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HomeMy WebLinkAbout12-09-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby II, Matt Johnson,Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, Public Works Director/City Engineer Adam Edwards, and City Attorney Soren Mattick. Mayor Walsh called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. TRUTH IN TAXATION PUBLIC HEARING 1. 2020 Budget Hearing a.2020 Budget Information b.Adopt Final 2019 Levy Collectible in 2020—Resolution No. 7049 c.Adopt Final 2020 General Fund Budget—Resolution No.7050 d.Adopt the 2020 Special Revenue Funds Budgets—Resolution No. 7051 e.Adopt the 2020 Enterprise Fund Budgets—Resolution No. 7052 Olson stated the law requires a public hearing before the adoption of the budget and public input, if any, must be accepted. As far as how taxes are calculated, it starts with the Hennepin County Assessor's valuation of each property in the City. The value is multiplied by a tax rate that applies to each class. 90% of Orono's properties are residential. The tax capacity rate is calculated by taking the total property tax levy of the City divided by the City's total tax capacity,the value the Assessors put on each property multiplied by the property's tax rates then added together. Olson said the Council is asked to approve a$6,007,450 Property Tax Levy. The City's Tax Capacity is $36,417,706, a tax capacity rate of 16.498%. Orono has the third lowest tax capacity rate in the county. He used a sample Property Tax Statement and explained the components of it and how to calculate the net City tax. For the average property tax distribution throughout Minnesota, school districts equal about 29%,the county is 27%, and the city is 29%. For the City of Orono,the school takes 39%,the county takes 39%, and the City is 15% of the property tax bill. He said this is a reflection of the Orono Councils, who have had to try to keep the property taxes as low as possible while funding needed infrastructure and services. Seals asked whether schools in Hennepin County tax at a higher amount compared to other schools. Olson said he has not looked at school data throughout the state, but Orono schools tax higher than Mound Westonka. The information is based on District 278. Walsh said part of the reason the school and county number is so much higher is because the City's number is so much lower than normal. Seals said that is why she asked what the school was taxing percentage-wise compared to other areas. Walsh said you would have to look on average. If the city is normally 29 and Orono is 15, it's a 14% difference,while the school is 10%higher and the county is 12%higher. He said the other entities are making up the difference of what the City is not taxing because of its governance. Page 1 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Olson noted all the information is available publicly. Olson said the preliminary budget in September showed, over the last 5-6 years, if the value of someone's house was$700,000 or a million dollars and it were the same value today,the homeowner would be paying less dollars. Meanwhile,the City has paid down 5 million dollars in debt, funded roads and infrastructure, so the City is managing and properly weighting where dollars should be used correctly. Olson stated Orono's tax capacity rate is 16.498%. The surrounding cities are higher and the Hennepin County average is about 39%. In the metro area,property tax bases average 79%residential, and commercial and industrial account for 18%. Because of Orono's unique nature and decisions on density and the type of developments in the City, 89% is residential and 2% is commercial/industrial. Crosby asked what the make-up is of the "Other" category. Olson said it was tax-exempt properties like churches, schools, et cetera. Olson stated the Council is being asked to approve a$6,007,450 tax levy. This is comprised of a general operating budget of$4,679,000, with $617,000 for the pavement management levy and three improvement bonds. In 2023, $300,000 of levy needs for debt service will drop off By 2029, all bonds will be paid and the City will not have any debt-service levy. Olson noted the tax capacity is $36,417,000,the total levy of 6 million dollars,and the tax capacity rate of 16.498%. Last year the tax capacity rate was 16.406%;this is a .092% increase. For an owner of a $250,000 home which did not increase in value,taxes would increase by$2.16 annually. For a 2-million- dollar home, it would increase by$21.85 annually. Assuming a home increases in value by 5%, for a $250,000 home taxes would increase by$24.60; for a 2-million-dollar home the increase would be $228. If a 2-million-dollar home went down in value,taxes would decrease by$250. Generally, almost as many houses go up in value as go down, although for 2020 there's a few more on the"increase" side. He offered to walk through anyone's tax statements if there were questions. Olson reviewed budget information: revenues are increasing 6.5%,which is property taxes of 6.8%and intergovernmental revenue,which looks like it's increasing 47% but is a change in accounting procedures regarding how grant money is handled. The total public safety service charges of 2.5 million dollars is in regards to the police contracts with the Cities of Spring Park, Minnetonka Beach,and Mound. That helps the City keep property taxes at 51%of the budget,which is significantly lower than the average city. Olson indicated the expenditure budget is increasing by 6.6%. To the street budget, $80,000 was added because basic routine repairs such as potholes was coming out of the Pavement Management Plan, and Staff wanted to move those types of expenses into the General Fund Budget. There is an increase of 870% for the three 2020 elections: presidential primary,regular primary, and general election. Personal Services is increasing 5.41%,which consists of negotiated contracts, settlements,and step increases. Insurances are going up 30%. Staff moved around some accounting such as creating an IT Services Fund and also moved some charges from Supplies to Professional Services. The shift does not change the dollars being expended. Personal Services are 63% of the budget, Professional Services are 16%, so 79%of the expenses are related to people and providing service to citizens. Page 2 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Olson noted the City Council is asked to approve the General Fund Budget per state requirements. The estimated revenues are$9,143,200 and the appropriated expenditures are the same amount,which is a balanced budget. Special revenue funds budgets are also adopted including the park fund,the drug and felony forfeiture fund, and the TIF fund. Olson noted the general fund consists of$9,300,000,which is the biggest piece of the budget and biggest impact on the tax levy. The 2020 revenue budget is just under 16 million dollars and includes special revenue funds, capital project funds, debt service funds, and enterprise funds. With the combined summary of expenditures and other financing uses, it is expected to be 17 million,partly due to how capital improvement funds are collected and spent for various projects. Council members and Olson discussed what the City paid the LMCD (Lake Minnetonka Conservation District)last year, if the budget increased this year, how much it increased,then asked the LMCD rep, who was present in the audience, if he knew Orono's cost and whether it's been approved. Mr. Rich Anderson said it is being raised 2.3%. He hasn't been with the LMCD long but has looked at the budget many times. He stated it's a rounding error for the City of Orono so no one takes much interest, but after you see all the line items,you have to start asking questions. Seals noted if it's a 2.3% increase, it's about$1,300. Mr. Anderson reiterated it's a rounding error but pretty soon it becomes principle. Johnson said that is an increase even with the moratorium on. Seals asked what the LMCD used the funds for last year. Mr. Anderson said LMCD decided, for$100,000,they needed to have a survey done on their plan for going forward with AIS (Aquatic Invasive Species)harvesting. He took a strong position that Orono doesn't want to do any harvesting. There was a meeting a couple weeks ago and the LMCD was going through the AIS plan,which is a summary of what they are going to do. They added $100,000 as a line item. Walsh stated they added $25,000 as a marketing budget. Mr. Anderson said they have income on the top and expenses on the bottom. They had plenty of income. They put in a$100,000 line item on the bottom to justify the top income for the bottom deficit. Walsh said with one vote out of 14, Orono did not have a lot of impact. Mr. Anderson agreed and said he brought up the issue with the City of Minnetonka Bay and nobody is interested because it is a rounding error. It is the principle, in his opinion. Mayor Walsh opened the public hearing at 7:02 p.m. There were no public comments. Mayor Walsh closed the public hearing at 7:02 p.m. Page 3 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Crosby moved,Seals seconded,to approve the 2020 Property Tax Levy—Resolution No. 7049,2020 General Fund Budget—Resolution No. 7050,2020 Special Revenue Fund Budgets—Resolution No.7051,and 2020 Enterprise Fund Budget—Resolution No.7052.VOTE: Ayes 5,nays 0. APPROVAL OF AGENDA CONSENT AGENDA 2. CITY COUNCIL MEETING MINUTES OF NOVEMBER 25,2019 3. CLAIMSBILLS 4. AUTHORIZATION TO DISBURSE CLAIMS 5. ADOPT 2020 FEE SCHEDULE This item was removed from the Consent Agenda. 6. COST OF LIVING ADJUSTMENTS FOR NON-UNION EMPLOYEES This item was removed from the Consent Agenda. 7. CLOSE FUND 437—POLICE CAPITAL PROJECTS FUND—RESOLUTION NO. 7054 8. 2020 ANNUAL APPOINTMENTS—RESOLUTION NO. 7055 9. ADOPT FINANCIAL MANAGEMENT POLICIES—RESOLUTION NO. 7056 10. APPROVAL OF RENTAL LICENSES 11. APPOINTMENT OF 2019 SEASONAL EMPLOYEES 12. DISPOSAL OF UNCLAIMED PROPERTY 13. 2018 DRAINAGE IMPROVEMENT PROJECT—PAY REQUEST NO.2—FINAL 14. ANTI-ICING UNIT#425A 15. LA18-000094—LAKEWEST DEVELOPMENT OB/O RUSSEL KOCON AND JACQUELINE GIBNEY,3570 IVY PLACE—CONDITIONAL USE PERMIT FOR PERMANENT DOCK—RESOLUTION NO.7057 This item was removed from the Consent Agenda. 16. LA19-000041—STEVE EGGERT,OB/O LAKE WEST DEVELOPMENT,LLC AND RUSSELL KOCON AND JACQUELINE GABNEY,3570 IVY PLACE, SUBDIVISION RESULTING IN A PLAT—RESOLUTION NO. 7058 Page 4 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. 17. LA19-000089—JIM CLEARY EVERLAST ENTERPRISES INC.,275 CRESTVIEW AVE, VARIANCE—RESOLUTION NO.7059 18. LA19-000090—BRENT TEELE,577 PARK LANE,VARIANCE—RESOLUTION NO. 7060 19. LA19-000094—DAVID BURDA, 1966 SHADYWOOD ROAD,VARIANCES— RESOLUTION NO.7061 20. LA19-000095—GORDON JAMES,2927 CASCO POINT ROAD,VARIANCES AND IUP —RESOLUTION NO.7062 Johnson requested to add Number 25, LA19-000096—Denali Custom Homes o/b/o Drew Hueler, 1398 Rest Point Road,Variances. He stated the applicant reduced the structural coverage to 20% since the Planning meeting. Walsh said he had a question about it, this wasn't the place to ask, and it probably should be kept off. Johnson retracted his request to add Number 25 to the Consent Agenda. Crosby moved, Seals seconded,to approve the Consent Agenda as revised,with Item Numbers 5,6, and 15 being removed from the Consent Agenda.VOTE: Ayes 5,nays 0. PUBLIC COMMENTS None. PRESENTATION 21. THREE RIVERS PARK DISTRICT COMMISSIONER—MARGE BEARD Ms. Marge Beard has been appointed to Three Rivers Park District to fill a seat vacated by Commissioner Penny Steele. She represents much of Western Hennepin County, including three precincts within Orono. She is a 25-year resident of Plymouth and previously served on the Plymouth City Council. She thanked the Council for their service because she's walked in their shoes and understands the difficulty of some of the decisions made, adding it is the most grassroots public service citizens can do. Ms.Beard said Three Rivers Park District was established 50 years ago by the state legislature and is a stand-alone government entity. There is a seven-member Board of Commissioners: five are elected and two are appointed by the Hennepin County Board. She serves in one of the elected roles. Their mission is to promote environmental stewardship through recreation and education in natural resource-based systems. All their parks and trails have to have some level of natural resources, so there are no ball fields, splash pads, or swimming pools. There are 25 parks, 164 miles of regional trail,they manage 29,000 acres of land, and they have 12.5 million visitors a year. Three Rivers is mostly known for boating, swimming, skiing, and snowshoeing. They own their own nursery in Hanover/Rogers, where they grow all their own trees and plants for their parks. Everything that is grown comes from seeds within 25 miles of Hennepin County. They have planted over 2 million trees since 1978 and manage 14,000 acres of forest. They have Page 5 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. an extensive wildlife management program and were instrumental in 1966, when Trumpeter swans were reintroduced to Minnesota and two were placed in the Carver Park Reserve. Estimates indicate there are now 17,000 Trumpeter swans in Minnesota. In 1984,they focused on reintroducing osprey into the metro area. There are now 600 active osprey nests in Minnesota. Recently they focused on the nesting turtle study and have protected 30-40 turtle nests at French Park on Medicine Lake. They have tagged rusty patched bumble bees and Monarch butterflies. They performed 21,000 AIS inspections last year and have over 200 trained staff focused on that. The Three Rivers Parks most visited by Orono residents were Baker Park Reserve, Gale Woods Farms, and French Park. The most popular program Orono residents purchased tickets for was"Saturday on the Farm"at Gale Woods Farms. Three Rivers would like to see themselves as an asset to the community. She offered the City of Orono assistance and to work collaboratively in a multitude of areas. Walsh referenced a project the City has been working on,trying to get to the Luce Line from Navarre. He said the City appreciates working with Three Rivers on the projects to get the trails put together, attached, and making them more livable with all of the space available in Orono. Johnson asked if any consideration was given to plowing the Dakota Rail Trail during the wintertime. Ms. Beard said there is a grant program available. If cities want to take on the responsibility to plow them or contract it out,Three Rivers would reimburse the city approximately$100 per mile. Three Rivers does not have the resources or staff available to plow their trails. Walsh stated he thinks the bigger issue is liability and that Three Rivers didn't want to take on any liability. If there was a way to get around the liability issue, it would be fun. Ms. Beard said she would check into details on that and get back to the Council. Crosby noted if the trail is plowed, it would be an issue for people who go cross-country skiing. Seals asked if there was someone the City's department could work with from Three Rivers to brainstorm ideas regarding Big Island because there are invasive species there, among other issues. She said the City will be doing improvements regarding trails in the near future, and it would be good to have an overarching plan vetted out by someone who knew what they were doing. Edwards stated his department routinely works with Three Rivers, and a lot of the ideas his department has for parks such as Lurton Dog Park and Big Island was vetted through Three Rivers staff. Seals asked if someone from Three Rivers has walked Big Island. Edwards said no one has walked the City's part of Big Island, although Three Rivers manages an abutting property to the City's park on Big Island. Seals stated she thinks the island needs to be walked to see what they're dealing with. They had a vet out there who said it could be accessed, and she just met him again and he said it can't be accessed. Once the lake freezes, it would be great if Three Rivers could look at it with the City. Ms. Beard said something should be able to be worked out and encouraged the Council to reach out to her for any help. She will eventually be going to Big Island personally to look at it. Page 6 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. The City Council took no action on this item. FINANCE DIRECTOR REPORT 22. ADOPT THE 2020 CAPITAL IMPROVEMENT PLAN Olson said the Capital Improvement Plan is for the long-range maintenance,repair, and replacement of the City's infrastructure which ranges from vehicles and plow trucks to roads. The plan was talked about in-depth at a work session. It is a planning document only, and anything that is approved would have to come back to the Council for approval again. Walsh stated it is a general plan of what the City is doing for the next 5-8 years so the City can budget and get funding. Seals referenced Long Lake Fire and confirmed that it is a planning document and everything still has to come through the City Council even though the biggest expense does not hit until 2028. Printup moved, Crosby seconded,to adopt the 2020 Capital Improvement Plan.VOTE: Ayes 5, nays 0. 15. LA18-000094—LAKEWEST DEVELOPMENT OB/O RUSSEL KOCON AND JACQUELINE GIBNEY,3570 IVY PLACE—CONDITIONAL USE PERMIT FOR PERMANENT DOCK—RESOLUTION NO. 7061 Johnson said he pulled the item because the description did not include the LMCD, as far as whose jurisdiction the dock had to meet. It referenced the DNR and Watershed District, and the LMCD would have jurisdiction on the dock itself. Walsh stated either way the applicant would have to get their approval. Johnson said there is language included that gave a specific distance for reflectors on the permanent dock. He did not feel the City Council should decide what the correct spacing for reflectors is and should rely on the LMCD to have ordinances about permanent docks. Walsh asked for confirmation that the LMCD has ordinances for reflectors on permanent docks. Barnhart said he is not certain if they do. He stated the language is a mirror of a condition at Shadywood from a couple years earlier. He suggested adding "at least every 25 feet" so that if the LMCD has a more stringent requirement,that application would apply. Seals suggested using language of"reflectors should follow the LMCD code" so the City does not impose on the LMCD's business, adding that the City would not be inspecting it. Crosby agreed with Seals. Mattick said it would not need to be added if the LMCD has a code on it. Page 7 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Barnhart stated if that is the direction of the City Council,he has the resolution in draft form and Number 2 could be stricken and the words"Lake Minnetonka Conservation District"added. Johnson and Seals agreed with Barnhart's suggestion. Johnson moved, Crosby seconded,to approve LA18-000094—Lakewest Development o/b/o Russel Kocon And Jacqueline Gibney,3570 Ivy Place—Conditional Use Permit For Permanent Dock— Resolution as written, removing number 2 and adding the LMCD language on number 3.VOTE: Ayes 5, nays 0. 23. LA19-000074—WILLIAM GRIFFITH O/B/O THEODORE BONNETT,40 & 45 SMITH AVENUE,REQUEST FOR STREET VACATION Staff presented a summary of packet memorandum. Walsh stated his understanding is there are two issues. First,putting the cul-de-sac in the right place according to Staff because it is the right topography, et cetera. Barnhart said he supports this location for the cul-de-sac. Walsh asked whether it was because it was flatter. Barnhart said primarily it meets the City's needs. There is not a lot of benefit from pushing it farther to the north, other than it's closer to the trail extension. Crosby asked what the negatives would be regarding pushing it farther to the north. Barnhart said he did not think the applicant would support it there and would likely withdraw the application and then a hammerhead would be put within the City's Right-of-Way. He thinks a cul-de-sac is desired long-term versus a hammerhead. Walsh stated the current easement pathway has a steep embankment to deal with and it would be a lot of work to make that path work. The easier pathway is the one already there because it's very easy to walk from a pitch standpoint. He would like to get the best trail and a permanent easement. The applicant is proposing a 10-foot path, Staff is saying it should be 20 feet, and he asked for more information from Staff. Barnhart stated 20 feet is a standard trail width requirement which allows the City to build an 8-10-foot- wide trail and allows maintenance work to be done within an easement without encroaching on other property. A 10-foot easement makes it pretty tight. Walsh said if there is only 10 feet,the pathway could only be about 4-5 feet because you have to build and maintain it from the edges and work within the easement. Crosby noted you would be working within the area you have. Walsh asked if there is another number that would work if 10 is too small and 20 is too much. Page 8 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Barnhart said the City's standard is 20 but Staff could make do with what the Council supports, recognizing there's challenges to a 4-foot wide trail within a 10-foot easement from a maintenance standpoint. If it was a brand-new trail easement, Staff would want at least 20 feet. Walsh said this plan would clean up the road and creates a permanent and better pathway. Seals said neighbors have used the phrase "equitable exchange of land" and asked for clarification. Barnhart stated if you take the area that will be vacated, it is substantially larger than the area the applicant is proposing to provide in terms of the cul-de-sac and the easement. Seals asked how Barnhart defined "substantially." Barnhart said the amount of land to be vacated is about 29,900 square feet. The amount of property the applicants would be providing is about 3,400 square feet. From an equality perspective, not all square footage is the same. The fingers are heavily wooded;there's some questionable topography to deal with. What the applicant is proposing is land that impacts their ability to improve their property, so there is some value to the property owner in that respect. There is some value to the City for the cul-de-sac. While it is a little more than 10%of the total,he is not looking at it strictly square foot to square foot. Seals said it did not make a lot of sense to her. One of the residents that called her said the City sometimes complicates things and that the current road works. From what some of the neighbors are saying, it does not seem equitable. While she does not think there needs to be an exact square footage to square footage because the land is different, it seems like a drastic difference. Walsh stated the problem is,there is a big hillside of a sliver of land and you can't vacate part of it. Seals commented that there may be a value on it. Crosby said he'd like to see what the neighbors'thoughts and comments are and who showed up tonight. Walsh asked what Seals meant by "value" and where she was going with that. Seals stated if the City is going to give up a big chunk of land that is a value to a resident,maybe there is a number on it. It's a dangerous thing to get into,where the City of Orono gives away land for free. She knows this isn't for free,but it does not pass the sniff test of being equitable. She agreed it would be good to hear from the residents. Johnson asked, if the cul-de-sac is put in as proposed, is the City putting the two houses out of compliance with the required setback. Barnhart said the cul-de-sac encroaches into one yard. Johnson said it goes into the other property, too, unless the drawing received by the Council members isn't an accurate depiction. Barnhart stated the drawing he is working from is in the packet. It encroaches into one but does not touch the other property. Page 9 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. In response to questions from Johnson, Barnhart stated the City does not measure from the edge of pavement,they measure from the property line. From a setback standpoint, it does not change on one property. It does decrease the setback for the existing property, but the property is already nonconforming. Chances are, if the property was to redevelop,they would either meet the new setback or request a variance. Johnson asked if they would need a variance to keep it in the location it is now. Barnhart said they would not unless they wanted to redevelop. Johnson said if you pretended the house was not there and the owner wanted to put it exactly where it is now, it would require a variance. Barnhart confirmed his statement. Johnson wanted to make sure everyone understood the City would be making it nonconforming in that location. Walsh clarified that it makes the house nonconforming. Johnson agreed with Walsh's statement. Johnson noted if the cul-de-sac is pushed to the back of the property line,you don't have those issues. Seals commented that is a good point to bring up, because historically decisions have been made and then the City Council is forced to have other conversations because it is nonconforming and the City Council is who made it nonconforming. Barnhart said the City is not changing anything,that it's a nonconforming structure from a setback perspective now regardless of where it is put. Walsh stated the question is whether the City wants to clean the area up in terms of dead-end streets and putting in a cul-de-sac and making sure the City has a permanent easement for the right location to get down to the trails. Right now, people are going through the applicant's property,and he could say, "You can't come down here. You've got to go down the huge hill through all the buckthorn."It would be a big investment on the City's part to deal with that. Having the trail on the applicant's property is not the right solution. If the City is going to clean it up,the City wants the right solution for the trail. Seals noted it would be good to hear from the residents, because if they don't want the cul-de-sac there, then it becomes part of the City's job to fix where the correct trail is right now. Walsh stated that if the City Council didn't do anything else,they still need to do that, because it needs to get off the applicant's property. Seals said, from reading residents' emails, she did not feel like there was an overwhelming desire to put a cul-de-sac in. Page 10 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh stated originally the applicant was putting in a different trail-going to Old Orchard Road and walking three blocks and going back uphill -which was a big problem. The City is not going to get rid of the direct access that it has today so the applicant has to correct it,which is what the applicant has been told to do and what he has come back with. Staff has worked with the applicant for the correct placement of the cul-de-sac they are comfortable with that makes sense. The applicant has done what the City wanted. The biggest issue is, he wants a 10-foot trail through the easement. Staff is saying 10 feet might be a little tight and 20 feet is the standard. Crosby asked if the trail would be paved. Barnhart said right now it is not paved, it would be the City Council's decision after Edwards put together some plans, but he did not believe there were any plans to pave it. Johnson stated the reason this was originally brought to the City Council was to address the excessive number of vehicles that were coming down the street with no place to turn around. Then there was some conversation about the restaurant address in the wrong spot so there had to be a cul-de-sac. It made sense initially to put it all the way to the back because the City already had the property back there.Now he is hearing if the City puts it back there,the applicant is not interested. That doesn't make sense,because the reason it was brought to the City was to address the issue of the vehicles that had nowhere to go. Seals said safety was discussed. Johnson noted when the City started addressing that issue,the neighbors said, "Hey, what about our trail?" Crosby asked whether or not there is a safety issue. Walsh said he did not know if he heard an argument that says it is true or not true,but if there are delivery vehicles or buses on the road,they don't have a way to turn around without pulling into somebody's driveway. Johnson stated he went there with his vehicle which is delivery-like and he appreciates it's a problem for delivery vehicles, although delivery vehicles would be using driveways because they are delivering to somebody's house. He brought up the history because he does not want to lose sight of why it was originally brought to the City Council. He wants to get a good trail that everyone knows they can walk on and they don't have to worry about"No Trespassing" signs. Seals said they have a cul-de-sac where she lives, and the delivery truck guy does not use it the right way. Johnson said delivery drivers do what is efficient. He thinks when cul-de-sacs can be put in and it makes sense,the City should put them in. Walsh added it is the best thing to have, but whether or not they are used correctly is another issue. Johnson wanted to know if the applicant would pull it off the table if the cul-de-sac is at the back of the lot. Page 11 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh said if it is at the back, you are chewing up a ton of property for no particular reason. Usually the houses are at the end of the cul-de-sac and you go out to the houses versus bringing the cul-de-sac all the way through the yard. Mr. Theodore Bonnett, 40&45 Smith Avenue, stated he wants to get the deal done. He has had many phone calls with Barnhart,he appreciates his patience, and he is looking forward to getting a resolution. He said what is being presented is fine. A month ago, it was the path,this time the cul-de-sac is in the wrong place/the City is giving up too much, and next week it might be something else. This is what the Council asked for and what he has committed to after a lot of discussion. He hopes this is an amicable solution for everyone in the neighborhood. He thinks after this is built people will come and say, "Thank you. This is a great solution for our neighborhood. It looks good," as opposed to, "He's getting too much slough at the north end of Almo Place,"which is essentially worthless land. He said the City is welcome to carve that part off and he only included it because the City said to. Walsh asked Mr. Bonnett to answer Johnson's question regarding the cul-de-sac. Mr. Bonnett asked what the point would be of putting it another 150 feet down the road, adding that it would cost more money and no development would be happening there. The City has the easement for the path, and he asked why the City would want to pay taxpayer money like that. He added the City just presented a great budget that people should be thrilled about. Johnson said the question is, if the cul-de-sac is at the end of the property, would Mr. Bonnett not want it. Mr. Bonnett said it would be like being asked if you want your leg chopped off and then sewn on with metal or aluminum. He'd prefer not to think about that. He said he presented what the City asked for collectively and what he would like the City Council to vote on. He feels this is the solution that benefits everyone: The City,the property owners that have to deal with the turnarounds. It addresses the safety issue and the trail. Walsh said he appreciates Mr. Bonnett working with Staff and bringing it back to the Council. Johnson asked about the width of the trail,that the City would like 20 feet. Mr. Bonnett stated this would be a simple foot path,not a snowmobile trail. Crosby asked whether Mr. Bonnett had an issue with the path being 20 feet wide. Mr. Bonnett asked why he wouldn't go 50 feet wide. Mr. Bill Griffith, 8300 Norman Center Drive, Bloomington,represents TJ Bonnett. He stated he is also a City Attorney so he understands Mr. Mattick's seat.He pointed out a vacation of Right-of-Way is not an exchange, it's not the City trading land or swapping land, it's the City determining whether that land is going to be needed for Right-of-Way. If you think it is,then you hang on to it. If you don't think that's going to develop into Right-of-Way, you look at what you need to reserve in terms of the cul-de-sac and the roadway,what you need to reserve in terms of the utilities, and what you can obtain in terms of the additional easement towards the Luce Line. He and the applicant looked at this situation as, if there is an opportunity to serve the public and also serve private interests,this makes sense. If they can't get to that point tonight or at some point in the future, it does not make sense. All the residents' issues should be Page 12 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. heard and addressed,the landowner's application should be heard and addressed,and ultimately the Council will decide if the Right-of-Way is excess to its needs or if it needs to be retained. This isn't a trade or what's the highest dollar value you can get, because you can't sell Right-of-Way. You vacate it and it goes back to the adjoining property owners from whence it came. It isn't a bargaining tool: The City Council isn't over a barrel nor is the applicant over a barrel. It's really about public need and how can the public need best be served. Mr. Griffith said the addition of the cul-de-sac is a public safety improvement,which Staff has said from day one. As the landowner,you look at what is the area of land that can accommodate that without paving the rest of the property. The blacktop which exists today will be pulled out and eventually be green space, and the trail will connect from the bulb of the cul-de-sac. The next question is how to serve the utilities. There is a manhole in the middle of the cul-de-sac and that utility service will remain, which is satisfied by the plan. Staff requested easements around the cul-de-sac to provide for a utility corridor,which is also a public benefit. The last question was the idea of providing a trail connection. Previously, other locations were looked at for the trail, and there were a lot of discussions with Staff to provide the trail in the right location. The path of least resistance was to go over the existing trail. Folks have been using it, it makes sense,the grades are workable and manageable,and it's basically a mowed grass trail today. That was also part of the Mayor's and Council's direction. It was also Staffs direction when getting down to the last alternatives. That is the logical place for the trail. The trail becomes public rather than private, so it provides a new benefit to the public that isn't there today. The 10 feet of width is plenty to accommodate what is there today. If the City desires to improve it at some point,the applicant can provide for temporary construction easements, because then it gives the City what they need to build and maintain the trail, but it does not encumber the property in a way that it becomes a detriment to using the property if the applicant wants to redevelop or otherwise. There is a way to satisfy that need without having a 20-foot wide corridor permanently. The bottom line is, is there more public benefit in going forward with this application than having it withdrawn or the conditions such that the applicant can't agree to go forward. Ms. Stacey Quinn, 125 Smith, asked how she would get to the trail if she is at the end of the cul-de-sac. Walsh referenced the map and said where the dotted line is would be the trail. Ms. Quinn asked whether the dotted line down the middle of the property would get her to the trail and that it would be an easement. Walsh confirmed her statement. Ms. Quinn stated it was not clear and asked Barnhart questions about the location of the easement, property lines,the Bonnett property, how to get to the trail,the existing trail,all of which Barnhart answered using a map. Ms. Quinn said she has lived at 125 Smith for 12 years. She believes the Bonnetts have been there 6 years. The trail worked fine before; it was a nice footpath to get to the Luce Line.Residents are not looking for a snowmobile trail. She would prefer they keep a trail at the end of that street. There doesn't need to be anything cleaned up,which the Mayor has referenced, and in her opinion, it is working fine. Walsh said it is working right now but it is going through somebody else's property. The proposal would make it official that the trail would never go away. Page 13 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Ms. Quinn stated there is an area where people can get to the trail that isn't going to be on his property which is on the far end. The previous homeowner had no issue. She stated no one is having parties there; they are just trying to get to a trail. Seals asked Staff what trail the residents should be using. Barnhart stated there is not one. There is a pathway through property to get to the trail. Within the Right- of-Way,there is no path. Staff walked it and it is steep and overgrown. Seals asked if there could be an appropriate trail on City land if the City cleaned it up. Barnhart replied one would have to be created. Seals asked if Ms. Quinn would be fine with that. Ms. Quinn confirmed she would be. She said the City did not create that trail. If you walk it,you can see it's not a City trail. It's a very organic, earthy opportunity to get to the Luce Line. Ms. Quinn referenced the budget discussion and said the City has the money to do what she suggested, that it would not save the City a lot of money by shortening the street and not paving to the end of the street. She cannot imagine that everyone is here to save the City money because the City wouldn't pave to the end of the street. She referenced Three Rivers'presentation regarding the value of parks and trails. Her household finds value in being able to get down the street and get to the trail that they've groomed. It wasn't a City-groomed trail and the City probably wasn't even aware of the trail. The previous owner used to groom the trail and put wood shavings on the trail and wood pieces on the side of the trail. That is what Orono is to her. She is not looking at 20 feet of tar road to get to the Luce Line; she is looking at a nice, quaint, small neighborhood that does not need to be fixed. In her opinion,there is nothing broken there. If the homeowner does not want people going on that far end to the north side of his house to enjoy a trail, move the trail. She is against the project and does not see the need for the cul-de-sac at the end of the street. In her opinion this benefits one person, not the whole neighborhood. Mr. Sean Benson, 1220 Lyman, said he and his wife reviewed the latest plan and oppose it for several reasons. They are concerned about the equity concept, and the idea that a private citizen would get .6 acres of land essentially for free is disconcerting. They don't think any citizen should receive land for free. It sets a dangerous precedent, and in the future people would refer to that and say, "Hey,this is my opportunity to ask for free land because you've done this with somebody else." They do not see how shortening Smith is a benefit to anybody but the Bonnetts. They don't think it's going to be a huge financial savings not to pave that. They don't think the Bonnetts should have to agree to an easement. The Bonnetts have been allowing people to walk on their private land, but the Bensons don't think it's a good idea to get in the business of granting these easements and essentially forcing them to have to widen their trail or provide 20 feet of extra space. The Bensons question the number of vehicles that go down Smith and do not believe the number has been established. The proposal on the table is a cul-de-sac, but another option might be a hammerhead turnaround. He said in his work they do not rush to a solution. They take a step back and say, "What are the problems we are trying to solve?" He thinks the problems the City is trying to solve is access to the Luce Line Trail and maybe some way for vehicles to turn around that's better than what exists today. From the Bensons' perspective,there is DNR-owned land that abuts Smith Avenue and goes right to the Luce Line Trail. He asked if that could be used as the direct access,could the City put in a smaller turnaround. The City then avoids the issue of having to negotiate with the Page 14 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Bonnetts on what land they should or shouldn't get, how wide the easement should or shouldn't be, and the neighbors don't get all up in arms like they are. He felt that was a much cleaner, more efficient way to handle the issue. He said the City needs to take the path that exists that's overgrown and turn it into a walkable trail. He walked the area recently and that trail did not seem that wild or steep, unless he wasn't looking in the right place. He said if he is on Smith and looked straight north going to the Luce Line, there's brush and trees,but it doesn't seem incredibly steep. He suggested the City look at the option of building a hammerhead,plowing the trail that already exists,take all the negotiation off the table and not ask the Bonnetts to do certain things, not ask to get the neighbors involved in different ways. Mr. Merritt Jackley, 80 Smith Avenue, said he and his wife noticed that the road planned is 20 feet wide, which is wider than Smith Avenue right now, and wondered if that was correct and part of the plan. Barnhart said that is what the applicant shows on their plan. He does not have a final plan for Smith Avenue; that plan will be done this spring. Mr.Jackley said he is happy to see on this plan there is trail access from the proposed cul-de-sac to the Luce Line. The 20 feet would be great and helpful. He is confused as to why the cul-de-sac is not at the end of the road. A number of times in meetings there was clear direction that the cul-de-sac would be at the end of Smith Avenue, or try to be there. He realizes there might be some other considerations, but he thought he heard Barnhart say there should be no problem moving that back. He stressed the project be overseen by the Orono City Council or a neutral party. A number of neighbors have made it clear that getting trail access and having a cul-de-sac at the end of Smith Avenue is what they want. The Bonnetts' plan has been inching there but it's taking a lot of time. Ms. Angie Hopping, 95 Smith, asked will the remaining part of Smith get widened if a cul-de-sac is put in. Barnhart said the Council is talking about adding an area for a cul-de-sac. In terms of the pavement width of Smith,that is an independent project. Walsh said they are not looking to widen Smith when the road is redone. It's going to be in the same corridor that it is now, even if there is a cul-de-sac. Ms. Hopping said she is concerned about an equitable exchange and does not feel that giving up that much City property to one resident is fair to City residents. She asked what the value would go up to once he gets the extra property and is that fair to everybody, setting a precedence of giving away land. Even if nobody is using it, it is still wild property and kind of makes a buffer for the Luce Line. She said Orono prides themselves in their parks,their natural land, and she does not think giving the land up is a good idea. She also does not think it is a good idea to have a permanent easement through someone's private property. She thinks it is better, liability-wise, for the Bonnetts to have the City trail go to the City street and then to the Luce Line so residents are not going through Bonnetts' property. She would feel more comfortable staying on City property and she thinks that would be beneficial to everybody. She is not against the cul-de-sac going to the end of Smith Avenue. She agrees with having the City property to the trail to the Luce Line. She said most of the vehicles going down to the end of the road are delivery vehicles, Bonnetts' vehicles, or his renters' vehicles. There are no more 6Smith people going down there. It is not a very busy road to begin with, and she does not see a huge need for putting all the time and money into the cul-de-sac. Page 15 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Mr. Howard Mcmillan, 1275 Lyman Avenue, stated he would not like to see the present proposal pass. He asked if a turnaround and new trail connection within the existing Right-of-Way could be drawn so the two options can be compared side-by-side and the issue of public good could be better ascertained. Walsh said the Council is looking at what the applicant brought forward. If the proposal does not get approved,the Council may have to look at something down the road. There could be some type of hammerhead at the end, which is not perfect. If that didn't happen,the Council would have to work with the Parks Commission about the possibilities of getting access not going through the Bonnett property. He said he has walked it and it is steep. The brush can be cleared out, but it would definitely be a project. He did not know what the cost would be,which is always an issue when you're dealing with very steep land and you have to build access and decide whether it has to be handicap-accessible or not. Johnson noted it also has to be maintained. Walsh added it would probably have to have stairs because it is steep. He uses "clean it up" because there are a lot of fingers of land and there's a street that dead ends into nothing. Since the City is doing the road, it is a good opportunity to get a couple of things done at the same time and get a trail that can work well and get an easement through that which would be on Mr. Bonnett's title so he could never get rid of it. Everybody would win. As far as equity, Right-of-Way cannot be sold. This is a long finger of land heading down in the woods that was planned for a street maybe 100 years ago. But if somebody today said,"We want to do a new development and we want to put in a road with a hammerhead,"the Council would say no, it needs to be a cul-de-sac. The City is trying to do a few different things, and if it doesn't work, it doesn't work. Mr. Mcmillan said he understands the City is responding to the Bonnett application and the City's been providing counsel for how he might make adjustments that could pass. He thinks the application has created a need for the City to address an issue that has always been there. He has lived there for over 30 years, and the access onto the Luce Line from Smith always existed and was maintained by previous homeowners. When the Bonnetts moved into the house is when a"No Trespassing" sign went up,which has made it more challenging for neighbors to understand where they should be. Walsh noted the sign said "Private Property" but that it's still a very nice lined pathway. Mr. Mcmillan agreed that it says "Private Property." To him, the easiest solution for the path would be to go straight off the end of Smith and develop that trail. He is not keen on the idea that he has to thread his way through private property to get to a public easement. He asked what the City policy is regarding vacating public Rights-of-Way. Walsh said the policy is,the Council is willing to listen to anybody if they've got those types of pieces of property next to them, because there are lots of different types of easements throughout the City.There was one on Forest Lake. They had an entire road circulation system that they put in place 130 years ago, and 90% of all the little fingers of the road easements have been vacated over time. There were one or two small pieces left which were next to houses that were tiny, and it made sense to say, "This has no public use anymore because it's not going to be a Right-of-Way for a road anymore,"because it would never be put into place today, but 100-130 years ago it looked really good. The City is always willing to reason. The City probably has a 50/50 track record of things that make sense, some that don't make sense, but having the conversation is always a good thing. Page 16 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Mr. Mcmillan said he would like to keep it simple and see the public access on City land go straight off of Smith and not into the Luce Line. Speaking for himself and maybe a few neighbors,they would be happy to show up on a Saturday with some chain saws and shovels. Printup noted the application is about a vacation, it's not about trails or cul-de-sacs. He wondered if the City would be okay with vacating the finger on the left of the map and moving the cul-de-sac to the end but leaving the finger on the right which then becomes the trail. Walsh asked Printup to repeat his suggestion. Printup stated the cul-de-sac would move to the end, a vacation of Almo but keeping the City land to the right because that becomes the trail access. Whether it becomes a 20-foot thing or whatever the standard is, it doesn't matter,because it's the City's land. He said when the City is invited in areas,the government is probably going to screw it up and it's going to become really big and it could be paved and there's all kinds of lights and sirens on it saying, "Hey, everybody, come to this City land"because it's public property. But when it's a neighborhood thing, it's kind of a neighborhood jewel. Crosby asked if Printup was saying there would still be a cul-de-sac at the end. Printup said he could go either way on the cul-de-sac. The application is about vacation. The cul-de-sac is a secondary issue. When the opportunity is provided,the City will be doing the road there anyway. There are a lot of tiny streets in Orono, a hammerhead is fine or not, and he is okay with paving it and leaving it as-is. He gets the idea of cleaning it up,but the road to hell is paved with good intentions. Crosby asked if there is a hammerhead in it or a cul-de-sac. Printup said right now the City should say no because it is not solving a problem. It's saying, "Let's bring it up to standard,"which would be nice. Crosby indicated Printup's vacation perspective made sense to him. Seals stated she wrote down, "What problem are we solving?Is it something we're creating right now as we're talking?" She is not hearing from the neighborhood,which is the majority,that it is a true problem. The true problem is the City has not maintained the true location of a trail. Whether it's complicated or not,the City is going to have to spend money. Johnson and Walsh noted that it is not a City-designated trail. Seals clarified that she meant the other spot, where it should be. Walsh stated the City does not have a trail. A neighbor just happened to make a trail. Seals said that's where the City should put one. Walsh added if the possibility was to be able to put a trail there. Seals agreed with his statement. Page 17 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Johnson asked if the City had the option of letting the neighborhood make a trail on City land and the City could wash their hands of it. Walsh noted that it is really steep and asked Johnson if he had walked it. Johnson said he had. Walsh said it is not something where you would just clean the brush and start walking down it, especially if it's wintertime, because you will just slide down the hill. Johnson said if the neighborhood didn't have an opinion, he would be prepared to do what's proposed. He is not worried about the even exchange. If a resident gives the City some land to make it better for public use and they get some land out of it and the City is not going to use it, it's fine. But it's clear the neighborhood does not want this. The hammerhead was put in because the City thought they might as well make it a little better because it's a new road, and let the citizens of that street know they can go on City land to get to that trail and leave it up to them about exactly how that goes. He said the applicant has every right to keep people off his property. The neighbors are saying they don't need the City to solve this problem for them. They'll find a way with their machetes or whatever they want to do out there. He asked if the City has the authority to say, "Yeah, go ahead. You can use the City property to gain access." Walsh said the City does not need to give the residents permission. It's already City property, and they can go through it any time they want. Crosby asked about going farther down, do the hammerhead, and then let the citizens connect the trail. Walsh stated the Council can't say, "Let them build a trail." Johnson stated just walking it is not the problem,that they're talking machetes and chain saws. Mattick noted he hears some support for the idea of getting rid of some of the area. The legal standard is whether the City needs all of that Right-of-Way and whether it's in the interests of the public to keep it. If the Council were saluting the plan,then there would be a clear plan going forward in terms of what gets vacated. He is hearing, "We'll maybe try and keep the trail within our Right-of-Way." At this point it is unclear, if you break away from the cul-de-sac and go to a hammerhead and keep the trail that goes forward,what the City is going to need and what the City may be willing to get rid of. If the answer is no, this spring when it's time to put the hammerhead in,part of the direction can be, "And design us a trail and show us what land we need left."The Council can City-initiate a vacation. Walsh asked if the Council could say, "Design a trail and let's figure out what it actually would cost." Mattick noted the Council could be here tomorrow trying to figure out the best route with the hammerhead versus the cul-de-sac versus the trail through the hill,having residents do City work and figuring out the liability on that. He said the City Council can put together a plan,but this proposal started out as a street vacation and then the horse trading started. It's been expressed there's a public need for this land for a certain degree of street and trail. What exactly is needed is not known, but we also don't know that we do not need it at this point. If it's premature for what the Council needs based on what's been heard from the residents, he suggested taking action accordingly. It is in the design phase as far as what the Council wants. Page 18 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh noted the Council was in the design phase last time,too. Mattick suggested the direction would be to do this in 2020. Walsh said this road is to be completed in 2020. Crosby said he thought, if the cul-de-sac was farther north,the Council would jump on board a little quicker,to have it definitely closer to the trail. Mr. Bonnett asked what purpose it would solve. Crosby said it gives it a closer connection to the trail. Mr. Bonnett stated that Seals said everyone is against them, which is categorically false. There're at least 30 neighbors that live at 45 Smith Avenue that said they cannot stand the traffic turning around in there. Two owners before that, before Ellen Phelps,they had gates with chains across their driveway because they had little kids and there were so many people turning around. Since 6Smith has opened up, it has gotten worse. He has pictures of multiple vehicles turning around, fresh tracks in the snow, from the last few days. It would be eye-opening for everybody to get a count of cars on the street. They are proposing a plan. They would like a vote on it. He thinks the proposal presented solves all of the issues, and he is not sure what moving the cul-de-sac back gets. Crosby said moving the cul-de-sac draws it closer to the trail to make sure they have access. Mr. Bonnett stated they would be providing a permanent easement trail that's as wide as the City wants it through a temporary construction easement, and asked what the purpose of moving it backwards would be other than costing more money in streets.He knows he is not giving up a lot, but it's flat land that the City needs to build a cul-de-sac to clean the area up so the next owner of 45 Smith or 40 Smith is not before the Council saying, "We really love living in Orono and it's a quiet, great place to raise our children, but what is with all this traffic on this street turning around in driveways and bowling over bushes?"It's been an issue for a long time and there's a great opportunity to address it and a plan that Staff supports, and he would really appreciate the Council taking a look at it as it's been presented. Printup moved to deny LA19-000074—William Griffith o/b/o Theodore Bonnett,40 & 45 Smith Avenue,Request For Street Vacation,to install a hammerhead at the end within the existing Right- of-Way,and ask Staff to mark off where the City property is so people can see it. Printup stated whether it's walkable isn't a concern right now, but at least everyone knows where the City land is for any future construction or work that needs to be done. Walsh asked whether there was a hammerhead there now. Barnhart answered there is not. Edwards said there is a hammerhead templated in the plans for the road. The hammerhead that is templated basically follows the easement. Page 19 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Seals seconded the motion. Walsh said all the City land would be staked out so everyone knows where it is in the spring. It would be nice to get some kind of design drawn to figure out what it takes to get an actual public access trail through the easements that the City already has so people don't have to deal with walking through somebody's yard. Seals stated that is why she jumped to second what Printup said. She thinks the more things can stay on public land,the better off the City is. If the City has the land,try to figure a way on it. Crosby agreed with Seals. Seals said there is no reason to put an easement on someone's land if the City has something they can work with. Walsh stated it's always workable but it's how much it costs and how long it takes. Seals said Orono has a great head of Public Works and Parks. Johnson asked to hear the motion again. Council members and Staff discussed the motion was to treat it with a hammerhead and stake out the public property so everyone can see it, no vacation, and having the already drawn-up plan of a hammerhead. Mattick clarified that Printup is denying the request and directing Staff to prepare designs for a hammerhead,then extending the trail and he asked if that was fair. Crosby and Seals confirmed his statement. Walsh said the hammerhead has already been designed. Johnson wanted to make sure the neighbors understand where the City property is. Walsh added Staff will have direction and it can't really be done until spring. VOTE: Ayes 5,nays 0. RECESS AND RECONVENE The meeting recessed at 8:30 p.m. and reconvened at 8:38 p.m. 24. LA19-000086—J.MARIE FIEGER,580 BIG ISLAND,PERMIT FOR DOCK ON RIGHT- OF-WAY Staff presented a summary of packet memorandum. Page 20 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh said he was at the Planning Commission meeting and it was very clear the access on the public easement doesn't make a lot of sense for the applicant or from a City perspective for emergency vehicles or barges that come and deliver stuff, because if there was a dock there,they could not get there. One of the problems is that there's an overall encompassing ordinance that says you can't grant lake access, which is what the applicant is getting from her neighbor to be able to have a dock and have ease of access to her property. He does not know if tabling the application makes sense or if it makes more sense to deny it because the City wouldn't put anything there to begin with. The bigger change would be to take the existing ordinance and craft out an exception for people on the two islands,that you could get a Right-of- Way from your neighbor to get to the lake, which would be the only way to do it because it's landlocked. At the Planning Commission he said he thought that would be an easy solution to solve a problem for a landlocked piece of land in the middle of an island that's been using a gracious neighbor's land who is willing to give an easement to solve the problem. It seems to be the logical solution,to carve out something very particular for a unique situation. Printup clarified that Walsh was saying the dock would stay where it has been for half a century but they'd make it legal. Walsh said the applicant would be able to get an easement from the neighbor, which would be part of his title,that would enable her to walk down his property to the dock and it would be permanent. Right now, the City's ordinance does not allow her to do that. Printup clarified that it would stay where it's been. Walsh indicated that it would stay where it's been forever. Printup confirmed the Council would not be dealing with any City property. Walsh said the Council would not be dealing with any City property and the Council is saying no to the City property because it really does not make sense. Crosby asked if the easement would stay with the property. Walsh stated it would be a private transaction between the applicant and the neighbor across the street and it would be a permanent easement he's willing to give her across his property so she has dock access. Printup noted no one would be hitting electric lines or anything else. Walsh stated no one would be hitting electric lines or barges trying to get past her dock or anything like that. He thought it would be an easy solution but something Mattick would have to craft,and it could be ready by the first meeting in January to vote on so the applicant can move forward. Crosby asked if that language would stay with the property. Walsh confirmed that it would stay with the property and would be an easement that would basically give her permanent access. Johnson stated it seems to him they could have a dock there in the City easement, based on the ordinance for the zoning district. Page 21 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh agreed it was possible. Johnson said it would have to be approved by the Council. What he likes about denying it on the City land is,there are quite a few more interior lots.This applicant owns two. From what he can tell, one of them is for sale. He does not know if they are putting both in there, but the City could be looking for a place for a second dock. Walsh stated it wouldn't be the City. Johnson said now there's an ordinance in place that says they can put a dock there,but the other ones that are in the interior are muted by the fact that they're owned by people that have lakeshore. The ones to the north are owned by people that already have their lake access through their own lot so it's not an issue,but at some point, it could become an issue. He asked what the City would do if there are six interior lots demanding a spot for their boat. Council members gave opinions on whether that is allowed, it could be requested or approved. Walsh stated the City land is not a feasible place to put a dock. Johnson agreed and said that is why there is some latitude within that ordinance about the City saying where it can be and they can approve it and it's annually renewable and can be cancelled by the City. He wanted everybody to be mindful that there are other ones there. Walsh said that is why the City needs to sculpt the language very tightly as far as what it applies to. Johnson noted the property owner would need cooperation from the LMCD. Walsh stated the City can't solve that issue. He said if that gives them lake right access,then they should be able to get a dock from the LMCD. Printup asked if there is anything the City should do to make it very clear why the City does not want it in the City Right-of-Way, such as the danger and the barges and the flow of traffic. Walsh noted at the Planning Commission a lot of the neighbors said, because of the width, if you put a dock there, a barge bringing materials there could get there but they would probably be parking on private property. Then there are issues with barges going on private property versus the access that's supposed to be for them, and who can and can't go on the dock. Johnson added there's power lines and dock storage issues. Walsh confirmed there's power lines under the water in the mud and said if someone hit one of those,who knows what could possibly happen. He does not think anything shows or anyone knows where that is located under the water. Crosby asked if Walsh wanted the City to draft something on this item. Page 22 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh confirmed he did and that it would be up to Mattick, understanding where the City Council is going with it and with Staff knowing all the feedback. Mattick said he does not necessarily hear a desire to take what's on the books off the books,but perhaps to expand what is allowed in this particular situation. Walsh stated the Council wants to give someone in the interior of an island, and dedicate what those islands could possibly be, an easement from a neighbor to be able to get lake access. Johnson added that is something everyone wants except one neighbor to the east. Walsh stated it's a denial because it does not make any sense and he thinks everybody is in agreement. He asked if everybody is in agreement to have Mattick work with Staff to come up with a very tight-knit exception rule to the ordinance the City has,because the City has islands that have no roads or anything else to them. Barnhart suggested a table action and then let Staff come back with an ordinance that allows the direction the Council has provided and then the City Council can make a decision based on two options available. If it is denied and the Council does not end up approving an ordinance,the Council has taken away the ability for the property owner to have the access. If there are a couple of options, Staff can move forward before the City Council makes a final decision. Walsh stated that would be fine. He did not think the City Council would approve it either way because of the access. Crosby asked why the City Council couldn't deny. Walsh clarified Staff is saying leave the door open just in case something weird happens and the City Council gives them access and says, "That's where you're going to have access"even though they don't want it there. Walsh responded in the affirmative. Crosby said he did not see that happening. Barnhart stated from a Staff perspective the concern is that the City Council is putting all of the ability for this property owner to have access to her property through another property, and if they can't come to an agreement,they don't have options available to them. Walsh said it would be hard for them to come to an agreement until they know they have an ordinance that lets them come to an agreement and tabling it doesn't hurt anybody. Johnson asked if the Council is talking about amending the Code to allow anyone to do this. Walsh said it would be for two particular islands and it would be very, very specific. Johnson asked what the zoning district was. Page 23 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Curtis answered it was RS. Walsh noted the language could be very, very tight because there are very unique circumstances because the City has islands that have residents on them. Printup moved,Crosby seconded,to table LA19-000086—J.Marie Fieger,580 Big Island,Permit For Dock On Right-of-Way,with direction to Staff and Attorney Mattick as discussed.VOTE: Ayes 5,nays 0. 25. LA19-000096—DENALI CUSTOM HOMES O/B/O DREW HUELER, 1398 REST POINT ROAD,VARIANCES Staff presented a summary of packet information. Walsh stated he agreed with Johnson when he wanted to put it on the Consent Agenda, but he was trying to get information as to what he was consenting to earlier. He is glad the applicant came down to 20%. He asked what the hardcover numbers were regarding other houses built on Rest Point Lane and Rest Point Road compared to the 25%that it is supposed to be. Curtis asked what property Walsh was referring to. Walsh stated the one across the street is pretty new. Johnson said that property has a bigger yard. The properties that flank this property are pretty small. Curtis agreed that they are narrow lots. She said she did not have the information as far as the other properties are concerned. She thought the applicant's plan in general from a rebuild standpoint is similar to what Staff has seen on that size of a lot. Walsh asked if Staff thought the hardcover generally fit the characteristics of the other lots in the area. Curtis said she wouldn't make a statement that it is because she does not have the information. Johnson said that he would say it is because he has been down there and to him it made sense. Walsh commented that it's a very small lot and it's nice to clean up what's going on there. He appreciates the applicant being willing to take that on. Johnson said the applicant added a lakeside patio with a two-foot wide deck across the back of the house and the patio comes out six feet. Johnson said the lakeside patio space made sense to him and the applicant kept it behind the 75-foot line. Crosby asked what the total hardcover was. Curtis said it was 30.17%.The structure is 3,229 square feet; it went up 4 square feet. Johnson stated it went up 4 square feet, and that was making the deck. Page 24 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh stated the Council wants to make it livable,too. Johnson moved, Seals seconded,to approve LA19-000096—Denali Custom Homes o/b/o Drew Hueler, 1398 Rest Point Road,Variances.VOTE: Ayes 5, nays 0. 26. LA19-000063—CITY OF ORONO TEXT AMENDMENT RELATED TO SPECIAL EVENT PERMITTING Staff presented a summary of packet information. Walsh said there have been special events consisting of rock'n'roll bands and fireworks and even though they're blocks away, it was so big that you could hear them. There were also people doing shows at their house and bringing buses through the neighborhood,and it was upsetting the balance of the neighborhood. He asked how the ordinance would impact that scenario. Barnhart stated Staff did not propose changes in that respect. That issue was settled a couple years ago, and he did not want to reintroduce changes to that. Walsh said he was worried about that and did not want to reintroduce changes to that. Barnhart stated none of that was changed. He said he has heard from a number of people that have been impacted by fireworks, and Staff is not confident that notice has always gotten out.As a condition of the approval, it is required that notice be sent out to all property owners ten days in advance. He is proposing that Staff take care of the notice for the activities that go to the City Council so that Staff can be sure notice is getting out. Ultimately, the City Council can review the plan and provide some conditions. Walsh stated the information says there's no limit to how many special events someone can have and it seems a little bit like Pandora's box if somebody essentially said they were going to be an event center. Crosby said they're not in the commercial business. Seals asked whether someone doing that would make their house a commercial business because they're a profit center. Walsh stated the information says there's no limit on how many special events someone can have. Seals asked if that would put someone in a different category. Walsh asked if the City Council has that language now,that there's no limit to special events. Barnhart said there isn't, and that it was a central issue a couple of years ago. Crosby asked wouldn't it change the language to be described as more of a commercial-type property. Mattick suggested limiting the number of special events. Page 25 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh also suggested limiting the number of special events. He asked if there is a number that would be reasonable so that somebody can't have special events every Friday and Saturday night. He asked what is defined as a special event. Barnhart stated they spent time defining what a special event is and asked the City Council to look at it carefully. Johnson said the information defines what a private event is and what a special event is. A private event is a special event but a private event has its own definition. In large part, it distinguishes that ifs 20 or more on-street parking spaces at the same time. Walsh stated the City found out it is impossible to police that because no one knows whose cars they are. There was a concert event,and the police had no way to verify whose car was whose and whose car was going where. Johnson stated that was his thought exactly. He said the language states"open houses held as part of a home tour."He thinks they were addressing the Parade of Homes and things like that, but there's a lakeshore tour that goes on four times a year and all the brokerages do it in the same four-hour window on a certain date. They are not getting a permit from the City. Barnhart noted the City is issuing a number of special event permits for home tours throughout the year. Johnson said in that specific example it seems the City is overreaching and asked how to get it defined to protect abutting property owners from issues. Walsh said it is a difficult issue and the City Council spent a lot of time and has never come up with a silver bullet. For instance,the police said the 20 cars idea does not work. Johnson said if they park 20 cars on their lawn,they can sneak by the definition. Walsh agreed they can if they have a big enough yard, and there are a lot of big yards in Orono. Barnhart stated that was an excellent point and asked, if you park a vehicle on your property,what is the concern from a street traffic standpoint or blocking of visibility. Other issues may trigger the special event such as the amplified noise or the hours, but not the number of cars parked on your own property. Crosby asked what other Cities were doing. Barnhart said it is all over the board. Walsh noted the City spent a lot of time with the concert event trying to figure things out. Printup said as soon as you think you have it figured out, it bumps up against something else that causes problems. Walsh stated you do not want to tell somebody who wants ten girlfriends or buddies over for beers that they have a special event. Page 26 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Seals asked what a special event permit costs. Barnhart said possibly$50,although he did not want to be quoted on the amount. Seals stated that amount is super affordable. Johnson said it is tricky because an estate sale is one of the examples. Crosby suggested the Council review Staffs information and give input later. Walsh clarified that Barnhart wanted the Council to read it more and come back in January. Barnhart asked the Council to start the review process. He suggested there could be a workshop in January to review comments. A lot of time was spent on issues in February 2017, and he did not want to reintroduce issues that he thought had been settled but is focused on trying to clean up the process. MAYOR/COUNCIL REPORT Seals said the Christmas tree lighting took place and it was fun. They added lighting on the hill which kept people moving and outside. Lots of residents said it was amazing. She suggested the event continue and get a little bigger each year. Walsh commented when he went there, 15 people were sledding. The wintertime hours were not posted at the clubhouse. Seals noted there needs to be a sign outside that says when they are open. She is working with Staff to put something on Facebook to alert people that it is now open. Printup and Johnson had no comments. Crosby said the Christmas tree event was fun. Walsh sent heartfelt condolences to the helicopter crash victims from the National Guard which happened in Minnesota and said flags are at half-staff because of the crash and the anniversary of Pearl Harbor. Seals said she is starting to work on the Oktoberfest celebration. CITY ADMINISTRATOR REPORT 5. ADOPT 2020 FEE SCHEDULE ORDINANCE NO.235,THIRD SERIES Seals said she pulled Number 5 off the Consent Agenda because there were lots of items she did not recall the City Council talking about and they should be discussed because some were pretty drastic changes. Walsh asked if there were ones in particular that jumped out. Page 27 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Seals said for the New Development Land Use,there was a single-family residential 5-acre zone, and it used to be a maximum fee of$16,000 but there was a trunk fee of$3,200, and now it's $16,000. She needs to be able to explain that change. Rief said that if you take the number of acres times the$3,200 number,the number is$16,000. Seals asked for a run through of the items in yellow that the Council did not discuss, because if the City is increasing fees,the Council should be able to explain them. Barnhart said Staff added notes in yellow to most of the zoning applications to illustrate to the user they were going to be charged consultant fees,which include the City Engineer and the City Attorney. They would be charged an escrow and may also be billed consulting fees. He discussed the Preliminary Plat Extension Fee of$275 and 2nd And Subsequent Variance Fee of$50. Seals asked why the City is getting rid of the escrows on those but keeping the escrow on the other ones. Barnhart said there is no need to have an escrow for those applications. The escrow for Vacation: Easement Associated With A Subdivision is also being taken out. Zoning Permit Signs is $50. When the City did the sign Code a year earlier,they did not update the fee schedule, so that's what is happening. City Code requires a permit for the first time anyone puts a dock in on any lot. Johnson asked if it was the first time ever, or the first time for a new owner. Barnhart said it was the first time ever. Johnson asked that the item be removed. Barnhart said the reason why it is listed is because City Code requires it. It would need to be removed from the City Code. Johnson asked if anyone knew there was such a fee. Walsh and Seals said they never heard of it. Walsh agreed that it would be a good fee to get rid of. Johnson asked that it be earmarked. Barnhart said sometimes closers ask for verification of flood zone information, and since it takes time to complete a zoning confirmation letter,the City is recuperating some of the expense. Crosby asked if the tent canopy was for a boat house or if it is dock-related. Barnhart said it is not dock-related but if someone puts up a tent. Johnson asked if the zoning confirmation letter consisted of a citizen asking for proof of their zoning and then the City charges them $50. Page 28 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Barnhart said it is usually closers/title companies who are asking for verification. If a resident calls to ask about zoning of a property,the City answers the question and there is no charge. He said his rule of thumb is, if it takes more time to fill out the receipt, he does not charge a fee. Some retaining walls will trigger a City Council review, and they want to be upfront about that. Regarding Site Inspection Without Permit, Staff added the 8% interest for unpaid charges. Staff will go to the site and review and provide feedback. If it is not paid,there is no escrow to tie it to, so there is interest charged. Johnson asked if that was $45 a year. Barnhart said the fee is part of the septic process. Regarding the fire inspection, it's tied to the value to be consistent with the rest of the building permits. If it is mandated by the building code, it is based on the value of the improvement, and Staff is bringing that in compliance with the building code. When Staff tried to address stormwater trunk fees,they created an elaborate program that thought of a lot of opportunities/options. There's a lot of math built into the proposal. He referred to the information regarding the single-family residential five-acre zone and the changes made. Walsh asked if Staff was just getting rid of extra words. Barnhart confirmed his statement. Seals and Walsh discussed the equation and cost for one-half acre, 1-acre, and 2-acre parcels. Johnson asked if the City's expense on a 2-acre lot over a 5-acre lot is $8,000 more. Barnhart said that was the arithmetic done in 2015. The numbers are different based on the land uses and based on the zoning district. He is not proposing any changes to the actual number, he is just removing some words. He noted there are several categories of zoning districts. Seals asked if there were any stormwater and drainage trunk fees anymore for multi-family residential. Barnhart and Walsh said those were still on the document. Crosby said they are 8,490. Johnson asked if the City has a commercial marina license. Barnhart said it is in the Code,there is a fee, but it could be removed. Walsh suggested getting rid of it in addition to the one-time dock permit fee. Johnson said he thought the Council already got rid of it. Walsh clarified that the City Council agreed to not license them. Johnson clarified that he was talking about the multi-dock. He thought the City Council got rid of the multi-dock because the City Council was not doing anything for them. Barnhart said the City still issues those. Page 29 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh noted they are still issued in the spring. Johnson asked if there was a charge. Barnhart confirmed that the City charged. He said that was one of the things that was going to be removed and he would add it to the list. Walsh said he thinks it is good on the multiple-dock license so the City keeps track of how many are being put out. Crosby agreed it should be kept. Barnhart said it perhaps could be done with a permit. Johnson said that is what the City Council talked about, is doing a permit. Walsh agreed that it made sense. Johnson asked what the City was charging for. Walsh said it was keeping track of the permit. Johnson said that's why the permit made the most sense. Barnhart said the rental license fee was directed by the Council in the amount$100 for a 2-year term. Johnson asked where that came from. Rief said when the City adopted the rental license program,that was the fee. Walsh clarified that it is for residential. Rief said it is a residential rental license. Johnson said he did not know when the City Council talked about the two years because it is one year now. Barnhart and Rief said it's two years. Johnson asked if it's always been $100 for two years. Rief confirmed that it has. Barnhart said it is the end of the first two-year term. Olson said there are connection fees for connecting to existing sewer lines. Occasionally there is a sewer project and someone will elect not to be in the sewer project and a few years later their septic system will Page 30 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. fail and they will ask to be included. Since there are assessments and they're set at interest rates ranging from 4-5 to 8%,the City increases the connection fee with the associated projects by the amount of the interest on the special assessments each year. After the special assessments are paid off,there is a flat amount for connection to an existing sewer system. The assessments get paid off and maybe it's 20-30 years since the sewer project went and adjustments are made. There were many sewer line connections that Staff was adjusting each year, some of the fees were getting into $30,000-40,000 and the premise that someone opted out of a project and opted back in a few years later to avoid some costs does not hold true anymore, so Edwards and he figured out what might be reasonable. He said this is not a change, it's been done this way for a number of years. He noted Staff spent a lot of time talking about utility service charges at a work session and asked if he needed to go into them in detail. Johnson, Walsh, and Seals stated he did not. Johnson moved,Printup seconded,to Adopt The 2020 Fee Schedule.VOTE: Ayes 5, nays 0. 6. COST OF LIVING ADJUSTMENTS FOR NON-UNION EMPLOYEES RESOLUTION NO. 7053 Olson said the fee schedule is set up with steps and grades, everyone is in an assigned grade when they start, and each year the scale is adjusted based on a cost-of-living increase. The scale moves up; no one moves from step to step. It is similar to the cost-of-living increase negotiated in union contracts. Seals said she pulled the item because the employees are not union employees so the City has the ability to do something greater and she feels that is owed to them. She said Printup and herself have been pushing for a performance review system. Theoretically, she would love Rief to say, "Here are my people. Adam knocked it out of the ballpark. I want to give Adam a 5 or 6%raise." She said Staff is selling themselves short by this methodology. She would have no problem telling a resident the City Council gave some of the staff higher raises because they're amazing. She is not okay approving it because she wants Staff to come to a plan and let other Staff see what it looks like when they realize Orono is a performance-driven city. She recommended tabling the item and having Rief come back with a proposal that is performance-driven. Retroactive raises can be given. If the Council says yes to the proposal, it is kicking the can down the road for another year. Johnson said he's been on the Council for a year and one of the first meetings included conversations about not having employee reviews done and the system Staff agreed to pay for, and a year later he has not seen any commitment to having that data. He agreed with Seals that performance should be rewarded. The City is failing by not having formal reviews. He is not in favor of doing a broad-stroke increase, which is not an indication of any specific person's performance but the group as a whole. Seals said the City Council can't speak about anyone's specific performance because there are no reviews. She noted there is even a review system at a small non-profit soccer club she is involved in. She suggested tabling it and asked Rief to come back with something. Crosby said he is in favor of the reviews but asked if union employees would have an issue. He likes the idea of incentive-based pay and it makes sense to him. Mattick said typical compensation for local units of government are,when you are hired you fall within a grid and two things happen: Usually on an annual basis you are reviewed. If your review goes well,you Page 31 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. move up in that grid by a slot and then at the 1st of the year you get what's referred to as a COLA(Cost of Living Adjustment). With COLA, if you make $50,000 in 2019,the goal is to make the equivalent in 2020. The cost of living can be argued, whether it should be 2 or 3%, but COLA is not performance- based, it's based on keeping an employee the same. He felt what was proposed is a COLA,not a performance-based raise. He indicated there can be reviews in terms of performance-based or where people fall on grids. Sometimes people get to the top of grids and then all they have is their COLAs and it can go to a performance-based. In the private sector, a department gets a certain pool of money and how it is distributed varies: high performers, low performers, met expectations. It isn't typically seen at the local government. Johnson noted you don't see local governments that are going to be debt-free, either. Walsh asked what the drawback would be that might impact unions. Mattick said unions look for internal consistency, so the minute you ink one,when it is up for a Collective Bargaining Agreement,they will see the percentage given and they're going to look for internal consistency. If you find yourself in a situation where you're arbitrating, one of the things arbitrators look for is internal consistency. They go beyond your negotiated unit. They will look at what was done with other folks. If Adam gets 7%,the 49ers underneath him could think that looks like the new norm. That is the climate you find yourself in sometimes. Council members discussed a payment situation from ten years earlier. Crosby suggested building in the automatic COLA of 3%,but also building in the possibility for a bonus based on a performance review. Johnson asked how it got to 3%. Rief said the Police and the Police Sergeants receive 3%. Crosby stated legitimately that is an inflation figure. Rief said he received 20-25 emails in the past week about cities around the state, and if he took the average, it would be a 2.85 -2.9% increase. Walsh said he would love to be the capitalist guy because he does that in his office, but in government there are different issues and you are more constrained and you have to look at the unintended consequences of actions. The City Council needs to follow through with what they have, although Staff still need to get reviews. Rief said they are beginning the process right now. Mattick said the thing to keep in mind is,whether you're giving COLAs or raises, annual performance reviews are critically important to an organization. One does not need to be contingent on the other,but performance reviews have to happen. When he does training on those types of personnel issues, annual performance reviews are mandatory. Whether they are hooked to the COLA is up to the Council. Page 32 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. Walsh said he did not think they should be hooked because then you're setting yourself up. It is something that has to get done, and it is on Riefs shoulders to get it done. Crosby said he did not think it would be bad to draft some type of bonus structure for the performance pay reviews on top of the COLA. Walsh stated he would not put anything in writing because if you do that,you get into negotiation problems with unions and they start saying, "Well,this is a built-in gift amount." Printup added that even though they are separate,they are not separate. The unions will be keeping an eye on everything. Rief said the unions would make sure the money is paid out to them no matter what. Mattick said when you negotiate union contracts,there is a provision in the statutes that talks about the ability to negotiate backward for the term of the contract because communities were finding themselves not settling contracts until they were six months into the new term. The law allows you to go back to January 1. There is no such law for non-represented units, so there's a concern about can you legally go back and retro someone who isn't part of a Collective Bargaining Agreement. He indicated if the Council tables this, he would be cautious to make any sort of motion clear that the 3% is coming upon a successful performance evaluation or whatever the Council chooses to do. It should not be deemed retro pay. Walsh said the issue stands alone and the HR thing is separate and has to continue moving forward. Seals said it feels like it is being brought in at the 11th hour so the Council has no choice because it's the last meeting of the year. Walsh said he did not feel it was the 11th hour because the Council has been talking about the unions and dealing with the unions for months and the Council has talked about that it's going to be pretty much the standard par with the non-union employees. Seals agreed with Walsh's statement and added that it is not the 11th hour when it comes to performance reviews because the Council has been asking for that for two-plus years. Crosby stated performance reviews should not be tied to this. Seal moved,Crosby seconded,to approve Resolution No. 7053,Cost Of Living Adjustments For Non-Union Employees and also give Staff direction to give performance reviews in the first month of January.VOTE: Ayes 5,nays 0. CITY ATTORNEY REPORT None. Page 33 of 34 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. ADJOURNMENT Crosby moved,Printup seconded,to adjourn the Orono City Council meeting at 9:41 p.m.VOTE: Ayes 5,Nays 0. ATTEST: 0,40 Anna Carlson,City Clerk Dennis Walsh, Mayor Page 34 of 34