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HomeMy WebLinkAbout01-13-2020 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 13,2020 6:00 o'clock p.m. Crosby added that the Highway 12 area has been horrible for a long time.He told the young people in the audience to stay off of Highway 12, drive carefully, and drive sober. He mentioned NDSU won its eighth national title. The Vikings blew it,but he is still a loyal fan. Walsh wished everyone a Happy New Year and a Happy New Decade. The Council had a great 2019. He thanked Staff for their work. CITY ADMINISTRATOR REPORT 19. REQUEST FOR PERMISSION TO COMPREHENSIVELY REVIEW CITY OF ORONO PERSONNEL POLICY FOR UPDATES Rief said the current employee handbook was adopted in February 2009. When it was completed it was not sectioned nor done as well as he'd like.He would like to look at changes in the employee policies that might need to be made from a legal standpoint and also look at the union contracts,make sure there's nothing that conflicts,and put the handbook in a better format and more readable for the employees.After the revision,when the City adopts something,he will not have to re-adopt the whole book. Instead,he can just refer to the policy number and revise it. Walsh asked if Rief would be reviewing it with Mattick or by himself. Rief stated it would be reviewed by the leadership team and Mattick. It would be broken down into sections, and if there are any changes in a section,those would be brought forward. Currently there are barely page numbers in it;there are different sections,but they are not labeled. For instance,he cannot refer to a specific Code;he has to say, "page 35, line number 14," making it difficult to provide information to an employee if they are talking on the phone. The new document would have sections such as "Benefits"or"How to Deal With a Grievance." Johnson said it is difficult to know from Rief's request the scope of the project. He feels part of his job is to align the Council and the Mayor's priorities and Staff It's hard to know from his vantage point what the City's priorities are and which ones the resources are getting put to. This is an example of something that needs to be done,but he knows there are other priorities such as employee reviews. He asked if this request would push that priority back. Rief stated it would not. As far as performance reviews,the new system is in place, everybody is conducting the employee reviews with that system, and he will be able to provide the City Council with a report the first part of February. Outside of completing the first set of reviews,that project is pretty much complete. Seals noted she agrees the request probably needs to be done but it is not like the wheels are falling off the bus. Until she can get an update on the performance reviews,she does not want to distract Rief because she thinks part of the Council's job is to help keep Rief focused. Walsh, Seals, and Crosby suggested approving the request with the caveat that it take place after the performance reviews are done. Johnson indicated that is what he was bringing up. Page 6 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 13,2020 6:00 o'clock p.m. Barnhart asked if the Council wanted him to make the changes discussed. Council members directed Staff to make changes regarding the storage and length of time. It will then be reviewed with Printup and a vote taken on the direction the City Council will go and then the matter moved forward. Walsh noted the City Council wants to have the Code changed but has to figure out in what form. Johnson suggested Mattick be present,stating he got much of his direction from Mattick because he was not at the meeting in question. The City Council tabled consideration of LA19-000097, City of Orono Text Amendment related to dock licensing. PUBLIC HEARING 18. LA19-000104—CITY OF ORONO TEXT AMENDMENT—LAKE ACCESS EASEMENTS IN THE RS ZONING DISTRICT,ORDINANCE 236,THIRD SERIES Staff presented a summary of packet information. Mayor Walsh opened the public hearing at 6:21 p.m. Ms.J. Marie Fieger, 580/590 Big Island, stated she is present to answer any questions. She appreciates the work Staff, City Council,and the attorneys have done. Walsh said the City Council is here to solve all the weird exceptions in the City so it works for everybody and Ms. Fieger just happens to have one of them. Mayor Walsh closed the public hearing at 6:22 p.m. The City Council had no questions for staff. Seals moved,Crosby seconded,to approve Ordinance No. 236,Third Series—Lake Access Easements In The RS Zoning District. VOTE: Ayes 4,nays 0. MAYOR/COUNCIL REPORT Seals stated the Polar Plunge is coming up. She was in New York City and visited the 9/11 Memorial and it is very well done;words cannot describe the experience. Johnson said he saw photos from the accident on Highway 12 and thinks the Highway 12 project was horribly done. The project will not be completed into Maple Plain until 2021 and is one of the most dangerous stretches of highways in Minnesota. He was hopeful the event would help push the project along. Page 5 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 13,2020 6:00 o'clock p.m. Seals and Walsh stated ten years was a good number. Seals indicated her recall of the work session was that Staff would come back with some options for what it would look like and didn't remember the City Council making a decision to treat each one individually. Crosby stated he did not think the City would need to make a joint dock because then everyone has to be counted upon to take care of it and work together as a group. Rather, each dock should be kept with the property. Walsh said the City does not want to be in the dock business. Seals stated the City is in the dock business;the City is giving people permits for visitors. Walsh asked, if there are joint docks,who is responsible for the docks as far as putting them in/taking them out. Seals stated the property owners would figure it out. Walsh stated Printup was also very clear that the City does not want to be in the dock business. Crosby said he is not on board with that idea. Johnson asked why he was not on board. Crosby stated it would create more hassles and that the City is going to be pulled into them. He would rather have each individual home across take care of their own dock. Walsh said some people might have bigger boats while others might have smaller boats. Crosby stated he is in agreement with no storage on"City land"during the wintertime and to extend the time frame. He referenced his local channel where there are shared walls and said they cannot get five people to agree on anything when it comes to repairing things and costs associated with it and then nothing gets done. If each individual is responsible for their area,they will take care of it. Seals said she is not convinced that would be the right way to handle it. Johnson stated it is City-owned property and other people have a deeded right to this land. By grouping the docks, it makes more land accessible to the people that are already entitled to it. If individual docks are put there,that's when the renting of dock slips occurs,et cetera,and the City would be more in the dock business than having a single,multiple-dock license with a very specific dock plan that has to go in precisely every year. The two people in the middle have a dock and are long-standing owners,but the other two don't currently have dock rights or a dock. It's City land that's going to be further intensified by this,and grouping them together confines the scope of what the City is allowing to a single spot. Walsh said he thought it was very clear that the direction in front of the Council was the direction the Council wanted to go. He suggested tabling the matter until Printup was present so it could be voted upon with five members present. Page 4 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 13,2020 6:00 o'clock p.m. ownership of the property and off the public land in the winter. The agreement gives them the right to have a dock on the water but is not for anything in the winter. Seals and Crosby agreed with Walsh's comment. Crosby asked if the time frame could be tied in with the ownership of each individual's property. Barnhart stated there is a nontransferable clause included and so if someone new would buy the property, they would get a new license. Walsh said,as long as it was in compliance,he would like to give a new owner the first option to have that,not have it at the discretion of the Council,because if someone is selling the property, it is being sold based on the fact they have a dock. Seals and Crosby agreed with Walsh's statement. Walsh indicated he doesn't want someone to buy the property and then not have a dock. Johnson equated the situation with selling a lot in Orono that requires Variances,stating it is very difficult to sell a vacant lot in Orono that requires Variances because the City won't tell you what you can do without a plan. Walsh, Seals,and Crosby agreed with Johnson's statement. Johnson suggested the agreement would be in perpetuity assuming there is compliance. He referenced the meeting where it was discussed that this would be a joint dock, a singular dock,for all four homeowners. He noted there is language about extra boats and possible licenses if someone comes for 48 hours,for example. He stated he envisions four designated slips to each of the properties,a registered boat per property owner,and the City is approving a dock plan. Walsh said that idea was dealt with at the work session and the Council decided to do it individually. Crosby indicated he would prefer to do it individually. Walsh stated,from a direction standpoint,that's how the Council decided to handle it. Based on the document in front of the City Council,"perpetuity"is just a word and dates would need to be picked such as ten years at a time, and the owner would have the right to renew and/or a new homeowner would have the same right as long as they were in compliance. The agreement could be cancelled if the homeowner is out of compliance;but if the homeowner gets back in compliance,they should have the ability to get it again. Barnhart noted the document indicates a Dock Administrator can do the inspection and give the homeowner a chance to cure noncompliance issues. Looking at Mound and Big Lake and others,the issue is people rent the spaces out,which is why there was language about visitors included. Walsh said that language was specific and done well. He also felt the storage issue was addressed. The term of three years is too short, it should be longer,and the owner should have the automatic right to renew. Page 3 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 13,2020 6:00 o'clock p.m. 20. CENTERPOINT ENERGY FRANCHISE ORDINANCE NO.237 and SUMMARY ORDINANCE NO.238 Crosby moved,Johnson seconded,to approve the Consent Agenda as revised,with Item No.20 being added to the Consent Agenda.VOTE: Ayes 4,Nays 0. PUBLIC COMMENTS Mr.Dave Martini,Bolton&Menk,wished everyone a Happy New Year and thanked the City Council for the opportunity to work with them. He stated if there was anything anyone needed from him,they could reach out to him directly or Staff. The Council members thanked Martini and Bolton&Menk for their hard work for the City. PLANNING DEPARTMENT REPORT 17. LA19-000097—CITY OF ORONO TEXT AMENDMENT—DOCK LICENSING Staff presented a summary of packet information,noting the Memo referenced a City Council discussion on August 26 but the date should be October 14. Johnson said his recollection from the work session meeting was the City was going to draft a Lease, what is being presented is an Ordinance for a single location,and he is wondering why the City went with an Ordinance versus drafting a Lease Agreement. Barnhart stated the Ordinance allows the Council to get into a Lease Agreement with the Licensee. It is the first step of a two-step process. Next,the City Attorney will draft a boilerplate Lease document that the Licensee will sign with the City. Walsh said he thought originally the City wanted to give the residents the rights and perpetuity to have this dock versus three-year agreements,meaning every three years they could potentially lose their dock rights. Barnhart responded that the residents could;however,they are the only ones eligible for it. The only way they would lose dock rights is if they would not abide by the regulations the City imposes. The length of time can be changed,but three years is a starting point. By narrowly tailoring the document, it gives the City control;but as long as the residents follow the rules,they can have access to it. Walsh suggested having a longer period of time set up but allowing the City to have the ability to cancel the Lease if the rules are not followed. The length of time could be 10,20,30 years so the residents know it is there for a long period.Also,they would have the first right to renew it as long as they are in compliance so there's not potentially an arbitrary Council that takes it away for some reason. Crosby indicated the City Council does not have to list a time frame. Walsh and Seals said in order to have a valid contract,there has to be a start and an end time. Walsh said,regarding the storage component, because it is public property and people might be going on and off the property with snowmobiles,the residents need to pull their belongings back onto their fee Page 2 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 13,2020 6:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dermis Walsh, City Council Members Richard Crosby, II, Matt Johnson,and Victoria Seals.The following members were absent:Aaron Printup. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, and Development Director Jeremy Barnhart. Mayor Walsh called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF DECEMBER 9,2019 2. CLAIMS/BILLS 3. APPROVAL OF RENTAL LICENSES 4. APPROVAL OF 2020 MASSAGE LICENSE RENEWAL 5. APPOINTMENT OF 2020 TEMPORARY SCAN CLERKS 6. APPOINTMENT OF ABSENTEE BALLOT BOARD FOR THE 2020 PRESIDENTIAL NOMINATION PRIMARY ELECTION—RESOLUTION NO.7063 7. APPOINTMENT OF 2020 ELECTION JUDGES—RESOLUTION NO. 7064 8. APPROVAL OF LAWFUL GAMBLING ACTIVITY LICENSE FOR ORONO PTO— RESOLUTION NO.7065 9. APPROVAL OF 2020 SANITARY SEWER REHABILITATION ENGINEERING 10. ACCEPT DONATION—LYDIARD BEACH BENCH 11. SOUTHWAYS DEVELOPMENT—FORMAL ACCEPTANCE PUBLIC SANITARY SEWER—RESOLUTION NO. 7066 12. PARKS DEPARTMENT AERATOR REPLACEMENT PURCHASE 13. APPOINTMENT OF SEASONAL EMPLOYEES 14. REPLACEMENT OF RIGHT OF WAY MOWER TRACTOR#450 15. APPROVAL OF FUEL CUBE PAINTING 16. WAYZATA BLVD(CSAH 112)PHASE II LANDSCAPING APPROVAL Page 1 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 13,2020 6:00 o'clock p.m. Johnson asked if the motion could include seeing a document showing what projects the City is working on and where they're prioritized. Rief said he is planning on presenting something at the next Council meeting. Johnson retracted his request. Seals moved,Crosby seconded,to approve the Request for Permission to Comprehensively Review City of Orono Personnel Policy for Updates with the caveat that it is started after performance evaluations are presented to the Council. VOTE: 4 ayes,0 nays. Rief wished everyone a Happy New Year. He welcomed Council members to the new version of Council Chambers and discussed with them the new equipment and seating arrangements.He said the new third camera will show the people in the audience and the podium. According to state law, if video content is shown,the face of the person speaking must be shown,which Orono was not doing. Rief noted the City is getting close to putting out the road and park projects for bids and the City should see some of those in mid to late February. The East Long Lake bids will be presented mid-April. Walsh asked if the City Council would see the final budget numbers for 2019 at the next meeting. Olson said it would probably be the first meeting in February. Rief stated he provided the City Council with a read-ahead packet regarding items that will be discussed in the upcoming work session. CITY ATTORNEY REPORT None. ADJOURNMENT Crosby moved,Seals seconded,to adjourn the Orono City Council meeting at 6:36 p.m. VOTE: Ayes 4,Nays 0. Dennis Walsh,Mayor ATTEST: nna Carlson, City Clerk Page 7 of 7