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HomeMy WebLinkAbout04-28-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 1 of 13   ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Kristi Anderson, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Assistant City Administrator of 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, 6, 7, 8, 9, 10, 11, and 15 were added to the Consent Agenda. Item No. 16 was removed from the Consent Agenda. Levang moved, Anderson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF APRIL 14, 2014 Levang moved, Anderson seconded, to approve the minutes of the Orono City Council meeting of April 14, 2014, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 2a. RICK MEYERS Rick Meyers, Chair of the Park Commission and member of the Navarre Community Initiative, stated he would like to speak about a donation Mrs. Englund has offered to make in honor of her late husband at the Navarre Park. Meyers indicated Mrs. Englund was part of the original Navarre Community Initiative, which is a group of concerned citizens who want to improve Navarre. Meyers stated he got together with the Navarre Community Initiative prior to going on the Park Commission and also attended some meetings. Meyers stated during one of the meetings he spoke with Mrs. Englund about the donation and that they discussed several different options. The option decided upon was to erect a living memorial, which would consist of a wall of lilacs in back of the playground area on the north side of the park. Meyers reported this past Saturday a group of people from the Navarre Community Initiative removed all of the buckthorn and shrub brush, and generally cleaned up the entire northern part of the park for possible future plantings. Mrs. Englund has agreed to contract with Norling’s Landscaping to plant lilac bushes. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 2 of 13   (2a. RICK MEYERS, Continued) Meyers stated he is here tonight to encourage the City Council to accept the donation and to authorize the project. In addition, Mrs. Englund would like to install a memorial stone in honor of Paul Englund. Meyers indicated he has spoken with Jesse Struve about this project and that he has raised some general concerns about the memorial stone. Meyers displayed a picture of the memorial stone being considered. Struve stated he does not necessarily have concerns regarding the donation or the proposed placement of the lilacs. Struve indicated there is a fence mainly along the north side of the park with the exception of one portion and that the lilacs would help fill in that gap that is in front of the parking area. Struve stated he would request the Park Commission review this project since it will be located in a city park and that there will be some long-term maintenance issues that should also be considered. One question is whether the City would be required to replace the lilacs if they should die or what should happen if future changes are made to the park. Struve stated the donation itself is very nice and welcomed, but that there are some long-term impacts the Park Commission and City Council should look at and provide input on prior to accepting the donation. Anderson asked if the City has a donor policy in place. Anderson commented it is a wonderful gift and that in her view the City should go ahead with the project, but that perhaps the Park Commission could look at implementing a donor policy at some point in the future if there is not currently one in place. Struve stated currently Orono does not have such a policy. Anderson commented many cities currently have such a policy. Struve indicated Tonka Bay and Shorewood have that type of policy as well as a number of other communities. McMillan concurred that the donor policies used by other cities should be reviewed by the Park Commission. McMillan asked what the time frame is for the project. Meyers stated they would like to have the project completed by June 7, which is the date the Navarre Community Initiative had planned to do a replenishing of the plantings. Meyers stated they would like to have a little ceremony with Mrs. Englund to recognize the donation at that time and to show the City’s appreciation. Struve noted this item will be on the Park Commission’s May agenda. Struve stated even if the project is delayed until the end of May or early June, it is still feasible to have it completed by June 7. Meyers stated the worst case scenario is that the ceremony does not happen on June 7 but that it would be nice to have the lilacs planted in the spring so they can get established prior to the winter. McMillan commented lilacs tend to bloom around Memorial Day weekend. Meyers stated the experts have said that everything is approximately two weeks behind given the weather. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 3 of 13   (2a. RICK MEYERS, Continued) Levang asked if Mrs. Englund would pay Norlings directly and whether the Finance Director has any issues with how this donation would be accounted for. Olson stated the City would simply accept the donation similar to any other donation, but that what happens five to twenty years from now as far as upkeep would be the issue to keep in mind. Meyers stated most landscapers will provide a one-year growth warranty and that he will likely be the one watering the lilac bushes. Meyers stated there will be issues with nature over the years and that it is not possible to address all of them at this time. Meyers stated he also does not believe that Mrs. Englund has an expectation the City will replace them ten years from now if they should die. Meyers stated he would like the City Council to accept the donation tonight and then they can go to the next phase of planting the shrubs. Struve stated what Mrs. Englund is proposing is not necessarily a bad thing but that there could be a situation where another person comes in with another memorial listing the person’s date of birth and date of passing and that the park could end up resembling a cemetery. Struve stated it comes down to what the Park Commission and the City would like to see happen in the city-owned parks. Struve recommended the Park Commission take a look at the message proposed for the memorial stone. Levang stated since this is on the agenda for the upcoming Park Commission meeting, she would like to see the recommendation of the Park Commission on what they would like to see for the future of the park and whether memorial stones should be included. Levang stated she would also like to have the Park Commission look at establishing a formal donor program and then make a formal recommendation. Printup stated from a community standpoint, it is a good idea, but that he does not want to get caught up in bureaucracy to the extent that it deters people from wanting to donate items. Printup stated in his view it would be acceptable to receive the donation in order to keep the process moving forward because a policy potentially could take up to two months to approve. Levang stated the donation should be accepted now and then the Park Commission could come back at some point in the future with their recommendations on a formal donor policy relating to the parks. Anderson stated she does not have an objection to accepting the donation contingent upon the Park Commission’s approval and recommendations, but that the Park Commission should discuss what a formal donor policy should look like at some point in the future with perhaps some suggestions for what items would be acceptable in order to help guide people looking for ways to memorialize a loved one. Meyers asked if the City Council is saying that they would accept Mrs. Englund’s donation to go forward with the planting of the lilacs and have the Park Commission discuss the memorial stone, and then look at formalizing a donor policy. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 4 of 13   (2a. RICK MEYERS, Continued) McMillan stated in her view that is a good plan. Anderson moved, Printup seconded, to accept Mrs. Englund’s donation contingent upon the Park Commission’s recommendations and approval. Loftus noted the City Council typically adopts a formal resolution accepting the donation and that Staff will bring that resolution back at the next City Council meeting. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS – JOHN THIESSE, REPRESENTATIVE None PUBLIC COMMENTS Dennis Walsh, 1354 Rest Point Circle, stated he would like to expound on the Rest Point Road reclamation project that was discussed by the Council a couple of weeks ago. Walsh stated the road currently has emergency vehicle and fire lane issues and that he is wondering if the fire chief has been asked for his opinion on the fire lane. Walsh stated the reclamation project is now the perfect time to fix the curb issue that occurred because a neighbor had a problem with water going down his driveway and into his house or garage. Walsh stated now is the time to remove that curb and widen the road. Walsh stated they have had emergency vehicles go down that road many times over the years and that he wants to make sure that the reclamation project addresses that problem. Walsh stated now is the right time to take care of the problem with the curb and widen the road to allow for proper emergency vehicle access. Walsh reiterated that he would like to find out what the fire chief has to say about it. McMillan noted at the last Council meeting the City Council approved the creation of the plans and specifications and that the engineers will be making their recommendations to the Council. McMillan stated if Mr. Walsh or his neighbors have concerns once the plans have been prepared, the Council would like to hear those but that the City Council does not want to get into micromanaging the project. McMillan stated the Council understands the curb is an issue and that the engineers will be making their recommendations regarding that. Walsh stated he respectfully disagrees with the Mayor slightly on that since the role of the City Council is to provide direction to the engineers and that is what they are elected to do. Walsh stated it is the responsibility of the City Council to ensure the safety of the residents. McMillan stated if the road is substandard and the road needs to be widened for emergency vehicles it may become a bigger issue than simply reclaiming the road. McMillan stated if Mr. Walsh would like that to be a consideration, the City Engineer can take a look at that, but that it may make it difficult to reclaim the road. McMillan stated the engineers will be taking a look at that and making their recommendations. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 5 of 13   (PUBLIC COMMENTS, Continued) Walsh noted it was asphalt prior to concrete being put there and that it is not an issue of widening the road. Walsh commented it is likely all the Council members have seen the condition of the roadway and curb. McMillan stated some of the roads in the City are substandard and that the repairs may be made to a substandard road. Walsh stated he does not understand that as it relates to the curb. McMillan stated she is talking about widening one section of the road. Walsh stated the road should be brought back to its original condition. Walsh stated there is a 40-foot section that needs to be addressed and that someone placed concrete over the asphalt. McMillan stated she was not sure whether he was talking about widening the entire road or only a section of it and that she was attempting to clarify the issue. PLANNING DEPARTMENT REPORT *3. JOINT USE DOCK LICENSE RENEWALS – RESOLUTION NOS. 6388 THRU 6396 Levang moved, Anderson seconded, to adopt RESOLUTION NOS. 6388 thru 6396, Resolutions Establishing Policy Regarding Certificate of Survey Requirements for Joint Use Dock Licenses, and to adopt RESOLUTION NOS. 6388 thru 6396, Resolutions Directing Staff to Issue a Joint Use Dock License to Bohns Point Lane Homeowners Subject to Conditions Noted Herein for the Period of January 1, 2014, to December 31, 2014, and to direct Staff to issue a Joint Use Dock License to the following for the period from January 1, 2014, to December 31, 2014: Bohns Point Lane Homeowners; Forest Arms Country Club Addition Homeowners Association, Inc.; Foxhill Homeowners Association; Kelly Cove Homeowners Association; Kelly Cove Homeowners Association of Orono; Minnetonka Power Squadron; Pheasant Lawn Homeowners Association; Tonkawa, Inc. (Property Owners at 460, 500, and 550 Tonkawa Road); Victoria Estates Homeowners Association; and Walter’s Port Maintenance and Improvement Association. VOTE: Ayes 4, Nays 0. *4. #14-3656 NELCO LANDSCAPING ON BEHALF OF THOMAS RANGAARD, 2765 SHADYWOOD ROAD – AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT, RESOLUTION NO. 6397 Levang moved, Anderson seconded, to adopt RESOLUTION NO. 6397, a Resolution Granting a Variance from Municipal Zoning Code Sections 78-1279, 78-1282, and 78-1680, and a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-966 and 78-1286, for the Property Located at 2765 Shadywood Road. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 6 of 13   5. #14-3651 KLEINEMAN/SKD ARCHITECTS ON BEHALF OF THE CITY OF ORONO, 2750 KELLEY PARKWAY – SITE PLAN REVIEW AND VARIANCE – RESOLUTION NO. 6398 McMillan stated she did not have any issue with this application but that she would like to open it up to public comment. Levang concurred that the meeting should be open to public comment since this is a City project. Mayor McMillan opened the public hearing at 7:25 p.m. There were no public comments regarding this item. Mayor McMillan closed the public hearing at 7:25 p.m. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6398, a Resolution Granting Site Plan Approval Pursuant to City Code Section 78-821 with Variances from City Code Section 78- 1605 for Property Located at 2750 Kelley Parkway. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Struve reported the City had its annual cleanup day on April 26 and that the event was better attended than last year. Struve stated he does not have the exact tonnage that was dropped off yet but that those numbers should be available next week. Struve indicated a number of electronics, washers and dryers, and scrap metal was dropped off. Struve noted the Orono golf course opened last weekend and that there were a couple of days of nice weather that allowed golfers to be out on the course. Struve stated as it relates to the Groupon advertising, 355 Groupons have been sold to-date, which equates to approximately $6,000 in revenue. Fifteen of those Groupons have been redeemed. Struve indicated he has also received two positive comments regarding the Groupons and that multiple people have purchased a second round. Struve stated overall the Groupon advertising is going well so far. Struve stated the City may or not be receiving phone calls regarding the high water levels throughout the City and that he personally has received a number of phone calls. *6. SAFE ASSURE COOPERATIVE SAFETY TRAINING AGREEMENT Levang moved, Anderson seconded, to approve the proposal from Safe Assure Consultants, Inc., for conducting 2014 safety training and preparation of the related written programs and documentation for $3,998.00. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 7 of 13   *7. WATER SYSTEM IMPROVEMENTS Levang moved, Anderson seconded, to approve the proposal from Bolton and Menk for design services for the 2014 Water System Improvements for a not-to-exceed cost of $60,510. VOTE: Ayes 4, Nays 0. *8. SANITARY SEWER REHABILITATION PROJECT Levang moved, Anderson seconded, to accept the design phase services proposal from Bolton and Menk in the not-to-exceed amount of $5,500. VOTE: Ayes 4, Nays 0. *9. LIFT STATION #14 - GENERATOR Levang moved, Anderson seconded, to accept the quote from Quality Flow Systems in the amount of $15,020.00 for the generator at Lift Station 14 and Egan Companies for the electric service in the amount of $2,825.00. VOTE: Ayes 4, Nays 0. *10. LIFT STATION #18, #20, AND #31 REHABILITATION PROJECT Levang moved, Anderson seconded, to award the reconstruction bid to Quality Flow Systems, Inc., in the amount of $118,550.00, and award the electrical bid to Egan Companies in the amount of $11,629.00. VOTE: Ayes 4, Nays 0. *11. NORTH WATER TOWER REPAINTING PROJECT – CHANGE ORDER NO. 1 Levang moved, Anderson seconded, to approve Change Order No. 1 in the amount of $24,420.00 to Classic Protective Coatings, Inc. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Printup reported the ice is out on Lake Minnetonka. CITY ADMINISTRATOR’S REPOORT 12. FIRST QUARTER FINANCIAL REPORT Ron Olson, Finance Director stated the first quarter is the slowest quarter for revenues and expenditures but that it does provide a glimpse into how the rest of the year will go. Olson noted the City does not receive its first tax settlement until June, which accounts for the low revenue percentage for the quarter. Olson stated if taxes received are at 100 percent, the City’s budget will be in good shape at the end of the year. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 8 of 13   (12. FIRST QUARTER FINANCIAL REPORT, Continued) Olson reported licenses and permits are already at 21 percent of budget, which is very good and that in his view they will be over 100 percent by the end of the year if the trend continues. Olson noted most grants are typically received at the end of the year and that the City will be receiving a $170,000 grant in October. Charges for services are at 43 percent of part. Part of that is related to the City of Mound, which pays their police contract in January. Olson noted fines consists of only two months, which puts that item slightly behind projections, but that he does not have any concerns relating to that specifically. Olson noted he has not allocated the interest for the first quarter since it is based on average fund balances by month and that he does not receive the investment statements until approximately April 16. Olson indicated that allocation of the first quarter interest will show up in the second quarter report. The City has currently earned approximately $27,000 overall in interest earnings. Last year at this time the City was at $30,000. Olson stated the decrease is due to the lower interest rates being paid. Olson stated he is estimating the City will be at 100 percent of revenues by the end of the year unless something drastic happens. Olson noted as it relates to expenditures, those are still on target for the year at 24.9 percent. Olson noted a couple of budgets are currently over budget, such as the Mayor and Council Department, but that is the result of the timing of payments. Assessing is at approximately 41 percent but is due to the payments being made only twice per year. The Fire Department is at 49 percent but is also impacted by the timing of payments and should be at 100 percent by the end of the year. Special services consist of pass-through charges and are currently at 43 percent, which is offset by that same amount of revenues. Olson stated the other General Fund department budgets are in good shape for this time of the year. Olson stated as it relates to investments, the graph on the overhead depicts all of the City’s investments. At the present time the City has approximately $8 million in CDs, which are FDIC insured and pose very little risk to the City. Olson stated the CDs highlighted in yellow depict the ones that were purchased since December of 2013. Olson stated according to the City’s current investment policy, the City Council is supposed to be informed of new depositories, which includes CDs. Olson stated to his recollection that notification has not been done in quite some time and that he is attempting to rectify that and bring it into compliance with the City’s policy. Olson stated the next graph depicts the City’s other investments. The City currently has approximately $6.7 million of government bonds. The ones highlighted in yellow are the new investments. Olson stated the number in the lower right-hand corner reflects the market value, which is $152,000 under the par value. Olson stated at the end of December that number was $230,000. Olson stated on paper the difference in the market value analysis is $70,000 in interest. Olson stated the City Council should not be too concerned about that number since it is not necessarily a real number. McMillan asked if that is what it would be if they were sold today. Olson stated it would be. Olson stated most cities hold their investments to maturity and that the City can take on more risk if they tend to buy and sell on a more frequent basis. Olson stated the number one rule is preservation of principal. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 9 of 13   (12. FIRST QUARTER FINANCIAL REPORT, Continued) McMillan asked if this is money that is considered available. Olson indicated it would not be and that they would only be sold if something catastrophic happens. Olson stated with all the City’s investments, the City currently has four brokers and that he is currently phasing out UBS. The City currently has $1.6 million in money market, which is high compared to historical amounts but it is money the City may need sooner depending on upcoming projects. Olson indicated the City can sell money markets without any risk or penalty but that commercial paper tends to involve a higher risk. Olson noted the money market account was $3 million at the end of 2013 but has been brought down to $1 million due to various investments that have been made. Olson indicated the money market account provides the City with some flexibility to obtain money if necessary. Dennis Walsh, 1354 Rest Point, asked what the $400,000 cash transfer involves. Olson stated the $400,000 transfer is a transfer from the General Fund and $240,000 of that transfer went into the Equipment and Improvement Construction Fund, which is typically used to purchase city vehicles or major building repairs. Olson stated it is basically a capital fund and is designed to allow the City to save money so when things need to be replaced, the City does not have to sell bonds or take a loan out. Olson indicated use of that fund is outlined in the Capital Improvement Plan, which is available on the City website. Loftus asked if that was a budgeted transfer. Olson indicated it was. Walsh asked what the other $160,000 out of that total amount is for. Olson stated that $160,000 is being transferred into the Capital Improvement Fund for the police garage project. Walsh stated in order to have better transparency the transfers should detail what it is being allocated for. Olson stated to his knowledge the budget that is on the website should contain that information. Walsh stated it is not identified in the materials presented tonight. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 10 of 13   13. INVESTMENT POLICY, RESOLUTION NO. 6399 Olson stated the investment committee consisting of himself; the City Administrator, Tom Olson and Charlie Kelley met earlier this year and had a nice discussion regarding the overall finances of the City. The committee discussed the City’s investment policy and did have some recommendations for changes. One of the first questions asked by Charlie Kelley was regarding the City’s primary goal they wanted to achieve with the investment policy and whether it was for preservation of principal. Olson stated preservation is the primary goal and that the City typically does not take a lot of risks since they do not want to face the loss of principal. Olson stated Kelley also specifically mentioned the need for the City to keep some cash on hand in the event of a tornado or other catastrophic event until state funding became available. Olson stated the committee did have some recommendations they agreed on. Under the reporting section, it was suggested that the wording “annualized rate of return” be removed. This suggestion was made because the annualized rate of return refers to very specific calculation and that the City may run afoul of some federal regulations if something is called an annualized rate of return and the calculation is incorrect. It was determined that it would be better to simply list the amount of interest received rather than provide the annualized rate of return. Olson noted under the instruments section, a suggestion was made to remove the ability to invest in the general obligation of the Minnesota Housing Finance Agency. This has been removed in the proposed investment policy and wording has been added to limit the City’s ability to invest in general obligations of the State of Minnesota that provide for essential services rather than any items that are categorized as moral obligations. Olson noted as it relates to the maturities and diversification section, the committee felt that the maximum allowed for a specific maturity should be reduced to 5 percent rather than 35 percent. This would limit the maximum investment in any one security to $750,000. The City currently has two investments of $1 million. These investments will be held until maturity to avoid a loss of principal if they were sold early. Olson stated currently the CD market has provided the highest rates of return with the least amount of risk and the City has approximately 50 percent of its investments in CDs. Olson noted the City can receive between three to five percent on a CD with only one percent on a government bond. Olson noted another suggestion by the committee was to determine if the First National Bank of the Lakes should meet stricter requirements. Olson noted the bank is currently exempted from the minimum capital and net worth requirements that other banks are required to meet. Olson indicated Staff is working with the City’s auditors to determine that. Olson stated in addition to the changes to the investment policy, the committee discussed some additional issues related to the City’s finances. One issue that was discussed involved insurance coverage for investment issues. The City currently has theft coverage up to $250,000 per incident but there is no coverage for market losses. Also suggested was that the City performs criminal background and credit checks every five years for key employees with access to City funds. This suggestion has not been incorporated into the Investment Policy, if the Council is interested in exploring that; it could be incorporated into the City Personnel Policy. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 11 of 13   (13. INVESTMENT POLICY, RESOLUTION NO. 6399, Continued) Olson noted the final suggestion of the committee was to change the depository of the semi-annual tax settlements received from Hennepin County. Currently those payments are wired to the First Bank of the Lakes. On the day the funds are received, the total amount deposited at the bank exceeds the amount of the City’s FDIC insurance and collateral with the bank. Olson stated effective with the next tax settlement the funds will instead be wired directly to the 4M fund. Olson recommended the City Council adopt the resolution amending the City’s investment policy. McMillan thanked Charlie Kelley and Tom Olson for helping the City out on its investment policy. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6399, a Resolution to Amend the City of Orono Investment Policy. VOTE: Ayes 4, Nays 0. 14. LEGAL SERVICES AGREEMENT Loftus noted the City Attorney has proposed a new legal contract for the Council’s consideration tonight with an increase in rates for 2015. The main reason for the request is that their hourly rates have remained flat since 2009. Mattick stated their rates have remained flat for the last six years and that they are not proposing the rate increase go into effect in 2014. Mattick stated they are making the request now because the City will be undergoing its annual budget process. Mattick noted his law firm does not build automatic escalators into their contracts and that they have attempted to keep the rates flat for a number of years, which is something they are very proud of. Mattick noted his law firm’s operating expenses have not remained flat for six years and that it is warranted after six years. Printup asked if this is a one-year agreement. Mattick stated it is. Dennis Walsh, 1354 Rest Point Circle, stated he appreciates the letter but that in his view the city attorney should bring a real argument to the table justifying the rate increase. Walsh stated simply because the Attorney’s rates have not been raised in six years is not a good argument and neither is the fact that he does not have automatic increases in his contract. Walsh stated a better argument would be whether he is doing a good job for the City. Walsh stated in his view $155 an hour is plenty, which brings up the broader issue of a vote of confidence in general. Walsh stated he does not have confidence in the legal advice being given by the City Attorney given the number of lawsuits the City is currently involved in that have cost the City a lot of money. Walsh indicated the non-enforcement of different issues has also cost different individuals legal fees that are not getting these things enforced. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 12 of 13   (14. LEGAL SERVICES AGREEMENT, Continued) Walsh stated in his view the legal advice that has been given so far and the direction the Mayor has taken on these issues has been poor. Walsh stated the request for additional money is questionable and that the City Council should perhaps look at hiring a new city attorney given the number of issues that have occurred in the community that has cost the taxpayers to incur their own legal fees to have things enforced. McMillan stated in her view the City has received very good legal advice and that the City Attorney is allowing the City Council to determine whether his rates should be raised based upon his performance. McMillan indicated she appreciates the fact that legal fees have not been raised in six years. Levang stated she would echo the comments of the Mayor. Levang noted the City had a number of issues with the LMCC and that they greatly depended on the advice of the City Attorney. Levang commented it was a hard-fought battle and that she has nothing bad to say about the legal work that was performed. Levang noted the Lakeview application was also a difficult matter and that she appreciated the legal guidance that was given to the City as well as the prompt responses to e-mails and phone calls. Levang stated she stands 100 percent behind Soren Mattick and that she is glad he is on the City’s team. Levang moved, Anderson seconded, to approve the Agreement for Legal Services Agreement between the City of Orono and Campbell, Knutson, effective January 1, 2015. Loftus stated Staff also recommends approval of the rate increase. Loftus noted on the night of the officer shooting, the City Attorney was available during the middle of the night and early Saturday morning to answer questions. Loftus commented she does not know if that is typical for a City Attorney. VOTE: Ayes 4, Nays 0. *15. LICENSES Garbage and Refuse Collector’s License 1. Baldy Sanitation 5906 Henry Street Maple Plain, MN 55359 Levang moved, Anderson seconded, to approve the above listed license. VOTE: Ayes 4, Nays 0. 16. CLAIMS/BILLS Walsh noted there was a $35,000 lawn mower that had no detail attached to it. Loftus stated that item was approved by the City Council approximately one month ago and will be used at the golf course. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 13 of 13   (16. CLAIMS/BILLS, Continued) Struve noted the approval was given March 10. Walsh commented it would be nice to have the detail on that item listed on the report. Loftus indicated Staff can provide Mr. Walsh with the detail on that item. Walsh stated it would be helpful to have it listed on the report what the item will be used for. Walsh noted the other items listed in the report have what the purpose is but that line item does not. McMillan noted it is a John Deere mower for use on the golf course. McMillan stated the golf course is now under the General Fund. Anderson moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Mattick noted he will not be in attendance at the next City Council meeting and that he will talk with Staff to determine whether it will be necessary to have someone else from his office attend that meeting. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 8:00 p.m. VOTE: Ayes 4, Nays 0. ATTEST _______________________________________ ______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor