HomeMy WebLinkAbout05-11-2015 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh,
Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community
Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis,
Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City
Engineer David Martini, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Item Nos. 7, 8, 10, 13, and 14 were added to the Consent Agenda.
Printup moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF APRIL 27, 2015
Printup moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of
April 27, 2015, as submitted. VOTE: Ayes 5, Nays 0.
*3. CITY COUNCIL WORK SESSION OF APRIL 27, 2015
Printup moved, Walsh seconded, to approve the minutes of the Orono City Council work session of
April 27, 2015, as submitted. VOTE: Ayes 5, Nays 0.
PUBLIC HEARING — 7:00 P.M.
4. ANNUAL PUBLIC HEARING FOR NPDES PHASE H STORM WATER PERMIT
Public Works Director & City Engineer Edwards stated tonight is an opportunity to inform the public on
the status of Orono's permitting process for its NPDES Phase II stormwater permit as well as gather any
input and meet the statutory requirement for an annual update.
Edwards stated this is a federal program run by the Environmental Protection Agency, which runs the
national pollution discharge elimination system. Underneath the EPA, there is the State of Minnesota and
the Minnesota Pollution Control Agency, who oversees the MS4 permit that is issued to the City
regulating how the City's stormwater system is operated. The Minnehaha Creek Watershed District also
plays a role in the City's stormwater and water quality in general. At the city level Orono has a surface
water management plan, which is dated 2011, and outlines how the City takes care of its stormwater.
Page 1 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
4. ANNUAL PUBLIC HEARING FOR NPDES PHASE H STORM WATER PERMIT
(continued)
Edwards stated stormwater has both local and global impacts through a decline in biodiversity, habitat
loss, increased flooding, aesthetics, human health and a decline in drinking water quality. As a result,
there is a focus on the national, state and local levels to look at stormwater and how human beings interact
with that stormwater or create it.
The City's basic requirements are to have a stormwater pollution prevention program, which includes best
management practices that are used across the nation. As part of the requirements, an annual report is
required to be provided to the Watershed District; an ordinance must be developed regulating stormwater,
which Orono has done; and a stormwater system map must be created of the City's natural stormwater as
well as those manmade features that have been built to carry it.
The six control measures under the MS4 permit include: public education and outreach, public
participation and involvement, creation of an illicit discharge detection and elimination program,
construction site stormwater runoff control, post -construction stormwater management, pollution
prevention, and good housekeeping for municipal operations.
Typical pollutants include construction erosion, random things that flow into the stormwater system, ice
and snow removal from salt and sand, and grass clippings; all of which ultimately make it into the lakes
and streams.
Edwards stated stormwater solutions start with individual homeowner decisions and people understanding
how their activities impact the lakes and streams. Edwards stated other solutions include rain gardens and
people properly maintaining vegetation on their property.
2014 compliance activities include articles in the spring and fall City newsletters, including stormwater
information on the City's website, links to other sites that have stormwater information, implementation
of a grass and leaf disposal program, Christmas tree disposal program, construction debris collection,
erosion control inspections, street sweeping, and culvert repairs. Edwards noted in 2014 the Public
Works Department instituted a street sweeping sampling regiment where some of the debris is tested in a
lab to see what the phosphorus load is.
The City did receive a new MS4 permit that was issued in 2013, which covers the period from 2013 to
2018. Changes required as part of that new permit included more formal documentation, identification of
enforcement response procedures, formalization of the City's education and outreach plan, creation of an
illicit detection and elimination plan, and evaluation of the program's effectiveness. Edwards noted an
audit was performed in April of 2015 and showed that the City was not in compliance with several items
contained in the permit. Those items mainly related to not formally publishing the required
documentations.
2015 implementation activities include the publication of the City's emergency response procedures, the
City's training documentation, and publication of the City's illicit discharge program manual. In
addition, the City needs to update its stormwater management plan since it was written in 2011 and had a
series of projects that took the City out to the year 2016. The new plan will need to outline what the City
intends to do proactively after the year 2016.
Page 2 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
4. ANNUAL PUBLIC HEARING FOR NPDES PHASE H STORM WATER PERMIT
(continued)
Mayor McMillan opened the public hearing at 7:12 p.m.
There were no public comments regarding this item.
Mayor McMillan closed the public hearing at 7:12 p.m.
Council Member Levang asked if Mr. Edwards was surprised to find that the City was out of compliance
on a couple of items.
Edwards stated he discovered it approximately two weeks prior to the notice. Edwards stated the City got
behind due to staff turnover and that the documents created by Bolton & Menk were sent to people who
left soon after. Edwards stated eventually those documents reached his desk and those items will now be
addressed.
The City Council took no formal action on this item.
LMCD REPORT — GABRIEL JABBOUR, REPRESENTATIVE
Jabbour reported the docks are in place at Big Island. Jabbour stated late last fall during cleanup they
found a number of deer carcasses that had been killed and thrown over the cliff. In addition, people are
finding a number of coyotes who are missing one of their paws due to traps. Jabbour indicated this is not
necessarily occurring in the park but on Big Island generally. Jabbour stated the DN1R is working on it as
well as some of the residents. Jabbour stated in his view this is being done by people who are either
familiar with Big Island or live on Big Island.
Jabbour stated as it relates to the LMCD, he took on this position because he felt that there was a fair
amount of housekeeping that needed to be done. Approximately 35 percent of Lake Minnetonka borders
Orono, and as a result, Orono has always had a very strong opinion on how Lake Minnetonka should be
maintained and what should happen on the lake.
Jabbour indicated he has been working hard on building partnerships with some of Orono's sister cities
that are committed to Lake Minnetonka beyond just the clerical aspect of the LMCD. Jabbour noted in
October of 2014, Jabbour mentioned to the LMCD Executive Committee that the majority of their Board
members were totally unaware of their strategic plan, which resulted in the Board trying to amend the
plan. Jabbour stated when he was appointed to the Board; they decided to have a mediator manage the
process.
Jabbour reported the LMCD is currently going through their budget process and that it is his feeling the
LMCD should reduce their budget by 10 percent. The LMCD moved its offices to the City of Mound and
had a rent reduction of approximately $20,000. Jabbour stated even with that savings, the LMCD
proposed to increase its budget by three percent, which is typical of most government agencies. Jabbour
stated the LMCD is working on a proposed budget that will be sent out to the cities and that in his view
they have enough votes on the Board to make sure that Orono's objectives, goals, and vision will be
shared by others. Jabbour stated in his view the Mayor of Orono should initiate some dialogue with the
Mayors of the other LMCD cities.
Page 3 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
LMCD REPORT — GABRIEL JABBOUR, REPRESENTATIVE (continued)
Jabbour stated a few months ago he personally requested the MBA program at the Carlson School of
Business to conduct a survey of the City's brand name. Jabbour stated Orono has always been concerned
about its name brand and the quality of its brand, which has resulted in the City receiving hundreds of
acres in donation. The results of that survey will be given to the LMCD Board and Orono this
Wednesday at the LMCD meeting. Jabbour stated to his understanding City Staff was surveyed as well
as the Orono Mayor. Jabbour stated he also made sure the LMA members were surveyed as well as lake
service providers and the water patrol. Jabbour stated the results of that survey will likely bring about
some changes in how the LMCD conducts business in the future.
Jabbour stated he and Jay Green sit on the Initiative Foundation and that they are attempting to figure out
which entity should be given a grant for combatting AIS. Jabbour indicated $4.4 million is available for
new ideas in dealing with AIS that have not been done before. Jabbour stated the Watershed District
presented a three-point plan, which would have a profound effect on Orono. The Watershed District has
proposed approaching all cities abutting a body of water and asked them to pass ordinances regulating
AIS. As part of the ordinance, the city's police department would ticket individuals that are found to have
failed the inspection but yet still launch their boats.
Jabbour stated there are approximately 62,000 inspections on Lake Minnetonka each year but that he
cannot fathom someone driving to a site miles away from where they want to launch to get inspected and
then have Orono's Department seek them out and give them a ticket after they have launched. Jabbour
stated it will be confusing if one city says yes to the program but other cities do not agree to it. Jabbour
stated in his view the local police departments are not the appropriate entity to be performing the
inspections.
Levang asked if the poaching on Big Island is new or whether it increased last year.
Jabbour stated this is the first year he has seen it and that it is hard to see the carcass of a whole animal
being wasted just so someone can get their antlers.
McMillan asked if there is anything new on the harvesting program.
Jabbour stated there was a major area where milfoil was being harvested but is now being chemically
treated. Jabbour stated his question to the LMCD was, when that is taken into consideration, why is the
LMCD still spending more each year for harvesting. Jabbour indicated he would like to see that looked at
closer and that Staff is currently compiling that information. Jabbour stated in his view the LMCD needs
to put one harvester aside for a while.
Jabbour stated another item the LMCD will be looking at closer is funding just some of the depreciation
instead of a lot of the depreciation. Jabbour stated in his view if the LMCD retires one harvester for a
year; they might have a different depreciation schedule.
Jabbour noted Tom Lowe is no longer willing to act as the bay captain for Carmen Bay and that Carmen
Bay will not be chemically treated this year. Jabbour indicated the cities of Excelsior and Greenwood
agreed to have a lake improvement district, which was an idea that was shared with their Councils as an
alternative to the residents approaching the City asking for money every year. Jabbour stated in that
situation the residents will create their own board, create a budget, and the money will be divided among
the residents. Jabbour stated they are also thinking about doing that in other bays.
Page 4 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
LMCD REPORT — GABRIEL JABBOUR, REPRESENTATIVE (continued)
McMillan asked if that is St. Albans Bay.
Jabbour indicated it is. Jabbour noted the City has to have a public access in order to qualify for the
program. Jabbour stated if one city encompasses the whole bay, they could do it, but if there are several
cities encompassing the bay, all the cities have to agree. If only one city wants to participate, then they
have to approach the County to work with just that specific city. Jabbour stated he does see it happening
in more bays because the bay captains are running out of steam as far as raising money.
Council Member Printup asked how the first harvester came to be on the lake.
Jabbour stated in 1988, milfoil was discovered on Lake Minnetonka and people became concerned. An
Orono citizen, Erwin Jacobs, asked a handful of his friends to contribute money towards the harvesters,
which is how they came to be donated to the LMCD. Jabbour stated he is a strong proponent for having
the citizens assist voluntarily and that Orono has been a big recipient of donations of park land and other
items. For a number of years Orono made a voluntary contribution towards the harvester. Jabbour stated
the minute something is put into the system; it is automatically increased by three percent each year.
PLANNING COMMISSION COMMENTS — BRUCE LEMKE, REPRESENTATIVE
Lemke stated he has nothing to report but would be available to answer questions.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
5. #15-3711 CITY OF ORONO — AMEND CHAPTER 86 TO MODIFY SURVEY
REQUIREMENTS FOR SITE PLAN AND LAND ALTERATION PERMITS — ORDINANCE
NO. 146
City Planner Curtis noted at the previous Council meeting Staff presented a draft ordinance for discussion
amending Chapter 86 as it relates to land alteration permits and survey requirements. Staff has prepared a
revised draft ordinance for Council review. The revised draft ordinance accomplishes the following:
1. A housekeeping change to add sign permits and remove water well permits;
2. Establishes a requirement for a separate zoning permit for land alteration and/or hardcover
installation to be issued to the individual conducting the land alteration and/or hardcover
installation with the building permit at the time of building permit issuance;
3. Allows for a site plan prepared by a licensed professional to be submitted in the place of an
updated survey for building and grading permits; and
4. Provides for an exemption for projects of smaller magnitude that meets certain defined
minimum criteria.
Page 5 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
5. ##15-3711 CITY OF ORONO — AMEND CHAPTER 86 TO MODIFY SURVEY
REQUIREMENTS FOR SITE PLAN AND LAND ALTERATION PERMITS — ORDINANCE
NO. 146 (continued)
Staff has suggested the criteria in No. 4 as a response to the Council's direction. This language allows the
City Engineer to exempt the site plan or survey requirement prepared by a licensed professional if there is
an existing survey on file, if the project is smaller than 200 square feet, and if the project location exceeds
the minimum setback requirement. This exemption would be available to properties which are outside the
Shoreland Overlay and Stormwater Quality Districts and which exceed two acres in acre so that
hardcover and structural coverage limitations would not be a factor.
Staff recommends approval of the draft ordinance. The City Council should review and discuss the
proposed amendments.
McMillan asked what the Stormwater Quality Overlay District is.
Curtis indicated that is the City's hardcover zone.
McMillan asked if that dovetails with the Shoreland Overlay District.
Curtis stated that extends beyond the Shoreland Overlay District because it includes the RPUD as well as
the industrial district.
Printup stated he likes the fact that this ordinance is getting away from requiring a professional surveyor
on smaller projects to make it have a less financial impact. Printup stated what they are talking about here
and what he would like to see happen might be a conversation for another day, but that he would like to
build in more flexibility for the lots under two acres.
Curtis stated adding in more flexibility would require additional discussion to determine what the
Council's tolerance is for detailed surveys or what type of information the Council would be looking for.
Curtis noted with a small lot, there tends to be more impact to the neighbors, and the margin of error, such
as an encroachment, would have a bigger impact.
Printup stated in his view the Council should have that conversation. Printup stated someone approached
him the other day about what it would take to construct a 10' x 10' patio and that he did not have the
answer.
Council Member Walsh stated in his view this ordinance is a good place to start. Walsh stated the
Council should also know how many properties in Orono are less than two acres. As it relates to the
existing as -built survey, Walsh stated he would like to add language to the effect of, "or a plat that shows
the improvements that are on the property" since that would give the City pretty much the same thing.
Walsh stated he would also like to get rid of No. 4 and simply say, if it meets all these other items, which
would eliminate the acreage issue.
Walsh stated he also is not sure if 200 square feet is the right number and that he does not know how that
number was arrived at. Walsh stated he would like to look at a higher number to give some flexibility for
the smaller projects.
Page 6 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
5. #15-3711 CITY OF ORONO — AMEND CHAPTER 86 TO MODIFY SURVEY
REQUIREMENTS FOR SITE PLAN AND LAND ALTERATION PERMITS — ORDINANCE
NO. 146 (continued)
McMillan stated in her view this is a good start and that the Council can discuss lots smaller than two
acres as a second step. McMillan stated she would like to go ahead with this ordinance and then have a
separate discussion for the smaller lots. McMillan noted the City has tended to use two -acre lots as a
threshold in the past.
Printup indicated he is okay with that.
McMillan stated she would like to get this on the books to benefit the citizens.
Walsh stated all this is doing is benefitting the properties over two acres and that the Council is not doing
anything for lots smaller than two acres. Walsh stated this is the time for that conversation.
McMillan stated the Council discussed having a separate conversation for lots under two acres and that
they could have that discussion in a couple of months.
Walsh stated he thought that was what this conversation was going to be about.
McMillan noted the smaller lots would have a greater impact.
Walsh stated if it still fits the same issues, there should not be any problems.
Levang noted the majority of the properties fall within the two acres and that the City needs to cover its
bases. Levang indicated she is very comfortable with what the ordinance says. Since the smaller lots
will have a bigger impact, the City needs to be mindful of the impact to the neighbors. Levang indicated
she is in agreement with Mayor McMillan and that the Council should adopt this ordinance to benefit the
residents.
Walsh asked if at the next meeting the Council will start actively talking about the lots less than two
acres. Walsh stated it was his understanding the whole premise of this discussion was not to do
something for everybody with two acres and plus but rather to help the smaller houses and the smaller
lots. Walsh stated this ordinance would impact them the most.
Levang stated that is not necessarily true. Levang stated she has eight and a half acres but she might
want to construct a very small patio.
Walsh stated the percentage of that on her property is a very different number.
Levang noted the Council gave direction to Staff to come back with standards that the Council could live
with. Levang stated the Council should take a vote on the ordinance and see how they feel about it.
Walsh stated it was his understanding the Council was trying to solve it for all property owners and not
just a certain percentage of property owners.
Page 7 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
5. #15-3711 CITY OF ORONO — AMEND CHAPTER 86 TO MODIFY SURVEY
REQUIREMENTS FOR SITE PLAN AND LAND ALTERATION PERMITS — ORDINANCE
NO. 146 (continued)
McMillan stated this is what Staff feels comfortable with on the bigger lots. McMillan stated a smaller
lot may have a big impact to their neighbors and a small lakeshore lot may have a big impact with
hardcover. McMillan stated the ordinance was drafted based on Staffs experience in administering these
site plans and survey requirements, and from that point of view, it is well thought out.
Walsh stated he is not looking for Staff's thoughts and that he is looking for Staff to administer what the
Council directs them to do.
McMillan stated the Council asked Staff to see if they can figure out ways that the requirements for small
projects can be loosened up. McMillan stated Staffs recommendation was for lots that are two acres or
greater.
Walsh asked how many properties in Orono are two acres or less. Walsh stated he would like to know
how many residents are being excluded.
Gaffron stated he does not have that answer tonight but that Staff can determine that number.
McMillan noted Staff administers these regulations and that they feel more comfortable with the bigger
lots since there will be less impact. McMillan stated Staff has a concern with loosening the standards on
smaller lots given the potential for those lots to have a greater impact. McMillan stated the Council can
discuss the impacts on the smaller lots later and that this is what is being presented tonight.
Walsh stated in his view that is not what the Council asked for. Walsh stated he also is not worried about
what Staff likes or does not like but that he is looking to solve the problem for the smaller lots.
McMillan stated the Council will not be able to solve this tonight and that she would like to move forward
with this ordinance.
Levang moved, Cornick seconded, to adopt ORDINANCE NO. 146, Third Series, an Ordinance
Amending and Adding New Language to Chapter 86, Sections 86-66 and 86-68, Orono City Code
Regarding Landscape Permits and Survey Requirements.
Printup stated he is okay with approving this but that he would encourage the Council to discuss the
smaller lots in the near future. Printup stated the potential impact to the neighbor needs to be considered,
and that in his mind a small project is a 10' x 10' patio. Printup stated to other people that might be a big
deck and that it is subjective to each person and each lot. Printup stated that is a conversation he would
like to have.
McMillan suggested he include that on his list of goals that the Council will be discussing in a couple of
weeks.
Council Member Cornick stated he is comfortable with going ahead with the two acres but that in his
view the impacts on smaller lots needs to be studied further.
Page 8 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
5. #15-3711 CITY OF ORONO — AMEND CHAPTER 86 TO MODIFY SURVEY
REQUIREMENTS FOR SITE PLAN AND LAND ALTERATION PERMITS — ORDINANCE
NO. 146 (continued)
VOTE: Ayes 4, Nays 1, Walsh Opposed.
6. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE
Senior Planner Gaffron stated at the April 27 meeting the Council provided some direction on this draft
ordinance regarding stormwater and drainage trunk fee. Staff did make the following changes pursuant to
that discussion:
Establishing a fee credit in the 2 -acre and 5 -acre zones for:
Acreage of newly -created wetland.
Acreage of stormwater ponding or similar improvements that provide additional treatment
benefits beyond what is required to treat the stormwater runoff from the development site.
Acreage of conservation easements resulting from Conservation Design process in both the
2 -acre and 5 -acre zones.
2. The perimeter buffer credit for the 5 -acre zone is removed.
The conversion to a per -lot fee basis for the 112 acre, 1 -acre, 2 -acre and 5 -acre zones caps the fee
at the zoning lot size dry -buildable minimum area. As a result, existing wetlands will no longer
be included in the chargeable area and therefore no fee credit is given for the existing wetlands.
It should be noted that because the multi -family and high-density residential fees remain on a gross per -
acre basis, the following credits would still be allowed:
• All wetland acreage up to the delineation line.
• Acreage of stormwater ponding or similar improvements that provide additional
treatment benefits beyond what is required to treat the stormwater runoff from the
development site.
• Acreage of conservation easements resulting from the Conservation Design process.
Gaffron stated the draft ordinance section for revising the Fee Schedule has been removed from the Fee
Ordinance and is attached as a separate Fee Schedule Ordinance for adoption.
Gaffron noted there is one correction on Exhibit A, the bottom of Page 3 under Item 7, relating to the
three characteristics for reduction. Gaffron stated those items should be underlined as well since it is new
language in the Code. The Council should review the draft and direct Staff as to any additional changes
desired.
Printup stated as it concerns redevelopment projects, he would be comfortable removing that and keeping
this ordinance specific to new development.
Levang indicated she is in agreement with Council Member Printup and that she is not prepared to
address redevelopment at this time but that it could be a later discussion.
Page 9 of 2S
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
6. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE (continued)
Gaffron noted the language that is not underlined is existing language and that there might be some other
places where that will need to be removed.
McMillan stated it would need to be removed from the City's fee schedule.
Levang stated in her view the City Council needs to discuss that further.
Gaffron stated it has been in the Code for a dozen years but has not been implemented.
Mc -Millan noted it has been in there since 2002.
Walsh and Cornick indicated they are in agreement with Council Member Printup.
McMillan asked if Staff would like the Council to make a motion approving the ordinance with the
language relating to redevelopment being removed.
Gaffron stated it would be helpful if the Council would allow Staff to review it further to ensure that there
are other sections that need to be removed and that Staff could bring it back in two weeks.
Gaffron stated under this ordinance, as it relates to Lakeview, their original fee was determined to be
$550,000 on 145 acres excluding the county road rights-of-way. If the fee is calculated on a per lot basis,
it would amount to $353,000. Gaffron noted while Lakeview is not getting a reduction for excess
stormwater capacity or newly created wetlands, there would be a reduction for the conservation easement,
which is approximately 45 percent of the property area, and would reduce their fee to $195,000. Gaffron
stated that is an example of what the ordinance will do as drafted.
Levang moved, Printup seconded, to table Application No. 15-3722, Stormwater and Drainage
Trunk Fee. VOTE: Ayes 5, Nays 0.
*7. #15-3727 JOHN BROOKS, 905 AND 960 FERNDALE ROAD WEST, SUBDIVISION
FOR A LOT LINE REARRANGEMENT — RESOLUTION NO.6499
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6499, a Resolution Approving a
Subdivision of a Lot Line Rearrangement at 905-960 Ferndale Road West. VOTE: Ayes 5, Nays 0.
*8. #15-3728 W. LANDSCAPES, INC., OIBIO KEVIN AND T ERESA TORGERSON,1410
CHERRY PLACE — RESOLUTION NO. 6500
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6500, a Resolution Granting
Variances from Municipal Zoning Code Sections 78-1279 and 78-1680, for the property located at
1410 Cherry Place. VOTE: Ayes 5, Nays 0.
Page 10 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
9. #15-3729 SPRING HILL GOLF COURSE, 725 SIXTH AVENUE NORTH,
CONDITIONAL USE PERMIT — RESOLUTION NO. 6501
Curtis stated the Spring Hill Golf Club has requested approval of a conditional use permit to construct a
winter practice and training building approximately 55 feet from Sixth Avenue North accessed off of the
golf club entry road. Spring Hill Golf Club exists within the RR -B district and operates under a
conditional use permit. All accessory buildings must be located at least 50 feet from adjacent properties
zoned for residential use.
At its April meeting, the Planning Commission held a public hearing and reviewed the application,
including the evidence submitted. Following the public hearing, the Commission voted 5 to 0 to
recommend approval of the conditional use permit to allow construction of the proposed winter training
building with the following conditions:
1. The locations for the stormwater ponding area and the proposed septic tank locations shall be
coordinated prior to placement on the City Council agenda for approval. The applicant has
provided a revised plan and it is included in the Council packet as Exhibit B.
2. A re -vegetation plan screening the new building from Sixth Avenue shall be submitted prior to
placement on the City Council agenda for approval. The applicant has provided a landscape plan
and it is attached as Exhibit C.
3. The applicant shall maintain the septic system under a contract with a licensed pumper and
annual pumping reports shall be submitted to the City.
4. All necessary permits by the Minnehaha Creek Watershed District shall be obtained.
5. All exterior lighting shall be held to Dark Sky lighting standards.
6. All necessary City construction permits must be obtained prior to commencement of construction.
Staff recommends approval with the conditions as recommended by the Planning Commission. An
approval resolution has been drafted for Council consideration.
Levang noted the applicant is asking to construct a winter practice and training building. Levang asked
whether that will be used year-round.
Tim Johnson, Spring Hill Golf Course, stated the building will house teaching equipment in the
summertime and there might be a lesson held in one of the bays on a rainy day. Johnson indicated the
building will basically have three bays that house all the new electronic teaching aids. The majority of
the time that equipment will be pulled out on the tee and the rest of the building will be shut down during
the summertime.
McMillan asked if the bay doors are just for accessibility.
Johnson indicated in the wintertime those bays will be heated stalls and the teaching equipment will be
located in there. Johnson stated they will hit to the outside from those teaching bays.
Page 11 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
9. #15-3729 SPRING HILL GOLF COURSE, 725 SIXTH AVENUE NORTH,
CONDITIONAL USE PERMIT — RESOLUTION NO. 6501 (continued)
Walsh noted Exhibit C is a screening plan and that the Planning Commission had raised some concerns
about screening the building. Walsh requested Staff walk through the screening plan.
Curtis displayed the screening plan on the overhead.
Johnson stated they plan to save as much of the existing vegetation in the ditch as possible. The
vegetation around the rain garden/holding pond will be removed but the vegetation will be replaced to
create a solid wall similar to what currently exists.
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6501, a Resolution Granting a
Conditional Use Permit for a Winter Training Facility Building Pursuant to Orono Municipal Code
Section 78-418, for the property located at 725 Sixth Avenue North. VOTE: Ayes 5, Nays 0.
*10. CITY OF ORONO JOINT USE DOCK LICENSES —RESOLUTION NOS. 6502, 6503,
6504, 6505, 6506, 6507, 6508, 6509, 6510, and 6511
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6502, 6503, 6504, 6505, 6506, 6507,
6508, 6509, 6510, and 6511, Resolutions Establishing Policy Regarding Certificate of Survey
Requirements for Joint Use Dock Licenses. VOTE: Ayes 5, Nays 0.
11. METROPOLITAN COUNCIL POPULATION AND HOUSING PROJECTION
RESPONSE LETTER
Gaffron stated at the April 27 work session, the Council reviewed the Metropolitan Council's recent
forecasts for population, housing and employment, as well as the amendments to the 2040 Housing Policy
Plan. Council direction was to draft a letter to the Metropolitan Council reflecting the City Council's
discussion.
The Housing Policy Plan indicates that of approximately 350 new households forecasted to be created in
Orono during 2021-2030, the City's allocated share of affordable housing need for that period is 153
units, or just over 40 percent of the total growth. Gaffron stated described in the letter are some of the
reasons for why it would be difficult to meet those ranges entirely.
In addition, the Housing Plan suggests that Orono should plan to provide for as many as 66 new homes at
a price point of $74,000 in order to accommodate households with incomes of $24,700. Gaffron noted
that is a big percentage of Orono's total housing and that it may be difficult to achieve that goal.
McMillan stated the sentence in the last full paragraph states: "However, we are encouraged that the
options for local implementation of the Plan include guiding sufficient land at high enough densities to
meet the allocated need." McMillan stated in her view that is a little confusing. McMillan asked if Staff
felt there was enough land for high density in all ranges.
Gaffron stated in the current Comprehensive Plan, the City guided some properties for 10 to 15 units per
acre and some for seven to ten units per acre. The City has not done an analysis to be able to show the
Metropolitan Council that Orono has already that. Gaffron stated the Metropolitan Council has not asked
Orono whether they have already done that and that he is not sure he wants to go down that path.
Page 12 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
11. METROPOLITAN COUNCIL POPULATION AND HOUSING PROJECTION
RESPONSE LETTER (continued)
Gaffron stated the letter can certainly let the Metropolitan Council know that the City can meet their
responsibility and their goals by guiding sufficient property for potential high-density if that kind of
development should occur.
McMillan asked if Staff would be opposed to removing that sentence.
Gaffron indicated that would be fine.
Levang asked if the Metropolitan Council is simply providing some numbers and not asking how many
will be townhomes and how many will be apartment buildings.
Gaffron stated this is an amendment to their housing plan. Gaffron stated once it is in the Metropolitan
Council's plan, they will generate a system statement for housing that comes out as one of the City's
guidelines for doing the next Comprehensive Plan update. Once the Metropolitan Council provides that
to the City, it might provide clearer direction.
McMillan stated in her view it is good to go on record stating the City's concerns.
Walsh stated it is good to state the obvious to stay consistent with what the City is doing.
Printup noted over the last 30 years, the City did not come close to gaining what the Metropolitan Council
projected. Printup stated it is difficult to argue with these absurd numbers.
Gaffron stated this is not the right forum for raising that point and that there will be opportunities every
ten years to argue that. Gaffron stated including it in this letter will probably not result in any progress on
that point but that the City will raise it at the appropriate times.
Gaffron noted the Metropolitan Council is responsible for seven counties with different perspectives and
different goals. The Metropolitan Council has to provide something that meets the standard for every city
and it is likely that there are cities at one end of the scale and there are cities at the other end of the scale
in terms of goals, policies, and future plans.
Levang moved, Cornick seconded, to approve the response letter to the Metropolitan Council with
the removal of the sentence referenced by Mayor McMillan. VOTE: Ayes 5, Nays 0.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION AWARD
Edwards noted the City has been working on this project since last May when Bolton & Menk presented a
feasibility study for the rehabilitation of Watertown Road and Stubbs Bay Road. At the October 27
meeting, the City Council approved engineering services for survey, design and bidding of reconstruction
by reclamation of Stubbs Bay Road from Watertown Road to Bayside Road and Watertown Road from
Stubbs Bay Road to Old Crystal Bay Road. In March of 2015, the Council approved the plans and
authorized the City to obtain bids.
Page 13 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION AWARD
(continued)
The City received four bids. The low bidder was Bituminous Roadways with a bid of $684,481.30.
Edwards noted this bid was lower than the next lowest bid by a couple hundred thousand dollars and
$300,000 below the engineering estimate, which is very good news.
Edwards stated the Council will need to decide whether to proceed forward with the project, the funding
for the project, and whether to authorize Bolton & Menk to provide construction oversight at a not to
exceed cost of $69,100.
The Watertown Road portion of the project may be funded with municipal state aid funds. Stubbs Bay
Road is not eligible for MSA funds. Resources could be allocated from other funds, such as the 2014
General Fund Balance or borrowed from the Permanent Improvement Revolving Fund. If the City did
spend the money on Stubbs Bay Road, they will still have a significant amount remaining in order to do
the improvements on Baldur Park Road.
Edwards stated construction will begin in June with completion expected by the end of the summer.
Levang asked what the City's experience is with Bituminous Roadways.
Consulting Engineer Martini stated he is not aware if they have done work in Orono before but that they
are a contractor that does this type of work on a regular basis. Martini indicated he has no concerns about
their ability to do the job.
Walsh stated Bituminous Roadways is a pretty big operation. Walsh asked how the City can get better on
estimating of projects. Walsh stated he would also like to get some input on how the process worked with
Blue Book.
Martini stated the City started this process last year, and that when they were putting the feasibility study
together, they looked at similar projects to see what was going on with the bidding climate. Martini
stated what was happening last summer was the construction industry became more and more competitive
and contractors were very busy. In addition, blacktop prices were very high last year.
Martini noted he came to the Council once or twice with a revised estimate where it was increased.
Martini stated the bulk of the project consists of bituminous and removal and that they attempted to figure
out what was an appropriate estimate for the blacktop prices for 2015. Since that time the price of
bituminous has decreased.
Martini indicated the other thing that was in play from the feasibility study was the amount of stormwater
work that would be done. As the blacktop prices were coming down, they were also adding some more
stormwater work into the project than what was originally included.
Martini stated when these projects get stretched out over time; the costs get to be more of a moving target.
In looking at the bids received, it seems the $800,000 range was what most of the contractors felt was the
value of the job and that Bituminous Roadways might really want the project or may have found some
efficiencies to give the City a very competitive price. Martini stated it is their goal to keep the estimates
as close as possible since that is the tool the City needs to be able to plan for projects like this.
Page 14 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
12. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION AWARD
(continued)
Walsh asked how the Blue Book process was.
Martini stated they basically provided the City's ad for bids for advertisement on the BIue Book site.
Martini indicated he did have some communication with them so they could better understand the trades
so they could be reaching out to their appropriate contacts. Martini stated in looking at the four bids
received, he is not sure whether it would have made any difference, but that it is a simple enough process
that they can continue to provide them with ads.
Walsh moved, Printup seconded, to award the contract to Bituminous Roadways in the amount of
$686,481.30; approve the construction phase services to Bolton & Menk in the not -to -exceed
amount of $69,100; and to fund the project as outlined in Table 4 of Staffs memorandum. VOTE:
Ayes 5, Nays 0.
*13. KELLY AVENUE DRAINAGE
Printup moved, Walsh seconded, to authorize Bolton & Menk to manage the design and
construction of a new 18" culvert at Carmen Bay Road. VOTE: Ayes 5, Nays 0.
*14. WATER TREATMENT SYSTEM IMPROVEMENTS — PAY REQUEST NO.2
Printup moved, Walsh seconded, to approve Pay Request No. 2 to Municipal Builders, Inc., in the
amount of $395,491.52 for the Water Treatment Systems Improvement Project. VOTE: Ayes 5,
Nays 0.
15. LIVINGSTON (TOWER) PARK IMPROVEMENT PLAN REQUEST
Edwards stated one of the items approved at last week's Park Commission meeting was a site plan/design
for Livingston Park at a cost of $850.00
Edwards stated the 2015 park budget is allocated toward maintenance items and that since this is a
development based request, he felt uncomfortable approving it at his level. Edwards stated the question
becomes, if the Council is in favor of the site plan/design, whether they be amenable in the future to
outlaying more dollars for development and improvement of this park. Edwards stated if the Council is
not in favor of making the recommended improvements, it may not make sense to go ahead with the
design.
Edwards stated there is room within the current budget that it could absorb the $850, but that based on a
very rough estimate of what some of these improvements will cost, they could be talking between
$15,000 to $20,000 to improve the park.
Edwards stated the sketch of the overhead is his very rough sketch of what the Park Commission has
indicated they would like the park to look like. Edwards indicated Livingston Park is the piece of ground
immediately to the north of the water tower in Navarre. The park currently has three park benches, some
grass and some trees. The Park Commission has discussed adding a paved walkway with a reflecting
garden in the middle with benches facing it, a pergola over the top of the picnic table that would sit on top
of a paved pad.
Page 15 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
15. LIVINGSTON (TOWER) PARK IMPROVEMENT PLAN REQUEST (continued)
Other amenities on the site include a port -a -potty, a screen, bike racks, and a water fountain that would be
connected into the City's water supply. In addition, the Park Commission would like to add some fencing
around a couple of the items, such as the generator and an equipment bank that sits outside the footprint
of the sketch and a desire to do some native grass screenings along the fence.
Edwards stated those screening improvements may or may not be problematic based on the Homeland
Security requirements. Edwards noted he did not depict the plantings and gardens but that those were
also part of the vision of the Park Commission.
Edwards displayed a picture of what Livingston Park looks like currently.
Levang noted she has been working with the Park Commission and that she is in favor of the project.
Levang stated there are a number of reasons to raise the profile of Livingston Park, and include the fact
that this is a very natural way to the Dakota Rail Trail, connects to the opposite side of County Road 15 in
a safe way where pedestrians can seek respite and then continue down County Road 15 to the business
district.
Levang indicated the Park Commission is talking about a phased approach over time and that a possible
partnership with Three Rivers is being explored. Three Rivers has stated that high priorities for the
Dakota Trail are bathrooms and water. Levang stated the Council needs to remember that this is a high-
density area and that it would serve a great number of people as well as those on the Dakota Rail Trail.
Levang stated the City also needs a nexus to the City parks. Levang noted there are a number of new
homes on Northern Avenue and that this would create a nexus for them.
Printup stated he would like to learn more about the phase approach. Printup asked whether the Park
Commission is contemplating that the benches or bike racks will be donated.
Levang indicated this is just a rough plan and that the three benches that are currently there do not look at
anything and are situated at very odd angles. In addition, the residents are looking into the water plant,
which is not a desirable view, and some evergreens on the other side. Levang stated this park is not
getting the use it could if it was improved some and that a phased approach could be suggested by
Norling's with the input of the Park Commission.
Levang noted the telecom equipment is off to the right and out in the open, which presents a certain kind
of danger since someone can easily access the panel. Levang stated in her view that needs to be
addressed.
Printup stated he is okay approving the $850 for a plan, but questioned whether that would commit the
City to $20,000 in improvements.
Levang stated it does not commit the City, and that if Norling is the contractor awarded the bid, that
amount would go towards the project. Levang stated the Park Commission does not know the exact cost
of the improvements at this point but that they need a plan if they want to move forward.
Printup stated when the City discussed this site approximately four years ago, there were some neighbors
who were interested in helping place some plantings around the fence area or do some type of screening.
Page 16 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
15. LIVINGSTON (TOWER) PARK IMPROVEMENT PLAN REQUEST (continued)
Printup indicated he would be in favor of the City encouraging the neighbors to perhaps do some
plantings but that he has a concern with spending $20,000 on some improvements.
Levang pointed out the cost is not $20,000 and that it is a guestimate at this point. Levang stated the issue
is screening and whether Homeland Security would allow it, which is something that needs to be
investigated as to what actually can go in there since there has to be an ability to see in there. Levang
noted a number of hostas were planted at Navarre Park by the neighbors, which cost the City nothing
except for the wood chips. Levang stated in that situation everything was done by volunteers and that she
can see that happening again here.
McMillan stated the question is whether the design creates certain expectations. McMillan stated she
understands they do not have to do everything included in the design. McMillan noted the City got hung
up a couple of years ago with the Homeland Security issue on the fencing.
McMillan stated she does not know who did the original design with the benches, but that the park has
been cleaned up and that it would be nice to get some improvements in this park. McMillan stated her
question is in relation to the other parks and other play equipment and how this is prioritized against the
other parks. McMillan asked whether the City has playground equipment that needs to be replaced in the
near future.
Edwards stated the Park Commission has developed a priority list this year and that they would like to
target Summit Beach, French Creek, Lydiard Beach, and this park this year. The other three parks that
the Park Commission would like to focus on this year fall well within the maintenance realm. In the case
of Livingston Park, other than mowing, the Park Commission is out of maintenance things to do and the
question is whether it should be developed.
Walsh stated his question related to the priority of this park versus the other parks and that he would like
to see some more information on that. Walsh indicated he is in favor of making Orono's parks better,
which is the reason why the Park Commission was re-established. Walsh asked if the improvements can
come out of the park dedication fee fund.
Edwards stated one possibility is the Park Fund and the other possibility is upping the Park Commission's
regular budget for next year.
McMillan stated the benches would be an improvement and could come out of the Park Fund. McMillan
noted a port -a -potty would be a monthly expense.
Walsh stated he would like to better understand where the money would come from. Walsh asked how
much the Park Fund has in it.
McMillan stated the Park Fund has approximately $600,000 in it and that the City Council allocated
$10,000 for maintenance at the parks.
Walsh stated regardless of what the improvements cost, he would like to sort out the funding a little bit
better so the projects can be prioritized. Walsh stated he would like to do the improvements but that they
need to figure out what is coming out of the general fund and what is not coming out of the general fund.
Page 17 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
15. LIVINGSTON (TOWER) PARK IMPROVEMENT PLAN REQUEST (continued)
McMillan noted this item relates just to the $850 for the plan and that she is not sure whether anything
would get started this year.
Edwards indicated he is not prepared to discuss the funding of the improvements at this point and that if
there is a design, the contractor could perhaps itemize those improvements. Edwards stated it might be
possible for some of the work to be performed by volunteers or for the City to ask for donations.
Edwards indicated some of the work could also be performed by the Public Works Department and the
rest could be contracted out.
McMillan asked if there is a reason why Norling's was picked to do the design.
Edwards stated the City currently has a relationship with them to perform different landscaping in the
City.
Cornick asked if the City Engineer can see a scenario where something might go wrong with the well and
the City will need to drill a new well.
Edwards stated there are currently two wells on the site and that it is possible in the future the wells might
fail. Edwards stated occasionally the Public Works Department needs access to the water treatment plant
and that the design will need to accommodate that.
Walsh stated he would like to see a presentation by the Parks Commission on their priorities.
Levang noted there is a plan for a joint Park Commission/City Council meeting in the future.
Levang moved, Printup seconded, to approve the allocation of $850 for a design for Livingston
Park, with the funds coming out of the Parks budget.
Printup stated between Highway 12 and County Road 6, there is a big power plant near the Luce Line,
and on one side of that plant there is a wooden structure or wall for screening purposes. Printup stated he
would again advocate for some sort of screening around the chain link on the sides where there are
homes.
VOTE: Ayes 5, Nays 0.
PUBLIC WORKS DIRECTORICITY ENGINEER REPORT, CONTINUED
Edwards reported pothole repair has been ongoing and that hydrant flushing has begun.
Edwards stated the Public Works Department has replaced the speed bumps on Crystal Bay Road, which
has become somewhat contentious with the residents. Edwards stated the crew did not put wood under
them again since he is not how they are designed and that the City could assume liability if they install
Them differently from what the manufacturer recommends. The residents have expressed a desire to have
higher speed bumps. Edwards indicated he is working with the police department on a traffic study to see
what the speeds on the road are. Edwards stated the City could perhaps look at a different speed bump if
the speeds are determined to be high.
Page 18 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT,(coniinued)
In addition, the Public Works Department has been conducting valve replacements on the City sewer and
systems.
Edwards stated the Crystal Bay Post Office is becoming a maintenance nightmare and that the Public
Works Department has been busy fixing floors, ceilings, and so on.
Edwards noted the Orono Golf Course has been open for a month and that they are a little bit down on the
number of memberships sold this year. Approximately 13,000 rounds of golf were played as of one week
ago. Edwards indicated he is not able to compare that to last year since the golf course was not open at
this time.
There were also two new women leagues started this year and three area schools are using the golf course.
Edwards stated they have also done some excavation for the new practice putting green up by the
clubhouse and that they will be bringing some special golf soils in and some plugs to get it to grow for
next year. Three catch basins were also installed.
McMillan thanked Staff for working on the golf course and making that a high priority. McMillan noted
that the Public Works Director has been working with the City Administrator on Town Line Road in
response to a citizen letter received two weeks ago.
Edwards stated he did review Town Line Road and it is in poor condition. Certain sections of the road
are beyond pothole repair and that he will be obtaining some quotes to replace a 100 -foot section and a
30 -foot section. Edwards indicated that work is beyond what the Public Works Department can do in-
house and that he is hoping the patches will hold the road over until the City is ready to rehabilitate the
entire road. Edwards stated the Public Works Department can do the removal and demolition but they are
not able to lay that clean piece of asphalt.
Walsh asked how the bidders are being chosen.
Edwards stated he has approached the local contractors that perform asphalt work in the area.
Walsh indicated he would like to be involved in that process.
Cornick asked if half of that road is in Maple Plain.
Edwards indicated it is on the border with Independence, and as it goes north, it is between Independence
and Medina. Edwards stated he will be in touch with Independence to see if they would be willing to
contribute to this project. Edwards stated the last formal agreement with Independence that he could find
for Town Line Road was dated 1979.
MAYOR/COUNCIL REPORT
Walsh stated he did visit with a couple of homeowners on Town Line Road and that in his view it is not a
complicated project.
Page 19 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
Walsh indicated he also talked to some of the Crystal Bay Road residents and that he knows there are
some issues with the bump height and the number of bumps. Walsh stated Crystal Bay Road is a pretty
active drive-through for people going to the Lafayette Club or people cutting over to County Road 15.
Walsh stated there is also an issue with the speed signs since they are 15 miles an hour and the speed
bumps are designed for 20 miles. Walsh noted the Public Works Director has indicated there is nothing
that shows there should be a 15 mile -per -hour speed limit on that road.
Edwards stated he was talking about a couple of local traffic only signs that are not in the City's database
showing the City authorized those signs. Edwards stated it is a public road and that he is not sure how he
can maintain those signs limiting it to local traffic only. Edwards stated the speed bumps have a range of
15 to 20 miles an hour.
Walsh stated the residents would like additional speed humps installed if possible and that he will direct
the residents to contact the Public Works Director if they are interested in certain locations for adding
speed bumps.
Cornick stated over the past week he has received approximately half a dozen calls from residents. All
seven phone calls were in favor of the City passing the wellhead ordinance and that he has received no
negative feedback. Cornick stated those were the first seven phone calls he has received since being on
the Council and that in his view they were generated by the flyer that came out.
Cornick noted he also attended the Navarre Initiative meeting and that they are still moving forward with
their ideas. Cornick stated it is an excellent committee.
Levang stated she would like to read a public statement that she has developed regarding the flyer and
that she would like to be very specific about what she sees happening in Orono.
Levang read the following: "I find the flyer sent to citizens of Orono, and surrounding communities, to
be disrespectful. As an elected official, I accept that my vote will be scrutinized and even challenged.
This publication went far beyond the bounds of decency and, instead, discredited citizens, staff,
volunteers, and neighbors with its criticism. Our citizens and neighbors did not deserve to be treated so
irresponsibly and carelessly with sensationalized headlines and stories seeped in falsehoods.
I want to address the issues raised about transparency and the allegation that I voted against videotaping
the Planning Commission out of an unwillingness to be transparent. Nothing could be further from the
truth. I voted against this proposal because of essential differences in the roles of the Planning
Commission and City Council.
Planning Commissioners are unpaid volunteers. They are appointed by the City Council and serve as
advisors to us. The votes they make are advisory only. Every application they process comes to the City
Council for continued study and, ultimately, for a final vote. On the other hand, City Council members
are elected officials. We run for office and are elected based on citizen votes. We are paid. Every
application we process comes to us with a recommendation by the Planning Commission. Sometimes
those recommendations are upheld, at other times they are not. I also take offense at the ungrateful
attitude this flyer showed to our Planning Commissioners who work tirelessly as volunteers for the City.
Page 20 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
To accuse Mayor McMillan and I of lack of transparency flies in the face of the facts. The two of us are
responsible for securing funding for our new camera equipment and software to better tape, live stream,
and archive our meetings. In doing so, we now have live streaming of our City Council meetings,
something few cities have, and our on -demand viewing is significantly faster and more effective.
We are also responsible for the creation of a Communications Committee and the publication of three
newsletters per year. New content has been added to our website because of our efforts, and I worked to
institute an anonymous on-line complaint form for residents.
Where is the transparency of this person or group who put out this flyer? If transparency was so
important, why did they not walk the talk?"
McMillan stated she also received some citizen calls regarding the wellhead article that was in the flyer.
The calls did not come from citizens who had private wells and were not located in the City water district,
nor will they likely ever be given their location. McMillan indicated she reassured them that if their well
was not functioning, that they would be able to drill a new well and that the ordinance would not affect
them.
McMillan stated she is deeply concerned that Orono citizens were unjustly scared by a poorly written
flyer that was designed to fear monger rather than explain the details of the wellhead ordinance.
McMillan stated Staff was kind to quickly respond by displaying on the website the clarification of the
well situation so that citizens would not be confused. McMillan stated she did have some citizens who
were really upset and called immediately. McMillan stated they took time out of their day to raise their
concerns and she took time out of her day to explain to them clearly the situation because of a concern
about the residents receiving misinformation.
McMillan noted she also received three calls in support of the Council decision on the wellhead
protection ordinance and one call was from a plumber located in Long Lake who felt the City was doing
the right thing in protecting Orono's municipal well water.
McMillan stated as it relates to the other misconceptions regarding the deck permit, she does not want to
go into that tonight. McMillan stated those comments were in addition to the negative casting of an area
retailer talking about building in Orono. McMillan stated in her view the flyer was not productive to the
community and was written to intimidate and bully Orono's citizens and Staff with demeaning speech and
misconceptions. McMillan stated it was very unfortunate to have that happen two weeks ago and that she
hopes the citizens will be able to get clarification on some of the facts of the flyer.
McMillan stated on a more positive note, she had a wonderful evening at Navarre Night. There were
approximately 85 people in attendance at the Freshwater Institute to hear stories about Navarre and two
Casco Point citizens. McMillan stated the new banner was also on display and people indicated they
liked it. McMillan stated Joan Wolfe did an excellent job along with the Historical Society and that she is
hopeful there is another similar event.
Page 21 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
CITY ADMINISTRATOR'S REPORT
16. APPOINTMENTS — RESOLUTION NO. 6512
Loftus stated last month the City received a request for appointment of fence viewers, which they
indicated is spelled out in state statute. Loftus stated she did have a chance to talk about that with the City
Attorney regarding the issue who might have more to add.
Loftus noted the City has not previously appointed fence viewers as part of the City's annual
appointments. Loftus stated if the City is interested in adding fence viewers, they will need to amend the
resolution approved in January. Loftus recommended Jim Cornick and Lizz Levang be appointed as
fence viewers.
Mattick stated the reason this was not an annual appointment by the Orono City Council is that the state
statute is really written for a rural setting addressing separation of fields and barbed wire fences. The
statute is not really talking about privacy fences and really only pertains to partition fences. Mattick
stated when the statute talks about what constitutes a partition fence; it talks about a barbed wire fence.
Mattick stated to his knowledge Orono does not allow barbed wire fences.
Gaffron stated he is not sure the City has a prohibition on barbed wire fences.
Mattick stated the statute does require fence viewers but does not state how many. Staff is suggesting two
individuals be appointed. Mattick stated in his view the statute is clumsily written and needs to be
updated since it references terms that are outdated. Mattick stated in his view the statute is not meant for
subdivisions but that the City could go ahead and appoint two people to act as fence viewers.
Cornick asked if they have to work as a team or whether they can each do fence viewing on their own.
Mattick suggested they work together as a team. Mattick noted there are some notice requirements and
some determinations that need to be made on whether or not it qualifies as a partition fence.
Walsh asked if the neighbors are also alerted.
Mattick stated it would be the neighbor on the other side of the fence.
Cornick asked if it would be wise to have a special vest or identification.
Mattick stated as long as folks are notified they will be coming and a definite time is scheduled; he does
not feel identification is necessary beyond that.
Loftus stated the City does have some vests they could wear.
Levang indicated she would prefer that.
Printup moved, Walsh seconded, to amend RESOLUTION NO. 6512, a Resolution Designating
Selected Appointments for the Year 2015, adding fence viewer. VOTE: Ayes 5, Nays 0.
Page 22 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
17. DONATION TO WETONKA HISTORICAL SOCIETY
McMillan stated this item is very straight forward and asked if anyone on the Council had a question
regarding it.
Printup stated he is okay with the donation but that he would like to make the statement that where local
government reaches out into areas where they do not have responsibility for, he would caution against
that. Printup noted in the past six or seven months ago the City partnered with Pioneer Museum in
Long Lake and a donation was also made to them.
Printup moved, Cornick seconded, to approve a $250 donation to the Westonka Historical Society
for co -hosting Navarre Night with the City of Orono. VOTE: Ayes 5, Nays 0.
W S CEJ 0
Loftus stated the City has completed its recruitment for a new Building Official and that Staff would
recommend that Roger Peitso be hired for the position. Loftus indicated Roger Peitso is currently
employed with Metro West Inspections and has 15 years of experience working in Medina and Long
Lake. Loftus stated Staff is excited to have someone with his background on board. Loftus noted he is
also a Certified Septic inspector, which will be helpful for the City.
Loftus stated based on his current pay, he would be brought in at Step 3 of 8, and he would be available to
start May 26.
Walsh asked who the City currently uses for their outsourced inspections.
Loftus indicated Metro West does them but that Roger does not service Orono currently.
Levang moved, Printup seconded, to appoint Roger Peitso to the position of building official.
VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT, CONTINUED
Loftus stated Kraus -Anderson will be back in Orono to complete the punch lists items and that they hope
to have them completed by the beginning of June. Loftus indicated the project is on track budget -wise
and timeline -wise.
Loftus noted she and Council Member Walsh attended a fire department advisory board meeting recently
and that it was reported the fire department came in right on budget for 2014.
Loftus noted the next City Council meeting is not going to be on Monday but on Tuesday, May 26, since
the City is not allowed to conduct official business on a federal holiday.
*19. LICENSES AND PERMITS
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
Garbage and Refuse Collector Licenses
1. Baldy Sanitation, Inc.
5906 Henry Street
Maple Plain, MN 55359
2. Vintage Waste Systems, Inc.
520 Tamarack Avenue
Long Lake, MN 55356
Printup moved, Walsh seconded, to approve the above -listed licenses. VOTE: Ayes 5, Nays 0.
X20. CLAIMSBII.LS
Printup moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
CITY ATTORNEY'S REPORT
Mattick stated occasionally the City of Orono will receive what is called an application to register land,
which is where a landowner would like to clear up their title and get it registered. In oftentimes the City,
especially in the lakeshore setting, may have access or easements, and they will be named in those types
of suits. Mattick stated it averages between four to six a year and usually they are pretty routine and
straight forward where the City merely contacts the party and lets them know whether the City would like
to keep their easement or not.
Mattick stated the City did receive one just recently regarding some property that involves one of the
North Shore Marina's access to Lake Minnetonka that is currently used by one of the fire station's boats
to dock there. During the winter the access serves as a snowmobile access to the lake.
Mattick stated at this point the City is aware that there is somewhat of a dispute on how that access can be
used and the exact location of the access. Mattick indicated Staff is still in the preliminary aspects of
looking into this but that he would consider this not to be one of the City's typical land title applications.
Mattick stated in his opinion one of the things that is driving this is the fact that it is used by the
snowmobilers, which bubbles the water and causes ice issues.
Mattick stated Staff can start going ahead and sorting out the real estate issues, but that it would make
some sense to have either one or two people from the Council volunteer to meet with the property owners
and to keep the City Council up-to-date on the situation. Mattick indicated he does plan on reaching out
to the other attorney to arrange for a meeting and that at least one Staff member will also be attending in
addition to the City Council representative.
Walsh indicated he would not have any problem going to that meeting since he has a lot of experience in
land dealings.
McMillan stated she also would like to be there.
Printup stated it is important that not just snowmobilers use that.
Page 24 of 25
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 11, 2015
7:00 o'clock p.m.
CITY ATTORNEY'S REPORT (continued)
Loftus stated it is a City access and is the closest access to Big Island.
Mattick stated it is an important access to the lake and would be governed under a covenant. Mattick
stated he will be in touch with Mayor McMillan and Council Member Walsh.
21. CLOSED MEETING FOR CITY ADMINISTRATOR'S PERFORMANCE
EVALUATION
Walsh moved, Printup seconded, to enter into closed session at 9:08 p.m. to discuss the City
Administrator's performance. VOTE: Ayes 5 Nays 0.
ADJOURNMENT
The Orono City Council meeting adjourned at 9:45 p.m. VOTE: Ayes 5, Nays 0.
AT ST
e iegs, City Clerk
Lili Tod McMillan, Mayor
Page 25 of 25