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HomeMy WebLinkAbout07-27-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 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, Aaron Printup, and Dennis Walsh. Representing Staff were Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, 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. 3, 8, 11, 14, 16 and 17 were added to the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF JULY 13, 2015 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of July 13, 2015, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS — KEVIN LANDGRAVER, REPRESENTATIVE Landgraver stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Jim Mandel, 3155 North Shore Drive, requested the City of Orono to review their ordinances regarding fences and lighting. Mandel stated over the past several years their neighborhood has been negatively impacted by certain activities that are violating the intent of the ordinances that currently exist, and for that reason he and his neighbors would like to have those ordinances revisited. Mandel noted these type of activities have a negative impact on their property values. Mandel indicated he can provide before and after pictures of what is occurring. Mandel stated in his view it is pretty clear some of these activities are occurring out of spite and that there are spite laws that exist in Minnesota that these activities would fall under. Mandel stated in his view he does not feel it is his obligation to adjudicate these issues and that he will make himself available to provide any input the City may require. Page 1 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT *3. #14-3678 ARCHITECTURAL LANDSCAPE DESIGN ON BEHALF OF BRET AND JENNIFER RIEMENSCHNEIDER, 835 FOREST ARMS LANE, VARIANCES —RESOLUTION NO. 6525 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6525 , a Resolution Granting Variances to Municipal Zoning Code Section 78-1279(6), for the property located at 835 Forest Arms Lane. VOTE: Ayes 5, Nays 0. 4. #15-3712 CITY OF ORONO, AMEND CITY CODE SECTION 86-70 BUILDING PERMIT EXPIRATION — ORDINANCE NO. 151 Community Development Director Barnhart stated earlier this year the City Council and Planning Commission reviewed some potential changes to the building code and directed Staff to look at the time period for when building permits expire. At times the length of time between the start and finish of a building project can cause negative impacts to the neighborhood, such as erosion, vandalism, and other issues. The existing code, entitled Permit Expiration, regulates the time period for which building permits are valid. Its requirement that building, both interior and exterior, be completed within a specified period of time may be difficult to enforce as the building code does not give cities that authority. As a result, Staff is proposing this draft ordinance which requires that the exterior of the building be completed within 180 days. This is intended to protect neighborhoods from the disruptive nature of ongoing exterior construction. Interior modifications could continue to occur as long as the work continues as required by the building code. An abandoned permit, which includes a building permit in which no work has been completed within 180 days, would require a new building permit to be issued and fees paid. Staff recommends approval of the ordinance as drafted. Council Member Levang noted under Section 1, Item b (1) includes the language "according to the approved landscape plan." Levang asked whether that means there has to be a landscape plan anytime someone is building. Barnhart stated currently there are rules regulating the minimal stabilization of soils during construction, which is basically grass to prevent erosion. At times there is also a larger requirement for an overall landscape plan. Barnhart stated his interpretation of b(1) relates to minimal stabilization of the soils. Page 2 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 4. ##15-3712 CITY OF ORONO, AMEND CITY CODE SECTION 86-70 BUILDING PERMIT EXPIRATION -- ORDINANCE NO. 151 (continued) Mayor McMillan stated 180 days is definitive and asked what would happen if a project is not completed during that time. Barnhart stated the City has a two-year time limit for the building and that this ordinance is just limited to the exterior. Council Member Walsh stated he has a concern with the 180 days given the fact that some people install sprinkler systems or other similar items once the project is completed or near completion. Walsh stated he does not want to penalize someone who is making good progress on their project by requiring them to get another permit. Barnhart stated the City Council has the ability to change the 180 days in the ordinance. Barnhart noted next month he will be bringing before the City Council another ordinance that addresses extensions of building permits. Walsh asked what the City of Elk River did to address this issue. Walsh indicated he would be more comfortable with 9 to 12 months. Walsh stated if a window order is delayed, that could delay the project by two months. Barnhart stated Elk River required at least one inspection every six months, which is intended to see if progress is being made on the project. Barnhart stated technically someone could pound in one nail a year and say that they are making progress. Barnhart stated the main issue with projects being dragged out relates to people running out of money but that results in neighbors having a partially constructed building. Walsh stated this ordinance will not solve that problem and that he would be more comfortable with a longer time period. Walsh noted the construction season can be pretty short in Minnesota and that unanticipated delays can occur which may result in the project taking longer than 180 days. Walsh stated he would rather start with a year limit and that the Council can always shorten that up if necessary. Council Member Printup stated he likes that idea. Council Member Cornick stated that is reasonable. Walsh moved, Cornick seconded, to adopt ORDINANCE NO. 151, Third Series, an Ordinance Amending the Orono Municipal Code by Amending Section 86-70 Regarding Expiration of Building Permits, with the time period being extended to one year. VOTE: Ayes 5, Nays 0. Page 3 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 5. #15-15-3739 GEORGE STICKNEY FOR BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH -- PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6526 George Stickney, Applicant, was present. Senior Planner Gaffron noted at the July 13 meeting, the City Council voted 4-1 to direct Staff to draft a resolution for preliminary plat approval based on site layout Plan B, which calls for three lots along Hunter Drive, and Road Option B, which places the cul-de-sac at the base of the hill with a road width of 20 feet. A resolution has been prepared incorporating appropriate findings and conditions of preliminary plat approval for Council consideration and adoption. Mayor McMillan asked whether anyone from the public would like to comment on this application. Marylyn Miller, 2005 Xanthus Lane, Medina, stated she has some concerns about this development and that she only heard about this development recently. Miller indicated she is a resident in Imperial Hills and that she has lived there for 49 years. Miller stated her concern is that Orono is only part of the Mooney Lake shoreline and that Medina and Plymouth also have shoreline on Mooney Lake, with Plymouth having a larger shoreline than the other two cities put together. Miller stated it was her understanding when something like this takes place that the residents are notified by mail that it is taking place. Miller expressed concern that a number of the residents on Mooney Lake do not know about this proposed development. Miller stated her first concern is that the old forest will go and that her other concern relates to the five large homes proposed to be located on the lake. Miller indicated Mooney Lake only consists of 111 acres and is very shallow with no input or outlet. As a result of the new homes, Miller stated in her view the impact to the lake will be considerable. Miller stated she is irritated the residents on Mooney Lake were not notified about this application. Miller noted she owns a small cabin in Wisconsin and that she is notified whenever something takes place on the lake. Miller stated while the proposed development might be legal since the property is in Orono, in her view it is highly unethical since not everyone was notified. Miller suggested the City Council table the application until all the residents on the lake are notified about what is going to take place on the lake. Gaffron stated the standard notification was sent out to adjoining property owners within 350 feet of this parcel and that it was also published in the City's legal newspaper. Gaffron noted the Planning Commission has held two public hearings on the application and that the City Council has also reviewed it twice. Page 4 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 5. #15-15-3739 GEORGE STICKNEY FOR SPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6526 (continued) McMillan stated the City has a standard notification for throughout the City and that they do not tend to deviate from that. City Attorney Mattick stated according to MN Statutes, the City has to notify someone within 350 feet of the site. Ann Haley, Mooney Lake, stated she is grateful she gets to live on the lake but that she was not told about this proposal. Haley stated one of the Council Members seems to be very friendly with this builder, which she is scared about, and that all the residents on the lake have a right to know what is going on unless they want a bunch of lawsuits from angry homeowners. Haley stated every time there has been a development on Mooney Lake, the lake has taken a hard hit because it is not spring fed and does not have an inlet. Haley stated the lake is shallow, currently smells, is really gross and has a lot of blue algae. Haley stated Mooney Lake is not the greatest quality of lake and that there are already quite a number of homes on it. Haley stated there are also lots of videos with Mr. Dayton saying that this land will not get developed and that this is proposal is not the greatest solution. Haley requested the City Council table the application so the residents can speak with Wendy Dayton about other solutions. Haley stated the only people that will benefit from this are George Stickney and Wendy Dayton and that the only reason she learned about it was that the Star Tribune called her for a quote about the proposal. Haley stated the City Council needs to hear from the residents on the lake. Haley stated it feels like this proposal is under the table and that the City does not want to notify people because they do not want them to complain about it. Haley indicated the residents have been paying for the cleanup of the lake for the last five years and that this development will set them back again. Haley stated in her view the majority of the residents on the lake will fight this development. McMillan noted she did speak with Ms. Haley about this proposal when it first came up. Haley stated at that one meeting it was just a plan but now it is all approved. Haley noted Peter Rechelbacher offered to purchase the property and preserve it as is it now but was turned down because he was not able to pay for it in two years. Haley stated in her view all options have not been considered and that developers have too much control over where people live. Haley stated approving the preliminary plat would be a disservice to everybody on the lake and that in her view it is not too late to change things. Page 5 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 5. #15-15-3739 GEORGE STICKNEY FOR SPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6526 (continued) Marilyn Miller stated it was brought up that the notice was printed in the newspaper. Miller stated people nowadays do not read newspapers and that she get her news on the TV. Miller stated the notice should be sent to people's doorstep so they know what is going on and that she is not sure why Orono does not notify every resident on the lake. Miller noted she also has property out in Montana and that she is notified of anything going on within a very large area but that Orono cannot send a letter. George Stickney, Applicant, stated there were approximately 20 people in attendance at the first meeting and that he was told by Mr. Rechelbacher that he was going to invite all the neighbors to the meeting. Stickney stated based on 60 people, everyone is paying approximately $160 a year towards the lake and that he had indicated he would be willing to make a donation to the association before the development was finished and then increase it for the next couple of years to help improve the quality of the lake. Stickney noted he is adding six more units to the lakeshore area and that he could legally have added more. Stickney indicated it was his understanding that Peter Rechelbacher would notify all the residents on Mooney Lake and invite them to every meeting. Ann Haley questioned how Mr. Stickney could do this to the residents. McMillan stated in her view this is a good preliminary plat and that over the past several months there has been a lot of discussion about how to develop this property. McMillan noted the proposal leaves a large portion of the property in its natural state and that in her view it is one of the best developments for this area. Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6526, a Resolution Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at 300 Sixth Avenue North. Walsh stated given the efforts by Mr. Stickney to preserve the natural areas and to limit the number of lots, he will be voting to approve the preliminary plat. Levang suggested the next steps in this application process be enumerated for everyone in attendance tonight and for anyone who may be watching the meeting at home. Gaffron stated the developer has a significant number of conditions that he has to meet in order to gain final plat approval, which will likely take from a month to six weeks. Gaffron noted final plat approval will only occur at a City Council meeting and will not be going before the Planning Commission. Page 6 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6526, a Resolution Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at 300 Sixth Avenue North. (continued) In addition, the City Engineer will be reviewing the plans and making recommendations. Gaffron stated it will likely be late August or early September before it will be back before the City Council. VOTE: Ayes 5, Nays 0. 6. #15-3744 JOHN SRUNELLO,190 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6527 City Planner Curtis stated the applicant is requesting lot area, lot width, and side street variances to allow construction of a new residence on the property to be situated 30.5 feet from the Woodhill Avenue side street lot line where a 50 -foot setback is required. All other setbacks will be met. On June 15, the Planning Commission held a public hearing and reviewed the application. Comments were made during the public hearing and additional written comments were received. The Planning Commission voted 6 to 0 in favor of approval of the variances. In addition, the Planning Commission recommended submittal of the following: Elevation plans for all four sides of the proposed home. 2. A revised survey showing the revised driveway location and associated grading; spot elevations in front of the proposed garage and at the curb cut location; the driveway location of the neighbor across the street at 1315 Woodhill Avenue, including spot elevations at the 1315 Woodhill Avenue curb cut and at the top of the driveway. 3. A proposed landscape plan. Curtis noted the applicant has submitted all the recommended items. Staff recommends approval of the variances and a draft resolution has been provided for Council consideration. McMillan noted she received a letter from one of the neighbors and that there may be some people in the audience who would like to comment on this application. Jane Delaney, 1315 Woodhill Avenue, stated she has some concerns and questions she would like answered. Delaney stated she would like to see some landscaping on the plan. Curtis stated the landscape plan is separate. Curtis pointed out the driveway entrance to this property and Ms. Delaney's driveway on the overhead. Delaney asked what the.rock construction entrance is. Page 7 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 6. #15-3744 JOHN BRUNELLO,190 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6527 (continued) Curtis indicated that is a driveway that will be used during construction and will be removed following construction. Delaney stated the one thing about the Planning Commission meeting was that every application before and after this was all about trees. Delaney stated to her knowledge only one Planning Commissioner has reviewed the property and that there needs to be some further discussion about what is being proposed. Delaney noted the neighbor on the other side of the subject property is also here tonight. Delaney stated following this project, there will hardly be any trees left on the property and that the tree on the landscape plan to the east is a boxelder tree. Delaney stated none of the trees are tagged on the property so it is difficult to know which ones the applicants are referring to. Delaney noted some of the proposed landscape is also within the City easement. Delaney stated the applicants are applying for a variance and that she is wondering if it needs to be that much since everything that is being planted is within the easement. Delany questioned whether granting a variance based on a large city easement is fair and that she is not going to get the same kind of consideration since her easement is only three to four feet. Delaney noted the Council's packet says that given the large city easement is one of the reasons Staff would recommend granting the variance. Joseph Rokke, 180 Orono Orchard Road, stated he has lived in this neighborhood since 1973 and that he is happy someone is thinking about putting a house on this piece of property since it has been sorely neglected for a number of years and currently is a haven for squirrels, raccoons and mice. Rokke indicated he studied art in college and became a fan of Frank Lloyd Wright, who always said you should build the house that is right for the land. Rokke stated if the garage were moved to the other side of the house towards Woodhill, it would change the configuration and that it is now all hardcover. Rokke stated he has eight steps from his garage up to his kitchen level, which he understands is not the current trend, and that they have to have the garage at the same level as the living area. Rokke stated in his view it would not take a lot of work to change the plans and save the trees. Rokke stated he also did a walk-through of the lot. Rokke pointed out a 48 -inch oak tree on the overhead and stated that in his view it is 150 years old and that there is another one that is 44 inches. Rokke noted there are trees shown on the survey plan, but there is not one tree shown on the survey plan in the front of the house. Curtis stated the trees are shown on the plan that was submitted but do not show up on the overhead. Curtis indicated the survey does represent the trees on that portion of the property. Page 8 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 6. #15-3744 JOHN BRUNELLO,190 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6527 (continued) Rokke stated there are dozens more trees in the right-of-way that also do not show up on the survey. Rokke indicated his point is that it is his belief there will be at least 20 significant trees damaged or destroyed by the building plan as shown. In addition, the turnaround for the driveway will be within feet of the 150 -year-old oak tree and the driveway will eliminate two 75 - year -old trees. Rokke stated research says that an oak tree has a root system that is sometimes four times as large as the crown of the tree, which means that the whole front part of the property is all crown oaks. Rokke stated as a result, every tree on this piece of property will be affected and there will be at least 20 or more trees that will be lost or likely lost due to root damage. Sally Kerr Ekstrom stated when she and her husband purchased that house, it was due to the magnificent trees and the view of the golf course. Ekstrom stated when they got ready to sell their house in 1976, they wanted to put an addition on the back of our house but that Orono said no because it was marsh land. Ekstrom stated the house as proposed will be right over that piece of property and that she would encourage the City Council to reconsider. Ekstrom stated it is a beautiful piece of property and deserves something a little bit nicer than what is being proposed. Delaney stated she hopes the applicants have to replace some of the trees with larger specimens since it would be a good buffer to her house. John Brunello, Applicant, stated there are a lot of trees on the property and that it is not customary to include every tree on the survey. Brunello stated as far as the driveway is concerned, before they came up with the footprint for the house, they had to consider the location of the driveway. By putting the garage on the other side, it would force a house with a tuck - under garage due to the elevation, which is something he would not do on an expensive house. Brunello stated they also looked at locating the driveway off of Orono Orchard Road but that it is rather steep and would not be a workable plan. Brunello stated they designed it so the driveway comes around the house and enters the way it is depicted. Brunello noted initially they came in for a variance for a setback but that the City has since asked them to provide four elevations. Brunello stated in essence, when you have four elevations, you are designing a house, and that he does not want to design a house for a variance he does not have yet. Brunello stated he was forced to quickly design a house so everyone can see what is being proposed and that it normally takes weeks or months to design a proper house. Brunello indicated what is being shown is a simplified design of what they want. Brunello indicated they will save what trees they can. Brunello stated he has built in Wayzata a lot and that he has saved plenty of trees there. Brunello stated the City Council can drive by those houses and they will see 100 -year-old trees within feet of the homes. Brunello stated removing trees is expensive and that they will not just start cutting trees down but some trees will need to be removed because of the driveway. Page 9 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 6. ##15-3744 JOHN BRUNELLO, 190 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6527 (continued) Jeff Jagwell stated he is a part-owner of the property and that they have spent a lot of time carefully planning and designing a house that would fit on the property. Jagwell stated the property will require a variance for something to fit there and that they did the best they could to minimize the footprint of the house on the lot. Jagwell stated he can attest to what John Brunello said about the trees and that he has watched him for years on tree preservation. Jagwell stated he once saw him drill 300 holes around a tree in Wayzata to preserve it, which was successful. Jagwell stated they are very cognizant of the impact on the neighborhood with the proposed project and that they will pay attention to the neighbors' concerns as well as the City's recommendations. McMillan asked if it would be a 30 -foot setback. Curtis indicated that is correct. Sally Ekstrom asked whether that has changed through the years. Curtis indicated it has. Levang asked Staff to point out the property lines for this site. Curtis indicated it is the heavy black line. Levang asked where the easement is. Curtis stated there is not an easement but there is a right-of-way platted. Curtis pointed out the area of the right-of-way on the overhead. Levang asked if that area of right-of-way has been included in the calculations. Curtis indicated it has not been. Curtis stated the 30.5 feet is measured from the property line and that the discussion about the additional length of right-of-way related to the additional space that is between the road and the house, which Staff is not giving them credit for it. Curtis stated the applicants are asking for a variance from it but that they are not receiving a credit. McMillan stated in order for the house to conform, it would need to be pushed more toward the Rokkes and that the variance helps to center the house on the property. Page 10 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 6. #15-3744 JOHN BRUNELLO,190 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6527 (continued) McMillan noted there are some large trees that are around the present structure, which is a tear down, and in order to construct a new house, there will be some tree loss. McMillan stated she does not see a way around the tree loss. Delaney asked Mr. Brunello if he planning on taking all the trees down. Brunello indicated taking trees out is expensive and that he will not be removing all of them. Brunello indicated he has not gone through them but that he is aware some of them will have to be removed. Delaney stated it would be nice to have them tagged so they know which ones will be staying and which ones will be going. Delaney noted these are fairly big trees. McMillan stated she understands the neighbors' concerns, but the City does not have anything in their code that requires people to preserve the trees outside of the 75 -foot area and that it is their decision. Walsh stated as the application moves forward, it sounds like the applicants might be designing a different house or modifying the house. Walsh stated it also sounds like the applicants want to preserve as many trees as possible, and that in order to be neighborly, he would encourage the applicants to meet with the neighbors. Delaney stated she does not understand why there is so much discussion revolving around trees on other applications but on this application there was not much at all. Walsh stated those discussions probably relate to conservation issues. Walsh noted if it was not for the setback variance, the applicants would not need to appear before the City Council and that they could simply build the house. Delaney stated she is not opposed to a house being there either. Levang stated it sounds like the plan is kind of fluid, which is confusing since Mr. Brunello said it was put together quickly and then Mr. Jagwell said it took a lot of time. Levang asked the applicants if they are planning on changing the plan and whether they will have a deck facing Woodhill Avenue. Brunello stated what they spent the most time on was the actual footprint of the house and that it is not a very big house. Brunello stated this initially was a variance request and not a full design. When the City asked for elevations, that was when they had to come up with a plan very quickly. Page 11 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 6. #15-3744 JOHN BRUNELLO, 190 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6527 (continued) Brunello stated in his opinion the elevations are a simplified version of what will fit on the property. Levang asked if the footprint is going to change. Brunello stated the footprint should not change at all. Levang asked if he is planning on having a deck that would face Woodhill. Brunello stated there is a screened -in porch and a deck that faces east or towards the wetlands, which should not change, but nothing that faces south. Brunello stated that should not change and there should not be any more items protruding to the south of the house. Walsh stated the applicants are working with a basic footprint, which should not really change. Brunello stated he did not know the tree preservation would be such an issue since he is just trying to get the footprint approved. McMillan stated in her view people would probably prefer some of the trees in the front for privacy from the road but that it is the property owner's choice. Brunello stated due to the proximity of the golf course, they will open up a view corridor for that, but that they will keep as many trees as they can. Levang asked if the driveway will fit two cars. Brunello indicated it would be a one lane driveway. Levang encouraged the applicant to save as many trees as possible. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6527 , a Resolution Granting Setback Variances from Orono Municipal Code Sections 78-420, for the property located at 190 Orono Orchard Road South. Cornick asked if the width of the driveway would change. Brunello stated the width of the driveway will likely change and that the driveway on the plan appears to be wider than what will be constructed. Delaney stated it is 20 feet wide. Page 12 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 6. #15-3744 JOHN BRUNELLO, 190 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6527 (continued) Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6527 , a Resolution Granting Setback Variances from Orono Municipal Code Sections 78-420, for the property located at 190 Orono Orchard Road South. Curtis stated the legal buildable area is within the 30 -foot setback from the property to the north, the 50 -foot setback from Orono Orchard Road, the 35 -foot setback from the wetland, and the 50 -foot setback from Woodhill. Curtis stated if the applicants were to change the footprint slightly to extend up to the wetland area or in a conforming way in the legal building envelope, they can, and that the granting of the variance will solidify the portion within the 30 -foot area. Curtis stated she does not expect the applicants to change anything between the two setbacks as it relates to the footprint of the house. McMillan stated they could move the footprint slightly. Curtis indicated that is correct. Jagwell stated the only thing that might change on the footprint is that it might actually get smaller. VOTE: Ayes 5, Nays 0. 7. #15-3749 HOMESTEAD PARTNERS, 185 AND 225 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6528 Gaffron noted the City Council reviewed this application at their last meeting and directed Staff to prepare an approval resolution. That resolution has been prepared and Staff is recommending approval. Levang asked if there is going to be a monument proposed. Gaffron stated to his understanding the applicants are planning on doing something on either side but that no formal plans have been prepared yet depicting that. Gaffron indicated the Council would certainly see that at final plat approval. McMillan noted there is no requirement for one. Matt Hanish, Homestead partners, stated their intent is to put a monument in and that it most likely will be in the northwest corner since there is a power pole on the southern corner. Mayor McMillan asked if anyone from the public would like to comment on this application. Page 13 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 7. #15-3749 HOMESTEAD PARTNERS,185 AND 225 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6528 (continued) Scott Goldsmith, 265 North Old Crystal Bay Road, stated there is a boundary line dispute that is to the cast at Old Crystal Bay Road. In some places it may be like a foot, but as it goes to the west, it ranges on our property between six and ten feet. At the northwest corner it is approximately eight feet. McMillan noted the Council is aware of that from the last meeting. Goldsmith stated he does not understand why they are where they are with this application. Goldsmith stated the City Council really has three broad possibilities: One, they can approve the plat as proposed. The effect of that would be platting his property as part of this development to the tune of six to ten feet along the south end of his property. The second option would be to say, well, when you come in and ask the City to plat property, it has a responsibility of demonstrating to their satisfaction that it is the applicant's property that they are platting. The third possibility is to say, well, there's a dispute here, is there a way to plat the property so that the dispute does not get in the way. Goldsmith stated clearly, depending on where the boundary line is, there are setback problems and plat problems since the property would have to be re -platted using the existing lines marking out the lots, which would result in two of the lots being less than two acres. In addition, the utility easement would create problems with some of the septic sites. Goldsmith stated in his view it seems that the first option is unwise and creates a problem because, as a practical matter, he would be forced to file a notice of a claim to that portion of the property being platted as part of this development. Goldsmith stated in his experience, that would mean that those lots are not going to sell until the property line dispute is resolved, which could take anywhere from 18 to 24 months. Goldsmith stated that is creating problems that do not need to be created. Goldsmith noted the City Council stated they could not decide the property line issue at the last meeting but that is exactly what they are doing in deciding that the applicant's property line takes precedence over the fence line. Goldsmith indicated the fence line has been there for at least 50 years. Goldsmith stated he cannot ask the Council to decide if this would be an adverse possession, but that if the City Council decides to go ahead with the project, they are, in essence, deciding that point in favor of the developer. McMillan stated the City Council is looking at a certified survey from the applicant and that they do not have anything from Mr. Goldsmith showing that there is a dispute. McMillan stated to her understanding the fence is not a certified piece of the survey. Page 14 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 7. #15-3749 HOMESTEAD PARTNERS, 185 AND 225 OLD CRYSTAL SAY ROAD NORTH — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6528 (continued) Mattick stated City Code requires a certified survey. Mattick stated asserting an adverse possession claim based on Mr. Goldsmith's assertion that he has acquired some of this land would take an affirmative act by him to assert his rights. Mattick stated he and the City Council are not going to weigh in on whether Mr. Goldsmith has a valid claim and that the City is not saying the developer wins and Mr. Goldsmith loses since the City Council cannot decide that. Mattick stated City Code requires the submittal of a certified survey, which the applicant has done, and if a decision comes in between preliminary plat and final plat, the City will need to look at that. Mattick stated at this point the applicant has met the requirements of the code that they own the property with the survey. Goldsmith stated he is not disagreeing except for the last point, which is clearly that the existence of a maintained fence line gives some indication of a potential dispute that could be resolved one way or another. Goldsmith stated the City is not absolved of the responsibility of platting the property and that in his view the only point here is if, in fact, City wants to find out in 24 months that the lots are too small, the setbacks are insufficient, and the building pads will no longer work. Goldsmith stated it seems to him that when there is a clear indication of a maintained fence, the City should not step blindly into it based strictly on a survey when there are clear indications of adverse possessed property and a practical boundary line that has existed for 50 years, the City. Mattick stated Mr. Goldsmith has to prove that claim and he hasn't at this point. Goldsmith stated that is something he will do if he is unable to resolve it, but that the City should not start with the presumption that those two type of claims will not trump the survey. Goldsmith stated right now all they know is that they have a fence line that is clearly six to ten feet south of where the survey line is. Mattick stated if Mr. Goldsmith establishes it legally, that would trump the survey, but at the present time there is nothing to validate that. Goldsmith stated if that is the case, the applicant is going to end up with substandard lots, substandard setbacks, and utility easements and other things that are wrong. Goldsmith questioned why the City Council would do that. Goldsmith noted it will likely take him 18 to 24 months before this matter is resolved and that it seems to him there is some obligation on the part of the applicants to say that they are going to plat this property and that they will be claiming six to ten feet on the north side of this fence. Page 15 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 7. #15-3749 HOMESTEAD PARTNERS, 185 AND 225 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6528 (continued) Goldsmith stated that should be taken into consideration. Goldsmith noted the applicants have not previously mentioned that there is this dispute and that he was not aware of it until after the Planning Commission meeting when they placed a stake on his side of the fence. Hanish stated they have rechecked the boundary lines and they match the legal description and the deed that was given to the Underdahls when they purchased the property. Hanish stated in their view they have the correct boundary line. Hanish indicated he did have a conversation with Mr. Goldsmith prior to tonight's meeting and that he is committed to having a meeting on the site to see if there is any common ground that can be reached. Cornick asked if the survey that verified the first survey was done by the same person. Hanish stated the property to the north was actually recently re -platted and that they used the legal description from that plat as well. Hanish stated using that boundary line, they came back to the exact same points on the common boundary line. Walsh moved, Cornick seconded, to adopt RESOLUTION NO. 6528, a Resolution Granting Preliminary Plat Approval for Subdivision of the property located at 185-225 Old Crystal Bay Road North. VOTE: Ayes 5, Nays 0. *8. 915-3750 JEFF VONFELDT AND ELAINE WYATT, 1990 SHADYWOOD ROAD, VARIANCES — RESOLUTION NO. 6529 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6529 , a Resolution Granting Setback Variances from Orono Municipal Code Sections 78-350 and 78-1279, for the property located at 1990 Shadywood Road. VOTE: Ayes 5, Nays 0. 9. #15-3756 CITY OF ORONO, AMEND CITY CODE SECTION 86-68 SURVEY REQUIREMENTS — ORDINANCE NO. 152 Community Development Director Barnhart stated a couple of weeks ago he presented a preliminary draft of the ordinance that talks about the survey requirements. At that meeting the Council expressed two concerns: One being the accuracy and age of the as -built survey and hardcover. Page 16 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 9. #15-3756 CITY OF ORONO, AMEND CITY CODE SECTION 86-68 SURVEY REQUIREMENTS — ORDINANCE NO. 152 (continued) Based on that direction, Staff made some changes to the draft ordinance. Barnhart stated the ordinance requires a survey that accurately describes the property conditions. An as -built survey is not required. One of the concerns was that surveys only reflect the conditions at the time the survey was done and may not necessary reflect current conditions. Barnhart stated an accurate survey will provide an understanding of the property and what exists at the time of the project. Barnhart stated the other issue related to the hardcover, which has been clarified in the draft ordinance. Hardcover calculations are required as part of the building permit application. Barnhart stated the goal of the ordinance is to ease the burden on property owners who would like to do a small project. McMillan noted Staff's report says that this change will require more time and discretion on the part of Staff and asked whether there should be a small fee related to that. McMillan added the fee does not need to be decided tonight. Barnhart stated he is uncomfortable proposing a fee out of the air and that he would suggest exploring the amount of Staff time required over the next couple of months. Walsh stated in his view that is a good approach. Walsh asked whether Staff would need something that exceeds the required setbacks by 150 percent for a 200 square foot deck if they have an accurate survey. Barnhart stated there is quite a bit of fluctuation between properties and that he did not want the ordinance to get into the nitty gritty associated with that. Barnhart stated in the future, if Staff finds that it is not giving anyone flexibility, the City Council can review that. Levang moved, Printup seconded, to adopt ORDINANCE NO. 152, Third Series, an Ordinance Amending the Orono Municipal Code by Amending Section 86-68 Regarding Survey Requirements. VOTE: Ayes 5, Nays 0. 10. REQUEST BY NAVARRE COMMUNITY INITIATIVE TO WAIVE PERMIT FEES Barnhart stated as part of the Navarre Community Initiative "Bike Navarre Event," scheduled for September 20, the group is requesting the fees be waived. Barnhart noted the fees consist of a special event permit, a temporary sign permit, a conditional use permit, and a conditional use permit escrow, which amount to $1,485. Barnhart noted there will be some Staff time involved with this event. Page 17 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 10. REQUEST BY NAVARRE COMMUNITY INITIATIVE TO WAIVE PERMIT FEES (continued) Printup asked if the City has waived fees in the past. Barnhart stated the City does not charge itself fees for City events and that he would consider this to be a community event. Barnhart stated the Navarre Community Initiative group does not have a huge budget and that they will still have rental and insurance costs associated with the event. Barnhart stated he would consider this perhaps as a partnership between the City and the Navarre Community Initiative. McMillan asked what property will be on public property. Barnhart stated he plans to bring a draft ordinance to the Planning Commission next month allowing temporary signs for certain events. The way the ordinance reads currently, anyone can apply for a conditional use permit to place a sign in the right-of-way along city -owned roads. Printup indicated he is okay with the waiver since it is a community event. Levang stated she sees this as a collaboration with the City and the Navarre Community Initiative Group. Walsh stated he does not have a problem giving the group the benefit of the doubt. Walsh moved, Cornick seconded, to waive the permit fees for the Navarre Community Initiative's "Bike Navarre Event." VOTE: Ayes 5, Nays 0. *11. NAVARRE COMMUNITY INITIATIVE, REQUEST FOR TEMPORARY PUBLIC ART IN PARKS Levang moved, Cornick seconded, to approve the request by the Navarre Community Initiative Group to place decorated bikes and bike parts (wheels) in the parks in and near Navarre, both as public art and to promote the Bike Navarre Event planned for September 20, 2015. VOTE: Ayes 5, Nays 0. (Recess taken from 8:43 p.m. — 8:47 p.m.) PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 12. BALDUR PARK ROAD CONTRACT AWARD Public Works Director/City Engineer Edwards stated the City received three bids for the Baldur Park Road project, with the low bid being for $143,523 from GMH. Page 18 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 12. BALDUR PARK ROAD CONTRACT AWARD (continued) In addition, Bolton & Menk provided an estimate for construction oversight not to exceed $14,750. Edwards stated Item No. 4 in Staff s report shows the cost breakdown of the project, with the City receiving approximately $60,000 from FEMA towards this project. Walsh asked how the City advertised this project. Edwards indicated it was advertised in Blue Book and ads. Walsh stated the goal is to get as many bids as possible. Walsh stated he would like to know when the bid packages are ready but that he was not notified about this one. Walsh indicated he knew a couple of people who would have liked to bid on this project and that he was little chagrined to see that the bids were over and done with. Edwards stated Bolton & Menk advertises the projects for the City and that they use Blue Book, newspaper, and Commerce & Finance. Walsh stated someone would need to know it is there and that he does not check it every day or call to find out if the plans are completed. McMillan asked how long the projects are advertised and available on the Bolton & Menk website. Martini indicated it varies and that the Watertown Road project was three weeks from the time it was advertised until the bids were received. Martini indicated they typically advertise in Blue Book, Finance, & Commerce, the City's local newspaper, and on the City's website. Walsh requested he be notified when the plans are ready to go out for bids. Cornick requested the whole Council be notified. Edwards stated he will add it to his weekly update. Cornick moved, Printup seconded, to award the contract for Baldur Park Road to GMH in the amount of $143,523, and to approve the construction phase services to Bolton & Menk in the not -to -exceed amount of $14,750. VOTE: Ayes 5, Nays 0. 13. NORTHERN UTILITIES BUILD OUT — RESOLUTION NO. 6530 Edwards stated the purpose of this action item is to adopt a resolution laying out the funding mechanism and cost distribution plan for the build -out of water and sewer utilities along CSAR 112. Edwards noted the City Council discussed this item at a previous work session Page 19 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 13. NORTHERN UTILITIES BUILD OUT — RESOLUTION NO. 6530 (continued) Edwards stated developers have begun to show interest in developing properties along the western portion of CSAR 112. The area is divided into three parcels with developers actively interested in the two end parcels. There are currently no known plans to develop the center parcel, which is Dumas Orchards. The Community Management Plan calls for these areas to be serviced with municipal water and sanitary sewer. Currently water and sewer service only extends westward to the corner of Old Crystal Bay Road and CSAH 112. in order to distribute the cost of the projects to the benefitting properties in an equitable manner, the City will divide up the projects and allocate specific portions of the project to the benefitting property. The cost will be further allocated based on the potential demand of the benefitting properties by using the maximum number of units of each development area could accommodate based on the current CMP land use guide plan. Edwards stated the City will be funding the projects initially and then charge the developers for their portion as each development occurs. Edwards stated the estimated costs of the projects are broken out in Staff report and that it amounts to approximately $1.4 million worth of work in today's dollars. Edwards stated there are developers actively looking at developing two of the properties currently and that this would give Staff a mechanism for providing the developers with the anticipated costs for the build -out of water and sewer utilities. Mattick noted this is an estimate and would be bid dependent. Mattick stated in his view this is a preliminary look at the City's formula for how the expenses are allocated. Mattick stated it is important for the developers to understand that these costs would be borne by the development or property owner. Walsh stated this will help the developers know the estimated costs up front. Walsh asked what the City's fund capabilities are to fund this all the way down to the Eisenger property. Olson stated the City has already funded the new well portion and that the City should have the funding capabilities available for the rest. Printup asked how the City arrives at the maximum number of units. Gaffron stated the Comprehensive Plan guides the James property and Dumas property for seven to ten units per acre based on the dry buildable acreage and 10 to 15 units for the Eisenger property. Printup asked what would happen if it takes a long time for those properties to be built and if the density is much higher. Page 20 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 13. NORTHERN UTILITIES BUILD OUT — RESOLUTION NO. 6530 (continued) Gaffron stated if the City bases its units on the full capacity of the parcel but the units are not all built, the City would not recoup all of the money that it anticipates. Gaffron stated the proposed formula allows a developer to know what the fees are no matter how many units he builds. Walsh stated the developer will want to know what their costs are up front. Mattick stated the City Council will need to discuss special assessments versus a connection fee a little further. Printup asked if this is a mechanism to hold those costs down by limiting it to a certain number of units. Printup asked if this formula will pull the numbers down if there is pressure to push the density numbers back down with a future Comprehensive Plan. Gaffron stated if the City is building for a certain capacity, it will cost X amount of dollars, and that the City will need to recoup those costs. Walsh stated if the City sizes the pipes for 400 units and then the Metropolitan Council requests 800 units, the City's argument could be that they sized it according to what it was guided for. Edwards stated the capacity has been based on what it is guided for today. If the densities go way up and the City is under capacity, they will need to look at whether they should replace the lines or place parallel pipes in. Martini stated the project is currently planned with an 8 -inch sewer main, which will still allow some flexibility for some increased units. A 12 -inch water main is also planned due to the long stretch out to the far west property, but that 12 -inch pipe would also have some flexibility. McMillan asked if the property owners are aware of this formula. Edwards indicated he has only spoken with some developers. McMillan asked if the City Council should approve this tonight. Edwards stated if there are some adjustments in the methodology that the Council would like Staff to look at, he would be happy to look into that, but that there are some developers asking about this. McMillan stated to her understanding it is the parcel on the far west that potentially could be developed in the near future. Page 21 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 13. NORTHERN UTILITIES BUILD OUT — RESOLUTION NO. 6530 (continued) Mattick stated one of the things the Council should consider is the fact that the City is proposed to front the costs. Mattick stated there are times when communities do not agree to be the bank and then there is a reimbursement agreement of some type entered into. Walsh noted the City could be the bank for a long time on the middle property. Cornick asked if the property to the north of the Eisenger property would be a candidate for utilities. Gaffron indicated that property is not in the MUSA. The Eisenger property requested to be included in the MUSA just prior to the last Comprehensive Plan update being finalized. Gaffron stated across the road there is the potential for some two -acre lots but at the time of the last Comprehensive Plan update, the City had no desire to include that in the MUSA. Levang noted the City would likely be required to have higher density in that area if it was included in the MUSA system. Gaffron indicated it would likely be three units per acre. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6530, a Resolution Outlining the Funding Mechanism and Cost Distribution Plan for the Provision of Sanitary Sewer and Municipal Water Utilities along CSAH 112 from Old Crystal Bay Road to CSAH 6. VOTE: Ayes 5, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT, CONTINUED Edwards reported the paving has been completed on Watertown and Stubbs Bay Roads and that the pavement marking should be completed later this week. Edwards stated overall it has been a successful project but that there are a few punch list items remaining. The Public Works Department has also performed some more patching of potholes. The debris site was reopened on McCulley Road following the storm. Edwards indicated he has had some people request longer hours following a storm. Edwards stated the water plant project upgrades are proceeding well. The only major item remaining on that project is painting, which will be finished by September. The Public Works Department is also continuing with sewer clean-out in the areas marked with the gray on the overhead. The green represents what has been completed to date. Edwards reported concrete pads have been installed at Lurton Park and Crystal Bay Park for the new picnic tables. Prairie Restorations has performed a control burn at Lurton Park. Page 22 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT (continued) Edwards stated the process is then to see what invasive species come up, followed by any necessary spraying. Edwards stated the spraying has delayed the planting of the prairie grasses for 90 days. Trail trimming has also been completed at French Creek Preserve. Edwards stated the preferred holiday decoration is the Presidential snowflake. MAYOR/COUNCIL REPORT Walsh reported there is a Fire Department meeting on Wednesday and that the biggest item to discuss is storage of the dock and poles for the boat. Walsh stated he attended the Planning Commission meeting last week and that it is nice to hear the dialogue as the Planning Commission vets the applications. Cornick stated he received a few phone numbers about emergency brush pickup following storms. Cornick asked whether the City has ever considered offering that service. Edwards stated to his understanding the City has tried that in the past but found it to be cost prohibitive. The main concern would be manpower. Edwards stated even after a small storm event, the entire Public Works Department is usually busy cleaning up as well as performing their normal duties. Levang noted the Navarre demonstration project is still going forward and that the group will be meeting tomorrow morning. There was also a meeting two weeks ago. Printup stated he would echo Council Member Cornick's comments regarding brush pickup. Printup stated he would like the City to have a brush drop-off site available to the residents for the long-term. Printup stated the Public Safety Day was a really fun time. McMillan stated this morning the LMCD had a task force meeting regarding littering on the lake related to the Big Island Fourth of July Celebration and littering in general. McMillan stated lots of ideas were thrown out, such as enforcement, education, legislative action, and possibly having a pontoon boat or barge go around Cruiser's Cove conducting trash pickup. McMillan stated there is no real quick easy solution but that it comes down to people respecting the lake and other natural resources. McMillan stated the task force will be meeting again at some point. McMillan reported that she and Council Member Cornick attended the 112 Turnback Committee meeting last Wednesday and that a large number of Long Lake business owners were there. Page 23 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. MAYORICOUNCIL REPORT (continued) A matrix will be put together with seven options relating to possibilities for road closures by the lake. Hennepin County will be researching the costs and duration of the closure in relation to each option. Some of the options include no build, a single lane going east, a single lane going east in the morning and a single lane going west in the afternoon, a single lane with a stoplight, two lanes, and a total closure. McMillan stated Hennepin County is working toward addressing the concerns and that in her view the matrix will help understand the project and costs. McMillan noted the trail will definitely be located on the north side so it will be right next to the lake. The City of Long Lake will be paying for the additional engineering costs. Levang asked how far the trail will extend McMillan indicated it is her understanding the trail will go to Old Long Lake Road. Cornick noted the Mayor spoke to Hennepin County at the meeting about possible improvements on eastbound Wayzata Boulevard. McMillan stated the County said they would take it under advisement. CITY ADMINISTRATOR'S REPORT *14. 2ND QUARTER FINANCIAL REPORT The City Council took no formal action on this item. 15. POLICY FOR CITY COUNCIL MEETINGS Olson stated this item is to help clarify how items come up on the agenda and communications between Council Members and Staff. Olson stated the Council should discuss whether they should adopt a formal policy. McMillan noted Wayzata adopted a formal policy in June and Lake Elmo is also working on a similar policy. McMillan stated at the League of MN Cities orientation sessions spoke quite a bit about the idea of having policies in place. McMillan stated there are a number of stresses to the job of being Council Member and part of City Staff and that they often have to deal with tense, negative or stressful situations. McMillan stated the City Council must be skillful in how they respond and be careful not to condemn and be respectful, which can be difficult at times to do in this type of an environment. McMillan stated having a formal policy provides the Council a way to check themselves and realize their position with Staff and other Council Members. Page 24 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 15. POLICY FOR CITY COUNCIL MEETINGS (continued) McMillan stated the desired outcome is not to create an unhealthy environment which can undermine the City's productivity. McMillan noted one of her goals at Mayor was to be efficient and productive and not be sidetracked with drama. McMillan stated the Park and Planning Commissions could also adopt it. Printup stated he is not so much in favor of the policy portion and that in his view it is more of a personality conflict rather than citizen oriented issues, which in his view can be worked out informally. Printup noted the City Council has Robert's Rules of Order available, which could be utilized more. Printup stated he would prefer to call it spirited debate and that talking about the issue gets it out in the open and brings attention to potential drama. Printup stated he would rather focus on the agenda piece. Levang stated in her view there needs to be formal rules of decorum and that the Council meetings in the last six months have not gone well and that the Council gets off track and is not as productive as they could be. Levang stated she does not see this as strictly personalities and that it is about rules not being followed and disrespect and incivility. Levang stated in her view the City needs a decorum policy. Levang stated what Wayzata and Lake Elmo have done are in the spirit of having a good process that everyone can adhere to and provides good accountability around those processes. Levang stated she has not been happy with the way the meetings have been going for the past six months and that it negatively impacts staff and residents as well as how the Council functions. Cornick stated he would not be opposed to having a policy as long as there is also a means to enforce it. Without a way to enforce it, it is worthless. Cornick stated the other issue is if the City Council does develop a policy and a means to enforce it, it should be in effect at the end of an election year so it begins with the election of the new Council and not immediately. Cornick stated in the meantime there could perhaps be some guidelines in effect. Walsh stated if the policy gets in the way of freedom of speech and being able to talk about what is going on, that would be an issue. Walsh stated as it relates to how to get stuff on the agenda, the City Administrator was against being too formal. Walsh stated he would be open to a formal policy if the City Administrator was open to it as well in terms of how that would function. Walsh stated formal policies could be a slippery slope and that he is not sure how the policies would be enforced. Walsh stated it is difficult to define incivility, which could be incivility to Council members or incivility to people at the microphone. Page 25 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 15. POLICY FOR CITY COUNCIL MEETINGS (continued) Walsh stated in his view there are a lot of slippery slopes and that he is not sure how that is defined. Walsh stated if it is not enforceable, then it is not worth putting on paper and that is where elections matter. McMillan noted the City has some things in their Code regarding communication with City Staff but that she would prefer to have the items highlighted on one page. McMillan stated she is aware that Wayzata has Item G in their policy, which is to work through the City Administrator. McMillan stated in her view it is also important to include language regarding respecting staff and how they work for the Council as a whole and not one Council Member. McMillan stated oftentimes citizens will call individual Council Members and that it is their job to talk with Staff about the issue. McMillan stated it is important that the Council does not carry the interests of one or two people and that the Council should debate things if the City Administrator feels it is an issue the Council as a group should discuss. McMillan noted there have been a couple of issues where some on the Council attempted to bring votes back up on the minority side. McMillan stated regardless of how individual Council Members stand on issues, they need to accept the decision of the majority and support the Council. McMillan stated some of the policy items contained in Wayzata's or Lake Elmo's policy do not need to be formalized but that she is glad everyone had a chance to read it. McMillan stated the idea of having a policy is that everyone agrees to it, which helps hold everyone accountable. McMillan stated it would also give people the chance to say that is against the policy we have all agreed on. Printup stated it is important this discussion is being held rather than simply adopting a policy. Printup stated there needs to be an acknowledgement that there are some personality conflicts and a discussion on how those differences can be addressed. Printup stated tonight's discussion is a starting point. McMillan stated people can disagree on things but that it has to be done in a civil manner or it builds resentment and gets worse over time. Printup stated that is why he thinks this is a good starting point. Printup stated the City Council has had many discussions on how rules or regulations should be enforced, and as it relates to the City Council, ultimately the voters decide every two years. Levang stated in her view a policy on decorum says this is how the Council agrees to conduct him or herself. Ultimately the voters may have something to say about that, but Council Members should also have something to say about how they want to treat each other. Levang stated they are all adults and that they need to take responsibility for their own behavior as well as monitoring each other. Page 26 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 15. POLICY FOR CITY COUNCIL MEETINGS (continued) Levang stated the Mayor has the most power and has a responsibility to conduct the meetings, but that each Council Member has an individual responsibility to conduct him or herself with the highest level of ethics. Levang stated that level of respect has not been happening here, and that she disagrees that it is a personality conflict Levang noted one Council Member does not acknowledge her except when that Council Member decides to attack her. Levang stated she takes issue with Council Member Printup's statement that this is a personality conflict and that they are like water and vinegar. Levang stated this Council Member also said something very inappropriate to her during a closed work session and that Council Member Printup's response was to say that I tried to get you not to talk. Levang stated she is not the perpetrator here and that she was responding to an insult. Levang stated in her view incivility is rudeness, disrespect, and a whole host of behaviors that are not appropriate in Council Chambers and the traditions that they hold as a community. Levang stated Council Member Printup should call it what it is, which is disrespectful. Printup stated he tries not to take sides as it relates to individual Council Members and that having this conversation up here is demonstrating that there needs to be a lot more talked about. Levang stated that is why a policy on decorum is important, so there are some well-defined rules on how Council Members should conduct him or herself. McMillan stated she would suggest sending comments to Finance Director Olson about having a policy and that the Council can discuss it further at a City Council meeting or work session. McMillan stated in her view the Council should try to explore a one-page policy even if they end up not being in favor of formally adopting it because it would be worth it to go through the exercise. McMillan stated she is not really willing to go down the path of citizen behavior. Cornick stated there are two separate issues here and that they are talking about the Council and a decorum policy as well as the issue with how the Council deals with Staff. Walsh stated beauty is in the eye of the beholder, and one person's disrespect is another person's, I don't think you are right, and when people take that personally, it takes it to another level. Walsh asked if pointing a finger at him is incivility and how that would be defined. McMillan stated this is a public forum and that the Council needs to be very mindful about what they say at the meetings. McMillan noted the meetings are a public record and are being videotaped. McMillan stated if any Council Member has an issue with what goes on at the Council level or with Staff, they should call the City Administrator or call the City Attorney to discuss it, but that the Council needs to be very careful about how they conduct our business. McMillan stated the Council should be very professional, very cautious, and very concerned with how they come across with each other. Page 27 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. 15. POLICY FOR CITY COUNCIL MEETINGS (continued) Walsh stated he is in agreement with that and that it should apply to both inside this building and outside. McMillan stated the Council is also judged as being leaders of the community and that people expect the Council to hold to a higher standard. McMillan stated she would like the citizens to be able to come here and feel like they can approach the Council without being attacked. McMillan stated the last thing the Council needs to be doing is attacking each other and adding more stress to the process. Mattick stated what would be helpful for Staff at this point is to provide direction on whether this item should be put on the work session agenda or City Council agenda. Levang indicated it does not matter to her but that she would like this item to come back for further discussion. Levang stated she likes Council Member Cornick's suggestion to separate communication with staff from the other issue. Cornick stated he would also like to remind the Council of Former Mayor Gabriel 3abbour's comments regarding the Orono brand. McMillan suggested this item be placed on the August work session agenda. McMillan stated she would like to talk a little more about putting items on the agenda but that she does not want to get into that tonight. McMillan stated in her view the City Administrator does a good job of putting the agenda together. McMillan requested the Council Members forward their comments and input to Finance Director Olson. Printup stated he is less concerned with the agenda piece. *16. RESIDENTIAL RECYCLING AGREEMENT AMENDMENT — RESOLUTION NO. 6531 Levang moved, Cornick seconded, to adopt 1ZL+`SOLtiTION NO. 6531, a Resolution Authorizing Amendment to Residential Recycling Grant Agreement with Hennepin County. VOTE: Ayes 5, Nays 0. *17. ORONO POLICE GARAGE — PAY REQUEST NO. 11 Levang moved, Cornick seconded, to approve Pay Request No. I I for the contractors working on the Orono Police Garage Project as listed in Staffs memorandum dated July 27, 2015, in an amount totaling $51,958.21. VOTE: Ayes 5, Nays 0. Page 28 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o'clock p.m. *18. CLAIMS/BILLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. 10■6'/7" 111) ►`I ' 1 : 1 Mattick stated he had nothing to report. ADJOURNMENT Printup moved, Cornick seconded, to adjourn the Orono City Council meeting at 9:54 p.m. VOTE: Ayes 5, Nays 0. ATTEST: D' a T3iieegs, City Clerk Lili Tod McMillan, Mayor Page 29 of 29