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HomeMy WebLinkAbout01-09-2017 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. ROLL CALL . The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh,Council Members Richard Crosby, II,Aaron Printup,and Victoria Seals. Representing Staff were City Administrator Jessica Loftus,Finance Director Ron Olson,Community Development Director Jeremy Barnhart,Public Works Director/City Engineer Adam Edwards,City Attorney Soren Mattick,Planner Melanie Curtis,Consulting City Engineer David Martini,and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. OATH OF OFFICE The Oath of Off'ice for Mayor was administered by City Administrator Jessica Loftus to Dennis Walsh. The Oath of Office for Council Members was administered by City Administrator Jessica Loftus to Richard F.Crosby, II,and Victoria Seals. APPROVAL OF AGENDA Item Nos. 13, 16, 17, and 18 were added to the Consent Agenda. Printup moved,Seals seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING OF DECEMBER 12,2016 Printup moved, Seals seconded,to approve the minutes of the Orono City Council meeting of December 12,2016,as submitted. VOTE: Ayes 4,Nays 0. PRESENTATION 3. HENNEPIN COUNTY COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison addressed the City Council regarding the actions taken by Hennepin County over the past year. Callison reported Ridgedale Library will be closing this spring for renovations that may last up to a year and that it has been almost 20 years since a major refurbishment has been done of this library. 'The Social Service Center and courts will stay open during the project. Callison stated Hennepin County will be changing their organics policy in an attempt to create more incentive for individuals and cities to use organics. Currently Hennepin County receives SCOR funding from the state and that money will continue to be passed on to the cities but the formula will be adjusted to reflect whether organics recycling is being used. Callison noted she distributed two items to the Council prior to the meeting. One of the documents talks about child protection. Hennepin County has had a particular concern due to more and more reports of suspected child abuse or child maltreatment. Page 1 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 3. HENNEPIN COUNTY COMMISSIONER JAN CALLISON(continued) In 2008,Hennepin County had 11,000 cases reported,and in 2016,the number is expected to be 22,000 cases,which is a dramatic increase. Callison stated Hennepin County will be adjusting how child protection is addressed in the state since it affects not just how children are treated in Hennepin County but it has also resulted in the need to hire additional employees,which will have a property tax impact as well. The other document pertains to Hennepin County's 2017 legislative priorities. The first five priorities deal with child protection;the METS system,which is the computer system that was put in place to deal with MNSure; Safety Net Health Services; mental and chemical health; and transportation. Callison noted all of these items talk about the need for additional state funding. Hennepin County provides these social services on behalf of the State of Minnesota,and when the state does not compensate Hennepin County for those services,the funds come out of property taxes. Callison stated they are not sure how successful they will be at the legislature to obtain additional funding but that they will continue to raise those issues. In addition,Hennepin County will be asking for money for a new regional medical examiner's facility. The current facility is located downtown by the US Bank Stadium. That facility provides medical examiner services for Scott and Washington Counties in addition to Hennepin County. The current facility is not large enough and is difficult to get to. As a result,Hennepin County is looking to partner with the state on that project. Callison indicated she has talked to Orono Staff about upcoming road projects being undertaken by Orono in 2017. Hennepin County is contemplating a number of projects for this area. In June of 2017, replacement of the Brown Road Bridge will take place over Long Lake Creek,which is located on CSAH 146. Hennepin County will also begin reconstruction of CSAH 112 in 2017,which will take three construction seasons. In addition,a road overlay project is planned for Shoreline Drive from the Arcola Bridge to Hillside Drive in Wayzata. Bids for that project will be opened in April. Two other projects being contemplated in 2020 is work scheduled on CSAH 15/Shadywood Road as well as replacement of the Shoreline Bridge on Tanager's Bay and replacement of the bridge over the Narrows Channel. Hennepin County will be hosting some open houses to discuss those projects sometime in 2017. Council Member Printup thanked Commissioner Callison for her work advocating for Orono and the welfare of the children. Printup noted Orono was able to utilize the Hennepin County youth sports grant for a couple of projects. Mayor Walsh commented County Road 15 has been an issue for a long time and that Orono is looking forward to partnering with Hennepin County on that project. Walsh asked if there is a particular reason for the uptick in child protection. Callison stated part of it likely relates to the increased publicity given to those types of cases and also reflects a change in state standards. Walsh asked if the reports are concentrated to one area. Page 2 of 17 MINVI'ES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 3. HENNEPIN COiJNTY COMMISSIONER JAN CALLISON(continued) Callison stated it is somewhat spread out but that the reports tend to be more concentrated in the heavier populated areas. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT 4. 2017 ENGINEERING SERVICES RATE SCHEDULE Public Works/City Engineer Edwards stated before the Council tonight is the proposed 2017 fee schedule for consultant engineering services from Bolton&Menk. With the exception of project surveying,the fee schedule did not increase. The discount rates for general city engineering services remain unchanged. The rates for the four engineers most commonly assigned to Orono projects will increase an average of 3.5 percent. Edwards stated this will not likely impact routine engineering support but may increase costs for project engineering and development reviews. Edwards noted each individual project will go before the City Council and they will have an opportunity to further address the fees at that time. Council Member Seals commented it appears that the range for the hourly individual engineer fees is pretty wide since it goes from$170 to$240,which is a big difference. Seals asked if a tighter range is something the City could work on for future fee schedules. Consulting Engineer Martini indicated Bolton&Menk would be happy to provide any additional information the Council may want,but that basically the fees vary based on someone's experience. Martini indicated he has the highest fee and that the people who do more of the day-to-day work have a lower rate depending on their expertise and experience. Martini noted their monthly invoices will reflect the specific hourly rates for each project. Martini noted he attends the City Council meetings at no charge and that the fee schedule also contains some reduced hourly rates for certain items. Martini indicated individual projects is where a fee estimate will be prepared detailing the work with a not to exceed fee. Martini stated he would be happy to provide more detail if the Council would like on the engineering fees. Martini stated they do have some checks and balances intemally on how time is spent but still have the appropriately skilled person on the job. Council Member Crosby asked what the increased forecasts are based on. Martini indicated it is primarily labor costs and that it is a competitive market currently. Martini stated in order to hire and retain qualified people,they need to compensate their employees consistent with the market. Walsh stated when the Council sees a 3.5 percent increase,that means less money for roads. Walsh stated he understands the issues with wages but noted Orono's employee wages have not increased that much. Walsh stated he would like to see that decreased. Page 3 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 4. 2017 ENGINEERING SERVICES RATE SCHEDULE(conNnued) Walsh stated as it relates to general day-to-day engineering work,there is a rate schedule,but when there are issues on a particular project and the City receives an opinion from Bolton&Menk,the City may want to obtain a second opinion on the engineering fee portion. Martini stated the City has the ability to provide whatever checks and balances they want on that fee. Martini indicated one of his jobs is to make sure Bolton&Menk is providing fair and competitive fees for the work being completed and that he does that in a number of different ways. Currently labor costs are driving the fees and salaries and that the market is very competitive currently. Martini noted the cost of public employees has driven up private industry costs. Martini indicated they look at the hours that will be needed for a specific project and then see if it is proportionate to the amount of money being spent on the project. Martini indicated they work closely with Staff to make sure they are not including services that City Staff could perform. Martini stated they ultimately want to give the City an appropriate price up front so Bolton&Menk can continue to be the consulting city engineer. Martini stated he is certainly aware of the fact that the engineering bill often times will be the biggest bill from a consulting standpoint and that the fees will add up,which is why they are very sensitive to making sure fair and competitive prices are being charged. Walsh stated when he has an engineering project coming up for his business,coming to a good agreement is required,which is what the fee schedule is all about. Walsh noted Orono uses Bolton&Menk for all of their consulting engineering and that they are not able to go out and get separate competitive bids for each specific project. Walsh stated he would like to see it reduced to 2 percent to be more in line with what Orono's increases have been in employee salaries. Martini stated simply looking at those four individuals that work primarily with the City is an automatic 3.5 percent increase in cost. Walsh stated the range may need to be broken out better. Martini stated he can provide a list of the employees that the City mainly works with but that they typically have other staff that will do as much of the work at a lower fee as possible. Martini stated the Council needs to look at the bigger picture that makes up the fee schedule and that built in the fee schedule is the fact that the City saves money on not having to go out for proposals on each project. Martini stated he does not take his relationship with the City for granted and that he is trying to build and maintain a long-term relationship with the City. Martini noted a number of their proposals are for a not to exceed amount and that they have had a number of projects in the past that have exceeded the not to exceed fee but Bolton&Menk continues to work on the project. Martini stated when Bolton&Menk was initially retained,they committed to making a significant investment in Orono by getting the City's mapping system up and running. In addition,the first CIP document was prepared by Bolton&Menk at no cost to the City. Martini stated the CII'is a tool that can be updated periodically. Martini stated he is grateful for the relationship they have and that Bolton&Menk has tried to make it a fair relationship. Martini indicated he is happy to provide more information on the engineering fees but that he cannot commit to the 2 percent at this time. Page 4 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 4. 2017 ENGINEERING SERVICES RATE SCHEDULE(conHnued) Walsh stated he understands what Mr.Martini is saying and that Bolton&Menk has done a good job for the City. Walsh requested more detailed information on the fee schedule regarding which employees will be doing what. Seals stated a general understanding of where each employee would be used would be helpful. Seals stated the hope is that the City will be doing lots of projects and that they are trying to be mindful of the costs. Crosby commented it could be a volume discount. Martini stated in regards to the volume discount,they attempt to combine trips to different projects to be more efficient as well. Walsh noted Mr.Martini has also offered to meet with each of the Council Members. Martini commented they have attempted to be an extension of Staff and build relationships. Martini stated he would be happy to sit down with all of the Council Members to ensure Bolton&Menk's services reflect the Council's expectations. Seals moved,Printup seconded,to approve the 2017 City of Orono Fee Schedule for Consulting City Engineer,with the understanding that additional information will be provided on the individual employee's salary ranges and what tasks they will be performing. VOTE: Ayes 4,Nays 0. 5. PARK COMMISSION COMPOSITION/ALTERNATES—ORDINANCE NO. 180 Amending the Ordinance Pertaining to the Park Commission ComposiNon Edwards stated the Park Commission recommended at their last meeting to have the ordinance changed to allow for the appointment of alternates to the Park Commission. The Park Commission's rational for the change is to ensure continuity, increase community involvement, and provide an opportunity to create a field of candidates that can move into commissioner positions as they come open. Walsh noted both he and Council Seals attended the Park Commission meeting last week and that it is a good idea. Seals commented in her view it is a great idea. Seals stated one idea that was discussed was whether a Code of Conduct should be added. Walsh stated a Code of Conduct does not necessarily need to be included in the resolution but that he would encourage the Park Commission to perhaps think about creating something outlining the expectations for attendance. Walsh stated the Park Commission is doing a great job and that he looks forward to great things from the Park Commission in 2017. Crosby moved,Seals seconded,to adopt ORDINANCE NO. 180,Third Series,an Ordinance Amending the Ordinance Pertaining to the Park Commission ComposiNon. VOTE: Ayes 4,Nays 0. Page 5 of 17 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,January 9,2017 7:00 o'clock p.m. 6. BIG ISLAND CROSS-COUNTRY SKI TRAII. Edwards stated Rick Carter,director for the Big Island and Back Ski Event held annually on Lake Minnetonka,presented to the Park Commission a proposal for a trial project to see whether the trail would be used and could be maintained properly,he also volunteered to groom the trail on Big Island. The proposal would be at no cost to the City as the group will assume those costs. The event itself will not occur on Big Island but rather around Big Island and this proposal would be to create a trail on Big Island to see whether that amenity will work. The Park Commission voted unanimously to recommend approval of the project. Seals commented she loves the idea since there are very few activities that take place on Big Island during the winter and that in her view the City should embrace it given the fact there would be no cost to the City. Walsh stated he is in agreement and recommended some type of insurance be required since the trail would be located on City property. City Attorney Mattick stated the City can require some type of indemnity or insurance. Mattick stated it was his understanding it would not be on Big Island. Edwards stated the race would not be held on Big Island but that this trail will be created on Big Island and would be separate from the race. Seals stated it is her understanding that Rick Meyers would also be present when the trail is created. Rick Meyers,Park Commission Chair, stated Rick Carter offered to create the trail. Meyers noted due to the covenants on the park,no organized activities are allowed, and that this would be like a demonstration project. Meyers stated there are a few people that do go out and ski on Big Island and that this would be a groomed trail to direct people a certain direction. Meyers stated the more people that the City can get out to the island doing good activities will hopefully help to deter some of the less desirable activities that have occurred on the island. Council Member Printup stated in the letter that was submitted by Mr.Carter,under the outcome that was desired,listed was the City purchasing a groomer to maintain the trail. Printup stated he does not want to set something up where there is a false impression that the City will be purchasing grooming equipment. Edwards stated the Park Commission did discuss that aspect and a more likely way forward would be for the City to enter into an agreement for the organization to groom the trail in the future if it works out and that purchasing grooming equipment by the City would be the last resort. Seals noted the Council would merely be approving the creation of the trail at this point. Printup moved,Seals seconded,to allow the cross-country ski trail grooming as a test concept on Big Island,subject to insurance indemnification being entered into between the City and BIAB. VOTE: Ayes 4,Nays 0. Page 6 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT—KEVIN LANDGRAVER,REPRESENTATIVE 7. #16-3885 HANS AND SHARON BERGH,2800 SHADYWOOD ROAD—VARIANCES— RESOLUTION NO.6715 Curtis noted on December 12, 2016,the City Council voted to unanimously approve waiving the Planning Commission's review of this application. The City Council at that time opened a public hearing regarding the requested variances to redevelop the property. The variances being requested are as follows: lot width, lot area,lake setback,rear setback, garage size,and floodplain fill setback. The Council reviewed the application and voted 5 to 0 to direct Staff to draft an approval resolution for consideration at the January 9 meeting. The Council advised the applicant that the small portion of the patio within the 75-foot setback would not be permitted. To ensure adequate neighbor notifications over the holidays,the application was tabled at the December 12 meeting so the public hearing could be continued and the resolution adopted at the January 9 meeting. The legal notices were published to allow for public hearings by the City Council at the December 12 and January 9 meetings. The applicants have agreed to revise the plans to eliminate the small patio encroachment into the 75-foot setback. The resolution reflects that. Planning Staff recommends approval. The public hearing should be opened tonight and the Council should review the request. Curtis noted that she did amend Exhibit A today,which was put before the Council this evening. Curtis stated due to some software problems,the resolution was overwritten with the exhibit and that no actual changes have been made to the language in the resolution that was published on Friday. Mayor Walsh opened the public hearing at 7:50 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:50 p.m. Printup moved,Seals seconded,to adopt RESOLUTION NO.6715,a Resolution Approving Variance from Municipal Zoning Code Sections 78-330,78-1125,78-1279,78-1680,78-1434,78- 1680,for the property located at 2800 Shadywood Road,File No. 16-3885,with the revised Exhibit A being attached.VOTE: Ayes 4,Nays 0. 8. 16-3878 CITY OF ORONO TEXT AMENDMENT: EMERGENCY DOCKS— ORDINANCE NO. 181 Barnhart noted last April the City adopted an ordinance allowing Hennepin County to place a dock into Lake Minnetonka. The purpose of the dock was to facilitate emergency response. Later in the summer there was a discussion about the need for the Long Lake Fire Department to house their response boat at the dock. To allow that use,the ordinance would need to be amended. Page 7 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 8. 16-3878 CITY OF ORONO TEXT AMENDMENT: EMERGENCY DOCKS— ORDINANCE NO. 181 (continued) The Planning Commission reviewed this request in November and at that time expressed some concern with the requirements of the ordinance slowly being eroded. The Planning Commission ultimately recommended approval of the ordinance allowing overnight storage as a conditional use. Barnhart noted a conditional use application would require a public hearing and a review by the Planning Commission. Staff recommends approval of the ordinance to allow overnight storage as a conditional use. Barnhart noted one of the concerns expressed last year was the proliferation of docks on Lake Minnetonka but that in his view the language contained in the resolution will limit that. Seals commented the ordinance makes sense. Walsh stated one of the concerns raised by the Planning Commission was whether some additional research on whether this is the appropriate location should be done. Chief Van Eyll indicated he reached out to the Mayor of Long Lake who has a contact at the Wayzata Marina about the possibility of a boat slip at that location. Van Eyll stated he has not heard back from him since the holidays. Van Eyll noted Mayor Walsh had some conversations with Rich Anderson,the owner of North Shore Marina,about the possibility of another location on the Tanager side. T'he drawbacks to the Tanager side is the fact that there is a canopy over the boat that would prohibit the Fire Department from using the boat at that location during high water or it would require the boat to be modified. Van Eyll stated other locations looked at in the past included the corner to the east of Your Boat Club called Molly's Corner but the water is fairly shallow in that location and would require the dock to be extended out quite a distance. Crosby asked what the best spot would be if they were able to find an ideal location between the two responding stations. Van Eyll stated the best spot would be based on response times and where the majority of the action occurs which is near the Arcola Bridge where the dock has been located in the past. Van Eyll stated that would make the most sense but that renting boat slips or doing land modifications can be expensive. Walsh stated moving forward,the next step for the fire department would be to speak with Hennepin County about their request. Walsh commented he would be glad to help the fire department in working with Hennepin County. Van Eyll indicated he has put together some information on different response times and calls received. Crosby asked what the average number of calls has been for the past several years on Big Island. Van Eyll stated the Long Lake Fire Department did a study on previous calls not specifically related to Big Island. From 2006 to 2015,the fire department received 66 calls for service where Boat 11 actually went into service. In the last year and a half,there have been five calls for service,with the majority of the calls happening over the 4th of July weekend. Page 8 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 8. 16-3878 CITY OF ORONO TEXT AMENDMENT: EMERGENCY DOCKS— ORDINANCE NO. 181 (conNnued) Seals commented it makes sense and that the City Council supports it. Seals stated she lives on the lake and that in her view this is a good location for a boat since it is one of the busier areas. Printup asked if this is the busiest area. Van Eyll stated some other spots are starting to become more popular as the enforcement increases in this area. There were no public comments relating to this item. Crosby moved,Seals seconded,to adopt ORDINANCE NO. 181,Third Series,an Ordinance Amending the Zoning Ordinance Pertaining to County Dock in the LR-lA Zoning District. VOTE: Ayes 4,Nays 0. 9. 17-3891 CITY OF ORONO TEXT AMENDMENT: SEX OFFENDER RESIDENCY— ORDINANCE NO. 182 Community Development Director Barnhart noted last fall the City Council directed Staff to draft an ordinance that would regulate the living location of Level III sex offenders. A public hearing was held on this matter back in November. The draft ordinance included in the Council packet is what City Staff,the City Attorney and the Police Chief have worked on to address the Council's concerns. Barnhart stated Staff worked hard to ensure that the language included in the ordinance can be enforced and that in Staff's view this does address the Council's and public's concerns. Staff is recommending approval of the ordinance as drafted. Barnhart noted since this is not a land use ordinance,it did not go before the Planning Commission and grandfathering would not be allowed. Walsh thanked City Council Member Printup for raising this issue initially last summer. Walsh noted the City Council looked at another similar ordinance that had already been created and adjudicated in drafting this ordinance and that the City is being proactive before Level III sex offenders come to live in Orono. Printup thanked Staff for working on the ordinance the past few months and that it is a good proactive step-forward. Crosby asked what the major changes are that will occur with the ordinance. Barnhart stated the City's ordinances currently do not address it at all. When the state releases a Level III sex offender,they look to see if there is an ordinance in place, and this will be taken into consideration by the state when locating the offender. Barnhart stated the ordinance is basically a statement of what the community's goals are. Mattick stated more communities are adopting this type of ordinance and that violation of the ordinance would also be considered a violation of their probation. Page 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 9. 17-3891 CITY OF ORONO TEXT AMENDMENT: SEX OFFENDER RESIDENCY— ORDINANCE NO. 182(continued) Mattick stated it is important to have the ordinance on the books so when the state reviews where the Level III sex offender will be residing,they will know what areas are off limits. Crosby asked if there is a certain distance they have to be from schools,daycares,and other similaz facilities. Barnhart indicated it would require them to be more than 2,000 feet from those types of places. Barnhart noted a map of the areas they would be allowed to reside in is included in the Council packet. Seals noted trails and sidewalks are being excluded from the ordinance. Seals asked if that is similar to what other cities are doing. Seals noted Orono has the Luce Line Trail and the Dakota Trail. Mattick stated there is no direct authority that says cities can enact this ordinance and that this is being done under the City's general police powers. Mattick stated Staff attempted to create an ordinance that would withstand a legal challenge and that Level III offenders have been identified by the state as people who are more likely to reoffend. Mattick stated if the City were to include trails and sidewalks,it would be almost the equivalent of a complete ban and that the City would run into problems with that. Mattick stated in his view this is more enforceable and that it has been modeled after the Iowa ordinance,which has been upheld by the courts. Barnhart displayed a map depicting the areas where a Level III sex offender would not be able to locate. Bamhart stated there are a few small pockets throughout the City where a Level III sex offender could live. Staff did discuss whether trails should be included,and since sidewalks are sometimes considered trails and trails are sometimes located in the right-of-way, Staff felt the City could start running into challenges on an enforcement standpoint. Walsh commented more and more cities are adopting this type of ordinance. Seals asked what the protocol is when a Level III sex offender wants to live in Orono. Mattick stated there is a public notification process. Crosby asked what the percentage is for a Level III sex offender to reoffend. Mattick indicated he does not have the answer to that question but that Level III offenders have been identified as the most likely to reoffend. There were no public comments regarding this item. Printup moved,Crosby seconded,to adopt ORDINANCE N0. 182,an Ordinance Amending Chapter 70 of the Orono City Code Creating Article VII Regarding Sexual Predator Residency Restrictions. VOTE: Ayes 4,Nays 0. Page 10 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 10. 17-3892 CITY OF ORONO TEXT AMENDMENT: HOUSE NUMBERING— ORDINANCE NO. 183 . Barnhart stated one of Staff's housekeeping items identified in the November ordinance review was the numbering of houses. City Code identifies three inches for house numbers and the building code requires fourinches. Staff has prepared two ordinances for consideration. Option A modifies only the sections necessary to achieve the original goal,which was to remove the inconsistency between the two ordinances. Option B deletes all language from City Code pertaining to house numbering standards already included in the building code. Barnhart stated both ordinances satisfy the direction of the City Council,which was to fix the inconsistency,but that Staff would recommend Option B. Walsh stated from a philosophical standpoint,he agrees with Option B,and that he does not see a reason to be more restrictive than the building code. Crosby and Seals indicated they are in agreement with Mayor Walsh. There were no public comments regarding this item. Crosby moved,Seals seconded,to adopt Option B,ORDINANCE NO. 183,Third Series,An Ordinance Amending the Code of Ordinances Pertaining to Numbering of Houses and Buildings. VOTE: Ayes 4,Nays 0. 11. 17-3893 CITY OF ORONO TEXT AMENDMENT: RECREATIONAL FIItES— ORDINANCE NO. 184 Barnhart stated at the November work session,the Council directed Staff to complete an ordinance removing the requirement for a resident to obtain an open burning permit for a recreational fire. The draft ordinance removes that requirement. The recently amended fee schedule eliminated the fee. The City has not issued a permit for a recreational fire for the past several years. Barnhart indicated a draft of the ordinance was forwarded to Fire Chief Van Eyll and he had no concerns with the ordinance as drafted. The provisions of the Fire Code still apply to fires. Walsh stated the text code amendments could have been placed on the Consent Agenda but that the Council has gone through them to let the residents know what the Council is changing under City Code. Seals asked whether any residents have ever obtained a recreational fire permit. Barnhart stated to his understanding the City issued quite a few,typically late on a Friday afternoon,but that in the past couple of years Staff has not. Loftus stated in the past that list would be sent to the Police/Fire Departments so they would know it was a recreational fire in the event someone called it in. Page 11 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 11. 17-3893 CITY OF ORONO TEXT AMENDMENT: RECREATIONAL FIIZES— ORDINANCE NO. 184(continued) There were no public comments relating to this item. Seals moved,Crosby seconded,to adopt ORDINANCE NO. 184,Third Series,an Ordinance Amending the Code of Ordinances Pertaining to Recreallonal Fires. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT Seals stated she attended the Park Commission and that it was good to hear someone talk about doing something positive for Big Island. Printup reported last week there was a meeting of the Highway 12 Safety Coalition. The group renewed their commitment to helping improve safety on Highway 12. In an effort to enhance safety along that corridor,MN/DOT is looking at extending the barrier from Highway 6 into Maple Plain. MN/DOT believes that can be done sooner than some of the other projects. MN/DOT is also looking at realigning the intersection of Highway 12 and 90. Efforts will also be made to secure funding from the MN Legislature this year for safety improvements. Printup noted there is a great new restaurant in Long Lake called Logo's where El Parians used to be and that the grand opening was last Friday Crosby thanked Council Member Printup for championing the sex offender ordinance. Crosby stated he would also like to thank City Staff for being so welcoming to the new council and mayor. Crosby stated he would encourage any residents to contact him if they have any questions or concerns via his contact information on the City's website. Walsh welcomed the new Council Members. Walsh stated he would like to thank City Staff for working hard over the past year and that he has been working with Staff for the past 30 days on various appointments. Walsh noted there were a number of code amendments tonight that were approved and that the City now has a code committee that will be meeting monthly to look at the City's building code, the fees,and ordinances in an attempt to simplify things. Walsh stated he would also like to thank Senior Planner Michael Gaffron for his 39 years of service and that he is looking forward to a great 2017. CITY ADMINISTRATOR'S REPORT 12. ANNUAL APPOINTMENTS—RESOLUTION NO.6716 City Administrator Loftus noted before the Council is a list of the annual appointments for approval by the City Council. Loftus indicated last year the City Council adopted a schedule for going out for RFPs on the various appointments and that is attached as a draft resolution. Loftus stated the resolution can be changed if the Council wants,but that it essentially lays out each January that the Council would give Staff direction on which professional services proposals should be sought. Page 12 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 12. ANNUAL APPOINTMENTS—RESOLUTION NO.6716(conNnued) Loftus stated the City is attempting to get on a 5-year rotation for the RFPs and that the auditor position has been identified for 2017. Loftus stated Staff has no issues with the services being provided by the current auditor but that there is perhaps some value in going out periodically for an RFP. Loftus noted Mayor Walsh requested the City Council reconsider the top two firms for prosecuting attorney from last year's RFP by inviting them to another interview with the City Council. Loftus stated she is looking for a motion that puts forward the appointments and provides direction on the RFPs for auditor and city prosecutor. Walsh stated he would like to add Matt Johnson to the code review committee. Kevin Landgraver, 2750 Thoroughbred Lane,stated he would like some more clarification on the committee and how members are being selected. Walsh stated he looked for people who are interested in codes, such as builders,as well as three residents who have been through the building process. Walsh stated the committee would interact with the Planning Commission by making recommendations on planning issues,which will then go before the Planning Commission. Printup moved,Crosby seconded,to adopt RESOLUTION NO.6716,a Resolution Designating Selected Appointments,adding Matt Johnson to the code review committee,seeking an RFP for the position of auditor,and re-interviewing the top two firms for city prosecutor from last year's RFP. VOTE: Ayes 4,Nays 0. (Recess taken from 8:32 p.m.to 8:37 p.m.) *13. DECLARATION OF A VACANCY IN THE OFFICE OF COUNCIL MEMBER— RESOLUTION NO.6717 Printup moved,Seals seconded,to adopt RESOLUTION NO.6717,a Resolution Declaring a Vacancy in the Office of Council Member of the City of Orono. VOTE: Ayes 4,Nays 0. 14. VIDEOTAPING OF PLANNING COMMISSION MEETINGS Loftus stated this item has been discussed previously on a number of occasions and that some background information on the item has been provided in Staff memo. Kevin Landgraver,2750 Thoroughbred Lane, stated as a current Planning Commissioner, he is against videotaping of their meetings but that he is sensing it might be a losing battle since it was originally going to be on the Consent Agenda. Landgraver stated one of the things people fear most is public speaking and that not videotaping the meetings would be less stressful to the applicants,which is part of the reason why the Planning Commission was against it. Landgraver requested the City Council count how many people actually visit the site to watch the meetings to justify the extra$800 per year. Page 13 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 14. VIDEOTAPING OF PLANNING COMMISSION MEETINGS (continued) Printup stated he would be curious to see that information as well for the Planning Commission. Loftus indicated the City is able to track the viewer statistics. Crosby asked how many of the Planning Commissioners were opposed to videotaping. Landgraver stated it was probably three to two against videotaping. Landgraver indicated Chair Thiesse, he and a couple of other commissioners were not in favor of it. Dennis Libby, 1000 Heritage Lane, stated he has benefited tremendously from the videotaping and that in his view transparency is a basic tenet of Orono's democratic government. Libby stated public officials need to have a little thicker skin than your average citizen and that the City Council and Planning Commission are not discussing matters of national security but elements of local city governance that the residents are entitled to see. Libby stated he has spent quite a bit of time going over city council tapes, decisions and votes that did not make it into the public record,and that he would embrace videotaping of the Planning Commission meetings. Libby suggested the Council consider videotaping the City work sessions as well Ralph Kempf, 3675 Togo Road, stated he was chair of the Planning Commission for a number of years and that he shares Kevin Landgraver's concerns. Kempf stated the City Council consists of elected officials,which is a little different from the Planning Commission. Kempf stated he understands how difficult it is to get people with experience to serve on the Planning Commission. Kempf stated the taping of the work sessions is considerably more important towards transparency than videotaping the Planning Commission meetings. Kempf stated in his view the public should hear those conversations. Kempf stated he would question whether someone is going to spend three hours watching the Council meeting and then watch the Planning Commission meetings,but that he loves the idea of the work sessions being videotaped. Printup noted he brought that up a couple of years ago and that he would be in favor of it. Seals stated she appreciates the feedback and that it is difficult for some people to speak in public. Seals stated she knows people are not perfect and that she is hoping people are better than judging how someone looks. Seals indicated while campaigning this fall she heard questions from citizens how the Council got to some of their decisions that were put on Consent Agenda. Seals stated videotaping the meetings gives the community the opportunity to make the choice to watch the meetings if they are interested or unable to attend the meeting. Crosby stated he would agree with that and that it is important to see how the Planning Commission formulates their opinions. Crosby stated being on tape can be nerve racking but that it will get easier with time. Crosby indicated he would be in favor of it since it gives the residents an idea of how decisions are arrived at. Crosby stated he also likes the idea of videotaping the work sessions. Page 14 of 17 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,January 9,2017 7:00 o'clock p.m. 14. VIDEOTAPING OF PLANNING COMMISSION MEETINGS Printup stated he has brought this up numerous times in the past and that he is in support of it. Videotaping the meetings provides transparency and allows people who might not be able to attend the meeting to watch. Printup stated he would be interested in knowing how many people watch the Planning Commission meetings. Printup noted the number of viewers watching the Council meetings was a lot higher than what was expected. Walsh stated transparency was a big issue when he talked to the residents. Walsh indicated he has attempted to attend all the Planning Commission meetings and that he likes to hear the inflection and dialogue at the Planning Commission level. Walsh stated not everything is included in the official record and that this would give the residents an opportunity to hear what was said. Walsh stated it is also a philosophical decision. Walsh stated when they start talking about transparency and non-transparency,the question is where does it stop,and that in his view it should all be transparent since that gives the citizens trust in their government. Walsh stated the more information available to the citizens,the better. Walsh noted the City did not have meeting notes of work sessions when he first started on the Council. Walsh stated he was unable to attend one of the work sessions and that he had no idea what was talked about because there was no record of the discussion. Walsh stated he would like to go back to having full meeting notes of work sessions as a starting point but that they need to look at the logistics of recording the work sessions since currently it occurs in an area where there are no cameras or microphones. Walsh stated videotaping the Planning Commission meetings is moving in the right direction of more transparency. Printup moved,Seals seconded,to direct Staff to move forward with videotaping the Planning Commission meeHngs. VOTE: Ayes 4,Nays 0. 15. CITY ADMINISTRATOR RECRUTMENT PROPOSALS City Administrator Loftus stated three proposals were submitted in response to the City's reyuest for assistance in the recruitment of a new city administrator. The search firms are the David Drown Associates,Brimeyer Fursman,Waters&Company,a Springsted Company. The proposals range in price from$16,000 to $21,000 but contain different guarantees and techniques. Loftus noted Mayor Walsh has been working closely with each of the firms in getting the proposals put together. Loftus stated the proposals are pretty accurate based on what she knows about each of the companies. Walsh stated he did obtain some of the names from City Administrator Loftus. Walsh stated he would like to get the feedback of City Administrator Loftus on the firms. Walsh noted the three firms specialize in county and municipal employees. Seals asked if the City has worked with any of these firms before. Page 15 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 o'clock p.m. 15. CITY ADMINISTRATOR RECRUTMENT PROPOSALS(continued) Loftus indicated she has but that she dces not know if the City of Orono has specifically. Loftus stated she has worked with Brimeyer Fursman and Springsted. Loftus stated she knows of the David Drown Company,which is more focused on rural counties rather than the metro,and is probably the reason why they can be a little more competitive. Loftus noted the David Drown Company offers a good 24-month guarantee and that in her view they are worth considering. Loftus stated Waters has a unique technology component to their selection process. Walsh stated in his view all the firms would do a good job and that it is more a matter of who the Council is comfortable with. Mattick stated he has not worked with David Drown but that he has worked with the other two firms. Mattick stated it comes down to people's personalities and that each firm handles their business differently. Crosby asked whether any of the neighboring cities have utilized any of these companies. Loftus indicated Wayzata just recently used Waters and in the past have used Brimeyer. Seals stated the price difference between the three firms is not that big. Seals stated when she looked through the list, she felt that Springsted had more of the cities aligned with the makeup of Orono and that in her view they might have a better understanding of Orono and the surrounding community. Walsh noted the one company that has the lower bid only guarantees 18 months versus 24 months. Printup stated he is leaning towards the Springsted Company given their technology and the fact that they have worked with similar sized cities in the past. Printup stated the City is not in a huge hurry and that he would want to do it right. Walsh stated since Springsted recently worked for Wayzata,they might have their fmger on the pulse of things better. Crosby stated he also likes the technology aspect and the similar sized cities that Springsted has worked with. Seals moved,Printup seconded,to accept the proposal from Waters& Company,a Springsted Company,to provide recruitment services for the position of City Administrator. VOTE: Ayes 4, Nays 0. *16. RETIItEMENT OF SENIOR PLANNER MICHAEL GAFFRON Printup moved, Seals seconded,to accept the resignation of Senior Planner Michael Gaffron effective May 31,2017.VOTE: Ayes 4,Nays 0. Page 16 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,January 9,2017 7:00 dclock p.m. *17. HENNEPIN COUNTY RECYCLING GRANT—RESOLUTION NO. 6718 Printup moved, Seals seconded,to approve the Residential Recycling Grant Agreement between the City of Orono and Hennepin County. VOTE: Ayes 4,Nays 0. *18. 2016 INTERFLTND TRANSFERS Printup moved, Seals seconded,to approve the transfers and loan payments as indicated on the Schedule of 2016 Interfund Transfers and Loan Payments. VOTE: Ayes 4,Nays 0. CITY ADMINISTRATOR'S REPORT,CONTINUED Loftus noted the City has received the Certificate of Financial Excellence again, which is a testament to the City's Finance Department. Loftus commended Ron Olson and the work of the finance department. Loftus noted the application deadline far the City Clerk position was today and that the committee will be reviewing those applications in the near future. Loftus noted a discussion was also had about needing to reschedule the March 27 Council meeting due to spring break. Crosby indicated he would not be available. Loftus stated she would bring some options forward at the next City Council meeting to reschedule that meeting. *CLAIMSBILLS Printup moved, Seals seconded,to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick stated he had nothing to report. ADJOURNMENT Printup moved, Crosby seconded,to adjourn the Orono City Council meeting at 9:03 p.m. VOTE: Ayes 4, Nays 0. ATTEST: !i i . z��''�) ��-r-�-� � � ` � � � 1 � 'ane Ti:,gs, City Clerk ;� Dennis Walsh,Mayor Page 17 of 17