2] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 1 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 2 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 3 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 4 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 5 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 6 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 7 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 8 of 9] Item #16 - CC Agenda - 03/11/2013 City Clerk [Page 9 of 9] Item #17 - CC Agenda - 03/11/2013 Franchise Renewal [Page 1 of 1] Item #18 - CC Agenda - 03/11/2013 Request to Hire Full-Time Community Service Officer (CSO) [Page 1 of 1] Item #19 - CC Agenda - 03/11/13 Licenses & Permits [Page 1 of 3] Item #19 - CC Agenda - 03/11/13 Licenses & Permits [Page 2 of 3] Item #19 - CC Agenda - 03/11/13 Licenses & Permits [Page 3 of 3] Item #20 - CC Agenda - 03/11/2013 Bills [Page 1 of 6] Item #20 - CC Agenda - 03/11/2013 Bills [Page 2 of 6] Item #20 - CC Agenda - 03/11/2013 Bills [Page 3 of 6] Item #20 - CC Agenda - 03/11/2013 Bills [Page 4 of 6] Item #20 - CC Agenda - 03/11/2013 Bills [Page 5 of 6] Item #20 - CC Agenda - 03/11/2013 Bills [Page 6 of 6]