06-26-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 12, 2017 7:00 o'clock p.m. CONSENT AGENDA — Continued 16. #17-3937 BLACK BEAR BUILDERS O/B/O JOHN BROOKS, 905 FERNDALE ROAD WEST, VARIANCES, RESOLUTION NO. 6767. 17. #17-3938 TC HOMES, INC., (Brian Tutt) O/B/O NANCY BLOMS, 1325 REST POINT LANE, VARIANCES: LOT AREA, LOT WIDTH, STREET SIDE YARD SETBACK RESOLUTION NO. 6768. This item was removed from the Consent Agenda. 18. RESIGNATION OF RACHEL DODGE — ADMINISTRATIVE SUPPORT ASSISTANT 21. #17-3935 ORONO PUBLIC SCHOOLS, 2687 WAYZATA BOULEVARD WEST, CONDITIONAL USE PERMIT — RESOLUTION NO. 6769. 24. #17-3941 ORONO PUBLIC SCHOOLS/CITY OF ORONO, 685 OLD CRYSTAL BAY ROAD NORTH, TEXT AMENDMENT: SCHOOL DISTRICT ZONING — ORDINANCE NO. 198, THIRD SERIES. Printup moved, Seals seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Walsh stated this is the section of the City Council meeting where residents are allowed to make public comments relating to items not currently on the agenda this evening. Walsh requested the comments be limited to five minutes. Jay Nygard, 1386 Rest Point Road, stated he is here tonight to accept an apology from the City Attorney and the City. Nygard indicated there was a letter to the editor a few days ago written by him and it outlines how the City Attorney was not exactly truthful in an article entitled "Latest Orono Lawsuits Include Neighbors, City and Mayor" published on May 11, 2017, by the Lakeshore Weekly. In that article City Attorney Soren Mattick stated that a court recently upheld the City's ordinance on SWECS. Nygard stated the Minnesota Court of Appeals, who did the ruling, did no such thing, and that the actual wording in the opinion is, "Because Go Green did not assert a declaratory judgment claim, we, like the District Court, take no position on the reasonableness of the City's SWECS ordinance." Furthermore, given the negative statewide ramifications of the decision, a petition for review on the case has been submitted to the Minnesota Supreme Court. Nygard stated it is quite disturbing to him that the City Attorney would misrepresent the truth and attempt to sway public opinion against him and his family when his job is to be neutral and honest. Nygard stated he would hereby demand, and hopefully the residents of Orono would also demand, an official public retraction of Mr. Mattick's statement in the Lakeshore Weekly News. Nygard stated the truth is that the Minnesota Court of Appeals and the Minnesota District Court chose not to decide the wind turbine issue either way and actually invited them to file a declaratory judgment claim. Page 2 of 19