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HomeMy WebLinkAbout01-11-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, 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. 4, 5, 6, 7, 8, 9, 10, 16, 17, 18 were added to the Consent Agenda and Item No. 2 was removed from the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. Printup moved, Levang seconded, to add Item No. 13 to the Consent Agenda. VOTE: Ayes 4, Nays 0, McMillan Abstained. APPROVAL OF MINUTES 2. REGULAR CITY COUNCIL MEETING OF DECEMBER 14, 2015 Council Member Printup stated he would like to clear the record under Item No. 18. Printup noted he did previously bring up the issue of the Wayzata Fire Service Agreement, including during the work sessions in June and July. Printup stated he would like a review of the Fire Service Agreement to be a formalized process and that he would ask that Staff be directed to compile a list of information and facts as well as compile a list of notifications. Printup stated he would like the work to include a detail of the total parcels in Orono that are impacted by this agreement, the National Fire Protection Association averages, Orono response times, areas of similar distance, areas of further distance, costs, and memos regarding the data collection to the Long Lake Fire Department and Council, the City of Wayzata, the Wayzata Fire Department, the Fire Advisory Board and a list of the impacted residents. Printup indicated he would make a motion to collect the data. Mayor McMillan asked if he feels the minutes reflect what was said at the meeting on December 14. Printup stated he just wanted to clarify that point and note that it was brought up in June and July. McMillan asked if he would like to make any corrections to the December 14 minutes. Printup stated it was just a comment on the minutes and that he would also like to make a motion regarding the data collection to get the process moving earlier in the year as opposed to later in the year. McMillan requested Council Member Printup bring that up during the Mayor/Council report Page 1 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 2. REGULAR CITY COUNCIL MEETING OF DECEMBER 14, 2015 (continued) Printup moved, Levang seconded, to approve the minutes of the Orono City Council meeting of December 14, 2015, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. STATE REPRESENTATIVE JERRY HERTAUS Jerry Hertaus addressed the Orono City Council regarding the 2015 legislative session and what is anticipated to occur in 2016. Hertaus reported during the last legislative session, the education omnibus bill was vetoed by Governor Dayton, which led to a special session. The two major areas of government funding that did not occur in 2015 was the passage of a tax bill and a transportation bill due to a partisan divide. Hertaus noted 2015 revenues were coming in ahead of forecast and so a number of legislators felt that revenues should not be raised. The collection of revenues continues to show a surplus and the forecast is that there will be a $1.8 billion surplus in 2016. Hertaus noted in 2014, the MN Legislature offered a bill that required one-third of the November forecast be transferred to the state's reserve fund. The Office of Management and Budget recommends a reserve of $2 billion based on the size of the state government. With the November forecast, money was transferred from that $1.8 billion,to the reserve fund, which brought it up to approximately $1.6 billion or 75 percent fully funded. Hertaus stated as a result of that transfer, the surplus is expected to be approximately $1.2 billion. Hertaus stated today the Minnesota Department of Revenue released that the November and December revenue is ahead by approximately $50 million. Hertaus noted sales tax revenues were down quite a bit, even during the holiday shopping season, which raises some concern that the economy is not quite as robust as the statistics say it is. Hertaus stated going into the 2016 legislative session, it is his feeling a transportation bill will be passed this year as well as some tax reform. With regard to local issues, Hertaus indicated that Senator Osmek and himself will be authoring and sponsoring bills that hopefully will provide some funding for the Highway 12 improvements. Hertaus noted the Highway 12 corridor is the deadliest stretch of highway in Minnesota, which has resulted in the creation of the Highway12 Coalition Group. MN/DOT did an audit report and has provided some information that was presented to the highway commissioner. A meeting was held last month and it was indicated that MN/DOT is planning some improvements for Highway 12 near County Road 92. Hertaus stated there is additional work that will need to be done to improve the safety on Highway 12 and that they will be taking a two-pronged approach. Due to the surplus, there is a remote possibility that there will not be a bonding bill. Hertaus stated without a bonding bill, the improvements could be paid for with cash. If there is not a bonding bill, Hertaus indicated he would like to introduce a bill for funding the Highway 12 improvements. Hertaus stated he will continue to work on improving the Highway 12 corridor with Mr. Grube of the Hennepin County Transportation Department. Printup asked if Senator Hertaus foresees any unfunded mandates that may impact Orono Page 2 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 3. STATE REPRESENTATIVE JERRY HERTAUS (continued) Hertaus stated it is difficult to predict at this point and that there arc usually around 3,000 bills introduced each session. Hertaus noted last session had the fewest pieces of legislation that passed, which amounted to around 80 bills. Hertaus indicated he does not foresee anything occurring at the city level at the present time. Hertaus noted last year the MN Legislature was able to secure some MSA money for some of the other cities in the district that have a population of less than 5,000. Hertaus noted that money was not available for Orono since it has a population of over 5,000. McMillan stated it is likely Orono would support the building of the jersey wall. Hertaus stated in the Highway 12 meetings he has attended, Orono and Wayzata have both favored that jersey wall extended. Hertaus stated when it comes time to introduce these bills, he will be calling on all the affected cities to alert them, but that there is sometimes short notice for the committee meetings. Hertaus stated a letter from the City of Orono talking about the dangers of the road would be very helpful. Levang stated she appreciates the time Mr. Hertaus has taken to look at Highway 12 corridor and that the safety of the road is an important issue for the residents of Independence, Maple Plain, Orono, and Wayzata Hertaus stated it is important to note that Highway 12 is a regional asset and a rural section of highway that is located in the metro area. Highway 12 is the oldest, least improved highway in the metro area and needs to be addressed. Hertaus stated distracted driving is a main factor into causing the accidents and that people need to realize that their cell phone messages can wait a few minutes. PUBLIC COMMENTS None LMCDBIG ISLAND REPORT — GABRIEL JABBOUR, REPRESENTATIVE LMCD Representative Jabbour stated from the beginning of his residency in Orono approximately 45 years ago, there have always been difficulties on and off with the LMCD. Jabbour stated in his view the LMCD was an idea that was a great idea in the 1960s but became obsolete in the 1980s. In 1994, a bill was drafted to change the board configuration. Orono comprises approximately 30 to 35 percent of Lake Minnetonka in both area and shoreline. As a result, what happens on Lake Minnetonka significantly impacts Orono residents. Jabbour stated unfortunately a number of the other LMCD member cities do not necessarily understand why Orono is so concerned about what happens on the lake. Jabbour stated the number one natural resource in this area is Lake Minnetonka and that they need to take steps to preserve it. Orono citizens have paid millions of dollars in property taxes, with a portion of those tax dollars going to support the LMCD and preserving Lake Minnetonka. Jabbour stated it costs a lot of money to uphold Orono's philosophy, which the other member cities do not understand and, as a result, fail to properly regulate hardcover near the shoreline. Page 3 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. LMCDBIG ISLAND REPORT — GABRIEL JABBOUR, REPRESENTATIVE (continued) Jabbour stated the main issue with the LMCD is that the cities with only one or two percent of the lake are entitled to the same vote as Orono, who has 35 percent of the lake. A number of years ago Lake Minnetonka was divided into five areas and Orono is in four of the five zones. Orono also pays between 18 to 19 percent of the LMCD budget and Minnetonka pays 20 percent. Even though those two cities comprise almost 40 percent of the LMCD budget, last year the City of Spring Park reprimanded Orono and Minnetonka for the LMCD budget being too low. Jabbour stated what it all means is that Orono has to pay a disproportionate amount but yet does not have a stronger voice than the other cities that pay far less. Jabbour indicated he has been trying to change things this past year but unfortunately things have not changed much. Jabbour stated in his view the executive director of the LMCD has not done his job properly and that he requested a consultant be hired to determine what the job of the LMCD is. Jabbour indicated that was done, and that following the study, half of the board felt the executive director should not stay on board. Jabbour noted he also sits on the DNR AIS Advisory Committee and that they have been informed that the DNR is going to cut their grants for AIS from $700,000 to $200,000. As a result, the LMCD will be receiving $29,000 less in grant money in 2016. Currently the LMCD receives two grants from the DNR. If the status quo is maintained and no services are cut, the LMCD will need to increase its budget by $29,000. Jabbour stated in his view the services should be reduced given the redundancy. Jabbour noted the LMCD levied the member cities $90,000 for AIS efforts and that they only spent $60,000. Jabbour indicated he would also like to reduce the LMCD reserve since the LMCD has no infrastructure it needs to maintain. In addition, only one member of the LMCD board knew about the strategic plan that was in existence. Jabbour stated he only recently found out there are bylaws and that the last time they were amended was in 1967. Jabbour stated he does not believe the City of Orono can rely on one citizen spending a couple years of their lives trying to get the LMCD back on track, but that it is very hard for legislators to change things. Jabbour stated he is also trying to get all the LMCD board members to be engaged. At the present time almost 99 percent of the duties are performed by Staff, with the majority of the board members merely attending the board meetings and not doing anything else. Council Member Walsh asked what services he is thinking about reducing. Jabbour stated one would be the milfoil harvesting. Jabbour noted not one member of the LMCD staff or the people they employ to harvest the milfoil have had training on the proper ways to transport the milfoil or on zebra mussels. Jabbour noted a couple of years ago one of the harvesters cut the telephone line to Big Island and sunk the harvester. The utility company had to spend three days trying to fix the telephone line. Jabbour noted there is also an 8000 kv power line near the telephone line, and if they had cut that, the people driving the harvesters would not be alive today. Jabbour stated he is attempting to get the LMCD back on track and that controlling aquatic invasive species is extremely important. Jabbour stated he has personally asserted himself in a number of places to help address this issue and that he has spent his own money to partner with the University of Minnesota and the DNR to do a three-year study on AIS. Page 4 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. LMCDBIG ISLAND REPORT — GABRIEL JABBOUR, REPRESENTATIVE (continued) Walsh asked what the prognosis is for changing the LMCD structure. Jabbour indicated he has not pursued changing the structure of the LMCD at this point and that it would require some persistent people getting involved. Jabbour stated he also has a bill that was drafted back in the 1990s to make Lake Minnetonka a conservation district. Jabbour stated he would like to share that with the Mayor and the Council. At the present time there are only two conservation districts in the state and that creating a conservation district for Lake Minnetonka is something the Council should discuss. McMillan asked if the updated strategic plan will be finished soon. Jabbour stated he could send that to the City Council as well. Jabbour stated the current makeup of the board does not want to be a working board but more of an advisory board. Jabbour stated a meeting will be held next week Monday to discuss the strategic plan and the position of executive director. Jabbour noted the City of Minnetonka brought up the issue of mission creep. Back in the early 1970s, the LMCD started performing boat counts for a specific study being done by the DNR. Forty years later the LMCD is still doing boat counts. McMillan stated in her view there has not been a lot of communication from the LMCD and that a number of the city councils are not aware of what the LMCD is doing. McMillan stated she appreciates his efforts in trying to refocus the LMCD. McMillan noted the LMCD attempted to work on preventing zebra mussels back in the 1990s and early 2000s but that it was not successful at preventing the spread of them. McMillan stated the LMCD should look at what they are doing currently, what it wants to be doing in the future, and then determine how it can be a more dynamic organization going forward. McMillan stated it is good to question whether the agency should continue to exist or whether they should be consolidated into another agency. Jabbour stated Orono has very little control over what the LMCD does. McMillan stated back in the 1960s, a lot of agencies were created and that it is perhaps time to revisit those organizations since they were originally formed for different reasons. Jabbour reported things are going good on Big Island and that a number of environmental improvements have been made. Over the past few years tons of garbage have been removed from the island and some of the shoreline has been restored. Jabbour stated the City has saved a substantial amount of money by making it a park and partnering with the veterans. The organization they formed, called Veterans for Veterans, have been very diligent in how it spends the money they have received. Jabbour indicated they have managed to keep the original principal intact and have spent $1,435,000 out of the interest on a variety of programs. Jabbour stated he is extremely grateful with how much success they have accomplished as well as preserving that area of land on Big Island. Jabbour distributed information on the Veterans for Veterans to the City Council. Page 5 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. LMCDBIG ISLAND REPORT — GABRIEL JABBOUR, REPRESENTATIVE (continued) Walsh stated in the end Orono has a large chunk of money into the park. Walsh asked whether it would be better to have the state or Three Rivers take over the park versus Orono managing it as a state asset. Jabbour stated when the park was first discussed, city officials met with Three Rivers, who wanted it to be an active park with a boat to take people to Big Island and trailer parking on the island. Jabbour stated regardless of how it is set up, Orono would not be able to get their money out of it. The success of the Veterans For Veterans organization helps to validate how it was set up. Jabbour noted the majority of the money for the park came from the state, with the City having less than $1,000,000 invested in it. Jabbour noted the park has a conservation easement over it. Walsh asked if he envisions it being a passive park or a state asset. Jabbour stated it is a passive park. Walsh stated he is not sure if Orono is the right steward for this piece of property long-term. Jabbour stated it is an Orono park and that the City owns it. Jabbour noted the City received a grant which required the creation of a conservation district. Jabbour stated the park has also been included in Orono's Park Plan and Comprehensive Plan. Jabbour stated the City cannot just simply be collecting park dedication fees without spending some of it, and that if other state agencies are involved, it will likely not be well taken care of and they would allow all types of activities that are currently not allowed. Jabbour stated part of the reason Orono has control over it is to restrict what happens in the park. PUBLIC WORKS/CITY ENGINEER'S REPORT Edwards reported the Public Works Department has been focused primarily on snow and ice removal the past few weeks. The Public Works Department has been hauling Christmas trees away from the collection points and has begun work on the golf course kitchen remodel project. In addition, the Public Works Department has been planning and prepping materials for spring. The Park Commission is currently looking at removing a shed at Bederwood Park near the baseball field. The Orono Baseball Association has requested it be removed. Edwards stated they should be able to remove that shed sometime this winter when the weather cooperates but that they will be leaving the concrete slab in the event the Orono Baseball Association would like to put up a temporary concession stand. *4. 2015-2016 SANITARY SEWER REHABILITATION PROJECT AWARD Levang moved, Printup seconded, to award the sanitary sewer improvements contract to Insituform for $266,234.90 and approve the Bolton & Menk Construction Management Proposal. VOTE: Ayes 5, Nays 0. *5. WATER TREATMENT SYSTEM IMPROVEMENTS — PAY REQUEST NO.8 — FINAL Levang moved, Printup seconded, to approve Pay Request No. 8 to Municipal Builders, Inc., in the amount of $33,714.43 for the water treatment systems improvement project. VOTE: Ayes 5, Nays 0. Page 6 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. *6. 2016 ENGINEERING SERVICES RATE SCHEDULE Levang moved, Printup seconded, to approve the 2016 Consulting Engineer Services Fee Schedule. VOTE: Ayes 5, Nays 0. *7. KELLY AVENUE DRAINAGE (CARMEN OUTLET) Levang moved, Printup seconded, to approve Pay Request No.1 to Kusske Construction in the amount of $60,953.28 for the reconstruction of the Kelly Avenue storm sewer outfall project at Carmen Road. VOTE: Ayes 5, Nays 0. *8. CARMEN BAY SHORELINE RESTORATION PROJECT — PAY REQUEST NO.6 Levang moved, Printup seconded, to approve Pay Request No. 6 for the contractor Sunram Construction, Inc., in the amount of $2,830.73 for the Carmen Bay Shoreline Restoration Project. VOTE: Ayes 5, Nays 0. PUBLIC SAFETY REPORT *9. ADOPT BUREAU OF CRIMINAL APPREHENSION (BCA) JOINT POWERS AGREEMENT (RENEWAL) — RESOLUTION NO. 6577 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6577, a Resolution Approving State of Minnesota Joint Powers Agreements with the City of Orono on Behalf of its City Attorney and Police Department. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT *10. #15-3796 A. SADOWSKI DESIGNS O/B/O MICHELLE WILLIAMS-ABBOTT — 2941 CASCO POINT ROAD AVERAGE LAKESHORE SETBACK VARIANCE — RESOLUTION NO. 6576 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6576, a Resolution Approving a Variance from Municipal Zoning Code Section 78-1270 for the property located at 2941 Casco Point Road. VOTE: Ayes 5, Nays 0. 11. #16-3804 LAKEWEST, LLC/CURT FRETHEIM, 3245 WAYZATA BOULEVARD — SKETCH PLAN REVIEW Curt Fretham, Applicant, was present along with Ben Wikstrom and Rick Harrison. Senior Planner Gaffron stated the applicants have submitted a sketch plan for a proposed 27-unnit single- family detached townhome development on the portions of the property not encumbered by the former sanitary landfill. Discussion of the potential for a second phase of development for a multi -family building on a portion of the landfill site is also requested. Page 7 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 11. #16-3804 LAKEWEST, LLC/CURT FRETHEIM, 3245 WAYZATA BOULEVARD — SKETCH PLAN REVIEW (continued) As to the site density, the property is guided for multi -family residential use in the Orono Community Management Plan at a density of 10-15 units per buildable acre. There is an estimated non4andfill buildable acreage of five acres_ The applicants' proposal does not meet that level of density at roughly five units an acre and would require an amendment to the CMP parameters for his site. Staff has a meeting with the Metropolitan Council later in January to discuss the ramifications of developing properties at lower densities. Gaffon noted the City Council was fairly receptive to the proposed density a year ago. Gaffron indicated he has provided a variety of review considerations in Staff's report. The Council should discuss the following: 1. The departure from the specific development parameters established for this site in the current Comprehensive Plan talks about two single buildings that are actually multi -family, with as many as two dozen units per building. That concept is different than what the applicant is proposing. At the time the 2008-2030 Comprehensive Plan was created, it was suggested that this is not a likely location for single-family homes with a 2 -acre minimum lot size since it is located between a freeway and a highway and is also a site that has been used partially for landfill use in the past. 2. The general design and orientation of the dwelling units is slightly different than what was proposed last time. The minimal lot sizes and setbacks as compared to the RPUD standards would indicate the need for development flexibility and would allow the City to vary from the lot sizes without the need to grant variances. In discussing the Phase It multi -family concept for the landfill area, the Council should consider whether there are other desired or to -be -explored for this site. 4. The issue of future implications of developing at densities lower than those guided for in the Comprehensive Plan will be reviewed with Freya Thamman later this month and Staff will apprise the Council of the results of that discussion. The Council should discuss the sketch plan and provide direction to the applicant. Ben Wikstrom, Lakewest Development, indicated he met with Staff a few weeks ago. The plan being presented this evening is similar to the plan that was presented in 2014, with a few minor tweaks and changes. Wikstrom stated the reason they did not come back right away was so they could implement the suggestions the Council made last time and conduct soil borings. Wikstrom stated they have also been working with the EPA on whether the entire site could be developed and discussing whether the utilities could be extended with City Staff Wikstrom stated they have closed on the property and are ready to proceed forward with development of the site. The Phase 1 portion consists of 27 units, single-family. Phase 2 is the remainder of the site. Wikstrom noted the City's Comprehensive Plan did not identify that portion of the site for any specific use and that they have attempted to come up with a building that would meet the parameters that were shown in the Comprehensive Plan as far as footprint size, density, and height. Page 8 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 11. #16-3804 LAKEWEST, LLC/CURT FRETHEIM, 3245 WAYZATA BOULEVARD SKETCH PLAN REVIEW (continued) Wikstrom stated they assumed the density that was shown for the five acres would carry over to this area. Wikstrom indicated they tried to come in with lower density than what was proposed last time and that they would be willing to entertain another building or more units if the Council desired. Wikstrom stated they wanted to show that multi -family would be more desirable on that parcel than residential and that they would like feedback from the City Council on the density and aesthetics features of the plan. Wikstrom stated because it is a site that requires cleanup and is visible from the highway, there might be a desire to separate some of the residential from the highway. There are also wetlands on the site. Due to those factors, they would like to discuss the possibility of a park dedication of land. Wikstrom stated the materials found in the soil borings are not hazardous and would be fine for a park. Rick Harrison, Harrison Site Design, stated he would like to do a virtual realty presentation and take the Council right onto the site. Harrison stated they started this development with the idea that the envelope and design should be pushed further than just the minimums. Harrison stated in doing that, they have come up with a term called site architecture, which is an attempt to merge planning and architecture together. The staggering of the homes is such that the homes have a panoramic view from within the home of the area. Harrison stated they are basically coordinating what is going on inside the home to the vistas on the outside. Harrison stated they are doing that on other sites since it adds value to the site and enhances the livability of the home. Harrison stated as the plan morphed from the initial drawing into what is before the Council tonight, some changes have been made. The wetland boundaries have changed, which has decreased the buildable area of the site. As a result, the homes are not as deep but slightly wider in size. Another difference from the original plan is the 28 -foot wide private road rather than the 24 -foot road, which allows additional trees to be preserved. Some of the other changes include staggering of the home to make some of the lots wider. The lots have 5 -foot setbacks, which is what was proposed previously. McMillan asked what size the garages are. Rick Harrison indicated they are currently 2 -stall garages but that there might be some lots that could accommodate a 3 -stall garage. McMillan noted the 24 -foot road width would probably not allow on -street parking. Council Member Levang asked whether this development would be accessed on both ends of the parcel off of Highway 12. Harrison stated it would be. Levang asked whether Hennepin County would need to agree to that Page 9 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 11. #16-3804 LAKEWEST, LLC/CURT FRETHEIM, 3245 WAYZATA BOULEVARD — SKETCH PLAN REVIEW (continued) Gaffron stated it is a county road and that Hennepin County would have to approve two entrances. There are currently two access points, one for a driveway and one for access to the landfill portion. Gaffron stated the location of those access points is critical. Harrisons stated if it is a problem, they would need to change it back to what they originally proposed, which was one single access point. Levang asked if the units would be the exact same size. Harrison stated the size of the units would vary between the building sites. Levang asked about the pricing. Curt Fretham stated they have been speaking with some different builders but have not narrowed it down yet. Fretham stated the units would likely be between $400,000 to $600,000. Walsh asked about the width of the driveways. Harrison stated the driveways would taper slightly towards the street and that there will keep enough room near the garage to park two cars. The driveway lengths vary but average around 35 feet. Walsh recommended the applicant make sure there is enough room to get in and out of the garages if there is a car parked in the driveway. Walsh stated he would also like to see five and ten feet for the setbacks rather than five and five. Harrison stated that would reduce the size of the building by five feet. Harrison noted the units will be staggered, which would eliminate two parallel walls being five feet apart. Walsh stated the larger setbacks are more of a livability issue for the long-term. Council Member Cornick asked whether there will be any buffering along the highway. Harrison stated the homes on the hill will be naturally buffered. In addition, the homes will be well insulated, which will minimize the noise from the highway and also help with utility bills. McMillan asked what would be involved with mitigating the landfill site and how the building location will be chosen. Curt Fretham stated site cleanup work would need to occur to build on the landfill site. Fretham noted the City's Comprehensive Plan calls for a multi -family building and that in his view that site would work better for that type of density. Fretham stated the building may require some pilings but it can be done. Fretham stated it is more practical to do multi -family than single-family on that portion of the site. Levang asked if they would be condominiums. Page 10 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 11. #16-3804 LAKEWEST, LLC/CURT FRETHEIM, 3245 WAYZATA BOULEVARD — SKETCH PLAN REVIEW (continued) Fretham stated they are not proposing anything specific at this time and that they are open to ideas. Printup asked if the meandering sidewalk on the east side of Old Highway 12 is basically along the property line. Harrison indicated it is. Printup stated he is wondering whether the applicants would be agreeable to an easement along there. Harrison stated they would be. Walsh stated in his view the sidewalk is a great feature. Printup asked how far the closest neighbor would be from this development. Harrison stated there is a row of trees along the edge of the property. Gaffron stated on the south side of new Highway 12, the homes are fairly distant from the highway, with the highway being elevated in this area. Walsh stated he likes the 24 -foot width road and the trail. Fretham stated the smaller setbacks help them meet some density requirements. Gaffron stated it would be useful if the City Council can advise Staff on whether they are comfortable with the density at 27 units. Gaffron stated to his knowledge the applicants are ready to make a formal application based on the direction of the Council. Gaffron stated Staff would make the assumption that if there is lower density here, the Metropolitan Council will likely require higher density somewhere else in the city. If that is the case, Staff would need to look at the different densities throughout the City to determine whether this area is critical to meet the density requirements of the Metropolitan Council. Gaffron noted the City had a difficult time locating places for higher density when the Comprehensive Plan was done a few years ago. Gaffron stated as it relates to uses for the landfill area, Phase 11 is a discussion point at this time and remediation will need to occur on the site in order to make that happen. Gaffron stated it does not appear the applicants are set on the building that is shown on the concept plan and that there may be all kinds of recreational activities that can go there if the Council accepts a land donation in lieu of a park dedication fee. McMillan stated it is hard to say what could go on that portion of the site and that it might be too early for the City Council to know that at this point. McMillan suggested Staff let the Metropolitan Council know that the City is looking at two different sketch plans for this site and that they should provide guidance on both plans. Page 11 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 11. #16-3804 LAKEWEST, LLC/CURT FRETHEIM, 3245 WAYZATA BOULEVARD — SKETCH PLAN REVIEW (continued) Printup asked whether the Metropolitan Council looks at the buildable area when it recommends density for a particular site. Gaffron stated the Metropolitan Council normally looks at buildable area for the density. Under the current Comprehensive Plan, the City only included the approximate five acres on this site and not the landfill area. If that landfill area can be mitigated, a question for the Metropolitan Council is whether that area can be included in the density. Gaffron noted the area across the highway is guided for office and that the City is not sure what will happen with the Dumas property yet, which might not be known for a number of years. Gaffron stated the Council should likely expect the City will have to find additional lands to guide for higher density. Gaffron noted at the present time the Lupient property is guided for seven or eight units per acre and is currently not in the MUSA. McMillan stated the City cannot promise anything on the landfill site and that it might be expensive to develop. Walsh stated he is comfortable with what is being presented tonight. Printup indicated he also is comfortable with the sketch plan. Levang stated the spacing makes sense based on the two driveways. Levang stated in her view it is a good plan and very creative and that this development would be a nice amenity for the City. Levang stated it would be good to have some discussions about what else could go on the landfill portion. Edwards stated Exhibit D is a petition or a letter from the developer regarding the extension of the utilities and that Staff will need some guidance from the City Council on when they would like the engineering done on that project. Edwards stated if the Council would like something down to the end of the road completed in 2016, engineering would need to start in the next month or two. Otherwise the project would be pushed into 2017. Edwards noted there is a risk that the City will incur some costs if the work is done and then the project does not occur. McMillan stated it would be helpful if the projects could both go forward at the same time. McMillan stated the first step is meeting with the Metropolitan Council on the density. Walsh stated the engineering would be good for a ways down the road given the known density that is proposed for this area. The City Council took no formal action on this item. 12. CONSIDER SALE OF CITY PROPERTY, PID NO. 05-117-23-24-0118 Community Development Director Barnhart noted Jacob Barkley has offered to purchase 615 square feet of city -owned property and that the City Council discussed this offer in a closed session on December 14. At that time the City Council agreed to Mr. Barkley's offer. Page 22 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 12. CONSIDER SALE OF CITY PROPERTY, PID NO. 05-117-23-24-0118 (continued) At the present time Staff is in the process of fine tuning the language on the easements. Barnhart recommended the City Council approve it conceptually with the stipulation that the City Attorney can make some minor modifications. City Attorney Mattick stated they are 99 percent of the way there with the language, and if the Council is satisfied with the substance of the agreement, they can approve it tonight. Mattick stated if something of substance needs to be changed, that would come back before the City Council. Walsh moved, Cornick seconded, to approve the Land Exchange Agreement between the City of Orono and Jacob J. Barkley and Maureen L. Barkley for the sale of property, PID No. 05-117-23- 24-0118, subject to the agreement being brought back before the City Council if any substantive changes are made. VOTE: Ayes 5, Nays 0. X13. VACATE CONDITIONAL USE PERMIT AT 2500 SHADYWOOD ROAD - RESOLUTION NO. 6579 Printup moved, Levang seconded, to adopt RESOLUTION NO. 6579, a Resolution Rescinding Resolution No. 3561 for the property located at 2500 Shadywood Road. VOTE: Ayes 4, Nays 0, McMillan abstained. 14. MARIANI REQUEST TO EXPAND MUSA BOUNDARY Barnhart stated the property owner at 3020 Sixth Avenue is requesting the Council support his requests to expand the MUSA boundary to incorporate his property. This change would require a Comprehensive Plan Amendment. The property was the subject of a lot line rearrangement in June of 2015. As part of that process, the developer submitted a survey and report with two septic sites for each lot. The City received and reviewed the report but did not conduct a site inspection since a site inspection is not commonly completed at this stage. The property owner then applied for a permit to remodel the existing home. As part of that permit application, a site inspection was conducted and it was noted that the sites identified by the septic designer did not meet separation requirements and soil conditions that would allow a Type I system which is required by City ordinance. A Type III system could be installed consistent with city and state requirements. The property owner would prefer a Type I system due to maintenance needs. The question before the Council is whether the City is interested in expanding the MUSA. There is a sanitary sewer that serves the properties on the south side of Sixth Avenue, approximately 325 feet to the south. The connection would require an expansion of the MUSA area and a modification of the Comprehensive Plan. The property owner is also requesting waiver of the connection fee. Marian stated in speaking with Mike Gaffron, he indicated he did check to see if there is an opening in the MUSA and that there is an opening. Page 13 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 14. MARIANI REQUEST TO EXPAND MUSA BOUNDARY (continued) Gaffron indicated there is a process that would need to be followed. Gaffron stated when he initially spoke with Freya Thamman with the Metropolitan Council, she indicated that there is a possibility that the City would be very close to the three units per acre requirement. In order to expand the MUSA, the Metropolitan Council expects the density to remain above 3.0 units per acre and that this property is low density. Barnhart stated the calculation is very close and that it comes down to how it is calculated. McMillan stated one thing she does not have knowledge on is the Type 3 system and how it differs from a Type I system. Barnhart stated primarily the main difference is that a Type 3 is a modified system and that any separation changes or different construction methods would trigger a Type 3 system. Barnhart indicated most people are familiar with a Type I system and do not have reporting requirements. Marian stated cost is one as well as longevity of the system. A Type 3 system could last a year. Mariani indicated the system would also need to be looked at every six months to a year. Mariani stated when he was going to purchase the property, the previous owners submitted the plans to the City, paid the consulting fees, and then it was approved by the City. Marian stated if the lot rearrangement had not been approved, they would have paid approximately $175,000 less for the property. Mariana stated had they known a Type III system was required, they would have negotiated on the price. McMillan stated one of the big issues is expanding the MUSA and that it is not easy for the City to do that. McMillan stated she feels bad that this septic testing company did not do an accurate report but that the City does not verify what the septic testing company finds. McMillan commented she is not sure if there is any recourse in going back to the septic testing company. Marian stated they are living there currently and that he is asking the City to do what is right for them. If a Type I system is not able to be constructed, he would like to hook up to city sewer. Mariani stated if he is required to put in a Type III system and it fails a couple of years later, he would be back in the same position. McMillan asked why Type M systems typically fail. Mariani stated there is a pretty big significance between a Type 1 and a Type III system and that the city septic inspector could explain that. Mariani stated he is being put at a disadvantage and that he is not looking to pay less than what he agreed to. Printup asked what the City can do to protect other citizens from this particular septic testing company. Gaffron stated the state certifies the designers and that the City relies on that certification. Gaffron stated in his view the property owner has the ability to go back after that contractor for some relief. Gaffron indicated the city inspector has been in contact with the state on a number of occasions to find out what sanctions can be put on this person. The contractor likely has an insurance policy. Page 14 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 14. MARIANI REQUEST TO EXPAND MUSA BOUNDARY (continued) Gaf&on stated there likely are remedies to the property owner but that he is not sure to what extent the City can or should get involved in it. Mattick stated it is similar to a survey being received by the City. The City typically does not go out and resurvey the property and that they rely on the person who signed it. Mattick stated people tend to rely on the accuracy of the septic report and that he is not sure what representations were made by the seller at the time the property was for sale. Mattick stated the contractor did make a mistake and that is who the property owner should look to for relief. Marian stated a Type III system may not fix the problem and that they might end up back at square one. Mariana noted there are no Type 1 sites on the property and that in his view it would be fair to hook up to city sewer. Marian stated the drain field is located on the other property as well and that he was told the City cannot find an casement over that area. Marian stated the title does list the easement from Xcel. Marian stated at this time they are not planning on doing anything with the other property. Levang stated there seems to be a lot of sympathy for him, but the caveat is the Metropolitan Council and the density. Barnhart noted there is a meeting scheduled for later this month with the Metropolitan Council and that hopefully Staff will have a better idea after that. Barnhart stated in his view the best solution might be to table this until after that meeting. Marian asked if the City would be complicit in this. Mattick stated they would not be. Mattick stated the word implicit implies that the City was in on the incorrect report, which it was not. Marian stated the City did not go out and check it. Mattick stated it is not required of the City to verify the reports Marian stated he is not sure what all the fees were for and that he was just wondering whether the City would have any responsibility to verify the sites. Mattick stated the fees are not for the purpose of verifying the septic systems. Gaffron stated this was a lot line rearrangement and that the applicants were required to submit certain information. The applicants showed that the lot size was big enough, they proved they had two septic sites, and all the information suggested that it was appropriate to grant the lot line rearrangement. Marian indicated the State of Minnesota has spoken with the contractor and they are under review at this time. Marian stated unfortunately that does not help him now and that he would appreciate being let into the MUSA if that is possible. Marian noted the City has also placed a limit on his building permits until this issue is settled. Marian stated the house is from the 1970s and that he would like to update it. Page 15 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 14. MARIANI REQUEST TO EXPAND MUSA BOUNDARY (continued) McMillan stated the septic issue will need to be resolved first. Comick asked if anyone else would be interested in being included in the MUSA area if it is expanded. Gaffron stated in that immediate area probably not. Gaffron noted the City has had a number of requests through the years from people in the 2 -acre zone. Every time the City expands the MUSA for one or two properties, it brings the City very close to being out of compliance. The City Council took no formal action on this item. (A recess was taken from 9:13 p.m. to 9:17 p.m.) MAYOR/COUNCEL REPORT Walsh stated he would agree with Council Member Printup to start moving forward with the paperless packets. Cornick stated he hopes the City Council starts 2016 respecting each other and that they can work together as a team. Levang stated Orono has a number of wintertime activities for the residents, including opportunities for sledding at the golf course, the Casco Point skating rink, the Dakota and Luce Line Trails, French Creek, the path around the City, which is cleared by the Public Works Department, and many other sites within the City. Levang stated now is a good time to enjoy the winter recreational activities throughout the City. Printup stated going paperless has worked well for him and that he would encourage the rest of the Council to go paperless. Printup stated he would renew his request regarding the Wayzata fire service agreement. Printup moved, Levang seconded, to direct Staff to compile some data on the Wayzata fire service agreement, including the affected parcels in Orono, the number of calls for service per year in that area, the National Fire Protection Association standards, the average response times by the Long Lake Fire Department for that area, average response times for areas that are similar distance for the Long Lake Fire Department as well as areas of further distance, costs, and then direct Staff to develop a method on how to notify the various stakeholders. Printup suggested notifying the various entities by memo, including the Long Lake Fire Department, the Cities of Long Lake and Wayzata, the Wayzata Fire Department, the Fire Advisory Board, and the neighborhoods in question with some type of postcard mailing. McMillan stated she would like to hear what the Fire Advisory Committee has to say about it first prior to Staff spending a lot of time compiling all the information. McMillan stated once they have weighed in on the topic, then the Council could have it as an agenda item, Page 16 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Printup stated a positive piece is the fact that there is not a whole lot of time involved to gather the information. Printup noted last June this was discussed as being one of the Council's goals, and because it was not explored at that time, the Council has set themselves back six months throughout this process. Printup stated he cannot imagine that sending out an e-mail or a mailing would be that time consuming for Staff. McMillan stated she would prefer this start at the Fire Advisory Committee level, which would allow them to talk about it since it would impact the entire fire district. McMillan asked when the last time was that Council Member Printup raised it at a meeting of the Fire Advisory Committee. Printup stated it was touched on a couple of years ago and then again several months ago. Walsh noted the Council has also had discussions with the Fire Chief recently about it. McMillan stated it is important to let everybody know that the City is considering this. Printup stated he would like to get started on it now so it does not keep getting pushed further out. Walsh stated there does need to be a discussion about it and it needs to start at the City Council. Printup noted it is a City contract and that the City Council needs to initiate the process. Printup stated in his view a mailing would notify everyone at the same time. McMillan stated this Council can direct this to the Fire Advisory Committee, which would allow their input on it. McMillan stated she does not want it to be all of Staffs work and that she would like it to be more of a joint working relationship with the neighboring cities. Printup stated the affected parties could be notified first, and then at a meeting in February, the Council could talk about the data collected. Printup stated he is looking at kind of a two -prong approach. Walsh commented that would give Staff plenty of time to gather the information. Levang asked if Council Member Printup would like the City Administrator to come up with some type of form that gets sent out to the specific stakeholders. Levang asked whether there would also be listening sessions to get the input of the residents. Printup stated that is why he would like to get started now on notifying people since it would give the City Council the rest of the year to work on it. Printup stated he would like Staff to get the okay that they can start coming up with a plan and the data collecting. Printup stated he wants to get the process rolling. Levang asked if the Fire Advisory Committee has enough information on this issue. City Administrator Loftus stated she does not recall the committee discussing this recently in detail or in the recent past. Loftus stated what she is hearing is that Council Member Printup would like to get some data collection going and that in her opinion Staff is capable of gathering that data. Page 17 of 24 MINUTES OF TlBE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Loftus stated on the other hand, the Mayor is suggesting waiting to notify the stakeholders until after the Fire Advisory Committee discusses it. Loftus stated a compromise could be that Staff starts collecting the data, with notification going out after that. Printup indicated he would be in favor of that. Levang stated the data collection would not include listening sessions. Walsh stated in his view the City has the data available and that it is just a matter of putting it together for the Council. Levang indicated she is fine with that, but that in her view it is critical to get the Fire Advisory Committee's blessing on this. Vote: Ayes 5, Nays 0. McMillan stated the paperless packets will be placed on a work session agenda. McMillan noted technology has changed somewhat over the past few years and that tablets are now available, which would not require any hard wiring of the Council chambers. McMillan stated the Council's work session agendas are already filled up for the next three, four months, and that it might be a while before the Council is able to fully discuss this. McMillan noted the Granicus software allows someone to download the agendas through an iPad app. CITY ADMINISTRATOR'S REPORT 15. ANNUAL APPOINTMENTS — RESOLUTION NO. 6578 City Administrator Loftus stated each year the Council adopts a resolution that sets the City's annual appointments. Based upon recommendations from the Mayor and Staff, the Highway 12 Safety Coalition has been added and an update of the official depositories/investment vendors has been completed as well as an updating of staff. Printup stated he would have placed this on the Consent Agenda but that he wanted to recognize the Highway 12 Safety Coalition. Printup stated the coalition has received some positive attention and is malting some progress on improvements. Walsh noted last year the City looked at the official newspaper, three years ago they went out for engineering bids, and five years ago the City looked at the auditor. Walsh stated the City has not gone out for bids on a lot of the other official appointments. Walsh indicated he would like to see an automatic five year rotation for bids on certain items, including civil attorney, prosecuting attorney, auditor, engineer, insurance agent of record, fiscal agents, and the official newspaper. Walsh stated he would recommend the City does that a minimum of every five years. Walsh stated they could start out in 2016 with going out and getting new bids for the auditor and prosecuting attorney, then in 2017 look at getting bids for the insurance agent of record and fiscal agents, in 2018 go out for bids for the civil attorney and engineer, and in 2019 the official newspaper. Page 28 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 15. ANNUAL APPOINTMENTS — RESOLUTION NO. 6578 (continued) Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6578, a Resolution Designating Selected Appointments for 2016, with a rotating five-year review being conducted as noted above. McMillan stated the Council has talked about this in the past and that she would like to separate the annual appointments from the RFP process, which could be another agenda item for the next meeting. McMillan stated that would give the City Administrator time to think about the process and in which order they should be done in. McMillan stated having the engineer and city attorney review in the same year might be a lot and that they might want to consider staggering them in different years. McMillan stated she would rather have Staff put together a memo after some thought has gone into it. Printup stated he likes the concept and that perhaps they could do one every year automatically Walsh stated he can wait two weeks to discuss it. Walsh moved, Printup seconded, to amend his previous motion and adopt RESOLUTION NO., a Resolution Designating Selected Appointments for 2016. VOTE: Ayes 5, Nays 0. Loftus noted the City received the CAFR Award for 2015. Loftus commended Finance Director Olson for his fine work on the City's financials. Loftus reported Mediacom has updated their Internet connection at the City Hall facility and that Staff has successfully performed some of those backups. Loftus stated Phase I of the Highway 12 turnback process is close to 90 percent complete as it relates to the construction plans. Loftus noted the City Council will see those plans in February. An open house was held this past November and the residents were notified of the two lane traffic option that MN/DOT has agreed to. *16. ORONO POLICE GARAGE— PAY REQUEST NO. 16 Levang moved, Printup seconded, to approve Pay Request No. 16 in the amount of $17,629.20. VOTE: Ayes 5, Nays 0. *17. LICENSES & PERMITS Annual Tobacco Licenses I. John O'Sullivan — O'Sullivan's Holiday #546 2420 Shadywood Road Navarre, MN 55392 2. John O'Sullivan — O' Sullivan's Holiday #547 3340 Shoreline Drive Navarre, MN 55392 Jay Kernan President — Wayzata Country Club 200 Wayzata Boulevard West Page 19 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. *17. LICENSES & PERMITS (continued) 4. Richard J. Wood — Navarre Liquors 3421 Shoreline Drive Leroy David Koehnen — Navarre Minnoco 3360 Shoreline Drive 6. Jeffrey Klingen — Spring Hill Golf Club 725 Sixth Avenue North Residential Kennel License 1. David and LuAnn Runkle 2684 Casco Point Road Levang moved, Printup seconded, to approve the above -listed licenses. VOTE: Ayes 5, Nays 0. *18. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT 19. CODE ENFORCEMENT Mattick noted this is an item that was discussed at the Council's December meeting. The City Council at that time agreed to have a future vote on whether to pursue code enforcement for the property owner at 1386 Rest Point Road. Mattick indicated this is a two-part process. The first part deals with how the City handles code enforcement in general and that he has attempted to provide some of that background information in his report. The second part was to determine what to do regarding the property on Rest Point Road. One of the items is a bit misleading. Mattick stated his report lays out how many open cases there are throughout the City. At the present time there is really only one legal proceeding going on, which is a hazardous building matter that was approved by the Council at their last meeting. Otherwise there are no pending cases at this point in time and all complaints are being handled at a staff level. Walsh stated it seems like the complaint process is working pretty well but that at times it seems like some of the complaints take a long time to handle. Walsh stated some of the issues in the past were fairly serious but the City would not do anything about them unless a complaint was received, which is a fine line. Page 20 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 19. CODE ENFORCEMENT (continued) Walsh stated in his view that is the broken window policy and that if the City is aware of violations, they should do something about it versus waiting for someone to complaint about it. Walsh commented he is not talking about Staff going in everybody's back yard either to see if there are violations. Mattick stated the typical process is that Staff would investigate the complaint, then prepare a report listing the code violations, and then ask for enforcement. Walsh stated if there are outstanding violations that the homeowner refuses to bring into compliance, it is the City's duty and obligation to take care of those, especially when the items have been red tagged. Walsh stated if the City chooses not to enforce its code, then there is no code and the City is picking and choosing who and when to enforce, which is bad policy from a general legalistic standpoint. Cornick stated if the system is not broken, why is the Council trying to fix it? Walsh stated the philosophical discussion is if there are these outstanding issues, the City has a duty to uphold the code. Walsh stated if there is not that agreement amongst the Council Members, he is not sure where it goes. Cornick asked if Council Member Walsh is saying there the City does not have that now. Walsh stated that is why there is going to be a vote tonight on the property where there are a number of outstanding violations. Walsh stated the Council has to decide whether they are going to keep up their end of the bargain as a City in dealing with the violations that have already been tagged and where letters have been sent. Walsh stated if the Council decides they don't want to do that, then the individual council members need to state why they do not want to do that. Walsh stated in his view the Council has a duty to protect the citizens and the Code so that when the next Council takes office, they have the same standards they follow. Walsh stated policemen have a similar duty. Cornick stated police also have discretion. Walsh stated the City has to be accountable to the citizens. Cornick stated the City's decision on this property was not to stop enforcing the Code but to put it on hold until something happens. Cornick stated eventually it will come back before the Council. Walsh stated the City is either upholding active things on the books that are creating problems or they don't, which is a decision the Council has to make. Printup asked if Council Member Cornick was referring to Item 1 when he made his comment about the system not being broken. Cornick indicated he was talking in general and that Staff generally deals with the complaints Page 21 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 19. CODE ENFORCEMENT (continued) Printup stated he is not sure how to frame a motion dealing with Item 1 and that he is comfortable with the status quo in that regard. Printup stated people move to Orono to be left alone and that he would like to error on the side of people being left alone. McMillan stated a motion probably does not need to be made on Item 1. Walsh stated last year when he talked to one of the City's former inspectors about this property, he said he had known about the violations for a long time but that he was told not to do anything about it because nobody had complained. Walsh stated the City might need to define egregious because the city inspector felt that was egregious. McMillan stated that was a past employee and that she is not sure how he feels currently. McMillan noted Staff is currently working on 20 open cases, including hazardous buildings, weeds and parking of vehicles. In the past Staff has kept the Council updated on the various cases. Those cases are all in various stages at the present time. Staff has tried hard to get voluntary compliance but sometimes it takes a while. McMillan stated as it was said at the last meeting, people sometimes unintentionally have violations and that it is good to try to educate the residents on the different regulations. McMillan noted the City has started to do new things with the newsletter by including language dealing with right-of-ways and what items are allowed to be located there. McMillan stated it is the City's responsibility to educate the citizens since there are people who have just moved to Orono that might not be aware of the regulations. McMillan stated the more that can be done in the newsletter and on the City's website, the better it will be. McMillan noted the City also becomes aware of noncompliance when the property owner submits variance request. Walsh stated in his opinion there needs to be a vote on Item 2. McMillan stated he can make a motion on it if he would like. Walsh moved, Printup seconded, to direct the City Attorney to move forward on civil as well as criminal prosecution of the outstanding noncompliant issues on the property located at 1386 Rest Point Road. McMillan stated she would allow comment on this item if there are any neighbors at the meeting this evening. Peter Lanphor, 1380 Rest Point Road, stated he and his wife have been waiting five years to get resolution on these matters currently before the City Council. Lanphor stated nobody likes to complain about a neighbor, but that this individual is a former planning commissioner and city council member who knows the rules but yet has decided on his own, without approval, to violate city and state statutes. Lanphor stated he has removed one wind turbine but that there are still six or seven poles up. Lanphor stated these are violations and that they would like them resolved. The City has a responsibility to enforce the Code even when it is not always easy to do. Page 22 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 19. CODE ENFORCEMENT (continued) Lanphor stated it isnot an easy matter for him or the other neighbors and that nobody wants to complain about what people are doing on their property. Lanphor stated that is not what is going on here and that the Council is aware of the violations. Walsh stated the Council owes the public a discussion on this issue, and if not, that would be a dereliction of their duties. Cornick asked if the City is at the point where they are ready to prosecute this homeowner and whether the homeowner needs to be notified. Mattick indicated the homeowner does not need to be notified but that he would like the ability to step back and re-examine what exactly exists out there. Cormick stated he would like a formal process to be followed rather than simply start with prosecution. Walsh requested Council Member Cornick identify what steps he would like to see happen. Cornick stated in his view the City should identify all the violations, draft a letter to the property owner saying the City is aware of this, give him a certain time to correct the situation, and then go on to Step 2, which is prosecution. Cornick stated he is not saying this property owner should be treated in a special way but that the City should treat him as a general resident. Mattick stated if the motion is successful, he would like to lay out what the process will be. Mattick stated he needs to have a firm grasp of what is out there, which should not take that long, but that it cannot go right to a legal proceeding. Walsh stated he would be amenable to that Walsh moved to amend his previous motion and to direct Staff to send the property owner of 1356 Rest Point Road a letter listing the violations, with the property owner being given 30 days to comply. If the property is not brought into compliance, the City Council should move forward to prosecution. Cornick noted the ground is frozen and that the property owner should be given a reasonable amount of time to comply. Mattick stated if there is an option to move forward, Staff can investigate it, bring the results back in a few weeks and then put forth a plan. Mattick indicated he would like to go into closed session to discuss those items. Mattick stated at that time he could receive direction from the Council on whether civil or criminal action should be pursued. Walsh asked if that can be ready in two weeks. Page 23 of 24 Agenda for Council Meeting Set for Monday, January 25, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda — Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Regular Council Meeting of January 11, 2016 # Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Presentation — 3. Hennepin County Update from Commissioner Jan Callison 4. Westonka Historical Society Public Works Director/City Engineer's Report 5. Replacement of Truck #426 6. Replacement of Street Sweeper #460 7. Baldur Park Road Rehabilitation — Pay Request No. 2 Public Safety Report 8. Request to Hire Full -Time Police Officer 9. Hiring of Full -Time Community Service Officer (CSO) Planning Department Report — Planning Commission Representative -- Denise Leskinen 10. 15-3791 Josephine Carpenter, 780 Russell Avenue — Comprehensive Plan Amendment — MUSA Boundary 11. 15-3795 Southview Design o/b/o Robert & Beth Schnell —1130 Old Crystal Bay Road S -Variances 12. 15-3770116-3797, Mulheran et al, 460 Orchard Park Road —Plat of Orchard Farms —Amend Development Mayor/Council Report City Administrator's Report 13. 2015 General Fund Budget Information 14. 2016 Pay Equity Report 15. Claims/Bills * Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, January 25, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-46001 www.ci.orono.mn.us City Attorney's Report Adjournment Upcoming Events 71111 2016 02-01-16 — Park Commission Work Session, Monday, 1:30 p.m. 02-03-16 — Planning Commission Work Session, Wednesday, 5:30 p.m. 02-08-16 — Council Meeting, Monday, 7:00 p.m. 02-15-16 — President's Day, City Offices Closed 02-16-16 —Planning Commission Meeting, Tuesday, 6:30 p.m. (Jim Cornick, Jr Liaison) 02-22-16 — Council Work Session, Monday, 5:00 p.m. 02-22-16 — Council Meeting, Monday, 7:00 p.m. 03-07-16 — Park Commission Meeting, Monday 6:30 p.m. 03-14-16 — Council Meeting, Monday, 7:00 p.m. 03-21-16 — Planning Commission Meeting, Monday, 6:30 p.m. (Lizz Levang Liaison) 03-28-16 — Council Work Session, Monday, 5:00 p.m. 03-28-16 — Council Meeting, Monday, 7:00 p.m. 04-04-16 — Park Commission Work Session, Monday 1:00 p.m. 04-11-16 — Council Meeting, Monday, 7:00 p.m. 04-18-16 — Planning Commission Meeting, Monday, 6:30 p.m. (Litz Levang Liaison) 04-25-16 — Council Work Session, Monday, 5:00 p.m. 04-25-16 — Council Meeting, Monday, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us -- follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2016 7:00 o'clock p.m. 19. CODE ENFORCEMENT (continued) Mattick noted that would depend on staff time. Mattick noted there are also some issues associated with access that would need to be brought before the judge but that he can put that together. Mattick stated the goal could be two weeks but that he cannot promise everything will be done by then. Walsh stated the City is aware of the current items that have been red tagged. Walsh moved, Cornick seconded, to direct Staff to bring this item back in two weeks in a closed session so the City Council can discuss the available information. Printup stated it feels like the Council has had this discussion before but that they have not had a specific laundry list of items to look at and make judgment on. Printup stated they are simply delaying it two more weeks to compile the laundry list but that he has a concern about continuing to kick the can down the road. Walsh stated he is in agreement with that. Walsh noted he asked for a listing back in December but that the Council does not have that tonight. Walsh stated he is specifically asking for a list of what is there and what has been done about it so the Council can then make a decision. Walsh stated either way there will have to be a vote. Cornick noted there is also a resident in attendance tonight who requested something be done about it. McMillan stated as a matter of procedure, Council Member Walsh's motion should be withdrawn before the Council votes on the current motion. Walsh withdrew his first motion. VOTE: Ayes 2, Nays 2, Printup and McMillan Opposed, Levang Abstained. MOTION FAILED. Walsh moved, Printup seconded, to direct Staff to proceed directly to civil and/or criminal prosecution of the property owner located at 1386 Rest Point Road for code violations. VOTE: Ayes 2, Nays 2, McMillan and Printup Opposed, Levang Abstained. MOTION FAILED. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 10:16 p.m. VOTE: Ayes 5, Nays 0. A EST #ane2f�ies9 City C e �v '- -L 0 pr,-OA,�c Lili TodcMillan, Mayor Page 24 of 24