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HomeMy WebLinkAbout04-13-2015 Council Packet Agenda for Council Meeting Set for Monday, April 13, 2015, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Council Work Session of March 23, 2015 * 3. Regular Council Meeting of March 23, 2015 * Presentations 4. Orono Police Department Annual Report Planning Commission Comments – John Schwingler, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 5. 14-3700 Amend City Code Section 78-1379, Small Wind Conversion Systems (WECS) Final Review 6. 14-3685 Willi Abbott o/b/o The Broadway Group, LLC – Plat Oliver Hill 7. 14-3686 John Bessesen & Tom Wasmoen o/b/o David Delaney – 2500 Kelley Avenue 8. 14-3690 Fred Johnson (C/D Purchaser), Patricia Pfeffer (Seller) – 1565 Orchard Beach Place 9. 15-3718 Christopher Perry - 1125 Hunter Dr. - CUP 10. 15-3719 Marc & Kari Newell – 3015 Watertown Road 11. 15-3722 Storm Water and Drainage Trunk Fee Review 12. 15-3730 Amend Fee Schedule Ordinance 14-128 and Amend City Code Section Chapter 1, Section 8 regarding Code Enforcement Inspections – Ordinance Public Works Director/City Engineer’s Report 13. Pay Request No. 1 Water Treatment System Improvements 14. No Parking Resolution – CSAH 112 (North side from Willow Dr. to Brown Rd.) 14.5 Golf Course Employees Mayor/Council Report Agenda for Council Meeting Set for Monday, April 13, 2015, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification City Administrator's Report 15. Police Officer Termination 16. Request to Hire Part Time Police Officer 17. Request to Hire Full Time Police Officer 18. Accept Donation 19. Disposal of Police Department Squad Car 20. Community Development Director Appointment 21. Request for Proposals (RFP) for Compensation Study 22. Temporary Part-Time Employees 23. Licenses & Permits* – Kennel Licenses – Limited Firearms Use Permit 24. Claims/Bills* City Attorney's Report Adjournment Upcoming Events 2015 04/15 – Open Book Meeting, Wednesday, 4 p.m. to 6:30 p.m. 04/20 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Dennis Walsh) 04/27 – Council Work Session, Monday, 5:00 p.m. 04/27 – Council Meeting, Monday, 7:00 p.m. 05/04 – Park Commission Meeting, Monday, 7:00 p.m. 05/11 – Council Meeting, Monday, 7:00 p.m. 05/11 – Annual Public Hearing for NPDES Phase II Storm Water Permit, Monday, 7:00 p.m. 05/18 – Planning Commission Meeting, Monday, 7:00 p.m. (Council Liaison – Aaron Printup) 05/25 – Memorial Day Holiday 05/26 – Council Meeting, Tuesday, 7:00 p.m. 06/08 – Council Meeting, Monday, 7:00 p.m. 06/15 – Planning Commission Meeting, Monday, 7:00 p.m. (Council Liaison – Jim Cornick, Jr.) City Council Work Session February 23, 2015 Page 1 MINUTES OF THE  ORONO CITY COUNCIL WORK SESSION  February 23, 2015  5:00 o’clock p.m.  ________________________________________________________________________________    PRESENT: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup,  and Dennis Walsh.  Representing Staff were City Administrator Jessica Loftus, Finance Director Ron  Olson, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City  Engineer Adam Edwards, Police Chief Correy Farniok, City Attorney Soren Mattick, and City Clerk  Diane Tiegs      1. Street Funding Discussion (moved to accommodate residents present for the discussion)  a. Baldur Park Road Improvements  Public Works Director/City Engineer Adam Edwards reported that the Baldur Park Road is  in need of being rebuilt and it is timely to use FEMA funds from the flooding damage that  occurred to that road.  The initial estimate for rebuilding the road is $223,917 with $59,223  available in FEMA funds that can be used towards that project. The City has 18 months to  make use of the FEMA funds for the flooding repairs.  The timeline for this project is to  present a proposal to Council for approval during a March Council meeting, award the  contract in May with construction completed by October 2015.      Council discussed the curb and gutter portion of the quote request.  Edwards stated the  soil is poor and by installing curb and gutter it will assist with drainage.  He also noted that  curb and gutter were added to the quote because of a petition received from residents in  that area.      Council discussed additional signage imposing tougher weight restrictions to conserve the  roadway. Edwards stated seasonal weight restrictions of 4 ton are in effect annually each  spring from mid March to mid May.  The road is primarily used by the residents and the  stringent restrictions would affect the resident’s services for their garbage or occasional  projects that require heavier truck delivery.     Edwards will contact Bolton & Menk to prepare an engineering proposal to be presented at  a March Council meeting. Printup would like axel weight limits included in the report.      b. Watertown Road  Watertown Road shares a boundary between the cities of Orono and Long Lake.  Long Lake  is considering a full reconstruction that will include utility replacement on the portion of  Watertown Road located between Brown Road and Willow Drive in 2016.  The City of Long  Lake has approached Orono with a proposal to consider a joint project.  Long Lake would  lead the project with Orono participating in a joint financial arrangement.  Orono is  Item #02 - CC Agenda - 04/13/2015 Approval of Council Work Session Minutes 03/23/15 [Page 1 of 3] City Council Work Session February 23, 2015 Page 2 currently responsible for 29.5% of that roadway.  The Orono City Council suggests using  reclamation costs as a basis for the cost sharing.  The consensus was to move forward with  the next steps.    2. Code Enforcement Discussion   City Attorney Soren Mattick reviewed pro‐active code enforcement.  Criminal code violation  complaints sent to his office are usually misdemeanor and currently there are three or four  cases to process.      The judicial process could be replaced by a course of action currently used by the City of  Burnsville.  Their process is that the initial property inspection has no fee but the City charges  the property owner inspection fees which increase for each subsequent inspection.  If the fees  are not paid according to Statute 429 municipalities can do a special assessment to the  property taxes.      Code violations are difficult to enforce and judges do not want to spend their time on these  types of citations.  Walsh wants Staff to act immediately if they become aware of violations.   Council Member Printup is uncomfortable with proactively seeking code violation issues.      Planning and Zoning is reviewing City Code language to address City Codes that may need  amendments or revisions.  Council agreed the re‐inspection fee charge used by the City of  Burnsville is good model and allows the City authority to assess fees that are not paid.      Planning and Zoning will prepare a draft for Council review of the proposed inspection fees  using the City of Burnsville’s model.   Council also discussed that senior citizens may need  assistance should a City Code violation be rendered.      3. Prosecuting Attorney   Police Chief Farniok presented background information on the City’s current Prosecuting  Attorney Services from Ken Potts.  Both Mound and Minnetonka Beach use the same  prosecuting attorney which makes prosecuting violations more efficient.  Walsh feels that the  City has not been served well by the current prosecuting attorney.  Council Member Cornick  stated that having served as an Orono Police Officer he has found Attorney Potts’ services to  be thorough and outstanding. Farniok reminded the group that the prosecuting attorney  represents the City’s best interest not the resident that has been charged.  After further  discussion Council decided that Prosecuting Attorney Potts should attend Council meetings to  present updates once or twice a year and the Police Advisory Commission would discuss  prosecuting services.      4. Wellhead Protection Ordinance   Walsh requested more discussion on the Wellhead Protection Ordinance.  Loftus stated that  the Wellhead Protection Ordinance was acted on at the February 9, 2015 Council meeting.   Item #02 - CC Agenda - 04/13/2015 Approval of Council Work Session Minutes 03/23/15 [Page 2 of 3] City Council Work Session February 23, 2015 Page 3 The Ordinance was approved with a vote of 3 ayes and 2 nays. Walsh said he perceives this as  a property rights issue.      Attorney Mattick researched the legal side and reviewed the State statutes. The MN  Department of Health supports city regulation of wells to prohibit new private wells from  being installed if public water supply service is available.  This reduces the possibility of  contaminants finding their way into the City water supply.      Edwards spoke to why communities are limiting private wells.  He reviewed the City’s  approved Wellhead Protection Program including education and code practices.  Mayor  McMillan stated that the City has an investment in the City’s utility infrastructure and the  Ordinance is in place to protect that infrastructure and the water source.  Navarre has 12 wells  versus 400 homes that are currently serviced.  Citizens with wells can continue to use their  wells until they fail.  The Ordinance can be amended at a later date should a problem arise.   Cornick stated that the Council needs to work together and this Ordinance was approved,  should stand as approved, and move forward.    5. Public Input at City Council Meetings   Clarification was requested on the agenda form that addresses public input at the Council  meetings. After Council discussion there was consensus that the wording would be:   The public is invited to address the Council regarding any item on the regular agenda when it  comes up for discussion.  If your topic is not on the agenda, you may speak during the Public  Comments section.    6. Imaging Project  City Clerk Tiegs provided Council with an update on the Laserfiche software.  She requested  support for document scanning.  Council discussed posting the part time position on the City  website.    7. Future Work Session Topics  Walsh requested that cell tower leases be added to a future work session agenda for  discussion.  Mayor McMillan stated roads are a priority for discussion at the March work study  session.     8. Adjournment 6:58 p.m.    ATTEST    ___________________________________  ____________________________________  Diane Tiegs, City Clerk     Lili Tod McMillan, Mayor  Item #02 - CC Agenda - 04/13/2015 Approval of Council Work Session Minutes 03/23/15 [Page 3 of 3] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 1 of 18    ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, and Aaron Printup. Representing Staff were Finance Director Ron Olson, Senior Planner Michael Gaffron, City Planner Melanie Curtis, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 4, 9, and 12 were added to the Consent Agenda. An update by the City Attorney for right-of-entry for the Anderson property was added under the City Attorney’s report. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF MARCH 9, 2015 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council of March 9, 2015, as submitted. VOTE: Ayes 4, Nays 0. *3. HRA MEETING MINUTES OF MARCH 9, 2015 Levang moved, Cornick seconded, to approve the minutes of the HRA meeting of March 9, 2015, as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS – LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PRESENTATIONS MEDALS OF VALOR Deputy Chief Fischer stated Police Chief Correy Farniok, Officers Brad Schoenherr, Paul Hooper, and Josh Needham were present to receive the Medal of Valor. The Medal of Valor is the highest award an Orono Police Officer can receive. The Orono Police Department outlines the Medal of Valor by policy as an Officer, who in the line of duty, intelligently and knowingly performs a courageous act of personal bravery at hazard to life under circumstances evidencing a disregard for personal consequences. Fischer stated on November 15, 2013, the Orono Police were summoned to a residence on Heritage Lane for a welfare check. Upon arrival, an unknown man was standing on the steps of the home. Next to the man was a handgun in close proximity. Chief Farniok and Officer Schoenherr then responded for backup. Chief Farniok was working this night for an officer who needed the night off. The officers engaged the man and asked for voluntary cooperation to move away from the weapon. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 1 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 2 of 18    (MEDALS OF VALOR continued) While officers were talking to the man, he reached for the weapon then the Officers who were in fear of their safety and used deadly force to stop the threat. The man died from his injuries. The Officers later learned that the man they engaged had just murdered the homeowner of the residence. Fischer stated these Officers exhibited good judgment under duress and their training and experience proved invaluable as they were able to survive a dangerous encounter. Fischer stated for their actions on November 15, 2013, these Officers are awarded the Medal of Valor. Deputy Chief Fischer presented the Medal of Valor to Police Chief Farniok, Officer Brad Schoenherr, Officer Paul Hooper, and Officer Josh Needham. McMillan thanked the families in attendance at tonight’s meeting and for being supportive of the Orono Police Department. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *4. #14-3687 LANDSOURCE, LLC – NORTHERN OAKS – AMEND DEVELOPMENT AGREEMENT Levang moved, Cornick seconded, to adopt the First Amendment to Development Contract and Planned Residential Development Agreement, PUD No. 9, Northern Oaks. VOTE: Ayes 4, Nays 0. 5. #14-3690 FRED JOHNSON (CD PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE Senior Planner Gaffron stated the applicant is requesting lot area, lot width, rear setback, side street setback, and average lakeshore setback variances as well as a conditional use permit for grading, filling and excavating in excess of 10 cubic yards within 75 feet of the lake. At its September 15 meeting, the Planning Commission voted 7-0 to recommend denial of the application. The City Council reviewed this during the October 13, 2014, meeting and tabled the requested variances and conditional use permit to allow time for further consideration. The Council again reviewed the request on November 10, 2014, and voted to table the request to allow the applicant an opportunity to consider submitting revised house plans for further consideration. The applicants have extended the review period to May 31, 2015. The applicants have submitted a photographic depiction showing the proposed house as viewed from the lake, showing the location of the house as compared to the house that abuts the property to the northwest. Gaffron stated it is the same house that was proposed last year. Gaffron noted that has been the only new information submitted by the applicant at this point. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 2 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 3 of 18    (5. #14-3690 FRED JOHNSON (CD PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE continued) Gaffron noted in Staff’s report there is some discussion about the acreage numbers that were reported at the last meeting, which has to do with 0.18 acres versus 0.22 acre. Gaffron indicated that for consistency the same source of data - Hennepin tax records - was used for all of the lots along the shoreline to make sure that Staff treats it consistently and fairly based on the data used. Staff is suggesting that the development of this property with a single-family residence would have negative impacts on the character of the neighborhood, negative environmental impacts, and would not be in keeping with the intent of the Comprehensive Plan. Staff continues to recommend denial of the lot area and width variances, the side street and rear setback variance, the average lakeshore setback variance, and a conditional use permit and variance for grading, excavation and fill within the 0-75 foot zone. Gaffron stated if the Council chooses to grant certain variances to allow for some limited level of development on the property, Staff would request clear direction establishing parameters for that development. Gaffron displayed a sketch of the property and noted the rear of the proposed house would be located 12.8 feet from the rear lot line. The City Council had no questions for Staff. Todd Haugan, Attorney-at-Law on behalf of the applicants, stated the only thing that is new is the color rendering, which shows that the house they are proposing to construct on the property is not going to significantly alter the ability of the neighbors to see the lake. Haugan noted there are 85-foot trees on the lot that are clearly higher than the building they are proposing. Haugan stated the Council took their request under advisement before. Haugan stated it is a lot that had a house until 1973 or something like that. The house was dilapidated and torn down at that time. There was also a garage on the property. Haugan stated they are asking for the variances, the most prominent of which is the sight line variance, which requires a 140-foot setback. Haugan noted the lot is only 100 feet deep and is roughly 10,000 square feet. Haugan stated if the Council does not grant the variances so this modest house can be built, they will be rendering the property absolutely useless for anything, which means, in effect, that the City has taken it. Haugan stated they either want the permit to be issued by the City or have the City purchase the lot. Haugan noted they will take this matter to court and the court will either grant the variances or make the City purchase the property. Haugan stated they would like to construct a modest house and that in his view it fits in the neighborhood, there was a house there at one time, and if not granted, they would request the City purchase the lot. McMillan noted the City has received some letters opposing the project from some of the neighbors. Council Member Printup noted the last two times this was before the City Council there was quite a bit of discussion, but that there has not been much new information submitted besides the color rendering. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 3 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 4 of 18    (5. #14-3690 FRED JOHNSON (CD PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE continued) Printup stated at the November meeting there was mention about allowing some level of build-ability on the property and what that might look like. Printup noted the Council does not design homes and would need to primarily rely on the applicant to submit something or have Staff suggest something. Printup asked if this lot has sewer. Gaffron indicated there is sewer available and there would be a connection fee. Printup stated he is not sure whether Staff has the time to go into the build-ability of the lot and the degree of variances. Printup indicated he would be more interested in hearing about that. Printup noted it is located 75 feet back from the water, but there are many other variances to consider. Gaffron stated to summarize, there is a 75-foot setback to the lake. Gaffron displayed the front of the proposed house. A grading plan has also been previously submitted that shows there will need to be some grading required to accommodate the house. The grading extends down probably within less than 50 feet from the lakeshore in order to accommodate drainage. The applicants are proposing creating a swale that comes across the proposed driveway and back into the property. Gaffron stated the entire area where the grading is proposed will likely result in the removal of the majority of the trees on the property, which is currently heavily wooded. The applicants are also proposing a 10-foot setback from the west side. Gaffron noted this is a one-acre zoning district and a 10-foot setback would be the correct standard. The normal rear setback would be 30 feet and the applicants are proposing 12.8 feet at the rear of the house. From Staff’s perspective, even at 12.8 feet, that is really close to the lot line. The applicants will also have to perform some grading between the house on the west line and the house on the north line in order to make the drainage work. On the east side, the applicants are proposing a setback of approximately 25.4 feet from the street. Gaffron stated one of the goals of the City is that for a garage that faces the street, one should have at least a 20-foot setback in order to provide for off-street parking. Gaffron noted this is not a heavily used street and this would be the last house on the end of the street, with a City lift station and generator nearby. Gaffron stated from the standpoint of whether they can construct a house that meets the 25-foot setback, the applicants probably can. Gaffron stated in any case, they are talking about more than half of the property having the trees eliminated and grading that will impact more than half of the property. Gaffron stated the most critical variance being requested is the average lakeshore setback. Gaffron noted there is a house that sits on the neighboring property, which is the existing house used for defining the average lakeshore setback. Gaffron stated when you have a property that has lakeshore on one side and a street on the other; they are required to use the setback from the lake of the house that does exist. Gaffron stated if that distance is approximately 140 feet, to get the proposed house to meet a 140-foot setback would be impossible because the lot only goes back 100 feet. Gaffron stated based on that, if there is some intent to approve something on the site, the question becomes which setbacks the Council is willing to vary from. The applicants are proposing building a house 22 feet deep on one end and 26 feet deep on the other end. Gaffron indicated they are not Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 4 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 5 of 18    (5. #14-3690 FRED JOHNSON (CD PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE continued) proposing a large house but that the applicants would be held to the normal two and a half stories. Staff has preliminarily concluded that the basement as proposed may be considered a story. Gaffron stated based on all of that, it is hard for Staff to define what the best setback to vary from is. The average lakeshore setback is the most important one and the Council has been pretty strict on adhering to the average lakeshore setback over the years. Gaffron noted the lot is the smallest lot in the neighborhood and consists of roughly two-tenths of an acre. The proposed house would be significantly smaller than the other homes in the neighborhood. McMillan stated in order to construct a house on this lot the setbacks would need to be very small. McMillan stated the applicants pretty much cannot construct a house without some type of setback variance. McMillan stated in her view the two things that she cannot overcome on this application is the fact that the lot is small, which is out of character with the neighborhood, and the average lakeshore setback. McMillan noted the proposed house would be very far into that average lakeshore setback. McMillan noted there is a track record going back into the late 1960s of this lot being deemed unbuildable. McMillan stated there is a significant amount of documentation depicting that and whoever purchased this lot was basically buying an unbuildable lot that they could use perhaps to launch a canoe or swim off of. McMillan stated given that, she is in agreement with Staff’s recommendation. Council Member Levang indicated she also is in agreement with Staff’s recommendation. Levang stated if that many trees are removed, there will be tremendous damage to the environment as well as changing the sight lines for the neighbors. Levang stated she does not feel a house of this size fits into the character of the neighborhood since it will be strikingly small compared to the other homes. Levang indicated she is not in favor of granting an average lakeshore setback since the City Council is very mindful of that and has always adhered to that. Levang stated she is in favor of denial. Council Member Cornick noted he is new to the City Council and that the Council is sometimes asked to do difficult things. Cornick stated he sympathizes with the applicants but that it appears the Council is being asked to do something impossible and that there is no way they can approve this. Cornick stated he would have to agree with the Planning Commission and Staff’s recommendation. Levang moved, Cornick seconded, to direct Staff to prepare a denial resolution for Application No. 14-3690, Fred Johnson and Patricia Pfeffer, 1565 Orchard Beach Place. Printup stated this application reminds him of the application on Maple Place and the discussion regarding the Alness application. Printup asked how this application is different from those two situations. Gaffron stated this application is different because the applicant is requesting variances to the City Code. In those other instances, the property owners were able to meet those requirements. Gaffron stated even if a “park model” approximately 10’ x 40’ is placed on the lot, they still could not meet the average lakeshore setback. Gaffron stated the difference between this application and the Maple Place properties Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 5 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 6 of 18    (5. #14-3690 FRED JOHNSON (CD PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE continued) applications, besides lot area and width, is that those did not require variances; whereas, this one requires a number of variances. Gaffron illustrated the building pad of the lot. Gaffron stated it is doubtful that anyone will build anything to that size in that location. Gaffron stated if the Council was to say no setback variances but grant the average lakeshore setback, the applicants would have an area of approximately 10, 30, 30 and 75. Gaffron stated he is not saying that the property is impossible to build on but that he is saying this is what they would be allowed to build on, which is approximately a 10’ x 40’ area. Printup stated the outside of the house is oddly shaped, the lot is buildable. Gaffron stated with the exception of the average lakeshore setback, the lot is buildable within the limited envelope, but there would still be issues with grading within 75 feet of the lakeshore. Printup stated he is not comfortable with saying that this is a lot that can be used for gazing at the stars or planting a garden. Printup stated if someone would like to construct a home within that limited building envelope, he would not be opposed to it. VOTE: Ayes 3, Nays 1, Printup Opposed. Gaffron stated Staff will draft the denial resolution and bring it back before the City Council at their April 13 meeting. 6. #14-3700 CITY OF ORONO – AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) SECOND REVIEW Gaffron stated on March 9 the Council reviewed the draft of the WECS ordinance. The Council provided some specific direction at that meeting and, based on that direction, the draft ordinance has been amended. Gaffron stated the Council requested Staff eliminate the different varieties of WECS based on capacity and establish an ordinance simply regulating small WECS, acknowledge that the City has no regulatory authority over WEC systems of 5000 kW or greater, and that the ordinance no address ornamental WECS. In addition, since the ordinance would only allow monopole towers, no definition of tower is necessary and that has been stricken. In terms of acreage and setbacks, the direction from the Council was to keep the minimum acreage at ten acres, to change the minimum setback from lot lines to 100 feet rather than 300 feet, and to keep the maximum distance from the principal structure at 150 feet. Gaffron noted the rationale for the change was that very few 10-acre lots would be able to meet the 300-foot setback. The Council also requested that Staff research the issue of shadow flicker, what is involved in the study or analysis, the cost, what information is necessary to do a report, and is it possible to find a local professional that does such analysis. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 6 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 7 of 18    (6. #14-3700 CITY OF ORONO – AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) SECOND REVIEW continued) Gaffron indicated Exhibit C includes a variety of materials with regard to the analysis of shadow flicker. A sample shadow flicker assessment is included in the Council’s packet that was completed by a Minneapolis firm in Goodhue County. There are a variety of software programs that analyze shadow flicker based on inputs of information related to the WECS and its surroundings, such as size and height of the tower, the nature and diameter of the turbine blades, and the angles between the WECS system and neighboring properties. Typically the report will talk about the number of hours of flicker neighboring properties with experience each year. It appears that shadow flicker analyses for large systems, such as wind farms or energy parks, are relatively common, but for small individual systems, such studies are not so common and it is unclear whether software packages can be geared toward small turbines and/or those not using a standard horizontal blade system. No local cost data has been found by Staff as of yet, but there is a firm in Michigan that will do wind assessments as well as shadow flicker analysis for smaller individual systems. A widely adopted standard for shadow flicker comes from Germany, and the maximum impacts allowed are 30 hours per year of flickering under the worst case scenario, 30 minutes maximum on the worst day of the year, and real shadow impact limited to eight hours per year. Gaffron stated it may be difficult to some extent for a person to locate a firm that will actually do that analysis in this area but that it is his belief the firms selling the WECS system may be able to provide that analysis. The Council indicated they were more comfortable with shadow flicker text options 1 or 3, which state that there must be no shadow flicker rather than some limits time of shadow flicker. The Council also requested the draft be revised to allow electricity to be distributed from a SWECS to the utility power grid. Gaffron displayed a map of the commercial/industrial districts that is located on either side of Highway 12. In each case, the blue shows the area that would meet the 100-foot setback. In all but one case the properties do not meet the 10-acre minimum. The only property that meets the 10-acre requirement is the Morrie’s site, which is roughly 23 acres. The other lots generally tend to be less than five acres. Gaffron noted he did not look at Navarre since the entire Navarre commercial district is within the Shoreland where SWECS would not be allowed. McMillan asked about the school zone. Gaffron stated that is located in a 2-acre residential zone, with a conditional use permit being granted to allow the school use. McMillan asked if that is something that should perhaps be changed in the Comprehensive Plan. Gaffron indicated the Comprehensive Plan could contain an institutional category, which would typically include churches, government buildings, and schools. McMillan stated a school may want to install a wind turbine. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 7 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 8 of 18    (6. #14-3700 CITY OF ORONO – AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) SECOND REVIEW continued) Gaffron stated the school property is fairly substantial. Gaffron stated the draft standards for the commercial/industrial district were not changed in the draft ordinance and mimics those for residential zones. Gaffron indicated the draft ordinance is before the City Council tonight and that in his view it is closer to a final product than it was two weeks ago but that there are still some blanks that will need to be filled in. Levang stated the only issue that is bothering her at this point is reducing the 300-foot setback from lot lines down to 100 feet. Levang indicated she understands the Council’s desire to allow WECS, which is why the setback was reduced to 100 feet, but that she is wondering whether that is still too much. Levang stated when you look at the topographical maps; you can see that 300 feet is too much but that she is not comfortable with 100 feet. Levang noted the ordinance allows 150 feet from the principal structure but less to the lot line. City Attorney Mattick noted it is from the neighbor’s property line. Levang stated in her view they are perhaps putting more of a burden on the neighbor than the property owner. Mattick indicated Staff could revise it to make it 100 feet from the principal structure and further on the lot line setback. Mattick stated when he discussed the setbacks with Staff; one of the struggles was that several setbacks are contemplated. One of those is the break-away zone, which would contain the structure on the subject property if it should fall and is a valid reason for establishing a specific setback. Mattick noted the problem with the 300 feet was that it made it very difficult to locate the structure even on the 10-acre parcels and the 100 feet still provides that fall-away zone. Mattick pointed out the neighbor will have some setback on their property as well. Mattick stated the City Council does not want to create standards so there are no properties where WECS can be located. Levang indicated she would be amenable to reducing the 150 feet from the principal structure down to 100 feet. Mattick stated in his view that would still provide ample fall-away room. Printup asked if Council Member Levang would be open to reducing the 10-acre minimum and just going with the setback. Levang stated she would stick with the 10 acres. Printup indicated he would be okay with just having the fall-away zone. Levang stated the reality is that many Orono homes are clustered together and that the City Council has a responsibility to protect the adjoining homeowners from the noise, the visual impacts, and everything else that goes with a wind turbine. Levang stated Orono has a fair number of 10-acre parcels and changing the 150-foot setback from the principal structure allows for more opportunities. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 8 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 9 of 18    (6. #14-3700 CITY OF ORONO – AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) SECOND REVIEW continued) Levang stated she is very firm on the 10 acres and that if it is 100 feet from the principal structure and 100 feet from the lot line, she could live with that. Levang indicated she likes the 300 feet, but that does not appear to be feasible. Cornick stated he also is in agreement with the 10 acre minimum since it will be easier to enforce. McMillan stated she is basically fine with the draft ordinance and that in her view the commercial could be the same as residential. McMillan stated if there becomes an increased demand for WECS, the Council can review the ordinance and make changes, but that the Council needs to make sure they are not a nuisance for someone. Cornick asked if it possible to set a range so that does not have to be a fixed number. Mattick stated if there is a range, there would need to be a way for someone to determine what the ultimate setback should be. If the Council wanted to do away with the 100-foot setback, one way to do that is to say that the setback from the property line should be 1.5 times the height of the structure, which would account for the fall-away zone. Mattick stated he would not advise doing a range just for the sake of doing a range. Cornick stated he likes the formula option. Mattick stated that is an option and that instead of requiring100 feet from the property, the Council could make it 1.5 times the height of the factor, but that would make it closer to the property line. Gaffron stated they could also use a factor of 2, 2.5 or 3. Cornick stated it might be better to just stick with a solid number. McMillan stated in her view a solid number would make things easier and would help prevent any kind of shadow or flicker from occurring on the neighboring property. Levang stated if someone cannot meet those setbacks, they can apply for a variance. Levang indicated she is in agreement with Mayor McMillan on the commercial and that the two policies should match. Levang stated at the time the City hears more requests, they can look at amending those, but at this point she likes keeping them the same. Printup noted the commercial areas are busier or have a more intense use. Levang asked how many vacant commercial properties there are. Gaffron stated depending on the definition of vacant, there are three. Gaffron stated in terms of properties that have the potential to have something built on because they are currently vacant, there is the office/condo site, which has individual lots that have not been built on. Gaffron noted no part of that could meet the 100-foot setback and that the only 10 acre property is Morrie’s. Levang stated she is comfortable at this time with having the two areas the same. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 9 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 10 of 18    (6. #14-3700 CITY OF ORONO – AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) SECOND REVIEW continued) Printup stated he would like to see the industrial/commercial area be more flexible. Printup noted the City will be having an application coming before them once the ordinance is passed and that they will have to deal with it then. Levang asked what he would like to see instead with the commercial. Printup stated he would like similar setbacks to the residential. Levang stated if the standards are so loose, it would be difficult to tighten it later. Mattick stated under the draft ordinance someone would need to meet the height and setback restrictions in addition to 10 acres. If the acreage requirement is removed, the questions to ask would be related to setbacks, shadow flicker, and height. Mattick noted commercial activities have more intense activities and the question becomes whether a WECS would stand out more in a commercial area than a residential area. McMillan stated on the west end the commercial area does not have a lot of residential around it, but that on the northern end the commercial area has residential next to it and a lot of those commercial sites are under five acres. McMillan stated if the acreage requirement is reduced to five acres for commercial, they would only be adding a couple of properties. Levang noted the Otten property is 6.4 acres but that there is residential properties close by. Printup stated he has a hard time with the ten acres on both the commercial and residential sites. Printup noted the federal tax code is all semantics and is full of loopholes. Printup stated in his view the City will be talking about loopholes and that it is a property rights issue. Levang indicated she would be willing to reduce it to five acres in the commercial areas. McMillan stated she would like to get the ordinance approved tonight if possible. Mattick recommended the changes be incorporated and Staff will back before the Council in two weeks. Gaffron noted what is before the Council is not the final version for publication and that it would make sense to bring back the final version. Mayor McMillan asked if anyone in the audience would like to comment on this application. There were no public comments. Levang moved, Cornick seconded, to direct Staff to make the zoning code changes that have been discussed this evening as to both residential and commercial areas for Section 78-1379, Wind Energy Conversion Systems, and to bring back the final ordinance at the next City Council meeting. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 10 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 11 of 18    (6. #14-3700 CITY OF ORONO – AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) SECOND REVIEW continued) McMillan noted it would be 10 acres residential, five acres commercial, and a 100-foot lot line setback and a 100-foot setback from the principal structure. Cornick asked if shadow flicker would be removed. Gaffron stated as drafted currently, the ordinance does require a shadow flicker report. Cornick asked if Staff has determined whether there are any qualified people to perform the flicker report. Gaffron stated Staff has not identified anyone that can do the report at this point. Gaffron stated it might be possible to obtain a shadow flicker report but that at this time Staff would not be able to provide the names of anyone in the local area who could provide that or the costs associated with it. Gaffron stated the ordinance under Option 4 currently reads that no SWECS shall be installed and operated so as to cause a shadow flicker to fall on or in any existing residential property. A shadow flicker report shall be prepared and required to be submitted as part of any application for a SWECS permit. Levang indicated she is okay with the language contained in Option 4. Cornick asked if that problem could be eliminated by approving what manufacturers can be installed in Orono. Mattick stated the City cannot regulate the brand. Cornick asked if they can offer two or three options. Gaffron stated every situation is going to be different and it has to do with the specific height and location of the turbine, where the neighboring house is in relation to elevation and topography as well as the location of the sun at specific times of the day. Gaffron stated the only thing the Council could do is to go to a model that restricts it to certain hours of the day, which would absolutely require a shadow flicker report. Cornick stated he would be okay with Option 4. VOTE: Ayes 3, Nays 1, Printup Opposed. 7. #15-3708 CITY OF ORONO – AMEND SECTION 78-1405 FENCES – ORDINANCE NO. 140 McMillan noted Staff has added to the draft some winter conditions. Gaffron stated he received an e-mail from Council Member Walsh this morning suggesting that Staff define what winter conditions mean in relation to temporary fencing. Item E4 states: Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a Certificate of Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 11 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 12 of 18    (7. #15-3708 CITY OF ORONO – AMEND SECTION 78-1405 FENCES – ORDINANCE NO. 140 continued) Occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Gaffron suggested adding the following: Winter conditions shall be defined as October 15 through March 31 of the following year. Gaffron noted that would be the only change to the draft that is before the Council tonight and that everything else was based on the direction provided at the last City Council meeting. McMillan asked as whether Item E5 should read legal nonconforming since it went through a variance process. Mattick noted a variance would mean a lawful nonconformity. McMillan stated sometimes the City finds fences that are not conforming and no permit was obtained. McMillan asked if someone in that situation could put that fence back up if it falls down. Mattick stated if it is a legal nonconforming fence, they can. Mattick stated this change came as a result of a request by Walsh regarding the statutory provision. Mattick stated this is one of the provisions that is not necessary in the ordinance but that it is a good clarification. Mattick stated statutorily a person has that right regardless of whether it is contained in the ordinance. Gaffron indicated Staff will add the word legal before nonconformity. Printup moved, Levang seconded, to adopt ORDINANCE NO. 140, an Ordinance Amending Orono Zoning Code Section 78-1405(A)(8) Regarding Defined Fence Height, Fence Location, Fence Materials, and Temporary Fences, with the word legal being added before nonconforming under Item e(5) and Item 3(4) being amended to include the definition of winter conditions. VOTE: Ayes 4, Nays 0. Printup moved, Levang seconded, to adopt SUMMARY ORDINANCE NO. 141, an Ordinance Amending Orono Zoning Code Section 78-1405(A)(8) Regarding Defined Fence Height, Fence Location, Fence Materials, and Temporary Fences. VOTE: Ayes 4, Nays 0. 8. #15-3723 SOURCE LAND CAPITAL – LAKEVIEW PROPERTY – 405 NORTH ARM DRIVE – FINAL PLAT APPLICATION – PRELIMINARY REVIEW Gaffron stated the applicants have submitted final plans and plat drawings, as well as draft covenants, in anticipation of final plat approval in April. Staff is in the midst of the review process and the City Attorney will be preparing a draft Development Agreement and other necessary City documents. The applicants have suggested names for the various sections of road. The proposed private road names include Lakeview Parkway for the main road and the cul-de-sacs to be named Augusta Street, St. Andrews Street, Quail Hollow Avenue, and Lakeview Court. Although Orono has a Lakeview Avenue and a Lakeview Terrace, Police Chief Farniok has indicated he does not foresee any conflicts with the use of Lakeview Parkway or Court street names. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 12 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 13 of 18    (8. #15-3723 SOURCE LAND CAPITAL – LAKEVIEW PROPERTY – 405 NORTH ARM DRIVE – FINAL PLAT APPLICATION – PRELIMINARY REVIEW continued) Gaffron noted there is a proposed park parcel along North Arm Drive and would like to hear what the status of that is. This is Council’s first chance to review and in three weeks Council action will be requested. The stormwater fees review has not matured to the point that it can be brought before the Council. This needs to be separated out from redevelopment. Another option would be to bring the entire package to Council at the April 13th meeting. If there is not resolution by that time, the Council can make whatever decision retroactive. Mattick stated that can be recognized in the Development Agreement. McMillan stated on Page 4, it lists A through G, which she is using as a guide for the Council. She would like to see at the next meeting how maintenance will be spelled out before people purchase the lots. Gaffron stated on Page 23 of the applicant’s draft document, it has maintenance by the owners and lists some obligations and defining that would be appropriate. Staff’s expectation is that there will be a conservation easement granted to the City as well and perhaps that is the document that the maintenance obligations are defined more definitively McMillan stated in her view that would be helpful. Gaffron stated Staff can tailor the standard language more specifically to this property. Levang noted the City recently dealt with boulder walls that were constructed that should not have been. Levang stated she does not want to see that happen with this development. Jeff stated they have been working with Staff and are still in the process of creating the homeowner documents. Bryce Johnson stated as it relates to the park, there is a group of citizens who wanted to preserve a small portion of this property as a privately owned public space. It is an opportunity for a private funded group to provide public property. Minnesota has a statute that provides those private owners some protection from liability provided there is not a charge for the use of that property. The organization that is proposing to purchase the lot and develop it as a park is a legacy organization of citizens. It is a Minnesota nonprofit organization and have filed a document for a 501(c))(3) and have reached a general agreement on splitting the cost of the park. They are confident they have some preliminary pledges and people interested in funding the park. A landscape designer is hired and is working with the group on some preliminary plans. They also met with the Watershed District and a business attorney to understand any restrictions they may have. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 13 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 14 of 18    (8. #15-3723 SOURCE LAND CAPITAL – LAKEVIEW PROPERTY – 405 NORTH ARM DRIVE – FINAL PLAT APPLICATION – PRELIMINARY REVIEW continued) McMillan stated some examples of the public park or statute would be helpful prior to the next City Council meeting. Johnson stated he can provide some examples. Johnson stated this will be a passive park with essentially a trail and a few benches and provide an educational and historical focus by with some signage. The group may have a few trees planted, but this will not be an active recreational park. That is the vision that everyone has for this area. Levang asked if the legacy organization will own the park at some point. Johnson stated the private organization will own it because Source Land will be selling it to the citizens. The donors will have provided the funds to purchase the park and essentially develop the park. The homeowners association will handle the ongoing maintenance and have extra funds for long-term capital improvements. The Citizens for Lakeview Preservation is a board of seven people and is backed by private individuals. Levang asked if the homeowner’s association will provide maintenance. Johnson indicated private organization will provide the ongoing maintenance and there will be a homeowner’s association member on the board as well. Jeff stated one of the challenges was selecting a general contractor and have the project completed by July 24. One of the key elements is obtaining IRS approval, which can be a lengthy process. Johnson stated he has been on the phone with the IRS over the past several months and completed the application at the beginning of February. A letter received this weekend that indicates they received the application and that we would either hear within 90 days if they did not require any additional information or 180 days. McMillan stated the Council would like to know about parking at the park and if there is an intent to open this up to the general public. Johnson stated they did consider parking and there was not a real appetite to provide parking at the park. Part of the basis is the realization by having done the analysis that there are nearly 2000 people within one mile of this park and that is the focus of the people the group is looking at. They feel it will be a neighborhood park and do not have plans at this point to have parking available. McMillan stated she does not want people to be parking in the development in order to access the park. Levang asked if he would like to comment on the names of the streets. Jeff stated they would like to use Lakeway Parkway for the main road but if that is an issue, will come up with something different. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 14 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 15 of 18    (8. #15-3723 SOURCE LAND CAPITAL – LAKEVIEW PROPERTY – 405 NORTH ARM DRIVE – FINAL PLAT APPLICATION – PRELIMINARY REVIEW continued) Levang stated the names are quite unique until the Mayor pointed out that they were famous golf courses. Quail Hollow is a little unusual. Jeff stated they are open to any suggestions. Cornick asked if they would be open to having a veteran or someone who has done something of significance to the City, whether they would like to name one of the streets after them. Jeff indicated they would be. Had to start someplace and would welcome any suggestions. The City Council took no formal action on this item. *9. REVIEW OF SPECIAL PERMIT – LONG LAKE ROWING CREW Levang moved, Cornick seconded, to direct Staff to send a letter to the Sheriff’s Water Patrol approving issuance of the Special Event Permit for the Long Lake Rowing Crew for the 2015 season subject to the following conditions: One, No organized practice on Sundays; and Two, Shall not impede the use of the Summit Park beach facilities and access by the public. VOTE: Ayes 4, Nays 0. 10. PLANNING COMMISSION APPOINTMENTS: CHAIR AND VICE-CHAIR McMillan stated Kevin Landgraver has indicated he may not be available to be a full-time chair. Landgraver did say he would be willing to continue to serve as vice chair. Printup asked if Denise Leskinen is interested in remaining chair. McMillan stated to her understanding she is. Printup moved, Levang seconded, to approve the re-appointment of Denise Leskinen, Jon Schwingler, and Loren Schoenzeit for their final 3-year terms effective April 1, 2015. VOTE: Ayes 4, Nays 0. Levang asked if the Mayor was considering reappointing Leskinen and Landgraver for two years or one year. Printup stated not knowing if anybody else is interested, he is comfortable with the status quo for one more year. Levang stated she also is comfortable with one year. Printup moved, Levang seconded, to appoint Denise Leskinen as Chair and Kevin Landgraver as Vice Chair of the Planning Commission effective April 1, 2015, for a period of one year. VOTE: Ayes 4, Nays 0. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 15 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 16 of 18    PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT None MAYOR/COUNCIL REPORT Levang stated the Navarre Community Initiative is still working on the demonstration project planned for September. The group is continuing to refine its plans and strategies. One of the things currently being considered is having an event at the Navarre Park, such as a food truck or other small event, at least one day a month. The goal is to have one activity a month leading up to the September event. Levang indicated she has received lots of good feedback on the recent newsletter. The next newsletter will come out probably sometime toward the end of June. Printup stated he would like to thank the police officers who received the Medals of Valor as well as the entire Police Department for all their fine work and dedication to the City. McMillan noted the Orono Golf Course is preparing to open, which has been delayed slightly by the snow. The golf course will continue to use Groupon but will be a sending out a smaller adjusted Groupon promotion that will restrict the times and days that the coupon can be used. McMillan stated they have received very good comments about the Groupon promotion. The carpeting has also been removed in the Club House McMillan noted on April 9 there will be the intergenerational forum. McMillan stated an article on the forum was in the Lakeshore Weekly. There are approximately 40 participants and information is available on the City’s website no how to sign up for the event. McMillan stated Council Members are encouraged to attend. McMillan noted there recently was a Police Commission meeting and Highway 12 Turnback meeting, which were pretty straight forward. McMillan stated the report presented during the Police Commission meeting was very positive. CITY ADMINISTRATOR’S REPORT 11. NAVARRE BANNER DESIGN McMillan noted Joan Wolfe and Mary McKenzie have submitted a revised design and have obtained some cost estimates for the Navarre banner. Wolfe stated Mary has an updated version which is the one without the City’s white logo on it. Mary McKenzie stated the revised banner now has the City’s blue logo on it. McKenzie indicated her keyboard broke so she was not able to do the blue logo on the example that was provided to the Council. McKenzie stated at first the design was very small, but they have enlarged it to 24” x 70”, so it should look very nice. Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 16 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 17 of 18    (11. NAVARRE BANNER DESIGN continued) McMillan noted the Council has received two cost estimates. McKenzie indicated they have obtained price quotes for 33 banners and 50 banners. Levang asked if 50 is the next price break. McKenzie stated it is necessary to order a lot in order to get that price. McKenzie noted all the printing on the banners is done by vectors so it will look very sharp. Printup asked how the words island community came about. Wolfe stated that came out of the discussion at the last City Council meeting regarding Island City as opposed to neighborhood. Wolfe stated in their view Navarre is more of a community of neighborhoods and that they chose to use island community since they felt it was more inclusive. McMillan stated there are 32 poles and that the City should probably purchase a couple of extra banners. Levang stated the Public Works Director may have some thoughts on how many extra banners to order. Ralph Kempf, 3675 Togo Road, asked if the Minnehaha was made larger on the banner. McKenzie indicated they added more detail to it. McMillan stated in her view the image is good and that the Council can let the Public Works Director work on the quantity. Cornick stated it appears the City only has one shot to make the banner because of the copyright agreement. Cornick questioned whether that should be taken into consideration when ordering the banners. McKenzie stated that agreement was basically a beginning point and that she did not want the City to print a million of them. McKenzie stated she would love to see the image in more places, such as signs, throughout the City and that perhaps she could tweak the agreement. Cornick suggested the agreement be reworded slightly. Levang moved, Cornick seconded, to approve the submitted design for Navarre and to leave the quantity to be ordered up to the Public Works Director; and to authorize the Mayor to sign the revised agreement regarding the copyright. VOTE: Ayes 4, Nays 0. *12. POLICE GARAGE – PAY REQUEST NO. 7 Levang moved, Cornick seconded, to approve Pay Request No. 7 for the Orono Police Garage Project in an amount totaling $240,315.33. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 17 of 18] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 18 of 18    A. RIGHT-OF-ENTRY AGREEMENT Mattick stated he has one item for the Council’s consideration. Mattick indicated he has been working with the Public Works Director on a matter regarding a lift station and a generator. Mattick stated approximately one year ago rather large generator was installed next to this lift station but within the City’s right-of-way. One of the neighbors expressed a concern about the noise when the generator was on. Mattick indicated the City has been working with the property owner and has indicated they would be willing to install some screening measures, including a fence and some landscaping items, in the approximately amount of two to three thousand dollars. Mattick stated the City is ready to put those improvements in, and as part of that project have asked the property owner to sign a right-of-entry form as well as waive any of their claims that they may have had. Mattick stated that agreement has been drafted, the property owners have signed it, and that he would ask for a vote approving the agreement for landscaping services, right-of-entry, and release of claims as well as authorizing the mayor to sign that agreement. Levang moved, Cornick seconded, to approve the Right-of-Entry Agreement between the City of Orono and the Andersons, and to direct Mayor McMillan to sign the document on behalf of the City. VOTE: Ayes 4, Nays 0. *13. CLAIMS/BILLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Printup moved, Cornick seconded, to adjourn the Orono City Council meeting at 8:53 p.m. VOTE: Ayes 4, Nays 0. ATTEST ___________________________________ ___________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 04/13/2015 Approval of Council Minutes 03/23/15 [Page 18 of 18] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 1 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 2 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 3 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 4 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 5 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 6 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 7 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 8 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 9 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 10 of 11] Item #04 - CC Agenda - 04/13/2015 Presentation - Orono Police Department Annual Report [Page 11 of 11] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - CC Agenda - 04/13/2015 File #14-3700 [Total Pages 15] Item #05 - 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CC Agenda - 04/13/2015 No Parking Resolution - CSAH 112 [Page 2 of 6] Item #14 - CC Agenda - 04/13/2015 No Parking Resolution - CSAH 112 [Page 3 of 6] Item #14 - CC Agenda - 04/13/2015 No Parking Resolution - CSAH 112 [Page 4 of 6] Item #14 - CC Agenda - 04/13/2015 No Parking Resolution - CSAH 112 [Page 5 of 6] Item #14 - CC Agenda - 04/13/2015 No Parking Resolution - CSAH 112 [Page 6 of 6] Item #14.5 - CC Agenda - 04/13/2015 Appointment of 2015 Golf Course Employee [Page 1 of 1] Item #15 - CC Agenda - 04/13/2015 Police Officer Termination [Page 1 of 1] Item #16 - CC Agenda - 04/13/2015 Request to Hire Part Time Police Officer [Page 1 of 4] Item #16 - CC Agenda - 04/13/2015 Request to Hire Part Time Police Officer [Page 2 of 4] Item #16 - CC Agenda - 04/13/2015 Request to Hire Part Time Police Officer [Page 3 of 4] Item #16 - CC Agenda - 04/13/2015 Request to Hire Part Time Police Officer [Page 4 of 4] Item #17 - CC Agenda - 04/13/2015 Request to Hire Full Time Police Officer [Page 1 of 1] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 1 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 2 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 3 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 4 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 5 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 6 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 7 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 8 of 9] Item #18 - CC Agenda - 04/13/2015 Accept Donation [Page 9 of 9] Item #19 - CC Agenda - 04/13/2015 Disposal of Police Department Squad Car [Page 1 of 1] Item #20 - CC Agenda - 04/13/2015 Community Development Director Appointment [Page 1 of 7] Item #20 - CC Agenda - 04/13/2015 Community Development Director Appointment [Page 2 of 7] Item #20 - CC Agenda - 04/13/2015 Community Development Director Appointment [Page 3 of 7] Item #20 - CC Agenda - 04/13/2015 Community Development Director Appointment [Page 4 of 7] Item #20 - CC Agenda - 04/13/2015 Community Development Director Appointment [Page 5 of 7] Item #20 - CC Agenda - 04/13/2015 Community Development Director Appointment [Page 6 of 7] Item #20 - CC Agenda - 04/13/2015 Community Development Director Appointment [Page 7 of 7] Item #21 - CC Agenda - 04/13/2015 Request for Proposals (RFP) for Compensation Study [Page 1 of 7] Item #21 - CC Agenda - 04/13/2015 Request for Proposals (RFP) for Compensation Study [Page 2 of 7] Item #21 - CC Agenda - 04/13/2015 Request for Proposals (RFP) for Compensation Study [Page 3 of 7] Item #21 - CC Agenda - 04/13/2015 Request for Proposals (RFP) for Compensation Study [Page 4 of 7] Item #21 - CC Agenda - 04/13/2015 Request for Proposals (RFP) for Compensation Study [Page 5 of 7] Item #21 - CC Agenda - 04/13/2015 Request for Proposals (RFP) for Compensation Study [Page 6 of 7] Item #21 - CC Agenda - 04/13/2015 Request for Proposals (RFP) for Compensation Study [Page 7 of 7] Item #22 - CC Agenda - 04/13/2015 Temporary Part-Time Employees [Page 1 of 1] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 1 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 2 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 3 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 4 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 5 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 6 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 7 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 8 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 9 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 10 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 11 of 12] Item #23 - CC Agenda - 04/13/2015 Licenses & Permits [Page 12 of 12] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 1 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 2 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 3 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 4 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 5 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 6 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 7 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 8 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 9 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 10 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 11 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 12 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 13 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 14 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 15 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 16 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 17 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 18 of 19] Item #24- CC Agenda - 04/13/2015 Claims/Bills [Page 19 of 19]