HomeMy WebLinkAbout12-14-2015 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 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 City Administrator Jessica Loftus, Finance Director Ron Olson, Community
Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, 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. 8, 10, 15, 21, and 22 were added to the Consent Agenda.
Council Member Walsh stated he would like to add an item under the City Attorney's report relating to
what was discussed in the closed session of the City Council on November 9. Walsh stated it is his
understanding the City Council needs to make a motion during a regular meeting on whether they would
like to move forward.
Walsh moved, Printup seconded, to add Item No. 26 under City Attorney's Report.
Mayor McMillan noted the item raised by Council Member Walsh involves potential litigation and that
she would not be in favor of having a public discussion on the issues. McMillan asked whether Staff had
any new information on the matter.
City Attorney Mattick indicated he does not have anything additional to what was discussed in closed
session.
Walsh stated it is not a matter of litigation but that it is a matter of the City Council deciding whether to
litigate or not to litigate. Walsh stated the Council should inform the public on why they are either
pursuing litigation or not pursuing litigation and that the individual Council members should discuss why
they are voting either in favor or not in favor of pursuing litigation for alleged violations.
McMillan stated there is a list of code violations and that she does not have the entire list before her
tonight. McMillan stated she does not want to single out one particular property owner when there are
other property violations. McMillan asked Council Member Walsh whether he is speaking of the entire
list or one specific property owner.
Walsh indicated he is speaking of the November 9 work session discussion and whether the Council is
going to enforce the City's regulations. Walsh noted the vote can only happen at the City Council level in
an open session.
McMillan noted the City is in litigation with the specific property owner and that she would advise
against doing that.
Page 1 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
APPROVAL OF AGENDA (continued)
Walsh stated this is a philosophical issue, and that if there is an existing issue where the property owner
has been notified, the City needs to decide whether they are going to pursue that.
Walsh stated in his view the Council should be able to explain their rationale for how they vote and that a
vote should be taken during the Council meeting.
Council Member Levang stated she is not in favor of that type of hearing since it is an issue that is in
litigation and the City Council is protected by attorney-client privilege. Levang stated she would like to
keep it as attorney-client privilege.
Council Member Cornick asked what the rules are for when an item is in closed session and whether the
City Council will be violating any rules by having an open vote.
Mattick stated the open meeting law allows the Council to have a closed session under the attorney-client
privilege regarding certain topics, including whether the City Council is contemplating future litigation.
Mattick stated the reason behind that is that there are strategies and discussions that the City may not
necessarily want the other party to know, which is the reason for the exception to the open meeting law
exists. Mattick stated to the extent the Council does want to discuss this, he would ask that it be left at the
philosophical level and not talk about the strengths and weaknesses of the case.
Walsh stated he would be in favor of that and that it would simply be an up or down vote on whether the
City wants to pursue litigation.
Council Member Printup asked Council Member Walsh if he would be amenable to having it as an actual
printed item on the next agenda.
Walsh indicated he would be.
Printup stated he would also be open to that and that he would like to have it as part of the Council's
published agenda.
McMillan asked if Council Member Walsh is thinking that all the City's code violations should be
included.
Walsh stated it would relate to the open items that were discussed during the closed session.
McMillan stated in the past Staff has notified the City Council of what violations are open in the City and
have provided updates. McMillan stated if the City Council wants to go down this path, she would like to
see all the violations listed and not have it limited to one property owner. McMillan noted Staff does 99
percent of the work on code violations and the City Council only deals with them when it goes into
litigation.
Page 2 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
APPROVAL OF AGENDA (continued)
McMillan stated if this is going to be included on the City Council agenda, she would like it to be more
global so Staff can provide an update and the Council can determine how much City money should be
spent pursuing these violations. McMillan noted the City Council has never before singled out one
property owner and had a public vote on it and that she personally does not want to go down that path.
Walsh stated in his view they are not singling out anybody but that the City Council had a specific closed
session and that the Council is not allowed to vote during a closed session. Walsh stated there should be a
vote on it and that it would be a follow-up to a specific closed session.
McMillan stated part of the reason to have a closed session is to discuss strategy and that in her view
having an up or down vote does not do any good for the City's strategy. McMillan stated not much will
be gained by going after a single property owner.
Walsh stated this is one that is on the table and needs to be put to rest. Walsh stated if the Mayor is afraid
to vote on it, that tells him something.
McMillan stated she is not afraid to vote on it but that she is concerned about procedure and how the City
has dealt with code violations in the past. Generally code violations are handled at the Staff level and that
she respects that process. McMillan noted there are intentional and unintentional code violations that
occur and Staff works with the property owners and does a good job of explaining the violation.
McMillan stated in her view it is a very delicate matter and that it is not a simple up or down vote.
Walsh stated philosophically the violations should all be taken care of when the City Council discusses
things in closed session.
McMillan stated at times closed sessions are to discuss strategy and not always to come to a vote.
McMillan noted there is also a cost to going after every code violation in the City and that the City
Council needs to have a broader discussion on policy and how to go about pursuing the violations, which
is a bigger discussion than focusing on one specific property owner.
Walsh stated philosophically the City Council needs to come to a conclusion on the one property owner
and that there should be an up or down vote on it.
Printup asked whether Council Member Walsh would be open to discussing the specific item that was
discussed in closed session as well as the violations city-wide.
Walsh stated they could be two separate items.
Printup stated he would like to have it in black and white on the City Council's agenda.
McMillan stated the city-wide violations will not be able to be discussed tonight.
Mattick stated the City Council needs to vote on the motion and then the Council could add a separate
item to tonight's agenda or a future agenda to discuss it further or the motion can be withdrawn.
Page 3 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
APPROVAL OF AGENDA (continued)
McMillan stated the motion could also be amended to say that it would be a discussion item to provide
direction to Staff.
Walsh stated he would like to have a vote on the first motion before making another motion..
VOTE: Ayes 2, Nays 3, Cornick, Levang, Printup and McMillan opposed.
Walsh moved, Printup seconded, to place this item under the City Attorney's Report on the
January City Council agenda.
Levang asked what they are specifically asking for.
Printup stated Part A would encompass the closed session item and Part B would cover the overall City
violations.
Mattick stated the motion is to direct Staff to add it to the January agenda. Mattick noted there would be
no discussion on the item tonight but that Staff needs clarification on whether it should be the first or
second meeting in January. Mattick stated it could also be discussed at a work session.
Walsh stated the City Council has already had its work session during the closed session and that it could
be placed on the first City Council meeting.
Printup indicated he is fine with that.
McMillan stated Staff will need to do a report and the City Attorney will need to review it.
Walsh noted code violations are public record.
MOTION: Walsh moved, Printup seconded, to place this item under the City Attorney's Report on
the January 11, 2016, City Council agenda. VOTE: Ayes 3, Nays 2, Levang and McMillan
Opposed.
Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF NOVEMBER 23, 2015
Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
November 23, 2015, as submitted. VOTE: Ayes 5, Nays 0.
Page 4 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
*3. CITY COUNCIL WORK SESSION MEETING OF NOVEMBER 23, 2015
Levang moved, Printup seconded, to approve the minutes of the Orono City Council Work Session
of November 23, 2015, as submitted. VOTE: Ayes 5, Nays 0.
PUBLIC HEARING — 6:30 P.M.
4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566
Olson noted this meeting is to discuss and adopt the City's 2016 budget and tax levy and not to discuss an
individual property owner's valuation or property taxes. The total tax levy required to fund the 2016
budget is $4,954,480. This is an increase of $182,480 or 3.8 percent over the 2015 levy. The entire
increase in the levy is designated for funding the City's Pavement Management PIan and will help to
address the City's aging road infrastructure. Olson stated even with the increase, Orono's tax rate will
decrease slightly in 2016 and that Orono continues to have one of the lowest tax rates in both Hennepin
County and the state of Minnesota.
Olson stated the Council sets the levy, which is what will be done tonight, and then the levy amount is
divided by the total tax capacity of everyone in the City. In Orono, the tax levy is proposed to be $4.954
million. The City's total tax capacity is $28,350,885. As a result of the City's increased tax capacity, the
tax capacity rate will decrease from 17.39 percent in 2015 to 17.33 percent in 2016. Using this tax rate
and assuming no change in a property's value, the City's share of the property tax bill would result in a
decrease of $1.44 on a home previously valued at $250,000; a decrease in tax of $3.05 on a $500,000
home; a $1 million home would see a decrease of $6.86; and a $2 million home would have a decrease of
$14.49.
The 2016 expenditure budget is $7,708,570, which is an increase of $128,700 over the 2015 budget. The
biggest department in the City is the police department, which will have an increase of $105,175. The
increase is the result of a 2.75 percent wage that was negotiated with the police unions. Other notable
increases are $15,730 for the 2016 election, a $20,000 increase in assessing charges to Hennepin County,
and $25,820 in special services. The expenditures in special services are charged back to the party that
requests the service. The increase in this department is offset by an increase in revenues.
In addition, a number of departmental budgets are decreasing. The budget for mayor and council is being
reduced by $8,460 as a result of a reduction in the Lake Minnetonka Conservation District levy.
Engineering is being reduced $5,000 to bring it in line with historical costs. Street maintenance is being
reduced by $60,610 with these expenditures moved to the Pavement Management Fund.
Olson stated the primary revenue source for the General Fund is the property tax levy. The 2016 General
Fund tax levy is $4,016,500, which is the same amount as the 2015 General Fund levy. Total General
Fund revenues are budgeted to increase by $128,700 in 2016.
Olson state the City Council should hold the public hearing and then make a motion adopting the
resolutions that are before them this evening.
Mayor McMillan opened the public hearing at 7:10 p.m.
Page 5 o144
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued)
There were no public comments regarding this item.
Mayor McMillan closed the public hearing at 7:10 p.m.
Walsh noted the City Council has discussed the CIP at a number of work sessions and that he would like
to list a few of the items that were discussed so people do not assume that what is contained in the CIP is
actually going to be spent. The first item is the equipment CIP on Page 4. Walsh noted the $175,000
number is really $192,000 for the truck due to increased costs.
As it relates to the building CIP, in 2016 the proposed work includes the salt shed reroof and in 2017
replacement of the City Hall roof Walsh stated the City is going to have someone come in to do a yearly
synopsis of the roofs so the City can better maintain them. Walsh stated typically the contractor will do it
for free or very minimal dollars but that it can lengthen the lifespan of the roofs. In addition, under 2018
the parking lot reseal is listed, which is questionable at this time.
Walsh stated a number of the items are questionable which are contained in the CIPS, and simply because
the items are included in the CIPs, it does not mean they will get done.
Walsh stated the next item is the Long Lake Fire CIP, which talks about replacement of a pumper truck
for $440,000 in 2016. Walsh noted the City has not started that discussion yet or begun the process of
looking for a replacement truck, but that there are thousands of websites that sell used equipment and that
they should be looked at.
Walsh stated the same thing applies to the carpet replacement and paint and that he would like to see
multiple bids for all that and then determine whether it actually needs to be replaced.
Walsh stated moving on to the Community Investment CIP, the Navarre Park -N -Ride was a questionable
item as well as the Navarre trail and sidewalk project, which was thought to be in the $120,000 to
$130,000 range rather than the $200,000 listed in the CIP. As it relates to the turnback, Walsh noted
those numbers might be decreased to $150,000 total versus $100,000 each or a total of $200,000.
In regards to the Public Works CIP, the City Council looked at the road issues. Walsh noted the City
used to look out 10 years. Walsh stated when there is no money to do the roads next year, there is no
point in talking about what roads will be done eight or ten years from now. Walsh stated what roads will
need to be done have yet to be determined and that the City Council will be discussing the roads more in
the spring.
Walsh noted in the Sanitary Sewer CIP, the pump replacement was supposed to be taken out. Walsh
stated the City Council will be discussing the Police CIP later tonight in relation to the use and
replacement of the squad cars. Walsh stated in his view there are lots of ways that money could be saved
in relation to the vehicles.
Printup moved, Levang seconded, to adopt RESOLUTION NO. 6575, a Resolution Adopting the
Final 2015 Tax Levy Collectible in 2016.
Page 6 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
4. ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued)
Printup noted it was important to the City to earmark the increased dollars realized from the levy towards
road improvements.
VOTE: Ayes 5, Nays 0.
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6565, a Resolution to Adopt the
Final 2016 General Fund Budget.
Printup stated he would like to have a conversation at the time of the next budget report to talk about the
City's expenditures and revenues in regards to health care options for the Chief of Police and City of
Orono. Printup noted that item was before the City Council approximately a year ago but nothing was
done about it.
McMillan stated the City Administrator can make a note of that and bring it back to the City Council
when the budget is reconciled.
Printup noted data is usually not received from the Gillepsie Center and that he would ask that the City
reallocate those dollars back into the General Fund. Printup stated allocating funds towards the Gillepsie
Center is not an obligation of the City.
Levang asked if Council Member Printup would like to take it out of the Final 2016 General Fund
Budget.
Printup stated he would like to reallocate the money elsewhere.
Walsh stated the City Council has discussed this for the past couple of years as well as what the role of
the government is and whether it should support certain charities. Walsh stated at one time it was
$20,000 and then it was decreased to $9,500. Walsh stated he would not be in favor of eliminating it
altogether this year but that he would prefer to step it back a little bit so the Gillepsie Center would have
some time to make some adjustments. Walsh noted he has spoken to them in the past about it so they are
aware of what the government's role is.
McMillan noted the City's budget process has been undergoing for the past six months and that it should
have been brought up earlier in the year. McMillan stated the City has always given money to the
Gillepsie Center and that in her view it is not fair to the organization to cut the funds at the very last
minute and that it should perhaps be discussed at greater length at a future work session. McMillan noted
the Gillepsie Center provides meals -on -wheels to Orono residents and that the City has also helped to
support their senior services.
Printup stated the City has received no information from the Gillepsie Center but yet they are receiving
Orono tax dollars.
Walsh stated he would be willing to donate $2,500 in matching fiends to help make the transition easier if
the Council decides to reduce the amount. Walsh stated the Gillepsie Center should be raising funds from
the local community.
Page 7 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
4. .ADOPT 2016 BUDGET — RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued)
McMillan stated she is concerned about last minute changes for an organization that provides services to
the community and that she would like to give them an opportunity to do a presentation. '_McMillan stated
the City could make it a part of the budget process next year.
Levang stated she worked closely with the Gillepsie organization all summer and that in her view it is
unfair to have even broached this topic at the 11 ' hour when the group has not discussed it. Levang
indicated she would not support reducing the amount of money or eliminating it at this time. Levang
stated the Gillespie Center provides meals -on -wheels and other services to the Orono community and that
the Council needs to be mindful of that. Levang stated the Orono Police Department also works very
closely with them and that she does not want to see that relationship go away.
Printup stated this is a similar conversation to what was had approximately a year ago.
Levang noted there are different people on the City Council who have not been part of that discussion.
Printup stated he would like to talk about it in 2016.
Levang stated she is fine discussing it in 2016 but that it needs to be a full conversation by everyone so
the services the Gillepsie Center provides are understood and what they do for the community. Levang
stated she would also like the input from the police chief as well as staff. Levang stated to cut their
money at this point would be unfair.
Printup asked what data the City has except the fact that they provide great services.
McMillan stated for the last four years, the City has had a very systematic budget process and that the
Council starts discussing the budget in the summer, which is the time to bring these items up. McMillan
stated she does have an issue with cuts being brought up at the 11' hour.
Printup stated it is the same conversation as in the past.
McMillan stated it needs to be brought up earlier and that the City Council spends a lot of time over the
summer looking at things that will be funded or not funded. McMillan stated she was not aware it was an
issue since it was not brought up within the last five months.
Printup stated it appears he is outvoted on this and that he would like to move on to another topic.
Printup asked if the finance director could explain the enterprise funds as far as the increases go.
Olson stated the 11 percent increase for water rates assumes average summer and winter precipitation and
water usage by the homeowners and would amount to a $52,000 increase in revenue to the City; the sewer
operating fund would have a 4 percent increase, which would be approximately $58,000; recycling would
have a 10 percent increase, which would be approximately $9,500, and the stormwater increase would be
approximately $22,000.
Printup stated he takes issue that the City is raising fees and rates but then sending money outside the City
when it could be coming into the City to help offset costs to the residents for their sewer, recycling, water,
and stormwater bills.
Page 8 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
4. ADOPT 2016 BUDGET —RESOLUTION NOS. 6575, 6564, 6565, 6566 (continued)
MOTION: Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6565, a Resolution to
Adopt the Final 2016 General Fund Budget. VOTE: Ayes 4, Nays 1, Printup Opposed.
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6566, a Resolution to Adopt the
2016 Special Revenue Fund Budgets, with a correction being made under TIF to 53 instead of 52.
VOTE: Ayes 5, Nays 0.
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6564, a Resolution to Adopt the
2016 Enterprise Fund Budgets. VOTE: Ayes 4, Nays 1, Printup Opposed.
PUBLIC HEARING — 7:00 P.M.
5. ADOPT 2016 FEE SCHEDULE — ORDINANCE NO.161
Olson stated the proposed fees for 2016 are based on the rate study that was originally done in 2013. The
fees are reviewed every year to make sure the City is where they expect to be.
Olson noted the biggest increases relate to the City's utility rate charges, with sewer rates increasing 4
percent, water rates increasing 11 percent, recycling rates increasing 10 percent, and storm water rates
increasing by 5 percent. One fee change that is proposed to be added is a commercial site plan review
fee, which is an escrow for minor modifications of existing building plans. The storm water and drainage
trunk fee was increased by 5 percent. Olson noted the fee for building permits is not changing but that a
valuation table will be included in the fee schedule.
In addition, municipal connection fees will have an approximate 10 percent increase. Olson stated the
City purchases their meters from Neptune and that the exact amount of increase is not known at this point.
Olson stated the City is contractually obligated to Neptune and will need to pay those connection fees.
Olson stated the connection to sewer system in adjacent city would apply to the Cities of Long Lake and
Wayzata, both of which charge a connection fee to Orono. That fee is then passed on to the residents.
Long Lake and Wayzata informed Staff in November that they do not anticipate an increase, but in the
event there is an increase, language has been included in the fee schedule to handle that.
The 2010 sewer connection at North Farm Road reflects an increase of 5.25 percent, which is the interest
rate of the outstanding special assessments. The 2009 Utility Projects at Myrtlewood reflects an increase
of 6.25 percent, which is the interest rate of the outstanding special assessments.
Olson stated the other changes include a permanent sign permit fee of $50, a fence viewer fee of $30, and
an increase in the individual and senior season pass rates for the golf course as well as an increase in cart
rental rates.
Mayor McMillan opened the public hearing at 7:37 p.m.
There were no public comments regarding this item.
Page 9 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
5. ADOPT 2016 FEE SCHEDULE — ORDINANCE NO. 161 (continued)
Mayor McMillan closed the public hearing at 7:37 p.m.
Levang noted what is not on the fee schedule for the golf course is the children age 12 and under being
free and that the language needs to be amended to reflect that.
McMillan noted on Page 7 under redevelopment project fee, the City decided that they would not charge
for redevelopment and that the language should be removed.
Levang moved, Walsh seconded, to adopt Ordinance No. 161, Third Series, An Ordinance adopting
the 2016 Fee Schedule and Repealing Ordinance No. 148, Third Series, with the fee schedule being
amended to reflect that golf for children 12 and under is free and with the redevelopment project
fee language being removed. VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
Jay Nygard, 1386 Rest Point Road, stated he is wearing his jail outfit so the Council and the public
understand that he had to spend five days in jail for a buried chunk of concrete. Nygard stated he is also
aware of another Orono resident who spent five days in jail for some junk in his yard. Nygard stated the
City Council has time to waste putting people in jail instead of doing more important things.
Nygard stated he is here tonight to talk about another issue. Nygard stated he is in possession of a District
Court complaint filed against Dennis Sabrien Walsh from 2001 that he would like to read it into the
public record. The complaint indicates that Mr. Walsh was pulled over in Excelsior and that Mr. Walsh
evidently ran through a stop sign. Officer Baldsrud pulled Mr. Walsh over and detected a strong odor of
alcohol, noting that his eyes were red, watery and bloodshot. The driver was identified by his driver's
license as Dennis Walsh. The officer then asked Mr. Walsh to perform field sobriety tests and he was
unable to satisfactorily complete them. Officer Baldsrud asked Mr. Walsh to submit to a breathalyzer and
Mr. Walsh stated he wanted to speak with his lawyer.
Nygard stated Officer Baldsrud then told Mr. Walsh he would have plenty of time to speak with his
lawyer later but not now and then placed him under arrest for driving under the influence. Mr. Walsh
refused to listen to Officer Baldsrud's commands as he and Sergeant Fink of the Department attempted to
handcuff Walsh. Walsh was yelling at the officers calling them, quote, assholes, fuckers, and ass pipe
fucks.
Nygard stated he was not quite sure of that last reference so he did a little bit of research into it. Nygard
stated according to the Urban Dictionary, the last part is like calling them much worse than an A -hole.
Mr. Walsh then resisted the officers placing him in the squad car and he had to be forcibly placed in the
squad car. Mr. Walsh then spat on the window and began kicking the window with such force that he
nearly broke it.
Nygard noted this is an Orono Council Member who exhibits this behavior. Walsh was then transported
to the police station where upon he was read the Minnesota Implied Consent Advisory and he agreed to
take the test where he blew a .15, which is well over the legal limit.
Page 10 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
PUBLIC COMMENTS (continued)
Mr. Walsh was charged with obstructing legal process with force and DWI in the third degree at .1 or
more in the third degree. Mr. Walsh ended up pleading down to some sort of misdemeanor DWI and
disorderly conduct.
Nygard stated the reason he is bringing this to everyone's attention is because this is someone who has
spent over $30,000 to get elected to his City Council position. Nygard noted he personally got elected to
the Orono City Council and that he spent a little over $1,000 doing so. Nygard stated he knocked on over
3,000 doors in his election bid and that he did not attempt to buy his way in because he had a further
agenda.
Nygard stated that is what he is concerned about. Nygard stated Mr. Walsh is interested in running for
mayor and has further ambitions. Nygard stated he is here tonight to let people know who Mr. Walsh is
and that he is not a person for the Orono community. Nygard stated he hates to say it but that he likes to
watch Dr. Phil. Dr. Phil likes to say that past behavior is a definite predictor of future behavior.
Nygard stated Mr. Walsh since has harassed his family, has taken pictures of his family, and has
attempted to wreck one of his classic vehicles. Nygard stated many of the things Mr. Walsh has done are
outside the purview of legal, normal behavior that the residents would expect of people sitting in
judgment of them. Nygard stated it is important to him that everyone knows that.
Nygard stated he understands that there is some sort of newspaper going around called Orono Watch for
You that everyone gets in their mailbox. Nygard stated he can't wait to get the next Orono Watch for
You and see what is said about Mr. Walsh. Nygard stated maybe for once they can print the truth about
Mr. Walsh instead of glorifying the wonderful things that he does. Nygard stated he would just like
people to understand who Mr. Walsh is in the event his name comes up as running for mayor.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
6. 2016 PUBLIC WORDS PLAN
Public Works Director/City Engineer Edwards stated this item is an attempt to consolidate all the Public
Works items for the upcoming year into one place. The 2016 Public Works plan is an effort to improve
the planning and budgeting of the Public Works Department and engineering activities for the City of
Orono. The intent of the plan is to do the following:
1. Provide an increased level of detail and refinement on those items from the Capital Improvement
Plan (CII') that are scheduled for the upcoming calendar and fiscal year.
2. Improve the coordination/timing of projects.
3. Provide the City Council with a comprehensive list of work for approval early in the year in
conjunction with the CIP and budget approvals.
4. Ensure that the Public Works and Engineering Department's priorities and work items are
meeting Council intent and direction.
Page 21 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
6. 2016 PUBLIC WORKS PLAN (continued)
5. Identify items for planning and engineering the year prior to their execution.
McMillan noted the City Council reviewed this at the work session and that it is a good plan for the City
going forward. McMillan stated she appreciates the fact that the City has been divided up into districts
for inspection and that orderly inspections have been scheduled for the City's infrastructure and street
signs. McMillan stated it is her belief this will be a very efficient system and help the City stay on top of
its infrastructure.
Levang indicated she is in agreement with Mayor McMillan and that it is a great planning document.
Levang stated she appreciates the work that went into creating it as well as possible funding sources for
the different projects.
Walsh noted on Page 9 under road maintenance, it talks about 2017 road maintenance, preparation and
planning. Walsh stated the City Council never talked about road maintenance for 2017 and that it has just
appeared out of the blue and should not be there. Walsh stated as it relates to deferred projects, the entire
10 -year list of roads should be included and not just the five or six so all the roads are all listed and can be
included in the discussion for future projects and which projects are most important. Walsh stated he
would like to discuss the top 10 roads that need improvements.
Edwards noted the engineering for 2017 is for staff time only and would relate to Staff reviewing the
condition of the roads.
Levang moved, Printup seconded, to approve the 2016 Public Works Plan and associated engineer
proposals. VOTE: Ayes 5, Nays 0.
7. TRAFFIC MANAGEMENT POLICY
Edwards stated the purpose of this policy is to have a system in place to respond to residents' complaints
and allow for consistent application across the community. Edwards stated City Staff and Council
Members are routinely approached by residents requesting changes to their streets and that there is
currently not a policy in place to deal with those requests. Edwards stated the policy is based on what
other surrounding communities are currently doing and is also a consolidation of the City's policies
relating to signage, traffic counts, speed bumps, etc.
McMillan noted in the past the City has had issues raised by the residents and that the Council has
stumbled through some of the issues, particularly regarding speed bumps. McMillan stated she likes the
policy since it helps address some of the lack of knowledge the Council has about whether these different
methods should be used. McMillan stated it also takes away the political piece to the requests and that
she appreciates the systematic approach to it.
Levang stated she appreciates having a formal policy in place that is equitable. Levang asked how the
residents will be informed of this traffic management policy.
Edwards indicated it will be posted on the City's website, probably under the Public Works Department,
and that when residents contact Staff, they can provide the policy to the individual residents.
Page 12 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
7. TRAFFIC MANAGEMENT POLICY (continued)
Levang stated the communications committee can also publish it in a future newsletter. Levang noted
Page 3 of the policy talks about costs and funding for the speed and traffic volumes. Levang stated she
was wondering how the City charges the residents when it is a shared cost. Levang asked if the cost is
added to someone's utility bill or is a separate bill and whether there has been a problem with compliance.
Edwards stated the majority of them would be voluntarily paid up front or be assessed.
Walsh noted at a work session back in September he raised three issues with the policy. Walsh stated in
his view Staff needs to have a little more time to get the definitions correct. Under the request portion it
says, any requests require written application of 50 percent of a project neighborhood. Walsh stated there
needs to be a definition of what project neighborhood means versus at the whim of whoever is answering
the question.
Walsh stated under No. 3 there should be more detail about what data collection and traffic study means
versus an engineering study. No. 6 says, if 75 percent of the impacted residents respond favorably to the
notification, the proposal will be brought to the City Council in a public hearing for approval. Walsh
stated he is not sure what that means and that in his view the City is doing a disservice to the residents by
passing this until there are specific definitions. Walsh stated in his view Staff needs to spend a little more
time on the policy since those issues have not been addressed.
Edwards stated as it relates to the issue of the engineering study and guidelines to be considered, he
attempted to add into the various appendixes what would be looked at for a speed study or a speed bump
request, etc. Edwards indicated he did not include an all-encompassing list of every possible request.
Edwards stated in regards to impacted residents, most of the projects would be on residential streets,
which would be the impacted area, but that he could spell that out more.
Walsh stated No. 1 and No. 6 are talking about the same basic thing but are using different words, which
is a little confusing. Walsh stated he would like to see a little more detail before it is disseminated to the
public.
Printup stated he likes the spirit of the process and that the draft policy is a good start. Printup stated
under Item D, parking, that might be something that could be explored a little bit further in relation to
parking by residents versus nonresidents. Printup stated the parking would relate to the use of different
trails where there are people parking on side streets and that it would be nice to differentiate the Orono
resident as opposed to the non -Orono resident. Printup stated to his understanding there is a neighboring
city that has a sticker process and that nonresidents can pay for a sticker to park on the side streets.
Printup stated he would hate to penalize Orono residents when the problem might be coming from
nonresidents.
Edwards noted the City does not have an ordinance regulating resident -only parking, which is why it was
not included in the traffic management policy. Edwards stated the intent was to implement some type of
mechanism to deal with requests to install no parking signs.
Printup stated it is something for the Council to think about.
Page 13 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
7. TRAFFIC MANAGEMENT POLICY (continued)
Levang moved, Cornick seconded, to adopt the Traffic Management Policy.
Walsh stated he is not in favor of approving it right now until the definitions are better defined.
McMillan asked if Council Member Walsh would like definitions for project neighborhood and affected
neighbors.
Walsh stated it should be defined and not an arbitrary decision making process depending on who the
resident talks to. Walsh stated it should be clarified whether the neighborhood is the same thing as
impacted residents.
McMillan stated some of it will need to be worked out as it is being implemented and that some of it will
be left to the discretion of Staff to work out. McMillan stated policies are sometimes guidelines and that
Staff will know when they run into difficulty and will notify the City Council. McMillan stated she does
not want to hold it up in trying to come up with the exact right definitions tonight.
Walsh stated it has been three months since he first brought it up and that nothing has been done.
Printup stated it could be tabled to the next meeting so those two items could be tweaked.
Edwards stated there is no particular rash to approve it.
Levang stated she trusts Staff and that there is really no reason to delay it.
Cornick stated other problems could come up after it is implemented and that it can be tweaked in the
future. Cornick indicated he is in favor of going ahead with it.
VOTE: Ayes 4, Nays 1, Walsh Opposed
*8. ASSET MANAGEMENT SYSTEM
Levang moved, Printup seconded, to enter into a purchase agreement with Cartegraph Systems,
Inc., for an asset management system. VOTE: Ayes 5, Nays 0.
Edwards reported the City did experience its first snow and ice storm recently and that the Public Works
Department was able to clear the roads promptly and efficiently.
Edwards stated the Public Works Department has been trimming trees throughout the City. The Kelly
Avenue/Carman Road culvert project is underway and the site remediation will be completed in the
spring. The majority of the work on the Livingston Park has been completed, with the remaining work to
be done in the spring.
Edwards reported demolition work has also begun on the golf course kitchen.
Page 14 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
PUBLIC SAFETY REPORT
9. AUTHORIZATION TO PURCHASE 2016 SQUAD CARS
Police Chief Farniok stated the police department has budgeted for the replacement of four vehicles in
2016 and is requesting to replace those vehicles in the next several months. The order for these vehicles
would need to be placed prior to the March, 2016, cutoff because placing an order prior to the deadline
allows the department to build the police vehicle with options specifically needed by the police
department and guarantees contract pricing. Vehicles purchased after March, 2016, are limited to stock
on hand by individual dealerships and specific options and colors may be difficult to get and pricing is
subject to change by the dealership.
Farniok stated the vehicles to be replaced are projected to have 95,000 to 100,000 plus miles. Farniok
indicated the Police Department does have a policy about rotating the vehicles, with two officers assigned
to each vehicle so they are not running 24/7. Farniok stated as of this week, one vehicle is currently in the
shop undergoing repairs and another vehicle is scheduled for repair in the near future. Farniok noted
there are also two 4 x 4 Tahoes that are not pursuit rated on the CIP list and will not be replaced in the
future.
Walsh stated to his understanding the City has 14 vehicles total. Walsh stated from what he remembers,
the SRO and CSOs have low miles on their vehicles. Walsh asked whether any consideration has ever
been given to supplying those officers the vehicles with the higher number of miles.
Farniok stated the vehicle being used by the CSO currently does have approximately 200,000 miles on it
and that he would like to get rid of that vehicle and replace it with a vehicle that has 50,000 miles on it.
Farniok stated the CSOs do put quite a few miles on the vehicles and that the two Tahoes that are
assigned to the SROs are not pursuit rated and cannot be used as patrol vehicles.
Walsh asked why the CSOs cannot have a vehicle that has over 100,000 miles on it so the patrol officers
could use them longer. Walsh stated they have seven investigative unmarked vehicles, with each officer
all having their own vehicle. Walsh asked what car the Police Chief drives.
Farniok indicated he has the 2013 Durango.
Walsh stated in past years the Police Chief would use an older vehicle since he is basically going back
and forth from home. Walsh stated the Police Department needs to look at all the vehicles and all the
mileage and that he would like to see that type of information. Walsh noted back onNovember 23, when
the police department's CIP was presented, he said he would like more information. Walsh stated he then
received an e-mail or memo dated November 24, which the Council did not receive until Friday. Walsh
stated the Council is getting this information at the last meeting of the year and that he is not sure why he
should approve something so fast. Walsh stated he would also like to see three different bids and then
disqualify any bid where there is a relative of someone in the police department working there.
Farniok noted the bids are through the dealership that is awarded the state bid. Farniok stated if they go
to a different dealership, they would pay a slightly higher fee, and that they are obligated to go with the
state contract pricing.
Page 15 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
9. AUTHORIZATION TO PURCHASE 2016 SQUAD CARS (continued)
Walsh stated he would like to see other bids.
Farniok stated he has gone to Ryan Chevrolet in Buffalo in the past but that most dealerships will not
even consider it. Farniok stated most dealerships will not honor the state pricing unless they are able to
sell more vehicles. Farniok stated most of the time Fergus Falls provides the Ford vehicles and Dodge of
Burnsville will provide the Dodge vehicles. Farniok stated it is typically the same dealerships that have
the state contract.
Walsh stated he would like to see more pricing information as well as more information on the current
vehicles the police department has.
Farniok noted within Staff's report is a list of every vehicle with the mileage.
Walsh stated if there is a high mileage vehicle, they could swap it with someone who does not put so
many miles on it.
Farniok stated the investigators will use the vehicles with more mileage, but once the vehicles reach
100,000 miles, they tend to have costly repairs. Farniok indicated they are able to get a higher resale
value by trading them at around 90,000 to 100,000 miles. Farniok noted most Dodge vehicles will have a
100,000 mile warranty on them but after that the power train warranty is off.
Walsh asked if the City could sell them at auction.
Farniok stated they have looked at that and that they tend to receive a higher trade-in price than the
auction prices.
McMillan stated she does not want to micromanage the Police Chief's decisions and that he has done a
good job through the years managing the fleet and his budget. McMillan indicated she is okay with
approving the purchase.
Levang moved, Cornick seconded, to approve the purchase of three 2016 Dodge Police Charger
AWD for $25,700 and one 2016 Dodge Ram pickup for $26,141, plus tax, registration and other
miscellaneous fees from Dodge of Burnsville. VOTE: Ayes 4, Nays 1, Walsh Opposed.
X10. DISPOSAL OF FORFEITED VEHICLE
Levang moved, Printup seconded to approve the disposal of a 1994 Chevy Pickup,
VIN42GCEK19K7R1205875 through the Auto Auction. VOTE: Ayes 5, Nays 0.
Farniok reported he met with the Transportation Director in reference to submitting some numbers for
bonding related to the Highway 12 improvements. Farniok stated he would like to hold a public meeting
to discuss the options and some possible changes that could be made on the Highway 12 bypass.
Page 16 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
*10. DISPOSAL OF FORFEITED VEHICLE (continued)
Farniok stated they have kicked off a 12 for 12 campaign, which is an awareness campaign to help
eliminate fatalities on Highway 12 over the next 12 months. Farniok stated there will be more squad cars
visible on Highway 12 as part of that awareness campaign. In addition, the possibility of creating turn
lanes for northbound traffic on County Roads 90 and 92 is being considered as well as a roundabout.
Printup stated he would like to thank Senators Hertzog and Osmek for meeting with Commissioner
Lazelle for highlighting the issues and safety concerns with Highway 12. Printup stated the
Commissioner indicated he is receptive to the safety audit, which Police Chief Farniok was instrumental
in creating as it relates to the Orono section.
PLANNING DEPARTMENT REPORT — JON SCHWINGLER, REPRESENTATIVE
11. #15-3769 CHRIS LAPPEN AND KALLYN BIALOWAS, 3409 EASTLAKE STREET —
VARIANCES — RESOLUTION NO. 6567
Senior Planner Gaffron stated the applicants are requesting variances for average Lakeshore setback, lake
setback, side yard setback, and hardcover in order to construct a detached garage. Due to the creek, this
property and the property to the east is considered a lakeshore lot.
The applicants originally proposed to construct a 2 -stall 21' x 21' detached garage to replace a similar
garage that had been removed by the previous owner some years ago. After the Planning Commission
review in October, the applicants revised their plans slightly be reducing the footprint from 2P x 2V to
20' x 20', reduced the roof pitch to provide some visual relief to the neighboring property owner,
increased the proposed side setback from 5 to 6 feet, increased the setback to the creek from 18.5 feet to
19.5 feet, and reduced the proposed hardcover from 49.6 percent to 48.89 percent where 61 percent exists
and 25 percent is allowed.
The Planning Commission recommended approval of the revised proposal given the fact that there are no
reasonable location alternatives and an attached single -stall garage would likely require similar if not
greater variances.
Comments have been received both for and against the proposal and are included in Council's packet.
Staff recommends approval of the application subject to the following:
Applicants are to remove all hardcover items as proposed, including reconstruction of the
driveway to meet the proposed hardcover percentage of 48.9 percent.
2. Grading and drainage plan to be carefully implemented to avoid impact to neighboring properties.
Levang asked what other configurations on the property were looked at.
Gaffron stated one possible location is bringing it closer to the house but that City Code requires a 10 -foot
setback between a principal structure and an accessory structure. Part of that setback is related to visual
impact and the other part is related to separation for fire safety reasons.
Page 17 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
11. #15-3764 CHRIS LAPPEN AND KALLYN BL&LOWAS, 3409 EASTLAKE STREET —
VARIANCES — RESOLUTION NO. 6567 (continued)
In order to push it forward and attach it to the house, significant changes to the house would be required
and there really is no location in the front given the 50 -foot setback. Moving the garage further back
would require additional hardcover for the driveway and would be closer to the lake. Gaffron stated in
his view there really are no other options.
Levang asked if anyone talked about removing the deck.
Gaffron stated they could attach a garage back there but that it would require additional driveway to
service it.
Walsh stated they could put it where the bump -out window is and have a one -stall garage. Walsh stated
all the houses with this lot width either have no garage or a one -car garage and that the neighbor next door
built a one -car garage. Walsh stated it is not a matter that they cannot but it is not the preferred option.
Gaffron displayed photographs of the property. This property had a two -car garage in the past and was
one of the factors that suggested to the Planning Commission that it would not be unreasonable to have
two -car garage.
Chris Lappen, Applicant, stated they did look at attaching the garage to the house and it would require
frost footings, which would be anywhere from $75,000 to $100,000 and would be about half the value of
the house. It would also eliminate the windows on that side of the house. Lappen stated in their view it
would not feasibly make sense to put the house there. Lappen noted they will be removing the pavement
closer to the creek if the project is approved.
Printup asked when the older garage was removed.
Gaffron stated it was removed in 2011.
Printup asked why they are not rebuilding on the old pad.
Lappen indicated the concrete is dilapidated and is approximately eight feet to the creek. Lappen stated
they are proposing a minimal size garage at 20' x 20' and that the new garage would be 19 feet from the
creek.
Levang stated she appreciates the changes from when they first presented the proposal and that they have
taken the neighbor's concerns into consideration.
Printup asked what the code is regarding the current slab.
Gaffron stated once the structure is removed, the property owner has one year to rebuild it, in kind.
Gaffron stated since the older garage was closer to the creek, this is a good opportunity to move it further
away.
'_McMillan noted the City has granted variances in the past for a garage and that the two main questions
are how big it should be and how should the impact be minimized.
Page 18 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
11. ##15-3769 CHRIS LAPPEN AND KALLYN BLALOWAS, 3409 EASTLAKE STREET —
VARIANCES — RESOLUTION NO. 6567 (continued)
McMillan stated it is a small two -car garage and that some people might consider it a one -stall garage
with some storage. McMillan noted the applicants purchased the property without a garage.
Levang asked if the house was sitting vacant prior to their purchase.
Lappen stated to his understanding it was a rental property.
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6567, a Resolution Approving
Variances from Orono Municipal Zoning Code Sections 78-1279(1); 78-1279(6); 78-1405(6); 78-
1680; and 78-1700 (1) for Property Located at 3409 Eastlake Street. VOTE: Ayes 5, Nays 0.
12. ##15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND MELISSA
MULHERAN, 460 ORCHARD PARK ROAD — FINAL PLAT APPROVAL AND AMEND
WETLAND OVERLAY DISTRICT — RESOLUTION NO. 6568 AND ORDINANCE NO. 162
Gaffron stated an application for a preliminary plat to split this 23 -acre property into two 5 -plus acre lots
was approved by the City Council on October 26, 2015. A requirement of preliminary plat approval was
that the deminimus fill of wetland to accommodate the driveway for Lot 1 would be subject to Orono
Code provisions for removing that portion of wetland from the Wetland Overlay District. The amount of
wetland filling is 930 square feet.
The Minnehaha Creek Watershed District has determined that the proposed fill meets the Wetland
Conservation Act criteria for deminimus fill and therefore no mitigation is required. The proposed fill
reduces the 5.52 acre wetland to 5.50 acres. The MCWD has also required the installation of two rain
gardens on the site, which will be established at the time the shared driveway system is installed as part of
the development improvements.
Staff recommends approval of the ordinance which redefines the wetland boundary and removes the 930
square feet deminimus fill area from the Wetland Overlay District as well as the resolution approving
final plat approval.
Mayor McMillan opened the public hearing at 8:37 p.m.
There were no public comments regarding this application.
Mayor McMillan closed the public hearing at 8:37 p.m.
The City Council had no questions regarding this application.
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6567, a Resolution Approving the
Plat of Orchard Farms. VOTE: Ayes 5, Nays 0.
Levang moved, Printup seconded, to adopt ORDINANCE NO. 162, Third Series, an Ordinance
Amending the Official Wetland Overlay District Map. VOTE: Ayes 5, Nays 0.
Page 19 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN 0/11/0 IRWIN ACOBS, 1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569
Gaffron stated at the November 23 City Council meeting, the Council voted 5-0 to table the application,
directing Staff to prepare a revised Preliminary Plat Approval Resolution for review and consideration.
The revisions include the following:
1. Page 2 — Documentation of 11123 meeting actions.
2. Page 3 — Removal of the reference to Outlots A, B, and C and replace with just Outlot A.
3. Page 4, Item 11, revised language to exclude reference to three outlots, added tie-in of Outlot A to
Lot 4.
4. Page 7, Item 1, revised language regarding outlots.
5. Page 9, Item 8(c), revised construction hours per Council discussion, added definition of road
Completion.
6. Page 9, Item 8(h). The Council had suggested adding the applicants proposed school
pickup/drop-off traffic control as Item 8(h), but there was not a consensus of whether that
authority should be placed only on the Police Chief. After discussions with the Police Chief and
City Attorney, Staff has substituted text with regard to the process for determining if and when a
problem exists and a process for addressing it. The School District's bus schedule for Heritage
Lane has only minimal a.m. /p.m. overlap with the 8:30-4:00 restriction, with the exception of
secondary student drop-off from 2:55 to 3:15 p.m.
7. Page 9, Item 8(i), language has been added addressing the process to be followed regarding
installation of temporary speed bumps, requiring majority petition of homeowners, public hearing
and Council approval.
The applicant has also provided a drawing showing the proposed temporary signage for traffic control.
Absent further information, Staff assumes these will be placed within the development site. Placement of
the signs within City or County right-of-way would require appropriate approvals.
Staff recommends adoption of the draft resolution. Council should direct Staff with regard to any
necessary revisions in order to accurately reflect Council's conclusions with regard to this subdivision.
Michael Steadman stated they are in agreement with Staff and would be able to answer any questions.
Levang stated on Page 3 of the resolution, Point 9, she would like to clarify that what is being discussed
in Point No. 9 is the extension of the road and that they are not talking about the homes themselves.
Levang stated she would like that language to read as follows: "Residents of the Foxhill neighborhood
have expressed concerns with safety, noise, and general neighborhood disruption anticipated with regard
to the construction of the public road improvements.
Page 20 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OBIO IRWIN ACOSS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
The Council finds that it is appropriate that special conditions be established for use of Heritage Lane for
the extension to minimize the disruption and enhance safety." Levang stated it has been her
understanding that the concern has been relating to the construction of the road.
Walsh stated to his understanding it was both and that it related more to the homes than the road
construction.
Levang noted the construction of the road will require bigger equipment and that what Mr. Libby showed
in his diagram was the impact of two huge vehicles side by side on Heritage Lane. Levang stated that
impact is what distinguishes it from other developments in the City. Levang stated the Council is not
often in the position where the City is making improvements to a public road in order to advance the
building of new homes and that she would like to have the resolution be very specific about why these
special conditions are required.
Walsh stated he still believes it relates to both.
Levang stated that is the language she is proposing.
Walsh stated it does not make any sense to remove that. Walsh stated Council Member Levang is saying
that the City is okay with the longer work hours for construction of the new homes, which is what the
neighbors were saying they did not want. Walsh stated the residents wanted all the workers and
equipment to go through 1700 Shoreline.
McMillan asked if the speed bumps would just be temporary.
Gaffron stated they are not intended to be permanent and that the residents could choose to have them
during the construction of the road as well as the three homes. Gaffron stated from a Public Works
perspective, it does not make sense to have permanent speed bumps simply because three new homes are
being added to the road.
McMillan suggested the words "during the construction period" be added to the end of Item I on Page 9.
As it relates to the construction of the homes, restricting the hours from 8:30 to 4:00 does not make a lot
of sense when it appears that's close to when the secondary buses are going through the area. McMillan
stated she does not want that restriction in the summer when school is not in session.
McMillan stated she also does not want to bump the time up to 3:00 since the elementary school bus goes
through there at 3:15. McMillan stated she would like the hours to start at 8:30 and go to either 7:00 or
8:00, which are the City's normal construction hours. McMillan stated in her view making the home
construction very onerous by narrowing the hours will result in a prolonged construction time and make it
difficult for some of the homes to be built in a timely manner. McMillan noted the City has not required
this with other homes being built in the City and that she has a concern it will be requested by other
neighborhoods.
Page 21 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
McMillan noted the Council just approved the extension of McIntyre Lane. In that case the actual road
extension is going to come off a different access and be built, but once the road extension is built, the
building times are the same as the City Code. McMillan stated she would love to give everybody breaks
in the City, but as an elected official, her job is to administer the City Code. The City Code lays out the
home construction hours and everybody abides by them. McMillan noted there are currently two vacant
lots next to Mr. Libby, and if those get developed at the same time as any one of these three homes, that
contractor will basically be allowed to work from 7 a.m. to 7 or 8 p.m. McMillan stated they could be
building on those lots and impacting the neighborhood but the people further down have to be on a whole
different schedule.
McMillan stated she is trying to be as fair as she can be to the entire City and have a set of codes that are
enforced uniformly. McMillan stated she needs to justify a deviation from the code. McMillan stated she
can understand the restrictions during the construction of the road since it is a city road but that she is
troubled by the restrictions during the house construction. McMillan stated once the major roadwork is
completed, the service vehicles will be parked further away from the neighborhood and that the owners
have the same right as anybody else to construct their homes. McMillan stated it is a fairness piece and
that the construction will impact the residents but that is the code the City Council and residents follow.
Levang noted the buses will not run in the summer and that the summer work hours should be consistent
with the City's code, which is seven days a week, 7 a.m. to 8 p.m. On Saturday, Sunday and holidays it is
8 a.m. to 8 p.m. Levang stated in her view that is only equitable since that is what every other builder in
the City gets. Levang noted the contractor will also have to deal with weight restrictions in the spring.
Levang stated the City does have a code that says the exterior of the house must be buttoned up within a
year. Levang stated given the restrictions, what will probably end up happening is bigger and bigger
crews being hired to get the work done, which will generate more traffic. Levang stated they need to look
at it logically as well as equitably. Levang stated she would like the summer hours to revert back to what
City Code allows and that she is okay with the road construction hours being limited.
Printup noted the City Council discussed last minute changes earlier when it related to budgetary items
and that some of the Council Members were opposed to that but that now they are talking about last
minute changes relating to the resolution. Printup stated the developer was okay with the restrictions and
that the Foxhill residents would get the short -end of the stick with the longer hours. Printup stated he
liked some of the talk about school session hours versus summer hours, but that he would like to hear
more public continent on that.
Walsh stated after a number of discussions the City Council arrived at an accommodation relating to this
development. Walsh stated while there may not be buses coming through in the summertime, the 17 kids
will be there during the day, with the possibility of there being additional kids in the neighborhood.
Walsh stated that change would take them in the opposite direction from what was previously discussed
and revising something at the last minute.
McMillan stated she struggles with the logic of it. McMillan stated ultimately the City Council makes the
final decision but that they need to look beyond this situation and say what is fair for the City.
Page 22 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OIBIO IRWIN ACOSS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
McMillan stated she is not sure that an 8:30 to 4:00 restriction during the summer will result in fewer cars
than having longer hours. McMillan stated they also do not know when the lots will get developed but
that this is a small development with only three lots being created. McMillan stated they also do not
know how much traffic will be created. McMillan stated in her view the developer has made some nice
concessions and that she is okay with eliminating that restriction in the summer.
Walsh stated the City does know when the buses come and leave, they know there are no buses in the
summertime, they know that all the traffic will be going down Heritage Lane, and they know how many
kids live in the neighborhood. Walsh stated the items the Mayor brought up are irrelevant.
McMillan stated there is going to be traffic whether it is related to the construction or the neighborhood.
Printup asked what the process would be if speed bumps get put in and trucks are bouncing over them,
losing equipment, and the residents would like them taken out.
Mattick stated in his view it would be the same process.
Mayor McMillan opened the public hearing at 9:03 p.m.
Kevin Kokesh, stated he is an attorney representing Dr. Komar, who resides at 1005 Heritage Lane.
Kokesh stated in his view there is a solution to all the problems that have been raised, and the solution is
to have the access through 1700 Shoreline. Kokesh stated if they are worried about access, construction
traffic, and the impact to everyone on Heritage Lane, they could put the access through 1700 Shoreline.
Kokesh questioned why that is not being discussed.
McMillan noted the Council has discussed an alternate access route in the past.
Kokesh stated there has not been a lot of discussion about that and that the neighbors' engineer has said
that it is feasible and it can be done. Kokesh stated because the property owner does not want cars to go
through his property, the cars are being directed down Heritage Lane even though there is an alternate
access.
Walsh stated the City did receive the engineer's report as well as the developer's engineer's report but
that the Council voted 3-2 to allow the traffic down Heritage Lane.
Kokesh stated maybe he can convince them to change their mind. Kokesh stated the alternate road is
logical, reasonable, and would only impact one person. Kokesh noted the City is instead talking about
buses and construction traffic and speed bumps rather than an alternate access.
Greg Coward, 1950 Heritage Drive, stated he is wondering when the City Code of Ordinances (CCO)
came to the Mayor's attention. Coward stated at the last meeting the Council discussed the work hours
and at the last minute the Mayor has now brought up the CCO.
Page 23 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. ##15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
McMillan stated the developer has offered up some concessions, she has thought about them, and is in
agreement with a fair amount of them. McMillan stated she brought up the summer hours in the event the
Council is willing to look at that. McMillan indicated she is worried about setting a precedent on the
construction hours.
McMillan stated sometimes the meetings get long and there are a lot of things that she thinks about during
the meeting but that sometimes there are things in writing that raises questions as to whether it is 100
percent in the direction that will work. McMillan stated it is a process and that sometimes there are a lot
of issues to look at. McMillan stated she also has to consider the people who are not at the meeting and
how the CCO will be applied in the future.
McMillan stated she is comfortable with eliminating construction on the road on the weekends but that in
her view the restricted work hours on the homes is a little too onerous.
Walsh stated when the Mayor uses the word precedent to defend herself, she is basically hiding behind it
and that this is a unique situation and will not set a precedent.
Coward stated if the Mayor is saying that this is the CCO and she lives by the CCO, which is something
the Mayor should have been absolutely sacrosanct about from day one and not approved any concessions.
Coward stated the Mayor needs to be consistent with that, and in this case she is bending way over
backwards for the developer.
McMillan stated it is her personal opinion and that she might not be in the majority. McMillan stated she
tries to do her best to administer the CCO as a Council Member.
Levang stated she has been paying attention to the CCO all along and that what is in the existing code
allows a developer 89 hours a week. The Council and developer have agreed to 45 hours, which is a
difference of over 40 percent. Levang stated in her view that is onerous and puts a huge demand on this
development, which is not fair. Levang stated if they were talking about 10 or 15 percent, that would be
one thing, but that given the very restricted hours, it is likely the contractor will need to increase his crew
and do other things in order to get the work done. As a result, that will mean more cars in the
neighborhood and a longer construction period.
Levang stated she has had the CCO in mind all along and that they are making an exception here because
the residents have asked the Council to do it and because the developer has been amenable to it. Levang
stated it is not likely that most people would agree to a 40 percent reduction in work hours if it involved
their house and that she is simply asking that the developer be treated fairly.
Coward asked how the residents of this neighborhood are being treated fairly.
Levang noted the developer has made a number of concessions.
Coward asked how long this application has been in front of the City.
Page 24 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
Gaffron stated there has been an application before the City for the last approximately six months but that
it was probably at least a year ago that it was first discussed.
Coward stated he has been involved in attending Planning Commission and City Council meetings since
late August or September when the process officially started.
Walsh stated he does agree with Council Member Levang that it is decreasing the hours by 40 percent but
that they are probably increasing the traffic through the neighborhood by 100 percent. Walsh stated these
are accommodations everyone thought about, discussed and felt were reasonable and now all of a sudden
everyone wants to talk about something different.
Coward stated not once during the time he sat at the meetings did he hear anything about a road that went
through the bluffs rather than over the bluffs. Coward stated in his view there has been misdirection.
Coward noted at the last meeting the Mayor said that a truck could not go down that road. Coward asked
how she knows that.
McMillan stated the road is something that a person could drive an ATV on and that there is no Class 5
on it. McMillan stated she does not know how the City could legally require an alternative road when the
property owner is entitled to access over the public road.
Coward stated her opinion should have been that she does not want to be sued so she will not vote for it
and not to tell the residents that they cannot drive a truck on the road. Coward stated presumably the road
could easily be fixed to accommodate the traffic.
McMillan stated she has a number of problems with the road and that it would require the removal of
trees and the widening of it. McMillan stated the City is also not sure which lot will get developed first.
McMillan stated in her view the alternative road is a far-fetched idea and not really possible.
Coward asked why the Council talked about the bluffs then.
McMillan indicated the discussion about bluffs was not her idea and that she let other people talk about
that.
Coward stated the residents talked about bluffs because no one at the City said in front of the residents
that the discussion should be about the path not accommodating construction equipment. Coward stated
no one ever said that they could go through the bluffs and not over them. Coward stated he resents the
fact that the residents were not given this information and that he expects the City to have the facts about
this development and inform the residents so a good decision can be made.
Melanie Flessner, 1190 Heritage Lane, stated many changes have taken place in their neighborhood over
the past 50 years, which is apparently how long some of these codes have been in place. Flessner stated
there is now at least 35,000 cars on a daily basis going up and down County Road 15 and that it is a four
minute wait from Heritage Lane onto County Road 15.
Page 25 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
Flessner stated she has seen oftentimes five cars behind her attempting to get out. Flessner asked how
long the residents are supposed to wait to get out onto the road.
Flessner noted the County has had other plans to get out of there, such as closing of Foxhill and Heritage
Lane and creating an access off of Brown Road. Flessner stated the County has concerns with people
entering Heritage Lane and all the construction that has happened on Shoreline Drive. Those vehicles all
accessed directly off of Shoreline Drive and did not come down Heritage Lane. Flessner stated 35,000
cars is too much and that she does not want to have to worry about getting onto County Road 15 and
possibly being hit from behind. Flessner stated the City needs to be more forward thinking when it comes
to the Code and that she is hoping the City Council will look at the residents' rights as well.
Flessner indicated she did have a question on the signs. Flessner stated she understands the handout said
that the sign would say only a right-hand turn is allowed onto Shoreline Drive. Flessner asked who would
be designing the signs and how big they would be.
Gaffron displayed the proposed signs.
McMillan asked where the signs will be located.
Steadman stated they are very open to placing the signs in locations that would be as least obtrusive as
possible.
Flessner asked whether the sign that says Tanager Estates will be posted on Heritage Lane.
Steadman stated the first sign on the overhead will be posted at the entrance to the subdivision.
Flessner asked if the signs will block the view of the lake.
Steadman stated the signs will be 2' x 2' or 3' x 3'.
Flessner stated she has concerns with the size of the signs and that they could become an eyesore.
Steadman stated the contractors will see the one sign at the entrance of Heritage Lane and Shoreline
Drive.
Flessner asked if there is any requirement that the developer inform the contractors of these restrictions.
Gaffron stated as part of the stipulations, the developer is required to notify the contractors.
McMillan suggested having photographs submitted showing where they would like the signs placed.
Flessner stated she would like to be able to see the lake and see whether there is a car coming down the
road.
McMillan stated Hennepin County should also be notified of the signs.
Page 26 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. ##15-3774 MICHAEL STEADMAN OBIO ] RWIN ACOBS,1700 SHORELINE DRIVE
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
Matt Mithun, 1160 Heritage Lane, stated with the right turn only sign, it should perhaps say all
construction vehicles rather than simply contractors. Mithun indicated he had a conversation today with
Mr. Gaffron and Mr. Steadman about the hours and that all along they have talked about Monday through
Friday, 8:30 to 4:00 for the road construction. In addition, in the email today they were talking about
when the houses were built that it would remain Monday through Friday.
Mithun stated he would like to note again for the record that the majority of the neighborhood has never
opposed the development. At the last meeting there was a misconstruction of the residents' message to
imply that there is opposition to the development, which has never been the case. Mithun stated the
residents would like to see the contractors get the work but that it should be done in a fair and reasonable
way.
Mithun stated as it relates to fairness, this project is going to make a mess of the neighborhood and that
there are 17 kids in the neighborhood and 40 individuals who will be impacted for a number of years.
Mithun stated it would be one thing if there was no place for an alternative road but that there is a very
viable access that the City should have done more work in reviewing. Mithun stated in his view the City
will not get sued over the alternative access and that it is a little disheartening that the Council is
considering scaling back some of the restrictions.
Walsh stated he remembers the homeowner association's president saying every time that the residents
are not opposed to the development.
Mithun stated it is not a matter of whether they can legally bring it through Heritage Lane but whether
they should.
Printup stated he has two modest sized houses on each end of his street under construction and that there
are trucks early in the morning and cleanup. Printup stated the City should perhaps put some street
cleaning conditions on.
Levang noted there will be street cleaning every day.
Gaffron stated there is language in the resolution requiring street cleaning every day.
Len Dayton, 1980 Heritage Drive, stated he appreciates how much effort the Council Members have put
into leading the City and that it is, for the most part, a volunteer position. Dayton stated he saw a copy of
a letter from Mr. Beam of Bolton &Menk addressed to Mr. Gaffron dated October 22, which is quite a
lengthy letter. The letter starts out saying, as requested, we have completed an engineering review of the
documents submitted for the above -referenced project. We offer the following comments for your
consideration. Dayton stated he wants to be certain that the comments that were made in that letter have
been or will be, prior to final plat approval, addressed by Staff and presented to Council so they have an
understanding of what the issues are.
Page 27 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OBIO IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
Gaffron stated he has had a number of conversations with Mr. Beam regarding the level of completing or
addressing every item in the letter and determining which items are critical to have completed prior to
preliminary plat approval and which ones should be addressed prior to final plat approval. A number of
the comments relate to the Watershed District. Gaf&on stated he does have every expectation that
everything on that list will be addressed prior to final plat approval.
Dayton stated .Point 1.1 says that a bluff analysis should be submitted to confirm bluff areas on the
plans. Dayton stated he would further point out that the main point that the developer brought to the
table, probably at the first meeting, was when an engineered diagram was brought forward of what the
proposed construction route will look like, which really focused on the bluffs. Dayton stated he
specifically recalls the Council talking about that and how the bluffs were too steep to form a construction
route down through the bluffs. Dayton stated the bluffs have been an issue right from the beginning.
Dayton stated the neighborhood paid $2,000 for an engineering study to be done but that it unfortunately
was delivered by a person who was rather monotone and was only given five minutes to deliver a 10 -
point report. Dayton stated the one point that should have been focused on was why an alternative
construction route is a plausible concept. Dayton stated in his opinion the alternative construction route
has not been given enough time for study or discussion. Dayton stated in his view the residents tried to
do something that should have been considered by the City Council and it has not been given due
consideration.
Dayton indicated he did speak with one of the Council Members recently and that Council Member did
indicate that they put a lot of thought into the alternative road and had met with Mr. Gaffron and reviewed
it. Dayton stated he does appreciate that, but that in public format and public sessions it does not feel like
it has been given due process. Dayton stated he is presuming this will be approved tonight, but that he is
hoping the City Council will go through the process to determine whether the alternative road is viable.
Dayton stated he is not opposed to the development, and that at some point over the course of this, the
neighborhood suggested bringing the heavy construction equipment through Heritage Lane in stages. All
the residents are asking for is a more safe passage by having the developer essentially pay for an
alteration to a more permanent pass that exists between the bluffs and down the valley into the
construction area. Dayton stated he wants to make sure that has been heard and that it is on public record
tonight.
Dayton indicated he has also talked to another developer in Orono with quite a bit of experience. Dayton
stated he understands a bond for road surface damage to Heritage Lane has to be submitted and that the
damages are typically not mediated right away and assumes that the asphalt surfaces will be torn up with
all the heavy equipment. Dayton stated it likely will take three to five years to complete the project.
Dayton asked if it will be at the end of the three to five year period that repair of the asphalt road will be
completed. Dayton further asked what happens in the meantime as the road is torn up and whether the
developer is required to lay down Class 5 gravel as a replacement surface. Dayton stated street cleaning
would not do a whole lot of good if they are sweeping up a Class 5 roadway.
Page 28 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
Gaffron stated the letter of credit that is required is 150 percent of the cost of the public improvements but
does not necessarily include a bond for repairing or maintaining the existing road. Gaffron stated the City
has done that in the past on occasion and that may be a logical thing to do in this situation. Gaffron stated
on a regular basis the City Engineer will take pictures of the road as well as conduct an analysis of the
road prior to construction.
David Martini, Consulting City Engineer, stated the road should be able to handle this sort of traffic but
that a lot of the damage that occurs in construction is related to parking. Martini stated one good thing
about this proposal is that the parking will be at the end of the road. Martini indicated they will do a
preconstruction assessment and then monitor the condition of the road during the construction. At times
the City will take care of the repairs and then bill the developer. Martini stated in his view there is a good
process in place to make sure that gets covered and that it can include the house building process in order
to further monitor the condition of the road.
Gaffron noted construction parking will not be allowed on the road and that it will need to occur down by
the cul-de-sac.
Mayor McMillan closed the public hearing at 9:43 p.m.
McMillan stated prior to final plat approval, she would like to see the plans include the retaining wall, tree
mitigation, and then have the developer work with the two neighbors on either side and ask them where
they would like the tree replacement to go. McMillan stated she would also like to know how large the
replacement trees will be and the size of what will be removed.
Levang stated she would like to add the road mediation piece to the resolution.
Mattick noted this is a preliminary plat and that condition can be added at final plat, assuming one of the
goals is to have closure on the resolution tonight. Mattick stated if the road is damaged during the
construction process, the developer will have to fix it, which is a condition that is usually included in final
plat.
Cornick asked if the construction hours could be tabled.
Mattick stated it is something that is already contemplated in the resolution but could be changed.
Cornick stated the hours do seem to have some future implications and that he would be supportive of the
Mayor on the summer hours.
Printup asked what the change again is.
McMillan stated she would suggest allowing the normal city code hours during the summer.
Levang stated those hours would be defined based on when the school lets out in the summer and resumes
in the fall.
Page 29 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN O/BIO IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
McMillan noted she had one change to Item (i).
Cornick asked if the issue of an alternate road should be put to rest and whether the Council should just
say yes or no to it.
Mattick stated if this resolution is adopted, it is no to the alternate road.
Printup asked if the applicant would be willing to continue his flexibility by changing the hours to 9 a.m.
to 4 p.m. during the school year if the summer hours are expanded.
Levang noted they are currently asking for a seven hour work day and that the 9 a.m. to 4 p.m. work day
would mean they would have workers who are only going to get paid for six hours a day.
Steadman stated they would be open to that but that he would like to point out that any restricted
construction hours would add more time to building each of the homes. Steadman indicated normally this
size home would take 11 to 12 months to build and that they could be adding a substantial amount of time
to each home. Steadman stated their goal here is to get it built as quickly as possible with as little
disruption as possible. Steadman noted most contractors would prefer to be at the construction site early
but that they are going to work within those boundaries as best they can. Steadman stated the reality,
however, is that there will be delays.
Walsh stated it is a trade-off for safety of the neighborhood.
McMillan stated the hours could go from 7:00 to 3:00, which may be more practical.
Printup stated the later morning hour would also let the workers put their own children on the bus.
Levang stated the reverse would also be true as well and that they are not gaining anything.
Printup stated they are gaining something for the neighborhood.
Levang asked if the Council is okay with 9:00 to 4:00 during the school session, Monday through Friday,
and then seven days a week during the summer from 7 a.m. to 8 p.m., with Saturday, Sunday and holidays
from 8 a.m. to 8 p.m., which is what the City Code says.
Printup stated he liked it before when Sundays were excluded.
McMillan stated then the City Council should look at changing their code to exclude Sundays.
Walsh stated the Council is negotiating against the residents of Foxhill.
Page 30 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE —
PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued)
Levang stated that is the code and that it applies to every other builder in the City. Levang stated she
would be happy to have the discussion on the work hours moved up on the Council's work session
agenda so they can talk about it.
Walsh stated Council Member Levang is picking out code to her satisfaction and when it supports her
position.
Cornick moved, Levang seconded, to adopt RESOLUTION NO. 6569, a Resolution Granting
Preliminary Plat Approval for a Class III Subdivision of Property Located at 1700 Shoreline Drive,
subject to the conditions that have been discussed concerning the hours of construction during
school times, which will be from 9 a.m. to 4 p.m., Monday through Friday, and during the
summertime the work hours will be per City Code, which is 7 a.m. through 8 p.m. Sunday through
Saturday; subject to the inclusion of the following language under Point 9 on Page 3: `Residents of
the Foxhill neighborhood have expressed concerns with safety, noise, and general neighborhood
disruption anticipated with regard to the construction of the public road improvements. The
Council finds that it is appropriate that special conditions be established for use of Heritage Lane
for the extension to minimize the disruption and enhance safety;" subject to Item (i) being amended
to read that if a majority of the homeowners submit a written request for speed bumps, the City
will install them but they are to only be in effect during construction of the road and homes and not
permanently; and subject to the language on the signs reading construction traffic rather than
contractors.
Printup requested that Sunday not be a work day.
Levang stated construction on Sunday is allowed in the City Code and that other builders are allowed to
do that.
Printup stated the Council can deviate from that if it is requested.
Walsh indicated he would be in favor of restricting construction on Sundays.
Cornick asked how likely they will be working on Sundays.
Printup stated probably not likely.
VOTE: Ayes 3, Nays 2, Printup and Walsh opposed.
(Recess taken from 9:58 p.m. to 10:05 p.m.)
Page 31 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
14. #15-3789 THE BROADWAY GROUP, LLC, 3590 NORTH SHORE DRIVE —
VARIANCES — PUBLIC HEARING — RESOLUTION NO. 6570
Gaffron stated the applicant's initial request was for variances for front (street) and side yard setbacks in
order to reconstruct the home on the same footprint, plus a minor expansion lakeward and addition of a
deck. Upon submittal of an updated and corrected survey, it was determined that a lakeshore setback and
an average lakeshore setback are also required. The City Council, on November 23, suggested a further
revision of the deck location to reduce possible impacts to neighbor's views.
A revised plan has been submitted. The applicants are proposing a 20 -foot encroachment into the average
lakeshore setback up by the house as well as a 2 -foot encroachment of the house addition and a 10 -foot
encroachment of the deck addition into the average lakeshore setback. The existing and proposed house
are located 49 feet from the lake where a 75 -foot setback is required. The house addition is 73 feet from
the lake where 75 feet is required. The proposed deck is now 59 feet from the closest portion of the lake.
The structural coverage has been modified so that it remains under the 15 percent limit. The proposed
hardcover is under the 25 percent limit.
A hearing notice has been published and mailed for the average and lakeshore setback variances.
Planning Staff recommends approval of the side and street setback variances as well as the lakeshore and
average lakeshore setback variances.
Mayor McMillan opened the public hearing at 10:08 p.m.
There were no public comments.
Mayor McMillan closed the public hearing at 10:08 p.m.
Walsh moved, Cornick seconded, to adopt RESOLUTION NO. 6570, a Resolution Approving
Variances from Orono Municipal Zoning Code Sections 78-1279(1); 78-1279(6); 78-250; and 78-
1680 for the Property Located at 3590 North Shore Drive. VOTE: Ayes 5, Nays 0.
*15. #15-3791 JOSEPHINE CARPENTER, 480 RUSSELL AVENUE — COMPREHENSIVE
PLAN AMENDMENT — MUSA — RESOLUTION NO. 6574
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6574, a Resolution Granting
Preliminary Approval of Amendment No. 3 of the Orono 2008-2030 Community Management Plan
for 480 Russell Avenue. VOTE: Ayes 5, Nays 0.
16. #15-3794 TIM AND MARY DOUBEK — 4565 BAYSIDE ROAD — VARIANCE —
RESOLUTION NO. 6579
City Planner Curtis stated the applicant is proposing to construct a 2,400 square foot pole building
considered an oversized accessory structure between the street and the principal structure on the property.
A setback variance is required in order to construct the building streetward of the home.
The Planning Commission held a public hearing on November 16 and reviewed the application. There
Page 32 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
16. #15-3794 TIM AND MARY DOUBEK — 4565 BAYSIDE ROAD — VARIANCE —
RESOLUTION NO. 6579 (continued)
Staff recommends approval and asks the Council to consider adopting the resolution that has been
provided.
David Bicker, Denali Custom Homes, stated he represents the homeowners and that he would be able to
answer the Council's questions.
Levang stated the drawings for the building are plain and typically the City Council likes a little more
architectural detail. Levang asked whether there will be a cupola or something that will help dress the
structure up. Levang noted to the east of this property the Whites have a similar barn which was nicely
done.
Bieker stated he is not familiar with their property.
Levang stated the site where this accessory building will be is somewhat visible from the road. Levang
stated she would like to see some additional architectural detail added to the building, such as a cupola,
shutters or window boxes.
Walsh asked if that is a required code item.
McMillan stated when there is a variance, the Council can ask for special conditions, especially since the
building is close to the road.
Mattick stated the Council needs to make sure that what the Council is requesting is in relation to what is
being proposed.
McMillan stated in the past the Council has required special architectural features on an accessory
structure when it is visible from the road and that they do not want a building that has an industrial or
commercial look to it.
Bicker stated he is in complete agreement and that the structure will have multiple colors to dress it up
and help it blend in with the environment. Bicker stated the property owners have to drive by the
structure to get to their home and that they would like it to look nice. Bicker noted it will actually be
completely impossible to see it from the road from any property.
Levang stated that is not true and that it will be located where the old apple orchard is
Bicker stated when he stands on the site, he cannot see the road. Bicker stated it is clearly indicated on
the survey that it is heavily wooded around the site and that there is an apple orchard in front of the
building, which makes it very difficult to see the building. Bicker stated they have no intentions of
constructing an ugly building where a million dollar home is being built and that they are proposing this
location because the new home is being built on the existing home site, which takes advantage of the
views of the lake. The previous home was slightly behind it but in the same general location as well.
Page 33 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
16. #15-3794 TIM AND MARY DOUBEK — 4565 BAYSIDE ROAD — VARIANCE —
RESOLUTION NO. 6579 (continued)
Bicker indicated they looked at alternative sites for the building but the majority of the site is wooded or
has steep topography. Bicker noted they would have to construct additional driveway if it was
constructed in a different spot and that this location makes the most sense. Bicker indicated they would
be okay with dressing it up some more if that is what the Council desires.
McMillan commented trees will die periodically and that she would ask for a couple of evergreens in the
front so it will be landscaped.
Bicker stated there are 30 -foot evergreen trees all around it.
Levang stated there are also some people on County Road. 6 that constructed a building and they added an
architectural feature at the Council's request.
Curtis stated they installed a window.
Levang stated it seems the applicant is amenable to some changes and that she would suggest they
perhaps add a cupola, shutters, or window boxes.
Curtis asked if she is looking for something on the street side.
Levang stated that would be fine. Levang asked which way the garage doors face.
Bicker indicated the garage doors face the driveway to the east. Side wall number one faces the road.
Bicker stated they could put some shutters on each side of the window and some planter boxes.
Mrs. Doubek stated she would also add a cupola. The structure has a brown roof and beige sides.
Bicker stated the colors are meant to have it blend in and not stand out.
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6579, a Resolution Granting a
Variance to Municipal Zoning Code Section 78-1434(3) and 78-1435, with the requirement that
four shutters and a cupola on the street side of the building be incorporated into the building.
Cornick asked if landscaping would also be required.
McMillan stated there appears to be evergreen trees there already and that she would rather not add
landscaping into perpetuity.
VOTE: Ayes 5, Nays 0.
Page 34 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
17. #15-3796 A. SADOWSKI DESIGNS O/BIO MICHELE WILLIAMS-ABBOTT, 2941
CASCO POINT ROAD — AVERAGE LAKESHORE SETBACK VARIANCE — PUBLIC
HEARING
Curtis stated the applicant is requesting an average lakeshore setback variance to permit construction of a
second story over the existing home, modifications to a portion of the existing roof to accommodate the
addition, and construction of a new lakeside covered porch over an existing deck located between 38 feet
and 91 feet ahead of the average lakeshore setback line.
The Abbott property is situated between two lakeshore lots owned by the Browns on the north and the
Swenson's on the south. The house on the Brown property is 133 feet from the lake. The Swenson home
is 261 feet from the lake. The Abbott is 136 feet from the lake. The offset of the neighboring homes
results in an average lakeshore setback which almost entirely separates the living space portion of the
house from the garage.
The Planning Commission has not reviewed this application. The applicant is requesting that the City
Council waive reference of this variance application to the Planning Commission for the public hearing.
A unanimous vote is required to waive the Planning Commission review. Notice has been provided of
tonight's hearing.
The 100 -foot offset of the neighboring homes results in the Abbott home being largely nonconforming.
Any expansion in the footprint of the mass of the home requires an average lakeshore setback variance.
Construction plans and annotated site photos showing the addition outline were provided. Both neighbors
have submitted supportive comments and those comments have been included in the Council's packet.
Additions to the home do not appear to impact the neighbors' view of the lake.
Staff's analysis of the practice difficulty was provided in Staff's memo. Staff finds practical difficulties
exist in the arrangement of the three properties and the relationship between the elevations of each of the
homes to support granting the average Lakeshore setback variance. The Council should consider a motion
to waive the Planning Commission's review of the application. The Council should open the public
hearing, consider comments from the public, and direct Staff to prepare a resolution either denying or
granting approval of the average lakeshore setback variance for adoption at the January 11 meeting.
Levang stated she would like the Planning Commission to review this application due to the impact on the
average lakeshore setback.
Cornick moved, Walsh seconded, to waive review by the Planning Commission of Application No.
15-3796, A. Sadowski Designs on behalf of Michele Williams -Abbott, 2941 Casco Point Road.
McMillan noted there is not a Planning Commission meeting in December and that the applicants would
lose at least six weeks. McMillan stated in her view there is a real practical difficulty in this situation.
Printup stated it seems to make sense to move forward with the application as quickly as possible since
the neighbors are out of town and construction could be started in their absence.
Sadowski stated they would like to move forward with a building permit right after this meeting so they
can begin construction.
Page 35 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
17. #15-3796 A. SADOWSKI DESIGNS 0/11/0 MICHELE WILLLAMS-ABBOTT, 2941
CASCO POINT ROAD — AVERAGE LAKESHORE SETBACK VARIANCE — PUBLIC
HEARING (continued)
Sadowski stated they attempted to do their due diligence ahead of time and the fact that there is no
Planning Commission meeting in December came up as a surprise. Sadowski stated the neighbors will be
coming back in the spring and that there is a shared driveway that they got consent to use. Sadowski
stated to push it back another month would make it difficult to finish the project prior to the neighbors
returning.
Levang asked if a building permit could be issued that quickly.
Mattick stated traditionally building permits do not issue until the resolution has been adopted. Mattick
stated as long as all of the necessary securities are in hand, he would not have a problem with the request
that building be allowed to commence before the resolution is adopted. Mattick stated he is assuming the
resolution would likely be on the Consent Agenda.
Levang asked if the applicant understands she will not receive the building permit tomorrow.
Community Development Director Barnhart stated there is some time involved in obtaining a building
permit and that he is not aware of when the building permit was applied for. Barnhart stated Staff will
review it as quickly as possible but that this meeting tonight is intended to help move it along faster.
Walsh stated normally this would come back to the City Council in January but that they can circumvent
that and it is just a matter of Staff reviewing the plans.
Sadowski stated the plans have been submitted to the City for a couple of weeks before they found out
about there being no Planning Commission meeting in December.
Curtis stated the plans have been submitted. Typically whenever there is a variance request, the building
inspector does not review them until the variance and resolution have been approved but that he has been
asked to review them earlier.
Levang stated she just wants the applicant to understand that the building permit probably will not be
issued tomorrow.
Sadowski stated she understands that.
VOTE: Ayes 5, Nays 0.
Mayor McMillan opened the public hearing at 10:31 p.m.
There were no public comments regarding this application.
Mayor McMillan closed the public hearing at 10:31 p.m.
McMillan noted this is a practical difficulty given the location of the house on the left.
Page 36 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
17. #15-3796 A. SADOWSKI DESIGNS OB/O MICHELE WILLIAMS-ABBOTT, 2941
CASCO POINT ROAD — AVERAGE LAKESHORE SETBACK VARIANCE — PUBLIC
HEARING (continued)
Walsh moved, Cornick seconded, to direct Staff to draft an approval resolution for Application No.
15-3796, A. Sadowski Designs on behalf of Michele Williams Abbott, 2941 Casco Point Road,
granting of an average lakeshore setback variance.
Levang asked if Staff could review the hardcover in the 75 -foot zone.
Curtis indicated there is an existing boathouse, stairway, and deck on the lakeside of the home, which will
remain.
VOTE: Ayes 5, Nays 0.
McMillan noted the resolution will be before the City Council on January 11 and the applicant can work
with Staff on the building permit.
Mattick stated past practice has always been not to issue the building permit prior to the resolution being
adopted and that he would recommend the City Council authorize Staff to issue the building permit before
the resolution is adopted.
Walsh moved, Printup seconded, to issue the building permit if it is ready prior to adoption of the
resolution. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Walsh wished everyone a Merry Christmas and Happy New Year.
Cornick thanked Staff for their hard work over the past year.
Levang announced the Marfield Family Foundation made a very generous donation to the community
garden and that she would like to thank Council Member Printup for his assistance in that.
Levang stated she would also like to acknowledge the work the Orono Police Department is doing and
that other cities are very happy with the service they are receiving from the Orono Police Department,
especially on the Heart Safe program.
Levang reported that Thaddeous Steel did receive his Eagle Scout for his work at French Creek.
Printup noted tonight's Council packet is roughly 1,000 -plus pages and that the cost to print off the
packets was approximately $273.50. Printup stated his iPad has been working great and that he would
encourage the rest of the City Council to go paperless as much as possible.
McMillan stated last Friday she, Jessica, Adam, and Rick Meyers met with Mr. Lurton's daughter to
discuss the off leash area at Lurton Park.
Page 37 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
McMillan stated she had talked with the family and they were a go with the off -leash dog area but that
they would like the City pay for the infrastructure for that area. McMillan stated she suggested this item
be brought before the City Council in February since it would involve some more complex issues and that
she would like the Council to work in tandem with the Park Commission on this item.
McMillan stated she would also like to thank Staff for their hard work this year and that in her view it has
been a productive year.
CITY ADMINISTRATOR'S REPORT
18. WAYZATA FIRE SERVICE AGREEMENT
City Administrator Loftus stated before the City Council tonight is the Wayzata Fire Service Agreement.
Loftus noted the City has contracted with the City of Wayzata for fire service to a portion of Orono since
at least 1962. Loftus noted the cost is going down slightly from 2015.
Printup stated he is opposed to this old, expensive contract. Printup stated the agreement is over 50 years
old and that the data and facts will speak for themselves. Printup stated in his view the City could get
very similar service for much less and that this is not the first time he has talked about this. Printup noted
he had suggested holding neighborhood meetings, which did not happen, but that it is time to act on this
and move the other way. Printup stated in his view this has been an issue in the past of emotion versus
logic and that there is no threat to public safety if the agreement is not renewed.
Printup noted there are nearly 4,000 parcels in Orono. This contract will cost $29,000 for 2016 and
covers approximately 180 parcels, which is approximately 4.5 percent of Orono. With an average of 22
calls for service per year, that is over $1,000 a call. According to the NFPA, the National Fire Protection
Association, the average response time for a rural area of less than 500 people per square mile is 14
minutes. Orono's response time is far below that, with an average of 6.29 minutes. Orono's response
time is way below average.
Printup noted there is also a department in Navarre that sits one mile from Minnetonka Beach but yet the
department in another city three miles away covers Minnetonka Beach. Printup stated the Orono Police
Department is usually on the scene first. From a public safety factor, the police are normally on the
scene first and the local departments also have mutual aid to help people. Printup stated the bottom line is
that people get help and they get help fast and are usually attended to by the police before anyone else.
Printup stated the bottom line deals with the following three issues: (1) There is no threat to public health
and safety by voting the contract down. Fire departments fight fires. While police cannot fight a fire,
they can render aid and be on the scene. (2) The police are normally on the scene first and can provide
aid. (3) The police are normally on the scene for alarms and many times they are false alarms. Nearly all
calls for service are medically related alarms and not for fire calls. Printup stated based on quantity and
the pricing formula, the contract cost to add 180 parcel service area to Long Lake would be around $4,500
as a result of the call area being so small versus $29,000 with Wayzata. Printup stated this would allow
savings to the taxpayers without diminished service.
Page 38 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
18. WAYZATA FIRE SERVICE AGREEMENT (continued)
Printup moved, Walsh seconded, to not approve the agreement with the City of Wayzata.
Levang asked if this has been vetted with the Wayzata Fire Department.
Printup indicated the Fire Advisory Commission talked about rolling it into the Long Lake Fire
Department last year.
Levang asked why this has not been brought up when it was discussed at the Fire Advisory meetings.
Printup indicated it was brought up about a year ago.
Levang stated if the advisory board was discussing this, it should have been mentioned to the City
Council during the Mayor/Council update or during the budget process. Levang stated she also thought
Police Chief Farniok indicated the fire department is often there first, which is one of the reasons why the
police officers do not carry Narcon.
Loftus stated the ambulances and firefighters carry the Narcon, but to her recollection Police Chief
Farniok did not say they are at the scene first.
Walsh noted the fire department is on call; whereas the police department has officers on duty 24/7.
Levang stated she was waiting for this to be brought up by Council Member Printup during the budget
period so a plan could be put in place and community meetings could be held to make sure that the
residents were on board with it and any questions they had were answered. Levang stated when Council
Member Printup did not raise the topic during the budget process, she thought he was okay with it.
Printup stated the Mayor had suggested having neighborhood meetings and that he indicated he was all in
favor of it.
Walsh noted it was not put on any work session agenda.
Printup stated he also brought it up with the new Council at the beginning of the year and encouraged the
City Council to look at this. Printup stated at a work session less than a year ago it was brought up and it
was never followed through.
Levang stated if this had been brought up during the budget meetings, she would have been in favor of
looking at it. Levang stated she supports looking at it 100 percent but it was not discussed during this
year's budget process.
McMillan stated saying you want to do it and actually doing it are two different things.
Levang stated she is in favor of looking at this but that it should have been brought up earlier.
McMillan stated she thought Council Member Printup had lost interest in it since it was not brought up
during the budget process.
Page 39 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
18. WAYZATA FIRE SERVICE AGREEMENT (continued)
McMillan stated there is no letter from the Long Lake Fire Department or the Long Lake City Council
saying that they are okay with this. The City has also not reached out to the neighborhood.
Printup stated he mentioned it a year ago and nothing got done.
McMillan stated if this is a concern of Council Member Printup, it is his responsibility to keep it front and
center with the Council and that it should have been brought up during the budget process. McMillan
noted Council Member Printup is on the Fire Advisory Committee and that there is no letter or memo
from them on where they stand on this issue and that she is also not sure what the Long Lake City
Council, the Wayzata Fire Department, and the citizens feel about this.
Walsh asked when the current contract ends.
Loftus stated it ends at the end of the year.
Printup noted it is $29,000 versus $4,500, with no change in service.
Levang stated they are talking about taking something away from the citizens without telling them
beforehand. Levang stated she thought Council Member Printup had dropped this issue since it did not
come up during the budget process. Levang stated she would be willing to help Council Member Printup
work on this if he would like to pursue it for 2017. Levang asked if the Council could table this item or
extend the contract for another month or two so they can look into it.
Mattick stated if the Council tables it tonight, the City Administrator will need to call and ask for the
contract to go month -to month. Mattick stated if the City of Wayzata says no to the month-to-month
contract, the City would not have a contract for 2016.
Loftus stated Staff did speak with the City of Wayzata last year and that they reduced the contract cost by
$5,000 at that time. Loftus stated that was the last direction Staff received on this item. Loftus stated she
is not sure Wayzata would be completely surprised if they heard about this conversation but that she is not
sure why they would agree to a month-to-month contract.
Cornick noted work on Highway 112 will begin in 2016 and the road will be all tore up, which is the
main route to this area. Cornick stated the timing might be bad given the anticipated road construction
and that the response times will be longer once the road is tore up.
Levang stated she does want to look at the numbers and have a future conversation to come up with a
strategy.
Cornick stated there should be information from the Long Lake City Council and Fire Department on
how they feel about it.
Levang stated there needs to be a process followed and the residents need to have a voice.
Page 40 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
18. WAYZATA FIRE SERVICE AGREEMENT (continued)
Mattick noted there is no termination provision in the contract, and if the contract is approved, it is
approved for the year.
Levang stated she would be willing to attend a special meeting.
McMillan stated it should be properly vetted and that she has no information on what it would cost.
Walsh stated if the information is obtained prior to the end of the year, he would also be willing to attend
a special meeting.
McMillan noted public comment will not be received by then.
MOTION: Printup moved, Walsh seconded, to not approve the agreement with the City of
Wayzata. VOTE: Ayes 2, Nays 3, McMillan, Levang, and Cornick Opposed.
Levang moved, McMillan seconded, to approve the Wayzata Fire Protection Agreement for 2016.
VOTE: Ayes 3, Nays 2, Printnp and Walsh Opposed.
19. 2016 NON-UNION EMPLOYEE COMPENSATION — RESOLUTION NO. 6572
Loftus stated the City Council annually adopts a non-union compensation adjustment and approves an
adjustment to the monthly insurance contribution.
The resolution also confirms that the City will continue to reimburse employees at the IRS allowed
mileage rate in 2016. New this year is a safety shoe reimbursement for certain qualified employees.
Walsh asked what the current family plan is that the City contributes.
Olson stated a $90 increase was approved earlier in the year, which was 50 percent of the increase.
Walsh stated in his view $1,165 is a lot and that he personally would not agree to increase the City's
contribution to the family plan. Walsh stated his experience is that most workers do not get that in the
private sector.
Loftus stated the increase is reflective of the contract negotiations that were had earlier this year.
Walsh noted that is for the union workers and that in his view the $1,165 is more than plenty.
Levang noted the waiver amount was not changed either.
Olson indicated that is decreasing.
Page 41 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
19. 2016 NON-UNION EMPLOYEE COMPENSATION — RESOLUTION NO. 6572
(continued)
Walsh stated it does not make sense to keep bumping it up when most employers only pay for the
individual employee. Walsh stated in his view the $1,165 is very generous, especially compared to the
private sector.
Walsh moved, to adopt RESOLUTION NO. 6572, a Resolution Approving Pay Plan Adjustments
for Non -Union City Employees for 2016, and to change the City's cafeteria benefit plan
contribution from $1,255 to $1,165. MOTION DIED FOR LACK OF A SECOND.
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6572, a Resolution Approving Pay
Plan Adjustments for Non -Union City Employees for 2016.
Walsh stated he agrees with the other items on there but that the City's contribution of $1,165 is plenty.
VOTE: Ayes 4, Nays 1, Walsh Opposed.
20. ADOPTION OF JOB DESCRIPTIONS
Loftus stated one of the final recommendations of the compensation study was to update the City's
existing job descriptions. The duties and skills identified in the job descriptions were used to assign the
position points for pay equity and ultimately integrated into the play plan.
Cornick noted the description under police chief does not include supervision of the deputy chief.
Loftus stated that should be added.
Cornick moved, Levang seconded, to approve the job descriptions effective January 1, 2016, with
supervision of the deputy chief being added under the duties of the police chief. VOTE: Ayes 5,
Nays 0.
*21. APPOINTMENT TO ORONO ICE ARENA BOARD OF DIRECTORS
Levang moved, Printup seconded, to approve the appointment of Dennis Walsh to the Orono Ice
Arena Board of Directors. VOTE: Ayes 5, Nays 0.
*22. ORONO POLICE GARAGE — PAY REQUEST NO. 14 AND 15
Levang moved, Printup seconded, to approve Pay Requests No. 14 and 15 for the contractors
working on the Orono Police Garage Project as listed in an amount totaling $39,374.75. VOTE:
Ayes 5, Nays 0.
*23. LICENSES & PERMITS
Gambling Permit
1. Orono High School Athletics Department
Raffle during the home basketball, swim and dive, and hockey games
Page 42 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
CITY ADMINISTRATOR'S REPORT, CONTINUED
Levang moved, Printup seconded, to approve the above -listed permit. VOTE: Ayes 5, Nays 0.
*24. CLAIMS/BMLS
Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
Loftus stated she and the Mayor are currently working with Minnetonka Beach and Spring Park relating
to the police contracts. Loftus stated a change to the cost formula will likely be coming before the City
Council at some point in the future.
Loftus noted the City Attorney will be amending the covenants regulating Lurton Park to allow the dog
park.
Loftus reported year-to-date the City has had 50,000 views on its website, with the police department
having the most views at 15,000 -plus views, permit applications having over 5,000 views, and the City
Council meetings having approximately 4,900 views.
CITY ATTORNEY'S REPORT
25. HAZARDOUS BUILDING DESIGNATION, 1735 FAGERNESS POINT ROAD —
RESOLUTION NO. 6573
Mattick stated the City has initiated these sorts of actions in the past when it comes to the attention of the
building department. The building inspector reviewed this property earlier in the year and then met with
the property owner. The property owner had indicated at that time that he would like to renovate the
structure but that has not come to pass and the building has deteriorated further. The most recent
inspection on October 13 showed the house is unsecure with damage to the roof, siding, paint, and
windows. The resolution and the drafted order require the property owner to remedy the health and safety
hazards within 20 days. If they are not addressed within that day, the City will hire the demolition of the
structure and repair of the property, with the costs to be billed to the property owner.
Levang asked if the taxes have been paid on the property.
Barnhart indicated they have been paid.
Mattick stated the structure will be torn down, the foundation removed, and fill will be brought in to
mitigate the hazard.
Levang commented it is a safety issue and it should be addressed.
Cornick stated he can see where there has been correspondence with the son but that the letters to Toney
Williams have come back saying return to sender. Cornick stated he is not sure if the property owner is
aware of this action. Cornick asked if the City is obligated to make sure the owner is aware of it.
Page 43 of 44
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, December 14, 2015
6:30 o'clock p.m.
25. HAZARDOUS BUILDING DESIGNATION, 1735 FAGERNESS POINT ROAD —
RESOLUTION NO. 6573
Mattick stated the City would like to get voluntary compliance to avoid this process. Mattick stated he is
not sure why the son has gotten involved in this but that the son has toured the property with the building
inspector. Mattick stated it is his understanding the building inspector has spoken to the property owner
on the phone.
Cornick asked if the son has power-of-attorney.
Mattick stated he is not aware of that but that all correspondence to Toney Williams has been returned or
not accepted. Mattick stated the City has to serve the property owner with the order.
Levang noted the property owner lives in Idaho.
Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6573, a Resolution Ordering Repair
or Removal of Hazardous Conditions. VOTE: Ayes 5, Nays 0.
CLOSED MEETING
McMillan noted the City Council will be going into closed session as permitted by Section 13D.05,
Subdivision 3(c) to consider offers relating to the City's possible sale of the parcel of land identified by
PID #05-117-23-24-011 S.
Printup moved, Levang seconded, to enter into closed session at 11:23 p.m. VOTE: Ayes 5, Nays 0.
(The City Council went into closed session from 11:23 p.m. to 12:15 p.m.)
1:1la1�111 �l�lu! �M�Y l
ATTEST:
d
Da Fegs, City Clerk
Lili Tod McMillan, Mayor
Page 44 of 44