HomeMy WebLinkAbout03-11-2013 Council Minutes � ' ' MINUTES OF THE
• •� . ORONO CITY COUNCIL MEETING
Monday,March 11,2013
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 Aaron Printup,Kristi Anderson, and Lizz Levang. Representing
Staff were Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning
Coordinator Melanie Curtis,Finance Director Ron Olson, City Engineer/Public Works Director Jesse
Struve,Consulting City Engineer David Martini,City Attorney Soren Mattick, and Recorder Jackie
Young.
Mayor McMillan called the meeting to order at 7:00 o'clock p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
Item Nos. 8, 9, 10, 13, 14, 16, 18, and 19 were added to the Consent Agenda.
Levang moved,Printup seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. COUNCIL WORK 5ESSION OF FEBRUARY 25,2013
Levang moved,Printup seconded,to approve the February 25,2013, minutes of the Orono City
Council work session as submitted. VOTE: Ayes 4,Nays 0.
*3. REGULAR COUNCIL MEETING OF FEBRUARY 25,2013
Levang moved,Printup seconded,to approve the February 25,2013,minutes of the Orono City
Council meeting as submitted. VOTE: Ayes 4,Nays 0.
PRESENTATION
4. LMCC UPDATE
Sally Koenecke,Executive Director;Joe Huber, Executive Committee; Jim Lundberg,Operations
Manager, were present.
Koenecke addressed the Orono City Council regarding the franchise negotiations and noted the LMCC
had a meeting on March 7`�and finalized the priorities list. Due to a request from some cities,the LMCC
has added more detail to the plan to make it more comprehensive.
McMillan noted the Council did receive the updated list.
Page 1 of 27
MINUTES OF THE � •
ORONO CITY COUNCIL MEETING � " ,
Monday,March 11,2013
7:00 o'clock p.m.
(4. LMCC UPDATE, Continued)
Joe Huber,Executive Committee,noted he has been recently appointed to the LMCC Board. Mediacom,
in attempting to separate the cities from the LMCC, is a validation of the services that they provide to the
constituent cities. One of the absolute top proprieties for the LMCC is to negotiate for further build-out
of services at no cost to the cities. Mediacom has been making money,which is a good thing, but it
should not come at the expense of the cities. The second goal of the negotiations is improved customer
service.
Three of the volunteer executive committee members are computer communications industry executives
with over 75 total years of experience. Even though none of those members are from Orono, it does show
some diversity.
Huber noted consolidated services are not new to the area and that he can remember reading in the
newspaper a couple of months ago about how another city went through negotiations with Orono for
police services and that in his view the cities are stronger if they band together. Cities the size of Orono
cannot provide these types of services at the cost that are currently charged.
Huber stated Orono is a valuable member of the LMCC. In negotiations,the LMCC is looking far ahead
into the future and has included terms in the agreement so that if, for some reason local franchises no
longer continue,the City knows what happens to the money if they agree to some type of debt or money
payment.
Koenecke indicated she did provide some documents tonight as additional information. One is a program
report from the production manager to provide some insight into the programming. The other document
is a summary completed by a consultant hired by the LMCC and encompasses both a community needs
assessment and a technical assessment. The needs assessment included a survey of 300 people with cable
and 300 people without cable. It is a statistically valid survey which was used to justify some of the
priorities and key issues that in their view the LMCC should be looking at. The LMCC then took both the
technical assessment and needs assessment and studied them to determine the priority list. The first
priority identified by the consultants was extending cable to areas currently not being served and the
second priority was customer service.
As far as the LMCC's priority list goes, it was developed through focus groups and the survey. The
LMCC,when they go into negotiations,has to substantiate what they are asking for,which was the
purpose of compiling the reports. Both reports were submitted to the LMCC in their entirety but the
information provided to the Council may not include some of the raw data that was compiled for the
technical report but was summarized.
Koenecke indicated she has been invited to tonight's meeting to go over the LMCC's priority list.
Koenecke stated it is her understanding the city administrator received it prior to the meeting and then
provided that information to the City Council. In addition,the City Council did receive some information
from Mediacom but that she does not plan to analyze that report. If the City Council has questions as to
how the information might relate to Mediacom, she would be happy to answer those questions. The
priorities list has been approved by the executive committee.
Page 2 of 27
• • MINUTES OF THE
, � . ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(4. LMCC UPDATE, Continued)
For purposes of informal franchise renewal negotiations,the LMCC has identified certain past
performance concerns, including several franchise violations and future community cable related needs
and interests. These issues are addressed in a staff report entitled cable franchise enforcement history.
The LMCC intends to negotiate for a franchise that adequately addresses all past performance concerns
and future needs and interests. The following points highlight the LMCC's negotiation priorities. This
information supplements but does not replace or limit the performance concerns and future needs
identified in the LMCC report. All of the information in the reports stands to be used in the negotiations.
The LMCC has attempted to prioritize the main points,and the first priority is to provide for full build-out
of the LMCC franchise area, including all underserved member cities,within five or fewer years.
Koenecke indicated she has requested Mediacom cover the first 350 feet of drop, coordination with other
communities in these subdivisions, and the securing of an appropriate bond to secure completion. The
reason the LMCC has elected to go with the 350 feet is that the majority of the complaints from Medina
has to do with residents who cannot receive serve. The LMCC felt the issue has to do with the length of
the driveway. Currently the LMCC requires the company to do a site survey,which measures the
distance from the plant. They then give the resident a formula to figure out how much the residents have
to pay. Due to the costs,the residents generally do not sign-up for the service. The figure of 350 feet was
determined following some research conducted on the internet that show there are companies currently
who are asking for 350 feet.
Koenecke stated one of the reports talks about Mediacom being a good performing system and outpaces
national trends in all areas except for digital and cable phone subscriptions,which means that their
income is slightly above the national average. Currently five of the seven cities have build-out issues.
Koenecke stated when companies have a long history of serving an area;you should be able to expect a
build-out at their expense and not at the expense of the subscribers. A newer company has to build the
entire infrastructure from scratch. In this particular case,the LMCC believes there should be full build-
out within five years.
The second priority identified is to require improvement in the reliability and technical quality of the
system, improvement of telephone answering times and customer response time to exceed FCC standards,
improvement of communications with customers about service changes, and require submission of
specific customer complaint information on a monthly basis. Basically the LMCC is asking for more
accountability and reporting. Some of the issues were identified in the technical report to ensure that
these things are done. The LMCC has been informed by Mediacom that they have improved phone
standards, and according to the survey, it appears the majority of the complaints have to do with major
outages lasting more than 24 hours. In the case of an outage,Mediacom should be giving refunds to all
subscribers, which is not currently being done, and that requirement will be put into the franchise
agreement.
Other priorities identified include providing support for Mediacom's continued migration from analog
digital channels,obtain funding to replace PEG equipment with high-density digital equipment, establish
an agreed upon position for existing LMCC channels,potentially increasing the number of LMCC
channels to accommodate live video feeds,etc. Some of these items were brought up in the focus groups,
which is why they were added. The focus group also discussed raising money through various
fundraisers, policing live programming, updating funding, including upfront grants, and implement
packages for member city sites.
Page 3 of 27
MINUTES OF THE • �
ORONO CITY COUNCIL MEETING , " ,
Monday,March 11,2013
7:00 o'clock p.m.
(4. LMCC UPDATE, Continued)
This year the LMCC asked for new cameras and setups for city halls. The LMCC has not purchased the
new equipment yet because we are waiting permission from the commission but we do feel the new
equipment will enhance the council meetings.
Huber indicated they are looking at going to HDSD cameras,which would help to ensure that they are
looking forward with technology. The first step would be to go with an SD digital camera. These
cameras are both SD and HD capable so when they are ready to make the transition to high-definition,the
equipment will already be in place and they only have to make the purchase once.
Koenecke noted the LMCC has not owned HD equipment in the past and have not made excessive
expenditures in that area. At a mayor's meeting,the LMCC was asked how the LMCC is keeping up with
current technology. At the current time the LMCC does send people to the National Association of
Broadcasters conference to hear about the latest trends and attempt to stay current with technology.
The next priority is to provide for expansion of the existing I-Net capacity to provide current connections
for live council meetings. Right now there are four dark fibers,which is really fiber for city use. That
cable has never been activated or used. There has been discussion among the commissioners on what the
LMCC wants to do with this fiber. Some cities have indicated they would like to have their city meetings
video on demand or live on demand. If the LMCC is going to look at that, one possible option would be
to use the dark fibers to implement that,which will be part of the negotiation process. The fibers are
currently included in the franchise agreement and the LMCC should have access to those.
The next priority is to require the system be upgraded to 750 megahertz and install universal battery
backup. When Mediacom first came in,they upgraded the system to fiber. During that period,the
LMCC was attempting to negotiate with them and allowed Mediacom to exchange some battery backup
to build some areas. Koenecke indicated her understanding is that some was in Independence, some was
in Orono, and some was in Medina. Mediacom did build some pockets in exchange for the battery
backup. That was approximately 13 years ago and the LMCC feels they should now be getting the
battery backup put back into place especially in light of the outages that have lasted more than 24 hours.
Koenecke stated the LMCC is requesting that Mediacom evaluate the system and update the LMCC
relating to corrective maintenance on a monthly basis,maintain a state-of-the-art system, provide outage
logs to LMCC on a monthly basis,conduct periodic system testing, determine franchise fee calculation
related to bundled services,clarify franchise enforcement provisions,continue the letter of credit, and pay
liquidated damages,with an appeal to a third neutral without need for mediation. At the present time
Mediacom pays audit expense on 5 percent underpayment of fees. The LMCC has done audits of the
system three times. The highest amount related to underpayment of franchise fees was approximately
$120,000,which means it is worthwhile to conduct the audits periodically.
Finally,the LMCC would like to establish language confirming that Mediacom will discontinue delivery
of LMCC programming to nonmember municipalities. Koenecke indicated those are the LMCC's top
priorities.
McMillan asked if the LMCC normally sends out agendas on executive committee meetings and special
meetings. McMillan stated the City needs to know exactly what is going on with the negotiations.
Page 4 of 27
• MINUTES OF THE
. � , ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(4. LMCC UPDATE, Continued)
Huber stated in response to some of the recent turmoil,the committee has had a number of discussions
and passed a number of resolutions. The long run of this is that the LMCC will move to a plan where
only full members will receive service from the LMCC. The LMCC currently has a complicated but very
valuable relationship with Mound but the LMCC feels that needs to migrate in other ways. The LMCC
has asked their lawyer to speak with Mound's representatives. In addition,the LMCC does have some
other side agreements that were beneficial in the past but in the long run create the feeling by some cities
that those cities with the side agreements are receiving full value. In the future the only people who will
receive services from the LMCC will be full members.
Huber stated the LMCC also found out in negotiations that there were some cities connected to Mediacom
that were receiving services but were not paying for them, which will be resolved. Several motions
regarding those items have been past and basically is the way the executive committee's thinking is going
at the present time. Huber noted the committee's meetings are open to the public.
McMillan asked if that meeting will be on tape.
Koenecke indicated there is an audio recording and minutes available.
McMillan commented all of the cities need to be involved in the negotiations and all of the cities need to
be kept up to date on what is occurring.
Levang stated as a representative to the LMCC, she is disappointed to hear that they are looking to drop
service to those cities that drop out. Levang stated since Orono has given substantial financial assistance
over the years,to be told at some point the door is closed and viewership will not be allowed,feels
somewhat punitive. As a result,the LMCC will experience a drop in viewership. Levang questioned
why it is not important to have the highest viewership possible and that she is not real happy with that
proposal.
Levang commented in her view there should be respect and generosity on both sides. Levang stated if a
city chooses to move away from the LMCC and contract directly with Mediacom, she would hope the
LMCC would be willing to listen to the reasons why that choice is made instead of taking the position
that the LMCC is not happy with you. The joint powers agreement has been long-standing and that she
would like to feel that if a city makes another choice,they will not be punished.
Huber encouraged the City Council to think back to their negotiations with Mound over the police
contract. The City needs to view the LMCC as a partner with the cities,but if they experience a revenue
decrease,they will lose the ability to produce. The LMCC staff does not work for free,nor do the Orono
police officers or city employees.
Page 5 of 27
MINUTES OF THE � -
ORONO CITY COUNCIL MEETING , " ,
Monday,March 11,2013
7:00 o'clock p.m.
(4. LMCC UPDATE, Continued)
Huber stated the LMCC needs to look at it not as a punitive issue but that there are costs involved with
providing service. LMCC's lawyer,who is also helping with the negotiations, is not coming out here for
free. Huber stated the cities need to have an understanding that without contribution,a lot of the services
will fall away and programming may cease to exist. Huber indicated the LMCC does not know how
many cities are negotiating separately with Mediacom,which is a matter of trust. Huber indicated he has
asked their lawyer how the LMCC can engage in negotiations without knowing what cities will be with
them. Huber indicated it is a difficult spot to be in for the LMCC but that they do respect Orono's
position.
McMillan pointed out that Orono has been one of the top two contributors to the LMCC over the years,
which amounts to one-sixth of the LMCC budget or approximately$100,000 a year in franchise fees and
PEG fees. Orono has not taken anything until the last two years when our council meetings have been
taped. McMillan noted it is not the LMCC's fault that Orono has not taped its meetings earlier but that
they have contributed substantially in the past without receiving much in the way of services.
McMillan stated the general environment is different now than when the LMCC was created 30 years
ago. In addition,the franchise fees are a lot bigger. Orono has citizens that are underserved and have
been underserved for quite a long time. In year one of the franchise negotiations, Orono ended up talking
about fiber optics for eight or nine months. We are now in year three of the agreement and there has not
been any build-out.
McMillan stated she appreciate the focus on the build-out currently, but in looking at the priorities list,the
LMCC also has a lot of other capital improvements they are requesting. McMillan asked at what point
the build-out will be the top priority. McMillan stated she sees a lot of other expenditures that Mediacom
will have to make to satisfy what the LMCC is asking.
McMillan noted Orono has not been talking to Mediacom in secret. Mediacom did come to the last City
Council work session and Orono has been very open about the process. McMillan noted she started
attending the LMCC meetings back in late August, early September, and has been providing updates to
the Council. McMillan stated she does have an issue with citizens who do not have internet connection or
broadband connection and at the present time it is the biggest concern that the City Council is attempting
to focus on.
Koenecke noted both the executive committee and the consultants have identified the build-out as the
number one priority. The consultant's report was to compile the data to bring to Mediacom during the
negotiations and point out the areas where Mediacom has not lived up to expectations.
Koenecke noted in the past there was a requirement of 30 homes per mile. Had Mediacom been good
neighbors,they would have tried to build out this area but they did not. As a result,the LMCC has to get
tough in negotiations and they are asking for full build-out. Mediacom has been in business for 15 years
and their financial statements look pretty good. The LMCC can ask for full build-out without the
subscribers subsidizing the build-out. If Mediacom has the dollars and the LMCC has the data to show
that this should be their responsibility.
Levang stated she is concerned with the last point in the document that Mediacom will discontinue
delivery of LMCC programming.
Page 6 of 27
� MINUTES OF THE
� , ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(4. LMCC UPDATE, Continued)
Koenecke stated when the company first started out, all of the cities on the Lake Minnetonka system got
all of the channels for the past 30 years. The LMCC did that in an attempt to attract new members. As a
result,the LMCC got three new members who joined. What concerns us now is losing cities. The
LMCC feels the programming is important to the council and to the school district. People are watching
Orono School District programming. The LMCC does not want to lose Orono and they do not want to
lose the value that this programming has to the citizens. Koenecke indicated the LMCC has also
approached Wayzata, Chanhassen and Waconia over the years to join LMCC but have not been
successful.
Anderson asked if any consideration has been given to adopting a different business model to include
perhaps a tiered approach for participation.
Koenecke indicated they have not. Koenecke asked if she is speaking about the services being provided
or a business model.
Anderson stated she is looking more at the future business model of the LMCC and that perhaps it could
be more of a tiered approach where the cities can take advantage of the programming while at the same
time contracting with the LMCC for other services.
Koenecke stated one of the problems they have encountered is that they have a usage agreement with
Mound,which has been a bone of contention over the years. Mound started out with the LMCC because
their studio was closing and so they chose to give the LMCC a$60,000 contribution in equipment in
exchange for certain services. At that time the attorneys worked on a formula whereby Mound would pay
a higher PEG fee but a lower franchise fee. As a result,Mound received most of the same services
through a per subscriber formula.
Koenecke indicated she is not sure if the commission would be willing to consider this,but if the City
wanted to keep some of their franchise fees,the model the LMCC could follow would be the Mound
model as long as the city agrees to a higher PEG fee. As far as tiers go, Koenecke indicated she is not
sure whether the commission is interested in that.
Koenecke stated over the years the LMCC has had usage agreements with different cities and that she is
not sure how much of a problem that will create in the future. Koenecke noted the agreements have
created issues for the LMCC in the past and that they would like to treat everyone in a fair way.
McMillan asked if the school districts contribute anything for the programming.
Koenecke indicated they do not and that the only thing the school districts provide at the present time is
volunteers. The LMCC has a small staff and a great deal of the work gets done by volunteers. Volunteers
tape sporting events, concerts, and other school events. The LMCC did have a focus group for the
schools and a discussion was had relating to interactive television, live TV, and other possible options.
The dark fibers will be utilized for those events as well as live meetings from city halls.
Levang asked if it is a consideration to have an agreement with the school districts to contribute
financially.
Page 7 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING '
Monday,March 11,2013
7:00 o'clock p.m.
(4. LMCC UPDATE, Continued)
Koenecke indicated the mandate was for franchise fees to be paid for by all three of those entities,which
is why schools,the public and government have been included in everything the LMCC does. Schools
have been considered to be part of the recipients of the dollars of the subscribers. A fair number of the
survey responders indicated they are watching the school related events.
McMillan commented the fairness piece is difficult and that she struggles with the idea of Orono cable
subscribers paying to tape the city council meetings when the satellite users do not contribute to that.
McMillan stated in her view all of the residents should contribute to the taping of the city council
meetings.
McMillan noted later this evening the Council will be discussing the franchise renewal and that she would
encourage the LMCC representatives to stay for that portion of the meeting. McMillan stated given all
the different technologies available and the rapidly changing technologies, perhaps it is time for a new
business model or business plan to be considered since things are radically different from 30 years ago
when the LMCC was originally formed. McMillan commented it is difficult for everyone to keep up with
this technology.
The City Council took no formal action on this item.
5. LONG LAKE FIRE DEPARTMENT—2012 ANNUAL REPORT
Fire Chief James Van Eyll stated the fire department is looking at changing its mission statement since
they are looking to place it on the monument outside the fire station. The current mission statement reads
as follows: "It is the mission of the Long Lake Fire Department to minimize the loss of life and property
for its fire service recipients in the cities of Long Lake, Medina and Orono from fires,natural disasters
and life threatening situations."
Van Eyll stated as it relates to the improvements, all the flat work is done and they are working on the
granite and the names that will go on the vertical pieces. The work should be completed before the SK
run which year,which is Saturday, July 27`".
The leadership in the fire department is still basically the same with only some minor changes. The
committee is looking at the overall organizational chart for the department itself and will likely be making
some minor changes to that.
The fire department currently has 43 active members and there were no members who retired or came off
of probation in 2012. Van Eyll indicated he did send nine new applicants out for background checks and
that he is waiting for those to come back. Van Eyll stated they will be conducting interviews and
hopefully offer employment after that. The department will be adding one new vehicle,which will be
delivered in approximately six weeks.
As it relates to emergency call activities for 2012,Orono had 313 total incidents,which is just fewer than
80 percent of the total calls,and there were 395 emergency calls in total among the contracted cities. In
2011,the total number of emergency calls was 423, and in 2010 there were 446 emergency calls. The
average response time for all calls for .06.34 seconds. One of the main reasons for the decrease in the
number of calls is a decline in false alarms.
Page 8 of 27
� MINUTES OF THE
, ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(S. LONG LAKE FIRE DEPARTMENT—2012 ANNUAL REPORT, Continued)
Levang asked what the good intent call is.
Van Eyll stated an example of that would be someone seeing smoke in the area and calling the fire
department but it turns out to be harmless. Another example would be a medical issue that turns out not
to be very serious.
On average the fire department experiences 70 percent of its calls between the hours of 6 a.m.to 6 p.m.
and there was an average of 14 members responding to each call. Van Eyll indicated there was a huge
jump in daytime calls in 2012 and that there does not appear to be any rhyme or reason for the increase.
Van Eyll indicated he has heard that other departments had a drop in daytime calls and that he is not sure
if it will be a long-term trend.
The fire department goals for 2012 are to improve standard operating procedures,create a unified front
for the officers,conduct performance reviews for firefighters and officers, standardize engines and
equipment, and respond to medical responses with less than five members rather than waiting for a full
crew to improve response times.
As it relates to training goals,the fire department would like to do more medical training and offer a
session in the spring and one in the fall. Van Eyll noted they do bring in outside national speakers for
those. The fire department would also like to provide additional officer training and driver training. In
2012 the fire department did offer more additional specialized Saturday training and individual company
training.
Goals for 2013 include recruitment; creation of a centralized library of forms, SOPS, etc.; public safety
classes to improve public relations; and sponsoring of social events. LLFD training goals for 2013
include additional driver training,EMS skill improvement, scenario based SOP driven training, officer
development training, and live burns.
Mayor McMillan thanked Fire Chief Van Eyll for the update.
The City Council took no formal action on this item.
6. WESTONKA HISTORY MUSEUM
This item was not discussed due to the absence of the representative from the Westonka Historical
Society.
PLANNING COMMISSION COMMENTS—BRUCE LEMKE,REPRSENTATIVE
None
PUBLIC COMMENTS
None
Page 9 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING , "
Monday,March 11,2013
7:00 o'clock p.m.
PLANNING DEPARTMENT REPORT
7. #13-3591 ERVIN WACHMAN—OUTLOT C BAYSIDE FARMS 2"n_
SUBD/PRELINIINARY PLAT—RESOLUTION NO. 6209
Ervin Wachman,Applicant, and Bill Coffman, Coffman Development,were present.
Curtis stated Ervin Wachman requests preliminary plat approval to create five new,2+acre buildable lots
and a private road from the original 13+acres.
1. Lot 1 is proposed to contain 3.74 acres total; 3.05 acres dry, buildable and 0.69 acres wetland.
2. Lot 2 is proposed to contain 2.26 acres total;2.25 acres dry,buildable and 393 square feet(0.009
acre)of wetland.
3. Lot 3 is proposed to contain 2.34 acres total dry, buildable area.
4. Lot 4 is proposed to contain 2.16 acres total;2.02 acres dry, buildable and 0.14 acre storm pond.
5. Lot 5 is proposed to contain 2.06 acres total;2.01 acres dry,buildable and 0.05 acre storm pond.
All of the lots would be served by a new private road with cul-de-sac extending southerly from Bayside
Road(CSAH 84).All lots would be served by private septic systems and private wells.
On February 19,2013 the Planning Commission voted 5 to 0 to recommend approval of the preliminary
plat contingent upon consulting City Engineer approval of the revised plans, consistent with the staff
recommendations and with the following conditions:
1. Revise the landscape plan to include additional, similar native trees to be planted along the entire
southern property boundary showing a tree preservation easement. This has been completed.
2. Revise the landscape plan to reflect removal of invasive species as identified within the KES
conservation design report. This has been done.
3. Address on-going maintenance and removal of invasive species within the HOA documents. This
has been addressed.
4. Only the variance for the cul-de-sac length was acceptable. All other code requirements must be
met with revised plans.
5. Geffre curb cut to be addressed, if needed, by Hennepin County.
6. The revised plans should reflect a trail easement 10 feet in width abutting Bayside Road. An
easement eaLhibit has been provided by the developer.
The applicants have submitted revised plans as directed which have been reviewed and approved by the
consulting City Engineer. Staff recommends approval of the preliminary plat according to the attached
resolution.
Page 10 of 27
• MINUTES OF THE
, ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(7. #13-3591 ERVIN WACHMAN—OUTLOT C BAYSIDE FARMS 2"'D—
SUBD/PRELIMINARYPLAT—RESOLUTIONNO. 6209, Continued)
The Council should consider adopting the attached resolution approving the preliminary plat.
Levang asked if the Geffres have been notified of the email that has been received today.
Curtis indicated they have not and that they are not technically a part of this application. Curtis indicated
she will be in communication with the Geffres but that she does not have their email address. Curtis
noted the email has been provided to the applicant.
McMillan asked if the resolution contains language to the effect that the Geffres need to hook their
driveway into the new road.
Curtis indicated it does.
McMillan asked if they were the homeowners then as well.
Curtis indicated the Geffres signed that agreement.
McMillan asked if the one shade tree for every 40 feet of road frontage is in the code or the conservation
design.
Curtis indicated it is in the City's Code under subdivisions.
McMillan asked what the road frontage is defined as it relates to the planting of the trees.
Curtis stated it would be the frontage along the new private road that is created. Curtis displayed the
landscape plan on the overhead. Curtis pointed out the location of the proposed trees.
McMillan asked if the tree preservation was put in the resolution.
Curtis stated the applicant did provide a report and a plan which is what is referred to in the resolution.
McMillan asked what would happen once the trees die along the road and conservation easement.
Curtis stated the trees protected under the conservation easement are existing trees and the conservation
easement would prevent the cutting and removal of those trees. Curtis indicated if they die naturally, she
is not sure of a provision in the plan on whether additional trees would be added. The applicant is
providing the City with the homeowner association documents but the City is not involved in that. In the
areas where there is invasive species removal,there are plantings proposed for those areas.
Mattick stated he oftentimes will quickly review the homeowner association documents but that he does
not do much more than that since the City is not involved with that. T'he City typically will require
replacement of a tree if it dies within two years of planting,but if a tree dies five years from now,the City
would not go out and enforce the planting of a new tree.
Levang asked if the pines trees are intended to stay along Bayside.
Page 11 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING .
Monday,March 11,2013
7:00 o'clock p.m.
(7. #13-3591 ERVIN WACHMAN—OUTLOT C BAYSIDE FARMS 2"�D—
SUBD/PRELIMINARYPLAT—RESOLUTIONNO. 6209, Continued)
Curtis asked if the trees are proposed spruce trees or existing.
Coffman indicated those are proposed trees.
Curtis stated in the area where the new driveway will be located, she is not sure specifically where the
trees are in relation to that and whether they are on the subject property or the neighboring properties.
Coffman stated the existing trees are in the middle of the new private road,which will require the removal
of three or four spruce trees.
McMillan asked how the access piece should be addressed.
Curtis stated the resolution requires approval be received from Hennepin County as part of the final plat.
Mattick indicated the reasoning behind the wording is that the hookup is to a county road and Hennepin
County would need to approve that and that it is not a city requirement. If the county approves the
driveway access, from Staffls perspective they would be okay with that access,which is along the lines of
the original resolution. If the access is denied by the county, some other arrangement would need to be
worked out.
Levang asked if Hennepin County is okay with the access.
Curtis indicated they are supporting the City's 1994 documents,but that the e-mail does not really
provide any directions besides indicating they support the City's original resolutions.
Levang asked who would make that application to the county.
Curtis indicated the developer would.
Anderson moved,Printup seconded,to adopt RESOLUTION NO. 6209,a Resolution Approving
The Preliminary Plat for the Property Located at Outlot C,Bayview Farms 2"d Addition. VOTE:
Ayes 4,Nays 0.
*8. #13-3592 PILLAR HOMES ON BEHALF OF BRIAN&JUDITH BUTTERFIELD—3955
WATERTOWN ROAD—VARIANCES—RESOLUTION NO.6210
Levang moved,Printup seconded,to adopt RESOLUTION NO. 6210,a Resolution Granting
Variances to Municipal Zoning Code Section 78-395,for the property located at 3955 Watertown
Road. VOTE: Ayes 4,Nays 0.
Page 12 of 27
' MINUTES OF THE
. ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
*9. #13-3593 AND#13-3594 PETER ESKUCHE AND STEINER KOPPELMAN ON BEHALF
OF NANCY BIGOS—3350 FOX STREET—VARIANCE AND CONDITIONAL USE PERMIT—
RESOLUTION NO.6211
Levang moved,Printup seconded,to adopt RESOLUTION NO.6211,a Resolution Granting a
Variance to Municipal Zoning Code Section 78-1279(6)and a Conditional Use Permit Pursuant to
Municipal Zoning Code Section 78-303,for the property located at 3350 Fox Street. VOTE: Ayes
4,Nays 0.
PUBLIC WORKS DIItECTOR/CITY ENGINEER/S REPORT
*10. APPOINTMENT OF 2013 GOLF COURSE EMPLOYEES
Levang moved,Printup seconded,to approve a seasonal employee pay range of$8.48 to$10.05 for
the 2013 season,and to hire the seasonal employees as indicated in Exhibit A,2013 Wage
Breakdown,under the applicable provisions of the PERA rules. VOTE: Ayes 4,Ayes 0.
11. EVALUATION OF OPTIONS PRESENTED BY RESIDENTS FOR THE ORONO GOLF
COURSE
Struve noted a variety of options were presented at the last City Council meeting relating to the Orono
Golf Course, including the acquisition of a golf course domain, new or improved signage, updates to the
maintenance of the club house and maintenance facility,the potential for using volunteers, expanding and
promoting the golf leagues,potentially looking at upgrades to food and beverage,the potential avenues
for additional fundraising, and the addition of a disc golf course.
Struve stated after reviewing the information and obtaining additional information,he has broken the
action items into spring and summer and then long-term options. Struve requested the City Council
provide their input and guidance in prioritizing the items.
The initial action items will be contacting Hennepin County to see about improved signage,which
includes perhaps some additional signage on County Road 112 in both directions, additional signage on
Brown Road, and perhaps the sign on County Road 15 being relocated and improved.
Struve indicated a company called Course Trends, which is an online marketing company, has been in
contact with him and has provided a proposal that for the cost of one round of golf, including golf cart,
they would improve the website,which ties into the branding and would allow the City to have a better
website. It would also allow for people to purchase gift cards and items from the website and would tie
into the City's existing credit card system. Course Trends would also identify golfers who are interested
in special promotions, products,memberships, and would develop a method to track usage of the course,
including how many rounds are used by season pass holders, by individuals,and by people getting the
rounds as a result of Course Trends.
Page 13 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING ,
Monday,March 11,2013
7:00 o'clock p.m.
(11. EVAL UATION OF OPTIONS PRESENTED BY RESIDENTS FOR THE ORONO GOLF
COURSE, Continued)
Struve indicated some of the initial action items are items that can be done right away. The 2013 budget
has funds which could be appropriated to provide the material costs for some of the clubhouse and ground
updates. Based on the projected work load for the Public Works Department,there is limited staff time
available to assist in these projects and it would be recommended the Public Works Department limits the
amount of involvement and instead rely heavily on volunteers to partake in doing the majority of the
work. Struve stated the Public Works Department would be able to provide some of the equipment and
replace some of the stones,but in terms of the painting and other items,they would need to rely on the
volunteers.
Additional action items for this spring and summer include promoting the golf course through Course
Trends and the City newsletter.
As it relates to the long-term options, at the last meeting Bradley Hanson spoke about a potential $2,500
donation from the Lions Club for the creation of a disc golf course. Struve stated he is not aware of any
official action by the Lions Club which says that money is for that direct purpose,and until that happens,
he is not sure if that money is available or not. The Lions Club would like to start with a nine-hole disc
golf course and then see what the interest level is. There has not been a formal design done at this point
and it would be the recommendation that if disc golf is to be pursued at the golf course,they bring
someone in who has worked with other golf courses on integrating disc golf.
Struve stated if disc golf is to be explored, it would be his recommendation the City obtain a formal
design and cost estimate. Struve stated he is not sure where the estimated costs contained in the
information he was provided came from, and that in speaking with the assistant general manager at
Theodore Wirth Golf Course, he indicated they spent approximately$13,000 to$15,000 for the
installation of an 18-hole disc golf course. The City of Independence installed a 9-hole disc golf course
and the total cost was approximately$11,000,which included engineering and designing of the disc golf
course.
Struve indicated he is open to exploring disc golf since it is another revenue stream, and according to the
information he has received,the price averages around$5 for adults and $2.50 for juniors and seniors.
In terms of the existing clubhouse and maintenance facility,the improvements should be evaluated and
prioritized. Struve indicated those items can then be factored into the 2014 budget or future budgets as
well.
Struve stated his recommendation for other long-term items would include fundraising, a bike ride, a l OK
run, and that if fundraising efforts are done,they should be done by volunteer organizations which could
then donate the money back to the City for use at the golf course.
Levang indicated she would be supportive of everything listed on Page 1 be completed except for the disc
golf since a closer look would need to be taken as it relates to that item.
McMillan stated in her view the domain name and branding can be done and the volunteers can help with
the branding. McMillan indicated she does not know anything about Course Trends,but that they already
have volunteers from the community to assist with that and that she is not sure another organization needs
to be involved.
Page 14 of 27
• MINUTES OF THE
, ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(11. Ei�AL UATION OF OPTIONS PRESENTED BY RESIDENTS FOR THE ORONO GOLF
COURSE, Continued)
McMillan stated she would like to have the front entrance opened up this year and possibly getting some
ideas for how that will look. McMillan stated in her view the disc golf course is more of a long-term goal
and that she would like to get the existing golf course improved prior to expanding the golf course to
include disc golf.
McMillan noted she has been on the City Council for ten years and that the City has not spent a lot of
time discussing the operations of the golf course. In the 1990s,things were going well,but given the
current economic situation,golf course management is challenging and requires more expertise. The City
needs to get a handle on the operations and that she would suggest that perhaps next week Staff and the
Council hold a meeting to discuss the operations,which could then maybe roll into having the volunteers
show up to see what they would like to do. McMillan noted there is a short time frame to do some of
these things since the season will be starting in approximately another month.
Printup indicated he is very comfortable with the items listed by Council Member Levang and Mayor
McMillan and that he does not want to see the momentum slow down. Printup stated as we go through
this process further,they will have more time to look at things, but that he would like to go forward with
the items suggested by the Mayor and Council Member Levang.
Anderson indicated she is in agreement with getting a handle on the operations, especially in light of the
financials. Anderson commented that sprucing up the place and conducting some fundraising is a good
place to start.
Anderson indicated she has seen the disc golf course in Independence and it is something to strive for. As
it relates to the income stream, it is something that is worthwhile to look at. Anderson stated her concern
is what the clubhouse improvements are going to cost and that it is her hope the fundraising arm will help
with that.
Struve indicated there is some room in the budget where they can appropriate some money for material
costs but that it is not a big amount. Struve noted they do not have the costs for those improvements
presently and that the number of volunteers and fundraising will dictate what can be done as well.
Levang asked if he could be prepared to present to the Council some of the costs at the next meeting and
how much money is available to be allocated.
Struve indicated he can attempt to come up with some costs for these items.
Levang asked if the City's IT person would be able to help with the domain name and website.
Olson stated the domain name simply requires a phone call to LOGIS but that the IT person is not a web
designer.
Struve noted the phone numbers and other information on the website is accurate and that there might be
some outdated information still floating out there on different things.
Page 15 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING ,
Monday,March 11,2013
7:00 o'clock p.m.
(11. EVAL UATION OF OPTIONS PRESENTED BY RESIDENTS FOR THE ORONO GOLF
COURSE, Continued)
Levang stated the domain name is very important in order to build a brand and that it is a little
complicated right now to find the Internet site for the golf course. Levang stated it is important to have
the ability to build a separate web page from the City's website.
Levang asked Struve to begin working with Hennepin County to obtain information on the additional
signage and whether the City will need to pay for that.
Struve indicated the City will need to work with the County on the size and location of the signs and also
pay for the signs. Struve indicated he cannot guarantee the County will allow additional signage.
Mayor McMillan opened the meeting for public comments.
Marshall Hambro, St. Louis Park, indicated he has been a golfer at Orono Golf Course for 25 years and a
15 year employee at the golf course. Hambro indicated he has played on a course where disc golf was in
conjunction with golfers and it was an unhappy experience. Hambro stated a possible revenue stream of
$5,000 a year would be negligible in that the real golfers would likely not play again. The disc course
could hopefully be assigned to a smaller park where it is a dedicated facility. Anyone who is a serious
golfer would not go out on the course again since it would be a negative experience for the golfers.
Hambro stated in his opinion the money should not be allocated to a study since it would be ill spent.
Roger Adams,Long Lake, stated he has a letter from some of the volunteers that were heading up the
buckthorn removal that he can leave with Staff. This movement started because Orono has this wonderful
gem of a historic golf course and it is part of the Orono park system. What we have seen over the years is
that Orono has not been putting much money into the golf course and it has deteriorated.
Adams commented that volunteerism is great and that in his opinion the volunteers will take this a long
ways. Volunteers have cleared the buckthorn and dead trees to the north and east of the golf course,
which has been a good improvement. Adams stated if the place looks shabby,a person will question why
they should go there. In addition,volunteers have been doing some improvements around the
maintenance shed, south of the second fairway and north and west of the first green. Those
improvements are currently in progress and the volunteers intend to work their way around the entire
course.
Adams noted they actually have had contractors look at some of the stuff that needs to be done on the
maintenance shed and in his opinion that is a good place to start. The maintenance shed needs a new roof
and siding, a garage door needs replacing and some of the windows. Adams indicated it is not a huge
amount of work and within their group they have a number of people who work in the trades and have the
necessary equipment to do this. Adams encouraged the City Council to take advantage of the volunteers.
Page 16 of 27
• MINUTES OF THE
, ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(ll. EVALUATION OF OPTIONS PRESENTED BYRESIDENTS FOR THE ORONO GOLF
COURSE, Continued)
Adams stated in terms of what they see as a priority is the clubhouse renovation. It is a nice,functional
building the way it currently is and that the group likes the idea of a new door. Adams suggested they
consider a steel entry door with a nice light above it. Adams indicated he also likes the idea of improving
the beverages and food currently being served. The roof appears to be in good repair but the windows
need a lot of attention and painting. Adams stated he is looking for input into whether the yellow color is
the best color for the clubhouse and maintenance shed.
Adams indicated they do have people who are willing to do the work and perhaps partnering with the City
on some of the fundraising.
Adams noted one of the items discussed at the last meeting was putting the fountain back in the pond.
Adams stated he is happy to tell the Council that one of the volunteers has repaired the fountain and it is
ready to go. Restoring the shade garden is also another great idea. The Thursday night league has talked
about cleaning up the picnic table/grill area and they also have had people say they would be happy to
help out with weed control and basic course upkeep. Adams stated this is a great chance for the City to
partner with the people in the community. A better branding of the golf course will also help improve the
number of people using the course.
Adams stated on a final note, he would encourage the City Council to look at the pricing as well.
McMillan commended the volunteers on the buckthorn removal and other work that has already been
completed.
Ron Ridgeway noted one of the items included in the long-range plans was to help generate funds through
advertising and to place pieces of art in different spots on the course. These improvements will take time
and require negotiation,planning, and a feasibility study to determine where things could go. Ridgeway
indicated he is interested to know what the position of the Council is in this effort long-term.
McMillan stated she would like to discuss fundraising as a way to generate money for those items but that
the Council and the volunteers will need to spend additional time discussing that in geater depth.
McMillan indicated she can envision something similar to what the LMCD does with the Save the Lake
Fund or Friends of Orono.
Ridgeway indicated they are looking for guidance on the fundraising. The idea of going out and asking
people for money needs to be done properly.
McMillan indicated they can discuss that at the volunteer meeting.
Ridgeway suggested creating a green day in Orono and to have it the Saturday before Earth Day.
Ridgeway stated if Orono were to have a Green Day and make an announcement for people to come out
and see that the golf course is being spruced up, it might encourage more volunteers and help with
fundraising. The efforts at the golf course have already received very good PR in both of the local papers
and this would be a designated day for people to come out and learn what is actually taking place.
Ridgeway stated in his view a Green Day would tie into nice with Orono's legacy and the golf course.
Page 17 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING .
Monday,March 11,2013
7:00 o'clock p.m.
(Il. EVAL UATION OF OPTIONS PRESENTED BY RESIDENTS FOR THE ORONO GOLF
COURSE, Continued)
Levang concurred the fundraising could be discussed during the volunteer portion of the meeting.
Struve stated in terms of course trends,he is getting the impression the Council does not want to pursue
Course Trends.
Levang indicated that is correct.
Jane Delaney, 1350 Woodhill, indicated she has done some research into Course Trends and it might be
something they may want to look at pursuing. The marketing Course Trends is proposing would be done
by the management of the golf course through different templates that are available for brochures and
notices. Delaney stated the social media aspect on their website might be more attractive to the City and
that obtaining a domain name is relatively cheap. Delaney stated they want to make sure, if you have a
service like Course Trends; it is tied into all the branding.
Struve asked if there is a specific date the Council has in mind for the operational meeting.
McMillan suggested Struve send out possible dates and that the Council members can get back to him.
McMillan stated she would like Ron Steffenhagen be present as well as the city administrator.
Struve asked if this needs to be advertised as a special meeting.
Mattick indicated that would be necessary if there is a quorum of the Council.
Struve indicated he will send some dates out to the Council and pursue some cost estimates and have
those available at that meeting. Struve noted he may not be able to obtain some of the cost estimates
since he does not know the full scope of the project being proposed.
12. WELLHEAD PROTECTION PLAN—SET PUBLIC HEARING
Struve stated a wellhead protection plan is a requirement of the Minnesota Department of Health.
Wellhead protection is a method of preventing contamination of a public water supply well by effectively
managing potential contaminant sources in the area which contributes water to a public water supply well.
This is essentially a two-year process which was started by Orono Public Works and MDH early in
20011.
The wellhead protection plan is broken down into two parts. Phase I requires Orono to delineate the
wellhead protection plan for the city. This portion of the plan includes information pertaining to the
inventory of potential contaminants of concern within the Drinking Water Supply management Area;
issues, problems, and concerns within the DWSMA; goals,objectives and action strategies to address the
issues and concerns within the WSMA; a plan evaluation strategy and a contingency strategy in the event
of water system disruption.
Bolt&Menk has prepared a draft report for the Part 2 Wellhead Protection Plan for the City of Orono.
The draft report was distributed to the appropriate agencies on February 19, 2013.
Page 18 of 27
• MINUTES OF THE
. ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(12. WELLHEAD PROTECTIONPLAN—SET PUBLIC HEARING, Continued)
Struve indicated he is asking the City Council set a public hearing for Apri122°d to ensure that the plan
can be completed by the June 7, 2013 deadline. Struve stated he should have all the comments back from
the various agencies by that point.
Levang asked if there are other adjacent municipalities that should be on the list.
Struve stated to his belief it was sent out to other municipalities as well.
Martini indicated he will confirm that list.
McMillan noted all of the cities are going through this process currently.
Levang moved,Anderson seconded,to set a public hearing for the Wellhead Protection Plan to
occur at the Apri122,2013,City Council meeting. VOTE: Ayes 4,Nays 0.
(Recess taken from 9:00 p.m.to 9:08 p.m.)
*13. LIFT STATION#14 AND#21 REHABILITATION PROJECT
Levang moved,Printup seconded,to accept the quote from Quality Flow Systems,Inc.,in the
amount of$89,260 for the rehabilitation of Lift Stations No. 14 and 21 and to approve the
installallon of a transfer switch at Lift Station No.28. VOTE: Ayes 4,Nays 0.
*14. LIFT STATION#21 AND#28 GENERATORS
Levang moved,Printup seconded,to accept the quote from Cummins Power Generation in the
amount of$38,965.00 for generators at Lift Station Nos.21 and 28. VOTE: Ayes 4,Nays 0.
15. WILLOW DRIVE PRELIMINARY DESIGN UPDATE
Struve stated at its January 14,2013,Council meeting,the Council approved a proposal from Bolton&
Menk for design services associated with the reconstruction of Willow Drive North between Kelley
Parkway and CR 6,which is on the City's Municipal State Aid System. At the January 28,2013,
meeting,Bolton&Menk asked for direction from the Council for a few design options being proposed.
Bolton&Menk is in the process of finalizing the plans and specifications for the project. The plans and
specifications are 95 percent complete and were submitted to MN/DOT for review last week. No major
changes are anticipated as a result from the MSA review and Staff is comfortable asking for approval of
the plans and specifications at this meeting to keep the process moving for optimal timing of bids. If
substantial changes are required as a result of the MSA review, Staff will bring the changes back to
Council for approval.
Printup commented he appreciated the CD in lieu of paper.
Page 19 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING ,
Monday,March 11,2013
'1:00 o'clock p.m.
(IS. WILLOWDRIVEPRELIMINARYDESIGNUPDATE, Continued)
McMillan commented one of the concerns expressed by some of the residents was a possible increase in
speed on the road.
Struve noted the road will be posted at the same speed limit as it is currently.
Levang moved,Printup seconded,to approve the plans and specification for the 2013 Willow Drive
Reconstruction Project and to authorize Staff to set a bid date and advertise when MSA has
approved the plans and specifications. VOTE: Ayes 4,Nays 0.
MAYOR/COUNCIL REPORT
Levang reported she attended the neighborhood meeting for Willow Drive and that the people are looking
forward to having a nice road.
McMillan noted on Wednesday the LMCD will be discussing the draft milfoil/herbicide program and that
she is not sure if they will be voting on a proposed levy increase at that time.
CITY ADMINISTRATOR'S REPORT
*16. CITY CLERK
Levang moved,Printup seconded,to appoint Rachel Dodge to the position of City Clerk,approve
the job description,and amend the organizallonal chart. VOTE: Ayes 4,Nays 0.
17. FRANCHISE RENEWAL
Sally Koenecke stated the Commission has attempted to identify Orono's goals and that representatives of
the City were invited to the mayor's meeting. The LMCC heard in a loud voice that the cities wanted a
more detailed listing of priorities,which prompted the meeting.
Koenecke stated the LMCC heard at all of the meetings that the number one priority is build-out and that
is listed as the number one priority. The goal is to get the residents cable and the LMCC has looked at
that extensively and have outlined the steps that will help accomplish that. Due to the length of some of
the driveways,the LMCC elected to require Mediacom to pay for the first 350 feet,which is better than
what Mediacom had been offering. Koenecke stated it appears, given the complaints they have received,
the problem is that the residents cannot afford the extra money to get the system up their driveways. Also
in response to the concerns expressed the LMCC has added the 5-year complete build-out.
McMillan asked if the LMCC will be looking at density to determine in what order the build-out will
occur.
Koenecke indicated Mediacom will likely be coming back with a counter offer and that the LMCC will
review that and then provide another counter proposal. After that the two parties will go into
negotiations.
Page 20 of 27
• MINUTES OF THE
, ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(17. FRANCHISE RENEWAL, Continued)
McMillan commented it is unfortunate there are five underserved cities.
Koenecke indicated the other cities did not object to the build-out being a priority and felt that the other
members of the organization should have build-out just like they have.
Koenecke stated the other priority identified is service,and that she would say that service is also a
priority for Orono. When the technical consultant went out,he found various connections in all of the
cities that were done improperly. Service issue applies here in Orono as well,with the main goal of
build-out. One of the goals of the LMCC is that whenever Mediacom is working with older installations,
they should be upgraded and fixed. The LMCC has seen certain pockets of service with complaints,
which generally means that that is an older area. Mediacom will have to redo the coaxial in those areas,
which will help clean up the system and allow for better function.
McMillan asked if the LMCC pays for the cost of video streaming.
Koenecke indicated they do.
McMillan asked how often people access the Orono Council meetings.
Jim Lundberg indicated he can supply that specific information but that he has seen Orono meetings in
the top ten. Lundberg indicated he will have a report generated specifically for the City of Orono and will
attempt to get that information by the end of this week.
Lundberg stated in regards to video streaming, if you look at individual city entities and what they offer
as far as streaming, many of them offer the same agenda parsing services that the LMCC has begun to
implement. For an individual city entity, it will cost them between five and six thousand dollars up front
for the hardware costs as well as $6,000 a year for the agenda parsing system. The LMCC has been able
to take 17 different government entities and wrap them into the same umbrella of costs. The LMCC does
that by sharing some of the burden and by having a staff person work with the cities and adjust them into
one single template. By negotiating with Granicus over a 5-year period,they now understand that the
LMCC is not your typical city entity and that they need to treat the LMCC as a single large entity. By
taking on a large share of the work,the LMCC is able to provide that at a reasonable cost.
Anderson asked how the fiber optics piece would be a benefit and where it falls in the priority list.
Koenecke stated the I-Net has been brought up numerous times with the educational group and the cities
as to whether or not those dark fibers should be activated in some way. The Commission feels that we
need to go to Mediacom and ask that these be put into use. The LMCC can then work with the school
districts and cities to understand exactly what it is they would like for services. The LMCC has been told
that cities would like to have their meetings on demand or live, and so those connections can be used for
those capabilities. Koenecke indicated the LMCC will probably need to do more questioning of the cities
to see which cities specifically would like that service. When we negotiate with Mediacom,we will ask
for the location of these dark fibers and then find out how they can be activated.
Page 21 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING ,
Monday,March 11,2013
7:00 o'clock p.m.
(17. FRANCHISE RENEWAL, Continued)
McMillan asked if the build-out is different for each of the five underserved cities and if the Commission
has explored how that will work.
Koenecke indicated some of the cities have provided information of what they would like to see as it
relates to the build-out and that Victoria has said they would like more involvement in pre-planning of
new developments. Orono would like to see more connections in the older neighborhoods. Independence
has said that some of their areas are so remote that they do not know whether it would be feasible.
Minnetrista is similar to both Victoria and Independence in that they say they want Mediacom at their
meetings when they are doing their planning but that they also have some rural areas where it may not be
reasonable to provide service. Mediacom at one point has said they would do a wireless testing option,
which is still on the table.
McMillan commented the challenge is how each of the cities will accomplish a full build-out.
Koenecke stated the LMCC is asking for a full build-out and that the details will need to be worked out at
some point. Koenecke noted nine of the members cities have returned the resolutions indicating they are
supportive of the LMCC doing negotiations.
McMillan asked how the different cities will be kept apprised of what occurs during the negotiations.
Sally indicated summaries can be provided to the cities on what has been accomplished so far. Mediacom
has not been forthcoming with a build-out plan. At the last meeting the LMCC asked for a proposal by
the end of March. Koenecke stated the LMCC is moving ahead by getting the priorities and data on paper
so they can then turn around and do a counter proposal to Mediacom if necessary.
McMillan asked if they can do an extension if necessary.
Koenecke indicated they can do an extension but that they would like to have it completed by December
31 S`
Levang asked why the build-out cannot be narrowed down to less than five years.
Koenecke stated they are asking for total build-out in five years and 350 feet. Koenecke indicated she is
not here to discuss the Mediacom proposal but they have said five miles per year for three years.
Koenecke indicated she is not sure how many more miles Orono has.
Gaffron indicated it is less than 15 miles but that it does not include long driveway situations.
Koenecke stated that would be a trade-off.
Levang asked where Orono would be on the priority list for build-out.
Koenecke stated the number one priority is build-out.
Levang asked if Orono would be on the top of the priority list or would be allowed x number of miles.
Page 22 of 27
• MINUTES OF THE
. ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(17. FRANCHISE RENEWAL, Continued)
Koenecke stated they would like it accomplished in five years for all five years and that Mediacom will
have to submit a plan for how that can be accomplished and the different phases.
McMillan asked if the LMCC would leave that up to Mediacom.
Koenecke stated the LMCC has given Mediacom its priorities and that Mediacom would then need to
submit a plan detailing how that build-out would be accomplished. If it is not acceptable to the cities,the
LMCC would need to ask Mediacom to change it.
Koennecke stated her understanding is that Orono and Medina are looking at build-outs and that the other
cities will not want to be last on the list. When the LMCC traded the battery backup power,Mediacom
identified all the areas in the city that they were going to substitute to make it equitable. Koenecke stated
in her opinion parts of the build-out should be done in all of the cities each year.
Printup asked when the City of Orono will be able to see Mediacom's proposal.
Koenecke stated she can send the minutes from the three meetings but that the LMCC has not seen any
proposal from Mediacom yet. Mediacom is required to come back by the end of March with a proposal
and then the LMCC will review that to see how much of the priority list is included in their proposal.
The LMCC has a number of improvements that need to be done and we do not want to lose what we
already have. The prior franchise agreement did not require Mediacom to report certain things and the
LMCC is attempting to put in place more of a reporting system so we can get better information on their
service standards. Koenecke indicated the LMCC went around and around with them on call wait time
and finally Mediacom provided statistics that said they were in compliance. The survey shows they are
not in compliance. The reason the LMCC did the consultant's report was to compile data to approach
Mediacom with.
Printup commented that typically there is strength in numbers and asked how that would benefit Orono
and get its residents what they have wanted for decades.
Koenecke stated her understanding is that Medina was given the prerogative by Mediacom that if the
LMCC gets a better deal,they would be offered the same deal. Koenecke stated in her view Mediacom is
attempting to work deals with the cities in an effort to try and stall the LMCC.
Joe Huber stated he wants the City Council to understand the nature of the negotiations and that it only
relates to cable service. If next week there is a change in technology and they can now send cable over
the electric wires that is all the negotiations deal with. The City Council needs to understand and be very
careful of its assumptions as well as be well represented because this is a very difficult arena to work in.
The LMCC values Orono's membership and welcomes its participation at all of the LMCC meetings.
Anderson commented she is still hung up on the two-tier system since it appears the LMCC does have the
ability to create its own tiered system and escalate fees. The LMCC is able to negotiate with Mound and
other cities and it is not something that Orono is dictating to the LMCC.
Page 23 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING ,
Monday,March 11,2013
7:00 o'clock p.m.
(17. FRANCHISE RENEWAL, Continued)
Huber indicated they are here to serve the cities and that there are different dynamics that are going on
with different service levels. Huber stated as best as he understands it,Mediacom has met the letter of the
original agreement but the LMCC is working on improving that level of service.
Huber stated his personal concern associated with a tiered system is that they will end up with a race to
the bottom in order to save money and that the LMCC will have to cut services significantly. Huber
stated if that is what the cities want,that's fine, but that there will be people who will be upset if the
LMCC has to cut programming. On the other hand,there may be some hard decisions the LMCC will
have to make in the long run. Huber reiterated his concern is if they go to two tiers that the majority of
the cities will evolve into the bottom tier,which will result in services being cut. Huber stated he is not
saying the two-tier model is impossible and that the LMCC will follow the direction of the member cities.
McMillan commented there are a number of good programs offered by the LMCC and that the people
enjoy watching them. McMillan noted she receives approximately ten emails a year who say they do not
have Internet connection and that they are looking for some way they can have service. Mediacom has
come to the Council and said what they can do for the residents. The City Council has to also take into
consideration what the residents want and Mediacom has said that they feel there is a way to work
together.
Huber indicated the LMCC understands that and that the value Orono's participation in the LMCC.
Mayor McMillan opened the meeting up for public comment.
Stacy Royal stated she has lived in Orono for six years without Internet service. Royal indicated she has
attempted to work with Century Link but has been told that Internet will not happen in her neighborhood.
Royal noted she has also submitted petitions for her neighborhood and Highway 6.
Royal stated she would like to be directed to a place where she can get more information on the franchise
fees. Currently there are high franchise fees and PEG fees paid to LMCC. If those fees were brought into
a direct contract with Mediacom,those fees could then be brought into Orono. Right now the LMCC is
receiving approximately$100,000 from the Orono residents that are currently Mediacom customers, and
only about a third of the Orono customers have Internet service currently. If the City can expand that
service and the franchise fee increases to be$200,000 a year,Royal stated she would like to see that
money brought into the City of Orono. As a t�payer, she would like that money brought into Orono and
not necessarily tied into programming that deals with 17 other cities. Royal stated she would like more
information on how that could happen.
Royal stated her other concern with the LMCC's priority list is that it is ideal to say we want a full build-
out for the cities, but a full-build is not realistic given how the cities are broken down and the other
priorities contained on the list. If Orono is involved in those negotiations,that would be a top priority
since there are not a lot of other priorities the City would be requesting. In addition, if Mediacom has a
reliable wireless system,they have not tested it yet and/or it is not something that has been tested reliably.
Royal noted no company has been able to offer a wireless system that is reliable.
Page 24 of 27
• MINUTES OF THE
� • ORONO CITY COUNCIL MEETING
Monday,March 11,2013
7:00 o'clock p.m.
(17. FRANCHISE RENEWAL, Continued)
Royal asked if Orono does make a contract directly with Mediacom,whether it would be possible for
franchise fees to go to the City of Orono and PEG fees to go to the LMCC so the residents can still have
the benefit of the programming since that is what PEG fees technically are.
Anderson commented that is kind of what she was alluding to earlier with the two-tiered approach.
Printup stated everything Ms. Royal has touched on is what Orono is attempting to work through with the
two different entities.
McMillan stated in her view it is in Orono's best interests to begin negotiations directly with Mediacom.
The City's build-out is a little different from some of the underserved cities and that she is intrigued by
what Mediacom has proposed to Orono. It is not just about video services but partnering up with our
cable provider. Mediacom has reached out to us and would like to pursue those negotiations.
McMillan indicated at the same time she would like to continue to support the LMCC programming for
the council meetings within reason. Video streaming is important. McMillan stated she almost sees the
City's council meetings as being something all the residents should pay for in order to have their
government be transparent. McMillan stated that piece of it can be worked out later.
McMillan stated she would like to move quickly on this and that in her view the 17-member city of the
LMCC with a number of different needs makes it difficult to work with. McMillan indicated she would
like to continue talking with the LMCC about how Orono can support their programming within reason.
Levang indicated she holds the same position and that there are a number of citizens who are not being
served. The City recently received a petition from Stacy's neighborhood and the City Council is here to
listen to the citizens and be responsive to them. When you look at the number of priorities that the
LMCC has, it is difficult to envision Media Com being able to accomplish them all. Orono has been a
good member of the LMCC throughout the years and has not asked for much in the past. Levang
indicated she would like to see Orono continue to support the LMCC and have a good relationship going
forward.
Printup indicated he is in agreement.
McMillan stated she hopes there is some appreciation for what Orono has put into the LMCC and that it is
her hope there is not an abrupt ending to the City's relationship with the LMCC. McMillan stated that
perhaps some kind of new business model can be worked out if the LMCC is willing to invest the time to
look at that component. McMillan stated there has to be an understanding of where Orono wants to go in
order to complete the build-out.
Anderson stated she would encourage the LMCC to consider a two-tier system.
Page 25 of 27
MINUTES OF THE •
ORONO CITY COUNCIL MEETING � �
Monday,March 11,2013
7:00 o'clock p.m.
(17. FRANCHISE RENEWAL, Continued)
McMillan stated Mound could perhaps be kept a part of the LMCC that way as well. McMillan stated she
would hate to see the LMCC lose some of their programming dollars but that it might just be an outdated
business model they are operating under. McMillan encouraged the LMCC to give some consideration to
looking at a new approach and perhaps compiling a fee schedule for taping council meetings and other
programming.
McMillan stated she would like to get a subcommittee put together to work on negotiations with
Mediacom and that she would suggest Lizz Levang and herself work with Mediacom and the LMCC.
Mattick stated the first step would be to form a subcommittee and then start setting some dates for
meetings. The next steps would involve developing a list of what is important to negotiate,reaching out
to the LMCC to see if there is a way to obtain that, and if that is not successful,to reach out to Mediacom
to see where they stand on those items.
Anderson moved,Printup seconded,to form a subcommittee to negotiate with Mediacom for a
cable television franchise agreement consisting of Lizz Levang,Lili McMillan and some members
from staff. VOTE: Ayes 4,Nays 0.
*18. REQUEST TO HIRE FULL-TIME COMMUNITY SERVIE OFFICER(CSO)
Levang moved,Printup seconded,to approve the hiring of Kyle Kirschner to the position of Full-
Time Community Service Officer effective March 18,2013,with the starting wage to be$13.45
(Level 1,Step 1). VOTE: Ayes 4,Nays 0.
CITY ATTORNEY'S REPORT
Mattick noted he will not be in attendance at the next council meeting.
*19. LICENSES& PERNIITS
Residential Kennel License
l. Steve and Katie Johnston
2335 Shadowood Road
Levang moved,Printup seconded,to approve the above-listed license. VOTE: Ayes 4,Nays 0.
Page 26 of 27
� MINUTES OF THE
� ORONO CITY COUNCIL MEETING
J Monday,March 11,2013
7:00 o'clock p.m.
*20. BILLS
Levang moved,Printup seconded,to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
ADJOURNMENT
Levang moved,Anderson seconded,to adjourn the Orono City Council meeting at 10:03 p.m.
VOTE: Ayes 4,Nays 0.
ATTEST:
�
� �� �� ,��_ c �'����� �
Rachel Dodge, City Clerk Lili Tod cMillan,Mayor
Page 27 of 27
..�