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Page 1: CALL TO ORDER - oronoco.com0EACF6BF-709F-42E8-…  · Web viewPresent: Mayor Ryland Eichhorst, Councilor Trish Shields, Councilor Beau Hanenberger, Councilor Carl Krause, Councilor

December 19, 2017 Regular CC Meeting

City of OronocoTuesday, December 19, 2017TNT Public Hearing 6:00 pm

Regular City Council Meeting @ 7:00pm

I. CALL TO ORDERMayor Ryland Eichhorst called the meeting to order at 7 pm.

II. ROLL CALLPresent: Mayor Ryland Eichhorst, Councilor Trish Shields, Councilor Beau Hanenberger, Councilor Carl Krause, Councilor Nancy Quimby, Attorney Fred Suhler, Engineer Joe Palen, and Assistant Clerk Rebecca McGuire.

III. APPROVAL OF AGENDAMove up VIII. Outstanding Citizen to Public Forum and moving up the P&Z section before resolutions.Mayor Ryland Eichhorst motioned to approve the agenda with changes, Councilor Beau Hanenberger second; all in favor, motion carried.

IV. TNT Public Hearing 6:00 pm Mayor Ryland Eichhorst opened the TNT Public Hearing at 6 pm. Councilor Trish Shields attended at 6:06 pm. No one from the public showed for the hearing, except for reporter Karen Snyder.

Mayor Ryland Eichhorst: Our tax capacity has increased by almost 13.7% over the last year. Which means our houses, industry, has allowed for a higher tax capacity. When we look at our tax levy, it is proposed to be $780,000. Which is a 6% increase over 2017. So with the larger tax capacity increase and still meeting our needs for our general fund levy, all of our Go-Bonds and other funds, we are able to drop our tax levy by 3%. The previous year was a 44.6% levy. We are proposing it to be at 41.6% for 2018. For the last 6 years, we have been able to maintain that 44.6%. But with our increased tax capacity from newer homes over the last few years and business as well, so to the citizens, it means its 3 % less in City taxes. Councilor Trish Shields: we are fortunate that our community is growing and has this opportunity to share with its citizens and do it right. (Discussion: I heard the County was going up 9 %.) Councilor Beau Hanenberger: we have been flat for what 8 years? To do that is awesome but to do this is unprecedented. Councilor Trish Shields: I think it’s incredible. That means that our staff, that everyone has been spending wisely and doing it right for the citizens. Mayor Ryland Eichhorst: our City Clerk, Sandy, has been doing a great job with our Go-bonds and paying them in advanced. It’s less interest. It’s smart financing and working with our auditor. Councilor Beau Hanenberger: It’s not just spending, it’s smart spending. Trying to be aware because it is tax dollars. It’s a huge advantage for Oronoco and its residents. Councilor Trish Shields: I think we are the only community in Olmsted County that is going down instead of up. Mayor Ryland Eichhorst: The future is unknown. We know that with the sewer that will change that a little bit in the next couple years, but it has to be done. Councilor Trish Shields: I think even though the sewer might raise our taxes, I think it is such a benefit to the citizen and the environment that I think its money well spent. I also think that having public sewer will eventually bring in more growth. Mayor Ryland Eichhorst: Residential and commercial. Councilor Trish Shields: Yes, I think on the commercial side, it would give us the opportunity for apartments, senior housing, and things for our community. We are aging.

Councilor Beau Hanenberger made a motion to recess at 6:22 pm until the Regular City Council meeting, Mayor Ryland Eichhorst second; all in favor, motion carried.

Councilor Beau Hanenberger motioned to re-open the TNT hearing back up at 6:55 pm. Councilor Trish Shields second; all in favor, motion carried.

Mayor Ryland Eichhorst gave another overview as residents started showing up for the Regular City Council meeting.

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December 19, 2017 Regular CC Meeting

No public comment.

Councilor Carl Krause closed the TNT hearing at 7 pm, Councilor Nancy Quimby second; all in favor, motion carried.

V. PUBLIC FORUM (3-minute time limit per person) Awarding 2017 outstanding citizen award:Mayor Ryland Eichhorst: Before we start, we would like to award an outstanding citizen for Oronoco. This was an award that was started a year ago. Lance Sorensen was the previous recipient of it and we have a plaque. And now we would like to award our 2017 Outstanding Citizen. Councilor Beau Hanenberger: I’m on the outstanding citizen committee. There are 2 of us presently. We are seeking more members. I have a letter I am going to read from the committee. This is our second annual outstanding citizen award, named in honor of Gordy Cariveau, who is a long lasting memory and longtime business owner along with his terrific wife. They saw Oronoco for the gem that it was and located their antique business here and always gave back to the community. Current and past Oronoco residents can be nominated annually for this award as long as they resided at one time in the City of Oronoco. The next nomination window will open the summer of 2018. With a town of our size and limited City budget, without volunteers, we couldn’t survive let alone thrive. Our 2017 outstanding citizen has volunteered in multiple capacities over the past 20 years. This person has served on our Planning & Zoning Committee, has assisted with coordinating our “Meet the Candidates” for many years, has volunteered at Oronoco’s annual 4 th of July picnic for many years and volunteered for many years on the Gold Rush Committee before eventually becoming the event coordinator. During that 20 plus years, she has involved her family, including her grandchildren into volunteering here. Her passion for Oronoco is evident in everything she does. Her love for our community and everyone in it always shows. She is always asking what she can do to make our town better. Like so many in our community, she doesn’t get much for recognition. It is fair to say that she has a heart of gold. For this reason and many more, we would like to congratulate Carol Olson for the Outstanding Citizen Award.Carol: Gosh I would have cleaned up if I had known this. Councilor Beau Hanenberger: We had to come up with a way to get you here…Carol: Thank you so much. (Councilor Beau Hanenberger presented Carol with the plaque. It is displayed at City Hall during the year.) Oh, that’s a real joy. We came and moved down here kind of on a whim. About 30 years ago we bought a house at an auction. You know the movie “The Money Pit”, well that was our house. But we love it, we loved the people. The first night was in August and we were pulling in and all these people were coming and I was like, “what was going on out there?” Dave said “I don’t know but we should throw a mat down and stay just in case. That was how my love for Oronoco Gold Rush began. I love you all, it’s great, thank you so much.

Mayor Ryland Eichhorst: We respect your time for coming up to speak and want to mention to be respectful in your comments. (Mayor Ryland Eichhorst mentioned what the process is for a public forum and called up each individual.)

Bernie Sheehan from Kellogg, MN:Good evening. My comments are about the rezoning, of course, to M1. I own the property directly across the street to the North. I have 43 acres. My property right now… I read somewhere about M1 and generally, a lot of towns M1 has between an R1 and R2. So you go M1, R2, M1, R2. That’s kind of the way my property is right now. On the west is Northland Buildings, Al’s lumber, the repair shop, the dog kennel. To the south is the gas station in the area that’s being questioned. Some concern my property. Truck traffic is a concern when they talk about 40-50 trucks, you’ve got to remember that’s double, and you’ve got the employee traffic. I don’t know how many employees. No sidewalks. And with the coolers, are they run on hydrous, LP, Freon. There is environmental hazard. The water concerns, the volumes. In the near future, when my property begins to develop, it’s been tested and stuff. So you put these ponds in for this cold storage system, where will the pond drain to, what goes into the ponds, what volume, how many chemicals and solvents. And will it discharge the saturation for the soil perks? And has any concertation given because the Zumbro is downstream from us and there is concern for water quality. And if this would happen, would there be any agricultural livestock facility the ponds will have to be lined, settled out, all that type of things. I don’t know about the water volume that comes from this. So then the Buffer Zone, I touched on that a little bit. In the drawings, it shows some trees, how many years before it becomes

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December 19, 2017 Regular CC Meeting

an effective buffer. Same way with that water drainage off the parking lots, you’re going to have trucks idling, coolers, if there is any leaks of any kind, is the parking lots going to also be collecting into these ponds so they don’t end up being an issue. Some of my land is to the north is a recipient of the drainage from this area. So then you get back to the taxes, sometimes business go for Tiff financing, how will it benefit the City vs figuring done collecting off R2. So it comes down to my property now, which could be addressed later, what kind of development does the City really want for my property. With this going in and as you can see all the people here showing concerns, which when it comes time to start selling or develop my property, will this be a setback, you know for…we don’t know if it will be or not be, that’s yet to be determined by the public’s opinions. And then the other thing is the way your utilities are set up now, there’s talk about 12-inch water main, the gas main, the City well, the streets, police concern for traffic and employees, those are all things to take into consideration as the city moves forward. The biggest thing that I can see with the whole project is probably a lot to do with the city sewer. Is this the time to be starting more partial developments? How many more partial septic’s and those type of things does the City really want at this point and what happens to them when sewer comes in? How many more parks do you need and how many more green spaces does the City need? Because to go take out a septic, a mound system sets Oronoco up in a lot of this area, it’s all rock, shallow topsoil and rock. So getting back to these ponds, if they're not lined and if there is any chemicals or solvents, soaps or whatever, they can leach right into that rock. So that could be a sideways discharge back into the Zumbro. Getting back to a year ago, Mr. Mayor you weren’t on at that time, but I applied for a CUP to farm that, that was a lengthy discussion and process. Things that were brought up was the noise, limits on my CUP. We restricted any farming activity until 7 am to 7 pm and the dust concerns and that type of thing. So, those are my opinions and things I thought of as an outsider. Thank you very much.

Nathan Bertram at 1150 Cedar Dr SE:I live directly across from the land Bernie was talking about. My wife and I moved here a couple years ago. Although we don’t have kids yet, we bought a house thinking about the future. We moved here for our jobs. Looking at houses across the area, we looked at different communities and ended up choosing Oronoco. All we had to be concerned about was more people coming here with more job growth in Oronoco/Rochester. Hopefully more community growth in Oronoco. The first thing you see driving into Oronoco, driving into the community, what you’re going to see is that refrigeration storage distribution center. That’s going to be a turn off when people are buying houses, people making decisions on large purchases and the feel of the area. Having to fight semi traffic while they make their way to town, it’s not going to be good. If we could both focus on growing our population and our businesses. Bigger population means more commercial growth for us, I think that’s good. This doesn’t have to be a zero-sum game; we don’t have to build businesses that hurt our community. We have a 25 year Oronoco zoning plan, that my wife and I looked at when we moved here, that we trusted the City with when we moved here that across from us would not be zoned industrial. That is something that I would like the City to execute. In closing, please show me, my family, and the community that we can trust the City Council with our future the next 15, 20, 25 years. Thank you for the time that you take to serve our City. Thank you for hearing my comments.

Zoei Novak at 970 Woodlands Ln SE: I am 11 years old and I oppose the rezoning of CW because I love walking and riding my bike to Gas N’ Go and with the new rezoning I would not be able to do that and that would make me really sad. Thank you.

Emily Black at 870 Woodlands Ln SE:When we decided on Cedar Woodlands area of Oronoco to build our home, we research the current zoning and trusted that the City of Oronoco would adhere to those designations for the surrounding areas. The people of Cedar Woodlands invested here with the understanding that the site would remain R2 and B2. The prospect of rezoning to M1 brings safety concerns for the families that live here. There is a high volume of foot traffic in this neighborhood from families out for walks or bike rides, including kids riding to the Gas N’ Go independently. The feeling of security and allowing our children to do this is part of why we chose to move our families here. There is school bus routes that pick up and drop off at the intersection of Cedar Center and Cedar Pt. Industrial semi-traffic in such close proximity to pick up and drop offs is a safety concern. Semi traffic would be a danger to the safety of drivers, walkers, bike riders and neighborhood children. Additional safety concerns are in our minds

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December 19, 2017 Regular CC Meeting

with chemical leaks and spills, solvents and solutions pose a risk to residents living in close proximity. Furthermore, the noise and bright lights of an industrial facility will certainly be distracting and disruptive to our neighborhoods. We are very much in favor of residential and business growth in Oronoco, particularly in Cedar Woodlands area. We ask that the development be undertaken very intentionally at the proper spaces so that this growth does not directly negatively impact the people that live here. When choosing CW to build our home we did so with trust in the City would adhere to the current zoning designations. Please consider the impact of the families of Oronoco with planning future development in the City. Please vote NO to the rezoning proposal.

Philip Berg at 1440 Cedar Pt Rd SE:Good evening. I want to begin by expressing my appreciation with City Council’s time considering all the letters, phone calls, and emails you probably have been invaded within the last few weeks in regard to this proposed zoning request. Indeed this is a high stakes, passionate, emotional situation for all parties involved regardless of your stance. As a resident of Oronoco in the Cedar Woodlands community, my family and I encouraged the members of the P&Z committee, who unanimously voted to oppose the issue, and I’m confident that this body will follow suit with the recommendations tonight to remain consistent and unwavering from the stance this body felt this three-parcel in question originally transitioned from agricultural in the current restrictions as 2008. I would like to quote specifically from those meeting minutes. (City Council finds that the proposal of the zone change of the northeastern 11 acre parcel agricultural to R2 with the development from this area with single-family and multifamily such as townhomes will be compatible with existing residential developments located to the northeast of the property, and this will act as a buffer zone between the single-family homes in the northeast and the commercial highway B2 development located in the southwest portion of the parcel.) Also during that same meeting, it was quoted that, given that there is good access to the parcels to be rezoned, it is expected that there would be little additional traffic in the nearby existing streets. These topics of congestion were a concern then and are a concern today… 40 - 50 trucks per day. Along with things like safety, aesthetics, noise, and pollution. There is a comprehensive development plan put into place, so a knee-jerk reaction without a strategic long-term plan, in fact, is not in the interest of the community as a whole. I believe that if any silver lining, the problem is the tension and spotlight on this due to the situation will only lead to further innovation investment. Appropriately and carefully planned zoning ordinances designed sooner rather than later. As a resident directly adjacent to this land, I’m not in full support of this development. Thank you.

Paul Jannetto at 1090 Cedar Dr SE:Good evening, I am proud to say that I am a resident of Oronoco. I live with my wife and two daughters. I am the president of the Cedar Woodland II HOA. Tonight I want to start off by actually thanking and knowledge the P&Z committee who voted unanimously, who recommended to deny the petition to rezone CWIII from R2 and B2 to M1. We strongly encourage the City Council and Mayor tonight to uphold that petition recommendation. The facts are simple, this spot zoning will diffidently impact the roads, not only leading into downtown Oronoco but also specifically Cedar Center which is the main road that residents of CWI and II use into our subdivision. 40 – 50 trucks per day is a safety hazard to all residents, particularly those that walk or children that ride their bike to Oronoco Gas N’ Go. In addition, this proposal goes against the City’s future land use plan. A row of evergreens for the proposed storage facility/plant is not appropriate nor adequate screening for a buffer for the R1 zoned homes that back up to this area. In fact, the City has it currently zoned correctly when there is an R2 buffer zone. As a result, I urge the Council and Mayor tonight to uphold the recommendation from the Planning and Zoning committee to deny this zoning petition. Thank you for your time and your service.

Jason Blum at 715 River Park PL SE:Good evening Mayor and Council. First I would like to thank those in our community for making sure our voices are heard and that we are an informed people. Being new to the area, you’ll have to forgive me that I am not aware of all the work that has been done regarding the ongoing development in Oronoco. I’m speaking to the fact that if we are going to be in the business of developing industry in this tow, you must move forward in a manner that always keeps the best interest of the community in mind. In development, if you are looking to attract industrial type businesses to this town, we should be planning ahead for land suitable for these types of ventures. Regarding industrial business, you don’t have to look very far from our community to see how, why, and where these types of business are located. They are located in industrial parks, which are designed for the esthetics and

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December 19, 2017 Regular CC Meeting

dangers that often come along with these types of business. Having a business of this type located in close proximity to residential areas is not something that will grow this community. As you review these types of projects, I challenge each of you to put yourself in the shoes of those in your community who stand to lose from the venture being reviewed. You don’t have to look very far to see what kind of damage can be done when business is not required under current planning, zoning, or other City ordinances to adhere to what would seem to be realistic guidelines and being a good neighbor in our community. As you are aware, promises mean nothing and enforcement of written policy usually comes with a cost. I know that as public officials it is your duties, policy’s, proposals, bids, new requests, etc. And that this will not be the last of these types of offers. As representatives of and for this community I am hopeful as the need for further community development in Oronoco increases, so too will the request for ensuring a viable vibrant community after the ink has dried on an agreement that will last for generations to come. Thank you for your time.

Erin Nystrom at 955 Cedar Pt Ln SE:My husband, Bill, and our three kids, ranging from 2 to 20 years old, live in Oronoco. I just want to take my three minutes to pause for perspective. I have spoken and emailed each of you. Who are we and what does the City of Oronoco want to be when we grow up? So first you can’t undoubtedly recognize the overwhelming concern of our citizens regarding the zoning of this land, which would be unprecedented. We are concern that allowing the application to be considered challenges the trust in covenants in zoning and planning. We are concerned by advocates in the City who promoted the buffer, a row of baby pine trees and retention pond, i.e. a drowning hazard. As such, we are so grateful for the ear and support for the unanimous vote of the P&Z committee last Thursday and for your time and attention tonight. So, who are we? I am a member of Cedar Woodlands. I don’t speak for us alone; we are families and retirees. Couples and individuals that have built there long time homes and their forever homes. We are teachers and scientists, electricians and nurses. Many of us are small business owners. We are physicals, working home parents, engineers. We are hardworking folks. Commonly, we chose Oronoco because of its stunning natural setting that comes with its proximity to the river. We have space to stretch out while being a part of neighborhoods that are bustling with the action of little ones in their stroller, wagons, on their bikes and on foot. Commonly and as such, we are invested in the future of Oronoco and we deserve strong to make this City a thriving community. But who is the City? And what does the City represent? Is Oronoco a thoughtful planned City that recognizes its great potential, along with Rochester and other surrounding communities? Is Oronoco a City that proactively plans for this growth? Is Oronoco a community that leverages its proximity to Rochester and to the Cities its nature, its parks, its location from HWY 52, and the middle fork of the Zumbro and its watershed? Are we a City with staff and representatives that encourage its citizens to engage in transparent and cognitive ways? Are we a City in the name of increasing the tax base rezones to allow relatively unknown industrial entity across the street? Could we be, a basic community with amenities, thriving small business, a coffee shop, a bakery alongside industries that are properly placed? What could we be and what should we be? So, city leadership and the citizens of Oronoco really are at a crucial point in our history and here today is an opportunity to set us on a path for prosperous and thoughtful growth. First by voting against rezoning and then by taking the next step by developing a City plan a fresh to accommodate and promote industrial and small business and residential growth in the future. Let’s make Oronoco a gem of SE MN. How can we help you?

Dan McPherson:May I speak on half of the developer? Mayor Ryland Eichhorst: Sure. Mr. McPherson: Members of the council, my name is Dan McPherson, I am a realtor at Edina Realty located in Rochester. I represent the developer, Thomas Gauthier for the rezoning application being presented this evening. For several years, members of this committee as well as other committee members have called upon Mr. Gauthier and myself for updates and requests to bring business to Oronoco. Citing the community’s need for industry and basic services, such as gas station, which we have provided. The citizens could use a grocery store, a fitness center, dental office, art centers, etc., and an expanded tax base. We get regular calls on this. Some members of the council have said the need is real for increased tax base. For the citizens and the future financial help of the City, single families alone will not get the job done with the impending expenses you are going to be facing. It will take industry business to be successful. In the past, Mr. Gauthier has also been asked to help resolve some of the cities serious infrastructure and safety issues created by other developers. I think Engineer Joe Palen is aware of examples of that. Specifically, the City has asked Mr. Gauthier to cooperate and provide the desperately needed access from River

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December 19, 2017 Regular CC Meeting

Wood Hills to 100 Street. Up until now, Mr. Gauthier has been more than cooperative and easy to work with. So the question to the council is, do you want to have business and industry invest in Oronoco or not? If so, then let’s work through the issues together on this site, so Oronoco can have a new employer, provide industrial tax base that is vital to the long-term financial stability of the City and provide many other growing needs of a growing community. The P&Z meeting was very disappointing as to how the application was handled. There was no discussion about a solution but rather a quick discussion primarily based not on facts but thought and emotions. Specifically, truck traffic, berms, noise and safety, as well as property values, were not addressed by the commission itself. The citizen voiced their concern. The commission did not address it. For example, per Zoei’s request, it’s a great request. Perhaps a walking/bike path could be dedicated to the City. So no pedestrian traffic would be on the street. We weren’t allowed to have that discussion. Or, specific berming that gives beautiful esthetics and soundproofing. Everyone had assumed it would just be little evergreens. There has been no discussion about the berm, what it actually could be. Lots of assumptions. What about improving turn lanes to MN Ave? None of these items are even given the chance to be discussed. Who knows the facts about injuries from truck traffic from commercial facilities? Who has done traffic studies, we have. We have spent money with engineers looking at the traffic on MN Ave. We have personally spent that money. These are all issues the developer is willing to address. We are not asking for you to approve it today, we want you to give it a fair analysis. We didn’t get that. You let the people talk. Instead, there was a celebration that squashed the City from having a new business, impressive tax income opportunity, employment, and squashing a retail center for bakeries, a grocery store, and other opportunities. Those were eliminated. It sent a message to all businesses currently considering Oronoco that you are either not welcome or you will be subject to mob rule. There are more than just a few eyes on this. We have been respectful and I expect the same. If the council does not want to work with real tangible businesses, taking the time to sign contracts, budget for due diligence, please let us know so we can direct them elsewhere. It’s that simple. For my part, I have served on other planning and zoning commissions as well as participated in U of M extension services study group for Oronoco and I am one of the few that actually contributed in post-study dialogue, after the study. Some of you were in the room. In both these, we worked on fact and found a solution. This is not the case for the Planning and Zoning Commission. It shows a biased that is duly noted. Mayor Ryland Eichhorst asked Dan to summarize his comments. Dan: Absolutely. The council will be dealing with a developer that has an impeccable track record. The opportunity you have been requesting for years is upon us. You could pass this today with conditions and give the developer the chance develop, to address the neighbors issues, put solutions in place with wisdom and facts, you can simply deny the application, or you can seek further review on the issues. If you can’t pass it, we would like to see further review on the issues. The details on the facility are separate from the zoning. It would be brought up as part of the permitting process of that facility. Oronoco needs business, we are asking for it to be passed. Thank you.

City Attorney Fred Suhler: Mayor, I am concerned about this process right now. This is public forum, the process doesn’t include a public hearing for the council on the zoning issues. We have been at this now for a half hour. I’m not concerned about the time. I’m concerned because this gentleman here is complaining about the process. By entertaining the discussion from all points of view, we are violating our own process. I can tell the people in the room that two members of the planning commission are on this council. The law says that to pass a rezoning request of this kind, it requires 4 votes by the members of this council. Mayor Ryland Eichhorst: That’s correct. City Attorney Fred Suhler: two council members have already voted no. I suppose if we spend the rest of the night talking about this, it will not change that fact. The fact is, the council has effectively already made its decision. If we spend an hour or two rehashing what happened last Thursday, I can’t see it changing anyone's mind. That’s my observation. I am concerned about the fact that this is turned into a public hearing, which is a process that our ordinances are not recognizing at this stage.Mayor Ryland Eichhorst: Your right. The intent is for public forum and keeping it to three minutes and at the same time we are hearing repeated comments, and rightfully so. So...City Attorney Fred Suhler: I would be concerned in a future situation where someone used the public forum process to somehow violate our process procedure for zoning and then came back and said that the process was unfair because you allowed people to speak when there was no public hearing that was noted and advertised. That’s my concern. I don’t care if people want to come in and talk about the philosophy of this body or anything else, that’s a proper thing for public forum. But we are turning this into a public hearing. It is not appropriate.

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December 19, 2017 Regular CC Meeting

Mayor Ryland Eichhorst: Dan, thank you for your comments, appreciate it. Thank you for all your comments as well regarding the zoning (addressing the public). Mr. Suhler makes a good point. Ths is a public forum, we are not having public hearing round two. A lot of the points have been made in the public hearing, so what I would like to do is move onto comments regarding Cross Town Auto.

Carole Wells at 140 6th Ln NE:I have been a resident here for years in Oronoco. Would like to talk about Cross Town Auto. Here is my concerns. I am concerned about the noise coming from the salvage yard. I am concerned about the air pollution, from having the proposed smelter, in the future. I am concerned about all the heavy trucks hauling used cars on city streets. Will the future cost taxpayers to replace these streets? I am concerned about lower property values when I sell my home in the future. I am concerned about the salvage yards disposal of hazardous material; replacement oil, transmission oil, gasoline, etc. Where are these materials stored? How are these materials recorded? Who monitors the storage and disposal? I am concern that that business may no longer sell auto parts but instead cuts up parts to smaller pieces for recycling. Do we really want this big time business in the heart of our community? I thank you for your time and attention.

Roger Wells at 140 6th Ln NE:Good evening. I thank you for your time and attention. A great matter for the City of Oronoco and its residents, the matter being the operation of Cross Town Auto. I have several points I will address. First, a formal complaint. I will start with a bit of recent history, according to Oronoco Township’s December meeting, Mayor Ryland Eichhorst has been recorded saying “the City has not received a formal complaint”, but they have now. My wife, Carole and I signed and personally delivered it to the office last Thursday on the 14 th. I would like the city council to review that letter. Next point: Gas line installation. Again at that same township meeting, Mayor Ryland Eichhorst was quoted stating that the City denied a permit for the gas line run to Cross Town Auto for the smelter located within the City, end quote. The City of Oronoco meeting, November 21, 2017, a Miss Maggie Sutton reported that such a gas line was installed in her backyard. Again I ask Council how such action can take place. Who is responsible for follow up? Again referring to the Township meeting, November 6 th, Mayor Ryland Eichhorst was quoted saying that the city process is to send 3 letters to the business, then a ticket with increasing fines as time passes, end quote. Have the 3 letters been sent? How much is the current fine? How much does it increase with time? I hope such action will take place. I will surmise a possible answer. Cross Town Auto may have concluded their breach of the city permit ordinance and denial of the city council is worth paying a small fine in comparison in moving forward with plans to install and operate a smelter. I would expect the next move may be to attempt to negotiate a financial settlement to forget and to look the other way. Next point: Smelter /melter. I would like to address several comments made by Mr. Chris Erikksen, representing Cross Town Auto. November 21, 2017, City Council meeting, Mr. Erikksen, quote ‘we want to be a good neighbor, we want to be a good corporate citizen, we don’t want to do anything that is gonna hurt the City of Oronoco or it’s residents, or it’s visitors’ end quote. Ladies and gentlemen, those comments are 3 times to bat and Mr. Erikksen struck out 3 times. Cross Town has violated each and every one of those wishes. They are not good neighbors and are destroying the residential neighborhood surrounding their business operations with noise pollution and excessive traffic by their heavy trailer trucks hauling salvage material into the City of Oronoco from parts unknown geographically. And now we're faced with an illegal air pollution from a smelter operation. Again Mr. Erikksen quotes ‘Every piece of correspondence I have gotten from the City uses the term smelting. Smelting is the process of extracting metal from oar, that’s not what we are doing. Steal melts at 1200 degrees. That’s not what we are doing. We are melting little pieces of aluminum into ingot to ship anywhere in North America’, end quote. Smelter/melter, is there a difference? The dictionary does not actually list the word “melter”. The dictionary does define “melt” as, to change from solid to a liquid state by application of heat, pressure, or both. Or “B”, to reduce manufacture metal articles to state of raw material from making other metal articles. The dictionary for “smelt” is separating the metallic constituents. And for “smelter”, any apparatus for smelting. Seems to me, all the definitions are about the same. Mr. Erikksen stated that steal melts at 1200 degrees. He must have skipped chemistry class that day his teacher explained melting points. This chart, which I will leave with you, this chart clearly shows that steel melts at 2500 degrees fahrenheit and aluminum melts at 1218 degrees. I think Mr. Erikksen is pulling the wool over your eyes, thinking a small town like Oronoco can be taken advantage of. Has anyone actually seen the equipment? (Mr. Wells researched companies that distribute smelters and let City

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Council know about his findings.) Distributors (97%) are mainly located in Asia, China, India, and Taiwan. One does have to question the quality and safety levels of the equipment. (Mr. Wells informed Council of what price ranges are for home models to industrial models.) Next point, enforcement: How does the City plan to enforce their ordinances? Has there been or have a planned on-site inspection done of the smelter to determine if the illegal gas line is being used? If so, will Cross Town turn it off? Has an application been made to the City of Oronoco for a Conditional Use Permit? Will it be entertained given the history of Cross Towns behavior? Last Sunday evening, all the lights were on in the so-called parts storage building, I have never witnessed this before which makes me believe the smelting operation is more advanced than we may know. Right now as we meet here, all the lights are on in that building. Action: again back to the point, the November council meeting, Councilor Carl Krause was quoted saying that we should work with them, end quote. I am concerned about his position. Streets are being overused and abused. Noise pollution is intolerable and the potential of an air pollution problem facing the health and welfare of the residents and our children. I predict neighborhood property values will decline in the future resulting in lower property taxes paid and of course producing lower revenues for the City of Oronoco. Cross Town Auto has opened Pandora’s box and has brought mayhem to our community.From a famous phrase ‘I’m mad as hell and I’m not going to take this anymore’. And to borrow another phrase, ‘I’ll be back’.

Jean Myre: I’m back, wanting to know what the new status is? Cross Town Auto did say they would shut down their semi trucks at night. I was woke up again at 5’:30 in the morning, earlier than I wanted to be. I do have a great concern because there is suppose to be a noise ordinance. I don’t know what they refer to because we still have the same issues with what was 5-8 employees is now 36 employees blasting through the neighborhood still. We still have semi-trucks coming in. I suspect that, even though the gas line installed without the permit, 7 feet away from my living room window, I don’t know that it’s turned on but yet there has been vehicles out there selling canisters of gas. It’s kind of odd. We have been smelling weird smells in the morning, down in the valley when the air is not moving. Whatever it is, sits there, and it is not wood. I still do have a concern. I have a concern over the hours. It use to be that the salvage yard was open 8 to 5 daily, now I’m told it could be from 7, to 10, to 11 o’clock. They use to be closed by 2 on Saturdays. There was a truck that did blast out at 8:45 at night. Sundays, really? It’s to a point where you get off work and you can’t even enjoy a home you pay mortgage on. Has there been a Conditional Use permit requested? And if so, I can’t believe that. The rules say that anyone that lives within 350 feet of that business is supposed to be notified.

City Attorney Fred Suhler: I can answer the question. There is no procedure in our zoning ordinance to issues a Conditional Use Permit. We told the applicant don’t bother because we can’t grant one. I’m not sure how the rumor started that they could get a CUP. I told the City Clerk a month ago that it wasn’t in the cards. We told the owner of this place and the manager that it wasn’t in the cards. That should answer your question. I’m not sure the gas line is the issue. The issue is what they are doing in the building, the smelter is not a use appropriate in that zone. We don’t have jurisdiction over the entire property and for whatever reason, the Township feels they don’t have jurisdiction over parts of the property. It’s a problem to coordinate the proper governmental response to this.Jean Myre: do we have any type of obligation or any way to control the amount of traffic and noise that blast through the streets of our City on the way to that township building? I haven’t seen law enforcement in this City since Gold Rush.Fred: The problem is the use of this property, that includes truck traffic, has been going on longer than I have been here.Jean: That is true but it has increased.Fred: my advice to you folks is what you're describing is a private nuisance. If someone is doing something next to my property that I didn’t like, I could sue them. It is regardless of whether you are violating the zoning ordinance or not. I don’t want to delay this problem back on the residents, but I think in some cases a private nuisance is much more appropriate than having this bureaucracy trying to deal with two different zoning authorities with zoning rules. I would urge people who are bothered and live next door to this to get together and bring some kind of a lawsuit. I read the complaint that was filed. It was in the packet. I need to go to the county and see if we are missing something in all this.

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Discussion started and Mayor Ryland Eichhorst stated that Council will give an update on the City’s position later in the meeting.

Annie Johnson at 475 River Park Rd:I just want to start out by saying how incredibly inspired I have been over the past few weeks with the on-going support and advocacy that our fellow Oronoco neighbors have shown for one another and I also want to say that if that is considered mop rule then I am super proud to be considered a mobster. Mayor Ryland Eichhorst: Please keep your comments respectful. Annie: Can I speak? My comments are focused on items on your agenda, I feel it is incredibly important that recent actions by the City and/or city representatives be publically addressed. First regarding the Facebook page, as many here are likely aware, the City has chosen to delete any comments that are currently being posted on their Facebook page. If you take just a moment to review the sites and policies of neighboring small towns, you will find that Oronoco is currently the only small community around that does not welcome comments. Even in a guided way for its citizens on that public platform. Now I don’t know if the City’s action deleting comments on a public forum on the Facebook page push the line of the law, such as the 1st amendment or not, I’m not a lawyer with a specialty in social media. But what I do know, as a citizen of Oronoco, I hope for and expect better from our leadership. I want to live in a community where leaders welcome from conversation whether it alines with their beliefs or not. Tonight I encourage the council to consider what message they are sending when they choose to take away this very useful and powerful platform of speech. The second and most concerning recent action, also relates around the freedom of speech, it is related to this discussion. It needs to be publicly known that someone representing the City of Oronoco recently threatened a private citizen with litigation…At that time Mayor Ryland Eichhorst kept telling Mrs. Johnson that public forum wasn’t the place to talk about it. Mrs. Johnson continued to talk and told Mayor Ryland Eichhorst that when she spoke to him on the phone the other day she said she was going to talk about it. She stated that what she had to say should be public. Ryland told her that it was a private conversation and she was asked to stop. City Attorney Fred Suhler: Mam, you have a right to speak but it is not protected by the first amendment, ok? Mrs. Johnson: They are proving my point. (A few members of the public stated that they wanted to hear her speak.) City Attorney Fred Suhler: If anyone wants to see my response to her emails, call me up. Mrs. Johnson continued to talk as she was returning to her seat.

Mayor Ryland Eichhorst closed public forum at 7:56 pm.

VI. DEPARTMENTS & COMMITTEE REPORTSA. OCSO ~ Sgt. Rick Carmack

B. FIRE DEPARTMENT* ~ Dan Sundt, Fire Chief1. Runs: 2 (11/23 MVA (OFR assist), 12/11 MVA (no action needed)2. Meeting Minutes3. Gold Rush donation ($1200), 20 new carcinogenic (cancer) blocking hoods, $1800. Turn out gear

budget. Councilor Beau Hanenberger motioned to approve the purchase for $1800 for cancer blocking hoods, Councilor Carl Krause second; all in favor, motion carried.

4. Text-to-911 now available in MN statewide. “Call if you can, text if you can’t.” It is on the fire department website and Facebook. Dan: I have a flyer you could use to put up on yours.

5. Kidde recalled multiple consumer fire extinguishers with plastic handles. You can google what is on the list. Please get them replaced.

6. Annual elections and positions stayed the same: Fire Chief = Dan Sundt, Assistant Chiefs = Cain Dolan and Chris Stolp, EOC = Pat McGovern

C. FIRST RESPONDERS* ~ Jeff Allhiser, 1st Responder Director1. Runs: 11; 9 township & 2 city 2. Meeting Minutes 3. $3000 to purchase a 4 bank charging system, as well as 4 batteries for our Zoll, defibs to make sure we

always have a charged battery for each of the 2 units.  Batteries are $80 each and the unit is $2300.

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Councilor Beau Hanenberger made a motion to approve $2300 for unit and batteries, Councilor Carl Krause; (Discussion: partially paid for by Gold Rush) all in favor, motion carried.

D. EOC ~ Pat McGovern, Director

E. PERSONNEL: 1. Carryover PTO for City employees. Councilor Beau Hanenberger motioned, Councilor Trish

Shields second, (Discussion: we encourage to take time off. Councilor Carl Krause asked how much? Mayor Ryland Eichhorst said the max is 120, it is in our personnel policy) all in favor, motion carried.

F. ORDINANCES & RESOLUTIONS (voice vote)1. Resolution 17-25 Final Tax Levy collectible in 2018 for $780,000. Councilor Beau Hanenberger

motioned to approve Resolution 17-25, Councilor Nancy Quimby second, (Discussion: a plus note! Citizens should be proud!) voice vote all ayes, motion approved.

2. Resolution 17-26 Designating Polling Place. Councilor Carl Krause motioned to approve Resolution 17-26, Councilor Beau Hanenberger second; voice vote all ayes, motion passed.

3. Ordinance 17 -6 Zone Change CW. Councilor Beau Hanenberger motioned to deny Ordinance 17-6, Councilor Carl Krause second; (discussion: Councilor Beau Hanenberger: when P&Z gets this, we are not allowed to make an emotional decision. All we know is there will be 40-50 trucks at peak when fully developed, retention ponds, buffers. Us as P&Z members we need a reason why to approve or deny. We are doing it for the zoning only. This is a zoning issue with the information we have. All we can say is, are we going from R2 to M1? There are certain things Council would like to do, but that is after the fact. Worry about another plethora of things. Mayor Ryland Eichhorst: you are talking about the developer's agreements, where all the details are worked out. The no bias, facts are facts. How do we know what we are getting? It's not fair. All we are doing is zoning. It could be any facility; it can’t happen because of the things listed. Dan mentioned a traffic study and we can’t go on that. That’s the idea of why we came to this conclusion. We can’t be biased. We have to do what’s right for the City. We have to keep citizens in mind. Councilor Carl Krause feels it would be spot zoning. Councilor Beau Hanenberger: spot zoning, it doesn’t meet our future land use plan and safety. Would it be great? We would love something like this. It is just not the right location. Councilor Trish Shields: the Council as well will make a decision on facts and what is right. Mayor Ryland Eichhorst: first I appreciate everyone's public interest. There is a lot of emotion. I recognize the emotional level is high. If we can channel that energy to Gold Rush, Water and Sewer, Planning, there is a lot of love and desire to grow. I know that Mr. Gauthier is a business person and we appreciate Gas n’ Go. He is a businessman and it's his business to do that, whether he lives in Florida, Wisconson, or Iowa. Talk about the facts, using the league, zoning falls under ordinances, it’s all related to a rotational. When we look at variance and conditional use permits, the council is limited in what they can do because of the ordinances. You have to follow the ordinances in place. That’s why we have a comprehensive plan good for 5-15 years and we are at year 9. P&Z put it on the agenda and come back with a recommendation with the plan. The people that did come forward. There is a place for cold storage but just not at that place.) Voice vote all ayes, motion passed.

G. DOWNTOWN ORONOCO GOLD RUSH DAYS* ~ Chair: Councilor Beau Hanenberger, 1. Meeting Minutes: had a public input meeting on the 12th of December. Brought back a lot of good

things to make the show better. Moved the time on Thursday from 1 pm to noon. Meeting minutes were not submitted. Jan 8th Gold Rush meeting will start at 6 pm. Meeting with Grace Lutheran in Jan.

H. PARKS & TRAILS* - Katie Dudley, Chair 1. Meeting Minutes: December 4, 2017

2. Zumbro Water Trail sent letters to 15 cities. Letters back from Olmsted, Wanamingo, and Zumbro Falls. The plan is to have a group of cities together and write an application for all these cities for a Regional Park Designation from Dodge Center to Kellogg. Once the application is received, if we get

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a high ranking, it would promote camping, canoeing, and economic recreation. Supportive of doing this in our region. It would connect through the Zumbro River as well. Portages, overnight camping, could be done. It is a multiyear project. Excited, a lot of potential!

I. COMMUNITY CENTER1. Bevcomm rates for a second internet line. Speed of 8mg is $69.95, 15mg is $99.95, and 25mg is

$129.95 monthly. Installation fee is a one-time charge of $45. Right now the City has a speed of 25mg. If approved, the second line would be for guest use. The lines for City would be wired to help us with cybersecurity. Mayor Ryland Eichhorst motioned to purchase the 8-megabyte speed for $69 a month for 2018, the motion died for lack of a second. Council will revisit this again. Discussion about the concern going forward with cybersecurity and looking for a lower price. Councilor Trish Shields: why a second line? It is not a responsible expense. Mayor Ryland Eichhorst explained what was discussed at the personnel meeting. It would be more secure for staff to be on their own line. Trish: Change the passcode on a regular basis. This expense seems extreme to me. $840 a year. Mayor Ryland Eichhorst: Rebecca and Sandy are susceptible in Dan’s experience. They should be hardwired in. Councilor Trish Shields: Let's take this back to personnel for discussion. Councilor Beau Hanenberger: Bevcomm up the rate again. Their rate increases have been disgusting.

J. PUBLIC WORKS

K. STREETS & ROADS*

L. PLANNING & ZONING* 1. Meeting Minutes: December 14, 2017. It was a packed house. The public had issues with the zoning.

A bunch of those spoke tonight. Council received a packet of the meeting verbatim. Fact-finding; it is not in line with future land use, it creates spot zoning, M1 next to R1 (although Rochester does have this), and concerns with safety. When this was brought up on the other side of the highway, one would rationalize the difference with truck traffic. Basically, P&Z made a motion to deny the zoning request. Councilor Beau Hanenberger asked for questions. All of council was present except for Councilor Nancy Quimby and she didn’t have questions.

2. Recommendations on Cedar Woodlands Rezone. Discussed above.3. OACC Updates. P&Z passed this. The wording is in the packet. It is simplified. Mayor Ryland

Eichhorst asked if it applied to all zones. Yes, it applies to all zones. Mayor Ryland Eichhorst asked about how it differs from B1. Councilor Beau Hanenberger: we didn’t go into exact detail, we will actively continue to look at it. Mayor Ryland Eichhorst: Does Fred need to look at it? Councilor Beau Hanenberger: P&Z adopted this. We took the point system away. Categorized by preferred, acceptable and not preferred. Beau gave an example of how it would work. City Attorney Fred Suhler: this idea has been kicking around, I wasn’ aware P&Z was done, so I haven’t looked at it. If the council adopts it, if someone has a design in place, it would be hard to apply retroactively. Councilor Beau Hanenberger: this would be for the future to keep buildings looking nice. Set public hearing for new ordinance in January. Mayor Ryland Eichhorst: I would like Fred to take a closer look at it as well.

4. Fence Ordinance. We looked at it.5. Update to R1 for storage. For the gentlemen building on 5th street. We added personal storage to the

CUP. That would prevent spot zoning for a shed. There will be a public hearing in January through the Council.

6. Oronoco Auto: continued complaints. P&Z did not discuss it. Mayor Ryland Eichhorst: to address some of the comments. It’s a unique relationship with the Township. At the township meeting, they still considered it to be a salvage yard. I also know that we have received more than one formal complaint. Back on Nov 15th, staff sent a letter addressing the noise, traffic, and operating hours. They were given a 10 day period to fix the issues. Some of the issues have been addressed. They are cutting back on working hours and making improvements. Can’t say it is 100 percent. The trucks are still ongoing. Is there something we should do with the weight class of the roads? I talked to the MPCA. There is an active investigation. They have also have one active with Cross Town in the salvage yard.

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That is all they could tell me. I know we would like to see things like this happen quicker, public government as it is, there is a process and it can be hard waiting for a response. The gas was installed improperly. A permit was submitted and denied. It was not approved. The B2 was originally to be parts storage. There is no CUP. As far as I know, the smelter has not been used. If it is, we need to be aware of it. Until the emissions, it is in the hands of the MPCA right now and there formal response to that. The letter was sent to Oronoco Auto. Another letter was sent at the beginning of December. There 10 days will soon be up. It takes time but that is the way our system is.

M. WATER & SEWER* 1. Meeting Minutes: December 12, 2017 2. Riverwood Hills looping 3. Task Force regional wastewater project with Oronoco, Pine Island, and Rochester. Commissioned

Stantec to do the survey. Engineer Joe Palen prepared a draft. Tomorrow is a joint meeting with Pine Island, with a more extensive presentation. We made modifications toward the end of the week. We will move from there. Engineer Joe Palen presented the shorter version of the powerpoint to Council. The public is welcome to attend. January 8th, 3:30 pm, conference room 104, in Rochester. The council presence would be great.

VIII. PETITIONS, REQUESTS, & COMMUNICATIONS*1. Tree bids: Councilor Beau Hanenberger motioned to approve Arborists of Rochester for 2018,

Councilor Trish Shields second; all in favor, motion carried.2. Outstanding Citizen moved above in public forum.3. Complaint Property: 35 4th St NW (cars in the front yard). Gone through the process of letters and

ticket twice. About $100 each ticket. Rebecca will find out when he received the ticket, the next amount, and if they have been paid. At what point does it get towed?

4. LMC Training. Councilor Carl Krause is interested in going on the 26th and 27th in Brookland Park. Mayor Ryland Eichhorst: Giving it thought myself to attend the leadership conference. Councilor Trish Shields motion to approve Councilor Carl Krause, possibly Mayor Ryland Eichhorst, and any other member wanting to attend the conference, Councilor Beau Hanenberger second; all in favor, motion carried.

5. 2017 Audit contract: Tom Cummings. Mayor Ryland Eichhorst motioned to approve the city audit function by Hawkins, Councilor Beau Hanenberger second; all in favor. Motion carried.

IX. UNFINISHED BUSINESS

1. Southbound City Sign: estimates, Dan is waiting for a 3rd quote.2. Cemetery driveway. Looked at the right of way plat. Keeping part of it because the ROW is pretty

steep. Vacate what would remain and go to the cemetery. If it meets approval. Complete with Fred with the description provided. Communicate it to the cemetery board. Documents will go back to the cemetery now. Census with the council is to proceed. It benefits them and us. Maintain as they see appropriate. They would own the driveway which they don’t own now. Fred discussion it with Engineer Joe Palen. Forward email to Fred.

3. Gilford property. Jan meeting update.

X. NEW BUSINESS. 1. Throndson Property. Staked the right of way. Did locate a few existing pins. Projected the 20-foot

alleyway. Dan will trim back when they have time.2. Facebook: Council adopted Facebook as an informational page only, no comment, back in June 2013.

The public has concern over it. It has been done the same way since 2013. It is a good tool to get notices out. There was a misunderstanding on the intent. Council at that time chose to have it that way and it is supported by the League of MN Cities. Councilor Beau Hanenberger: I'm kinda torn with whether we should keep it and having city staff should stay up late to monitor it is not ok. That is worth taxpayers dollars. It is designed for informational use. It’s a great tool. I’d hate to see it go but is it worth the cost to keep deleting comments on it all the time? Mayor Ryland Eichhorst: there is a cost

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associated with it. Another option is to delete, give it a rest period; we could consider leaving the comments on there. Pine Island, they allow comments to stay on it both positive and negative. Since 2013 the league has put out a policy statement and criteria for deleting and types of comments to be deleted. The League recognizes Facebook as a tool. It was used to an extreme recently. Society is social activity now. It came across as violating rights, which was never the intent. We can delete, we can monitor it, and I think it is a good tool if people can be respectful in comments. It's been 4 years. Attorney Fred Suhler: are other cities having issues with Facebook? I’m not a Facebook person. You are right the City could make an attempt to run in a parameter. The City does not have to maintain a billboard. If the City does provide, then we have to be responsible for misuse and censoring. If we maintain a place for dialogue, we have to maintain it. If you want to get into it, that’s fine. There are other ways to get people information. Concern your own Facebook page. The government is a different issue. Councilor Trish Shields: I think it's important to have information out there, it is used regularly; I do not like having comments on our City Facebook page. Councilor Carl Krause feels the Council should let it go. Revisit it. How bad out of hand was it? Councilor Beau Hanenberger: misinformation that gets started with social media, it's everywhere. Do you keep it? Councilor Carl Krause: we are in a busy world. Councilor Trish Shields: if we could eliminate the comments, I would keep it. If we can’t on hot-button issues, then get rid of it. Mayor Ryland Eichhorst: I think it’s a privilege, if it costs too much money we can eliminate it. Councilor Beau Hanenberger: a lot of added stress to monitor it. A no comment site has no comments. Councilor Trish Shields: it’s meant for information. There is a better place for comments, good, bad or indifferent. It is not intended to stifle communication. Table it. Councilor Beau Hanenberger motioned to table it till February and revisit it, Councilor Carl Krause second; (Discussion: Carl: I think it’s important to communicate, City hall is open such few hours. Trish: there is a city email address for information, problems or concerns. Not on Facebook.) All in favor, motion carried.

XI.CONSENT AGENDA* Councilor Beau Hanenberger motioned to approve the consent agenda, Mayor Ryland Eichhorst second; all in favor, motion carried.

A. APPROVED BUILDING PERMITS*1.480 River Park Road SE new construction2.546 River Park Road SE new construction3.45 4th Street NW water heater

B. TASK LIST; updated

C. MEETING MINUTES 1. Regular City Council Meeting: 11-21-20172. Special CC Budget Workshop 12-11-2017

D. FINANCIALS1. Pine Island Account Summaries2. Budget: available at the office for review.3. Accounts Payable 4. Account Receipts

XII. ADJOURNMENT Councilor Beau Hanenberger motioned to adjourn the meeting at 9:50 pm, Councilor Nancy Quimby second; all in favor, motion carried.

Jan Throndson was unhappy that he didn’t get to speak during the meeting when his property came up and told Council that they needed to open the meeting back up.

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Mayor Ryland Eichhorst reconvened the City Council meeting at 9:55 pm. Attorney Fred Suhler left the meeting.

(Jan Throndson handed out exhibit packets to the Council of previous council meeting minutes.)Mr. Throndson: As a property owner at 25 MN Ave., I stand before you tonight to present my facts in

regard to the roadway and the ROW 60 degree steep bank that was left in front of my property when Olmsted County did their project for reconstruction of CR 118 and CSAH 18 in Oronoco Township.

I have been before the City Council several times and have spoken at length with former council members over the above issue over the past three years.

(Mr. Throndson continued to go through his exhibits.)Mr. Throndson: None of that is my opinion, it is all facts. I have tried to work this out without going to

litigation. I would like a response from you people. There is a lot of information to go over and I fully expect you to do that. That hillside is not going away for me and it is not going away for you. I’m very serious. I have a 10-foot gravel path. I appreciate you putting the stakes in. To say it only benefits me, it doesn’t just benefit me. I spent a lot of time on this information folks. I hope to hear back from you. I did check on the block wall. The stuff to cover my 75 feet is about $10,500 for material only. 4-foot block by 2 foot high. Space it 4-5 feet in tiers. Erv’s place to the VFW is about $40,000 to do that project. I have done my homework. Thank you.

Mayor Ryland Eichhorst: Thank you. I can tell you have spent a lot of time on this. I feel there are a couple things missing; I don’t know what for sure. We will review the exhibits and have city staff take a look at this. It's going to take some time to go through this.

Mr. Throndson: It took you 18 months. The first meeting after the project was complete took 18 months. Please, all of you go back and look. Business done this way is a scary thing.

Mayor Ryland Eichhorst motion to adjourn the City Council meeting at 10:30 pm, Councilor Trish Shields second; all in favor, motion carried.

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