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HomeMy WebLinkAbout02-24-2020 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 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 Dennis Walsh, City Council Members Richard Crosby, II,and Matt Johnson. The following members were absent:Aaron Printup and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Accountant Maggie Ung, Development Director Jeremy Barnhart,City Planner Laura Oaken,Public Works Director/City Engineer Adam Edwards,and City Attorney Soren Mattick. 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 FEBRUARY 10,2020 2.COUNCIL WORK SESSION MINUTES OF FEBRUARY 10,2020 3.CLAIMS/BILLS 4.DISPOSAL OF FIREARMS 5.APPOINTMENT OF SEASONAL EMPLOYEES 12.APPOINTMENT OF PARK COMMISSIONERS—RESOLUTION NO. 7075 Crosby moved,Johnson seconded,to approve the Consent Agenda as revised,with Item No.12 being added to the Consent Agenda.VOTE:Ayes 3,Nays 0. PUBLIC COMMENTS Mr.Rich Anderson,representing North Shore Marina, said they sponsored several years ago and he is very excited to be involved in the process.They committed to four years and he sees no reason to not keep doing so. He presented a$2,500 check to Mr.Rief. Crosby moved,Johnson seconded,to accept the gift of$2,500 from North Shore Marina.VOTE: Ayes 3,Nays 0. Crosby thanked Mr.Anderson for his and North Shore Marina's generosity, adding that he is a great partner to the community and the Council appreciates it. Mr.Anderson said when Walsh was running for office he talked about public/private partnerships and it stuck with him. Early on they donated the land for the sewer backup generator and other things. He has made a living in the community and it's a pleasure to be able to give it back. Page 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Walsh noted that Mr.Anderson is an outstanding supporter of the community. He presented Mr. Anderson with a picture of him taking the oath as an LMCD representative.The City Council posed for a picture with Mr.Anderson. PRESENTATION 6.CITY PROSECUTOR ANNUAL UPDATE—STEVE TALLEN Mr. Steve Tallen reported that nothing too unusual has taken place since his last report.His fees were $32,592. The total revenue brought in from fines and bail forfeitures was$73,492.65. They are not in the business of making money but are trying to administer things fairly. Sometimes fair means they pay a fine; sometimes it means they do not. Overall, he hoped the numbers were satisfactory to the Council. Mr.Tallen indicated he recently got a couple of new code enforcement items with one more pending. Most people follow the rules. When they don't, they get a letter/letters from City Staff,and they tend to comply. If they don't, he gets involved and creates a criminal complaint. He noted there are quality of life things that are important to the City. Sometimes when people don't like it, they call the newspaper and there's an article in the newspaper.He said there are good lines of communication between the police department and his office. There are cases like drunk-driving, theft, domestic assault, and traffic law but no big cases.He prosecutes cases which can be punished up to a year in jail. Walsh noted the City is very particular about having a very even-handed process when dealing with people before it gets to Tallen. He asked whether Tallen had any insight as to how that has changed over the last three years with respect to the Ordinance violations. Mr.Tallen indicated he does not know what happened before he was there.His position is the City Staff should do what they think they need to do to be fair and not make unreasonable demands of one person while letting someone else in a similar situation off the hook, which has been the case since he started. City Staff should try to resolve the problem. If they can't resolve the problem, then it gets sent to him. Walsh said he is glad to hear Tallen thinks it's been even-handed because the City Council has made a very conscious effort to make sure it is that way for everyone and people have to comply. Mr.Tallen indicated his goal is to get compliance. He is not going to get a judge to put someone in jail for 30 days because they didn't pull their garbage cans back from the street.However,he might get a judge to fine them. When citizens realize it is a serious matter,most people will say, "Okay." He tries to get some nominal fees from them so there's a consequence for ignoring previous attempts. Crosby said Tallen has the benefit of working with other cities and knowing what processes work more effectively. Mr.Tallen stated each city has a slightly different approach.His goal is to try to convince people to comply. If not, everyone has a right to a trial. 7.LONG LAKE FIRE DEPARTMENT UPDATE—JAMES VAN EYLL Chief James Van Eyll echoed Crosby's sentiments regarding Mr.Anderson/North Shore Marina's generosity. He thanked Mr. Anderson for giving the fire department$500 at the end of December. Page 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24,2020 6:00 o'clock p.m. Chief Van Eyll said the Mission Statement,Vision Statement,and Value Statement have not changed in the past couple of years.There are roughly 40 firefighters; all of them are either EMT or EMR,Firefighter I or II. Eight years is the average years of service;the most senior firefighter, Kelly Shaughnessy has 43'/2 years of service and has been a great asset and mentor to younger members. Dwayne Gluh retired in 2019 with 33 years of service.There are five new probationary members: Hue Alexander,Matt Kulseth, and Richard Loosbrock from Station 1; Kennedy Wright and Clifford 'Rusty" Mayes from Station 2. Chief Van Eyll stated Station 1 and 2 facilities and equipment have not changed much.Minnetonka Beach was added in 2019, and they accounted for 38 total incidents with nothing major except for one gas leak. Orono had 280 calls, down approximately 40-50 from previous years,which he felt was a result of Xcel doing a lot of tree work so there weren't many power line issues when wind storms occurred.The emergency call breakdown has remained fairly consistent over the last several years.There has been a reduction in good intent calls and false alarm and false calls, some of which he attributes to the duty officer program: When there is a false alarm or fire alarm, a duty officer is sent to a commercial or residential building even when cancelled to provide education about proper placement of detectors. Johnson asked what falls under the good intent category. Chief Van Eyll said that is mainly cancelled en route calls, including cancelled fire alarms and medicals they are paged to but the police get there and say the fire department is not needed. Sometimes there is no incident but someone reports a gas odor or smoke and there's nothing in the area when they get there. Chief Van Eyll discussed mutual aid calls statistics: The fire department gave auto aid twice,received auto aid four times, which is when Long Lake Police Department is paged at the same time. They went on 12 mutual aid calls and received mutual aid for eight calls. For the first unit average on-scene time, meaning the first unit that arrives on the scene,Long Lake averaged 7:20 and Orono averaged 8:54, which is a little higher than the previous year.For a lot of the residential false alarm calls they are not going lights and sirens, because 99.9 percent of those are basically burnt food. Johnson asked whether the response times were good compared to surrounding cities. Chief Van Eyll said he has not checked but can do so,but believes they stack up fairly well. The area is a little larger than cities lice Wayzata as opposed to Loretto and Maple Plain, who have more rural areas. Walsh asked if there were any national averages that it could be compared to. Chief Van Eyll stated there are national averages they can look at.The National Fire Protection Agency talks about putting a certain number of personnel on-scene in a certain amount of time, not necessarily that your first unit is there within seven minutes. For example, 18 people on-scene within 12 minutes. Johnson asked if the numbers presented are within the set goals. Chief Van Eyll said their goal is to get the first rig, an engine or medical truck, out the door and heading to the scene before six minutes. The last three years they have been averaging about 6:04-6:05. This will lead to faster response times and gets more people on-scene to take care of a larger incident. Crosby asked about the time involved when someone responds to a page and goes directly to the station. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Chief Van Eyll said it's dependent on what time it is and what they are doing. He noted that firefighters do not have authority to do 45 in a 30, coast through stop signs, et cetera.People in the fire department have been pulled over and given a ticket if needed because other lives are being put in jeopardy. Johnson noted there's a 50 percent chance it is a false alarm. Chief Van Eyll said that was true. Crosby commented that it adds to the response time numbers. Chief Van Eyll agreed with Crosby. He noted in the Station 2 area there are members who live a couple blocks away from the station but others live farther away.In the Long Lake area people live a little bit closer,but they have people that live on the western edge of Orono and the eastern side of Long Lake so it takes some time to travel to the station. They like to have four in a rig and call it "four and out the door." Crosby agreed that the most important number is once you have a unit in service that has a crew. Chief Van Eyll added that from a medical standpoint, it does take somebody responding right to the scene.He referred to an overdose incident where one of the firefighters drove by the scene and the police department was already there,so he turned around and assisted.However,if the call location is not on the way to the station, they are asked to get to the station and truck so the truck can be put in service. Chief Van Eyll said there is an average of 11.2 responders per call. During the weekdays,they average 10 responders.47 percent of the calls occur during the six a.m.to six p.m.time period, which is down a little bit. Orono had 3,730 calls, which is down from last year.The total calls were 5,815 compared to the previous year of 5,900. Chief Van Eyll discussed the training goals for 2020, including: giving more power back to companies to do training with their fellow firefighters; making the pump operator curriculum easier to get more drivers; having not-on-call training tasks;having short trainings while people are at the station; doing more live fire trainings; and doing more mutual aid/Orono PD training. Overall goals include: streamlining the on- boarding process;using technology more; doing a road map for new recruits for the first five years for expectations; increasing Station 2 membership by 20 percent;and purging/updating old equipment. Chief Van Eyll reviewed last year's goals: The north ride-along did not happen;that is now part of the 2020 goaL They did some mutual aid partner training and would like to continue that, and also do more training with the Orono and Wayzata PD.They did a lot of"Get to know your firefighter and their families" so they had family training with fun activities once a quarter.They implemented a recruitment committee which helped increase the number of new recruits.They want to improve service times. He thanked the Council for their help with the new uniforms. Also, the quality-of-service measuring and understanding was taken up by a firefighter at Station 1. He identified the top responders at Station 1: Tom Aldrich, Blair Mileski, Zach Berbig, Pat Cotton, Ryan Gonsior; at Station 2: Scott Spinks, Shane Gardner,Derek Lee,Jeff Krahl, Ted Woychick. Top training attendants at Station 1: Blair Mileski, John Paszkiewicz, Ryan Hoster,Cody Farley, Matt Smiley; at Station 2: Ted Woychick, Shane Gardner, Shawn Revicks, Scott Spinks, Jeff KrahL 2019 milestones include Tom Aldrich at 30 years;Paul Bullemer, John Hall, Jeff Krahl,and Ted Woychick at 15 years;Zach Berbig at 5 years. Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Chief Van Eyll said calls by day of the week were broken down. There is no rhyme or reason but is generally related to wind storms or ice storms. May,June,July, and August are the busier months. The fire department participated in numerous team activities such as the Fire Department Boot Hockey Tournament, Fight For Air Climb-American Lung Association, Chili Cook-Off, Twin Cities Race for the Cars,Long Lake Rowing Crew LLPD versus OPD,OPD versus LLFD Softball, and Bell Ringing for the Salvation Army. There are several"Save the dates"for 2020, including a pancake breakfast on April 26, the 5K on July 25, an open house on October 5,and the toy and food drive on December 5. Walsh asked when Minnetonka Beach was brought in, and if there was any fluctuation in numbers. Chief Van Eyll said it was 2019 and the numbers were pretty much what was expected,with approximately 40 calls from Minnetonka Beach.However,they did not see their numbers fluctuate, which was due to reductions in Orono and a slight increase in Long Lake. Walsh noted there were not a lot of power outages the past summer. Chief Van Eyll stated there was a lot of tree-trimming done and he did not feel the wind storms were as powerful as they have been in the past.There were 38 calls from Minnetonka Beach,and he feels so far it's been a success and looks forward to another year with them. He will get back to the Council regarding national averages in addition to the surrounding area's averages. Crosby and Chief Van Eyll discussed getting national average numbers on first unit in service and first active unit on-scene as opposed to a duty officer. Crosby thanked the fire department for their work. PUBLIC WORKS/CITY ENGINEER REPORT 8.BIG ISLAND PARK ADA TRAIL PROJECT(19-033)PRE-BID DESIGN REVIEW Edwards said the purpose of the action is three-fold: One,to provide an update on the design for the project; two, to clean up some administration with the grant of restrictive covenant which is required by the grant from the DNR;three,to discuss where they are in funding. Edwards presented the Big Island design review and pointed out trails they intend to upgrade to an ADA standard.For the most part,trails are being upgraded except the trail that will be built from the docks up to just past the visitor center.There are some challenges with the grade in meeting the ADA standards. Johnson asked if that location was where it makes a left turn instead of going off to the right. Edwards stated he was correct,that you would come off the docks and go immediately left, which is the least grade and a little bit of winding back and forth to avoid trees.They believe those trails are camp roads from when it was a veterans' camp so there is a decent base,and they will be improved. He indicated the location for a vault toilet system by the visitor center and the location for a sheltered pavilion, rock bench area,and pavilion area with picnic tables.They have templated a second vault toilet, but that location is less preferred because it would be more challenging to maintain. He discussed trail nodes details and the plan to restrict vehicular access into and out of wooded areas to keep down motor vehicles on the island, especially in the winter. They would use a mix of large rocks with removable Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. bollards in the trail area,removing the bollards for the summer season and putting them in for the winter season.The restroom would be a one-seat vault toilet and would be ADA compliant. The shade structure being installed is a very simple design, using concrete or steel to make them as vandalism-proof as possible. There would be a mix of regular and ADA picnic tables,again installing something that is fairly indestructible/vandal-proof and using squared-off boulders for the seating. Edwards explained the cost estimates for work that needs to go out on bid, the work that can be done by City forces,and the administration and engineering costs.The total project currently is $526,000. The item estimates are conservative;a ten percent contingency was added to cover that.Once they get bids in, they will have a better idea of costs.He noted the costs are higher than previous estimates and funding goals. He indicated there was$80,000 allocated from the park dedication funds, which is the City's contribution to the project. They are looking for$120,000 from the Big Island Legacy Foundation and $200,000 from the DNR grant, which is a matching grant from the 120 and the 80, to come up with $400,000. The consulting firm Bolton &Menk has donated $10,000 towards the project, which will come out of project oversight costs. Walsh asked if the$10,000 amount could go towards the match. Edwards indicated it could, but only ten percent of the overall cost can be in the form of engineering and administrative costs.With$400,000, they can have$40,000 worth of administrative costs be associated in either the match or the grant dollars. They have$78,000 of administrative and design costs. Edwards said he is proposing to go out for bids in the next few weeks and bid the project with alternates, meaning everything will be bid on but bid separately.That allows the City to go through the bids and accept the base bid but say they don't have the funding available for the alternates or maybe only one or two of the alternates.The base bid would be all the things associated with the trails and signs. Alternate A would be for the vault toilet, and alternate B would be for the picnic structure and associated tables.That would allow for options at award time based on funding. Walsh and Crosby indicated that made sense to them. Edwards said he would hle to get an award approved at the end of March/beginning of April. Johnson asked if there were two vault toilets in the plan. Edwards said when they did the master plan, they identified locations for two potential toilets. As the design became more defined, they made a decision to put only one in the bid based on costs. Johnson commented the vault toilet next to the lake welcomes it to be kind of a public restroom versus one up in the lookout area,because if you're using the facility there,it's because you're using the trail. Johnson referenced the gates that would be used to keep snowmobiles off the trail and asked if it would still be accessible to people that want to hike or ride their bike. Walsh indicated the gates are predominantly to restrict vehicles and snowmobiles. Edwards said that is why they want the bollards to be removable, to make it more welcoming in the summertime. The bollards would be spaced 36 inches apart,which is plenty of width to walk and cross- Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24,2020 6:00 o'clock p.m. country ski through but narrow enough that it would deter a snowmobile and four-wheel drive vehicle, which is what tends to cause the most damage to the island in the wintertime. Johnson asked if everything the City puts in on the island is subject to the perpetuity in the contract.For example, if a park bench is put there,how long is it required to be there and maintained. Edwards said the main restriction that the DNR requires on the deed is that the property remains a public park in perpetuity. It does not name specific items or structures.The intent is the City continues to maintain the island and park, but it may change over the years.The DNR can inspect things and make sure everyone is living up to their part of the agreement. Johnson stated the City is giving up some rights by entering into the agreement and he is wondering if dumbing down what the City does,as far as the grant goes,might make sense.For example, if the City just takes money for trails, is that the only thing they are bound to maintain until the DNR says otherwise. Mattick indicated the agreements say"shall be managed and maintained for public outdoor recreation use."If funds are used for a park bench, it does not mean the City is agreeing to have a park bench there forever.The City is agreeing to keep the area for the public forever and ever.The DNR will give the City the $200,000 but the City is saying they will maintain the property. Walsh noted the City also committed to that on the master plan of buying the island. The management plan says the City has to do all of that. Johnson said the agreement is very vague and he was expecting more detail. The City does not know how this will go with the bathrooms and everything else,and he is not comfortable agreeing into perpetuity for things like bathrooms and shelters.Every year something could happen to these indestructible bathrooms and all of a sudden, the City says it is ridiculous, because a lot of people outside of the City are going to be using this resource.He does not want the City to get into something that binds them to be management. Crosby indicated the City is not held to replace anything. Mattick said the City is guaranteeing that the land will be held in public trust,not guaranteeing there will be a toilet out there for the next 100 years. Johnson asked whether the City could say they would not maintain the ADA-compliant trails because they are too hard to maintain. Mattick said once you have trails and upgrade them to be ADA,the ADA has certain requirements. If you own public property, you have certain obligations as far as the ADA. Johnson asked whether the City was under that jurisdiction at this time on the island. Mattick stated the ADA is a federal law. Walsh indicated that there is a public facility there and technically the City needs to have ADA facilities. Crosby added the City is probably not in compliance at this time. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Rief said he was correct and that when he worked at the City of Omaha,they had the same problem with city intersections and had to come up with an ADA master plan. It's just a matter of time until they get to trails and other things. When they are being reconstructed/reconfigured, that's the first thing that kicks in. Whether or not it is compliant now, if they ever check on it, they will make the City change it, anyway. Johnson stated the point he was trying to make is that even though it does not say ADA in the agreement, it is assumed the City is doing certain things and he wants to make sure the Council is comfortable that it is not park benches,bathrooms, shelters. He asked if the dock was also included. Edwards indicated it was. Johnson asked if the City was stuck with the dock. Edwards stated in the recreational facilities in the ADA requirements, there is some latitude given to the governments and how that is done. Federal regulations don't require everything, for instance, in parks to be ADA accessible.A portion of what the City has needs to be ADA accessible.Once some ADA accessible elements are established to your park or facility, it has to remain that way. If the trails are set up as ADA accessible and ten years from now the City decides they are not easy to maintain and they need to do things differently, the City has latitude to do different things. Within the design itself, not all picnic benches proposed are ADA-compliant; half of them are.Different elements have different proportions. Some things are goals; some things are requirements. Walsh said Johnson wants to make sure that the City is not committed to having to have picnic benches or shelters or bathrooms, but it's just keeping it open to the public in general. Mattick indicated that is what the document that the State has requested is saying. Johnson said, by taking the money, the City is buying into some responsibility and over the course of time, especially as the City's budget goes down, it is not a lot of money from the State. Whether they give $140,000 or$200,000, their teeth into the City is the same.At some time, the City might get the project down to a point where it is self-funded and they won't want to use the grant because there's some value in not being under scrutiny. He is hearing there isn't any real scrutiny. It's already a park.As far as the trails, the City would meet the ADA requirements anyway.The rest of the items, with the exception of maybe the dock,the City can modify as it sees frt without anyone else's permission. Mattick stated he was correct,although he gets nervous about the phrase "without anybody's permission." Walsh indicated the City is already under essentially the perpetuity to have this as an open public space based on buying it and the documents they are bound to. Johnson said he does not want the vault bathroom to be the central Lake Minnetonka public restroom,or the expense to maintain it will be exceptional. Edwards agreed and stated that it is not going to be advertised as a public restroom across the lake. If you go there and you know it's there,use it. Johnson wanted to make sure there wouldn't be a Lake Minnetonka fan club page on Facebook. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Walsh said people would not go from Cruiser's Cove to get to the bathroom. He said the Big Island Legacy Committee has also been vetting out where there's more value and they don't agree yet either. There's still a lot of conversation to be had and a final decision made at some point. Crosby noted, with all the water issues,Cruiser's Cove might consider putting a bathroom there. Walsh indicated that is another issue with the LMCD. Johnson asked what three things Edwards was looking for from the City Council. Edwards said he is looking for guidance that the City Council is happy with his proposal to go out for bids and to do so with bid alternates and that there are no major concerns with the design as it is laid out; second,approve the grant of deed restriction; third, give an overview of the design. Johnson asked if it made sense to do the final approval on the language when the budget is completed and they know the project scope,and whether there is a reason to do so before the scope is determined. Edwards stated it is one of the outlying items for the grant that the City said they would do when they signed the grant agreement. Walsh clarified that it does not relate to the amount of the grant. Rather,that the City Council has to approve they are going in that direction. Walsh said it was a matter of how much later the City Council determines up to 200,000. He added it was giving direction to go out to bid and get things rolling. Johnson asked if Walsh was fine with the deed restriction regardless of the amount. Walsh said the deed restriction does not restrict the City Council any more than what the City already is. It's a public open space and the City is required to keep it a public open space.The City has to make it accessible,which is already in their management plan of buying the property. Mattick stated if the bids come back really high and the City decides it doesn't make sense to do any of it at this point, the City can hold on. He did not know whether or not there was a timing issue of signing documents recording the restriction until the bids get back. Edwards said they could not record until the bids come back. Crosby and Edwards noted the City is tiering the bids. Walsh stated it could be approved and held; and if the City ends up doing nothing, it could be rescinded. Crosby said that made sense to him. Mattick noted that at that point the City has not taken any grant proceeds and they are not under any obligations. Johnson noted this is the next step in receiving grant money and is not the final commitment. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Edwards said this is the final step the City owes the State of Minnesota to get the grant money. Johnson stated he does not see a reason not to agree to sign it now if the City is not exposing themselves to any new restrictions. Walsh said the City would hold off from recording it until the final bids come in and final decisions. Johnson moved,Crosby seconded,to approve Big Island Park ADA Trail Project(19-033)Pre-bid Design but not to sign the document until the final bids and bid alternates come in,the final budget is complete,and final decisions are made. VOTE:Ayes 3,Nays 0. PLANNING DEPARTMENT REPORT 9.LA19-000101—AL AZAD,200 BEDERWOOD ROAD,LOT AREA-RESOLUTION Staff presented a summary of packet information. Walsh said he understood the sewer line was done in the'90s. Oaken agreed with his statement. Walsh noted it was PVC,up to code,roughly ten feet deep based on the plans, and asked whether the City installed those lines and if the property owners were assessed. Edwards stated it was a City project and that he believed the property owners were assessed. Walsh said the City knows the plans were good and the City did the work and knows the depth. Mr.Azad indicated he would be glad to give the neighbors an easement.He did not see anything holding the City back as far as approval with the contingency that an easement is in place with the neighbors. Johnson asked if the City has heard from the neighbors. Crosby, Johnson, and Walsh discussed that they had seen the neighbors once or twice at either City Council or Planning Commission meetings. Walsh stated the neighbor's big issue was wanting to know the depth and the ability to have access if there was a problem. He said this is the City's chance to rectify an issue that didn't get taken care of in the '90s. Johnson referenced the Planning Department's recommendation which said the applicant could be required to field locate, confirm the depth, and then protect the service line where the proposed driveway crosses if it is less than 6.5 feet. Oaken indicated that was a comment from the analysis, which could be done to verify or ensure the service line. Walsh stated they found out the City did the project and plans and are going off the plans and saying they know how deep it is. Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Edwards agreed with Walsh and said he took the as-built plans for that sewer line. They have good data for the sewer main and they know the depth of the main, the depth of where the connection connects to the main, and based off of installation standards on what slopes you can have on a service line, he came up with the maximum/minimum depth that service line should be at.He also recommended to the Planning Commission if there was still some concern about that, it could be written into any requirements that the applicant be required to field locate, which would entail a contractor to come in through the City's sewer main and run a locator up the sewer service to ascertain the depths under the driveway. He said that is not something the City would do but it could be done by somebody else. Walsh noted that the City did not feel it was necessary to do that because they had accurate data and it was a job the City undertook. Edwards agreed and stated he did not think the City would need to do that. Johnson asked whether it was the 222 property that needs the easement. Walsh stated that was correct. Johnson noted the neighbors were not present. Walsh said they were present at the last meeting. He noted the other issue was the easement they have never had and that their line is under somebody else's property. Edwards stated it would be an easement between two private properties, not something the City is directly involved in. The City recommended the 222 property owners get the easement because it protects them and their continued access to the sewer system. Walsh said Mr. Azad was nice enough to acknowledge the easement would not be a problem. Johnson clarified that the variance request is because the easement will reduce the size of the lot. Walsh, Crosby, and Staff indicated it reduces the lot area. Walsh said the City Council would be taking the recommendation and approving the variance with the contingency that an easement is created between the two private parties. Johnson asked if the City Council was approving a motion to create that. Staff and Walsh said the City Council would be approving a variance. Johnson noted it would be based upon something that has not yet happened. Walsh and Crosby stated it is a variance conditioned upon getting the easement put together between the two parties. Mr.Al Azad and Walsh discussed that Mr.Azad would need to get involved and talk with his neighbors to get the variance. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Mattick said it would be an easement that would be recorded against his property based upon the legal description the City has that's going to say 222 has the right to have their sewer line in this area.Mr.Azad would record it against his property for the benefit of the other parcel,and it does not require the other property owner's signature. Walsh stated the 222 owners have to contact the City to get that. Mattick and Crosby said the 222 owners do not have to be involved. It is something Mr.Azad signs and records against his property. Walsh said the 222 people will want to make sure it is the correct easement. Mr.Azad can do it himself without needing their signature. Johnson asked how the motion should be made,because Mr.Azad has a right to have a driveway. The neighbor should not be able to hold him up if he grants an easement. Mattick stated language should not be used where it is subject to the neighbor's approval. He suggested using language that the variance is approved subject to the City's satisfaction that the easement has been prepared and recorded.The document will show that it's for a sewer line in the correct place and recorded and produced to the neighbors. The City needs to review and sign off on it, but the City will not prepare the document. Mr.Azad asked if a surveyor would be able to help him with that. Mattick and Council members discussed that Mr. Azad should contact a surveyor or engineer to put together the easement and Staff could look at it after that. Johnson moved,Crosby seconded,to approve the variance subject to the applicant putting the utility easement on the property and satisfactorily recorded with the evidence to the City.VOTE: Ayes 3,Nays 0. FINANCE DIRECTOR REPORT 10.FOURTH QUARTER FINANCIAL REPORT Ung indicated the amounts given in the presentation are based on preliminary numbers and may have minor changes after Staff prepares for the 2019 audit. She said the City is over budget by 106.9 percent, with approximately 50 percent of the overall budgeted revenue coming from taxes.Taxes are at 99.9 percent of the budgeted amount. Building activities make up a good portion of the revenue budget, with licenses and permits coming in at 141.5 percent of the budgeted amount. There were two permits that contributed to the overage.Charges for service is also over budget by 108.8 percent which includes fees related to building activities. All other revenues are meeting or exceeding budget, and interest is expected to meet budget as well once it is allocated. Overall, the revenue is expected to exceed budget by $680,000. Ung used a graph to compare actual revenue to budgeted revenue and indicated once interest is allocated, it is expected to be similar to year-end 2018. Ung said overall expenditures are also on track at 99.5 percent.The police department is over budget which is due to the tort zero desk grant disbursement which is offset by the unbudgeted revenue.Depreciation expenses have not yet been allocated, which may Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. have a minor effect on the overall budget. Ung displayed documents showing the top ten vendors used in the fourth quarter of 2019 and also the top ten vendors used in 2019, indicating these vendors also make up 50 percent of payments during 2019. She noted new investments were added during the fourth quarter of 2019. Rates were rising at the beginning of 2019; in the second half of the year,the Feds cut the rate three times. In the upcoming months it is expected the Feds will cut rates again. Interest received at the end of 2019 totaled$285,000. Walsh asked how the numbers compared to what was expected. Olson said they thought they would do a little better since interest rates were rising, but it came in about $15,000 less than last year on basically the same amount of principal. They have not done the mark to market exercise.As interest rates dropped at the end of the year,the City gets a positive bump. Walsh indicated things are looking good. Crosby said there would be more money for roads. Walsh stated all road work can get done and extra money can be put aside for a bigger project such as the public works facility or the park trails. They are starting to have an actual funding mechanism in place for the Park Commission because they are on board for 5-10,000 a year.Now that the parks are up and running, the City needs to keep them that way, so they will probably need 100-150,000 a year in their budget. It would be a good year to start talking about that in addition to bringing the roads up some more. The goal is to have them self-sustaining. The City is in a good place right now. MAYOR/COUNCIL REPORT Crosby acknowledged Dwayne Gluh's 33 years of service on the Long Lake Fire Department.He worked with Dwayne for almost 11 years in the department,and he was outstanding. Johnson noted he had an unwanted interaction with the fire department and Orono Police Department when his sister was involved in a car accident.He should have thanked the fire department chief;they did a great job. He said he would like to be more in tune with how often the City is having code enforcement issues being sent off for prosecution for non-compliance. He put in a request but has not gotten a reply from anybody. He suggested getting a breakdown of where code enforcement is going. He said it wasn't too long ago when numbers couldn't be pulled so progress is being made in the right direction, but he thinks the process needs to be fine-tuned. Otherwise,the Council doesn't know what the issues are to have a good judgment. Council members suggested incorporating the code enforcement information in the weekly updates and that if there are any questions, Barnhart could be contacted. Walsh said he met with a few people that are interested in buying developments and there is a lot of activity going on in the City. He stated several years ago when they brought fees down from$750 to whatever it costs currently, about $235, he was told the City would lose about $30,000 in revenue.His comment was that it would be an incentive for people to have more stuff done. He believes it's happened tenfold over that. Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Johnson stated he made a good point, because halfway through the year the Council was concerned they would not hit the budgeted number. He noted Orono's reputation is changing in a positive way with Walsh's leadership and reducing fees,reviewing the Ordinances and asking why they are there.He said Citizenserve saves time and money and people want to spend money when it is easier to do. Council members discussed the amount of paperwork that is no longer at City Hall. Instead,the City is using various technology to reduce paper amounts. Also, good business common sense is being used. CITY ADMINISTRATOR REPORT 11.RESOLUTION OF APPRECIATION OF OUTGOING PARK COMMISSIONERS Walsh said he thanked Bryce Johnson in person at the Park Commission meeting and that he was one of the founding members of the reconstituted Park Commission who had true passion and real dedication and the Park Commission will miss his leadership. He read a Resolution of Appreciation to Bryce Johnson for distinguished service as a member of the Park Commission. Johnson moved,Crosby seconded,to approve Resolution No.7075 a Resolution of appreciation for Mr.Bryce Johnson.VOTE:Ayes 3,Nays 0. 13.2020 PRIORITIES Rief stated he put together a number of priorities in administration for the upcoming year in no particular order.His priorities include Election support: It is ongoing for the first of three election cycles this year. 70 election judges were hired for the presidential primary. 2020 census support: The census is April 1 and it is a once-a-decade opportunity to gather data on citizens, go through maps and verify addresses.They have been working on it since last summer, and the final component is the planning and zoning department verifying all of the annexation-related documents to ensure boundaries are correct.Fire contract:One of the goals is to develop a plan for the next version of fire services for the City of Orono. Utility billing transition: The City Council last fall agreed to a monthly billing process rather than a quarterly billing. An Ordinance will be brought forward at the next Council meeting to address that. Budget and capital planning: The goal is to normalize capital expenditures. They have made great strides in trying to normalize expenditures relative to revenue and increasing the levy for roads,et cetera.Once normalized, it becomes a lot easier to replace things as needed.Performance Metrics:Analyze and develop relevant metrics for all departments,develop standard reporting schedules,and ensure measurements are useful and relevant.Employee handbook: They will look at and compare policies. Mattick has provided a handbook as well as a couple of neighboring cities to see what's out there. It has not been updated in ten years.Finance software upgrades and process improvements: The software has been upgraded and it will allow for digital accounts payable and timesheets.They are in the process of digitizing everything. CITY ATTORNEY REPORT Mattick had nothing to report. ADJOURNMENT Page 14 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2020 6:00 o'clock p.m. Crosby moved,Johnson seconded,to adjourn the Orono City Council meeting at 7:50 p.m.VOTE: Ayes 3,Nays 0. ATTE Anna Carlson, City Clerk Dennis Walsh, Mayor Page 15 of 15