HomeMy WebLinkAbout07-08-2019 Council Work Session Minutes Orono City Council
Work Session
Monday,July 8,2019
Council Chambers 6:00 p.m.
PRESENT: Mayor Dermis Walsh, Council Members Richard F. Crosby II,Matt Johnson,Aaron
Printup, and Victoria Seals. Representing staff were City Administrator Dustin Rief, Community
Development Director Jeremy Barnhart, and City Clerk Anna Carlson.
Guests: Mark Ostby MPCA,Amy Hadiaris MPCA, Curt Frethum of Elhers
Meeting Start Time: 6:00 p.m.
1. Communication between City Council Members& Staff(Added)
Mayor Dennis Walsh began the Work Session by addressing communication standards and expectations
between City Council Members and City Staff. He mentioned that it seems that we have some
dysfunction with our current communication standards and would like to reiterate what that actually is.
Walsh stated that it should be understood that all communication between Council and Staff needs to go
through the City Administrator Dustin Rief. Walsh added that additional reasoning behind this
discussion is because it is clearly addressed as a rule in our City Code. This rule is expected for Staff
and City Council Members. Walsh added by saying if City Staff is getting emails from Council
Members they should reply by copying Dustin and likewise for staff sending emails to City Council
members. He clarified that any email,text, or any communication needs to be copied to Dustin. Walsh
added that we have had City Council Members in the past who have had resigned because of this issue,
and because they did not stop emailing staff directly and were called out on it,they resigned. Walsh
stated that it is a terminable offense if staff email and text with Council Members directly without the
knowledge of the City Administrator or copied on communication to and from both staff and Council
Members. The City Administrator needs to be in the loop on all matters concerning the City and is the
true Chief Executive Officer for Orono. Walsh noted that he wanted to make sure that everyone is
aware of this rule.
Council Member Richard F. Crosby II asked if personal issues like property concerns or complaints
need to be copied to Dustin as well.
Walsh recommended that all issues regardless should be copied to the City Administrator to be safe. It
protects City Council members and staff and keeps the structure in place. Same rules apply to Soren
Mattick our City Attorney. The City Attorney is on the clock, he is charging every time you call him.
When we start getting two to three thousand dollars bills from him every month and have people calling
him all the time, that's going to be a problem. The first in line for questions should be the City
Administrator, he may already have the answer. Walsh noted that the City Administrator will relay all
questions to the attorney. Walsh also stated that nobody is above the rules and that he wanted to start
the meeting on a serious note.
Council Member Victoria Seals asked if the City Administrator needed to be copied on a simple
question about an agenda item.
Walsh stated it was important to keep the City Administrator in the loop for everything. Seals
mentioned that it would be difficult to copy everyone every time but it is fine if that's the way we
should do it.
Walsh said he does not want us to potentially get council members or staff into trouble.
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Orono City Council
Work Session
Monday,July 8, 2019
Council Chambers 6:00 p.m.
2. Esinger Flats TIF Discussion
Community Development Director Jeremy Barnhart presented the item. Barnhart invited the
Minnesota Pollution Control Agency(MPCA) to a workshop to discuss mitigation options, and
comment on any danger to the public and public waters if leaving the site as is.
Walsh asked what has changed since the time you first discovered the issue with the soils.
MPCA Representative Mark Ostby stated while conducting the investigation methane gas had
been found present in the soil.
Council Member Aaron Printup asked if it was of a great surprise once they started looking into
the soils.
MPCA Representative Amy Hadiaris stated dumps are variable, some will produce methane and
some don't. We really don't know what to expect until we have completed the investigation.
We try to take a conservative approach when it comes to residential homes and facilities and are
very cautious about the methane exposure, however we have a little more flexibility with
industrial or large commercial facility. We have allowed in the past industrial/commercial
development on dumps for those facilities that will have very robust mitigation systems to
control or mitigate the methane, but it is not cheap.
Council Member Matt Johnson asked how alarmed or concerned should the city be with this
site.
Ostby stated that as it sits, it is okay,the problem is when you start putting impervious surfaces
over it is when there is a possibility of potentially causing issues.
City Administrator Dustin Rief asked if there were any concerns of groundwater contamination
at the site and surrounding areas or is it pretty well contained.
Ostby replied that it is not a real concern.
Walsh stated that by looking at the numbers, it appears that Ehlers could have approximately
5.7 million in equity off the bat that could possibly be used to clean it up. He added that the
Council needs to decide if they feel that it is reasonable to do some type of TIF to support the
cleanup. If not, we can say it's up to the developer.
Barnhart stated if the City Council is interested in proceeding, then Frethum could get the
numbers put together and bring it back to the Council.
Printup does not feel that the City should get involved with the project. It should be something
the developer should handle and decide on.
Crobsy added that it is not posing an immediate danger.
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Orono City Council
Work Session
Monday,July 8,2019
Council Chambers 6:00 p.m.
Johnson added the City does not have much motivation to incent this site. He is not interested
in participating in the TIF. There is enough information shown that he does not see it as a
benefit to the city.
Walsh mentioned if it were that nothing could happen with the site unless the city stepped in,
then it may be more beneficial; but if not, then it should be left up to the developer.
3. Marina Licensing
Barnhart gave a quick update about Marina Licensing. He stated the committee had met and is
working on assembling and formatting the information while getting it into logical order. The
committee is developing a spreadsheet of rules and regulations, in regards to licensing with the
goal of having a side by side comparison with other marinas.
Seals added that she would like the City to meet with the marina owners in the fall to let them
know of the expectations and rules, etc.
Johnson added that we have a zoning district in the ordinance, we should examine all of the
pieces and current uses and see if they are working together or if they are contradicting.
Walsh said the goal is to have this completed or started by the end of July or beginning of
August.
Seals added we would like to keep the current rules and marry the ideas we come up with to
cover all unique marinas.
Johnson mentioned that staff is under the impression that they don't have to enforce unless there
is a complaint filed. Johnson also mentioned that staff took the decision of the Council to not
hire a code enforcement position within the city as an opportunity to only enforce as complaints
are filed.
Crosby feels that it is not reasonable to have staff consistently going to marinas to inspect and
look for violations after an ordinance or license in in place.
Walsh said we will craft it correctly.
Meeting End Time: 6:50 p.m.
ATTEST:
ai/P)1X-
Anna Carlson, City Clerk Dennis Walsh, Mayor
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