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HomeMy WebLinkAbout02-24-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 1 of 14   ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Public Works Director/City Engineer Jesse Struve, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 3, 4, 5, 7, 8, 10, 12, 13, 14, and 15 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. APPROVAL OF MINUTES 2. REGULAR COUNCIL MEETING OF FEBRUARY 10, 2014 McMillan requested the minutes be corrected on Page 2 to read as follows: “McMillan noted a piece of legislation was apparently passed where cities could protect e-mail addresses of citizens if their particular City has a listserv.” McMillan also requested the minutes be corrected on Page 3 under the LMCD Report to state that the LMCD chair is now Dan Baasen, the vice chair is Jay Green from Mound, the treasurer is Gary Hughes from Spring Park. Printup moved, Levang seconded, to approve the minutes of the Orono City Council meeting of February 10, 2014, as submitted. VOTE: Ayes 4, Nays 0. OATH OF OFFICE FOR POLICE OFFICERS Chief Farniok stated tonight four officers will be sworn in. All individuals started as part-time and three are being promoted to full-time status. The officers are Jason Barnes, Phil Spanjers, Josh Needham, and Jay McCoy. Farniok stated also being promoted tonight to patrol sergeant is Chad Stensrud, which was approved on the Consent Agenda. Mayor McMillan administered the oath of office to the officers. PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 2 of 14   PLANNING DEPARTMENT REPORT *3. #13-3612 DALE GUSTAFSON ON BEHALF OF JOHN AND BARBARA CORNESS, 4395 NORTH SHORE DRIVE – CONDITIONAL USE PERMIT AMENDMENT – RESOLUTION NO. 6367 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6367, a Resolution Granting a Conditional Use Permit Amendment Pursuant to Municipal Zoning Code Section 78-966, for the property located at 4395 North Shore Drive. VOTE: Ayes 4, Nays 0. *4. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP, LLC – 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING – RESOLUTION NO. 6368 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6368, a Resolution Approving the General Concept Plan and Granting Preliminary Plat Approval for Property Located at and Adjacent to 2350 Watertown Road. VOTE: Ayes 4, Nays 0. *5. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC, 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION – RESOLUTION NO. 6369 Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6369, a Resolution Granting Commercial Site Plan Approval for Installation of an Underground Marine Fuel Storage Tank and Appurtenances for the Property Located at 1442-1444 Shoreline Drive. VOTE: Ayes 4, Nays 0. 6. #14-3649 DEREK AND KELLY PRCHAL – 4705 WATERTOWN ROAD – VARIANCE – RESOLUTION NO. - TABLED Derek Prchal, Applicant, was present. Curtis stated the applicants have requested a variance in order to construct a new 2,200 square foot garage in place of an existing oversized barn. The proposed garage is considered an oversized accessory structure. The setback variance is required as the proposal is not an in-kind rebuild and it is between the house and the street where an accessory building is required to be located behind the front plane of the house. Curtis noted at the February meeting, the Planning Commission voted 5-0 to recommend approval of the setback variance allowing the oversized garage. Curtis stated that staff recommends approval of the setback variance to allow a new garage to be constructed in the proposed location. The applicants should be required to submit hardcover calculations with the building permit ensuring that hardcover will be in compliance. The owners will also need to sign an oversized accessory structure covenant prior to the issuance of a building permit. Staff has prepared a resolution for approval by the City Council. Levang asked why the new structure is not being put next to the house. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 3 of 14   (6. #14-3649 DEREK AND KELLY PRCHAL – 4705 WATERTOWN ROAD – VARIANCE – RESOLUTION NO. – TABLED, Continued) Curtis indicated that the applicant could better address this question, because she knows how the owners use the property. Curtis displayed an aerial photograph of the property. Prchal stated they are proposing the structure in the new location; because of the way the lot is situated alongside the house. Prchal stated Painters Creek borders that side of the property and there is a steep drop off in that area. Due to the setback from the creek and the overhead power lines, the building would not fit in that area. Levang asked if there is a pasture there currently. Prchal stated the previous owners had a sand riding rink in that area. Prchal stated due to the trees and the power lines, they felt it was a pretty good solution to replace the barn in this location. McMillan asked if there is a reason why they want to go closer to the street than the existing barn. Prchal noted the overhead power line runs along that side of the property and his builder has indicated he would prefer not to have to work under the power line. Prchal stated there are also some rather large red pine trees currently in front of the building. If the new building is constructed in that area and set off to the side to avoid the power lines, those trees would partially block the garage door. Levang asked what he plans to use the building for. Prchal indicated it would be used for personal storage and that the current building was designed to house horses and has a very small overhead door, which is not conducive to allowing access for some of his items. Prchal stated his items are currently stored outside scattered about and that he would like to keep them indoors. Levang asked if there is currently a single overhead garage door on the barn. Prchal stated it is an 8-1/2 foot garage door. McMillan commented her only concern with the application is that the building was being relocated closer to the road. McMillan noted the applicant can rebuild on the footprint of the existing barn and that she would prefer it not encroach further into the setback. Prchal stated ideally he would like to keep it closer to the house, but given the power pole and the trees, that is not possible. Prchal stated by pushing it back 20 feet, he would not need to cut down any trees. McMillan asked if the existing driveway would be used for access. Prchal stated it would be, but noted the new garage door would only be 20 feet from the tree to the garage door. Prchal indicated there is not a garage door on the side of the driveway on the current building and that there is no way he would be able to make that turn from the driveway into the structure if it is rebuilt in the same spot Prchal indicated the garage door would face the house. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 4 of 14   (6. #14-3649 DEREK AND KELLY PRCHAL – 4705 WATERTOWN ROAD – VARIANCE – RESOLUTION NO. – TABLED, Continued) McMillan asked if the garage door could face the driveway. Prchal indicated they would have to push the structure almost to the center of the property in order to negotiate a trailer in the garage and make the turn. Prchal indicated it is not feasible to back a 20-foot snowmobile trailer in there. Levang asked where the power pole is located. Prchal pointed out the location of the power pole and the trees on the overhead. Prchal noted there is also a power pole off the west side of the house as well. McMillan asked if there would be a driveway constructed to the new building. Prchal indicated there is an existing class five gravel driveway that goes to the current barn. McMillan noted the existing driveway is not on the survey. McMillan asked if he would be using the existing driveway. Prchal stated he would not have to add any driveway going up to the new building if they use the existing gravel pad. Prchal indicated the power line follows the driveway up to the house. Levang asked why the building could not be located on the west side of the house. Prchal indicated he would have to remove the four trees for access. Prchal indicated the building would physically fit in that area but access would be difficult. Prchal stated he also does not believe that would meet the setback from the creek. Levang asked if it could be placed on the east side of the house. Prchal pointed out the location of the property line on the east side. Bremer commented this is a property that appears it would have a number of options, but as you go through them, it appears there are not that many available sites. Prchal stated they enjoy the views from the front yard. Prchal stated he does not want to change anything about the property and that he plans to have the structure match the house. The white fence will remain. Prchal stated he would like to have a building that will fit his needs and allow him to store his personal property inside. McMillan asked if the building could be put perpendicular to the house in the location of the existing barn. McMillan stated she would prefer not to increase the nonconformity. Prchal stated in his view the building would be more conspicuous from the roadway since you would be looking at the long side of the building from the road rather than the short side. The building would also have to be pushed further to the east to allow for access. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 5 of 14   (6. #14-3649 DEREK AND KELLY PRCHAL – 4705 WATERTOWN ROAD – VARIANCE – RESOLUTION NO. – TABLED, Continued) McMillan noted the applicant would like to increase the size of the nonconformity, which is his personal choice, but that she would prefer the nonconformity not be increased. Prchal indicated he only wants to construct the building once time and that he would prefer to go as large as possible the first time. McMillan asked if the Planning Commission discussed screening of the building. Curtis indicated the Planning Commission did not discuss that and that they felt it was far enough from the road to not require any additional screening. Prchal pointed out the trees he planted this fall and that he intends to plant additional trees in between those. McMillan noted there is a little bit of berm in that area as well. Prchal indicated the trees range from six to eight feet tall and that he would like to plant another five trees in between those. Prchal stated he would be open to planting more trees nearer the building if the City Council requested that. McMillan stated her only concern is increasing the nonconformity to meet storage needs. McMillan noted the applicant currently has a variance for the existing barn and that she would like to minimize the impact without encroaching closer to the road. Bremer noted she attended the Planning Commission meeting when this was discussed and that she does not have a problem with the application. Bremer stated the property does have a number of topographical challenges given the slope and the location of the existing structure and house that eliminates some sites. Bremer stated in her view reversing the direction of the structure will make it look quite a bit bigger than the existing barn and that the side walls will be taller, which is not an improvement. Bremer stated she does understand the concern that was raised by Mayor McMillan but that she is okay with where it is being proposed. McMillan concurred it will be a bigger structure than what currently exists. Printup asked what the reason was for not turning the building. Prchal indicated it would impact their view from the house and road as well as require additional space to make the turn off the driveway. McMillan stated she understands the desire for additional storage but that she is trying to offset the desire for more storage versus the impacts of the structure. McMillan indicated she does see a practical difficulty given the location of the house but that at some point it gets to be overkill in order to accommodate quite a bit of additional storage. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 6 of 14   (6. #14-3649 DEREK AND KELLY PRCHAL – 4705 WATERTOWN ROAD – VARIANCE – RESOLUTION NO. – TABLED, Continued) Prchal stated as far as the storage is concerned, he is not constructing a building larger than his house and that a property likes this requires a bunch of equipment in order to maintain it. Prchal indicated his family has been storing his bobcat and that he would like to store that and his company vehicle inside. Prchal stated he is definitely in need of space and that he would prefer to have the items stored inside rather than store it outside for everyone to see. Levang stated the difficulty for the City Council is that most people would like to have additional storage space and that the Council needs to determine what is fair and equitable. Levang indicated she is having difficulty agreeing with the large structure and that the question is what is practical and what is necessary given the fact that a variance is being requested. McMillan stated the applicant is basically talking about putting a storage facility on his property and that she does not want to encroach any more than what already exists. McMillan stated there are a number of people who would like to have a storage unit on their property but it would not be in the best interests of the City if they allowed everyone to build as much storage as someone wants. McMillan stated it gets to a point where the City Council has to make decisions on aesthetics versus storage. Prchal noted it will not be a commercial storage unit and that it will not be rented out. Prchal indicated the structure will only be used for personal vehicles. Prchal noted the house was constructed in 1956 and has a one-car attached garage. McMillan stated the applicant could add on to the house as well. Gaffron noted the rear setback is 100 feet and the applicant would require a rear setback variance in order to attach anything to the house. McMillan noted the whole house is located within the rear setback and that if it is a matter of a garage stall that is a consideration the Council would be willing to look at. Prchal stated in his view adding a stall to the house would disturb the look of the property more so than this building. Prchal noted once the trees are more fully grown, the building will not be noticeable from the road. Levang stated he is proposing to place a large structure close to the road and that the Council would prefer the building not be quite so large. Levang stated if the structure was being placed to the side or to the rear, it would not be an issue, but because it is in front of the principal structure, it becomes a visibility issue and a size issue. Printup stated he understands the desire to save the trees and the need to avoid the overhead line. Printup asked why he does not want to move it to the east. Prchal indicated he is moving it to the east by 10 feet to get away from being under the power lines. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 7 of 14   (6. #14-3649 DEREK AND KELLY PRCHAL – 4705 WATERTOWN ROAD – VARIANCE – RESOLUTION NO. – TABLED, Continued) Printup commented the City Council has wrestled over smaller issues, and out of fairness to other applicants is why the applicant is meeting resistance now from the City Council. Printup stated the proposal seems reasonable to him, but given the fact that other people have been forced to remove smaller structures, it is difficult to approve. Printup asked if the applicant would have any alternatives that would appease the City Council. Prchal stated he could discuss with his builder about whether the structure needs to be located in a spot to avoid the power lines and that he could keep the west edge of the building the same. Prchal stated those changes would put it 20 feet closer than the existing building and that in his view it would still give him substantial room to access that end door. Printup asked if the applicant would like to talk with his builder before the City Council acts on his application. Prchal stated he will inform his builder that this is how it has to be. McMillan asked if it would be 20 feet rather than 30 feet. Prchal indicated it would be 20 feet further than what is shown. If the building is moved back 10 feet to the west, Prchal indicated he could also push it 10 feet to the south. Levang asked if the building would be the same size. Prchal indicated it would be. McMillan asked if he could access it from the north end. Prchal indicated he would prefer not to since then the garage door would not be visible from the house. McMillan asked if the snowmobile trailer is kind of driving the size of the building. Prchal indicated it is along with three vehicles, a bobcat, and a full-size pickup truck. McMillan stated she would prefer the applicant place the new structure on the same pad as the barn. McMillan stated in her view that seems to make more sense and would have less impact. McMillan stated the applicant needs to determine what he needs to do with his builder and that she would recommend he keep it on the same building pad as what has been approved previously. McMillan indicated she is in agreement the structure should be kept perpendicular to the house so it is not so visible from the road. Prchal stated his concern with that is the garage door would not be visible from the house for security purposes. McMillan stated she understands what Mr. Prchal is saying. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 8 of 14   (6. #14-3649 DEREK AND KELLY PRCHAL – 4705 WATERTOWN ROAD – VARIANCE – RESOLUTION NO. – TABLED, Continued) Bremer stated it would be less attractive to have the doors face towards the road since a driveway would also need to be added and there would be more activity on that side of the structure. Bremer stated the way it is being proposed seems to be less intrusive to the neighbors. Levang noted a number of people have their garage doors facing the street. Printup indicated he agrees with the security issues. Printup asked if the applicant would like to go back to his builder to discuss the suggested changes. Prchal stated he would. Prchal asked if the Council would like to see the building moved more towards the west and back further. Printup stated that is probably a start but that Council Member Levang and the Mayor would probably like to see it pushed further back. Prchal stated his initial hope was to construct it in the same building envelope but that his builder indicated he does not want to work under the power line. Prchal stated he would prefer not to have to cut any trees down and that he also does not want to pack down the area around the trees because that will kill them. Printup stated he understands the applicant’s concerns but that the City Council is divided at this point and his application will likely not be approved as proposed. Printup moved, Levang seconded, to table Application No. 14-3649, Derek and Kelly Prchal, 4705 Watertown Road. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *7. BID AWARD FOR 2014 STREET MAINTENANCE MATERIALS Bremer moved, Printup seconded, to award the 2014 Materials Bids as outlined in Staff’s Memorandum dated February 24, 2014. VOTE: Ayes 4, Nays 0. *8. ORONO PUBLIC GOLF COURSE – GROUPON PROPOSAL Bremer moved, Printup seconded, to authorize Staff to enter into an agreement with Groupon to advertise with them. VOTE: Ayes 4, Nays 0. McMillan stated she would like to see the quantity reduced on Option No. 3. Struve stated he did discuss that with Groupon after Staff’s memo was prepared and that they are agreeable to reducing the number to 150 or whatever number the Council would like. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 9 of 14   (*8. ORONO PUBLIC GOLF COURSE – GROUPON PROPOSAL, Continued) McMillan stated she would like to see the number reduced to 150 and that her concern is the fact that it would tie up two carts. Bremer moved, Printup seconded, to amend the motion to authorize Staff to enter into an agreement with Groupon to advertise with them, with Deal No. 3 being changed to an initial quantity of 150. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Struve reported the storm event last week has resulted in some icy road conditions, which will remain until the weather warms up. Struve indicated the salt the Public Works Departments uses on the roads is relatively ineffective below 10 to 15 degrees and noted the weather is not expected to warm up for approximately another week. Struve indicated the Public Works Department will be going out with the road grader this week attempting to break up some of the ice. McMillan noted she has received a number of compliments regarding the good job the Public Works Department has been doing on the roads this winter season. Struve stated throughout the metro area the roads are in poor condition given the amount of snow that fell. MAYOR/COUNCIL REPORT Levang reported she attended the meeting with City Administrator Loftus on the Lake Minnetonka Scenic Byway Project. The meeting was hosted by Wayzata, with 14 cities being asked to participate in the meeting. Representatives from almost every city were in attendance along with Representative Jan Callison. Representatives from Three Rivers Park, MnDOT and the Minnehaha Creek Watershed District were also in attendance. Levang stated the purpose of the meeting was to discuss creating a Lake Minnetonka scenic byway, which would be an official road designation that would offer some economic and other benefits for the 14 nearby cities in terms of protecting resources and expanding business opportunities. The byway would help to enhance community recognition, enhance community pride and vision, encourage partnering with the various cities, and boost economic development along the byway. Levang indicated a proposal was prepared by a citizen from Wayzata which then made its way to Minnesota’s Scenic Byway Committee. The proposal lists out different resources and things to see and do in each of the communities. Some of the attractions listed for Orono include Noerenberg Park, which is now called Noerenberg Memorial Gardens and the Woodhill Country Club. In total, there are 140 attractions around the lake that are listed in the proposal, and the intent is to attract more people to the area. Levang indicated the group will see a resolution coming out of Wayzata asking the 14 cities to vote on whether they would like to continue the conversation. Based on the support of the participating cities it will be determined whether additional meetings should be held on this proposal. Levang stated it is expected the project will take at least a year before it is finalized. The costs associated with the proposal have not yet been discussed. Other funding sources would need to be looked at since there are no longer any state funds available. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 10 of 14   (MAYOR/COUNCIL REPORT, Continued) Loftus indicated her understanding is that there are no state restrictions on development besides the erection of new billboards along the designated route. Loftus stated the group also tried to address what would happen if one of the 14 cities was not supportive of the byway. Loftus indicated her understanding is that the project would not go forward if all 14 cities do not support it. One of the options that could be considered if all of the cities are not supportive of the byway is that those cities could take a more passive approach in attracting visitors. McMillan asked if there was any concern expressed regarding the number of signs that may need to be erected. Levang indicated there was not outside of the billboards. Levang stated the billboards can only be located in commercial areas. Levang stated there are a number of scenic byways located in Minnesota and they all vary. Levang stated in her view one of the biggest issues was the rationale for why a byway should be created. The proposed byway was presented as a collective effort that would unify the lake experience and that each area could be showcased at a different time of the year, which would help draw visitors to the general area. McMillan commented when she thinks of a scenic bypass, she envisions a quiet, rural road where you can pull over and view the area. McMillan noted County Road 15 would not offer that type of setting given the amount of traffic. Printup asked if there is a beginning and end point to the project or whether a definitive route was even discussed. Levang stated the group did not get into that much detail at this point. The proposal has made its way to the Minnesota Scenic Byways Committee at this point and is currently sitting there. Levang noted what was discussed is not the final plan but merely an idea at this point. The representatives at the meeting were not formally asked to state how each city feels about the proposal and the intent of the meeting was to simply encourage the representatives to go back to their respective cities to talk about it. Levang indicated she will provide the City Council with a packet of information to review and that eventually each city, along with Hennepin County, will be asked whether they want to formally participate in the project. Levang commented she would be interested in hearing what costs would be associated with the project. Gaffron noted there are a number of county and some city roads designated as scenic parkways in the City’s Comprehensive Plan. McMillan reported last Thursday the West Metro Drug Task Force held their recap meeting outlining their successes over the past year. The Drug Task involves police departments from West Hennepin, Medina, and Orono. McMillan stated Orono’s Police Chief will be presenting that information to the Council in the near future. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 11 of 14   (MAYOR/COUNCIL REPORT, Continued) McMillan noted the Gillespie Center will be holding a community forum on relationship abuse on March 6 at 6:30 p.m. The goal is to educate the community about the common warning signs of relationship abuse, which is seen as a need by the police department in the community. Carol Arthur, Executive Director of the Domestic Abuse Project, will be doing the majority of the presenting. CITY ADMINISTRATOR’S REPORT 9. PARK COMMISSION Loftus stated the goal of creating a Park Commission was identified by the City Council as something that should be pursued this year. The City Council discussed the format of the Park Commission and the number of commissioners that should be appointed. The City Council determined the commission should be made up of five to seven members with each commissioner being appointed for a term of three years with staggered terms. At the present time five individuals have indicated a desire to serve on the Park Commission. Loftus indicated Staff would be happy to advertise the other two openings. The first meeting would be March 3rd at 7:00. Loftus stated it is her understanding Council Member Levang would like to nominate a chair. Levang moved, Printup seconded, to appoint Jan Berg, Sarah Lindahl, Dean Lundblad, Rick Meyer, and Jessica Warner to the Orono Park Commission for a three-year term, to direct Staff to advertise the two remaining open positions, and to appoint Rick Meyer as chair. VOTE: Ayes 4, Nays 0. *10. LONG LAKE ROWING CREW – PERMIT APPROVAL Bremer moved, Printup seconded, to direct Staff to send a letter to the Sheriff’s Water Patrol approving issuance of the Special Event Permit subject to the provisions stated in the Water Patrol Permit application, and further subject to, one, no organized practice on Sundays; and two, activities shall not impede the use of the Summit Park beach facilities and access by the public. VOTE: Ayes 4, Nays 0. 11. 2013 GENERAL FUND BUDGET INFORMATION Ron Olson reported on the 2013 General Fund Budget. Olson noted Staff is still processing some invoices from 2013 but that by and large the books for 2013 have been officially closed. Olson reported revenues are currently at 101.3 percent of the budget for the year and expenditures are at 97.49 percent of budget. Property taxes represent 53.7 percent of the City’s total revenues. Property tax collections for 2013 are currently at 99.2 percent, which is the highest current year collection rate since 2004. Licenses and permits increased in 2013 and finished at 110.6 percent of budget. Olson stated in his view that item should continue to be strong in 2014. Other government revenue was very strong as well, finishing the year at 133.7 percent, with approximately $41,000 being related to a storm cleanup grant from the state. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 12 of 14   (11. 2013 GENERAL FUND BUDGET INFORMATION, Continued) At the present time fine revenue is at 75.1 percent of budget. The major reason for this was the lack of a distribution from the drug task force in 2013, which was budgeted for $30,000. The City did receive a federal disbursement, but due to requirements associated with the payment, that amount was credited to the Permanent Improvement Revolving Fund. Olson noted the City’s investment interest is below budget for the year due to the result of a new requirement to mark the investments to the current market value. As a result of a slight increase in interest rates at the end of the year, the current market value of the City’s investments was reduced. Olson stated while the marking down of the value on the City’s books negatively impacts the current year’s interest earnings, it will only impact the City if they are required to sell an investment prior to its maturity. Four departments were over budget and will require budget adjustments in 2014. Those departments include assessing, which finished the year at 105.2 percent; the finance department, which finished the year at 102.84 percent of budget due to changing the IT technician position from part-time to full-time; the Law and Legal Services department at 102.4 percent; and the golf course at 107.6 percent of budget. The remaining departments were either at or below budgeted amounts. Savings from the elimination of the deputy clerk position were a major factor in the administration budget ending the year at 71 percent of budget. The engineering department finished the year at only 62.3 percent of budget, which reflects a lower than anticipated use of the consulting engineer. Olson stated as it relates to GASB 31, the City is now required to mark investments to their current market value. Olson stated it basically is a computer generated estimate that uses the current rate and remaining term but it does not accurately account for step-ups. Olson stated the estimate takes the current year’s earnings at the current interest rate but does not take into account the fact that those interest rates may rise in the latter years. Olson stated in reality the City did not lose that money since those step-ups are not taken into account under GASB 31. McMillan commended Ron Olson for his work on the budget last year. McMillan requested Olson prepare a breakdown of items that the Park Commission has typically spent money on for review by the new Park Commission. Loftus noted the Mayor helped Staff locate a couple of knowledgeable financial Orono citizens to meet with Staff on its investments. Loftus indicated Staff will report back the meeting. Loftus noted the City Council directed Staff at its last work session to post a community development director position. That advertisement has been posted on the City’s website, the City’s listserv, the League of Minnesota City’s website, and the website of the MN Chapter of American Planning Associations. The deadline for applying is March 31. Staff would encourage anyone who is qualified to apply for the position. *12. SERGEANT PROMOTION Bremer moved, Printup seconded, to promote Officer Chad Stensrud to the rank of sergeant with a pay rate of $36.02 per hour (2013 contract), effective February 25, 2014. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 13 of 14   *13. DISPOSAL OF FORFEITED VEHICLES Bremer moved, Printup seconded, to dispose of a 1999 Ford pickup, and 1993 Chevrolet pickup, and a 1999 Chevrolet Cavalier, with the vehicles to be auctioned through the Auto Auction. VOTE: Ayes 4, Nays 0. *14. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) REQUEST FOR CDBG SUPPORT Bremer moved, Printup seconded, to approve sending a letter of support for the CDBG grant application being submitted by the Western Communities Action Network. VOTE: Ayes 4, Nays 0. *15. AMENDMENT TO EMPLOYEE BENEFITS Bremer moved, Printup seconded, to increase to the number of holidays to include Christmas Eve based upon market data, and to amend the Severance Pay at Retirement/Termination of Employment in Good Standing/Sick Pay Handling at Termination to read as follows: “Employees leaving the City in good standing by either retirement or resignation will receive 10 percent of their accrued vacation leave. Each employee with at least three (3) years, but less than twelve (12) years, of full-time service will receive, upon honorable termination of employment, one-third (1/3) of the employee’s accumulated sick leave as severance pay. Each employee with twelve (12) years or more of service will receive, upon honorable termination of employment, one-half (1/2) of the employee’s accumulated sick leave as severance pay. Applicable tax will be withheld from the payments. Pay will be computed at the compensation level effective at the time of retirement or resignation.” VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT 16. SETTLEMENT AGREEMENT FOR WILCOX VERSUS ORONO Mattick noted a couple of weeks ago Attorney George Hoff attended the January 24 City Council meeting to discuss settlement in the matter of Wilcox versus Orono. A settlement has been reached in that matter and the stipulation is before the City Council tonight for review and approval. Mattick noted a portion of the easement will be vacated by the City under the stipulation. Printup moved, Levang seconded, to approve the settlement agreement reached in the matter of Wilcox versus Orono. VOTE: Ayes 4, Nays 0. *17. CLAIMS/BILLS Bremer moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 14 of 14   18. CLOSED MEETING McMillan stated the City Council will go into closed session pursuant to Minn. Stat. 13D.05, Subd. 3(b) to discuss ongoing litigation between the City of Orono and Ryan and Stacy Alness and the City of Orono and Jay Nygard. Bremer moved, Printup seconded, to go into closed session at 8:33 p.m. to discuss pending litigation. VOTE: Ayes 4, Nays 0. (The Orono City Council went into closed session from 8:33 p.m. to 9:40 p.m.) ADJOURNMENT McMillan moved, Bremer seconded, to adjourn the Orono City Council meeting at 9:40 p.m. VOTE: Ayes 4, Nays 0. ATTEST ____________________________________ _____________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor