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HomeMy WebLinkAbout09-26-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. '_Mayor McMillan called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 6 and 10 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Walsh moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. CITY COUNCIL MEETING OF SEPTEMBER 12, 2016 Council Member Walsh noted the video for Item No. 17 was lost for the last Council meeting, which was regarding the home occupation license application. Walsh stated the meetings should be videotaped since the minutes do not completely reflect the entire discussion and it allows someone to go back and watch the video to get the entire context of the meeting. Walsh stated toward the end of the discussion on that item, a motion was made by him to deny the home occupation permit. Mayor McMillan then asked whether that was just for 2017 and whether Staff should deal with the rest of the events in 2016. Walsh noted his denial motion was for the rest of 2016 and 2017, which was subsequently passed. Walsh stated he would like the minutes to reflect that part of the discussion. Levang moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of September 12, 2016, as amended. VOTE: Ayes 5, Nays 0. PRESENTATIONS 3. CSAH 112 PHASE 2 DESIGN AND TRAIL, EXTENSION Christine Morter, Hennepin County Transportation, stated she is managing the Highway 112 project. Morter reported they are working on finalizing plans for Phase 1 of the Highway 112 project, with bids being opened in December and construction expected to start next spring. Page i of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 3. CSAR 112 PHASE 2 DESIGN AND TRAIL EXTENSION (continued) Work has also begun on the plans for Phase 2, which should be completed early next year, with construction expected to begin in the spring of 2017. Construction on Phase 3, which is the section west of Willow Drive, is planned to start in 2019. Nate Will, SRF, stated Phase II of the project will begin around Wolf Point Trail and proceeds east to Wayzata Boulevard. Will illustrated on the map how the trail section will be extended on the north side of the road up to Long Lake Road. The trail is currently planned to go up to Old Long Lake Road and will terminate and turn into a shared use road/trail on Old Long Lake Road. Based on some recent public discussions with the PAC committee, there was some desire expressed to extend the trail from Old Long Lake Road along the east/north side of Wayzata Boulevard and provide a connection at the Luce Line Trail. Will noted during the preliminary design, some of these options were looked at in 2012 to provide a connection to the Luce Line along Highway 112. Will displayed a cross-section of the roadway and noted the trail would be on the east side of the road. The color red on the map is what is being proposed for a current roadway design without the trail. The blue line depicts the trail being added. Curb and gutter would also be added with this design. The impacts would be approximately 15 to 20 feet of additional work that could be done under the County's current turnback project. The cost summary to extend the trail from Old Long Lake Road to the Luce Line is approximately $220,000, of which the County would be sharing $110,000. That cost includes paving the trail, bituminous and aggregate. The other portion would be paid for under the turnback project. One of the cost estimates included in the packet is the projected cost of the work if it were to be done separately from the highway project. Will noted if that should occur, the cost would be $450,000, which also does not take into account inflation costs. Walsh asked what doubles the cost. Will indicated the County would construct only what is in red, which would be a rural roadway. The extra cost would be associated with the curb and gutter, replacement of the necessary storm sewer infrastructure, removal of the existing shoulder and put it back, and then pave the trail and restore the right-of-way. Will stated they are here tonight on behalf of Hennepin County to present this concept and to get the thoughts of the City Council. Will stated they would perhaps look for Council action in October either for or against the project so planning can proceed forward. McMillan commented she understands Hennepin County's desire to move forward on the engineering if the Council is in favor of doing this project. McMillan stated this Council has discussed looking into the costs of doing that portion of the project and that now is a good time to combine the two projects if it is to be done. Walsh asked if the new trail is within the existing right-of-way or whether any new easements would be required. Page 2 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 3. CSAR 112 PHASE 2 DESIGN AND TRAIL EXTENSION (continued) Will indicated the majority of the trail will be located within the existing right-of-way and that there will be construction easements obtained in conjunction with this project. There is a little section of right-of- way that will be required across two properties. Will noted the Luce Line is DNR and Three Rivers property. Walsh asked how wide the trail would be. Will stated it is anticipated to be 8 feet wide and would follow what is being done in Phase 1, with a 7 - foot wide grass boulevard to provide some separation between the curb and traffic. There is also room for some signage and snow storage. The trail would be bituminous and it would basically connect in with the Luce Line. Steps would also be taken to attempt to minimize the number of trees that would be impacted. Will noted no final engineering has been done to date and the alignment might change slightly. Walsh asked if Hennepin County would maintain the trail since it is in their right-of-way. Morter indicated the trail would be maintained by the City through their agreements. Council Member Levang asked whether the trail is included in the Master Trail Plan. Public Works Director/City Engineer Edwards stated he does not know the answer to that at this time but that he will look into it. Walsh commented he would like to know what the thoughts are from the neighbor who would be asked to have a trail in front of their properties. City Administrator Loftus stated they have not been contacted but that there is an open house planned for October 27. Loftus stated this concept could be presented that evening if the Council would like. Council Member Levang commented the open house would be a good opportunity for the City to get the feedback of the residents before the Council makes a decision and that she would like to ensure the, residents are well notified prior to the open house that this is being considered. Walsh stated the City should make sure the two property owners are spoken to prior to the open house. Edwards stated the existing trail plan has a shared use trail going down Old Long Lake Road and the new proposal would shift it along Wayzata Boulevard. McMillan asked whether anyone would like to provide public comment on this item. Rick Meyers, Park Commission Chair, stated as a general principle, the Park Commission likes to see connections to the trails, but that his question is how it would be funded. Meyers stated they could have the residents come to a Park Commission meeting to discuss it as well. Meyers stated the Park Commission also looks favorably upon any plans where the City shares in the costs with other parties. Lcvang asked when the next Park Commission meeting will be. Page 3 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 3. CSAH 112 PHASE 2 DESIGN AND TRAIL EXTENSION (continued) Meyers indicated it would be in November and that there is a work session in October. McMillan commented the next official Park Commission meeting would be a good time to have the Commission review the proposal. Levang stated in her view it would be important to have the Park Commission weigh in on this issue. There were no further public comments. McMillan noted the first November Council meeting would be November 14. Moiler stated there is some flexibility in the schedule and that they could wait until November 14, The City Council took no formal action on this item. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 Finance Director Olson noted the Council has discussed the preliminary budget as part of the last three Council work sessions. The preliminary budget and tax levy was presented to the public at the September 12 Council meeting. As required by state law, the 2017 preliminary tax levy is required to be certified to Hennepin County by September 30. In order to meet this deadline, the preliminary budget and tax levy needs to be adopted at tonight's meeting or else a special meeting will need to be called before September 30. Olson noted following adoption of the preliminary levy, it can only be decreased until the time the final levy is adopted in December and that public comment will also be allowed at that time. The 2017 General Fund revenue budget is projected to increase 3.8 percent, which does include an increase in property taxes of $180,744 or 4.5 percent. Olson noted the City's tax levy has not increased significantly in the past few years. The biggest reason for the levy increase in 2017 has to do with contract and step wage increases as well as an increase in public safety charges of $61,000. Olson noted the Mound police contract has an inflator of 2.5 percent. Olson reported the expenditure budget will increase $279,294, which is a 3.62 percent increase. Olson stated the City's expenditure budget consists largely of wages and contracted services, with 64 percent of the budget being personnel services followed by professional services. Olson commented Orono budgets very conservatively and does not have a lot of discretionary items in the budget. Olson noted supplies and maintenance is only 8 percent of the budget and that the other expenses category includes electricity and gas and other similar items. Olson stated wages and benefits for next year's budget have a lot to do with the increase. Non-union step increases equal $18,000. Olson noted non-union wages has a two percent COLA increase, which adds $32,000 to the budget, and union step/longevity increases amount to $45,000. Olson noted the City had more senior police officers that have retired and that they were replaced with younger officers, which has resulted in the increased step increases. Page 4 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) In addition, workers comp for the police department adds $36,000. Olson noted the City's rating went from .75 to 1.0 and that the City did have a couple of very expensive workers comp claims, which resulted in an increase to the workers compensation premium. Other increases in the General Fund include software licensing at $8,000, cloud backup at $6,000, LOGIS application at $8,000, Comprehensive Plan updates and mapping at $18,700, professional services for the Navarre Plan at $30,000, for a total amount of $60,700. Olson stated also included in the tax levy is the debt service levy, which is staying the same in 2017. The pavement management levy is being increased to $401,506. The total of all proposed levies is $5,353,730. Olson noted there was some discussion at the August work session to leave the pavement management levy at its current level and to sell bonds. Olson stated a decision about whether to bond or not bond will need to be made tonight. Olson noted Council Member Printup sent him an email earlier today asking him what would happen if the pavement management levy disappeared. Olson stated basically the entire increase from last year's tax levy and this year's tax levy is $400,000 and that an argument could be made that every penny of the tax levy increase for the last two years has gone straight to road projects. Olson stated since 2011, Orono has been well below the average statewide number for property tax increases. Olson noted on an average tax bill in other cities, 28 percent goes to the school district, 28 percent goes to the city, 28 percent goes to the County, and 12 percent goes to the State of Minnesota for commercial/industrial property. In Orono, 46 percent of the tax bill goes to the County, 30 percent goes to the school district, and the City receives approximately 15 percent of the average tax bill. On average other cities have increased their taxes by 9.44 percent more than the City of Orono, which would equate to $475,000. Olson noted since 2010, Orono's levy has increased 6.18 percent, which is lower than a number of other local cities, and that the City of Medina increased their taxes by 36 percent since 2010. Olson stated overall Orono has done a very good job at controlling the tax rate but that the City Council will need to decide how to fund some necessary road improvements. Olson stated if there is no change in property values and with a tax levy increase at 8.06 percent, which would increase the pavement management levy to $401,000. On a $250,000 home, that would result in s savings of $10.82. On a $500,000 home, that would result in a savings of $23.00, on a million dollar home the property owner would save $51.75, and on a $2 million home the property owner would save $109.00. If a 5.19 percent increase is assumed on property valuations, taxes on a $250,000 home would increase by $12.00 per year and on a $2 million property the taxes would go up by $101.50. Olson noted those increases or savings only reflect the City's portion of the tax levy. Olson indicated he can answer any questions the Council may have. McMillan noted there are no assumptions being made for refunding in either of the resolutions adopting the preliminary budget and levy. Page 5 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) Olson indicated that is correct. Olson stated what will happen is before the City can actually refund, the City has to go out to the market and there has to be a certain percentage of savings prior to any refund. Mayor McMillan asked if there are any public comments regarding this item. Rich Anderson, 3205 Crystal Bay Road, stated what Ron Olson just showed should be included in the City's newsletter where it talks about the City of Orono's share of taxes and where it comes from. Anderson stated if those parameters are laid out as to how Orono gets paid, that would be very helpful to the residents and that he would suggest it be included in the City's newsletter. There were no further public comments. Council Member Printup thanked Ron Olson for pointing out that 100 percent or close to it was dedicated to the streets over two years. Walsh stated the City Council has an obligation to make sure the City has a road funding mechanism going forward and that the City got a good start on it last year by putting $188,000 in the pavement management fund. Walsh commented it would be prudent to keep doing that. Walsh stated one of the City's biggest obligations is to make sure there are police and fire protection as well as adequate infrastructure. Walsh indicated he would support the $5,353,000 levy. Council Member Cornick stated he is in agreement with Council Member Walsh and the numbers outlined in the presentation. Levang stated she is more interested in the 5.19 percent levy and that the City Council should be entertaining a $1 million bond to make sure the roads are addressed. Levang noted if the City goes with a 5.19 levy, the tax rate would decrease. Levang stated the opportunity to benefit from a tax rate increase does not coxae along very often and that the City has a way to fund a considerable number of road projects as well as lower the tax rate. Levang indicated she is not interested in the 8.06 percent levy. McMillan stated the City will be going out to the bond market to refund for $2.8 million and that adding $1 million to it would be timely to capture the low rates. McMillan stated having a little bit bigger bonding issue makes the City more attractive to investors in terms of the bond rate and it will give the City a chance in the next year or two to complete a number of mill and overlay projects. McMillan stated if the City was not going out to the bond market, she would be hesitant to do that, but that they would be able to get more roads done with the additional bonding. McMillan stated in her view it is prudent investing and that she is in favor of the 5.19 percent. McMillan stated if the Council is not comfortable with the 5 percent, they could reduce it lower depending on the interest rate the City receives. McMillan stated in her view an 8 percent increase is a lot and that the City has not been above 5 or 6 percent in a long time and it also sets a new rate. Walsh commented this is a stark contrast between him and the Mayor and that bonding is for exceptional projects rather than for items that should be included in the budget. Page 6 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) Walsh stated it also ties the hands of future councils for 10 to 15 years. In addition, the City would be adding another $120,000 of debt in every one of those years and then the next year the City will not have any money to maintain the roads. Walsh stated at the end of the day, if the City just bonds for it, the City will have no money the following year and they will have tied the Council's hands for the next 10 to 15 years. Walsh noted the City has spent a lot of money over the past 5 to 10 years, such as spending an extra half a million dollars on the police department project and purchasing an island. Walsh stated the City's budget needs to be prudent and sustainable and that borrowing for typical standard things the City should do is not prudent. Levang noted one of the things that could happen with a higher tax increase is that it will tend to keep going up in the future and that the City has an opportunity to decrease the tax rate rather than compounding year after year. Levang stated the City has not been able to pay for road projects and that a number of projects have been delayed. Levang stated with bonding for a million, the City will be able to tackle more of the roads, which makes the citizens happy. Levang stated improving roads is expensive and that she wants to see more roads improved. McMillan noted the City has used more than $400,000 in budget surpluses to repair roads over the past couple of years and that the City cannot bank on the fact that there will be surpluses going into the future. McMillan stated in her view the bonding will allow the City to complete more road projects, and that if the City does an 8 percent levy, they will get an additional $230,000, which will only repair Fox Street, but that there will be no additional money to do any mill or overlay projects or preventative work on the other roads. McMillan stated the City needs to reconstruct roads and maintain roads and that in her view the $1 million bond will give the City a chance to get a good start on those. McMillan stated in future years can use the Pavement Management Fund. Walsh stated the comment by the Mayor that the City cannot bank on the fact that there will be surpluses is right, but that is what the mayor has done over the past few years. Walsh stated if the City increases the pavement management fund to $400,000, then the next year the City will have $400,000 as well as the year after that. Walsh stated if the City bonds, they will have to come up with additional money to fund the debt on the bond and that it is not as simple as getting a million dollars. Walsh commented it is the City's obligation to fund the police department, the fire department, its infrastructure, and to have a sustainable budget. Walsh stated he will make sure that is done under his watch. Levang noted it takes a majority vote and that Council Member Walsh should not take sole credit for something that everyone voted on. Walsh commented that practice started the year he came on the Council. Page 7 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 4. 2017 BUDGET AND PRELIMINARY LEVY — RESOLUTION NOS. 6675 and 6676 (continued) Printup asked what the dollar amount difference would be between the 8 percent and the 5 percent. Olson stated $218,000 would not go to the pavement management plan and that the difference would be approximately $107,000. Printup commented whether the levy goes up 8 percent or 5 percent, the difference would be approximately $100,000. Olson indicated that is correct. Walsh noted the City cannot increase the levy after the resolution is adopted. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6676, a Resolution to Adopt the Preliminary 2017 General Fund Budget and to adopt RESOLUTION NO. 6675A, a Resolution Adopting the Preliminary 2016 Tax Levy Collectible in 2017 in the amount of $5,353,730. McMillan noted if the bonding goes well, the debt service would likely be less than $100,000. Levang asked if the motion includes the 8 percent levy. Walsh stated that is correct. VOTE: Ayes 3, Nays 2, McMillan and Levang Opposed. PUBLIC CO_-NIMENTS Margaret Radke, 3424 Eastlake Street, Orono, stated she is a first-time candidate to the Orono City Council and that her motivation is as a result of a civic commitment. Radke stated her issue is with the Orono Watch for You newsletter that has come out a number of times over the last 18 months with the byline of illuminating local government. Radke stated the most recent edition, Volume No. 7, clearly campaigns for Denny Walsh but that there is no disclaimer. On the back side of the newsletter, Radke indicated she is listed at the bottom and the information on her is inaccurate. The information listed is for another candidate with their e-mail address and their telephone number. Radke stated that means that anyone trying to reach her would not be able to but would instead reach Candidate Brad Maenner. Radke stated this is a serious egregious error and damages her attempts to run for the City Council. Radke stated the violation is an act of ill-considered negligence and possibly a deliberate attempt to corrupt the campaign process. Radke stated in her view the gravity of this violation is most severe since it is sent to all voters and there are only six weeks left until the election. In addition, it misleads as well as creates an unfair campaign advantage by directing them to an opponent, one of which supports Denny Walsh. Page 8 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Radke stated she also believes in open discussion that is done in a respectful and professional manner and that this is the type of conduct that she would expect out of the City Council and it is reflective of what Orono residents would prefer. Radke stated the newsletter is exactly the opposite since it is one-sided, slanderous and degrading. Radke noted the newsletter always supports the position of two City Council members, provides no contact person or physical address and only an anonymous Gmail address. Radke stated if anyone was as strong of an advocate for her as this newsletter is for Denny, she would think she would know who they are. Radke stated in the spirit of transparency, she would ask Council Member Walsh if he knows who is or may be involved with the newsletter. Radke indicated she is not going to send a letter to an anonymous, faceless email address. Walsh stated it is not his publication. Radke noted she asked if Council Member Walsh knows who is or might be involved. Walsh indicated he does not know exactly who is writing it. Walsh stated someone emailed him and that he received the same anonymous email. Radke asked if he is stating for the record that he does not know or cannot figure out who it is. Walsh stated he receives them in the mailbox just like she does. Radke stated that was not her question. Radke stated she asked who is or may be involved with the newsletter. Walsh stated he does not know who is writing the newsletter. Radke stated she would then ask the City Attorney what her options are and what can be done to help reveal who is behind the newsletter. Mattick noted he represents the City Council as a whole and not Ms. Radke as an individual. Mattick stated he works at the direction of the City Council. Mattick stated in terms of what the options are, if a resident feels a campaign violation has occurred, they can contact the secretary of state. Radke indicated she will be doing that. Mattick stated there is nothing in his capacity as City Attorney that he can do to help her. Radke asked if the City can subpoena someone to help determine who is behind this. Mattick stated to his knowledge they cannot issue a subpoena regarding this, and that if there is a state law or city code that has been violated, the police department could perhaps look into it. Mattick stated in terms of the City Council itself, they do not have subpoena power in this case. Radke indicated she will be taking action to take it to the secretary of state. Levang recused herself from the dais. Page 9 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Lizz Levang, 4010 Bayside Road, Orono, stated like Margaret Radke, she finds the fliers sent to the residents of Orono and surrounding communities to be disrespectful and divisive, which she has stated in the past. Levang stated as an elected official, she accepts that her votes will be scrutinized and even challenged_ Levang stated this publication goes far beyond the bounds of decency and instead discredits citizens, city staff, volunteers and neighbors with its criticism. Orono citizens and its neighbors do not deserve to find this propaganda in their mailboxes and for fellow citizens to be treated with such an egregious level of irresponsibility and carelessness. Levang stated the newsletters contain sensationalized headlines and stories steeped in falsehoods. Levang indicated she has filed a complaint with the Secretary of State, Office of Administrative Hearing. Levang stated while she would like to address the many false allegations in the fliers, there is not enough time tonight. Levang stated what she would like to do is raise the issue about transparency and the allegation that she and Mayor McMillan voted against videotaping the Planning Commission out of an unwillingness to be transparent. Levang stated nothing could be further from the truth. Levang stated she voted against this proposal for several reasons. Levang stated the first reason is that there are essential differences in the roles of the Planning Commission and the City Council. Planning Commissioners are unpaid volunteers, appointed by the City Council and serve as advisors to the City Council. The votes they make are advisory only. Every application processed by the Planning Commission comes to the City Council for continued study and ultimately a final vote. On the other hand, City Council members are elected officials and are elected based on citizen votes. City Council members are also paid. Every application the City Council processes comes with a recommendation by the Planning Commission, which are either upheld by the City Council or denied. Levang stated she also takes offense at the ungrateful attitude these fliers have shown to Orono's Planning Commissioners who work tirelessly as volunteers for the City. Levang stated it is not unusual for their meetings to run past midnight. Levang stated it is important to note that on two occasions Planning Commissioners have said that they do not want videotaping. The first occasion was on February 3 and then again on May 16 where the commissioners said no to videotaping. Levang questioned whether she is to disrespect the Planning Commissioners. Levang stated as all Planning Commission recommendations are reviewed and voted on by the Council, it would be a redundant process. More importantly, the vast majority of applications before the Planning Commission are residential in nature and not commercial. Levang stated this is an important distinction. By videotaping, it would be putting Orono citizens on display as well as their lifestyle choices, such as how many bathrooms they have, where their bedroom is, and fin-ther providing details of their life that is not the business of anyone with a computer. Levang stated people move to Orono for privacy and one appearance before cameras is enough. Levang noted for the record that every application before the Planning Commission is noticed in the newspaper of record, posted on the City website, sent out to those on the City's listserv, put on the bulletin board of the post office of record and posted at city hall. Applications are also placed on the City's website in advance of the Planning Commission meeting. Page 10 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Citizens are welcome to come to city hall to review any and all applications prior to the Planning Commission meeting. Levang noted Planning Commission meetings are audiotaped and minutes are made of every Planning Commission meeting, and once the minutes are approved, they are put online. Levang stated that is transparency. Levang stated contrary to what the flier says, nothing is being hidden. Levang stated to accuse her and Mayor McMillan of a lack of transparency flies in the face of the facts and that the two of them were responsible for securing funding for the City's new camera equipment and software to better tape, live stream and archive the City Council meetings. In doing so, Orono now has live streaming of the City Council meetings, which is something few cities have. On demand viewing is significantly faster and more effective than it was in the past. Levang stated she and Mayor McMillan are responsible for the creation of a communications committee and the publication of three newsletters each year. New content has been added to the City's website because of those efforts. Levang indicated she also worked to institute an anonymous online complaint form for the residents. Levang stated the duplicity shown by those connected with the flier is not lost on the citizens of Orono. Levang commented those who put out this flyer scream that she and Mayor McMillan are not transparent, which is untrue. Levang noted she votes openly with no hidden agendas and no behind doors maneuvering. Levang stated she is an open book and that anyone can call, email or write her at any time. Levang indicated she is happy to discuss any issue. Levang questioned where the transparency is behind the individual or group of people behind the fliers and why they are afraid to be transparent. Levang stated if transparency is as critical of an issue as they try to make it, then why are they not willing to walk the talk and why are they attempting to hold her to a standard that is different than what they have for themselves. Don Germanson, 1501 Bayridge Road, stated it is easy to say that the national political scene is bizarre and unusual this year and that the Orono mayoral race is following the same track. Germanson indicated he has been approached by both mayoral campaigns asking to erect a yard sign in front of his house but that he delayed the decision to educate himself on the candidates. Germanson commented it took him about five minutes after seeing the flier in the mailbox before he called Mayor McMillan and told her that he will be voting for her. Germanson noted Mayor McMillan has put in 24 years with the City of Orono but that the flier lists only three credentials to her name while her opponent has nine things, which is unbelievable. Germanson noted that the flier also states that Mayor McMillan voted against having hardcover within the 5 -foot side setback. Germanson stated he has a personal history on that one where 25 years ago that rule saved them from having to look at a brick wall from their dining room. Germanson stated the City needs to have that type of rule. Germanson commented he will be voting for Lili McMillan, and that for all the people that seem to be teamed up with Lili's opponent, he will not be voting for them. Mayor McMillan recused herself from the dais. Page 11 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Lili McMillan, 1275 Lyman Avenue, indicated she has also filed a complaint regarding the recent Orono Watch for You with the MN Secretary of State. McMillan stated she is going to talk about Volume 6, which came out in July. McMillan stated that flier has a graphic on the front that people should see. McMillan stated in her 24 years of involvement with local government, she has never seen such a smear campaign as portrayed by the Orono Watch for You fliers which started last year. Mc -Millan indicated many of her fellow mayors have said the same thing to her as the Orono Watch flier goes out to a broad area beyond Orono. McMillan stated in particular the photo in the July flier stands out for its graphic portrayal of some of the City Council members. McMillan stated her reaction when she sees an image like that is that it is demeaning and diminishes her work and the good work of her fellow council members. McMillan stated her other thought was that this could be an attempt to intimidate the three of them from filing for re- election a few weeks later. McMillan stated regardless of the intent, it should be called what it is, which is a blatant form of adult bullying. McMillan noted the public has heard from a few people tonight on how it reflects on the Orono community. McMillan commented the schools spend an enormous amount of time and energy focusing on character building and developing attitudes to prevent bullying in children and young adults. McMillan questioned what is conveyed to a child who comes home from school to see this graphic on their kitchen table. McMillan questioned how the schools can teach children not to bully when they see adults trying to bully other adults. McMillan questioned whether this undoes all the good work the schools try to do as well as potentially scare a child from ever wanting to serve his or her community when council members are portrayed in this manner. McMillan stated this is shameless behavior that should never happen in Orono. McMillan noted that every one of these seven fliers are slanted to support Council Members Printup and Walsh. McMillan requested that Council Members Printup and Walsh demand that the person or people behind this post a disclaimer. McMillan stated the fliers are expensive and that someone has spent tens of thousands of dollars to distribute them. McMillan stated the fliers are being forced upon the citizens and that she received a letter today from ;3 citizen who was fed up with this coming in the mailbox. McMillan stated in her view the citizens of Orono deserve to know what is going on and who has something to gain by doing this. McMillan stated in addition to the misinformation, harassment, intimidation and bullying, this piece is the most nontransparent event to happen in Orono in the last six years. McMillan stated she hopes it stops. Ralph Kempf, 3675 Togo Road, stated he does not like politics and that he usually winds up with a knot in his stomach when he sees what is going on, particularly in national politics. Kempf stated he wanted to do something for the community and so for a number of years served on the Planning Commission as well as the chair. Kempf stated he recognizes that the Mayor and Council Member Levang were the ones that did make the meetings much more transparent by making them available to live streaming rather than someone having to wait for a particular time on a particular channel. Page 12 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Kempf stated they have been very instrumental in the transparency that is going on with the City and that to portray them as exactly the opposite is totally beyond him. Kempf stated the other thing he would like to say is that he was a volunteer and was never paid when he served as a member of the Planning Commission. Kempf stated he recognizes how difficult it is to ask somebody to serve as a planning commissioner since it is a very hard job. Kempf commented it is not as hard as the City Council but that it is a total volunteer job. Kempf stated he is not sure how many of the people that served with him would have served if they were on television. Kempf noted the current Planning Commission has some history and strength but that most of these people are new to the government process and that it is hard to sit in front of contentious citizens and tell them that they cannot do what they want to do but that being on television would make it that much harder. Kempf stated when the City first started televising the Council meetings, one of the things he was concerned about was that there will be a whole bunch of advertising by someone for their campaign because there is an audience. Kempf stated he would encourage the Council to keep that to a minimum since it is not pleasing to watch campaigning from the dais. Kempf noted he did not see this last newsletter, but that it is obvious that the budget for it is well beyond anything that has ever been spent on Orono politics before. Kempf commented he cannot imagine the tens of thousands of dollars that are being spent on this election and that it brings the worst of what is in the national political scene today to Orono. Kempf commented he is terribly disappointed and that he wishes it had not come down from the national level to their hometown. Loren Schoenzeit, 4484 Forest Lake Landing, stated whether the City is spending $200,000 on roads or a million dollars on bonding, he has not really seen any bottom-up costs. Schoenzeit stated whether the goal of the City is to hit every road every 20 years or 25 years, they certainly need to budget a certain percent every year so as to not lose ground. Schoenzeit stated it is not clear if the City is making progress and that he would encourage some bottom-up finance discussions so the Council can figure out what the right number is in order to gain ground and meet a target level. PUBLIC WORKS/CITY ENGINEER REPORT 5. FERNDALE ROAD WEST DRAINAGE STUDY Edwards noted a couple of months ago the Public Works Department was approached by the residents along Shoreline Drive and West Ferndale Road with concerns about increasing water levels in the wetlands that abut and are on their properties. The Public Works Department discovered some maintenance issues that were dealt with but the residents still have concerns about the amount of water that is in the wetlands and the elevation of that water. The Council should consider the following: 1. Changing the elevation or capacity of this culvert would require multi -agency approvals, such as the Army Corps of Engineers and the Minnehaha Creek Watershed District. Page 13 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 5. FERNDALE ROAD WEST DRAINAGE STUDY (continued) 2. The water level difference on each end of the culvert was 2.25 inches when measured on August 24, 2016. 3. The culvert is in good condition and appears to be functioning as designed. Edwards stated the purpose of this item is to gain the Council's decision on whether to pursue a drainage study to determine the feasibility of lowering a culvert in the vicinity of Femdale Road West. The cost of the study is not to exceed $7,000 and the cost for replacing the culvert would be $5,000 to $10,000. The project has not been budgeted for this year but the study and project could be funded from the Storm Water Fund. Staff recommends the City undertake the drainage study but with the understanding that it may show that benefits from alteration to the culvert do not outweigh the costs. The study itself will have value in that the City will gain a better understanding of the subject drainage area. Walsh commented having more information may be better in the long run. Walsh asked how the lowering of the culvert will alter the water height. Edwards noted this is the final culvert in the system and that currently the water only flows through this culvert if it exceeds the inlet elevation. The culvert will only lower the water to its lowest point. Walsh asked if the pond is the problem. Edwards stated that is correct. Edwards pointed out the culvert that goes underneath Ferndale Road is partially submerged and that has been replaced since the road was failing above it. Edwards noted they did not change the elevation of the culvert. Walsh asked if the study is really to find out if lowering the culvert will accomplish anything. Edwards stated the two things to consider with the study are lowering of the culvert or increasing the size of the culvert for those high water events to help move the water through the area quicker. Edwards stated it is a possibility that the City will spend the money on the study and find out that there is nothing that can be done Walsh asked if the culvert is above the lake. Edwards stated the outlet is above lake level but that there is a 2.24 inch difference between the level of the water on either side of the culvert. Edwards stated if the culvert was lowered as much as it could be, they would have only gained 2.5 inches on the upstream side. Walsh commented in drier summers it would have more impact than in wetter summers. Edwards stated there is also the possibility that if the culvert is lowered and there is a really wet summer, the water could travel backwards. Page 14 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 5. FERNDALE ROAD WEST DRAINAGE STUDY (continued) Loftus asked if the 2 inch difference in the elevation of the culvert equate to a 2 inch lower water level in the pond. Edwards indicated it would. Loftus asked if the study would examine what practical effects lowering the culvert would have. Edwards stated it would and that it would also look at the capacity of the culverts upstream. Walsh asked what other agencies would need to be involved. Edwards indicated the City would have to apply for a permit from the Army Corps of Engineers and the Minnehaha Creek Watershed District but that it is possible the City would need to communicate with other agencies as well, such as the DNR. Printup noted the cost of the study is almost as much as the project itself and asked why that is. Edwards stated the cost of the study is related primarily to man hours and determining what exists for pipes, wetlands, and engineering time. Edwards stated to physically go in and lower the culvert is not an expensive proposition. Loftus asked if they could lower it by six inches or whether there are any limitations on lowering it. Edwards indicated it would be limited by the water elevation and that placing the culvert under the water level would not make any sense. Edwards stated the biggest limitations would likely be regulatory. Edwards stated one of the benefits from obtaining the study is that the City would have a better understanding of where the wetlands and infrastructure are for any work that is performed in this area later. Council Member Cornick asked if this is a seasonal problem, a constant problem, a rain problem or all of the above. Edwards stated it is a seasonal problem and that this is the eighth wettest summer on record. Edwards indicated there has been some maintenance upstream, and as those sections are cleaned out, the water comes down to this culvert at a faster pace. Edwards stated the problem happens to some extent every year. Levang moved, Printup seconded, to proceed with the drainage study for Ferndale Road West at a cost not to exceed $7,000. VOTE: Ayes 5, Nays 0. Page 15 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT Edwards reported on the following work performed by the Public Works Department: • Pothole patching has been completed on Bayview, Navarre Avenue, Olive Avenue, and Navarre Lane • Tree trimming was done at Wildhurst Watertown Road Phase 2 restoration is underway • Hunter and Tamarack striped • Storm structure inspections have been started and the new software is being utilized as part of that project • Hydrant maintenance performed Well construction underway Force main cleaning has been done in the Webster Hills area • Removed swim buoys at Summit and Lydiard • New informational sign was installed at the Navarre playground • Removed old fence and prepared for new fence at Lurton Park • Was invited to participate in the Orono Homecoming Parade Levang asked whether there have been any issues with swim buoys being removed or moved. Edwards stated to his knowledge one buoy is missing as well as one anchor buoy. Levang commented the new information sign at Navarre Park is wonderful and contains a lot of interesting history. Edwards commended the Park Commission put the information on the sign together. PUBLIC SAFETY REPORT None PLANNING DEPARTMENT REPORT — LOREN SCHOENZEIT, REPRESENTATIVE *6. #16-3851 PETER BLUTH, 2413 CARMAN STREET — VARIANCE — RESOLUTION NO. 6677 Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6677, a Resolution Approving Variances from Municipal Zoning Code Section 78-1437, for the property located at 2413 Carman Street, File No. 16-3851. VOTE: Ayes 5, Nays 0. 7. STREET NAME CHANGE REQUEST: FIRE STATION DRIVE TO RETTINGER DRIVE Barnhart stated the Long Lake Fire Department is requesting to change the name of the public road from Fire Station Drive to Rettinger Drive. Page 16 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 7. STREET NAME CHANGE REQUEST: FIRE STATION DRIVE TO RETTINGER DRIVE (continued) Fire Station Drive currently serves two lots; one being the fire station and the other being the vacant lot to the east, which is currently used for the community garden. No private lots will be impacted by the name change. Staff would also recommend the City Council direct Staff to draft a policy regarding naming of streets and parks in Orono. Printup commented he thinks it is a good idea and that Rettinger is a long-time family name in the area. Chief James Van Eyll stated he was asked last summer if the fire department could do something to honor some of the previous firefighters. This is one of the suggestions that came about as a result of that discussion. Van Eyll noted there is still a Rettinger with the Fire Department today and that it would be a great honor for the family. Walsh commented it is a great idea. Walsh asked how urgent it is to develop a policy regarding naming of streets and parks. Barnhart stated it is not urgent but it is something the City should probably have. Levang moved, Printup seconded, to approve the street name change from Fire Station Drive to Rettinger Drive and to direct Staff to prepare for Council approval a policy regarding naming of streets and parks in the Orono community. VOTE: Ayes 5, Nays 0. 8. SEX OFFENDER ISSUE Barnhart noted at the August 22, 2016, City Council meeting, Staff was directed to compile additional information from Police Chief Farniok regarding the sex offender registration program, including what the state does in administering the location of sex offenders, the notice requirements, and what the purpose is of the meetings associated with the location of sex offenders. Barnhart noted a copy of Chief Farniok's letter has been included in the Council packet. Staff is looking for Council direction at this point. Levang stated when this came up the last time, she requested a public hearing since in her view it is appropriate to hear from the residents. Levang indicated she does not have any issue with what has been presented to the Council but that she would like the public to be able to ask questions and for the police chief to be at the public hearing. Levang stated she does not know that anyone on the Council except with the exception of Council Member Cornick could really answer some of these questions. Levang commented it is mainly about transparency and for the residents to understand the issues. Walsh agreed a public hearing would be good. Walsh commented he was not aware of what the actual designations meant and that the more input they get, the better. Page 17 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 8. SEX OFFENDER ISSUE (continued) Police Chief Correy Farniok stated the majority of the sex offenders are either Level I or unassigned. Those who have a designation of unassigned have gone through the criminal system but did not serve time. Farniok noted it is the Department of Corrections that designates their risk level from one to three. Those that are unassigned have not gone through the state criminal system and do not rise to the level of one, two, or three. Farniok noted people who are designated Level 3 are more likely to reoffend. Walsh commented the more information, the better, and the more public continent_ the better. McMillan commented the Chief's memo was very helpful and that perhaps it could be placed on the City's website. Printup stated his position has been clear all along and that the living arrangements of a sex offender are an important part of the Council's job to regulate in order to protect the residents. Printup stated the City could perhaps regulate the unassigned ones, which would help to ensure the residents that the City is protecting the community. Farniok noted that lower level risk information is confidential and that the police department cannot distribute that further except to the victim and witnesses to the incident. Farniok stated that would limit the City restricting those any further. Farniok noted some of the unassigned offenders may be under the age of 18, living with their parents, and are not likely to reoffend. Printup asked if the sample ordinances are not for Level 1. Mattick indicated they primarily concentrate on Level 3 offenders because of the likelihood to reoffend. Mattick stated the City can prohibit certain areas or require a certain distance from specific areas. Farniok stated the police department can impose sanctions on an unassigned person if it is felt there is a public safety risk. Walsh stated he did see that Level 3 is most likely to reoffend, a Level 2 is somewhat likely to reoffend, and that understanding those definitions is helpful. Walsh commented he was not aware there was an unassigned classification. Mattick stated the City Council can look at Level 2 since there is some likelihood they will reoffend. Farniok stated someone can be deemed a public safety risk based on their past practice and habits. Walsh stated the only way to stop someone from being within so many feet is to have some sort of policy. Printup stated he is fine with a public hearing if that is the consensus of the Council. Printup asked when a hearing could be held on it. Barnhart noted toward the end of the year is when the Council agendas tend to get fuller and that Staff can work with the city administrator to place it on the agenda as soon as possible. Page 18 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 8. SEX OFFENDER ISSUE (continued) Comick stated he would stick with his previous comments. Cornick noted they have a top ten police department in the State of Minnesota here in Orono, and along with a sex registration program, in his view that is adequate to protect the residents. Cornick questioned how an ordinance would be enforced if one is established. Cornick stated the City would not receive information on someone who wants to rent a house. Cornick stated he would like to protect the kids and the residents but that that's what the police department is for. Printup stated rentals in Orono might be something to think about as part of the application to the City Walsh asked how the ordinance would be enforced. City Attorney Mattick stated it could be made into a criminal penalty and that language could be included requiring someone to remain law-abiding. Mattick stated he would need to look at how the knowledge is acquired on a lower classification of sex offender and that restricting a Level III offender is a lot easier. Mayor McMillan asked if there is any public comment regarding this item. Rich Anderson, 3205 Crystal Bay Road, stated he has resided here for 38 years, and previous to that his grandfather used to live there and he would visit him. Anderson stated since living there, he has seen the ebb and flow of kids moving in and older folks passing away. Anderson indicated he knows all the residents that are on Crystal Bay Road and that he knows the people who walk by. Because of that, they gain a certain level of confidence in who they are and what they are doing. Anderson stated currently there are 10 to 15 kids that are under 10 years old that walk down the road. Anderson stated he would like to say kudos to whoever came up with this idea and that he has been thinking about this for a long, long time. Anderson stated this came home to roost when he heard about a 5 year-old girl was abducted and was eventually found dead. Anderson commented this is not a poo -poo thing but a real thing. Anderson stated one issue he has is with dock slip rentals. Anderson noted the City of Orono has a law against renting dock slips in Orono but yet he knows of at least six illegal renters that are renting dock slips. Anderson indicated two of those are on his street and that he has no idea who the person is that rents one of the dock slips. Anderson commented that could be happening on other streets as well. Anderson stated in his view there is a huge unknown factor there when these dock slips are rented to people they don't know and that the Police Chief wouldn't know if they are a Level I or II or III sex offender. Anderson stated that person could easily get to know the kids' schedules and the child could be abducted. Anderson stated in his view this is very positive and proactive step. McMillan noted someone can allow someone to use a dock slip without actually renting it, especially if they have more than one dock slip. Anderson stated the law reads that the dock slip must be used by the person who owns the property. Anderson noted the LMCD laws are totally different from the City's and that they cannot have a non- registered MN number. Page 29 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. 8. SEX OFFENDER ISSUE (continued) Anderson stated the City could require a rental fee and a background check. McMillan commented the City will need to look into it. Printup moved, Levang seconded, to direct Staff to coordinate a public hearing at the earliest possible time on the sex offender living arrangement issue. VOTE: Ayes 5, Nays 0. 9. LEVEL H HOME OCCUPATION LICENSE: 4415 FOREST LAKE LANDING — RESOLUTION NO. 6678 Walsh stated on Page I of the resolution he wanted to make sure that the request for a Level II home occupation license for all requests in 2016 and 2017 will be denied. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6678, a Resolution Denying a Level II Home Occupation License for the Property at 4415 Forest Lake Landing. Barnhart stated since the City Council denied the Level 11 home occupation license, the Lines are not allowed to do any recitals on their property and a letter has already been sent to them to that effect. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh reported he attended the Navarre Festival and that there were a lot of activities, vendors, and was overall a fun event. Walsh stated he had dinner the other day with Sheriff Rick Stanek and part of the discussion was whether the Fire Department could have permission to put the fire boat at the new Hennepin County dock. Walsh noted part of the approval was no overnight dockage. Sheriff Stanek said he does not think it would be a problem to have it there. Sheriff Stanek looked into it and indicated that he cannot bring it to the board until the City amends their ordinance. Walsh stated he would like to have that on the next City Council agenda. McMillan suggested Staff look into it and report back. Walsh commented it could be placed on the agenda and Staff could look at it in the meantime. Walsh noted it would not go into effect until next year. Walsh stated it is his understanding the fire department has been looking for a location for quite some time. Walsh moved, Printup seconded, to place this item on the next City Council agenda. McMillan stated she would like to avoid having motions made during the Mayor/Council Report and that she would like to give people a chance to think about the issue and the appropriate process to use. McMillan noted this issue does not need to be done in the immediate future and that delaying it would give people a chance to think about it. Page 20 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Walsh stated placing it on the agenda would help keep it moving forward. McMillan stated she understands about getting the process going but that she is cognizant of the need for the City Administrator and Staff to have time to research some of this. McMillan stated she is fine with mentioning it during the Mayor/Council Report and directing staff to do something, but that she would like to avoid motions being made during the Mayor/Council Report. Walsh stated things get mentioned but then they get kicked down the can sometimes 12 months later. McMillan stated some of it is about building consensus on the City Council and that she did not get a phone call about it. Walsh stated he just found out about it today and that the Mayor can either vote aye or nay on the motion. McMillan stated she does not want to turn the mayor/council report into a bunch of motions. McMillan stated she would prefer he speak to Jessica about it and she can report back to the Council. McMillan stated she is asking Council Member Walsh to be more cognizant of Staff and the other council members about something that came out of the blue and wanting to make it a formal agenda item. Walsh stated he appreciates the Mayor's concern on that but that there have been a number of items that have not been put on the agenda. Walsh stated this is the only way it gets on the agenda. McMillan stated that is not necessarily true. McMillan noted Council Members Walsh and Printup are on the Fire Advisory Board and that she does mind him bringing it up and saying the Council should consider it but that forcing something to a vote is getting tedious. Walsh commented it seems like an obvious thing and that they can either vote aye or nay on it. McMillan stated it may be obvious to Council Member Walsh but that it may not be obvious to everyone else. McMillan stated she is asking for him to wait out of respect for the rest of the Council and that immediately bringing it to the Council for a vote does not show respect for the other council members who might want to think about it. Walsh stated that is how it gets on the agenda and that is how it gets talked about. Walsh commented he can provide examples of other items that were brought up and not placed on the agenda. McMillan stated that is not true. Cornick stated he would like to see some indication or documentation so there are no communication issues that Sheriff Stanek agrees with this. Walsh noted Police Chief Farniok is here and he can talk about it. Cornick stated he would like to see some documentation from Sheriff Stanek to avoid any communication issues or conditions that he might be proposing. Page 21 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Printup indicated he is in agreement with both Council Member Cornick and Council Member Walsh. Printup stated the motion is intended to help direct Staff. Cornick commented it is putting the cart before the horse. Loftus stated the ordinance was approved with an application the Sheriff submitted to the City, and that in her view if the Sheriff wants that change, he should put the request in writing. Walsh stated what he is hearing is Fire Chief Van Eyll will talk to Sheriff Stanek and get some confirmation of the proposal and then it will be placed on the agenda. Loftus asked if the Fire Advisory Board should discuss it. McMillan stated the Fire Advisory Board should also be approached about it. McMillan stated to put it on the agenda for the next meeting is not fair to all the parties. Printup stated it is similar to the sex offender ordinance, which was dealt with at Staff's earliest convenience. Printup stated this is not that complicated and that it is directing Staff to compile the information. Printup commented it could be in two weeks or else he is open with the time frame. McMillan asked when the next Fire Advisory Board meeting is. Fire Chief Van Eyll stated there is not one scheduled currently but that typically there is one at the end of October, early November. McMillan suggested talking it over with the Fire Advisory Board first and obtaining some recommendations from them prior to this being put on the City Council agenda. McMillan requested Council Member Walsh be fair to everyone involved. Printup stated he is fine with it being on the October work session agenda but that he would like to see the discussion get started. McMillan commented the Council is a team and that everyone has issues they want to deal with right away. McMillan stated the individual council members need to show respect to everyone on the Council as well as Staff and not do what they want to do right away. McMillan stated the Council needs to communicate and talk to each other about what they would like to do, which does not mean that someone has to drop what they are doing in order to bring it back in two weeks. Walsh stated he appreciates that. McMillan noted the Council has spent a fair amount of time this year discussing issues raised by Council Members Printup and Walsh, and that out of fairness they need to step back a little bit and look at what works the best. Page 22 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. AIA YORICOUNCIL REPORT (continued) McMillan stating bringing it as a motion and putting it in front of somebody puts everybody on high alert and that she would like them to be more respectful and instead say that this is an idea I would like you to think about. McMillan stated that is a friendly and respectful approach to teamwork rather than making a motion right away. Walsh commented that is her perspective, which is fine, but that they feel they have to make motions in order to bring it to the table. McMillan stated she is asking him to look at it from a team perspective. McMillan requested the motion be read back. Walsh moved, Printup seconded, to place this item on the next City Council agenda. McMillan asked if they would like to keep the motion as is based on the discussion. Printup indicated he is open to amending it to the earliest possible date but that it is important to have the conversation. Levang stated the motion is confusing. Levang asked if they are voting on bringing this topic up or whether they are voting that it needs to be done ASAP. Walsh stated his motion was to put it on the next Council agenda but that he would be willing to amend it to the following Council meeting. McMillan suggested it be placed on the November 14 Council agenda since then there will be a chance to discuss this issue with the Fire Advisory Board. McMillan noted the next agenda will have a couple of sketch plans and other items from the Planning Commission. Walsh amended his motion, Printup seconded, to place overnight dock storage by the Hennepin County Sheriff's Office on the City Council agenda for November 14. Barnhart noted it is a zoning ordinance and would need to go before the Planning Commission first. Barnhart stated the earliest it can be placed on the Planning Commission agenda would be October. Loftus recommended they wait until an application is received and then placing it on the Planning Commission agenda. Walsh asked who would fill out the application. Barnhart indicated it would be the Hennepin County Sheriff. Loftus stated the City would ultimately need their permission to change the ordinance. MAYORICOUNCIL REPORT (continued) Page 23 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. Walsh requested Staff forward him the formal application request form. Loftus stated it would be a formal written request and not a formal application. Walsh indicated he has nothing else to report. Cornick stated he was not going to go unheard on the issue of the Orono Watch for You but that he is struggling with what he would like to say. Cornick stated in the interests of respect for his fellow council members, while he has an opinion, it is not appropriate to put it out there. Cornick reported during the Navarre Festival he trained 20 to 25 children at the bike rodeo and that Candace deserves the credit for the helmet donations. Cornick indicated they gave away more than a dozen helmets. Levang reported the Navarre Community Festival was a tremendous success and that they had over 300 people attend the event. In addition, there were some new games, more vendors, and wonderful support from the businesses that ranged from in-kind donations to cash donations. The bike rodeo run by Council Member Cornick was very successful. Levang indicated they had entire families that came with snowmobile helmets and left with bicycle helmets. Levang stated the Navarre Community Initiative Group should be extremely proud of the work that was done. Levang indicated they also came up with a Navarre t -shirt that was sold during the event which are still available for sale at Gallery Navarre, and that a number of miniature street banners were also sold. Levang noted Mary McKenzie was the artist of the banners and was present to sign them during the event. Levang stated overall it was a wonderful event and that they received a lot of great feedback. Levang stated she would like to thank all the sponsors for their generous donations and the people who participated. Levang stated following the end of the community festival, the Orono Police led everyone down to Livingston Park where there was a ribbon cutting ceremony with the Mayor and the City Administrator in attendance. Levang indicated some lovely pictures were already published in the local newspaper and more will be in the next newsletter. Levang commented the informational sign that was designed especially for that park is a real tribute to the history of that land. Levang stated she would also like to thank the Park Commission for their work on improving the park, and especially Rick Meyers, since it was his vision for the park. Levang stated it is an outstanding model of what can happen in the community. Printup reported he attended the homecoming parade on Old Crystal Bay Road and that it was neat seeing the Public Works Department there with their new truck. Printup suggested the Orono Golf Course consider offering some special deals in conjunction with the Ryder Cup. Page 24 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan stated she would like to thank the Navarre Community Initiative for all their hard work on the festival and that there was a lot of great food, great weather, and good music. McMillan commented a lot of work went into organizing it and that it was a great event. McMillan reported the Long Lake Waters Association would like to host a water summit tentatively on October 26 and that they are attempting to bring in representatives from the DNR and the Pollution Control Agency to talk about water quality issues. McMillan recommended Staff try to get something on the City's website about the summit. McMillan stated the attention being placed on water quality is good for Lake Minnetonka as well. CITY ADMINISTRATOR'S REPORT Loftus reported the City has received some complaints regarding placement of campaign signs and that she would recommend they be placedl 8 feet from the pavement. Loftus noted there are restrictions against placing campaign signs in the right-of-way. *10. PROSECUTING ATTORNEY — REQUESTING FOR PROPOSAL (RFP) Levang moved, Walsh seconded, to approve the Agreement for Legal Services between the City of Orono and Kenneth Potts, Attorney. VOTE: Ayes 5, Nays 0. *11. LICENSES AND PERMITS Permit One Day Liquor License 1. Orono Lions for the Long Lake Fire Department P.O. Box 65 Orono, MN Levang moved, Walsh seconded, to approve the above -listed license. VOTE: Ayes 5, Nays 0. *12. CLAIMS/BILLS Levang moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. CLOSED SESSION 13. CLOSED MEETING — LABOR NEGOTIATION Printup moved, Levang seconded, to enter into closed session to discuss labor negotiations. VOTE: Ayes 5, Nays 0. Page 25 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 26, 2016 7:00 o'clock p.m. The City Council went into closed session from 9:30 p.m. to 10:32 p.m. ADJOURNMENT ATTEST: r U116 - legs, City Clerk god McMillan, Mayor Page 26 of 26