August 15, 2017Regular CC Meeting

City of Oronoco

Tuesday, August 15, 2017

Regular City CouncilMeeting @7:00pm

I.CALL TO ORDER

Mayor Ryland Eichhorst called the Regular City Council meeting to order at 6:59pm

  1. ROLL CALL

Mayor Ryland Eichhorst, Councilor Trish Shields, Councilor Beau Hanenberger, Councilor Nancy Quimby, Attorney Fred Suhler, Engineer Joe Palen, and Assistant Clerk Rebecca McGuire.

Councilor Carl Krause arrived at 7:05pm.

  1. APPROVAL OF AGENDA

Addition: A September meeting for our budget workshop session. This will be under -New Business.

Mayor Ryland Eichhorst motioned to accept the Agenda with the addition of setting a Budget Workshop meeting, Councilor Beau Hanenberger second; all in favor, motion carried.

  1. PUBLIC FORUM

Steve McNamara at 1115 Riverwood Dr SW:Addressed issues about the cold storage facility. Currently this is on township land. Is there any timeframe to annex that land into the City? This possibly may not be a good thing for the City. We have no control right now because it’s not our land. City Attorney Fred Suhler stated that it’s usually the land owner that moves the City into it. The City doesn’t look for annexations. There is a lot of cost associated with it. Steve: It sounds like a potential buyer bought this land. No one knows what is really going on. Just thought I’d bring it up because we are not sure where this is going to go. Council thanked Steve.

3rd call was called for public forum.

Mayor Ryland Eichhorst closed public forum at 7:04pm.

  1. DEPARTMENTS & COMMITTEE REPORTS
  1. OCSO ~ Sgt. Rick Carmack
  1. 2018-19 Contract 4% & 3% increase respectively. Mayor Ryland Eichhorst motioned to accept the 2018-19 OCSO contract increase, Councilor Beau Hanenberger second for discussion. (Discussion on the agreement about costs.) All in favor, motion carried.
  1. FIRE DEPARTMENT* ~ Dan Sundt, Fire Chief
  1. Runs:Runs = 3 (7/12 child locked in car, 7/16 MVA cancelled enroute, 7/19 MVA (both OFR assists))
  2. Meeting Minutes
  3. Promote Rochester Harley-Davidson. First Responder rideSat 9/9,which will stop in Oronoco and proceeds will go to area EMS groups.
  1. FIRST RESPONDERS* ~ Jeff Allhiser, 1st Responder Director
  1. 13Runs: 8city, 5township
  2. Meeting Minutes: meeting canceled
  1. EOC ~ Pat McGovern, Director
  1. PERSONNEL
  1. ORDINANCES & RESOLUTIONS
  1. Resolution 17-12 combining lots 825 & 830 Norman Ln SE. (Easement is now drawn up.)Mayor Ryland Eichhorst motioned to accept Resolution 17-12 combing lots 825 and 830 Norman LN, Councilor Trish Shields second; voice vote all ayes, Resolution 17-12 passed.
  2. Resolution 17-13 Special Appropriation. Mayor Ryland Eichhorst gave the background. Mayor Ryland Eichhorst motioned to adopt Resolution 17-13 Special Appropriation, Councilor Beau Hanenberger second, (one time grant for the City) voice vote all ayes, Resolution 17-13 passed.
  1. DOWNTOWN ORONOCO GOLD RUSH DAYS* ~ Chair: Councilor Beau Hanenberger,
  2. Meeting Minutes:August 1, & 14, 2017.Beau went over where Gold Rush is at with set up and the projected forecast for the weekend. Discussion on vehicles already lining up. Things are looking good.
  1. PARKS & TRAILS*- Katie Dudley, Chair
  1. MeetingMinutes: August 7, 2017
  2. POC meeting: August 7, 2017. (Mayor Ryland Eichhorst went over the meeting. Terry Lee from Olmsted County will be retiring this winter.)
  3. Tennis backstop: ($2000 was approved from CIP),$1455 per side (netting) or $4300 6 foot high or $5200 8 foot high (metal fence). (Discussion on the netting and it coming out of the CIP fund. No decision made.)
  4. Camping rates. Rates for 2018 will go up to $15 and $25 during Gold Rush. Resident gardens will be bigger next year with rates staying the same (In Garden Park). Councilor Trish Shields motioned to approve the rate increase to $15 for a regular camping night and $25 during Gold Rush to be effective January 1st, 2018. Councilor Beau Hanenberger second; all in favor, motion carried.
  5. Signs–Need an estimate from Schad Tracy and Sign here for a sign for Allis Park designating it as a park.
  1. COMMUNITY CENTER
  1. PUBLIC WORKS
  1. Training: $250 for both Dan and Jim. Training date is on August 29th. They will receive certification hours. Mayor Ryland Eichhorst motioned to approve, Councilor Trish Shields second; all in favor, motion carried.
  2. Truck repairs. 1996 Ford needs to be fixed before going into the winter. Mayor Ryland Eichhorst motioned to approve the updates on the 1996 Ford for $1360. Councilor Trish Shields second. (Discussion: Councilor Carl Krause feels it’s a bad waste of money to put in a new pan. He thinks it would be better to upgrade the truck. I don’t think the air compressor needs to be fixed this year. That can wait till next year. Discussion between Ryland and Carl about fixing the compressor. Carl feels one can be picked up from the junk yard for $35. Ryland feels that we are not in the position to look for something new this year. If we do repairs, it will help sell the truck later. Carl would like another estimate. Trish asked what the mileage is. Dan said it is less than 100,000. He also stated that the exhaust needs to be fixed and so does the air compressor before winter. Councilor Trish Shields asked about having the person fixing it look at used parts and give us that quote. Carl still would like another estimate. Dan said he can do that. Mayor Ryland Eichhorst withdrew the motion. Councilor Beau Hanenberger motioned to table till next meeting to obtain new estimates. Councilor Trish Shields second; all in favor, motion carried.
  1. STREETS & ROADS*
  1. Zumbro Hills Road Project: partial pay request $73,576.55. Engineer Joe Palen went over the project. This will cover 95% of the work. The project will come in slightly less than bid. Mayor Ryland Eichhorst motioned to approve payment of $73,576.55, Councilor Trish Shields second; all in favor, motion carried.
  2. MN Ave S: ditch repair $500 - $1000. The bids came in lower for other street work that was approved. Money is left for this. Engineer Joe Palen gave the background. The plan would be to fill in the void and build up the lip with Bituminous. This could be added to the contract already awarded for road repair. Mayor Ryland Eichhorst made a motion to approve the road work with SL Contracting up to $1000, Councilor Trish Shields second, (already talked to Dan about removing gravel and prepping it. All in favor, motion carried.
  1. PLANNING & ZONING*
  2. Meeting Minutes:August 10, 2017. Beau went over the meeting. They will be working on the fence ordinance.
  3. Cold Storage warehouse. (Township land.)
  1. WATER & SEWER*
  1. Meeting Minutes:canceled meeting
  2. Riverwood Hills looping: easements to be prepared after soil borings. Some approvals have been obtained for easements. The land Mr. Gauthier owned - we will have to find the new property owner to get approval.
  3. Water looping soil borings: $2440. Extra boring was done to have a clear idea of the variable rock level. Mayor Ryland Eichhorst made a motion to approve up to $940 for additional sampling for the water looping project. Councilor Trish Shields second; Councilor Beau Hanenberger is not comfortable spending the money before we have the land. Mayor Ryland Eichhorst feels it would be worthwhile to understand the additional cost for the looping and it will also provide us the future work as more subdivisions are added. Engineer Joe Palen gave insight to the borings and obtaining easements, agreeing with Ryland on the process. Carl agrees with Beau. Beau is concerned on how this will be paid for. Mayor Ryland Eichhorst said the sample will help going forward and knowing what we are getting into. Engineer Joe Palen stated that you can’t officially get the land until the engineering has been done. (Discussion continued about getting land, not getting land, cost, timeline – this will be a next spring project.)Joe: Processes will need to be followed. Mayor Ryland Eichhorst aye,The rest of Councilnaye. Councilor Trish Shields motioned to have City Engineer Joe Palen pursue checking into the second easement before we agree on borings. Councilor Beau Hanenberger second; Engineer Joe Palen will work with Sandy on it. All in favor,motion passed.
  4. Task Force: Mayor Ryland Eichhorst gave the update. Senator Senjem suggested contacting a Commissioner. We went to St. Paul a week ago and met with Anita. We went over the bonding language. It was very good discussions. Rochester MPCA office was there as well. The meeting was about 35-40 min long. One of the comments was - if you are going to do this, do it right. Which has always been our thought in the first place. Engineer Joe Palen stated that he thought the commissioner and staff seemed very supportive. The PCA is paying attention and wants to see something happen here. This was great. Councilor Trish Shields said it is good to hear the support is coming. Mayor Ryland Eichhorst said there is a sequence of events. Joe is working on the application with the background information. Then we will work on the agreement. We are authorized up to $500,000. Engineer Joe Palen continued to go over the explanation of the project and what is involved; what the MPCA is looking for in a work plan. We need to be relatively general because we don’t want to lose that flexibility. He continued to go over the application. (This was handed to Council.) PCA discussed connecting NW Rochester, Oronoco, and Pine Island together in one of the Cities. There is a lot to look at here and evaluate these options and work with the adjacent communities in an aggressive manor in time to be included into the 2018 bonding cycle. What are the best options for regionalization? Next we need to come up with a work plan for costs, especially if other cities are included. (Discussion on costs.) Mayor Ryland Eichhorst motioned to approve Stantec submitting the application to the MN Public Authorities for $303,000, Councilor Trish Shields second;(Small discussion on connecting in with Rochester and Pine Island. Engineer Joe Palen stated that we will have a budget and above costs will have to be approved. Small discussion on staffing.) All in favor, motion carried. Engineer Joe Palen will work with Sandy. He feels it should come from the City Clerk.
  5. Water Supply Plan; required. (Out of water fund.Discussion about the document.) Councilor Beau Hanenberger motioned to approve the Water Supply Plan done by Stantec and to not exceed $8550, Councilor Carl Krause second; all in favor, motion carried.

VIII. PETITIONS, REQUESTS, & COMMUNICATIONS*

  1. John Tilford: complaints. Mayor Ryland Eichhorst stated that both of the zoning complaints submitted by Mr. Tilford have been addressed with supporting documentation. The other complaint is currently in litigation.
  2. Outstanding Citizen Award Nomination request. This will be posted out through Facebook and the website. (Discussion on the committee members. Will need to go back to the meeting minutes to pull the information. Beau will follow up on it.)
  3. Wildflowers in ROW permit request: Steve McNamara. Mayor Ryland Eichhorst: my understanding was that Riverwood Hills was over grown a few years back. It’s not our normal ROW mowing. Feels a permit is not needed. Councilor Trish Shields stated that there is no permitting process for this. Typically the ROW is used for utility. The ROW is just that, utility right of way. We can’t take on the responsibility of what a utility company needs to do to access this land. I think Mr. McNamara needs to have this explained through P&Z. Councilor Beau Hanenberger said it’s a risk homeowners take when they plant in the ROW. It’s always a gamble as a homeowner. Engineer Joe Palen stated that MNDOT makes some allowances. Councilor Trish Shields said he can put up a removable sign that states‘please do not mow’, but planting in the ROW is not permitted with the City. Councilor Beau Hanenberger said when this was done last by the City it was because of a City need, it was a special circumstance years ago. The City would not come out to mow it.
  4. ROW mowing. The City only mows ROWS on Lake shady, MN Ave and 5th. We do this because of safety issues with the intersections and not having the proper equipment for these streets
  5. SMART: dues $25. It’s a lobbying company. Mayor Ryland Eichhorst went over the background. This is in regard to trails. (Discussion on what S.M.A.R.T actually does.) We are currently not a part of this. Mayor Ryland Eichhorst made a motion for the City joining S.M.A.R.T, Councilor Beau Hanenberger second for discussion;(Councilor Beau Hanenberger asked what we would benefit from this. Mayor Ryland Eichhorst feels there is opportunity when County Rd 5 extends, there could be connecting trails to the Douglas trail. This will help with trail marking for bicyclists in town. Councilor Trish Shields feels that trails are physical walking trails. We are trying to get our reginal parks designation and we will have a water trail. We could tie into this. It has potential to help us with our reginal designation. Councilor Beau Hanenberger is willing to try it and see how it helps.)Councilor Carl Krause naye, the rest of Council in favor; Motion carried.
  6. Dog bite complaint: 645 River Park PL. (Request to put on the agenda by an officer at the Olmsted County Sheriff’s Department to evaluate. The male dog was put down after the animal attack in December of 2016. The female dog has since been put on a line after the June 2017 person attack. Does council want to deem the dog potentially dangerous?) Mayor Ryland Eichhorst feels these were not intentional attacks. Meaning that the dogs were let out accident by a child in the home. They also have an invisible fence. Attorney Fred Suhler pointed out the difference in State/City Ordinances between a dangerous dog and apotentiallydangerous dog. If you name this dog potentially dangerous, it won’t make a big difference right now, but if there is another incident, it will be a lot easier to call it a dangerous dog later. Our ordinance should be more specific on this issue. This would mean the dog is on probation for the next time around. You wouldn’t need to put the dog down right now. Mayor Ryland Eichhorst reiterated the ordinance and there has been one report of one bite. The dog was accidentally let out without its collar on for the fence. Councilor Carl Krause asked if there were more complaints. Rebecca: No there has not been since June. Councilor Trish Shields referenced the incident in December stating that the owner took the aggressiveapproach to put one of the dogs down. David bowman approached the podium and spoke of the incidents to Council. Right after the December incident,the male dog was put down. He was not friendly with other dogs and was the more aggressive of the two. Theywere never aggressive before this incident. This last incident in June, the female dog was accidently let out by their young son. A runner ran by. The female dog nipped the runner in the back upper leg. There was no blood when David approaches the woman.He asked the runner if she was ok. The runner said it hurt but then ran off. The dog is 8 and skittish. She is current on all her vaccinations. I take full responsibility for my dogs. Councilor Beau Hanenberger asked about just leaving the collar on. David said that she likes squirrels and will hurt herself on the invisible fence to chase them. They are just chaining her up in the back yard now. Carl said he feels that David is a concernedcitizen and you are taking care of it. David: if the council feels she is dangerous than he will follow procedure. Ryland: your animal is not running free. I’m sorry you had to put a dog down and appreciate you attending and sharing your background. I think Mr Bowman recognizes the actions before him. Councilor Trish Shields encourages better management. Councilor Beau Hanenberger thinks this is a tough situation. Partly feels something should be in place just in case there is another incident. The other part is that he has had dogs and knows how hard this is. Councilor Trish Shields said that this is a very busy neighborhood. If I’m there walking with my grandchildren, I would want my grandkids tobe safe. I also recognize he has small children. I don’t feel an action needs to be taken at this time. Councilor Beau Hanenberger would agree with that. It’s tough. I’m a dog owner as well. Mayor Ryland Eichhorst feels that he is aware of the repercussions if this happens again.

IX. UNFINISHED BUSINESS

  1. Southbound City Sign; waiting on MNDOT.

X. NEW BUSINESS.

  1. Cost Security Agreement: Noble RV. This protects the City. We have done this with all of our developers. The $5000 is more than enough to cover. Mayor Ryland Eichhorst motioned to accept the cost security agreement with Noble Properties of Owatonnafor up to $5000, Councilor Trish Shields second, (discussion on where things are at right now.) all in favor, motion carried.
  2. Budget meeting: Set for Monday the 11th of September. 4:30pm.

XI.CONSENT AGENDA* Councilor Beau Hanenberger motioned to accept the consent agenda, Councilor Nancy Quimby second; all in favor, motion carried.