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HomeMy WebLinkAbout07-11-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 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. Consulting City Engineer David Martini was present. 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. 4, 5, 6, 8, 9, 10, 13, 14, 16, 17, 18, 21, and 23 were added to the Consent Agenda. Item No. 11 was withdrawn at the request of the applicant. Levang moved, Printup seconded, to approve the Consent Agenda as amended. Council Member Walsh noted the minutes for the Orono City Council meeting are 17 pages long and that the minutes for the Council work session consist of basically nothing. Walsh stated to his knowledge the City is required by state law to keep minutes of their meetings and that in his view it is wrong to have so few minutes for the work session. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING OF JUNE 27, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of June 27, 2016, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL WORK SESSION OF JUNE 27, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of June 27, 2016, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None Page 1 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT *4. 2016 ROAD MAINTENANCE CRACK SEALING Levang moved, Printup seconded, to authorize Allied Blacktop Company to complete the 2016 Street Maintenance crack sealing project for $35,842.22. VOTE: Ayes 5, Nays 0. *5. BROWN ROAD TRAIL REHABILITATION Levang moved, Printup seconded, to award the Brown Road Trail rehabilitation project to Bituminous Roadways for $35,650 and Advanced Wall Structures for $12,115, and to authorize Bolton and Menk to provide construction oversight services for an amount not to exceed $4,500. VOTE: Ayes 5, Nays 0. *6. STORMWATER POND ASSESSMENT Levang moved, Printup seconded, to authorize Bolton and Menk to complete the assessment of stormwater ponds in the Long Lake and Tanager Lake sub watersheds. VOTE: Ayes 5, Nays 0. 7. LURTON PARK a. 16-3832 CITY OF ORONO, 3580 WAYZATA BOULEVARD WEST, VARIANCES b. Lurton Off Leash Park Revised Design Community Development Director Barnhart stated the City of Orono is requesting a variance from the wetland and lake yard setbacks primarily on the east side of Lurton Park. The plan before Council has a blue line which reflects the first version of the plan that the City Council reviewed in May. In June, the Planning Commission reviewed a revised plan relocating the fence pulled back from the north property line, further away from the wetland and further away from Lake Classen. The Park Commission reviewed a further revised plan at their July meeting and they are in support of the latest plan that proposes to stay further away from the wetland, further away from the wetland buffer area on the west side, and modifies the small dog section. The Park Commission feels this plan attempts to address the issues that were raised during the City Council meeting as well as the Planning Commission meeting and still meets the goals of the City. Barnhart stated the most notable improvement to be made is the 47 -inch woven wire fence depicted by the blue line. The woven wire will blend in with the natural areas of the park and will have a minimal visual impact. The neighbors had expressed concern about the impact of the fence on the natural movement of the wildlife and the impact to their properties. As a result of those concerns, Staff pulled that fence back and it is now at least 35 feet away from the wetland in the northwest corner of the property. The hope is to maintain habitat for the wildlife in the area as well as wildlife movement through the park. The public comment that has been received to date is focused more on the use of the off -leash dog area versus the actual variance. Staff has completed an analysis of the practical difficulties and believe they can be satisfied. Those items are addressed in Staffs report. Barnhart stated there is both an on -leash dog area and an off -leash dog area being proposed. Page 2 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7;00 o'clock p.m. 7. LURTON PARK (continued) Barnhart stated he has noticed that there are some park users utilizing the park in an ort -leash area and that in Staffs view the variance is the minimal amount necessary to allow use by the public. Barnhart noted the Park Commission recommends approval of the plan, while the Planning Commission recommended denial of the variance. Walsh asked how the fence will work. Walsh stated it appears the fence will be stretched and in a straight line as much as possible. Walsh asked whether it will be necessary to cut swaths to erect the fence. Public Works Director/City Engineer Edwards stated the goal is to make as many straight lines as possible with the fence since any corners will add expense to the project. Walsh asked whether a swath will need to be cut. Edwards stated most fence contractors did say they could minimize the swath but that some areas will need to be cut so they can get access to the fence locations with something the size of a Gator or a skid steer in order to bring in materials. Walsh stated he wanted to make sure they are not going to cut an 8 or 10 -foot path. Edwards stated the goal is to maintain as much vegetation as possible. Edwards stated as it relates to Design No. 3, it has been overlaid with the current trail network, which is the reason for the location of the northern path. The orange line marks the woodchip trail, which will also provide access for installing the fence as well. The green line depicts a pretty well defined dirt trail and the red trail is a fairly well defined dirt trail. Edwards stated the other trails seem to be seasonal. During the Planning Commission meeting, there was some discussion about how someone could navigate the park without going inside the dog area, and if some of those trails are improved, there would be that opportunity available. Edwards noted the blue dots depict a gate. Walsh commented the park is a great asset for the community and that he has met with some of the Park Commissioners and walked through it with them as well as some of the neighbors. Walsh stated having the ability to have input has made all the difference in the world and that he would liken it almost to the Lakeview development and the public comment that was received on that application. Walsh commented everyone has compromised a little to make it work and that in his view, after walking the park, it is a great design. Walsh stated if he would make any changes to the plan, he would take the line and go from the one dot right straight over to the other dot. Walsh stated 130 feet is pretty close to one of the neighbor's house and that he would suggest straightening that line out rather than doing that little L or U. Edwards noted the Park Commission opted for the more northerly route in an attempt to maximum the wooded area for the off -leash area rather than a straight line between the two dots. Rick Meyers, Park Commission Chair, stated they wanted the fence further north because it provided' 8.1 acres for the off -leash area and 7.87 acres for the on -leash dog park. Meyers stated the Park Commission felt that was the best plan and that it would be up to the City Council if they want to change it. The Park Commission was more concerned about putting the drinking fountain and the picnic tables back in the plan. Page 3 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) Walsh stated he would echo that sentiment as well. Walsh noted the City Council removed the well and some other items at their April 25 meeting and that all of those things add up to probably $17,000 or $18,000. Walsh noted the City will be saving some money with fencing, and that if the City is going to do this, he would like to do it right the first time. Walsh stated he would rather finish the park and do it well and that he would be in support to include that back in the plan. Meyers stated if the fence is erected and the well is then added in later, the fence would need to be taken down and then put back up. Meyers stated it would not cost the City any more money by doing it right from the beginning and that he would like to move forward with the plan with the amenities added back in. Meyers noted the well would be located in the parking lot area. Edwards stated they do not know the exact location of the well at this time but that it would be located in an area where there is a transition from the on and off leash areas. Meyers stated one of the purposes of the park is to provide a socialization place for people as well as the dogs, which is why the shade structures and the picnic tables are desired. Meyers stated it would provide a place where people of all ages can gather. Council Member Cornick asked if there is any possibility to hook up to the City water line that is located on the other side of the road. Edwards indicated it would cost considerably more than a small residential sized well since the water line is located almost a quarter of a mile away. Cornick asked if the City has a plan for enforcement of the permits and other operational items. Edwards stated Staff started to draft some operation guidelines after the May meeting and the idea was that the seasonal parks employee would be utilized to help keep the park clean similar to the City's other parks. The original plan for the permitting process was that the parking lot would be a parking lot solely for the dog park, but with the revised plan, Staff will look at possibly having some on -leash and off -leash parking. Cornick asked if this is considered a 24-hour park. Edwards indicated it would follow the same hours as some of the other City parks, which would be either 8 a.m. to 10 p.m. or sunrise to sunset. Council Member Levang stated based on the comments that have been received, a good compromise with the neighbors has been reached. Levang stated the fence has been moved, an area has been created for people to walk that do not have a dog, and the small dog area has been relocated to a better space. In addition, the City has honored what the family has asked of the City. Levang stated in her view what has been accomplished in the end is the best and provides the highest use for the park. Levang stated what she means by that is allowing the park land to get more use in accordance with the wishes of the Lurton family. Page 4 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) Levang stated the City could perhaps compromise on the fence line that Council Member Walsh commented on and still be true to what a dog park is. Levang noted the wetlands are being protected and that there will be plenty of area for people to bike over and walk who do not have dogs. Levang stated all of those revisions have resulted in a good plan and that she is hopeful the Council and neighbors can compromise tonight and do what is best for everyone. McMillan stated she has given this a lot of thought and that she appreciates the comments of the neighbors. McMillan stated in her view the park design has gone in a better direction. McMillan stated after reading the Planning Commission comments, she totally understands why they voted 5-0 against the variance and that she feels the same way about the fence variance. McMillan stated she does not feel the fence should be located in the 150 -foot setback area at all and that the off -leash area would still be big enough if the fence is moved out of that area. McMillan stated since one of the goals is to provide an opportunity for socialization, she does not feel the off -leash area has to be located too much in the woods and that the main area can be designed without being located in the setbacks. McMillan stated the second comment she has relates to the small dog area and that the City should get a wetland delineation for that area. McMillan noted the City Council started talking a little bit about operations back in May and that she believes it is important for the neighborhood to understand what the operations are for the dog park. McMillan noted more work will need to be done on outlining the operations of the park and that she would like to see something on paper regarding the purchase of passes, whether there will be a limit on the passes, and hours of the park before the City spends more money on the park so it is clear for everyone. McMillan stated she would also like Staff to check with Prairie Restorations about how to best manage the prairie if it is being used for a dog park and that she would like to see some coordination with them since there has been a good investment in the prairie. McMillan stated she appreciate the neighbors' comments on this application. McMillan stated whenever she sees a situation like this where the neighbors are caught off guard, the only thing she can do is to question how the City can do a better job of notifying the impacted landowners. McMillan stated she would like the Park Commission to have a policy that whenever there is a major revision to a park being proposed, the City will send out postcards to the neighborhood to notify them of what proposed improvements are being contemplated as well as hold a public hearing on the proposed improvements. Walsh stated when there was the original vote on the application, he felt there needed to be a time out due to some unanswered questions. Walsh stated getting all the logistics down is important and that he was not sure if 5 -foot or 10 -foot swaths would be necessary for the fence and some of the other logistics. Cornick asked if there are any dog parks that have invisible fencing Edwards indicated he is not aware of any. Levang noted they would also require a special collar, which some dogs would not have Edwards stated the invisible fence would also require the dogs to be trained. Page 5 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) McMillan asked if there is any public comment related to this application Dianna Milianta, 3515 Sixth Avenue North, stated she would like to thank the City Council for taking the neighbors' comments into consideration on this application. Milianta stated the current most northern part of the fence is really only 25 paces fi-om their property line and that the 145 feet will be for the other properties that also have a nice 20 -foot buffer. Milianta stated some of the negative impacts to their property include lower property values, impacts to someone wanting to have horses on their property, and the impact it has on the horses. Milianta stated the park users will have a close a view of their residence and that it will ruin the remote country feeling they currently enjoy. Milianta displayed a picture of their horse barn and noted they also raise some chickens. Milianta noted the blue line is the proposed fence and the red line is what they would propose for the fence. Milianta stated the red line would bring the northern fence south approximately 70 feet and that the fence could extend farther east on level ground toward the lake. Milianta indicated their proposed location takes the fence through a clearing and would be easier to install, which would also lower the cost of the fence. Milianta stated it would also have a positive impact on their property by creating an equal buffer similar to the other residences. Milianta displayed a series of photographs taken in various locations along the blue fence line and the proposed red fence line. Pearson noted if the fence is relocated slightly in that area, no trees would need to be cut at all and some of the other locations would only require mowing or the removal of dead trees, which could then be used fox wood chips. Star is a big dead tree. Pearson stated the proposed northeast corner of the fence could be extended east about 30 feet. Pearson stated relocating the fence would allow for a remote, country feeling for dog park users and would still allow a pathway for wildlife to travel east/west on the north side of the site. Milianta recommended the gates be auto closing and auto latching to protect both the dogs and people in the area. Milianta stated her husband would also be happy to work with the Park Commission to help route the fence. Milianta stated if the Council is not willing to accept their proposal, they would request that a privacy fence be installed to help protect the neighborhood and the dog park users. Laurel MacLachlan, 3565 Sixth Avenue North, stated she would like to see the fence in the location proposed by Dianne. MacLachlan stated her understanding is when they pull the fence, they use an 8 -foot wide corridor to pull the fence and that she is not sure they will have enough room with where it is currently located. Walsh noted he did talk about that before she arrived and that they will be using a skid loader to haul materials in and that the contractor would not need to create that whole swath. MacLachlan stated in her view the City has made some improvements to the plan but that she would propose the fence location proposed by Dianne. Page 6 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) Tom Sawyer, 3405 County Road 6, stated he is here in support of his neighbors' request for a larger setback since they will be living with the dog park 2417. Sawyer commented he is a dog owner and that he uses the dog park by Lake of the Isles, which is much smaller and has a more intense use than this one will have. Sawyer stated users of the park will likely not notice there is less space but the neighbors will and that he is asking the Council to honor their request. Sawyer stated one of his concerns relates to hours of operation and that there will be some barking and other noises created, such as from owners calling their dogs. Sawyer indicated he goes to bed early and that he would like some assurance that there will not be any noise from the park after 9 p.m. Sawyer stated the other issue is potential lighting and that he would prefer that not happen. Sawyer noted he did not hear anything of that nature discussed so far. Sawyer stated it appears to be a good plan but that he does not see the need for forcing the dog park up towards someone's property line when it can easily be moved back without any expense to the City or the users of the park. Sawyer stated in his view it would be the right thing to do. John Thiesse, Planning Commission Chair, noted this application was before the Planning Commission at their June meeting and that at no time during their discussion was it their intent to disparage the Park Commission. Thiesse stated he would like to thank and commend them for their work on behalf of the City. Meyers stated he would like to get the dog park built, and that if moving the northern border makes people happy, in his view that can happen. Meyers stated pushing the fence further west would also shrink the dog park down. Meyers asked if the Mayor is proposing to move the fence back behind the purple line. McMillan stated that is correct. Edwards pointed out the 150 -foot setback is measured from the ordinary high water level and not necessarily where the water is. Edwards indicated the actual shoreline is another 300 to 400 feet from that. McMillan noted Lake Classen is considered an environmental lake, which is the reason for the larger setback. Meyers noted this will be a fence and not a structure within the setback and that if the City can grant the variance, it would be a good compromise. McMillan asked how the Park Commission would feel about putting together some operational details. Meyers indicated he is fine with that. Meyers stated the Park Commission has a workshop coming up in August and that they could add that to the agenda. McMillan stated she would like to see something in writing for how things are envisioned to happen in the future such as hours of operation, lighting, etc. Page 7 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) Meyers asked if the City Council can vote on where the fence will be located. McMillan stated she has the impression that the neighbors would like to get more details about how the park will operate and that she would like to do that before spending more money on the park. Meyers stated the Park Commission can do that and that this park is being modeled after Three Rivers' dog parks. Walsh stated he can see the motion being subject to certain things, and that once those items are done, the whole project will be put together and the City can proceed forward with the project. Meyers stated he would also like to see the other items added back into the plan. Council Member Printup asked how long it would take to clear the swath and erect the fence. Edwards indicated it will take a couple of weeks to solicit bids, which would need to come back to the Council probably at their first meeting in August. Edwards noted the original guidance received from the Council was that the Park Commission would only consider design of the park and not the rules. McMillan stated she would like to see the Park Commission's comments on the operation of the park and that the Council's discussion related more to the passes and how that would be handled administratively. Edwards noted everything was modeled after the existing park rules, with some additional rules being added in that are specific to dogs. McMillan stated she personally would like the Park Commission to put some time and thought into the operation of the park. Walsh stated from a timing perspective, this application might not be back before the City Council until September and that the ground could freeze and the contractor may not be able to get it in until next spring. Meyers stated he would like to have a vote on the location of the fence and then add the contingencies later, McMillan stated the Council can vote on the variance and then the exact location of the fence can be determined. Edwards stated what he needs in order to go out for bids is approval from the Council on the location of the fence. Edwards noted there was also a question about variances with the small dog area. Edwards stated there is an existing fence in that area that they are proposing be rebuilt. McMillan asked if there is a wetland where it says small dog on the map. Edwards indicated it is all woods currently and that it is his belief the wetland extended into that area prior to the highway being built. Page 8 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) Cornick asked how difficult it is to run power there. Edwards stated the power lines run in the county right-of-way and that they could use that if necessary. Edwards noted the initial quote was for a hand -pump well and would not require power. Edwards stated they could also put a solar device on the pump as well. Bryce Johnson, Park Commissioner, stated he was part of the subcommittee that led the study of the dog park prior to the offer by the Lurton family. Johnson stated the subcommittee that did that work and studied the dog parks really felt the amenities that come with the dog park are important and were not related just to the fence. Johnson stated what they found in their analysis of dog parks is that socialization is important for the dogs and leads to the socialization of people, which is good for the community. Johnson stated given the anticipated savings on the fence, now would be a really good opportunity to add the two sail structures back in to provide shade as well as the additional bench and table in the small dog park. Johnson indicated he would not have a problem with moving the fence and that the main reason for the size of off -leash area was out of deference to the Lurton family. Levang indicated she is in favor of approving the fence with the other elements to make it a complete dog park. Printup stated he is in favor of making the northern line straight as well as adding back in the other elements to the park. Dianna Milianta noted there appear to be differences between their measurements and the City's measurement. Milianta asked if there is a survey so the measurements can be verified and whether the neighbors could be notified when the fence location is staked. McMillan indicated there will be some survey markers placed MacLachlan noted they are also neighbors to the gun club and that they would appreciate anything the Council can do to not have that go beyond sunset would be appreciated. Levang commented that seems reasonable and that the intent is not to disturb the neighbors. Levang stated moving the fence line will help with the noise. Walsh moved, Cornick seconded, Application No. 16-3832, City of Orono, 3580 Wayzata Boulevard West, to direct Staff to draft a resolution granting a variance to the wetland and lake yard setback. McMillan noted she will not be voting in favor of the variance but that she is in favor of the dog park. Walsh stated he would also be making a motion to relocate the fence line and adding some of the amenity items back in, with the Park Commission working on some operational guidelines for the park. McMillan stated she would like to see the area delineated so the City knows whether a variance is required for the small dog park area. Page 9 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) VOTE ON THE ABOVE MOTION: Ayes 4, Nays 1, McMillan Opposed. Walsh moved, Printup seconded, to adjust the blue fence line to go straight across, with the approval of the entire dog park being subject to the City developing a full set of rules and regulations for the park, and adding back in the well, the day fee box and sign, the bench, picnic table and shade structures that were taken out of the plan at the April meeting; subject to the neighbors being notified of the survey; and subject to a delineation of the wetland being completed. Levang asked if Council Member Walsh is now agreeing that a delineation is needed for the small dog park area. Walsh stated in his view it would be good to get that done since it appears a portion of the area has been filled and that a wetland delineation will not take that long. Edwards stated the only issue is that the Council would need to authorize Staff to engage with the consulting engineering firm to have the delineation done, with the estimated cost being $7,000 to $9,000. Walsh stated he would add that to his motion. Walsh moved, Printup seconded, to amend his motion to direct Staff to work with the City's consulting engineer on the wetland delineation at an anticipated cost of $7,000 to $9,000. Levang commented it was news to her that some of the area has been filled, which does call for a different approach. McMillan asked if Council Member Walsh is talking about the same line as what the neighbors proposed. Walsh indicated it is. McMillan stated the revised cost estimate could come back before the Council in August. Edwards stated in Part B of the application there is a revised project estimate, which has the estimate for all those items being added back in except for the day pass box. Edwards noted the Council was not interested in a day pass option so that was taken out. McMillan stated it goes more to the operation of the park and that there are pros and cons to a daily pass. McMillan stated the Park Commission and Council may want to discuss that further and that the real concern is about how the park may be used. McMillan noted random daily passes would make the dog park more difficult to maintain and enforce and would need to be reviewed as part of the operational piece. McMillan stated the delineation would need to be approved tonight. Walsh stated that is within his motion. McMillan asked if Council Member Walsh envisions any changes depending on the delineation. Page 10 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 7. LURTON PARK (continued) Walsh stated he did not see any issues walking the park but that he would need more information on whether the line needs to be adjusted based on the delineation. McMillan noted when the variance was approved, the line on the map was approved, and that she is wondering whether spending the money on the delineation makes sense. Walsh stated he is attempting to move the process forward. Walsh noted the Council will still have to approve the rules and regulations for the park and approve the budget. McMillan asked if Council Member Walsh would like the delineation done before the facts and findings are completed for the resolution. Walsh stated all those things will have to be done before a final vote. McMillan stated the variance can come back before that unless he would like it held back. Walsh recommended the Council hold off on approving the resolution until all the pieces are together. City Attorney Mattick stated the variance allows the City to build up to a certain point and that they can back off of that. Walsh stated that can be adjusted and that he is only talking about the small dog park area for the delineation. Walsh stated it is a starting point so everyone knows where the City is going and that the Park Commission also has to meet to talk about the rules and regulations. MOTION: Walsh moved, Printup seconded, to adjust the blue fence line to go straight across, with the approval of the entire dog park being subject to the City developing a full set of rules and regulations for the park; adding back in the well, the day fee box and sign, the bench, picnic table and shade structures that were taken out of the plan at the April meeting; subject to the neighbors being notified of the survey; and subject to a delineation of the wetland being completed, with Staff being directed to work with the City's Consulting Engineer on the wetland delineation at an anticipated cost of $7;000 to $9,000. VOTE: Ayes 5, Nays 0 *8. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION — PAY REQUEST NO.4 — FINAL Levang moved, Printup seconded, to approve Pay Request No. 4, Final, to Bituminous Roadways in the amount of $31,669.63 for the Watertown Road and Stubbs Bay Road rehabilitation project. VOTE: Ayes 5, Nays 0. *9. WATERTOWN ROAD PHASE 2 REHABILITATION — PAY REQUEST NO. 1 Levang moved, Printup seconded, to approve Pay Request No.1 to Valley Paving in the amount of $245,751.87 for the Watertown Road Phase 2 rehabilitation project. VOTE: Ayes 5, Nays 0. Page 11 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. PUBLIC SAFETY REPORT *10. DISPOSAL OF FORFEITED VEHICLES Levang moved, Printup seconded, to authorize the disposal of the following vehicles: 2000 Oldsmobile Bravada, VIN#1GHDT13WOY2213443; a 1999 Honda CRV, VIN#HLRD1860XC018973; a 1998 Toyota Rav4, VIN#JT3GP10V8W7028483; a 2001 MZ Motorcycle (Scooter), VIN#RFTJP50AX1L000026, through the Auto Auction. VOTE: Ayes 5, Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT, CONTINUED: Edwards reported on the following work performed by the Public Works Department: • Pothole filling has been completed on Northern Avenue, Fox Street, and Dickenson Street • Right -of -Way mowing has been completed Culverts have been replaced on Leaf Street and Ferndale • Culvert and shoulder repairs have been done on Spring Hill Sewer repair was completed on Willow Drive South • Water stub break repairs have been completed • Aquatic weed removal has been initiated at three of the City's beaches The Lurton parking lot expansion completed • School traffic study has been completed for Old Crystal Bay Road Recommended turn lane to northern high school entrance. The estimate to construct the turn lane is approximately $68,000, with the City contributing $25,000 and the school managing the project in conjunction with other internal improvements McMillan asked how the Pavement Management Fund is. Edwards displayed a breakdown of the pavement fund. Edwards noted the fund had a beginning balance of $683,000 and that the approved work will bring that balance down to $332,896. Walsh asked if the MSA fiend is lumped in there as well. Edwards indicated it is not and that he can provide that update later. McMillan asked if he is anticipating any seal coating this year. Edwards stated it was his understanding the City Council did not want to move forward with that for this year. 2016 deferred item include a mill and overlay on Casco Circle, seal coating, and reconstruction of West Lafayette. Page 12 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT --- JOHN THIESSE, REPRESENTATIVE 11. #15-3763a CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH, REVISED PRELIMINARY PLAT This item was removed at the request of the Applicant. 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW Senior Planner Gaffron noted the City Council reviewed this proposed subdivision on May 9 and tabled the application pending Staff discussions with the Metropolitan Council regarding the density issue and a meeting between the developer and Hennepin County regarding access to Wayzata Boulevard. Pursuant to that direction, Staff conferred with Metropolitan Council staff and reported to the City Council at its June 27 meeting that an understanding of how Metropolitan Council calculates density has been gained. The Fire Chief also reviewed the plan and commented that a hammerhead or T configuration would be preferred. Hennepin County has also reviewed the plan and will be requiring some turn lanes and approving the westerly access but not the second easterly access at this time. Due to the lack of a second access point, if a fire occurred in the middle of the development, it would be difficult for the residents to get through. The City Council should discuss the following items: 1. The Conservation Design Master Plan is lacking certain detailed information which will be necessary to have flushed out before fatal plat approval. 2. Council to confirm acceptance of "average" FAR of 0.782 and how or whether to define for individual lots. 3. Confirm Council acceptance of average hardcover of 35 percent. Some lots will be over the 50 percent RPLTalimit. 4. Street widths, private versus public, acceptance of T configuration. 5. Confirm acceptance of no trail easement along Wayzata Boulevard. 6. Review stormwater fee calculation method. Based on the County comments indicating that a single access point will be allowed, the applicants should provide a revised set of plans showing the hammerhead configuration and any other aspects of the preliminary plat that will change as a result. McMillan asked if the emergency access point on the T can be made attractive. Page 13 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Gaffron stated at.the end of the cul-de-sac on Kelly Parkway, east of the main access to Stone Bay, the emergency access point consists of a grassy area with a grid underneath that allows fire trucks to drive over. Gaffron stated it would be possible to do something similar in this situation and that there would not be a need to erect posts or a barricade in that area. Walsh asked what would happen if something like that is not there and the fire chief says that is not going to work. Gaffron stated if there is no emergency access, he is not sure what the answer would be. Gaffron stated if Hennepin County is only going to allow the one access point, if something happens and those people cannot get out, they cannot get out, and that he does not know what the answer is. Gaffron stated it appears the County will not allow a second access until that other area is developed. The proposed cul- de-sac 3 and 2 road is between 600 to 800 in length. Gaffron noted the Stone Bay development has long cul-de-sacs with loops and that there are other long cul-de-sacs in the City where the same issue could happen. Gaffron noted this development will also have city sewer and water and that there will be fire hydrants located throughout the development. Printup asked whether the safety access, if built, could ever be turned into a permanent access. Gaffron stated it is not impossible but that a variety of changes might need to be done to address sightline issues. McMillan commented the residents that live near there would also likely not want the road to become a through road. McMillan asked what Outlot C is for. Gaffron stated one of the RPLJD requirements is that the developer donate 10 percent of its land area as a private park, which is what Outlot C is for. The developer will also be providing a trail that goes around the perimeter of the landfill on the high land. The Planning Commission and Park Commission felt that the trail was more than adequate and did not recommend a land donation in place of a park dedication fee. Gaffron stated if the City Council is comfortable with the .782 floor area ratio on average, that would be fine and that he would prefer not to have to determine the FAR for each individual lot. Walsh commented he is comfortable with the average. McMillan asked if the developer is held to a certain design. Gaffron stated he has a bit of a concern that there will be multiple builders. Gaffron stated if they get to the point where there are builders who want to do something different than the proposed plan, there will likely be issues. Gaffron stated he would like to avoid what happened with Stone Bay and the necessity of re-educating the different builders on what is required and critical. Page 14 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Walsh stated the City Council will need to define what all those points are since it will be difficult to hold someone to a specific design. Mattick stated the City Council typically has not gone down that road on residential developments but that there needs to be a reasonable rational why it needs to be one thing versus something else. Gaffron stated in the development agreement and resolution the Council could give Staff some latitude to bring certain designs to the City Council but that it is pretty subjective. Mattick stated it would put the City Council in the position of approving a building permit, which is not something they typically would do. Mattick noted the City would not be a party to the homeowners association, which is where those. guidelines would typically be. McMillan stated she is more looking at quality control as far as materials rather than architectural control. Walsh stated the developer could require certain building standards be met. McMillan stated if the City is giving some leeway on the FAR, she would like to make sure the development is being done well. Gaffron stated the Council will need to decide whether a trail easement should be given. Gaffron noted the developer earlier said there would be impacts to their landscaping if the trail easement is required. Gaffron stated if there is a trail easement, it would push the landscaping back ten feet and the back yards would become smaller. Printup stated he would like to get the easement in case it is ever needed in the future and that he is not opposed to the developer putting landscaping on the trail easement until that easement is required. Levang commented it ends up being a trail to nowhere since it cannot be extended past the property. Printup stated there is also a really great park not far from this property. Gaffron indicated the resolution does contain some language regarding the trail easement and that the Council will need to decide whether an easement will be required. Levang stated the City cannot encourage people to cross the highway to use the park. Walsh commented it would be nice to see the delineation of the county right-of-way to see whether a trail could go in there. Levang stated she would hate to take land from the back yards of those properties that are against the highway. McMillan stated an easement is an easement and would be on the record regardless if there is landscaping in that area. Page 15 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Curt Fretham, Lakewest, LLC, stated one of the points in the discussion tonight that caught his attention was the design standards. Fretham stated in his view they felt they needed to put some house plans together so that people would be able to understand the homes would fit and that they can put together some written design standards that will address the Council's concern. Fretham stated they could include some requirements that different architectural elements be incorporated on the homes so that two homes that are the same are not next to each other. Fretham indicated he would prefer not to provide a trail easement but that he would provide it with the idea that they can landscape on it. Fretham stated he understands the risk that could happen should the easement ever be needed and that the homeowners will also tend to take ownership of that area. Walsh asked if the FAR works for them. Fretham indicated it does and that in his view the house pads they provided are realistic. Gaffron stated due to the Z-shaped lots and the fact that there are driveways next to one another, the lots are pretty well defined and do not have much room to do anything different. Walsh asked how much the lots will sell for. Fretham stated the packages will be $600,000 plus. Gaffron asked if David Weekly Homes is still involved in the project. Fretham indicated he told them he had to receive preliminary plat approval before reaching any other agreements. Gaffron asked whether they will be able to create the revised plans in a couple of weeks. Marty Campion stated that is realistic and that the revisions are relatively minor at this stage. Gaffron asked whether they will be able to have a 50 -foot corridor. Campion stated he would like to make the north/south road a public road 32 feet in width within a 50 -foot corridor. Campion indicated they would also need some relief from the setback requirements. Gaffron stated at this point the road is depicted as being 28 feet wide within a 40 -foot corridor. For Lots 1, 2, and 3, there will be another 20 feet from the right-of-way line to the house. That will allow minimal but adequate parking to park two vehicles in front of the garage. Campion stated he would like to have a setback off of the curb so a full-sized vehicle or a pickup truck could be parked in the driveway. McMillan asked if the intent is for the north/south road to someday become private. McMillan noted the cast/west road is private. Page 16 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 12. #16-3822 LAKEWEST, LLC, 3245 WAYZATA BOULEVARD WEST, PRELIMINARY PLAT REVIEW (continued) Campion stated it will remain private until the property to the south develops and then it becomes public. Levang stated she is more agreeable to that. Walsh stated the road would have to be up to city standards at that time. Campion stated both roads will be constructed to city standards, with the other road being wider within a wider corridor. The pavement on the public road will be 32 feet wide where the private pavement will be 28. McMillan asked if the parking bays will be included in the homeowners association. Campion indicated they will be. It was the consensus of the City Council to request a 10 -foot trail easement and to include the buffer areas in the calculation of the stormwater fees. Campion stated they are accepting of the trail easement but that there should be an understanding that once they are west of the west access, the guardrail is right at the edge of the turn lane and there will not be any flat area to extend the trail beyond the west entrance. Campion noted once you get east of the east entrance, there is an existing guardrail at the wetland, which would also make it difficult to extend any trail. Levang moved, Walsh seconded, to direct Staff to draft a resolution granting preliminary plat approval for Application No. 16-3822 Lakewest, LLC, 3245 Wayzata Boulevard West, requiring a 10 -foot trail easement and incorporating the other points that Mr. Gaffron has outlined. VOTE: Ayes 5, Nays 0. (A recess was taken) X1.3. #16-3834 NED AND MICHELLE DAU AND NORTHGATE TWO HOA, 220 NORTHGATE ROAD AND OUTLOT C NORTHGATE TWO, LOT LINE REARRANGEMENT, VARIANCE AND EASEMENT VACATION — RESOLUTION NOS. 6641, 6642, 6643 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6641, a Resolution Approving a Subdivision of a Lot Line Rearrangement at 220 Northgate Road and Outlot C, Northgate Two, File No. 16-3834. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6642 , a Resolution Granting a Variance to Municipal Zoning Code Section 78-1403 for Property Located at 220 Northgate Road, File No. 16-3834. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6643, a Resolution Vacating an Open Space Easement Within Outlot C, Northgate Two, Hennepin County, Minnesota, File No. 16- 3834. VOTE: Ayes 5, Nays 0. Page 17 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. *14. #16-3836 RICK ANDERSON AND DAVID LIND, 3585 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT AND HOLDING TANK APPROVAL — RESOLUTION NO. 6644 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6644, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-418(6) and 78-1437, and Approving Use of a Holding Tank per Municipal Code Section 58-51 for File No. 16-3836. VOTE: Ayes 5, Nays 0. 15. #16-3840 CITY OF ORONO, TEXT AMENDMENT: TEMPORARY FAMILY HEALTH CARE DWELLINGS — ORDINANCE NO. 175 Barnhart stated the ordinance before the City Council opts the City of Orono out fi•om recently passed legislation pertaining to temporary daily health care units. The statute allows property owners to place a temporary trailer on the property so they may provide health care to users for up to 12 months. The statute also imposes several conditions, including that the structure be connected to electricity and water via the main home and that all local ordinances are followed. Since city ordinances currently prohibit dwellings in trailers or accessory structures, the ordinance before the Council this evening restates the prohibition. Printup moved, Levang seconded, to adopt ORDINANCE NO.175, Third Series, an Ordinance Amending the Code of Ordinances Pertaining to Dwellings in Accessory Structures and Temporary Family Health Care Dwellings. VOTE: Ayes 5, Nays 0. *16. #16-3838 AL MUSECH ON BEHALF OF THOM AND LAURA CLAPP, 215 HOLLANDER ROAD, EASEMENT VACATION — RESOLUTION NO. 6645 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6645, a Resolution Vacating Drainage and Utility Easement Over Parts of Lots 3 and 4, Holly Acres 2' Addition, for File No. 16-3838. VOTE: Ayes 5, Nays 0. *17. #16-3833 JOHN AND CYNDY BOWLSBY, 1025 SPRING HILL ROAD, VARIANCES — RESOLUTION NO. 6646 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6646, a Resolution Granting Setback Variances from Orono Municipal Code Section 78-1279, for the Property Located at 1025 Spring Hill Road, File No. 16-3833. VOTE: Ayes 5, Nays 0. *18. #16-3835 MICHAEL GALLUS CONSTRUCTION ON BEHALF OF GUY MILLIREN, 1991 AGERNESS POINT ROAD, VARIANCES — RESOLUTION NO. 6647 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6647, a Resolution Approving Variances from Municipal Zoning Code Sections 78-350 and 78-1279 for the Property Located at 1991 Fagerness Point Road, File No. 16-3835. VOTE: Ayes 5, Nays 0. Page 18 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 19. #16-3837 JOHN BRUNELLO, LLC, 570 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6648 Levang asked what the proposed setbacks are for this application. Barnhart displayed the applicant's proposal on the overhead and noted the proposed site plan is 17 feet on the north side and 15 feet from the south side lot line. Setbacks of 30 feet are required. Levang asked whether there can be some compromise and have 17 feet on each side rather than 15 feet on the one side. Levang stated this would be the back yard to the 1390 house and that it would give a little more privacy. Levang noted the adjoining lot is for sale, which means that house could also be developed at some point. McMillan noted just because there is vegetation today between the two properties does not mean there will be vegetation there ten years from now. McMillan indicated she is very concerned about using something that is nonpermanent as a reason to allow a setback variance. Barnhart stated he included that as a separate item and that when the Council grants a variance, they must use caution. Barnhart noted the resolution contains other reasons for granting it, and if the Council is concerned about the screening, they can state that for the resolution. McMillan stated they cannot guarantee there will be a buffer there and that it should not be up to the other property owner to plant a buffer. Gaffron noted Page 3, Item 3a states "The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of portions of the proposed home within the 30 -foot side setback area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from the adjacent neighbors." Levang stated that goes to the issue with the back yard. John Brunello, Applicant, stated the main reason why the buffer zone works for the house next door is the area to the north of the existing house is a very deep gully. Brunello indicated he is not sure if that shows up on the topographical map. Once that lot sells, the owner will not be able to build in that area since it is very low there and it acts as a runoff area with a culvert in that area. Brunello stated it is very unlikely they will build that far to the north. Brunello stated when the house for this lot was designed, they ran into the situation where they were trying to squeeze a lot into the plan and that the two feet makes a lot of difference in the house. Brunello noted only a screened -in porch is in that area and not the main portion of the house. Walsh stated he can see both sides of the argument but that they could move the sunroom forward and go the other direction with it. Walsh noted it would not be necessary to move the whole house. Brunello stated it will require a redesign and will delay permitting. Brunello stated they have already worked with the plan a lot to get it to where it is and that they would not have asked for the variance if they did not think they needed it. Page 19 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 19. #16-3837 JOHN BRUNELLO, LLC, 570 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6648 (continued) McMillan asked if it would require a major redesign to move the sunroom two feet. Brunello stated the views on the house are more to the west and the south. Levang noted the Council would only be approving the footprint tonight and that they could make changes to it later. Brunello stated that is the plan they are requesting a building permit on. Levang stated they could still change it after the Council approves it tonight. Walsh stated it could be adjusted by removing one of the windows and moving the wall. Brunello stated that would result in a long wall, which is unattractive. Levang stated he cannot guarantee that they will not change it later. Brunello stated as a builder he would prefer to just get a footprint approved since it would be cheaper but that the City of Orono requires someone to basically design a house within that footprint. Brunello stated this is the house plan they will be requesting a building permit on. Levang noted he has made changes to the original plan for the house on 190 and that he cannot guarantee that this house will be built. Levang stated she is saying that she would like to see the setbacks at 17 feet on both sides to protect the neighbor. McMillan stated the City Council attempts to reduce encroachments into the side setback as much as possible, especially when there is a clean slate. McMillan stated she understands the applicant is pulling back from the northern line, which is appreciated, and that she understands the applicant wants the sunroom to be as big as they can get it, but that it can be minimized to lessen the encroachment. McMillan asked what the dimensions are on the sun room. Brunello stated he does not have that in front of him. Walsh indicated it is 12'16" x 12'. Walsh stated the applicant could also go 10' x 12' or 12' x 14' if he pushes it out. Brunello stated he is attempting to avoid long, unattractive walls. Levang stated she understands he would like it to be that size but that she is looking at the encroachment into the side setback. Barnhart stated the Council can either approve the resolution as written or direct Staff to rewrite the resolution. Page 20 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 19. #16-3837 JOHN BRUNELLO, LLC, 570 ORONO ORCHARD ROAD SOUTH, VARIANCES — RESOLUTION NO. 6648 (continued) Mattick indicated the Council can approve the resolution and direct Staff to revise the numbers. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6648, a Resolution Approving Variances from Municipal Zoning Code Section 78420, for the Property Located at 570 Orono Orchard Road South, with the requirement that the side setback be 17 feet on both sides. VOTE: Ayes 5, Nays 0. MAYORICOUNCEL REPORT Printup noted the Fire Commission has a meeting on Wednesday of this week and that they will be talking about Big Island, the fire boat and some coverage issues. Printup stated he would also like to thank the Police Department for keeping Orono citizens safe. Levang reported the City's latest newsletter has been distributed and that there was a very timely article on traffic stops 101, which provides the residents with some helpful information on what to do in the event of a traffic stop. Levang stated she would urge people to read the newsletter. Walsh stated he worked at the Flying Pancake Breakfast at the Home Depot in Wayzata and that they were joined by the Mayors of Long Lake and Wayzata as well as House Representative Eric Paulson and State Senator Dave Osmek. Approximately 1600 people were served during the breakfast, which is a new record, and several hundred meals were served to veterans at no charge. Walsh noted he will be attending the fire meeting on Wednesday. McMillan stated the Orono Police Department is very appreciative of all the support they have received from the community this past week. McMillan noted there is a tentative open house that MnDOT will be having on Wednesday, July 27, from 5:00 to 7:00 p.m., and that the residents can confirm the date and time on the City's website. McMillan stated the newly installed Sheriff's dock was used quite a bit during the 4r' of July weekend and that fortunately the weekend did not have a lot of emergencies occur at Big Island. McMillan stated the accessibility of the dock really allowed the water patrol and emergency crews to get people off the lake in a timely manner. CITY ADMINISTRATOR' S REPORT 20. PROSECUTING ATTORNEY — REQUEST FOR PROPOSAL (RFP) City Administrator Loftus stated the City received four submittals for prosecuting attorney and that Staff is asking for a motion approving a firm so Staff can begin negotiating a contract that will then come back for Council consideration. Page 21 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 20. PROSECUTING ATTORNEY — REQUEST FOR PROPOSAL (RFP) Walsh noted at the May 9 Council meeting while discussing the RFP for prosecuting attorney, Council Member Cornick stated because he has worked with Ken Potts for 20 -plus years, he would be recusing himself from all the procedures because he cannot be impartial. Walsh stated he would hope that Council Member Cornick would continue that and not make the vote a tainted vote going forward. Cornick stated he would refer Council Member Walsh to the comments he made during the work session indicating that he has changed his mind. Cornick noted his feelings about the issue are just as obvious as Council Member Walsh's and that they would basically be cancelling each other's vote. Walsh stated he has not recused himself or said that he has an issue with this matter and that he would expect Council Member Cornick to recuse himself. Cornick stated he can change his mind. Cornick moved., Levang seconded, to select Kenneth Potts as Orono's prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a contract. Walsh stated in his view this will be a tainted vote going forward because of the statements that Council Member Cornick had made at an earlier meeting. McMillan stated the interview process was helpful and helped demonstrate the value that Ken Potts has provided to the Orono Police Department over the years and that she will be voting to establish a new contract with Ken Potts. Loftus stated what she has heard at past Council meetings is that Council Member Walsh would like to review the termination clause. Loftus indicated Staff will attempt to make that as favorable as possible for the City and that the typical range for a contract of this type is three to five years. Loftus stated all four law firms during the interview process indicated they would prefer a minimum of three years, and that if the Council prefers a contract that is different than that, she would request Council direction in the motion. Walsh stated if there is a change in prosecuting attorneys, there will be a 6 to 18 -month transition period between the old and new prosecuting attorney. Walsh stated to his recollection all candidates indicated three years was more their preference. Walsh stated he prefers the f rrn of Tallen and Baertschi. Walsh stated if the Council decides to vote for Potts, in his view it does not need to be a 3 -year contract and that they should go with a 30 -day termination clause. Walsh noted Ken Potts has publicly stated that he is going to be retiring after five years and that the City will be making a change anyway. Walsh stated if the City is going to transition from Potts to a new prosecuting attorney, he would rather do that while Potts is still here. Walsh stated if the Council is going to go with the same existing guy that is not doing a good job, the City should keep him on a short leash so they can deal with it at a later time. Levang stated all four individuals were new to her and that she had not met Mr. Potts previously. Levang noted other communities have commented that he does a great job as well as the Orono Police Commission. Levang stated she did not like the other attorneys' business models and that she would stick with the five-year contract as was asked for in the RFP. Page 22 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 20. PROSECUTING ATTORNEY — REQUEST FOR PROPOSAL (RFP) (continued) Levang stated whether Mr. Potts retires or not is up to him and that she will not hold him to that. Levang stated what makes a difference is that he has done well for Orono and its partner cities. Levang noted the Orono Police Department feels they have a very good relationship with him and that she is not going to hold him to a short leash. Levang stated Mr. Potts will be dealing with the police department and the city manager and that the City Council should not be micromanaging. Levang stated if the Council wants, Mr. Potts could report to the Council once a year. Printup asked what the length of the contract is currently. Loftus indicated it is a 3 -year contract. Printup stated he was surprised to hear that prosecuting attorneys typically do not report to the Council. Printup stated knowing what the tentative outlook is for this individual, he would error on the side of transitioning to a new prosecutor. Walsh stated from day one when they discussed going out for RPFs on the city prosecutor, he has wanted to have the termination clause included in the contract. Walsh noted Staff said that they liked the former city engineer but the City still changed engineering firms. Walsh stated the City Council made that decision and not Staff and that the vendors work for the Council and not Staff. Walsh stated in his view the 30 -day termination clause is important regardless of who it is. McMillan stated dealing with a prosecuting attorney and a consulting engineer is very different and that it is not comparing apples to apples. McMillan stated the -prosecuting attorney has a whole different relationship with the City Council. 'McMillan noted when the City changed engineers, they had not done an RFP for approximately 20 to 25 years, and that as a Council they do not deal much with the prosecuting attorney. Walsh stated he deals with lots of different attorneys and engineers all the time but they are still vendors that are providing a service. McMillan stated in her view a city attorney is different from a prosecuting attorney as well. Cornick amended the motion, Levang seconded, to select Kenneth Potts as Orono's prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a minimum of a 3 -year contract, with a 5 -year contract being preferred. Printup asked about the 30 -day notice. Loftus stated Council ?Member Walsh would like to make sure that there is a termination clause that allows the City some flexibility to terminate the relationship. Loftus stated that is something that Staff is working into most of the City contracts and that they will pay special attention to it with this contract. Loftus noted the new contract will be before the City Council sometime in the fall. Page 23 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. 20. PROSECUTING ATTORNEY — REQUEST FOR PROPOSAL (RFP) (continued) VOTE: Ayes 2, Nays 2, Walsh and Printup Opposed, Cornick Abstained. MOTION FAILS. Cornick stated it was his understanding that if the vote was tied the motion would still pass. Mattick stated the Council can make a new motion and see if that one passes or they can make a motion to reconsider the failed motion but that it would have to be made by one of the prevailing parties, which in this case would be Council Members Walsh or Printup. Cornick indicated he would like to make another motion. Walsh moved, Printup seconded to select Kenneth Potts as Orono's prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a 1 -year contract with a 30 -day termination clause. VOTE: Ayes 2 Nays 3, McMillan, Levang and Cornick Opposed. Levang moved, Cornick seconded, to select Kenneth Potts as Orono's prosecuting attorney and to direct Staff and the City Attorney to begin negotiating a minimum of a 3 -year contract up to a 5 -year contract. VOTE: Ayes 3, Nays 2, Printup and Walsh opposed. *21. GOLF COURSE DONATIONS — RESOLUTION NO. 6649 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6649, a Resolution to Accept Golf Course Donations. VOTE: Ayes 5, Nays 0 *22. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT, CONTINUED Loftus noted National Night Out is set for August 2. Information is available on the City's website. Loftus stated as a follow-up, the police department has been holding sessions on the use of force over the last several years which a number of the Council Members have attended. Loftus stated she hopes that training has been helpful. Loftus noted the City has also had some training on bias that she hopes has been helpful. Loftus noted the City will be getting a new electronic polling book that will be used this year. The residents will be required to sign into an iPad rather than the voter registration book. Loftus noted there will be a demonstration video on the City's website for residents to learn how the process will work. Page 24 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2016 7:00 o'clock p.m. CITY ATTORNEY'S REPORT *23. HAZARDOUS PROPERTY — 3907 CHERRY AVENUE -- RESOLUTION NO. 6650 Mattick noted a search warrant was executed twice on this house and that the inspector found the house is very poor condition. Mattick stated the next step is to serve the order on the owner, remove the contents, and then demolish the home. Mattick stated it is unlikely the property owner will be served and that the notice will need to publish it in the City's legal newspaper. Levang asked if the City will grade and seed the area. Mattick stated it will look like a ready to be built on lot once the work is complete and that the costs associated with the work will be assessed against the property. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6650, a Resolution Ordering Abatement of Hazardous Condition of Hazardous Property and Hazardous Building. VOTE: Ayes 5, Nays 0. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 10:08 p.m. VOTE: Ayes 5, Nays 0. ATTEST: -�V_ - L t V6, City Clerk Lili Tod Mc i lan, Mayor Page 25 of 25