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HomeMy WebLinkAbout04-27-2020 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 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 and the following members appearing remotely: City Council Members Richard Crosby,II, Matt Johnson,Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson,Development Director Jeremy Barnhart,City Planners Melanie Curtis and Laura Oakden, and Public Works Director/City Engineer Adam Edwards. 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 APRIL 13,2020 2. COUNCIL WORK SESSION MINUTES OF APRIL 13,2020 3. CLAIMS/BILLS 4. APPROVE PAYROLL SERVICES This item was removed from the Consent Agenda. 5. APPROVAL OF RENTAL LICENSES 6. APPROVAL OF HENNEPIN COUNTY 2020 SPECIAL EVENT PERMIT—LONG LAKE ROWING CREW 7. APPROVAL TO ACCEPT DONATIONS This item was removed from the Consent Agenda. 8. APPROVAL TO DISPOSE OF FIREARMS 9. APPROVAL TO DISPOSE OF UNCLAIMED PROPERTY 10. APPOINT SEASONAL EMPLOYEES 11. LA20-000012—SOURCE LAND DEVELOPMENT INC.,LAKEVIEW OF ORONO— RESOLUTIONS 7086 Through 7092 12. LA19-000091—CITY OF ORONO TEXT AMENDMENT RELATED TO GRADING AND LAND ALTERATIONS SUMMARY ORD. NO 245, THIRD SERIES 13. DOCK LICENSE, SITE C 14. DOCK LICENSE, SITE D Page 1 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. 17. LA20-26,JAY POMEROY/ORONO PUBLIC SCHOOLS,2687 WAYZATA BLVD W, SITE PLAN APPROVAL Seals moved, Crosby seconded,to approve the Consent Agenda as revised,with Item Nos. 4 and 7 being removed from the Consent Agenda,and Item No. 17 being added to the Consent Agenda. Item No. 17 was removed from the Regular Agenda. Roll Call Vote: Ayes 5(Crosby,Johnson, Seals,Printup,Walsh),Nays 0. PUBLIC COMMENTS None 4. APPROVE PAYROLL SERVICES Finance Director Olson said his Payroll/Utility Billing Clerk retired. They have been working through replacing her position and discussing options with the Organizational Committee.Through the process they have been talking with various payroll companies such as ADP,Paychex, and Gusto, although Gusto told them the City is bigger than they are designed to deal with. They determined there are some efficiencies to be had by outsourcing the payroll function to a place like Paychex,a lot of which has to do with the benefit administration.Because of the way things have evolved over time,the City finds themselves with 5 different benefit administrators for various plans: 1 agent for the LOGIS Health Care plan;there used to be 1 agent for the ancillary plans such as health insurance and life insurance.Now there is 1 for health insurance, long-term disability, life insurance,and short-term disability. The City was doing their own COBRA administration. However,they did not want to do so because of the potential for a lawsuit, so they added someone who did COBRA administration and then electronic benefit enrollment. As a result, suddenly there are 5 different services used. They cannot be combined in the current method, but if the City outsources payroll,ADP and Paychex would be able to handle the other insurances and act as the agent. He indicated there was a document in the packet that would show the savings experienced by using that type of company.He noted payroll is a necessary function,the City has to pay their employees, and it is just a question of how the City wants to do it. The Committee and Staff determined that outsourcing the payroll function makes sense. Johnson said he wanted to hear from the Organizational Committee regarding this because he knows there was talk about adding another position. He asked if the payroll outsourcing would take away the need for the position. He also referenced Paragraph 2,"Background,"where Gusto indicated they were set up for it. Olson indicated that was a typo on his part; Gusto was not set up for the City. Johnson noted the Organizational Committee could comment on that.He said he did not see proposals from ADP or Gusto and asked if he missed them. Olson said they did not have Gusto included in the information. Gusto was cheaper, but it was payroll processing with no other parts to it. He said Paychex was a much more robust solution. He thought the ADP proposal was available when he talked with the Organizational Committee,but he did not think it got attached to his documents. He stated companies are not always apples-to-apples just because of what Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. different companies can do and how they can do it. The ADP proposal,without some of the human resources components, was down$10-11,000. Johnson commented that he read that the program also takes care of HR functions and employee reviews. Olson confirmed there is a built-in employee review software, which is part of the savings indicated. He noted there are yearly licensing fees associated with the HRWize software. Johnson said he was involved with CitizenServe,which was kind of a Cadillac plan,but noted it needed modifications and didn't speak to the Public Works complaint program, etc.This Cadillac plan is being proposed and the City spent money on an HR program before to do the employee reviews,which the City had for over a year before using it. He stated he wants to make sure the City is integrating the big picture of the City's plan and does not feel comfortable signing up for the Cadillac plan,because it will reduce the man-hours needed but then in the next month,they will be asking for a headcount increase. He suggested that a lower-level plan with less expense may be more valuable if the City is increasing a headcount. He asked if the Organizational Committee had any comments. Printup stated in the Work Session there was an Insurance Committee update,and they thought it was a good idea to start some type of Software/Technology Committee because it is like an onion, everything got layered over time. They need to start peeling back the layers but thought, for the time being, a good move is to recommend the payroll software.There is another meeting in a couple of weeks and they can see how things are going. He said the decision did not take place in a couple of weeks; it has been going on for about 2 years. They talked at the meetings about how to become more"lean and mean"and start looking at efficiencies. He asked Staff to let Rief know if they were struggling so the City can utilize part- time workers,because in a time like this,when people have lost their jobs,more efficiencies will be found. People need to pull together as a team. Right now, it seems like there are walls built, and it is the wrong position for the City to be in. He thinks things are in motion and the puzzle pieces are coming together. Walsh stated Johnson's comments are valid, but with ADP and Paychex the City can morph/change its plans, because you can do those things in the private sector. Having said that,when you are having those future conversations about the new position,that should take into account what the City has just done, in addition to the City hopefully bringing people back to work. Seals agreed that Johnson brought up a good point, because the City needs to make sure they are not being redundant and are solving a problem versus creating one. If the point of CitizenServe was to take care of complaints,then all complaints should be in there. She said Printup and herself would probably dig into it. In regard to an additional headcount,he would hear from Printup and herself. She said they are not in the business of adding headcount anywhere. They have always been supportive of moving the paycheck system to a Paychex-type system, and she thinks that will lift some of the weight off the Staff if they are under water. She would look at the leadership of any organization to be the one that really leads their team in this type of situation, and it falls on Rief and then the department chairs. She said she told her team today that they should all be ridiculously happy that they have jobs during this time and work hard to keep what they have. She noted that if someone is struggling, it is the responsibility of the rest of the team to help lift them up. It is usually not the Council's job to do that, and Staff would not want the Council in their business. Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Walsh asked if the Organizational Committee's recommendation is to follow through on the Paychex program. Seals and Printup indicated Walsh was correct. Johnson moved,Crosby seconded,to approve Paychex for payroll services as presented. Roll Call Vote: Ayes 5(Seals,Printup,Johnson, Crosby,Walsh),Nays 0. 7. APPROVAL TO ACCEPT DONATIONS Walsh noted there were donations discussed at the last Council meeting and more have come in since then. He wanted to recognize and thank the parties who donated items: J. Carver Distillery(Gina Holman) for hand sanitizer for the office and squads; Franz Weiglein for 300 N95 masks; Mark Kroll for 10 N95 masks; Coca Cola(Kurt Ritter)and Mark Roll for organizing the donation of several cases of water and Coke products; and 25:2 Solutions(Eric Jackson)for 28 3D-printed filtered masks. Printup asked if there was or should be a formal"Thank You"by the City for those who donate items. Council members all agreed that was a good idea. Rief stated whichever department receives a donation sends a handwritten"Thank You,"adding that some people want recognition while others do not so it is handled on a case-by-case basis. He will check to make sure it is being handled properly. Walsh stated it would be nice to have something official from the Mayor and Council. Crosby said it might be a good idea, once everyone is back at City Hall,to have a once-a-year group "Thank You"for anyone that wants to show up so they can be thanked in person. Council members agreed that Crosby's suggestion was also a good idea. Johnson moved, Crosby seconded,to accept the donations and thanked the community members for their support. Roll Call Vote: Ayes 5(Seals,Printup,Johnson, Crosby,Walsh),Nays 0. CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORT 15. SANITARY SEWER SERVICE LINE INSPECTION PROGRAM—DRAFT ORDINANCE Edwards said the draft ordinance to establish a sanitary sewer service line inspection program, in particular a point-of-sale-based program,was previously discussed in a Work Session. He is bringing the draft to the Council for any comments or guidance the Council might have before bringing it to them in a final form. He stated Inflow and Infiltration(I/I)is a problem throughout the sanitary sewer system, which refers to clean or clear water entering the sewer system which is processed by both the City of Orono and Metropolitan Council,who handles Orono's sewage treatment. The additional water that gets into the system is expensive in 2 ways: first,it causes rates for Met Council to go up based on the volume of material sent to them; second,when established thresholds are passed,the City receives fines from the Met Council for I/I. He stated the City's I/I program has been fairly aggressive, and the City spends Page 4 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. roughly$250,000 yearly trying to rehabilitate the system. Studies indicate as much as 80%of the I/I comes in via the private part of the system,which is predominantly private sewer service lines.The draft ordinance includes edits to existing City Code which allow for a program of inspections primarily aimed at looking for cross-connections such as sump pumps that are plugged into the sanitary sewer system, etc. The edits are primarily regarding timelines and also to make sure the new and existing pieces of code work together.Also, Code 14-190 has been added,which aims to establish a point-of-sale inspection program. The program will have 2 components: an inspection requirement so that anytime a property is sold that is connected to a sanitary sewer system, it would need to be inspected; also, a compliance requirement that, if not compliant,repairs would need to be made. Meanwhile,for properties that are compliant,a 10-year certificate provided which indicates the property will not need further inspections for 10 years. The cost to implement the program will be just under$20,000 per year in labor and equipment costs,which would be offset by the permit or inspection fee that would be imposed,or each of those.The primary piece of equipment would be a push camera at a cost of approximately$8,000, which is already listed in the Capital Improvement Plan in conjunction with other camera equipment for sewer system work. He will accept comments and bring the document back to the Council on May 20 for final approval. After that he will spend time finalizing things so the program could start August 24. Walsh said he deals with this issue in a lot of cities. He was hopeful that Edwards connected with Marvel Sewer about what they see in some cities and what they are doing wrong and right so it does not become a fiasco.Marvel has said the majority of the I/I is coming from private connections,so even if the City does their job and lines all of their pipes, etc., it can still have tons of water coming in. If Orono wants to keep water rates as reasonable as possible,the inflow needs to be managed as well. He said that in the other cities he deals with,they have to get it done when listing their house for sale. You don't want to wait until it is sold,because then the closer is wondering where their certificate is and you can't close without the certificate. He said word would have to get out to the residents so they know the requirement is out there. Johnson said he is a little concerned about the City's capacity to communicate the information. The draft ordinance includes language that says someone cannot advertise a property for sale without the point-of- sale certificate of I/I compliance. He said the right time to do this would be before someone puts a house on the market so it is not something they are dealing with too quickly. He does not like the point-of-sale for a variety of reasons. Johnson asked how many Orono residents were on city sewer. Crosby stated between 40-50%. Edwards said 60%of the City's housing stock is on city sewer. He asked the Hennepin County Assessing Staff how many transactions there are in the City,which is about 195 sales, so 60%of 195 sales would be sewer properties. Olson said,ballparking it,about 2,250 have sewer connections. Johnson asked whether the formula is based on 130 inspections,which is 5%of the total homes with sewer connections. Edwards said he used the number 195,multiplied by 60%, and then added in a number for residential demolitions,thinking the City would also do the inspection for new-home builds, particularly new-home Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. builds that are on an old homesite where they might try to reuse the service line.He said there is already an inspection requirement for new-home builds such as a pressure test,visual inspection,etc. Johnson asked what makes the point-of-sale the right vehicle to get the process done. Walsh answered that it is opportunity,because they cannot close without the certificate. He said he does not feel a homeowner needs the certificate when they list their house but it has to be done before closing. Edwards commented, on the advertised piece,that may be something that is struck from the ordinance. He said there are allowances that the alternative would be the establishment of an escrow for the new homeowner so they could complete any required repairs. Crosby asked if the inspections can be done in all climates. Edwards stated they could be done all year. Crosby suggested adding language of"within 90 days of sale,"or something similar,to give people more flexibility so they do not wait until the last minute. Edwards said currently the language is 60 days. Johnson stated there is enough consequence built in, because you cannot close on your house. Crosby said the 90 days gives more buffer time to make sure it is accomplished, enough time to do any necessary repairs, and a heads-up. Walsh indicated the bigger issue is that if there is a problem, it can get taken care of.He did not think whether it was 60 days or 90 days would break the bank. If there is a problem, it means water is being poured into the City's system, which causes the City more and more fees from the Met Council. Printup asked if he was reading the draft ordinance right: if someone is putting their house on the market in the near future,they can have it looked at and then it is good for 10 years. Edwards stated he was correct,the idea being that once the City has a complying system,they would issue a compliant certificate that would be good for 10 years.He said they do not need to burden people with inspection after inspection; if the system is good,there would be at least a 10-year life before it would begin to fail. Printup referenced Walsh's comment about getting in touch with somebody that does the inspections and said he thinks it is important to get that hammered out so when somebody goes up to City Hall and they ask questions,there is an information sheet for the residents. He noted they talked several months ago about getting the information piece out to residents because they are not paying any fees for inspections; but when they sell a house,there is going to be this point-of-sale to deal with. Seals agreed that the information would need to be communicated over and over on every channel the City has,the newsletter,the website, etc.,because communication did not go well last time. It makes her not want to make changes if it is not communicated well,because it is unfair to residents. Page 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Printup noted if people misread anything,they might think, "Oh, my gosh, I am paying for more services now."He said that the resident is not paying anything now;this is something for the future. Johnson clarified that they are not directly paying for it. Printup agreed that when a resident decides to leave the City,then they have to upgrade it. Printup asked if the goal was to start the process in August. Edwards stated he was correct, and said once the ordinance has been established,he wants to have plenty of time to communicate it to the City's residents as well as the title companies and realtors. He assured the Council members that he did not invent or dream this up.As they have put this together, he has tried to take the best practices they are finding in neighboring communities that have done it successfully such as Golden Valley, West St.Paul, and Ely. He noted the draft language comes from the League of Minnesota Cities regarding point-of-sale inspections. He said Exhibit C has the language that would be on the website. He would also take the ordinance language and communicate it in a more understandable format and discuss what the process would look like. Printup said when people pick up information that is too much"government-speak,"they throw it away, and having it more user-friendly is a good idea. Johnson noted"neighboring cities"is not a term he would use for other cities that have used this. He sees on the quarterly payments to the Met Council how much money it is costing. He said the people that will be relied upon in large part to execute the process are realtors,because sellers rely on realtors to understand the local rules.He asked who would be responsible for the communication plan. Edwards stated he took it on as his actions,so he considers himself a Staff lead to get the communication plan out. Johnson said he does not think Public Works is responsible for citizen communication, although they should have a part in it.He thinks all communication should be bottle-necked to somebody that is responsible to execute the communication planning. He appreciates Edwards taking responsibility, but the advertising has to go to a point person. This is a big change, and he would like to find another way to get this change. However, if the Council is in agreement with the point-of-sale, any motion made is simply to authorize the drafting of the ordinance for approval along with a communication plan that gets approved by the Council and who is responsible for it. Walsh agreed Johnson's idea was reasonable and said that point needs to be communicated to the realtor association as well as title companies, because the title companies have to manage the paperwork and check off the lists to make sure they can close. Johnson commented that if the title company is the first to bring the subject up,there will be problems, because they are at the end of the process and it needs to be caught at the beginning of the process for the City's citizens' sake. Crosby indicated Rief is the gatekeeper for communication and asked other Council members if they agreed. Seals and Walsh stated they agreed with Crosby. Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Printup moved to approve the Sanitary Sewer Service Line Inspection Program—Draft Ordinance, with communications being placed by the City Administrator to notify the public that this is moving forward. Johnson offered a friendly amendment that it comes to the City Council for approval of the communication plan. Printup accepted the amendment. Seals seconded. Roll Call Vote on the motion as amended: Ayes 5(Crosby,Johnson,Printup,Seals, Walsh),Nays 0. PLANNING DEPARTMENT REPORT 16. LA20-000016—PAUL THOMAS DESIGN BUILD,2710 PENCE LANE, CONDITIONAL USE PERMIT RESOLUTION 7093 Staff presented a summary of packet information. Staff recommends approval subject to the conditions listed. Seals expressed concern regarding the road's current state and not understanding why it is not in better condition,noting that she can understand why people would be frustrated. However, it does not necessarily mean the Council can hold up a Conditional Use Permit(CUP), as they are very unrelated. Mr.Paul Vogstrom, 2731 Eden Lake Road,Hanover, stated the City Council has looked at the violations which are still in dispute regarding the shoreline and erosion control, and said that he does not believe there are any other violations at this point. He stated if there are any questions on violations or restoring the driveway or anything to do with the property, he would be glad to answer them. Mr. William Griffith, 800 Norman Center Drive, Bloomington,representing Greg and Kelli Hueler, said he appreciated Council members asking for the continuance because it allowed the record to be documented with the prior and outstanding violations.He said he submitted a letter previously indicating he believes the Council has legal authority to deny the CUP until the corrections are made. Regarding the violations,the Council does not have to take his word or his clients' word because there is documentation from the DNR, Watershed District, and adjoining neighbors about the shoreline violations,driveway condition, and crossover traffic. He stated Sue Dunkley emailed City Staff essentially admitting to the crossover traffic,which happened after this continuance. He said the condition of the driveway is a violation of subdivision approval in addition to the crossover traffic.His clients have been put in the position of being the enforcement mechanism; they would prefer not to be in that position. They would prefer for these items to be corrected in a timely manner and would prefer to not have to continually contact Staff. He asked the Council to consider not just that it is a property owner dispute,but that it is a City Code violation and regulatory violation. He asked the City to make sure the correction is made.They will oppose the CUP until that happens.He noted that Steve and Sheila Bakke have now corroborated all of the concerns and complaints of his clients. He said both the City and DNR have the authority to correct most of the items. He spoke to Rob Haberman from the DNR enforcement division,who is all but certain that the DNR will prevail and the shoreline will have to be corrected. He thinks the City should use the process as an appropriate mechanism to get the violations cleaned up. Page 8 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Walsh stated Mattick spoke on the issue at the last meeting, who said the City cannot tie something in from an enforcement position to a CUP because it is unrelated. He said unless there is something different regarding the issue,the Council does not have a lot they can do to hold up the CUP. Mr. Eric Vogstrom,2710 Pence Lane, said he wanted to clarify that they feel confident they will prevail regarding the lake violation but agreed it is not relevant in this situation. They have not had an issue with the driveway for a long time. He said he talked to Roger when the frost first came out of the ground,and they have had 90%of the traffic come through Walters Port and a very small amount come in through Pence. The agreement is that none of the people from his place can cross over to the Dunkleys', and it has not happened in a long time. He stated for anyone to allege the traffic from Dunkleys' is coming across from Pence is absolutely ridiculous. He was told once or twice in the last 4-5 months from Roger to fix the driveway. It was done,and he has not heard anything in months about the driveway not being compliant or up-to-speed. He noted all of the violations are for Walters Port, not Pence,and are not related to the Pence Lane project. He hopes the Council members did their research, and they will find that most of the stuff he is saying is correct. Seals moved to approve Resolution No. 7093 - LA20-000016—Paul Thomas Design Build,2710 Pence Lane, Conditional Use Permit. Seals asked if the Council could direct Staff to review the condition of the driveway because she believed that was one of the conditions of the subdivision. She wanted to have Staff review it and keep it a separate issue because they should not be intertwined. Johnson asked if Staff entered a complaint.He said he received a letter and video showing the driveway conditions. He does not know if there is a provision that it needs to be Class 5 or rock, etc. Barnhart stated Staff does not create a Code Enforcement Complaint for each building issue/complaint for active building permits.They work through those with the inspection process. Johnson said in this case,he would recommend entering the most recent complaint from the property owner so they can track that specific complaint about the condition of the driveway. Johnson seconded the motion.Roll Call Vote: Ayes 5(Crosby,Johnson,Printup, Seals,Walsh), Nays 0. PUBLIC HEARING 18. LA20-000023,KELLEY PARROW O/B/O WEIS BUILDERS,2635 KELLEY PARKWAY, RPUD AMENDMENT Staff presented a summary of packet information. Staff recommends approval subject to comments and conditions. Walsh noted the only issue people had was regarding the lights, because they do not want them pointing at them, etc. He said there should be down-pointing lights and asked if that was part of the recommendation. Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Oakden said he was correct and there has been specific language written to only allow downcast lighting, which then aligns with the rest of the signage code. Mayor Walsh opened the public hearing at 6:58 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 6:58 p.m. Printup moved, Seals seconded,to approve LA20-000023,Kelley Parrow O/B/O Weis Builders, 2635 Kelley Parkway, RPUD Amendment,subject to the comments and conditions.Roll Call Vote: Ayes 5(Seals,Printup,Johnson,Crosby,Walsh),Nays 0. 19. LA20-000024,JAY NYGARD. 1380 REST POINT ROAD,VARIANCES LOT AREA, LOT WIDTH,HARDCOVER, SIDE YARD SETBACK Mayor Walsh opened and continued the public hearing to May 26 at 6:00 p.m. Walsh asked what would be happening with regard to the Planning Commission meeting. Barnhart noted Item 21 of the Agenda is discussion of the May Planning Commission meeting, and the intention is to have the Planning Commission hold public hearings in May and Walsh should continue it to the May 18 meeting. Printup moved,Crosby seconded,to continue LA20-000024,Jay Nygard. 1380 Rest Point Road, Variances Lot Area,Lot Width,Hardcover,Side Yard Setback,to the May 18 Planning Commission meeting unless it is canceled due to the current emergency; then it would be moved to the May 26 Regular City Council Meeting. Roll Call Vote: Ayes 5(Crosby,Johnson,Printup, Seals, Walsh),Nays 0. 20. LA20-000025,JOHN KRAEMER,855 OLD CRYSTAL BAY RD S,VARIANCE: AVERAGE LAKESHORE SETBACK Staff presented a summary of packet information. She noted Staff recommends approval. Crosby commented,while looking at the screen display,that the chimney is shorter. Curtis agreed with Crosby. After Curtis displayed a side view of the rendering, oriented everyone, and discussed grade,Johnson asked whether the only additional piece is the little right-hand upper corner which is downward. Curtis,referencing another drawing,pointed out the location of the porch. She also displayed a picture of the current cabin. Walsh said they are making the volume much bigger because they are excavating underneath the cabin to flatten it out from the very front,which is much lower than the back. Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Curtis stated Walsh was correct. She indicated the roof space they would lose is about 4 feet. She said the applicant could probably give the Council the dimensions of the grade drop and roof loss. Walsh said he would be curious to see what the volume difference is,because it is a slippery slope if someone starts cutting into the berm wall to flatten it out to create volume in a different area.The Council does not want to create the opportunity where that becomes the norm. It is a volume issue to him,and as long as it is in the same box/floor plan and the volume is no different, it is 6 of 1,half a dozen of the other. Curtis said in her opinion it is helpful that the average lakeshore setback is a view protection. By lowering it, if there was an impact from a neighboring property,that would lower that impact. Using the aerial photo,she pointed out the tree coverage between the cabin and other property. Walsh asked if the cabin was located in the 0-75. Curtis stated the cabin is not located in the 0-75 and indicated the 0-75 area on the map. Walsh said he thought it was in the 0-75 which is why he was having more of an issue with the volume. Given where the cabin is located, it does not bother him. Crosby asked what the volume beneath the grade was. Curtis stated she is not sure and could not do the measurement while online. She said the architect could address the technical comments. Walsh stated that since it is not in the 0-75, it is not a volume issue. It is an average lakeshore setback and the owner is bringing it lower. Even if it were expanded, it would probably not be that big of an issue. Mayor Walsh opened the public hearing at 7:10 p.m. Mr. Anthon Ellis, Project Architect, Charlie&Company, 212 Third Avenue North,Minneapolis, said he is happy to answer any questions. Crosby asked Mr. Ellis what the volume below grade was. Mr. Ellis said it is just under 3 feet from the existing cabin finished floor to the new finished slab. Looking at the elevation displayed on the screen, he pointed out that on the left-hand side of the drawing there is a sloping solid line at grade and said that it slopes up to meet the new finished floor. However, they are not changing the grade. He stated if you look at the existing cabin photograph that Curtis had, you can see at the front edge of the cabin there is plenum/shade space. The cabin sits up on wood framing, and there is an old fox den beneath the cabin which is essentially open air. They are taking up the lost space underneath the cabin and grading the existing grade down to meet the finished floor height and then feathering the grade back down. It is a subtle change in grade. They are not grading down 3 feet completely on all 4 sides of the cabin;they are maintaining the existing grade on the lakeside. Walsh commented that it needs a little tender loving care and will be beautiful when it is done. Mayor Walsh closed the public hearing at 7:12 p.m. Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Johnson moved,Seals seconded,to draft the findings for LA20-000025,John Kraemer,855 Old Crystal Bay Rd S,Variance: Average Lakeshore Setback. Roll Call Vote: Ayes 5(Seals,Printup, Johnson,Crosby,Walsh),Nays 0. MAYOR/COUNCIL REPORT Crosby reminded people to continuously use local businesses as much as possible,get take-out, and support the people that are struggling during these tough times. Johnson had nothing to report. Printup thanked Staff for keeping the City moving along and forward. He said when things are getting down or a little confusing,keep in mind the millions who don't have the ability to get down at work. Seals commented that the people fortunate enough to be working from home and to continue on should be thankful. There are plenty of Facebook posts about people losing their jobs and things being uncertain. She encouraged people to stay positive. She said their family has decided they are saving money on gas and other things so they are diverting it to other local places and getting take-out. She noted the local newspaper had the Long Lake Liquor Store on it,who had their best month ever. Also,the Long Lake Fire Department was not able to have their annual pancake breakfast. Instead,they challenged residents to send in pictures of everyone eating pancakes. She stated many Orono residents made masks for the Fire Department and local organizations. The lake is open and people are out boating. Crosby said there has been a lot of talk about essential/non-essential businesses. He personally looks at all businesses as being essential to their owners and that their employees, clients,and customers tend to be like family. Walsh echoed other members' comments and sent kudos out to the Police Department for keeping everyone safe. He feels like the light is at the end of the tunnel and hopes it comes sooner rather than later.Although he does not look forward to traffic,he is looking forward to traffic. He encouraged everyone to be safe,wash their hands, and practice smart social-distancing. CITY ADMINISTRATOR REPORT 21. DISCUSS MAY PLANNING COMMISSION Rief said he wanted to have a discussion about whether to cancel the Planning Commission's May meeting and do it at the second Council meeting of the month, or if the City wants to attempt this type of platform with the Planning Commission members on the next round of applications. Staff is looking for feedback because they have to advertise public hearings on April 28. Walsh indicated that Barnhart helped direct the first time, it didn't seem that hard, and Staff has got it down pat. Worst-case scenario, Staff can work with the Planning Commission to get them through their public hearings. He would like to get them re-engaged and back in the process. He said the public is used to going to the Planning Commission meetings to give their story to them and answer questions. He is in favor of having the Planning Commission up and running in May. Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Seals said if they are not on the Planning Commission liaison for the meeting, normally they can just watch the meeting. She asked if that still applied or would it be different now and become an open meeting rule violation. Rief stated as long as she is an attendee it is okay, because they do not allow comments or any communications from attendees because they are all muted. Seals said it is nice to watch the interchange and hear how the conversation goes. She always tells herself she will go back and read the notes but does not. Johnson stated he is in favor of getting the Planning Commission back in the loop,adding that no one knows how long this will go on. They vet out a lot of things which helps the Council be more efficient. Crosby,Printup,and Seals indicated they agreed. Rief said he sent an email the previous evening about policy issues, but after talking to Mattick and Staff, they felt they needed to vet that better before it was brought to the City Council.He discussed the transition of non-essential workers. He stated the City is working through Executive Order 20-40 and all of the components prior to that and how that impacts Staff bringing anybody back into City Hall,the parks,and anywhere else the City provides services. They are working to make sure there is appropriate cleanliness,keeping the safety of the employees in mind. Currently,the City has enough vehicles to handle all of their full-time Public Works employees. In the Police Department,they sanitize the vehicles between shifts to ensure limited contact. When the City adds seasonal and part-time workers for the outdoors,there are not enough vehicles. The City is trying to work through a process of how to ensure that if there's more than one person in the vehicle,they are both safe and there is no back-and-forth contamination. He stated part of the process is to adopt a formal Leave Plan in accordance with Federal laws and State guidance.No changes have been made to that since April 17, so Staff is able to better outline what is authorized/unauthorized and how to handle any leave associated with COVID-19 of any Staff or their family members. They are also making sure they are meeting the requirements for separation. Currently, at City Hall there are a limited number of people,and they plan to keep that as limited as possible. They want to make sure that when someone comes in, even if it is on a separate day, they have their own workspace. Rief commented that the golf course was open the past weekend and they are working on plans to accommodate more COVID-19 stuff and how to allow the use of golf carts. They are trying to limit interactions and looking at best practices as far as what other golf courses are doing,and working on a method to provide beverages through a window rather than people coming indoors. They are doing a phased-in approach at the golf course to make sure employees and those using the golf course are kept safe. Rief stated a number of comments have come up about the brush site. They are challenged on leaving it open on Saturday mornings;they have had some illegal dumping.Now that there is an attendant,they will work on a way to limit it to resident-only use; commercial use might be phased in as they get through the rush of the other stuff going on. He said part of the concern is how to handle transactions on the commercial side, and they might end up sending an invoice in the mail rather than at point-of-sale. Seals asked what the illegal dumping consisted of. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Rief said he believed it was a sofa,TV, and another item which he could not remember. They posted limited use/residents-only, and had a 40-yard truck dump on that day. They have the area under video surveillance,so they talked to them and are trying to make it work for both parties. Seals noted, if the area is under video surveillance,they should probably know who dumped the couch and TV. Rief agreed and said part of the challenge is being able to identify the license plate, etc. Printup said although illegal dumping and other stuff goes on there, it still is a very successful thing for the residents. He is glad it is open,even though it is limited, and it is good that it will be attended now. Printup, referencing the Executive Orders details, stated those points were talked about at the Emergency Council meeting and they should be moving along. Rief stated there have been some changes since then,and Mattick and himself fall back on whatever the law states.There have been 8-9 legislative changes related to HR-type policies.There are 41 different Executive Orders,and they are trying to sift through and make sure they catch everything. Part of Number 40,to bring non-essential workers back, is to actually outline it as a policy. They are taking a summary of all the other ones and putting it into one document. Rief also said the Long Lake Fire Department received 650 masks, and he thanked everyone. Regarding the communications plan,he will work up a Memorandum and plan. In addition,he said he is getting feedback from department heads that people are experiencing low morale due to the uncertainty of things. Department heads have also reported they are dealing with a lot of angry people. He said everyone has a little more stress right now, including having kids at home,and between teaching and working,they are working 18-hour days and it is starting to wear on them. He noted the City of Orono cannot control what other governments do above it and just reacts as best as possible. Seals said Riefs point is valid; and if you can't control it,you have to figure a way around it and make the best of the situation. She discussed her child's homework situation. She is looking at it as, it is 1'/2 months of school and they will figure it out. She has the same theory regarding work,that it will all work out and there is a light at the end of the tunnel. Printup stated it's about people pulling together and supporting each other. If the workload gets a little out of hand,the City needs to get the part-timers going. Seals said Printup had a good point and if Staff feels like they are under water,the City Council is willing to support them with additional contracted Staff,but then they have to take the help also. Crosby commented that the City has to acknowledge what Staff is feeling, let them know they understand, and that everybody is feeling the tension,anger, and pressure. He thinks that is going through all communities. He talked about letting Staff know there is a light at the end of the tunnel; it will not be forever and it will pass.Their feelings are completely legitimate and understandable and the Council empathizes with them; however, it does not change the fact that we all have a job to do. Rief said he has been communicating 1-2 times a week as far as changes on the legislative side and how it can potentially impact Staff. He has received comments thanking him for doing that. He stated the social aspect of work is out the window and they have been holding a weekly event where Staff can interact and ask questions,which helps;but change is hard. Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. Crosby thanked Rief and said, as a Council,they appreciate his extra effort. Johnson said he looks at things a little differently and that people need to adjust. People have jobs to do. The City is set up to serve its citizens, and if the City is getting more calls from angry citizens,they should be asking what they can do differently,because it may be a result of a level of service the City is missing. He appreciates all the complexities that go into this for all of the families and noted it's important that we keep doing our jobs.He asked what the volume has been for the City. Rief said they have had a larger number of inquiries related to remodeling and those types of permits for the month of April,although he does not have a number. There have also been calls relating to utilities, which generally happens after the quarterly billings go out.As a result,the month of April was busier than the previous 2 months combined just to meet those demands. Regarding why people might be angry, he dealt with 2 calls earlier about the brush site. Staff is addressing as much as they feel is safe to do because of the conditions. That is how the City is treating the golf course also. He stated they also had an emergency utility shut-off on Casco Point,which shuts off everyone. Because it was such a hurried situation, Staff did not have the time to get door hangers, which is usually handled by the part-timers who have been considered to not be essential.He said they posted a sign on the road,but noted if no one is driving, it would not be seen.Now they will be able to do it with the part-time staff,just like in the past. Walsh said he would not characterize 1 of the brush site calls as angry,because I person called him and he told the caller to contact Rief. He would consider it a more colorful conversation. He said sometimes people do not understand why and they think they have the solution and it is more of a talk-through. Printup noted if he had 2 angry calls a day,that would be a good day. Johnson indicated that his email address is not on the website. Rief stated he would fix that. Johnson told Rief he is interested in learning the data behind his report about numbers doubling in April. He said it would be very helpful to get some visibility as far as what Staff is undertaking and that if there was a more formalized process, it would be very beneficial. Seals agreed with Johnson and said a word like"double"could mean going from I to 2. It would be good to see data if the City Council wants to fully understand phrases like"things are getting crazy." Johnson said that would allow the Council to see what department is struggling rather than a blanket statement such as"all the department heads indicated their people have low morale."There may be areas that need more support and there may be areas that need recognizing for adjusting and adapting such as Police Officers and Public Works, who are being asked to do tougher things right now. Rief agreed and said he will compile some information. Printup wondered what the succession plan is for each position, who backs it up, and said if it requires a part-timer to back it up,they are going to back it up,because City business has to get done. CITY ATTORNEY REPORT Page 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 27,2020 6:00 o'clock p.m. None ADJOURNMENT Crosby moved,Printup seconded,to adjourn the Orono City Council meeting at 7:45 p.m. Roll Call Vote: Ayes 5(Seals,Printup,Johnson, Crosby,Walsh),Nays 0. ATTEST: ana_ 40, Anna Carlson,City Clerk Dennis Walsh,Mayor Page 16 of 16