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HomeMy WebLinkAbout04-11-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 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 James Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representative 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, 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 1. CONSENT AGENDA Item Nos. 6, 8, 11, 12, 13, 17, and 18 were added to the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION MINUTES OF MARCH 28, 2016 Levang moved, Cornick seconded, to approve the minutes of the City Council Work Session of March 28, 2016, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL MEETING OF MARCH 28, 2016 Levang moved, Cornick seconded, to approve the minutes of the City Council meeting of March 28, 2016, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC HEARING 4. FIRE SERVICE City Administrator Loftus stated at the beginning of the year, the issue of Wayzata providing fire service to a portion of Orono was brought forward by Council Members Printup and Walsh. They requested the City explore what it might mean to change from the Wayzata fire district to the Long Lake fire district. Since that time Staff has gathered some information and a public hearing notice has been sent to the affected property owners. Loftus indicated the subject area is depicted in red on the map and consists of the eastern section of Orono comprised of approximately 180 parcels, which is approximately six percent of the total number of parcels in Orono. The area depicted in orange/red is the golf course and part of the DNR nature center. Page 1 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) Since 1962, Orono has contracted with Wayzata for fire protection for this section. The cost in 2016 is $29,234. Loftus stated the contract cost is calculated using a simple formula, consisting of taking the average number of calls over the past three years, which is approximately seven percent of the total calls that Wayzata responds to. That seven percent is then multiplied by Wayzata's previous year's budget to arrive at Orono's contract cost. Loftus noted Orono did approach the City of Wayzata in 2014 to review the contract and talk about possible adjustments. Wayzata did lower the contract cost by $5,000 and agreed that Wayzata's ladder truck does not necessarily serve Orono residents. That cost was consequently deducted from the contract cost. The current contract excludes Orono from contributing towards the ladder truck and fire station. The Long Lake Fire Department covers the other 94 percent of Orono and they would be able to add this section at a cost of $8,168. If this change is to occur, it would reduce the City's fire cost by approximately $21,000. Loftus noted Orono's total fire budget is $395,000. Currently the average taxpayer covered under the Wayzata contract would incur $1.76 per year on a $250,000 home. In regards to 911 calls, for the past two years the Wayzata Fire Department has averaged a 6.92 minute response time to that area in Orono. The Wayzata Fire Station is on average 1.9 miles away from that section. An educated estimate from Long Lake on the response time is expected to be about 8.64 minutes. The Long Lake Fire Station is located on Willow Drive, which is approximately 3.5 miles from that service area. Loftus noted the National Firefighter Professional Association standard is ten minutes response time, so both agencies would fall within that response time standard. As it relates to a further breakdown of response times, for someone living on North Ferndale, the response time would be 9.23 minutes, Ferndale Road West would have an 8.25 minute response time, and the .Ayrtlewood area would have an 8.45 minute response time. Other areas within Orono would have similar to greater response times. Currently Long Lake responds to residents on Townline Road or Bayside Road, both are in the three to four mile range from the station, and have a response time of 9.4 minutes. Loftus reviewed the call history for Wayzata fire service over the past three years. On average this area had around 20 calls per year, with the number one call being fire detectors without fire and then medical calls. Orono has not had a structure fire in the past three years. Loftus noted the City Council did receive six written comments as well as some e-mails in response to this item. Council Member Printup stated he has brought up this issue several times over the past couple of years and that this is the first time a public hearing has been held on it. Printup stated he wants to make sure, as the Council heads into this, that the discussion not be based on fear and that he would not have brought up this issue if he felt that life, liberty or safety was in jeopardy. Page 2 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) Printup stated in his view this is a tax and spend issue, and that currently Orono is spending $29,000 for fire service versus $8,000 they could be paying for a similar service. Printup stated the main concern the Council will hear tonight will likely be response time, and that there will be a 1.72 minute difference for fire trucks to arrive if Orono goes with the Long Lake Fire Department. Printup stated the fire department response time is not the only part to this very broad subject and that there are many moving parts. Printup stated at the end of the day, given the Orono Police and Fire Departments, along with mutual aid and auto starts, they will meet the service needs and possibly not change any of the response times because of the mutual aid and auto starts. Printup stated this is not an issue of response time only and that there are many more facts than just the response time difference of 1.72 minutes. Printup stated 1.72 minutes equals 1 minute 43 seconds and that it has taken him longer to read this statement. Printup stated this is about common sense and that he is a person that has been known to question and try to change the status quo if it is the right thing to do and that the City should not continue to kick the can down the road and instead think about what is best for Orono. Printup stated what people are talking about when they sit around the dinner table are out of control fees and spending, how elected officials do not make the right decisions due to political consequences. Every day people are sitting at the dinner table talking about what does not make sense about government. If there is an emergency, the police are first on the scene and can render aid. If needed, the fire department can be on scene, not to mention mutual aid, ambulance service or helicopter service. Printup noted construction on Old Highway 12 will cause some delays, but that Old Highway 12 will have lanes open for everybody. Construction by the Metropolitan Council along Shoreline Drive will also cause delays, more so than the Old Highway 12 work because it might be a total road closure. Printup stated Orono has been through this exercise on the western portion of the city. Printup stated people that enjoy supporting and giving money to Wayzata Second Call can continue to do so and that First Responders will continue to administer emergency care service. Printup stated a tax of a dollar here or a fee there adds up over the years and that he is very much opposed to the tax and spend approach. Printup stated he would rather keep Orono residents' tax dollars here in Orono. Printup indicated for the last couple of years he has voted against the budgets because of the tax and spend approach. Printup noted the other 3,800 parcels in Orono were not provided notice of this hearing and that he is sure some of them might like to have a voice on how their tax dollars are being spent. Printup stated those are the main reasons why he has wanted to talk about this for the past few years and that there are a lot more moving parts to this than simply the response time. Council Member Cornick asked if the City has any way of lodging any complaints against the Wayzata Fire Department. Loftus indicated she is not sure the City does, but that in the six years she has been here, she has not received one. Page 3 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) Council Member Walsh noted the City is not changing the fire responders or the police service or ambulance service as part of this and that the police department is usually the first to respond. Walsh noted this is just strictly dealing with the fire service contract. McMillan noted this discussion was initiated solely by the Orono City Council Members and not either fire department. Mayor McMillan opened the public hearing at 7:19 p.m. Judson Dayton, 825 Old Crystal Bay Road, stated in randomly talking to Chief Kevin Klaprick at fundraising event, he indicated they would like to continue the service the way it is. The Wayzata Fire Chief also asked him to remind the Council that sometimes the fire department is the fire responder and that some of the times are averages and could vary. Dayton stated in some of the areas there is a large difference, which might not matter as much in a fire, but that those couple of minutes difference matter in a heart attack or other medical emergency. Dayton stated the Wayzata Fire Department would like to continue servicing the sections that they are and that he hopes those response times make a difference at some point. Robert Howe, 135 Chevy Chase Drive, stated he has lived here since 1971 and that he is a board certified internist. Howe stated his concern is to the response time as it relates to cardiac arrest. The first 24 hours after a heart attack are critical and that they are able to save many lives due to the fust response because that is when irregular heartbeats cause the most deaths_ The response time between the patient calling the fire department or the police with chest pain and the response time is absolutely critical to survival. Howe stated one reason this country has improved cardiac care is because of emergency response teams and that lives are saved because of that response time. Howe stated two minutes more is too much. Tom Collum, 725 North Ferndale Road, stated he happens to live in an area that has the longest response times. Collum indicated he has had two heart attacks and has great sensitivity to this issue. Collum indicated the area he lives in also has no fire hydrants and that he is curious what the response time will be and how they will address the fires since there are no fie hydrants. Collum noted he has not seen any other solutions come up for the area and that the response time is double to his house for fires or emergencies and that it is a lot more than dollars and cents. Stacy, 240 Northgate Road, stated she has lived in a number of areas and has seen a lot of emergency services handled off and on. Stacy stated she cannot say enough about Wayzata and how they provide public service very well for a pretty decent cost. Stacy noted she just received her City of Orono sewer and water bill and that in her opinion the City can do better there. Stacy stated she knows people have medical concerns and are concerned about the longer response times. The City of Wayzata Fire Department runs a good department and has updated their equipment with the community in mind. They have had to deal with the Press Homes being built out, as well as other things going on in the City, and have done it in a very thoughtful, concerned way about costs, people, and resources. Stacy stated she is for keeping it where it is at and that geographically it makes sense because anything can happen. Page 4 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) Rick Fredrickson, Woodhill Country Club Golf Course Superintendent, stated he is here tonight representing the golf course and that he is also a retired firefighter. Fredrickson noted Orono/Wayzata bisects the Woodhill Country Club almost down the center and that they have three buildings in Wayzata and three buildings in Orono. Fredrickson questioned what would happen when and if there is a fire there. Fredrickson commented he is not sure if Council Members Printup or Walsh have considered that but that they would like to continue with Wayzata since they have done a good job in the past. Fredrickson stated as it relates to response times, what they are losing track of is where the average is being determined from. Fredrickson stated he can almost guarantee that 1.43 minutes is not accurate and that it will take the Long Lake Fire Department a lot longer to get through the City than that. Fredrickson stated if they run lights through Orono Orchard and Fox Road in order to get to the Woodhill Country Club, they will be putting some of the residents in danger as well. Fredrickson requested the City Council consider all of those facts before making a decision. Printup asked about the mutual aid and auto starts. Fredrickson stated if there is a structure fire, several departments are on that list, but they do not cover medicals. Van Eyll stated there are no auto starts for any medical situation. Council Member Levang asked approximately how many people might be on the golf course premises Fredrickson stated it could range from a few people to over a hundred. Fredrickson stated currently some of the buildings are sprinkled but not all of them. In addition, the sprinkler system only has a 5 -minute backup tank. The golf course does have fire hydrants and that they routinely work with the Wayzata Fire Department to make sure they are aware of where those are located. Dennis Johnson, 106 Chevy Chase Drive, stated he is also here tonight representing Tom and Lynn Dunn and their two children who live across the street. Johnson stated contrary to what Council Member Printup was suggesting, he fords it hard not to talk about this without emotion. Johnson indicated two years ago his wife was laid up with a badly broken leg and he also had a medical issue. Johnson stated luckily his children were old enough to know what to do and called 911. Wayzata did a very professional job. In addition, approximately four or five years ago the neighbors across the street went to bed with seven people in their house. Unknown to them, a fire was brewing in their attic, but luckily the paperman came by and smelled smoke and called 911. Wayzata searched the area looking for the fire and drove around on Chevy Chase. Finally the man on the back of the truck was able to spot the fire. Johnson stated within a matter of a few minutes that house would have collapsed and killed all seven people. Johnson stated when he hears that emotion should not be a part of this discussion and that the only piece that makes sense is there are moving parts that account for spending money wisely by the Council, for himself and his neighbors, they would like to have Wayzata as their fire department because the only moving parts that matter to him are his neighbors. Page 5 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) Katie Simpson, 142 Chevy Chase, stated response time might mean more to the Council if they lived in that area or their children, pets or home were at risk. Simpson stated she has had the Wayzata Fire Department at her house a couple of times and the police were not there first. Kristopher Scherer, 90 Ferndale Green, stated they live less than a mile from the Wayzata Fire Department and that he has a tough time with the estimated response times since he knows how quick Wayzata is. Scherer stated the Orono Police Department is a good department and respond quickly but that they do not come through his neighborhood very often. Scherer indicated he has not seen a police car in the cul-de-sac within the past six months and that there are not there very often. Scherer indicated he would prefer to stay with Wayzata. Gabriel Jabbour, 985 Tonkawa Road, stated he commends the Council on trying to find every possible way to save taxpayers money, but that it is disappointing to hear that the Council started to pick on this particular pocket to do it. Jabbour indicated he is equally disappointed to see that Council Members Printup and Walsh have already made up their minds on this issue prior to the public hearing. Jabbour noted he spent close to ten years putting this system in place and that they did not find it necessary to pick up the phone and call him. Jabbour noted he has been here for 45 years, and that when he was on the Council, Orono had three or four different fire services. Due to the Highway 12 construction, Orono had to tear down the old facility and construct a new one. Jabbour commented that happened after a lot of blood, sweat and tears, and that he would strongly encourage the Council to direct their energies to acquiring equipment for that department. Jabbour stated he is not sure if the Council is experienced or inexperienced, but that volunteers are shrinking throughout the entire country, particularly in the African American community. Jabbour stated maintaining the moral of the volunteers is important. Jabbour indicated he has talked with a number of firefighters in Wayzata and Long Lake and they all have said they would do whatever the Council decides to do but that they wish they would leave it the way it is. Jabbour noted some of this has unintended consequences and that it generates really bad will when Orono says they will leave the Wayzata Fire Department but yet still rely on them for mutual aid, with no intention to help Wayzata buy a ladder truck. Jabbour stated if the Council wants to do that, they can do it, but that they should keep in mind that Orono will have to help buy Long Lake a ladder truck at some point. Jabbour stated he is also not so sure Wayzata will respond at Orono's will anytime they wish them to as it relates to mutual aid, but that contractually they have to so. Jabbour stated he is not so sure Wayzata will give Orono all of their equipment simply because Orono is asking for mutual aid. Mayor McMillan closed the public hearing at 7:40 p.m. McMillan stated she would like the Council to make a decision tonight if possible or schedule a new date when this will be heard again so the residents are aware of the new date. Levang moved, McMillan seconded, to affirm the agreement with the Wayzata Fire Department. Page 6 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) McMillan stated her position has not changed from a month ago and that in her view this was not a good path to go down. McMillan stated a number of people have asked her what it is like being mayor, and that she tells them it is like being chairman of a volunteer nonprofit board. The Council's job is to figure out how to deliver services effectively and at a reasonable cost. The City is able to cover some of the costs for services and some years the City might make a little bit over, but some of the services that the City is directly responsible for, such as public safety, the City does not make a profit on and they do not break even. McMillan stated in her view the residents agree as a community to everyone paying collectively to ensure that everyone in the community has safe access to fire and police protection and that it is out of concern for our fellow citizens and not about dollars. McMillan stated it is about providing a service that the residents are not separately charged for when they show up at the door but instead everyone contributes to it. McMillan stated it will never be 100 percent fair and that she equates it to paying insurance. A person feels fortunate they do not have to make a claim, but if they do make a claim, they are glad they have insurance. McMillan stated the City supports good public service and the residents are glad they have it when they show up at their door. McMillan stated she is glad the residents have access to it even if they do not need it and that public safety should not be about penny pinching. McMillan stated it is about all the residents chipping in and that she is willing to pay a couple more dollars on her taxes to know that the citizens of eastern Orono have fire service that is reasonably priced. McMillan noted none of the residents are asking the Council to change it and that she sees no need to change. Levang stated fire service is an essential service and that the citizens are paying taxes and expect certain essential services. The residents expect clean water, building codes and enforcement, police protection, snow removal, street cleaning, sewage and water treatment, and fire protection. Levang stated as an elected official, it is her responsibility to make sure that Orono provides these essential services and that they provide the highest level of services possible at a reasonable cost. Levang stated maintenance of public works equipment is important and was the reason why Orono built a police garage and why they replaced the rusty and deteriorating streetlights in Navarre. The City has a responsibility to the citizens, and reducing the fire response rate for property owners on the eastern edge of Orono would represent a decrease in service. In addition, Chief Van Eyll has been clear that he cannot meet the response times of Wayzata, which would diminish the peace of mind of the residents. Levang stated all citizens should have the best response rate possible with reasonable costs, and that she is unwilling to jeopardize anyone's life or property. Levang stated she is also unwilling to pit one neighborhood against another, which is part of what is happening here. Levang noted fire response rates vary within the city. Levang stated she resides on Bayside, which has a nine minute response time, but that she is not going to bemoan that when those on the eastern edge have six. Levang stated to describe this as wasteful spending is untrue, and if Orono needs to cut its budget, she is not sure fire service is where they want to cut. Levang indicated she is not in favor of eliminating the fire contract with Wayzata. Page 7 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) Printup stated he brought his utility bill and that it increased again. Printup stated that does not relate to fire service and response times, but that when he sees tax dollars going outside the City, he takes another look and will bring it up every year. Printup asked whether it makes sense to have a separate contract for six percent of the parcels in the City that have on average 20 calls a year. Printup asked whether it makes sense to have a separate contract for an average of three medical calls per year. Printup questioned whether it makes sense to have a separate contract when they are talking about emergency calls that police can respond to first. Printup asked if it makes sense for Orono to pay more than $20,000 a year more for fire protection than is necessary for 20 calls per year. Printup further questioned whether it makes sense for Orono to have a contract written in 1962, which is 54 years old. Printup stated if anything, it is shedding light on something that the City needs to review and that they perhaps need to delve into the contract. Printup stated much of the concern from the affected parties is the response time but that mutual aid and auto start can help. Printup indicated he has a philosophical belief that if the City can provide a same or similar service that requires less tax dollars, he has a duty to continue to stand between the taxpayers and the tax spenders. Printup stated he is glad this has finally seen the light of day because the Council has discussed this on a number of occasions over a number of years but has never called a public hearing on it before. Printup stated he continues to believe that Orono has a larger area that has one service provider, one contract, and that changing fire departments would mean taking the hard step forward and asking the Long Lake Fire Department to provide service. Cornick stated when this process started, he wanted to remain neutral and see if there was a compelling reason to make a change. Cornick stated in his view he does feel the Council has enough information but at this point he does not see a compelling reason to change. Cornick indicated he would be against a change at this point. Cornick asked if the motion to continue with Wayzata should have a date attached to it. Cornick asked whether the City should go with the contract for two or three years more and then reconsider it. Loftus stated currently the City has a one-year contract and that the current contract would go through the end of the year. Walsh stated he appreciates the public input and that he would like to have public dialogue about everything since government does things too often in the dark and the citizens do not get to see the discussions. Walsh noted Fire Chief Van Eyll actually calculated the response times and that he picked various points throughout the City. Walsh stated in the past the western part of Orono was serviced by Maple Plain, which is a lot closer than Long Lake, but that was changed to bring most of Orono under one contract. Walsh stated if he approached the Fire Chief and asked him to cut things to make up the $20,000, he would likely need to get rid of some fire trucks or other equipment. Walsh stated in his view there is some sort of disconnect between one fire department charging over $20,000 for fire service and another department charging a little over $8,000, which is where the open dialogue is important. Page 8 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 4. FIRE SERVICE (continued) Walsh stated he was very excited about helping the process to get the public dialogue going. Walsh stated the only information that he has seen so far is the Long Lake Fire Department has a minute and a half difference in response times, but that there is a huge part of Orono that has the same or similar response time. Walsh stated he does not want other people coming to him asking for a different fire station because they can receive a better response time. Walsh stated having an open dialogue is good, and that for $20,000, the City needs to have a conversation with Wayzata to see if they can lower costs. Walsh commented the City struggles to come up with the money to do projects, such as road improvements, and that knowing Long Lake can service the area within the recommended time frames and that the First Responders will be the same First Responders, in his view it makes sense to save that extra money. Loftus noted the difference in cost between the two contracts is purely a function of volume and that it takes X amount of dollars to build a station, buy the necessary equipment, and have firefighters available. Loftus noted Long Lake has a significantly higher amount of volume, which is why it is cheaper to respond. Wayzata has a smaller number of calls and Orono pays a fixed portion of those calls. Loftus indicated she is not sure if Orono can reduce that cost since it is based on a fixed percentage of calls. Loftus stated fire service is very capital intensive even though the fire departments utilize volunteers and that it is the fixed costs that end up costing more. Loftus stated her understanding of the reason why it is more effective and cheaper per call is simply a function of volume. McMillan stated in her view it is dangerous to be shopping around for fire departments and that fire departments are capital intensive, with a large volunteer group that is very loyal to the community. Many of the residents have lived here for a long time and the Wayzata Fire Department knows their neighborhood. McMillan stated in her view it is dangerous to just go with the low bidder and that it impacts the morale, reputation, and integrity of these departments. Levang stated she would like to call the question. Walsh stated he does not appreciate the Mayor calling it dangerous but that there is a disconnect between the numbers. McMillan stated they are talking about dedicated public safety officers, which is not something a person shops around for. Printup stated he has a hard time explaining to people outside of the eastern edge of Orono why they are paying more for their fire protection to help offset this section of Orono. Printup stated he understands that it is hard when a border neighborhood has been serviced for so long by a particular fire department, but when other residents see the numbers of almost $30,000 for the same or similar service with 20 calls on average, three medicals, no fires, which could be accomplished for $8,000, it is difficult to explain that. VOTE ON THE FOLLOWING MOTION: Levang moved, McMillan seconded, to affirm the agreement with the Wayzata Fire Department. Ayes 3, Nays 2, Printup and Walsh Opposed. PRESENTATION Page 9 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 5. LONG LAKE FIRE DEPARTMENT ANNUAL REPORT FOR 2015 Fire Chief James Van Eyll addressed the City Council regarding the Long Lake Fire Department's annual report for 2015. It is the goal of the Long Lake Fire Department to perform these services in a professional and efficient manner by maintaining effective training, fire prevention, fire suppression and emergency response. Van Eyll reviewed the officers of the fire department and the organizational chart. There are currently 40 active members, with one on military leave, one on material leave, and three on personal leave. All members are currently or will be Firefight I or H state certified, First Responder or EMT certified, and HazMat Operations certified. One member retired and six members came off of probationary status in 2015. Van Eyll briefly reviewed the facilities and equipment of the Long Lake Fire Department. The total number of 2015 emergency calls for Orono was 319. There were 16 fire calls, 66 rescue and emergency medical service calls, 59 hazardous condition calls, 89 good intent calls, and 76 false alarms. The Long Lake Fire Department also provided mutual aid 30 times in 2015. The average response time for Orono was 06.25 minutes. On average 13.87 members responded per call, with an average of 11.75 members responding to daytime calls. Sixty-three percent of the calls occurred during daytime hours. The number of call hours for Orono in 2015 was 4,586, which accounted for 73.59 percent of all calls received by the fire department. Van Eyll reviewed the fire department's goals for 2015. Training goals for 2016 include live burn training, medical training, officer development, driver training, and foamICAFS training. Other goals for 2016 include consolidating fundraising activities to one day with the exception of the pancake breakfast, creating an LLFD cloud drive, finding a location for B 11 on Lake Minnetonka, creating a better way to track items that are being done and need to get done around the stations, and completing Lexipol and other SOPS. Additional training goals for 2016 include officer training, driver/pumper training, simulator training, and training with the Orono Police Department, schools, churches, and businesses on active shooter. Van Eyll recognized the top responders for each station as well as the top training attendees. The Long Lake Fire Department also participated in the Excelsior boot hockey event, an air climb, a chili cook -off, the New Germany softball tournament, the Maple Plain water ball event, trap shooting, and the Centennial Celebration. Events planned for 2016 include the pancake breakfast on April 10, Kids Day on October 10, a toy and food drive on December 3, and the Long Lake Fire Department's celebration. Levang asked whether affordable housing would help attract additional volunteer firefighters. Page 10 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. PRESENTATION (continued) Van Eyll stated additional housing is one component of it but that volunteerism is down nationwide for various reasons. Van Eyll noted three public workers from the City of Long Lake have recently retired and two out of the three have indicated they would be interested in becoming a member. Walsh stated he always finds it amazing that false calls are so high and asked whether that common across the country. Van Eyll stated it is more common with homes that have security monitoring systems or alarm systems but some are medicals where the police department gets there first and have the situation handled before the fire department arrives. Cornick asked if they are anticipating getting a dock for their boat. Van Eyll stated he is hopeful. McMillan commended Chief Van Eyll for getting as many volunteers as he has gotten as well as the successful pancake breakfast this past Sunday. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT Edwards reported on the following items relating to the Public Works Department: • Road restrictions will be lifted on Friday. • Pothole repairs have started. Fox Street, East Long Lake, Lyman, Watertown, Leaf and Livingston are some of the priority streets. • Street sweeping has started and debris is being deposited up in Medina. • The CIDP of sewers on Kelly, Baldur Park, and Old Beach Road has been completed and manhole sealing will be commencing in the near future • The Public Works Department is working with the Metropolitan Council project for the second pipe up County Road 15. All the pipes have been run to Lift Station No. 1. • New sand was placed at Lydiard Beach. • The golf course kitchen project is almost completed. • Tim Amundson has submitted his resignation and has taken a new position with another city. • The golf course is now open depending on the weather. *6. APPOINTMENT OF 2016 SEASONAL EMPLOYEES — UPDATE I Levang moved, Cornick seconded, to approve the hiring of the seasonal employees listed in Staff's April 11, 2016, memorandum. VOTE: Ayes 5, Nays 0. Page 11 of 32 MINU'T'ES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT — KEVIN LANDGRAVER, REPRESENTATIVE 7. #16-3816 TEXT AMENDMENT PERTAINING TO DOCKS FOR EMERGENCY USE, ORDINANCE NO. 167 Community Development Director Barnhart stated this text amendment defines County docks and establishes the same as a permitted use, provided it meets the requirements set out in the ordinance. This amendment would allow Hennepin County and only Hennepin County to install a dock for emergency access in certain districts. The dock would not be for overnight dockage and can only be used for emergency access to the lake. Barnhart stated in his view this ordinance addresses the goals but also limits the number of county docks within the community. Staff and the Planning Commission recommend approval of the text amendment as drafted. Gabriel Jabbour, LMCD Representative, stated in the summer of 2014, a substantial number of accidents were occurring on Lake Minnetonka near Big Island and Lord Fletcher's. The dock where emergency services are currently accessing the lake is located on the upper part and the majority of the activity is happening on the lower part of the lake. Jabbour indicated approximately ten years he helped arrange with the owner of Sailor World and the LMCD to allow a dock there. Last year, given the increased number of emergencies on the lake, it was demonstrated that it was not sufficient to respond to all the emergencies. The LMCD and the Hennepin County Water Patrol looked at a number of options and determined that a dock closer to the lower part of Lake Minnetonka would be the best solution. The proposed dock is located within minutes of the 55 -mile an hour zone and within minutes of the helicopter landing site. Jabbour stated the dock should also have no adverse impact on any residents and that no overnight parking will be allowed at the dock. McMillan noted the Planning Commission recommended gates and fences to secure the dock, which has been included in the ordinance. Walsh stated in his view the text amendment has been crafted well and does not contain a lot of ambiguity. Levang moved, Printup seconded, to adopt ORDINANCE NO. 167, Third Series, an Ordinance Amending the Zoning Ordinance Pertaining to County Docks in the LR -IA Zoning District. VOTE: Ayes 5, Nays 0. *8. #15-3792 JOHN AND BEN KIEFFER, 2024 SHADYWOOD ROAD, VARIANCES — REVIEW REVISED PLANS — RESOLUTION NO. 6601 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6601, a Resolution Approving Variances from Orono Municipal Zoning Code Sections 78-350, 78-1403, and 78-1700(1) for Property Located at 2024 Shadywood Road. VOTE: Ayes 5, Nays 0. Page 12 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 9. #16-3807 TOM GONYEA, ESTATE DEVELOPMENT CORP., 425-595 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT APPOVAL — RESOLUTION NO. 6603 Senior Planner Gaffron noted on March 28 the City Council voted 4-0 to direct Staff to revise the draft preliminary plat approval resolution and to forward to the Metropolitan Council the Comprehensive Plan Amendment. The Comprehensive Plan Amendment was submitted on March 31. Staff has not heard back from the Metropolitan Council at this point in time. The Preliminary Plat approval resolution has been revised as follows: The table on Page 7 has been revised to indicate that side setbacks will be per the color -coded setback exhibit provided by the applicant. That plan will be attached as Exhibit B-19. 2. The list of plans on Page 10 has also been revised to include as Exhibit B-20 the conceptual street lighting plan submitted by the applicant. The applicant is proposing a limited number of streetlights, primarily located near the intersections. 3. Item 3 on Page 12 of 20 confirms that the interior sidewalk system will be maintained by the abutting residents, except the segment from the northeast cul-de-sac to the intersection of Wayzata Boulevard and Old Crystal bay Road will be maintained by the City. 4. Item 5 on Page 12 confirms the ownership and maintenance of street lighting and references the submitted conceptual street lighting plan. Item C(3) on Page 14 has been revised to note that stormwater system maintenance will be the City's responsibility and that the developer is obligated in configuring the final plat to provide access for future City maintenance of the system. The requirement for escrow for sewer and water system design has been deleted since the City Engineer has confirmed that no such escrow is required from this developer. One of the issues discussed at the last Council meeting was whether or not a trail easement should be required along the south side of Highway 12 rather than relying simply on the internal system of sidewalks. Staff has spoken with Bob Byers from Hennepin County who has reinforced comments regarding the establishment of trails along Wayzata Boulevard. The County Transportation Staff are not in favor of any trails along the right-of-way of Wayzata Boulevard west of Old Crystal Bay Road. They would encourage the use of internal trails or sidewalks on both sides of the corridor. They would expect that if and when the Dumas property is developed, that the development would extend the internal sidewalk system proposed in Orono Preserve. On the north side of Wayzata Boulevard, they would encourage the Orono Schools to establish a sidewalk along the west side of Old Crystal Bay Road from the signalized intersection to the parking lot. If a pedestrian corridor is desired by the schools to connect to their west entrance to accomplish that internally rather than along Wayzata Boulevard. The applicant has submitted an aerial view depicting a 10 -foot trail easement inside the northerly boundary of the property. In order to better visualize the impacts of such a trail easement, Staff has included a perimeter buffer cross-section and an enlargement of the proposed grading plan for that area. Page 13 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 9. #16-3807 TOM GONYEA, ESTATE DEVELOPMENT CORP., 425-595 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT APPOVAL — RESOLUTION NO. 6603 (continued) Establishment of a 10 -foot easement is fairly inconsequential, while actually developing a trail within the easement will have significant impacts on the current layout and buffer plan. 1. The location and topography of the road ditch within the right-of-way makes it very unlikely that a trail could be developed within the existing right-of-way, forcing it into the Preserve property. 2. Building a trail within a 1 -foot trail easement would conflict with the proposed berms and plantings in the northerly 25-30 feet of Lots 1, 2, 3, 4, and 7. It would require that the berms and plantings would have to be moved further south, reducing the depth of the already minimal rear yards of those homes. Otherwise the north side of the berms would have to be excavated and a retaining wall established, perhaps as high as four feet, in order to provide a flat bench for the trail, jeopardizing the vegetative screening. 3. Moving the internal road even a short distance south would further restrict the minimal yards of lots to the south of that road which are already squeezed between the road and the wetlands and stormwater ponding area. Based on the above, Staff does not support the concept of a trail along the south side of Wayzata Boulevard. No trail or trail easement requirement has been added to the preliminary plat resolution at this time. Staff recommends approval of the resolution as currently drafted. Printup stating he is interested in obtaining the easement on this property for a potential trail at some point in the future because once the Dumas and Eisenger properties develop, there will be a lot of people in this area. Printup stated once that happens, Hennepin County could consider reducing the speed limit in that area. Printup stated since they have no idea of what the future looks like, he would again request an easement through that area. Walsh stated if an easement is obtained now, there is the possibility of doing something down the road. The easement would allow the City to have the ability to construct a trail sometime down the road if it is ever needed later. Gaffron noted at the last meeting the developer asked whether he would be compensated for the easement and he was informed that the City's practice is only to provide credit against the park dedication fee should the actual trail be built. Gaffron stated there is probably minimal risk to acquiring the easement but that the trail has future impacts if it is ever built. McMillan asked if the developer would be restricted from putting anything on the easement. Printup stated the developer would not have to be restricted for the most part and that he does like the proposed buffering and berming. Printup stated he is merely thinking about all the unknowns that could happen should the other properties get developed at some point. Page 14 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 9. #16-3807 TOM GONYEA, ESTATE DEVELOPMENT CORP., 425-595 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT APPOVAL — RESOLUTION NO. 6603 (continued) Walsh stated obviously no structures should be allowed but that it is more a matter of having the easement in the event it is ever needed. McMillan stated if there is berming and plantings, it makes it harder to put something there down the road. Gaffron noted there would also be a 10 -foot drainage and utility easement in the same spot and there is the potential that utility companies will put whatever they need in that area. City Attorney Mattick stated if it is going to be a 10 -foot overlapping easement, the City could simply expand what is allowed in that easement to accommodate any berming or other items the Council would like to allow. Gaffron noted the bottom of the ditch is probably ten feet into the actual existing right-of-way and that there will likely be some utilities in the easement at some point. Gaffron stated in the past the City has not required a trail easement to be separate from a utility easement. Mattick stated if the Council is interested in the future growth and interconnectivity of the area, now is the time to obtain the easement. Mattick stated as it relates to some of the discussion about the berming, initially some plantings would be nice to buffer the homes from the road. Mattick stated a sidewalk or trail is put in 10 to 20 years down the road, the residents abutting the trail may not like it and that they need to be told up front about the possibility of a trail being constructed in that area at some point in the future. Mattick stated the Council and developer should think about the design and where things get planted but that there is nothing in the resolution that would disallow plantings in there. Gaffron stated he is not sure if the developer is thinking about fences at all and that City Code would allow a rear yard fence since it is abutting a fairly substantial road. Gaffon noted other cities will quite often allow a 6 -foot high fence along an arterial road and there could be six or seven different fence types unless some type of stipulations are required. Tom Gonyea, Applicant, stated he agrees with the concept of getting the easement now, and that if it is a long-term plan, he would like to put some trees or other plantings in there as a buffer. Gonyea stated there is also the possibility, in addition to the speed limit being reduced, that the County may change their opinion on whether they would allow a trail in that right-of-way, which may mean that the buffering could stay and the trail could be relocated. Gonyea indicated he is not proposing any fencing at this point since in his view the buffering will suffice. If a fence is ever built, it likely would be a black chain link fence and would be the same all the way down. Gonyea stated the type of fence and where it is located could be included as a condition in the resolution. Walsh stated it would be more of a matter of disclosing it to the homeowner so they are aware of all the stipulations. Page 1S of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 9. #16-3807 TOM GONYEA, ESTATE DEVELOPMENT CORP., 425-595 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT APPOVAL — RESOLUTION NO. 6603 (continued) Gonyea noted a trail easement is typically a separate document so it shows up on the title work. McMillan stated the back of the homes will be facing Wayzata Boulevard and that there might be a huge demand for fencing. McMillan stated the Council should perhaps consider whether any stipulations are desirable on the fencing. Gonyea stated he does not have an issue with requiring a similar type of fencing along Wayzata Boulevard. Gonyea stated black wrought iron tends to fade in with the buffering and that he would be fine with adding it to the resolution. Gaffron stated the language would likely be that the fence needs to be consistent in the type, height, and color so the residents understand what they can and cannot do for perimeter fencing along the two major roads. Gonyea stated there might already be fencing along the bypass. Mattick asked if the builder would install that fence or the individual homeowners. Gonyea stated the berm in his mind would block the road out for the most part and that he has not really considered installing a fence at this time. Gaffron stated the fence can go along the property line and that he will add language to the resolution regarding fencing standards and the easement. Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6603, a Resolution Approving the General Concept Plan and Granting Preliminary Plat Approval for Property Located at 425-595 Old Crystal Bay Road North with changes trail easement and fencing covenants. VOTE: Ayes 5, Nays 0. 10. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830 SHORELINE DRIVE — VARIANCES AND CONDITIONAL USE PERMIT — RESOLUTION NO. 6602 Curtis noted at the March 14 meeting, the City Council reviewed this application and voted 3 to 2 to direct Staff to draft a resolution reflecting the following: 1. Approval of the lot width and lot area variances in accordance with the survey dated 03/10116; 2. Approval of the side street setback variance according to the revised survey dated 03110116; 3. Approval of the second driveway access provided the Heritage Drive curb cut is reduced to a minimum width; and Page 16 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 10. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830 SHORELINE DRIVE — VARIANCES AND CONDITIONAL USE PERMIT — RESOLUTION NO. 6602 (continued) 4. Approval of the conditional use permit for grading with conditions as outlined in Staff's report City Planner Curtis stated at the Council's direction, the applicant reduced the width of the second driveway onto Heritage Drive to 12 feet with a 3 -foot unpaved, reinforced turf flare as the driveway meets the roadway. The applicant has also provided a detailed landscape plan which enhances the existing vegetation and offers screening on the perimeter of the property as well as provides for infiltration at the termination of the swale. The landscape plan includes a 42 -inch tall iron fence and entrance monuments with gates. A permit will be required for the monuments and gates. Staff has drafted an approval resolution reflecting the Council's direction. McMillan noted the fence will not require a variance. McMillan asked if the gates and monuments would require a variance. Curtis indicated she has not seen any plans for the monuments or gates and that Staff would need to review those to determine whether a variance is required. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6602, a Resolution Approving Variances from Municipal Zoning Code Section 78-305 and Approving a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-966 and 78-967 for the property located at 1830 Shoreline Drive. Walsh stated in his view the Mayor has set some dangerous precedents when she disregards the safety and well-being of a neighborhood for the wants of one. Walsh stated that comes on top of the dangerous precedent at the previous meeting when she said the entire Council will only accept one driveway knowing the safety and well-being would be impacted as well as the parking and other issues on Heritage Lane. Walsh stated in his view she has set a precedent and that the neighbors do not really know what she means since she has flip-flopped on the issue. Walsh stated in his view that sets a dangerous precedent and is not good for the people of Orono or this neighborhood. VOTE: Ayes 3 Nays 2, Walsh and Printup Opposed. *11. #16-3811 JAMISON KOHOUT/LANDSOURCE, LLC, 3438 LYRIC AVENUE — VARIANCES — RESOLUTION NO. 6604 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6604, a Resolution Granting Variances to Municipal Zoning Code Section 78-350 for Property Located at 3438 Lyric Avenue. VOTE: Ayes 5, Nays 0. Page 17 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. *12. #16-3812 GREG REITAN AND SALLY NEUBAUER, 925 BROWN ROAD NORTH — VARIANCES — RESOLUTION NO. 6605 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6605, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1279(6) for Property Located at 925 Brown Road North. VOTE: Ayes 5, Nays 0. *13. #16-3813 DALE GUSTAFSON ON BEHALF OF MATT BURNS, 1180 LOMA LINDA AVENUE -- VARIANCES — RESOLUTION NO. 6606 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6606, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1279 and 78-1680 for the Property Located at 1180 Loma Linda Avenue. VOTE: Ayes 5, Nays 0. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH,1700 BOHN'S POINT ROAD — VARIANCES Gaffron stated the applicants are requesting two variances consisting of an average lakeshore setback variance and a hardcover variance in order to construct a new residence. The property is located at the very end of Bohn's Point and the property to the immediate south has no house. The property to the north does have a house. The property consists of two-thirds of an acre. The applicants are proposing to replace the existing residence and driveway. Gaffron displayed a layout on the overhead. The applicants are proposing a fairly large driveway apron given the difficulty they have maneuvering the current driveway. There are a number of retaining walls near the lake as well as other areas of hardcover. The applicants are proposing to revise the hardcover for the driveway to have an in leg and an out leg. The proposed hardcover is 27.2 percent and existing hardcover is 29 percent. There is a 25 percent hardcover limit in Tier 1. The other issue relates to the average lakeshore setback. Since the property to the south is currently vacant, the house to the north defines the setback for the new house. The Planning Commission voted 3-2 to recommend approval. All five members stated they have no issue with the average lakeshore setback variance but two had an issue with the hardcover since this would be considered a clean slate. Gaffron indicated Staff has not drafted a resolution tonight but will do so based on Council's direction. Walsh noted what is allowed is 25 percent. Walsh asked if the extra 2.2 percent hardcover equals roughly 600 square feet. Gaffron indicated that is correct and that the applicants are proposing a reduction in hardcover from what currently exists. Printup asked for an explanation of a clean slate. Page 18 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH,1700 BOHN'S POINT ROAD -- VARIANCES (continued) Gaffron stated when a new house is being built, there is an opportunity for the applicant to remove and balance the hardcover so a variance is not required. Gaffron stated that could be accomplished in this case by making the house smaller or reducing the driveway. Printup asked if Staff alerted the builder about this clean slate concept. Gaffron stated the property owner was alerted at least once and possibly more than once that the hardcover variance would be difficult to get approval for. Levang stated the existing driveway is difficult, especially as you drive into the property, and that there is not a lot of room to maneuver and that they are not able to park a car in front of the garage. Gaffron displayed some aerial photographs of the lot and house. Gaffron noted the circle is a public road but the interior of the circle is privately owned by a number of the residents. The current driveway goes through an easement and then down past the vacant lot. Gaffron noted it is a very narrow corridor and there is no access from the existing driveway up to the higher narrow corridor. Once a person gets into the existing driveway, it is difficult to maneuver to get out. To address that situation, the applicants are proposing essentially a looped driveway. Levang stated when cars are parked on the circle, it makes it even more precarious to maneuver. Levang stated she understands the parking dilemma and that what is being asked for is reasonable given the lay of the land and the need for safety. Walsh stated it comes down to a practical difficulty and having people walking 50 yards in the wintertime or in inclement weather is an issue. Walsh stated the applicants want to make sure there is enough parking for guests and that he does not see an issue with the practical difficulty. Printup commented he is struggling with the clean slate concept and that the Council is concentrating on the driveway and not the house. Printup stated the Council has put people through the mill for less. Kathi Alexander, Alexander Design Group, distributed some photographs of the property. Alexander noted the third variance is being requested because this is a substandard lot for this zone. In comparison to the rest of the lots on Bohn's Point, this lot and one other lot are quite a bit smaller. Alexander indicated they did have a bit of a challenge with the lot in addition to some drainage issues and that they worked for several months on the design to deal with the drainage, the design, and access. Walsh stated at a normal house the property owners have room for someone to park in their driveway and that the proposed turnaround is the extra hardcover being requested. Walsh stated it does not appear the applicants added any extra hardcover to the house. Page 19 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH,1700 BOHN'S POINT ROAD — VARIANCES (continued) Kathi Alexander stated they did look at this lot as a clean slate but that those issues are why they are requesting the additional hardcover. Alexander noted there is also some hardcover down at the lakeshore that cannot be removed. Alexander indicated they did pull the house back behind the 75 -foot line, reduced the hardcover on the lot, and improved the drainage on the lot. The existing house is well into the 75 -foot zone and is over on hardcover, which is likely due to the driveway. Alexander noted they do have the support of both neighbors in writing. Peter Santrach, Applicant, stated the lot has presented a lot of challenges. Santrach stated if the lot were located on the street, there would be on -street parking available. Given the current layout, it requires someone to walk 50 -plus yards to get to the house. Santrach indicated they have older parents and it is a challenge for them and other older people to access the property. Santrach noted they also have issues with snow storage and that they need some additional room to turn around within the property. Santrach stated in his view they have made a lot of compromises by bringing the house out of the 75 -foot setback. In addition, there are some legacy items that they are not prepared to just go in and tear out due to the additional cost to remove it. Santrach stated on a clean slate, they could tear it all out and make something fit, but the legacy items are what attracted them to the property. Santrach noted this is one of the smallest properties on Bohn's Point and that they are talking about 600 feet. Without the proposed driveway, it would make it less desirable for guests and for them to get in and out on a daily basis. Alexander stated there is a lot of green space in the neighborhood and that their survey does list a portion of the green space within the circle. Alexander stated she realizes they cannot use that area, but if that is factored in, the hardcover would be below 25 percent. McMillan asked who owns and maintains that area. Santrach indicated it is shared and maintained by the 18 residents. Walsh noted the proposed turnaround area is 758 square feet. Santrach stated for them as a property owner, if they had sole ownership of the driveway, it would be an even bigger problem, but that it is shared access among three properties. Alexander stated it is an unusual property and that they have attempted to limit the hardcover as much as possible. Printup asked what the legacy pieces are. Mrs. Santrach indicated they are the retaining walls along the shoreline. Gaffron pointed out the retaining walls on the overhead. Page 20 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH,1700 BOHN'S POINT ROAD — VARIANCES (continued) Walsh moved, Cornick seconded, Application No. 16-3814, Alexander Design Group on behalf of Peter and Melissa Santrach, 1700 Bohn's Point Road, to direct Staff to draft an approval resolution granting an average setback variance and hardcover variance. VOTE: Ayes 5, Nays 0. (Recess taken from 9:24 p.m. to 9:28 p.m.) 15. #15-3784 TEXT AMENDMENT PERTAINING TO LIGHTING REGULATIONS, NUISANCES Barnhart stated the proposed text amendment consists of two separate ordinances. The first amendment establishes guidance and regulation for property owners throughout the City, with the goals of preserving a dark sky characteristic by minimizing light and glare onto adjacent parcels. The second text amendment establishes lighting that is measurable over 1.0 foot candle to be considered a nuisance. The Planning Commission and Staff have developed a comprehensive zoning code amendment that would establish standards for every lot in the City and a new ordinance that codifies changes to the nuisance standard. Any changes to Chapter 78 would grandfather existing fixtures that do not meet the requirements. These fixtures would be allowed to remain in perpetuity until they are removed or otherwise abandoned for six months or more. Barnhart stated Chapter 70 is critical in addressing ongoing issues with nuisance light. The Planning Commission has reviewed the ordinance and has recommended approval. The Planning Commission further directed Staff to inspect the lights at 375 North Shore Drive. Staff inspected the property on April 6. Staff observed that the light sources were visible, with the closest light being 40 feet away from the property line, but the highest light levels as measured at the property line were 0.1 foot- candle. Based on the draft nuisance ordinance, those lights would not be considered a nuisance. Barnhart stated while a visible light source can be annoying, enforceable nuisances should be measurable, and in that particular situation, adjusting the light angle would benefit the adjacent property owner. Barnhart noted light drops off very quickly from its source and most lights would not be considered a nuisance. Barnhart indicated the comprehensive lighting ordinance is based upon a model ordinance obtained from a city in Illinois. In Staff's view it seemed to be the most comprehensive without being too restrictive. Barnhart noted lighting is also very personal to property owners and helps with concerns relating to safety and security. Barnhart stated Staff is looking for feedback from the City Council. McMillan asked if the lack of shielding is the crux of the problem. Barnhart stated the majority of the complaints relate to the fact that they can see the light source. McMillan stated if the house is located up on a hill, the shielding will probably still not be adequate. Page 22 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 15. #15-3784 TEXT AMENDMENT PERTAINING TO LIGHTING REGULATIONS, NUISANCES (continued) Printup commented he was surprised this ranked number one or two on residents' concerns. Printup asked why this is ranked so high. Barnhart indicated he does not know why. Barnhart noted there is a provision for dark skies and that there are a number of residents who are interested in the preservation of that. In addition, some complaints have been received from a couple of residents about lights being a nuisance. Barnhart noted the Planning Commission has also been talking about a lighting ordinance that would recognize a nuisance. McMillan noted a lighting ordinance has been talked about on and off for the past ten years and that one of the desired characteristics of Orono is the dark skies. McMillan stated the City currently does not have a lighting ordinance and that Staff has put a lot of good thought and effort into this. McMillan stated in her view this is a good start. McMillan noted she has had citizens approach her and ask for a dark skies ordinance. When the City did their lighting at the city hall complex, the lighting was pointed more downward. The Council also directed that the Navarre streetlights be directed downward as much as possible. McMillan stated it is nice to have something that the Council can start with and that she would be willing to table it to allow the Council to give more thought to it. Cornick stated he understands the impetus for the ordinance was a dispute among neighbors. Cornick asked whether car headlights that shine into people's homes would also be covered under the nuisance portion. Barnhart stated the ordinance does not regulate automobile lighting or interior lighting. Barnhart indicated he can look at car headlights. Printup asked how this ordinance would be enforced. Barnhart stated it is hard for Staff to inspect things when it is dark out since they are not in the office at night. Barnhart stated there likely will be some equipment that will be necessary and that the police chief is looking into those costs. Barnhart stated the ordinance likely would need to be enforced by the police department. Walsh asked what the police department would do. Barnhart stated on the nuisance side, there needs to be measurable standards. The light would be measured at a height of 60 inches above the ground. If the light is above the 1 -foot candle, it would technically be a nuisance. Mattick stated it would be a misdemeanor criminal citation. Walsh commented a misdemeanor is pretty serious and that DWIs are charged as misdemeanors. Page 22 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 15. #15-3784 TEXT AMENDMENT PERTAINING TO LIGHTING REGULATIONS, NUISANCES (continued) Barnhart stated that is why Staff wanted to be careful on what would be a nuisance versus a violation. Printup asked what a full moon would measure at. Barnhart stated a full moon is very bright and to his recollection it registers at a .5. Mattick stated the ordinance is an attempt to create a measurable standard rather than someone simply saying that it annoys them since a measurable standard would be required for enforcement. Staff looked at a number of ordinances and standards to see how other cities have dealt with it. Mattick stated if there is someone who is found guilty of a nuisance, they would not have the right to maintain that light. Levang asked if there are any specific issues the Council should reflect on. Barnhart stated he would encourage the Council to use the light meter to gain a sense of what different light levels are. Walsh stated in his view the ordinance goes way overboard, is too general, and anyone would be able to poke a hole in it. Walsh stated there are a number of places in the ordinance that use the term, not limited to, as well as words like automatic dimming and necessary shielding, but that it is not clear what that means exactly. Walsh stated in his view it is way too much government overreach and that the ordinance should be limited to one page. Walsh stated he likes dark skies but that he is also concerned about security. Walsh stated as far as he is concerned, this issue would rank zero on a scale from 1 to 100. Walsh stated Staff has spent all this time coming up with seven pages of an ordinance that is so generic and so full of holes that they would not be able to enforce it if they wanted to. McMillan stated the ordinance is intended to be a guide for new homes and commercial properties. The ordinance contains certain regulations regarding downward lighting and shielding. Currently the City does not guidelines and that this is a way of formalizing or codifying some of what the Council and Staff are telling applicants now. Walsh asked what problem this ordinance is solving. :McMillan noted there are two different pieces to this and that the Council does not necessarily have to approve both. McMillan stated lighting can have a big impact on people and that this helps clarify the path someone should follow. McMillan noted Orono currently does not have a lighting ordinance. Walsh stated in his view the ordinance needs to be more specific and that what Staff is proposing is too overreaching. McMillan noted this is the Council's first review of the proposed ordinance and that the Council can table this item and review it later. Page 23 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 15. #15-3784 TEXT AMENDMENT PERTAINING TO LIGHTING REGULATIONS, NUISANCES (continued) Walsh stated it is important that the ordinance is able to be enforced. Mattick stated the nuisance portion is simpler and the zoning component is more complex. Mattick asked whether the Council would like to keep the two tied together when Staff brings it back before the Council or whether they would prefer to review them separately. Walsh stated the nuisance one is probably the more important one but that it needs to be more specific. Walsh stated as an example, the word glare should be defined. Barnhart stated defining something specific is the challenge and that Staff was not able to find a model ordinance that was more specific. Barnhart stated from a measuring standpoint, it is easier to define what that means. Barnhart indicated Staff looked at a number of ordinances and they usually did not go into a great deal amount of detail and dealt mostly with commercial or industrial. Barnhart stated there is no pressing need to pass it and that the Council can review it later. Cornick stated he would like the Council to deal with it as two separate issues. Mattick stated it would be easier to work with the nuisance portion fust. Levang asked City Attorney Mattick if he would ever recommend something that is indefensible. Mattick stated he would not, but that there are always issues that are not contemplated whenever new regulations are passed. Mattick stated in his view the nuisance section can be made to a defensible level. McMillan asked if there are examples of other cities using the 0.1 foot candle and having defended it in court. Mattick stated the citation could also be made a petty misdemeanor, which would carry a maximum fine of $300. Mattick indicated he was speaking with some people who do code enforcement of lighting and that one of the first things they need to do is to convince the judge that the equipment they are using is acceptable. Mattick stated to his knowledge no one has really gone to trial on this type of issue and that typically a letter is sent to the property owner and the person fixes it. Levang moved, Printup seconded, to table Application No. 15-3784, Text Amendment Pertaining to Lighting Regulations, Nuisances. VOTE: Ayes 5, Nays 0. 16. 915-3759 CITY OF ORONO TEXT AMENDMENT — SHORT-TERM (VACATION) RENTALS Barnhart noted the City Council reviewed this item last month and then directed Staff to research what other cities have done to address short-term rentals. Barnhart indicated he contacted ten area cities and only two have a vacation rental ordinance. Those findings are summarized in Staff's report. Greenwood recently established a 30 -day minimum standard. The majority of them are not specific to short-term rentals. Page 24 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 16. 415-3759 CITY OF ORONO TEXT AMENDMENT — SHORT-TERM (VACATION) RENTALS (continued) Barnhart indicated he has also been speaking with a property owner whose neighborhood has established as part of their homeowners association a 30 -day minimum, which is stricter than what the City is talking about. At this point Staff is looking for direction on the ordinance. Staff and the Planning Commission recommend approval of the ordinance as currently drafted. The ordinance establishes six different criteria that are primarily intended to provide some notification to the City when the property owner is renting so the City has some contact information on file and enable it to be more responsive to complaints. The Planning Commission reviewed a longer version of the draft ordinance that had approximately 14 criteria and they felt that some of them were redundant to other parts of the City Code and were eliminated. The draft ordinance would require the property owners who are engaging in short-term rentals to obtain a license from the City. Walsh asked if the City Attorney has looked into being able to enforce this and what the type of enforcement would be. Mattick indicated the courts have not set out anything that constitutes short-term rental, such as 30 days or 60 days, and has deferred to the legislative intent of the Council. Mattick stated as long as there is a rational basis for it, the courts have upheld the ordinances. Mattick stated as it relates to the enforcement mechanism, the City has a variety of options and the City can either enforce it criminally or civilly. A misdemeanor would be punishable by a $1,000 fine or up to 90 days in jail. Typically there is just a fine for first-time offenders. If it is a civil offense and the City prevails, the person would need to follow the judge's order or there will be a contempt proceeding. Mattick stated his experience with rental ordinances is that cities will usually go the criminal route since it can be issued very promptly and most landlords, generally speaking, do not want a criminal conviction on their record. A criminal action is also less expensive to bring. Walsh stated in his view it should be a petty misdemeanor rather than a misdemeanor since misdemeanors carry greater ramifications for someone later on. Mattick noted a petty misdemeanor is not technically considered a crime and would not show up on a background check. Printup asked what would happen if someone is renting for 30 days and the renters do not leave after that time. Barnhart stated the property owner would need to evict the renters. The draft ordinance defines a short- term rental as anything less than 30 days, which would require a license. Walsh stated the positive is more from a response issue if there are problems and that Staff or the police will be able to contact the owner. Walsh stated in his view the draft ordinance would not impact anybody that the City is currently aware of other than requiring them to obtain a license and provide some contact information. Page 25 of 32 MINUTES OF THE ORONO CITY COUNCII. MEETING Monday, April 11, 2016 7:00 o'clock p.m. 16. ##15-3759 CITY OF ORONO TEXT AMENDMENT — SHORT-TERM (VACATION) RENTALS (continued) Mayor McMillan asked if there are any public comments. Don Knutson, 3125 Lafayette Ridge Court, stated he commends the City Council for addressing this issue. Knutson stated in 2006, three percent of the population was known to rent their property, and in 2016 that number jumped to 29 percent based on a Harvard study. Knutson stated he is only asking the Council change the minimum amount of time to 30 days. Knutson noted the neighbors have their own families and that this does impact their lives. In addition, appraisers have told him that his property values will be diminished if the home next to his is being rented out. Knutson stated his homeowners association sent out a questionnaire simply asking if the residents approve the idea of renting out their home and the majority stated they are not in favor of it. Knutson reiterated the only issue they are asking the City Council to do is to raise the amount of time to 30 days. Knutson stated he has a couple of questions. Knutson asked if someone rents a home, would that make it commercial and would it need to be made code compliant. Knutson stated Orono is a leader and that he bought his house because it is a nice community_ A number of other communities are pushing it away and the rest are requiring a minimum of 30 days. The majority of the neighbors in the homeowners association said it should be a minimum of 60 to 90 days. Knutson stated the homeowners association drafted their own bylaws, which have to be signed by 75 percent of the neighbors to be approved, and they also state that a renter cannot sublet. Knutson stated there are a number of nice homes on the lake here in Orono and that sooner or later this will become a bigger issue. Jeannie Carter, 2780 Shadywood Road, stated she is here tonight because she does operate Airbnb out of their home. Carter stated in her view there is some confusion over what a short-term rental is and that she is here tonight to support the ordinance. Carter stated in her view a two-day minimum is perfect and that most people who operate Airbnb prefer a two-day stay because it is less work for them. Carter stated the reason she got into it is because she used to run a bed and breakfast in Excelsior. Carter stated the interesting thing is that 25 years ago some of the same concerns expressed about bed and breakfasts, such as crime, noise and traffic concerns, are also being brought up about short-term rentals. Carter noted that obviously has been disproved because there are now bed and breakfasts all over the world. Groups like Airbnb are a natural progression of that movement. Carter stated she looks at it as not having strangers coming into the community but for her to be a host and to welcome visitors to the community. Carter stated she would hate to see the City of Orono say, no, we don't want strangers coming here. Carter stated she enjoys meeting from different areas and that most of the guests are coming into the community because of a family event or a class reunion or to visit friends or family. Carter indicated she does not do it on a full-time basis and that she does not want a tenant or a roommate but rather simply a visitor on a short-term basis. Carter stated when you get into requiring things like a 30 -day minimum stay, you are getting a tenant and not a guest. Page 26 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 16. #15-3754 CITY OF ORONO TEXT AMENDMENT — SHORT-TERM (VACATION) RENTALS (continued) Carter stated most of the people who do short-term rentals are either on Airbnb or VRBO. Carter the majority of people on VRBO are vacation rentals by owner and they rent their home out for a weekend at a time. Airbnb tends to be for two or three days. Carter noted she does not want someone in her home for longer than four or five days at a time. Carter stated her neighbors know she does this and are supportive. Carter noted someone could live next door to someone with five teenagers and there could be issues with that. Carter stated typically she only has two people coming in at a time, the property is owner occupied, and that she is not looking for folks who want to come and party. Carter stated she is very selective about who she rents her home to. McMillan asked if she is ever not home when she has visitors in. Carter stated they are always there or available by phone. Carter stated the people tend to appreciate the fact that they are around. Carter noted she greets all her guests, show them around the house, and tell them a little about the area. Carter stated she has all five star reviews because she does a good job. Printup asked what her thoughts are about renting their home out when they are not home. Carter stated typically that happens when a home is being handled by a management home and that she personally is not aware of anyone who simply hands their keys over without someone being around. Carter stated that type of a situation is common in more recreational areas such as Cape Cod where there are absentee owners. Carter commented the longer someone stays, the more comfortable they get, which is when things start to slide with personal behavior. Someone staying for a couple of days tends to be on their best behavior. Cornick asked if she carries any special homeowners insurance. Carter stated they are completely covered by their homeowners insurance and she is not required to carry any extra insurance. In addition, Airbnb provides insurance, which would cover anything above and beyond what her personal homeowners insurance would cover. Carter stated her belief is that Airbnb's insurance is a $2 million policy. Cornick asked if she does any type of background check. Carter indicated she does not but that Airbnb does. The prospective renters have to provide their driver's license number, their license plate number, and Airbnb verifies their background. If someone does not pass those verifications, she will not accept their application. Carter stated she does not have to accept them and she can ask them specific questions prior to renting. Cornick asked if she requires a damage deposit. Carter indicated she does not since it would be covered under Airbnb and that the person also has the option to purchase insurance on their own through Airbnb. Carter stated to her knowledge most people go through Airbnb or another similar organization because otherwise it would require a lot of work by the homeowner to verify and arrange everything. Page 27 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 16. ##15-3754 CITY OF ORONO TEXT AMENDMENT — SHORT-TERM (VACATION) RENTALS (continued) Carter indicated she is totally fine with an ordinance requiring a license since it would add a little bit of legitimacy to the business. Carter noted the ordinance in Section 2, Item B, refers to obtaining a business license, but when she went on the City's website, she could not find any reference to a business license. Walsh noted it is brand new and not on the website. Carter stated she would be curious to know what the Council is thinking about a license fee. Carter indicated she sees the ordinance as being reasonable but would recommend not looking at a longer period of time. Cornick asked if she would be happy if the City of Orono banned rentals greater than five days and less than 30 days. Carter indicated she would be fine with it since it would not affect her but that it would impact everyone on Big Island that is renting their property out. Carter stated she is not sure why the City would put those parameters on. Carter stated most people rent their properties out depending on what they find works best for them. Printup asked if a business license would trigger an inspection and code issues. Barnhart indicated Staff approached the business license similar to a home occupation. The challenge is to determine who is running a home business but that those rules are already in place. Barnhart stated the idea with the business license is that the City would have an easier ability to respond to complaints. Barnhart stated if the Council is looking at going down the path of requiring licenses, the fee schedule would need to be amended. Barnhart noted the initial fee for a home occupation is $100 and the annual renewal is $30. Barnhart stated the idea is Staff can compare the renewal application with the history of the property and any complaints that have been filed. Barnhart stated if Staff ever gets to the point where they have to prove someone is renting, that is where it becomes a challenge. Printup asked whether this will lead to a discussion about longer-term rentals. Barnhart stated currently people can rent their homes out for any period of time and that in his view this draft ordinance will not lead to a discussion regarding long-term rentals. Barnhart stated some people are renting their home out for six months, a year or two years, and the City is not aware of it. Walsh stated they are strictly parceling out those rentals that are less than 30 days. Mattick stated if someone is going to rent their house for less than 30 days, the City wants to know about it and that these are the rules. McMillan asked what responsibility the City will assume by granting a business license. McMillan asked whether the City will have placed their stamp of approval on this type of business by granting a business license. Page 28 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. M. #15-3759 CITY OF ORONO TEXT AMENDMENT — SHORT-TERM (VACATION) RENTALS (continued) Mattick stated the City does not need to inspect the buildings or conduct background checks. The impetus behind the ordinance was that some lakeshore owners expressed concern about different people renting out a house in their neighborhood for a weekend at a time. If the home is not owner -occupied, the City wants to know who to contact in the event problems come up. Mattick stated the City can choose to place fixrther conditions on the property owner if it chooses. Mallick stated the question currently before the courts is what the City can inspect on a residential property. One of the arguments is that since there is not an open building permit, the City cannot require a lot of those updates. Walsh stated it is similar to a home occupation in that the City is not approving the business or the people who come to the home. Walsh stated it might be good to have some language in the ordinance that says the City is not endorsing this business or property. McMillan noted the neighbors will not have a lot of say in the business license process and that she will need to see the business license form to comment further. McMillan stated she also does not feel that someone should pay $50 simply to provide some contact information. McMillan stated when the owners are onsite, it typically is not a problem. Mattick stated as long as the person meets the criteria for the license, there is no opportunity for the neighbors to come in and comment on it. Mattick stated unless the person violates the terms of the license, there really is nothing the City can do. Walsh stated right now they can do anything they want. McMillan stated she is aware of some issues and that the letter the City sent last year helped to some extent but it did not solve everything. Walsh stated he is not aware of any huge problems. Barnhart stated the Council could elect to table it tonight and that Staff will continue to collect information over the summer. Barnhart stated if there are complaints, Staff could send another letter to the known properties. Barnhart stated the Council could perhaps look at it again in the fall. McMillan stated another article in the newsletter on short-term rentals would be helpful. Walsh stated having the discussion is helping to make people aware of the situation and the issues. Carter suggested the City keep statistics on short-term rentals and long-term rentals separate. McMillan stated she also would like to enclose a public notice in the newsletter if the Council has another public hearing on this item. Knutson noted the situation described by Jeanne Carter is not what he is talking about. Page 29 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. Levang moved, Walsh seconded, to table Application No. 15-3759, City of Orono Text Amendment, Short -Term (Vacation) Rentals. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh stated the Long Lake Fire Department's pancake breakfast was fabulous and well attended. Walsh stated he also attended the Orono Foundation for Education gala this weekend. The group has raised approximately $6 million for the school district. Walsh noted he is on the board for the ice arena and that there are four other fabulous board members. Walsh indicated his task was to get the advertising in order. Walsh reported the ice arena now has some new advertising up and that things are starting to take shape. Walsh stated the ice was also taken up for the first time in many years and improvements have been made. Levang stated the Heart Safe Program that is run by the Orono Police Department has trained approximately 900 kids at the Westonka schools and that they will also be putting on a program at the Orono schools. In addition, training was also provided to the Orono Golf Course staff. Mr. Steffanhagen, the golf course superintendent, has applied for a grant so the golf course can purchase an AED machine. Levang noted the latest issue of the City newsletter has been distributed and that the committee has received lots of wonderful feedback. Levang reported the Navarre Community Initiative is doing their best to clean up Navarre and that they have a couple of projects in mind. The committee has been moving forward with plans for the next fall festival. Printup stated this past Thursday at the Orono High School they held the Empty Bowls fundraiser, which was well attended. The National Take -Back Initiative is currently being planned and prescription drug drop-off sites will be available at City Hall and the Police Department. Printup noted the Council had a number of text reviews tonight and that the review process initially takes place at the Planning Commission. Printup stated he would make another request that their meetings be tape recorded. Levang indicated she is not in favor of that. McMillan stated that can be taken up in a work session. McMillan reported she attended the Highway 12 Safety Coalition meeting in Delano last week and that the bills are going through both the House and Senate. In addition, MN/DOT is just about finished on the plans for the concrete barrier and that the issues with the drainage have been resolved. McMillan indicated she also spoke with Hennepin County Commissioner Jan Callison this morning and that she thanked her on behalf of the City for putting the intersections of 15 and 19 in their capital budget for 2020. Page 30 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT Loftus noted the open book meeting with the Hennepin County assessors is scheduled for Wednesday, April 20 from 4:00 to 6:30. Loftus stated the meeting is an opportunity for residents to review their valuations and to ask questions. *17. GOLF COURSE DONATIONS — RESOLUTION NO. 6607 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6607, a Resolution Accepting Golf Course Donations. VOTE: Ayes 5, Nays 0. *18. HENNEPIN COUNTYXITY OF ORONO ELECTION EQUIPMENT LICENSE Levang moved, Cornick seconded, to approve the Hennepin County Election Equipment License. VOTE: Ayes 5, Nays 0. *19. PERMITS AND LICENSES — RESOLUTION NO. 6608 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6608, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono Baseball Association for a One -Day Gambling Activity. VOTE: Ayes 5, Nays 0. Garbage & Refuse Collector License 1. Veit Container Corp (DBA: Veit Disposal Systems) 14000 Veit Place Rogers, MN 55374 Levang moved, Cornick seconded, to approve the above -listed license. VOTE: Ayes 5, Nays 0. *20. CLAIMS/BELLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY REPORT Mattick stated he had nothing to report. CLOSED SESSION Levang moved, Printup seconded, to go into closed session as permitted by Minnesota Statute 13D.05.3(b) to discuss the purchase of property at 140 Hackberry Hili. VOTE: Ayes 5, Nays 0. (The City Council went into closed session from 11:10 p.m. to 11:35 p.m.) Page 31 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ADJOURNMENT ATTEST: T!iegs ! e , City Clerk Monday, April 11, 2016 7:00 o'clock p.m. �4&ljak&a, Lili Tod McMillan, Mayor Page 32 of 32