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Home My WebLink About07-22-2013 Council Packet Agenda for Council Meeting Set for Monday, July 22, 2013, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes * 2. Council Work Session of July 8, 2013 * 3. Regular Council Meeting of July 8, 2013 Planning Commission Comments – Bruce Lemke, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 4. 13-3604 Eskuche on behalf of Neil & Barbara Goodwin, 2975 Casco Point Road – Variances & CUP - Resolution Public Works Director/City Engineer’s Report 5. Dakota Trail Parking at Bayview Place 6. Pay Request No. 1 - Willow Drive Reconstruction Project 7. Replacement of Portable Generator 8. Green Trees Rd Sanitary Sewer Extension 9. Brush Disposal Site Update 10. City Lake Accesses/Fire Lanes Mayor/Council Report City Administrator's Report 11. Navarre Crosswalk Striping Plan 12. Performance Evaluation for City Administrator 13. General Fund Budget Information City Attorney's Report 14. Licenses & Permits * 15. Claims Agenda for Council Meeting Set for Monday, July 22, 2013, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Adjournment Upcoming Events 2013 08/12 – Council Meeting, Monday, 7:00 p.m. 08/19 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Lizz Levang) 08/26 – Council Work Session, Monday, 5:30 p.m. 08/26 – Council Meeting, Monday, 7:00 p.m. 09/02 – Holiday, Labor Day – Offices Closed 09/09 – Council Meeting, Monday, 7:00 p.m. 09/16 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Kristi Anderson) 09/23 – Council Work Session, Monday, 5:30 p.m. 09/23 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL WORK SESSION Monday, July 8, 2013 5:30 p.m. Present: Mayor Lili McMillan, Council Members Kristi Anderson, Cynthia Bremer, Lizz Levang and Aaron Printup; representing Staff were City Administrator Jessica Loftus, and Police Chief Correy Farniok. Police Chief Correy Farniok showed the triathlon route requested for the third week in August 2014 by Hits Triathlon Series from New York. He reported the City of Wayzata has approved the use of their beach but the majority of the bike and run would be in Orono. It was noted this event would be a timed race which requires closed streets. Discussion ensued on whether there are any positive impacts for Orono residents with the event coming through our city. Others commented that it appears this level of race would shut down our city for a day and a half and uses too many resources. The consensus of the Council was it would be better to keep this entire event in Wayzata. Farniok also discussed a request from the City of Mound to provide CSO services. The Council was comfortable with pursing a contract provided an “out clause” was included. Steve Kleineman, SKD Architects, presented the Police Remodel and Expansion Study. He reported on the space needs analysis for the existing space and presented schematic options for consideration. The City Council was generally positive about the findings and requested the topic be brought back for more discussion at a future work session. There were no comments regarding Information Update items. The meeting closed at 6:50 p.m. ATTEST: ________________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 07/22/2013 Approval of Council Work Session Minutes 07/08/2013 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 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 Cynthia Bremer, Aaron Printup, Lizz Levang, and Kristi Anderson. Representing Staff were City Administrator Jessica Loftus, Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Finance Director Ron Olson, 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 o’clock p.m. APPROVAL OF AGENDA Item Nos. 4, 7 and 8 were added to the Consent Agenda. Levang moved, Anderson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF JUNE 24, 2013 Levang moved, Anderson seconded, to approve the minutes of the Orono City Council work session of June 24, 2013, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF JUNE 24, 2013 Levang moved, Anderson seconded, to approve the minutes of the Orono City Council meeting of June 24, 2013, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *4. #13-3603 CHERYL CORYEA & RICHARD DEVLIN, 3085 CASCO POINT ROAD, VARIANCES – RESOLUTION NO. 6300 Levang moved, Anderson seconded, to adopt RESOLUTION NO. 6300, a Resolution Granting Variances to Orono Municipal Code Section 78-350(B), for the property located at 3085 Casco Point Road. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 1 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 13 5. #13-3604 ESKUCHE ASSOCIATES ON BEHALF OF NEIL AND BARBARA GOODWIN, 2975 CASCO POINT ROAD, VARIANCES – PUBLIC HEARING Curtis stated the applicants are proposing to construct a new residence on the property and are requesting an average lakeshore setback variance to construct the house as proposed. Also being requested is a conditional use permit to conduct land alterations within 75 feet of the lake for redesigned stairs, landings and smaller retaining walls. At the time of the Planning Commission meeting, the applicants plan exceeded both hardcover and structural coverage limitations. Since that time the applicants have revised their plan so that both hardcover and structural coverage levels are met. The average lakeshore setback line is determined by the location of the homes on the two neighboring lakeshore lots. The property immediately to the south of the applicants’ property consists solely of a tennis court and a tall perimeter fence or wall which is situated on or over the applicants’ property line. The same owner also owns the tennis court lot. The applicants are requesting an average lakeshore setback variance to encroach up to 21 feet into the setback with portions of the new home. Even with the encroachment, the applicants’ proposed plan appears to improve the views of the lake for the neighbor to the north at 2967 Casco Point Road. Due to the separation between the two homes and the location of the tennis court, the views of the lake from 2987 Casco Point Road to the south do not appear to be adversely impacted by the proposed encroachment. At the June 17 Planning Commission meeting, there were a number of neighbors who spoke about the application and specifically discussed storm water issues on Casco Point Road. The applicants’ property exists on a little point on Casco Point Road. Curtis stated approximately two weeks ago she and the City Engineer and Staff visited the site, along with a representative of the applicant, and the City Engineer provided some direction regarding grading and drainage. His comments are included in the City Council’s packet. Curtis noted that the Planning Commission voted 5 to 0 to recommend approval of the variances as requested contingent upon City Engineer approval of the grading plan and that all storm water and drainage issues are resolved prior to the issuance of a building permit. The Planning Commission further recommended that vegetative screening and architectural features be incorporated on the north side of the garage to break up the massing effects. Staff recommends approval of the conditional use permit and the average lakeshore setback variance consistent with the Planning Commission’s recommendations. Tonight the Council should open the public hearing and take comments from the applicant and the public and then direct Staff to draft a resolution reflecting the Council’s decision. Bremer noted she attended the Planning Commission meeting and that the Planning Commission made some good recommendations for the project. Printup asked if any additional public comment has been received since the Planning Commission meeting. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 2 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 13 (5. #13-3604 ESKUCHE ASSOCIATES ON BEHALF OF NEIL AND BARBARA GOODWIN, 2975 CASCO POINT ROAD, VARIANCES – PUBLIC HEARING, Continued) Curtis indicated she has not received any. McMillan asked what the status of the grading plan is for the 0-75 foot area and whether Staff is okay with the plan. Curtis stated Staff is generally okay with the submitted plan Staff will be reviewing the grading plan further at the time the building permit is issued. McMillan noted she did visit the site today and that she has a question regarding the trees in the area. McMillan asked if all the young trees would be removed as part of the grading plan. McMillan indicated she has an additional concern with the flagstone and whether that would be considered extra hardcover. Curtis stated the color rendering is misleading and that the grade area will be a pervious surface. The flagstone will be randomly placed in a circular pattern and will be considered hardcover. McMillan asked if the flagstone will be placed on top of gravel. Curtis indicated that has not been fully determined at this point. McMillan noted the neighbor to the north had a fire pit with grass around it and that she could not tell if the applicants’ fire pit was going to be located further into the slope. McMillan indicated she has a concern with how much grading was going to occur in the 0-75 foot area. McMillan stated generally the City allows people to replace what exists and that she is not sure how often the City has allowed flagstone fire pits. Levang asked whether there is going to be any hardcover in the 0-75 foot zone. Curtis indicated there will be stairs, some retaining walls, and the pavers in the 0-75 foot area. Barbara Goodwin, Applicant, stated currently the lakeshore consists of timber retaining walls and a wooden deck that is deteriorating. Goodwin indicated they would like to remove the existing retaining walls and they have hired Norling Landscape to design a plan that grades the lakeshore approximately 20 feet back from where the retaining walls begin with a gradual slope down to the lake. The deck and retaining walls will be removed but it will require stairs down to the lake, which will consist of meandering flagstone steps and pathway. As it relates to the fire pit, it will be located approximately one- fourth of the way down the slope in a currently flat area. Goodwin indicated it will not be one of those big paver fire pits but will consist of just a few flagstones in a circular pattern. The current flat areas will consist of grass. Levang asked what will be done with the gazebo. Goodwin indicated that will be removed and the hardcover has been reduced from 28 percent to 24 percent. McMillan asked if they will be utilizing the existing soil. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 3 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 13 (5. #13-3604 ESKUCHE ASSOCIATES ON BEHALF OF NEIL AND BARBARA GOODWIN, 2975 CASCO POINT ROAD, VARIANCES – PUBLIC HEARING, Continued) Goodwin indicated they will utilize the existing soil to create a more gradual slope. Goodwin noted the larger tree by the boathouse will be left but the buckthorn, smaller trees, and underbrush will be removed. Native grasses, shrubs and other trees will then be planted in that area. McMillan stated she had a concern that there was going to be clear cutting on the lot. Goodwin stated they want to retain the retaining walls, make the area more natural, and improve the drainage. Printup commented he was happy to see the applicant reduce the hardcover consistent with the Planning Commission’s recommendations. McMillan stated the City prefers to keep the natural look as much as possible. Bremer commented the plan is a huge improvement over what is currently there and that it takes into account the neighbors’ concerns with the drainage. Mayor McMillan opened the public hearing at 7:15 p.m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 7:15 p.m. Anderson moved, Printup seconded, to approve Application #13-3604, Eskuche Associates on behalf of Neil and Barbara Goodwin, 2975 Casco Point Road, and direct Staff to draft an approval resolution granting an average lakeshore setback variance and a conditional use permit. VOTE: Ayes 5, Nays 0 6. #13-3610 CITY OF ORONO, AMEND SECTION 78-72, LOTS OF RECORD – ORDINANCE NO. 108 AND SUMMARY ORDINANCE NO. 109 Gaffron stated the proposed ordinance is intended to amend the City’s section on nonconforming lots of record and to clarify that Section 78-72(B) applies just to non-shoreland properties. Gaffron noted Section 78-72(C) applies just to shoreland properties. The ordinance amendment clarifies the term R District, which was presumed to mean all residential districts, and also clarifies the difference between the R District, the LR District, and the RR District. McMillan noted as it relates to Page 2, Section 3, it reads the lot area and lot width of each lot should meet at least 50 percent of the district standard. McMillan noted at one time it used to be 80 percent and asked whether that has been changed recently to 50 percent of the district standard. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 4 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 13 (6. #13-3610 CITY OF ORONO, AMEND SECTION 78-72, LOTS OF RECORD – ORDINANCE NO. 108 AND SUMMARY ORDINANCE NO. 109, Continued) Gaffron indicated the 80 percent standard was removed a number of years ago and that this is talking about rural residential districts or districts that are greater than one acre. Gaffron stated typically the two acre and five acre lots are not shoreland, but if they are, as long as the person meets setbacks, septic requirements, and hardcover standards, they would be allowed to build on an existing lot of record. McMillan asked if the City requires the 80 percent standard in any district. Gaffron indicated the 80 percent standard was eliminated a few years ago. Gaffron indicated Staff is not aware of any properties that are in a substandard situation that would be affected by this amendment. As a result, Staff has a high comfort level that there will be no known impacts if this is adopted. Printup moved, Levang seconded, to adopt ORDINANCE NO. 108, Third Series, City of Orono, Hennepin County, Minnesota, an Ordinance Amending Section 78-72 of the Orono City Zoning Code Regarding Lots of Record, and to adopt SUMMARY ORDINANCE NO. 109, Third Series, for publication. VOTE: Ayes 5, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Struve reported the City’s tree disposal site has been open for the past two weeks but is now closed. The site will remain closed unless it is determined that it needs to be opened longer. Over the next few weeks the City will be utilizing a big chipper and disposing of the trees and branches located on the site. At the present time the site is approximately half full. Struve noted city crews have worked hard over the past couple of weeks cleaning up the storm debris and have successfully opened up all the blocked streets. Struve noted the Navarre streetlight survey is open until Tuesday, July 9. Access to the online survey is now closed but the residents are still able to print off the survey from the City’s website and either e-mail it to Staff, mail in the survey, or drop it off at city hall over the next couple of days. Struve reported the Willow Drive project is moving along nicely in spite of the rain storms and the contractor will be working from the north to the south on the street and ditch improvements. Struve indicated the Public Works Department will be in contact with the residents on Willow View and other adjoining streets to notify them of the different closures. *7. PAY REQUEST NO. 8 – ORONO ORCHARD ROAD RECONSTRUCTION PROJECT Levang moved, Anderson seconded, to approve Pay Request 8 for the contractor Minge Construction, Inc., in the amount of $143,556.26 for the Orono Orchard Road Reconstruction project. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 5 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 13 MAYOR/COUNCIL REPORT McMillan reported that Eagle Scout Thomas Longe has checked on the copyright issue relating to the phrase “Land of the Free Because of the Brave” and found no issues. McMillan indicated she did meet with Mr. Longe at City Hall and a discussion was had regarding the possible removal of some of the trees in the area of the memorial. McMillan stated a decision was made to keep two of the hawthorn trees and to place a bench in between them to provide some shade. Mr. Longe is also proposing to put some tall grasses around the base of the World War I monument to help set it off a little bit. McMillan indicated Mr. Longe will be back before the City Council on August 12 with a new landscaping design and that they discussed possibly doing a dedication of the new memorial in November around Veterans Day. McMillan stated she spoke with Bob Vavrek, United States Golf Association turf advisor. McMillan indicated Mr. Vavrek was in town visiting other courses and she asked him to visit the Orono Golf Course to get his opinion on the course. Mr. Vavrek stated he felt the course was in good shape and that the grass on the greens consists of a strong carpet of bed grass without a lot of weeds. Mr. Vavrek provided some recommendations to Ron Steffenhagen regarding maintenance of the course and the drain tile, which will likely have to be replaced. McMillan indicated she will compile his comments into a memo for the golf course committee Bremer suggested some of his comments be included on the golf course website. McMillan commented a number of good improvements have been made at the golf course and that the committee and Staff have done a good job. CITY ADMINISTRATOR’S REPORT Loftus noted there is an open house scheduled for Thursday, July 11, from 4:30 to 7:00 regarding the reconstruction of Old Highway 12/Highway 112 being hosted by Hennepin County Department of Transportation. On display for public review and comment will be a layout of the preliminary concept for the new Highway 112 project. The open house will take place at the Long Lake Community Bank. There will not be a formal presentation by the Department of Transportation. Loftus reported she has also received news that the LMCD approved their budget with a 3 percent increase, which will affect Orono’s share of the levy. The second budget option that was being considered, which included the herbicide treatment, failed to pass. The City’s LMCD representative, Drew McDermott, reported that the weevil study will not occur this year due to a lack of weevils. Loftus noted the Long Lake Fire Advisory Board met recently and that they are in the process of working on the 2014 budget. At this time they are looking at a slight increase. Loftus indicated she encouraged them to come in with a zero percent increase for next year’s budget if at all possible. *8. HIRING OF PART-TIME COMMUNITY SERVICE OFFICER (CSO) Levang moved, Anderson seconded, to approve the hiring of Joshua Needham as a part-time community service officer at $13.45 per hour (no other benefits). VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 6 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 13 CITY ATTORNEY’S REPORT 9. CABLE TELEVISION FRANCHISE ORDINANCE NO. 110 Mattick noted the City Council formed an executive committee to study the issue of directly franchising with cable providers such as Mediacom and also to study the process of working with the LMCC. Through that process the executive committee had some discussions with Mediacom regarding direct franchising. Mattick stated an update was provided at the last City Council work session, and what is before the Council tonight is the proposed final agreement regarding direct franchising between the City of Orono and Mediacom rather than continuing to use LMCC for that franchise. Mattick noted the City would need to send a withdrawal letter to the LMCC at some point if that is the direction the City Council elects to pursue. Mattick stated the agreement, if approved, would become effective the first of next year, with an initial term of ten years and a five-year renewal provision. In terms of fees, it is contemplated there will be a five percent franchise fee based on subscriber usage as well as a PEG fee, which the City can use for capital improvement or technology related upgrades. In general, between franchise fees and PEG fees, Orono residents paid to the LMCC around $90,000 to $100,000 last year. Approximately $17,000 consisted of the PEG fees and the remainder consisted of franchise fees. Mattick noted there were a number of reasons why the City Council chose to review its relationship with the LMCC and consider entering into a direct relationship with Mediacom. One of the reasons discussed was the amount of fees being paid by the City in comparison to the amount of services it received. Mattick stated basically every member city received approximately the same level of service but the amount of fees paid by the various cities varied considerably. Another reason for the change was the lack of Internet access by a number of Orono residents and the impression of the executive committee that the LMCC had not done a satisfactory job of developing a plan for when those residents would receive service. Mattick noted the agreement before the Council tonight requires that Mediacom do a complete build-out of those areas by the end of 2015. Mattick noted in a show of good faith, Mediacom has pledged to start some of the build-out in 2013 even though the agreement does not take effect until 2014. Mattick stated the last major item addressed in the agreement is a method for obtaining a permanently mounted camera system for the City of Orono council chambers versus utilizing a stand-alone camera. While the agreement does not contain a formal plan or design for that system, built into the agreement is a grant provision where Mediacom would provide up to $75,000 to the City upon request, with Mediacom being allowed to recoup that $75,000 through the City’s PEG fees. Theresa Sunde, Mediacom’s Government Relations liaison, stated she handles over 200 communities in Minnesota, and parts of Iowa, South Dakota, Arizona and California. Sunde indicated Mediacom is happy to have been able to negotiate a franchise agreement directly with Orono. Sunde noted it is a non- exclusive agreement, which means that someone else could come into the city as a cable provider. Mediacom has agreed to extend cable to 19 miles of Orono that currently does not have service within the next three years. Orono will receive a percentage of the franchise fees as well as all of the PEG fees. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 7 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 13 (9. CABLE TELEVISION FRANCHISE ORDINANCE NO. 110, Continued) Mediacom currently offers a number of services, including basic broadcast, which is Channels 2 through 22; a family TV package up to 102 channels, plus HDTV channels; pay per view; video on demand; digital audio/music; and digital video recorders. By reinvesting in infrastructure, Mediacom ensures its customers it will continue to provide good internet service. Other services include free nationwide calling to 100-plus countries, commercial internet and telephone service for business customers, night and weekend appointments, a 90-day money back guarantee, and boundary free TV. McMillan noted year one of the build-out consists of approximately five miles and includes County Road 6 and Old Crystal Bay Road. Year two will include Stubbs Bay Road and Watertown Road, and year three will include a couple of different pockets. Loftus noted year one starts in 2013. Mattick noted the build-out basically goes 5, 5, and 9 in terms of miles. Mattick stated one of the things to keep in mind from Mediacom’s perspective is that there is a certain logical way to extend their services and so the City is allowing Mediacom some discretion in choosing the order of the build-out. McMillan opened the meeting for public comment at 7:40 p.m. Dee Scott, Mound, stated she was a teacher in the Orono School District for 30 years and that Orono is a community that has high standards and has achieved a number of accomplishments over the years. Scott indicated she watches LMCC Channel 12 to see the concerts, school programs, festivals and City Council meetings. Scott stated she is disappointed to see that the Orono City Council is looking at getting rid of Channels 8, 12, 20, and 21 and that she will not be able to watch the City Council meetings, school board meetings, school events, church services, election coverage, and community events such as festivals, parades, concerts, and election coverage. The LMCC offered over 40 programs this year for election coverage and over 400 programs for public access, which provides the residents an opportunity for free speech. Scott noted after she left the Orono School District, she started volunteering at the LMCC and that it is a wonderful resource with lots of opportunities. Public access was set up to allow the citizens to state their views. Scott stated as wonderful as the Orono schools are, she finds it hard to believe that this Council would choose to take that off the local channels. In addition, the school district has TV production classes through the LMCC for free. The transparency that is needed in our society relating to government and school board is available through the LMCC and the residents need that access. Scott noted the fees are collected from the subscribers and are meant to give the citizens freedom of speech as well as allow the community the opportunity to view what is happening on a local level. Scott stated she understands the money part but that the Council needs to consider what it will cost the community and the churches. Scott indicated she is also worried about customer complaints and customer service. Under the current system, if Mediacom and the customer cannot come to an agreement, they are able to go to the LMCC for assistance. Scott commented she hopes the Orono City Council will keep their high standards and retain the local programming for this community. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 8 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 13 (9. CABLE TELEVISION FRANCHISE ORDINANCE NO. 110, Continued) McMillan noted Mediacom is going to be providing the City with three channels that can have local broadcasting and that the City Council meetings will be broadcast on one of those channels. Programming from other cities can also be broadcast over those channels. McMillan indicated a lot of those decisions are yet to be determined. Scott stated the Mayor makes it sound so easy but that television programming requires a lot of work, equipment and editing. Scott questioned whether the City would be able to put together a staff to do that. McMillan noted a lot of the LMCC programming is available on the Internet and a number of people prefer to watch it on their laptops. McMillan stated the unanswered question at this point is whether the LMCC would be willing to share some of their programs on the City’s channels. McMillan indicated the City will be talking to the LMCC to see whether they would be willing to share some of that programming. Scott asked what would happen if the LMCC goes away because of decisions like this. McMillan indicated she is not able to speak for the LMCC. McMillan stated as it relates to the customer service aspect, if a citizen is having difficulty with Mediacom, they would be able to call the City of Orono. Scott asked whether additional staff would be hired to deal with customer complaints. McMillan noted the LMCC has received eight complaints so far this year and three of them were regarding obtaining service out of the 17 member cities. Scott noted Southwest Cable went away under similar circumstances and now those cities are looking at bringing it back. McMillan stated she understands those cities redid their JPA but that she is not sure what is prompting that. They currently rent out some space in Bloomington and pay $15,000 a year for use of that studio. Scott stated she would reiterate that as far as the schools are concerned, the school board meetings and other events that the LMCC provides for the residents, she finds it a total shame that those events will not be aired. Scott noted it takes people who are trained to cover those events and to produce the programming. Scott stated she would plead with the Council to reconsider what they are doing and to look at trying to work with the LMCC as they have in the past in order to offer all the things that are currently being offered. Henry Braningham, County Road 6, stated he currently has no public access and that he is surprised at how big the areas are that are not currently receiving service. Braningham indicated he has very limited options and that he currently gets his Internet through his cell phone service, which is very expensive and slow. Braningham stated he has called the LMCC a number of times over the years to inquire about service and basically has received nothing. Braningham stated he does not know about all the money issues and that he is currently not able to watch any of those special events referred to earlier. Braningham stated in his view this is a good thing for the people who do not currently receive service. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 9 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 13 (9. CABLE TELEVISION FRANCHISE ORDINANCE NO. 110, Continued) Tom Bergeson indicated he is in the process of moving back to Orono after being gone for 25 years. Bergeson stated he was told he would have Internet service prior to signing the purchase agreement and then later found out that he does not have service. Bergeson commented he was rather dumbfounded to find out that in this day and age there are sections of Orono that do not have service. Bergeson indicated he would like to get broadband service since it is important to his business and his personal life. Bergeson indicated he would be willing to pay to have it run 300 feet up to his house. Bremer stated the comments tonight are reflective of the conversations of the Council and that this was a process that took some time to go through. Bremer indicated she is still not over her concerns about losing public programming. Bremer indicated she grew up in New Ulm, which has internet everywhere, and that she moved to Orono in 1999. Bremer stated she initially heard about this issue on the Planning Commission and that in her view it is remarkable there are people who do not have access to the Internet in this day and age. Bremer stated she initially started this process with the belief that Mediacom was stonewalling, and that if the City could just get a different provider in here that would help. Bremer stated she has come to realize that a direct franchising relationship would allow flexibility on both sides. Bremer stated the overwhelming comments for the past six years have been from residents who have complaints about not having access to the Internet. Bremer indicated the Internet allows her to periodically work from home, which is true for a number of other people, and was also a factor in her decision. Bremer stated the one difficult item in this process is the potential loss of programming and that all members of the Council are committed to public access. Bremer stated the City will do whatever it can to ensure public access will continue and that they will use the City’s three channels the best way they can by attempting to continue to provide access to the community’s favorite programs. Bremer indicated she personally watches a lot of the local programming and that she, as well as everyone else on the Council, values it. Bremer stated this process was not just about saving money but rather about obtaining access for the residents who live in the19 miles throughout the City that do not currently have the ability to access the internet, which should be the number one point that is taken away from this process. Levang noted she is a sitting member on the LMCC and that she, along with the Mayor, have put a lot of time and effort into the franchise process. The Council did not walk into this lightly but what was of concern is the 19 miles that are not built out in the community. The LMCC has been asked to tackle that issue but hasn’t. Mediacom has committed to extending their service in 2013 five additional miles in a good faith gesture. The City has received many calls and e-mails, as well as petitions, from citizens begging for service. Levang stated as an elected member of the community, she takes very seriously what her constituents want, and they want cable. Levang stated the Council is listening to the citizens, and while there are citizens who take issue with what the Council is doing, they need to look at what is best for the overall community. Levang stated the City must have a full build-out, and with the LMCC, that was never guaranteed. The LMCC was asked what their commitment to the build-out was in Orono. The LMCC could not give the City a guarantee, which was one of the reasons that drove the City to negotiate a direct franchise. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 10 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 13 (9. CABLE TELEVISION FRANCHISE ORDINANCE NO. 110, Continued) Levang noted access to public programming is important and the City will do everything in its power to continue that. Currently the LMCC is saying they will cut Orono and other member cities from their programming if they pursue direct franchising. Levang indicated the City will continue to work with the LMCC in an attempt to retain public access and that one of the options is perhaps paying for that service on an ala cart basis. Levang noted this was not an easy decision and that the Council has worked many, many hours negotiating the agreement. Printup stated he would like to thank Council Member Levang and Mayor McMillan for all their work on this agreement. Printup stated he is committed to transparency and that when he first started on the Council, the meetings were not taped and the school board meetings were not taped. Printup stated he wants to be sure that people understand that as it relates to transparency, the Council meetings will still be broadcast and there will be transparency at the government level. As it relates to the school board meetings, sporting events, and other community events, Printup stated in his view the ability is there to continue that service and the Council is committed to continuing to provide that service. McMillan stated approximately 30 years ago, when the LMCC was first formed, the cities were small and video was in its infancy. Currently there are a couple of cities in the LMCC whose franchise fees are upward of $60,000 and other member cities who pay $10,000 for basically the same service. In addition to the big difference in the fees paid by each member city, there are approximately five cities that are not totally built out, which have created some real differences within the 17-member JPA. McMillan stated as a result of that, she came to the conclusion that now is the time for Orono to have a direct franchise. Currently the Cities of Medina, Mound, and Wayzata have a direct franchise and then contract with the LMCC to have their government meetings taped and played back on the Internet. McMillan stated personally it is not as much about leaving the LMCC as it is about having a direct franchise. Based on a number of reasons, the time has come for Orono to have its own franchise. McMillan stated she would like to thank Mediacom for coming to the City and offering to help with the build-out. McMillan indicated the LMCC kept asking the City Council for input but that she feels the City’s input over the past six to nine months has not been heard. In addition, the City of Medina started giving the LMCC input prior to that. McMillan stated in her view the LMCC’s approach is to maintain the status quo, but if they do not change voluntarily, change will happen regardless. McMillan commented thirty years is a long time to hold on to a business model without looking at it and making some changes. McMillan stated she would like to spend less time tonight discussing why the City is leaving the LMCC and instead spend more time discussing why the City feels it needs a direct franchise with Mediacom. One of the great things about the agreement is to provide internet access to those areas of Orono that do not currently have service. McMillan stated she would like to thank Mediacom for being a partner with Orono to make that happen. Anderson stated Mediacom is showing good faith by starting a portion of the build-out this year prior to the agreement going into effect as well as partnering with the City on the PEG fees. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 11 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 13 (9. CABLE TELEVISION FRANCHISE ORDINANCE NO. 110, Continued) McMillan stated once the agreement is approved, the City will start working on programming. McMillan noted the City will still be a member of the LMCC until the end of the year and that the City Council meetings will be taped by them until that time. McMillan noted the agreement with Mediacom starts on January 1, 2014, and that the City will receive its first payment in April of 2014. If the City needs to acquire equipment, it will be able to use the grant money that Mediacom has offered. McMillan stated the City has a lot of options and that the Council will want to look at all of them very thoroughly. Levang moved, Printup seconded, to adopt ORDINANCE NO. 110, an Ordinance Granting a Franchise to Mediacom Minnesota, LLC, to Construct, Operate, and Maintain a Cable System in the City of Orono, Minnesota; Setting Forth Conditions Accompanying the Grant of the Franchise; Providing for Regulation and Use of the System; and Prescribing Penalties for the Violation of its Provisions. VOTE: Ayes 5, Nays 0. McMillan noted she has drafted a letter to the LMCC listing the reasons why Orono wants its own franchise. McMillan stated there are basically three reasons for the change and they include the complete build-out of the remaining cable areas and Orono retaining control of the income received from the franchise and PEG fees, which will be used in the best interests of the City. McMillan indicated in the past the City has had little control over how the fees have been spent. McMillan stated the third reason contained in the letter is the fact that the LMCC business model is outdated, expensive and bureaucratic. McMillan stated the City found it difficult to provide input and got the impression that the City’s comments were not being heard. The LMCC did not see the difficulties Orono had three years ago with the lack of build out and instead began discussions about installing an expensive fiber optic network that the City did not want. McMillan stated the City’s fees were used to study that project when they could have been allocated to the build-out. McMillan indicated in the last paragraph the City would still like to work with the LMCC if the LMCC decides that they want to provide Orono with an agreement similar to what they have with Mound. If the LMCC is not interested in working with the City, McMillan indicated she will be submitting a formal letter to withdraw. McMillan stated another reason for the letter is to inform the other member cities of Orono’s decision. Bremer stated as the letter is currently drafted, she would not be in favor of it. Bremer stated the first two reasons outlined in the letter are why she supported the agreement, but that the third point might give the impression to the LMCC that Orono has an interest in continuing the conversation. Bremer indicated she does not have first-hand knowledge of the LMCC’s business model but that she does not feel their business model has much to do with the first two points. Bremer noted the City now has an agreement directly with Mediacom, and if the City is going to cancel its arrangement with the LMCC, the letter should reference specifically whatever the City needs to reference in order to accomplish that. Bremer asked whether the City Attorney has reviewed the letter. Mattick indicated he did review the letter and that he views the letter more as a policy statement of why the City is leaving the LMCC. Mattick stated he also reads the letter as saying that if the LMCC decides to change how they do business and offer a service provider mechanism, Orono may stay in the group. Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 12 of 13] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 8, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 13 (9. CABLE TELEVISION FRANCHISE ORDINANCE NO. 110, Continued) Bremer commented the letter in her view sends a mixed message. McMillan stated the letter is intended to let the LMCC know that if they want to continue to work with Orono, the Council would be willing to listen and explore ideas with them. Levang stated as someone who sits on the Board of the LMCC and the executive committee, the third paragraph is relevant. The business model of the LMCC is one of the reasons Orono is leaving. Levang noted Orono pays almost $90,000 in fees while some of the other member cities pay several thousand but all the cities are receiving basically the same service. Bremer stated it does not state that in the third paragraph but that she understands what the Mayor and Council Member Levang are saying. McMillan stated the LMCC is a high-cost organization and Orono’s concerns have been brought to their attention. McMillan indicated this is not a withdrawal letter but it is a letter telling the LMCC that Orono is going to direct franchise with Mediacom but remains open to discussing public programming with them. Printup stated in his view the letter lays out the City’s positions fairly well and helps explain to some extent the role of the LMCC. Levang moved, Printup seconded, to approve the letter addressed to Roger Hackbarth, LMCC Chair, and Sally Koenecke, LMCC Executive Director, regarding Orono’s direct cable franchise with Mediacom. VOTE: Ayes 4, Nays 1, Bremer Opposed. *10. LICENSES AND PERMITS None *11. CLAIMS Levang moved, Anderson seconded, to approve payment of the All Fund Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Levang moved, Anderson seconded, to adjourn the Orono City Council meeting at 8:20 p.m. VOTE: Ayes 5, Nays 0. ATTEST ___________________________________ ______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 07/22/2013 Approval of Council Minutes 07/08/2013 [Page 13 of 13] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - CC Agenda - 07/22/2013 File #13-3604 [Total Pages 87] Item #04 - 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