12-06-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 22, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 3 Crosby moved, Johnson seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS There were no public comments. PRESENTATION 19. PROSECUTING ATTORNEY UPDATE Prosecuting Attorney Steven Tallen updated the City Council noting they are just about at the end of the five-year agreement. He has talked with Administrator Edwards and the Police Chief; Mr. Tallen’s understanding is that they will see if the City can get a Joint Powers Agreement (JPA) so the Police Department has one prosecuting attorney instead of three. Mr. Edwards suggested an 18 month agreement which would run through September 2023 and by that time the JPA will be worked out and they can further discuss. Mr. Tallen explained his office prosecutes all petty misdemeanors such as speeding tickets or stop sign tickets. Misdemeanors are crimes and punishable by up to 90 days in jail and/or a $1,000 fine; examples include domestic assaults and DWI’s. Second offenses are gross misdemeanors and are punishable by 3 years in jail and/or a $3,000 fine. He noted they also prosecute zoning and inspections violations for the City. Mr. Tallen clarified he has never felt that the prosecution program should be a revenue center, noting they do take in money from fines and bail, and some late penalties. He stated it isn’t important to him nor does he think it should be important to the City that they make money. However, they do and said in the last 12 months (October to October) the total revenue brought into the City was $68,200 of which his office was paid $34560. Mr. Tallen noted they work very hard to settle cases but sometimes they must go to trial. Mayor Walsh agreed it is not about money but about compliance. He asked Mr. Tallen if Orono is the same as was expected or if anything is different than expectations. Mr. Tallen replied there are more of the zoning and inspection cases than he expected and they are more time-consuming. COMMUNITY DEVELOPMENT REPORT 20. RPS19-000161 – DALE & JONMARI OLSEN, 3315 CRYSTAL BAY ROAD – CERTIFICATE OF OCCUPANCY AND ESCROW RELEASE Staff presented a summary packet of information. Community Development Director Barnhart stated the Applicant is asking for the City to release the escrow and the certificate of occupancy. This property received a variance and a permit in 2018 and 2019; one condition of the variance was to get approvals from Hennepin County Regional Rail Authority (HCRRA) the property owner to the south. There is a fence that appeared to encroach into the HCRRA property and the City wanted them to agree to any changes happening in that area. HCRRA and the Applicant have not been able to agree on improvements in that right-of-way. Therefore the Applicant is asking the City to waive the condition. Barnhart stated the building is done and there is no reason other than this issue to not release the escrow or issue a certificate of occupancy.