HomeMy WebLinkAbout08-08-2016 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 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. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson,
Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner
Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick,
Consulting City Engineer David ,Martini, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Item Nos. 5, 7, 8, 9, 10, 11, 12, and 15 were added to the Consent Agenda.
Levang moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. ORONO CITY COUNCIL MINUTES OF JULY 25, 2016
Levang moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of
July 25, 2016, as submitted. VOTE: Ayes 5, Nays 0.
3. ORONO CITY COUNCIL WORK SESSION OF JULY 25, 2016
Levang moved, Walsh seconded, to approve the minutes of the Orono City Council Work Session of
July 25, 2016, as submitted. VOTE: Ayes 5, Nays 0.
PRESENTATION
4. GOLF COURSE AED PRESENTATION — ORONO LIONS DONATION AND
CENTERPOINT GRANT — RESOLUTION NOS. 6655 and 6656
Public Works Director/City Engineer Edwards reported the Orono Golf Course recently received two
donations toward the purchase of an Automatic Defibrillator.
Kevin Collver, Field Operations, stated on behalf of CenterPoint Energy, he is pleased to present their
Community Partnership Grant for $750 to be used toward the purchase of the AED.
Kurt Kaminski and Roger Adams stated on behalf of the Orono Lions, it is a pleasure to make a $750
donation to the Orono Golf Course for the AED to assist in emergencies.
Page 1 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August S, 2016
7:00 o'clock p.m.
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6655, a Resolution Accepting a
Donation from Orono Lions for Use at the Orono Golf Course. VOTE: Ayes 5, Nays 0.
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6656, a Resolution Accepting a
Grant from CenterPoint Energy for Use at the Orono Golf Course. VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
Peter Lanpher, 1380 Rest Point Road, stated he and his wife have applied for a variance on their fences
and that they are requesting the City Council waive the standard application fee so they can proceed to the
Planning Commission meeting. Lanpher stated this request is being made because it was suggested by
the Orono fence viewing panel and that they have also incurred a number of expenses associated with the
disputes they have been involved in with their neighbor. Lanpher stated in their view it is appropriate that
the fee be waived at this time.
Mayor McMillan asked if Mr. Lanpher is in the middle of the variance process.
Community Development Director Barnhart stated the application is incomplete at this point and is
scheduled to go to the Planning Commissionn next week once the fee has been paid. Barnhart indicated
the application is incomplete at this time because the application fees have not been submitted.
Council Member Walsh asked if the application fees are nonrefundable.
Barnhart indicated they are.
McMillan stated the Council will not be able to discuss this matter tonight since they do not know many
details about the variance request.
Lanpher stated the information is in the application and that he is attempting to get the fees waived prior
to his application going to the Planning Commission.
Walsh stated in order to move it ahead, he would vote to put it on as an agenda item for the next City
Council meeting.
Barnhart stated the Planning Commission could review the application in September and the fee waiver
request could be heard by the Council in August. Barnhart stated what normally happens is the applicant
pays the fee, and if the Council feels it is justified, they can refund that fee. Barnhart stated the fee is
nonrefundable in the sense that if the application is denied, the fee is not returned to the applicant.
McMillan asked if he would be agreeable to the Council reviewing this at their next meeting.
Lanpher stated he is okay with that.
Council Member Cornick asked if he would be interested in a reduction rather than a waiver.
Lanpher stated there will be a firestorm regardless and that he might be interested in a reduction
depending on what it is.
Page 2 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 9, 2016
7:00 o'clock p.m.
PUBLIC WORKS/CITY ENGINEER REPORT
*5. MnDOT PARTNERSHIP CONTRACT — RESOLUTION NO. 6657
Levang moved, Walsh seconded, to approve the Master Partnership Contract between the City of
Orono and MnDOT and to adopt RESOLUTION NO. 6657, a Resolution to Enter into a Master
Partnership Contract with the Minnesota Department of Transportation. VOTE: Ayes 5, Nays 0.
6. FOX STREET FEASIBILITY REPORT
Public Works Director/City Engineer Edwards noted in December of 2015, the City Council approved the
preparation of a feasibility study for Fox Street in order to evaluate improvements to the street.
David Martini, Consulting City Engineer, stated the report was broken into three sections:
The first section is entitled Section A and encompasses Fox Street from Old Crystal Bay Road to Willow
Drive.
Martini displayed picture of the roads included in Section A. Martini noted the aggregate in this section
ranges from 9.5 to 4.5 inches currently. Option A involves the reconstruction of the roadway in the
current footprint, creating an even width of 24 feet, construction of a pavement section that includes
geotextile fabric, and ten inches of aggregate base and five inches of bituminous pavement. The cost for
this option is $735,413. There would also be some culvert repair and ditch cleaning as well as
replacement of the bollards with guardrail.
Section B encompasses Fox Street from Willow Drive to Brown Road and is an MSA route. Option B
involves the reconstruction of the roadway in the current footprint, creating an even width of 24 feet,
construction of a pavement section that includes geotextile fabric, ten inches of aggregate base and five
inches of bituminous pavement. Martini indicated this project is similar to the Baldur Park Road project.
Also included in the project is replacement of some culverts, ditch cleaning, and installing a new
guardrail. The cost for Option B is $643,545.
Martini noted Section B is a designated MSA road and is therefore eligible for state funding. Based on
current projects, sufficient funding will be available in the MSA account in 2017 for Section B. Sections
A and C require funding from the Pavement Management Fund if either of these projects are to be
completed in 2017.
Martini stated not replacing the aggregate base in Sections A or B would result in the road not meeting its
anticipated life expectancy.
Section C encompasses Fox Street from Brown Road to Orono Orchard Road. Option C includes milling
of the road and a three inch overlay with some segment patching at a cost of $418,271. This section is in
the best shape out of all three sections.
Martini indicated the total cost for all three sections is $1.8 million and that he is looking for Council
approval to accept the feasibility report.
Council Member Printup asked if less is more in relation to the swampy areas.
Page 3 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
6. FOX STREET FEASIBILITY REPORT (continued)
Martini indicated the current thinking is to replace that soil with some lightweight materials.
Walsh asked what the timeline is for the project.
Martini stated it would run similar to the Watertown Road schedule. They would complete the survey
work in the fall, proceed forward with preparation of the plans and specs, which would be finished near
the first of the year, and then go out for bids in either February or March. Martini stated if that schedule
is followed, they would be ready to go as soon as road restrictions come off in the spring.
Walsh asked if the plans would be good through 2018.
Martini indicated they should be and that he does not envision anything changing significantly between
now and then.
Walsh asked if the costs would be reduced if all the survey work for all three sections was done at the
same time.
Martini stated it would reduce the costs.
McMillan asked if the City can submit a request for MSA fluids at any time during the year.
Martini indicated they can if the project meets MSA standards. Martini stated if there is some design
criteria being requested as a variance, the board that reviews those standards only meets twice a year.
Martini noted that is not the situation here and the City is not requesting any design standard variances.
McMillan asked if Sections A and B would require different equipment than Section C.
Martini indicated it would be pretty similar but the difference would be some excavation on Sections A
and B.
Levang noted on Section C they are looking at a 12-15 year life expectancy and that the City will need to
be on top of the routine maintenance.
Martini stated the issue with Section C is that the base moves around a bit due to the water level, which
causes drainage issues and cracks in the pavement. Martini stated if the City were serious about
providing a road that is built to last with a good foundation, it would cost at least a million dollars just for
that section.
Cornick commented he can remember that road being under water at times.
Martini stated the hope would be on Section B to fix some of that.
McMillan asked if anyone from the public would like to speak regarding this project.
There were no public comments.
Page 4 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
6. FOX STREET FEASIBILITY REPORT (continued)
Walsh moved, Levang seconded, to accept the Fox Street feasibility report. VOTE: Ayes 5, Nays 0.
*7. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION — PAY
REQLTST NO.2
Levang moved, Walsh seconded, to approve Pay Request No. 2 to Valley Paving in the amount of
$100,045.88 for the Watertown Road Phase 2 rehabilitation project. VOTE: Ayes 5, Nays 0.
*8. 2016 SANITARY SEWER REHABILITATION PROJECT AWARD
Levang moved, Walsh seconded, to award the sanitary sewer improvements contract to Insituform
for $215,177.90 and approve the Bolton & Menk construction management proposal for a fee not to
exceed $17,900.00. VOTE: Ayes 5, Nays 0.
PUBLIC WORKSICITY ENGINEER REPORT, CONTINUED
Edwards reported on the following work completed by the Public Works Department and the City's
contractors:
• Final work is being completed by the contractor on Watertown Road
• Utility work and paving is currently underway on Watertown Road
• Repairs on Loma Linda have been completed
• Sewer cleaning throughout the City is underway
• Right of way mowing is being done
• Tree removal on Brown Road was completed
• Phase H of the Watertown Road project is currently underway
• Culvert replacement was performed on Cherry Avenue
• Curb replacement was performed on Bohns Point Lane
• Erosion repair was completed on Loma Linda
• 2016 sewer cleaning is underway
• Well construction is underway
• GIS mapping of Saga Hills has been completed
• French Creek signage has been installed
Edwards noted one of the City's maintenance workers has resigned and that he is currently in the process
of filling that position.
PUBLIC SAFETY REPORT
None
PLANNING DEPARTMENT REPORT — Planning Commission Representative Bruce Lemke
Page 5 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
*9. PHILLIPS WOODLAND TERRACE — PHILLIPS DRIVE OWNERSHIP CONSENT
Levang moved„ Walsh seconded, to authorize Mayor McMillan to sign the Consent Letter
regarding Phillips Woodland Terrace. VOTE: Ayes 5, Nays 0.
*10. #16-3839 REVISION, LLC, ON BEHALF OF SHARON OLSON-HESBITT, 865
FERNDALE ROAD WEST, VARIANCES — RESOLUTION NO. 6658
Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6658, a Resolution Approving
Variances from Municipal Zoning Code Sections 78-305; 78-1279; and 78-1700, File No. 16-3839,
for the property located at 865 Ferndale Road West. VOTE: Ayes 5, Nays 0.
*11. #16-3845 TIM AND JULIE DRUK ON BEHALF OF JAN AND LEONARD KENNEN,
1240 ARBOR STREET — VARIANCES — RESOLUTION NO. 6659
Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6659, a Resolution Granting
Variances to Municipal Zoning Code Section 78-420 for Property Located at 1240 Arbor Street,
File No. 16-3845. VOTE: Ayes 5, Nays 0.
*12. #16-3846 GREGG KATCHMARK,140 LEAF STREET — VARIANCES — RESOLUTION
NO. 6660
Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6660, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-420, 78-1279, and 78-1680, for Property Located
at 140 Leaf Street, File No. 16-3846. VOTE: Ayes 5, Nays 0.
13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545
SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT,
AND REZONING
Barnhart stated the applicant is requesting preliminary plat, comprehensive plan amendment, and
rezoning approval to subdivide three existing lots into seven single-family, detached homes. Access will
be provided via a new public road off of Shadywood.
The Planning Commission reviewed the preliminary plat at their July meeting and felt that this proposed
use and development was appropriate for the area. The Commission recommended approval of the
preliminary plat.
Barnhart noted the house plans included within the Council packet are not what will necessarily be built
but are merely sketch representations of what could be constructed on the lots.
Barnhart displayed the layout of the development on the overhead and noted that the purple line is the
proposed sanitary sewer line. All seven building sites will be served by municipal water and sanitary
sewer.
Barnhart stated the original plan showed storm water retention and stabilization methods that meet the
City's requirements. One of the issues observed during the review was that the grading and excavation
removed quite a bit of existing vegetation toward the back of three of the lots.
Page 6 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDI -C, LLC, 2525, 2535, AND 2545
SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT,
AND REZONING (continued)
Upon hearing those concerns, the applicant has modified their plans in an attempt to minimize removal of
the trees, and as a result of those revisions, it appears that 14 significant trees originally thought to be
removed will be retained.
Based upon a review by the City Engineer of the drainage, modifications to the plan include directing
more of the storm water to the east, away from the Kelly Avenue wetland.
Barnhart stated the applicant has submitted a landscape plan. Preliminary review of the plan shows a
desire to retain the existing tree line between the building area and the wetland slope, which is near the
rear edge of the homes on Lots 5, 6, and 7. The ability to retain these trees with the proposed grading will
be reviewed. The developer is proposing to add 48 new trees as well as some small ornamental trees near
the storm depression area and at the entrance monument.
The Planning Commission also discussed the proposed density at their July meeting and recommended
that the City identify other locations for higher density to satisfy the Metropolitan Council requirements.
Overall the Planning Commission felt that the proposed density for this site was appropriate.
Barnhart noted the City has received a number of comments regarding the proposal from the public, with
the continents ranging from supporting the project to suggesting the City deny the project. These letters
were provided to the Planning Commission and are included in the City Council packet as Exhibit H.
Staff is requesting direction from the City Council on the Comprehensive Plan Amendment, the rezoning
request, and preliminary plat. Preliminary plat approval should be subject to the following conditions:
1. Flexibility being granted for the lot area, width and setback standards of the RPUD District.
Hardcover will be limited to the assigned Tier 4 level of 50 percent on each individual lot. The
0.50 FAR shall be adhered to on each individual lot.
2. Development shall be subject to adherence to the findings included in the Conservation Design
report, including the removal of buckthorn and invasive species on the site.
Significant trees to be preserved to the extent possible and as shown on the landscaping plans.
4. The applicant is to confirm with SHPO that there are no archaeological sites within the property.
A 10 percent private recreational space requirement will not be required.
6. Park Dedication Fees and Storm Water and Drainage Trunk Fees, as well as municipal sewer and
water connection charges to be collected in full at the time of final plat approval.
7. Vacation of easements as appropriate through the site.
8. Provisions of drainage and conservation easement over wetland and storm water areas
Page 7 of 27
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 5, 2016
7:00 o'clock p.m.
13. #16-3547 CHARLES CURD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545
SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT,
AND REZONING (continued)
9. All items in the City Engineer's memo dated July 21, 2016, shall be addressed to the satisfaction
of the City.
Levang stated the revisions to the landscape plan were based on the feedback and that it is a very good
plan.
McMillan asked whether a trail easement along Shadywood should be obtained.
Barnhart indicated there is not a trail easement being proposed by the developer.
McMillan noted that side of Shadywood does not have any utility poles and that she is not looking at a
trail going down to Tonka Bay but more of a local trail for the residents of Navarre. McMillan stated in
her view the trail should go on the west side of Shadywood, which would allow pedestrians to walk up to
Lunds and the surrounding area. McMillan stated the City should require an easement along there.
Walsh stated the City should obtain an easement just in the event a trail might ever be constructed.
McMillan stated in her view this trail is more likely to be constructed. McMillan commented the wetland
area is very important to the residents on Kelly Avenue, and that the way it is proposed now, the wetland
will be part of the lots located on the western edge.
Barnhart indicated the wetland will be part of Lots 5, 6 and 7.
McMillan stated she is concerned about the long-term maintenance of that area and being kept natural.
McMillan recommended Staff look at that to see how that can be better addressed.
Rick Denman, Charles Cudd, stated he understands the trail issue and that one of the questions he has is
whether the trail would be constructed 100 percent of their property or some in the right-of-way.
Barnhart indicated Hennepin County will also need to be involved with the trail.
Denman stated the question is whether the County will ever make it a four -lane road. If not, there is room
to construct the trail in the right-of-way.
McMillan stated Hennepin County will provide comments on that piece to the City.
Denman indicated the retaining wall could be built if there is a trail but that the berm needs to go up at a
3:1. There will also be trees on top of the berm. Denman stated at that point there should be room for a
trail since there is a 66 -foot right-of-way unless Hennepin County is planning to construct a 4 -lane road.
Denman stated if the wetland was a dedicated outlot to the City, it would not be a problem. Denman
noted with a 35 -foot buffer, none of the buckthorn will be cut down and that the view from the Kelly
Avenue side will stay the way it has been.
Page 8 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545
SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT,
AND REZONING (continued)
Denman noted there will be a homeowners association and that the individual homeowners will be
responsible for maintaining the pervious pavers.
Denman indicated they did have an open house to speak with the neighbors and that he did speak with
Mr. Masserano about erecting a fence along the property line. Denman indicated they are willing to chip
in $2650 towards the cost of the fence. Denman indicated he is not sure how long the fence will be.
Cornick asked if the density will be impacted if the City takes over the wetland area.
Barnhart indicated it will not be.
Walsh commented he likes the outlot idea.
McMillan noted the homeowners association would be responsible for the outlot.
Mattick stated the City could also maintain it if the Council so chooses and that it is more preservation
than maintenance.
Cornick asked if Hennepin County is now okay with the access.
Barnhart stated Hennepin County forgot about the discussion concerning the Freshwater parcel when they
reviewed this development initially and that Staff has reminded them of the possibility of future
development of that area. Upon hearing that, Hennepin County indicated they were okay with that and
with the proposed access point for this site.
Levang asked if any landscaping will be done on the Kelly Avenue side.
Mr. Stonek, landscape architect, stated they will stay out of the buffer and that the back of the homes will
be landscaped.
Denman asked if they can remove the buckthorn in that area.
Levang stated in her view buckthorn removal is important.
Barnhart stated generally the City likes the invasive species removed, but if it was removed in this
situation, it will be noticeable. if the Council does not want any visible change, he would suggest the
buckthorn not be removed.
Walsh suggested replacement vegetation of some type be planted in that area.
Stonek stated the leaves on the buckthorn are the first ones out in the spring and the last ones off in the
fall. Stonek indicated the south property line will be cleared of buckthorn and it will just be kept on the
Kelly Avenue side. Stonek stated as long as the yards are maintained, the buckthorn will not spread.
Page 9 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
13. #16-3847 CHARLES CUDD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545
SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT,
AND REZONING (continued)
Walsh commented other damage might be done if the buckthorn is removed.
Stonek stated they would remove the thistle and other weeds that might spread.
Walsh commented this is probably the best proposal for this site that the City has seen and that he likes
the single-family concept and the buffer along Kelly Avenue. Walsh stated there are no huge red flags
that jump out with the development.
Mayor McMillan asked if anyone from the public would like to comment on the application.
Frank Masserano, 2560 Kelly Avenue, stated he lives right next to this development and that the church
property is just east of it. Masserano commented the reputation of the builder and developer is high.
Masserano indicated he frequently sees deer, turkey and fox almost every day crossing their lot into the
wetlands and that removal of the buckthorn would likely destroy their habitat.
Masserano stated when he erected the fence on his property, it was built with artificial wood and was
quite expensive. The developer has indicated he could put a fence on the berm and run it down the side
but that he is a little unsure what it will be exactly. Masserano indicated a 43 -foot deck built out of cedar
was $12,000 and that a manmade product is almost three times more expensive than cedar. Masserano
stated he personally likes the fence and that it should be brown rather than white. Masserano indicated he
would like to have more conversation with the developer about the fence. In addition, there are some
large trees along the property line and that he would hate to see them come down.
Mark Howry, Outdoor Scapes, stated they plan to spade in some Blackhill spruce, and that once those are
planted, there will be instant privacy.
Masserano stated he is disappointed they cannot keep the large trees. Masserano asked if they would be
able to move the entrance over a little bit.
Mark Gronberg, Surveyor, noted they have moved the road five feet south.
Denman stated they will offer a minimum of $2,650 for the fence but that they are proposing to spend
quite a bit of money putting greenery in there that will be there yearlong. Denman indicated he would be
willing to walk the property with Mr. Masserano to see where he would like the fence.
McMillan stated when this application comes back before the City Council, hopefully some of the fence
details will be worked out. McMillan asked whether there needs to be a new preliminary plat drawing if
the wetland is put into an outlot.
Barnhart indicated he would like to see it incorporated into the preliminary plat.
It was the consensus of the City Council to place the wetland into an outlot.
Page 10 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
13. #16-3847 CHARLES CURD, LLC, ON BEHALF OF DDK, LLC, 2525, 2535, AND 2545
SHADYWOOD ROAD, PRELIMINARY PLAT, COMPREHENSIVE PLAN AMENDMENT,
AND REZONING (continued)
Barnhart stated he is hearing general support for the plan from the Council and that he can prepare a
resolution and bring it back to the City Council in the near future. Barnhart stated the Comprehensive
Plan Amendment can be voted on at the same time as the preliminary plat resolution.
McMillan asked whether Staff has any recommendations regarding the City's overall density number.
Barnhart stated he included a possible solution to the City's density issue in the staff report. Barnhart
stated the City's Comprehensive Plan is somewhat confusing because mixed use is defined in some places
as six units and in other places as four. One solution would be to increase the mixed use to six units
overall. Barnhart indicated he would like Staff to come forward with a recommendation to adjust the
mixed use density, which would be part of the Comprehensive Plan Amendment.
It was the consensus of the City Council that the rezoning of this property to RPUD is acceptable.
Barnhart noted the rezoning would not occur until the time of final plat.
Levang moved, Walsh seconded, to direct Staff to prepare an approval resolution for preliminary
plat. VOTE: Ayes 5, nays 0.
MAYOR/COUNCIL REPORT
Walsh noted last Tuesday, August 2, was National Night Out and that he rode with Police Chief Farniok
and Senator Dave Osmek. Walsh stated there were lots of people out and getting together. The highlight
of the evening was the landing of the big helicopter and the kids being able to get their picture taken in
the helicopter.
Cornick reported he attended a Navarre Community Initiative meeting regarding the Navarre Festival and
that he will be handling the bike rodeo.
Levang stated things are going well with the Navarre Community Initiative and that they have quite a few
businesses that are very excited about it. In addition to the bike rodeo, there will be a Heart Safe
Initiative, and that they will be asking residents to preregister for that. Levang commented it will be a
great opportunity for the residents to come and receive that training. The training is free, will last around
30 minutes, and the participants will receive a certificate.
Printup noted Long Lake Corn Days is this weekend.
Printup stated in looking at the minutes from two weeks ago work, he would like to propose that the City
Council discuss the Metropolitan Council reform issue further.
Printup moved, Walsh seconded, to have the Metropolitan Council issue placed on the August 22
City Council agenda.
Page 11 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
McMillan stated she would prefer not to have motions made during the mayor/council report and that they
can talk about it in a work session.
Printup amended his motion to place the Metropolitan Council issue on the September City
Council work session agenda.
Loftus noted the majority of the September work session will be taken up with the variance training and
that other items on the agenda include the Big Island fire response and the City's preliminary budget.
Loftus asked whether it could wait until October.
Printup stated he would simply ask for 15 minutes to get the conversation going and gather some ideas.
Staff would also have an opportunity to gather information on it. Printup stated other communities are
talking about it, which is why he is advocating for a discussion on it.
McMillan stated the City could perhaps invite their Metropolitan Council representative in to talk to them
rather than taking a more adversarial role right from the beginning. McMillan stated the Council can try
to spend a little time at the end of the August work session to talk about how they want to proceed.
McMillan stated the Council has to deal with the Big Island issue and the budget but that they can spend a
little bit of time on the Metropolitan Council issue. McMillan noted the City Council has not met their
representative yet and that that should perhaps be the first step in the process.
Walsh seconded the motion to place the Metropolitan Council issue on August City Council work
session.
Printup withdrew his motion.
Printup stated the other piece that he would like to discuss at a future work session is the sex offender
concept of an ordinance and seeing what the City can do to regulate people convicted of a sex offense that
live in the community. Printup suggested this be placed on the August agenda.
Levang stated she would prefer that topic be discussed in November when there is a joint meeting with
the Planning Commission. Levang noted the City does not have any applications before them currently
for a reform facility. Levang stated she has spoken to citizens in the city and other cities about the sex
offender issue and that she does not hear Orono's police chief or administrator saying that it is a problem
in the city. Levang stated the Council has a lot of other issues to deal with first and that she would prefer
to talk about it at a future time.
McMillan stated sex offenders are generally released to a home and not a treatment center.
Printup stated he likes the idea of having the discussion with the Planning Commission and that in his
view the City Council should also look at it.
Levang stated she does not want the discussion to be about fear and that the August work session is not
the proper time.
Walsh asked if Council Member Printup is okay with putting it on the November work session.
Page 12 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
Printup indicated he is. Printup stated Staff could then look at it and compile different ordinances in the
meantime and that it could be completed in November.
McMillan stated the question is whether it rises to a priority level. McMillan stated the Council could
wait until November and then discuss it with the Planning Commission. McMillan noted typically areas
next to schools and parks are regulated and that Staff could provide a little background on things as well
as a sample ordinance.
Walsh noted this is more of a City Council decision and that they will be deciding whether the Planning
Commission should review it.
Barnhart stated treatment centers are more of a land use question and that the sex offender ordinance
would be more of a policy question.
McMillan suggested Staff think about what process should be followed and that they can talk about it
briefly in August at the work session. McMillan requested Staff find out whether it needs to go before the
Planning Commission.
Walsh stated he would like to see it on the August work session agenda.
McMillan stated if they determine it needs to go before the Planning Commission, they can place it on the
October meeting agenda.
Walsh stated the City Council will make the decision about whether it should go before the Planning
Commission right here and that they can put it on the August 22 agenda to discuss whether it should go
before them.
Mattick indicated he did provide Staff with a sample ordinance that was challenged and withstood legal
challenge. Mattick noted this is a relatively new issue and that one of the reasons that ordinance
withstood legal challenge was that it was not put into their zoning section of the code but it was placed in
the public safety section. Mattick stated generally only zoning issues go before the Planning
Commission. Mattick stated in terms of the process, it will depend on where the ordinance is placed and
how big of an issue it is.
Walsh stated in his view it does not need to go to a work session and that they can either make a decision
to send it to the Planning Commission or simply place it on the City Council agenda.
McMillan stated they can put it on the Council agenda whenever Staff is prepared to discuss it.
Printup commented it will start the conversation and get things moving.
Cornick stated he would be totally opposed to the ordinance since the current state protection system
protects the residents and anything the City does can be challenged in court. Cornick noted he ran the sex
offender registration program in Orono and that it works. Cornick stated in his view everything else is
overkill and subject to litigation.
Page 23 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
Printup commented neighbors likely would want overkill on it.
McMillan stated she does not know a lot about it and that the City needs to do some work on it and not
just try to pass it quickly.
Loftus stated she has the Metropolitan Council reform matter on the August 22 work session and that the
treatment center will be on the list of priorities in November.
McMillan stated the Council also needs to be cognizant of the other items Staff is working on.
Loftus indicated Staff will place it on a City Council agenda as soon as possible.
McMillan stated she was invited to the Stone Bay National Night Out and that she had a wonderful chat
with the residents of Stone Bay who indicated they are happy with their development and the trails. The
residents also stated they appreciate City Staff being accessible, the work that the Public Works
Department does, and the Orono Police Department.
McMillan reported the Long Lake Rowing Crew invited her to their recognition dinner and that they
wanted the City Council to know that they appreciate the Council's support of their club. McMillan
stated the club is doing very well.
McMillan thanked Rick Meyers for his donation of a bench at Livingston Tower Park and his wonderful
work on making the park beautiful.
CITY ADMINISTRATOR'S REPORT
14. SCHOOL SUBCOMMITTEE
City Administrator Loftus noted at the July 25 Council meeting, Council Member Walsh requested the
City consider establishing a subcommittee to meet regularly with the Orono School District. This topic
was also discussed three months prior to that at a work session.
Loftus indicated Council Member Walsh has sent some suggestions for how the subcommittee should
operate and include the following: The subcommittee should meet as needed, at least once every six
months. The purpose of the subcommittee is to keep both parties informed of each other's plans and
issues. Council Member Walsh has also indicated that both he and Council Member Printup would be
willing to serve on this subcommittee through the end of 2016, with the appointment then being added to
the regular annual appointments in January.
McMillan asked if Staff has heard anything from the School Board regarding this subcommittee.
Loftus indicated she has not.
McMillan suggested sending the superintendents from the Orono and Westonka School Districts a letter
asking if they would like to address the City Council during a work session to discuss the issues and then
decide whether a subcommittee is necessary.
Page 14 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
14. SCHOOL SUBCOMMITTEE (continued)
McMillan noted Superintendent Borg used to address the Council yearly, which is another option the
Council can pursue. McMillan stated she would rather the City be inclusive and invite everyone together
than trying to put together the subcommittee first.
Walsh stated he is not trying to be exclusive with the subcommittee and that this conversation has been
going on for a while. Walsh noted he has heard a lot from the school and that they would love to have
dialogue on a consistent basis. Walsh stated the City could also reach out to the Westonka School
District. Walsh commented both school systems are very good and are good draws for the community
base and tax base and that it makes sense to have one.
Walsh moved, Printup seconded, to create a school committee as presented.
Levang stated she likes the Mayor's approach and that subcommittees are not as transparent as having the
school representative appear at a Council meeting. Levang stated if the City is really moving towards
transparency, they should have a dialogue that includes the public coming to either a work session or a
Council meeting.
Cornick asked if there was a subcommittee in the past.
Levang stated there has not been.
Cornick stated his question is, if there was one, why did it go away. Cornick asked whether it would be
more appropriate for the school to be communicating with Staff and not individual Council Members.
Loftus stated City staff speaks with school staff on a weekly basis about different items and that she does
not feel there is a lack of communication.
Cornick stated a subcommittee might involve more conflict.
McMillan stated the subcommittee would be rather exclusive rather than inclusive.
Cornick stated he would support sitting down with the superintendents and hearing what their comments
are. Cornick indicated he would have liked the request to have come from them.
Walsh concurred Staff has a lot of discussions with school staff but that when you bring in the boards,
you get a higher level of discussion on issues. Walsh stated he would like the subcommittee to look at
long-term issues and how the parties can work together.
Cornick commented that seems to be more of a school board discussion.
Walsh stated in his view there is no reason not to have it. Walsh stated in his view this is not a work
session issue and that the individual Council Members either support a school committee or they don't.
McMillan stated there should be specific issues for the committee to handle and that she would like to
reach out to the school first since they did not request it.
Page 15 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August S, 2016
7:00 o'clock p.m.
14. SCHOOL SUBCOMMITTEE (continued)
McMillan noted the subcommittee should be addressing certain issues, which is unknown at this time, and
that they need to know who is going to be in the group. McMillan noted typically committees are
structured with certain stakeholders. McMillan noted there was nothing in Council Member Walsh's
memo that addressed that.
McMillan stated she has seen in the past where the City has had a couple of people work together and a
lot of things got started as well as engineering costs incurred before Council approval. McMillan stated
there also has to be a mission to the subcommittee. McMillan reiterated she would rather start out with a
meeting of the superintendents and see if there is something that everyone wants to work on. McMillan
stated she does not want to have subcommittee meetings just to have meetings and that they should have
something concrete to work on.
Walsh requested the Mayor show him the mission statement for the Parks Commission, the Police
Commission, and other committees in the City. Walsh stated in his view the Mayor is trying to put up
road blocks and that he doesn't appreciate it.
McMillan stated at every police commission meeting the police chief goes through a specific agenda and
brings everyone up to speed on certain things. McMillan noted those types of committees have been set
up and have been meeting for a long time. McMillan stated there needs to be some structure around the
subcommittee and that she would like to start out as a whole group to get everybody up to speed so what
direction the subcommittee should take can be determined.
VOTE ON THE MOTION TO CREATE A SCHOOL SUBCOMMITTEE: Ayes 2, Nays 3,
Cornick, Levang and McMillan Opposed.
Levang moved, Cornick seconded, to authorize City Administrator Loftus to draft a letter to be
sent to the superintendents of the Westonka and Orono School Districts inviting them to come in
2017 to at least one Council meeting.
Printup stated it is a good idea to reach out and that he is supportive of the subcommittee idea. Printup
stated in his mind some bridge building is needed and that he is not sure what the fear of a subcommittee
is.
Cornick stated it is important to note that nobody on the Council has said they are against the
subcommittee but that there needs to be a process to create the subcommittee.
VOTE: Ayes 5, Nays 0.
X15. ACCEPT DONATION — LIVINGSTON PARK— RESOLUTION NO. 6661
Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6661, a Resolution Accepting a
Donation from Rick Meyers for Use at Livingston Park. VOTE: Ayes 5, Nays 0.
Page 16 o117
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 8, 2016
7:00 o'clock p.m.
*16. CLAIMS/BILLS
Levang moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
CITY ADMINISTRATOR'S REPORT, CONTINUED
Loftus noted the City of Spring Park had asked the City for an estimate of what it would cost for Orono to
provide routine maintenance. Spring Park also obtained a bid from a third party contractor. Loftus
reported Spring Park has decided that instead of hiring someone in house or contracting with Orono, they
would try a third party contractor. That arrangement will begin September 1.
Loftus reported Accountant Peter Zimmerman has accepted a position as senior accountant with a private
company and will be leaving in the near future. Loftus stated he had been with Orono for ten years and
will be missed.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
F\ 11 [$1119 0175 151 a
Printup moved, Cornick seconded, to adjourn the Orono City Council meeting at 9:10 p.m. VOTE:
Ayes 5, :Nays 0.
ATTEST:
legs, City Clerk
1Q.
Lili Tod McMillan, Mayor
Page 17 of 17