07-11-2022 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 11 Printup is okay with members of the public asking to speak, but he stated there will be no name-calling and asked people to keep it to about 30 seconds. Kendall Nygard asked the builder if the clear-cutting of the bluff that happened two years ago and the City of Mound was consulted on that: could that cause erosion and imminent failure? The builder does not know how to comment on that without seeing the site. Ms. Nygard stated wouldn’t trees and roots keep soil intact? That bluff was clear-cut two years ago and she asked what date the engineering report was published. The builder replied the report he is working with was about 2-3 weeks ago. Ms. Nygard noted it was not submitted as part of the public comments to show this was done nine months ago. If it is imminent failure and people are walking down to boats and using their docks, shouldn’t there be crime scene tape up and concern? Johnson noted the builder is not on trial here and Ms. Nygard can address the City Council. Mr. Nygard asked to give the actual wording of two City documents. He noted this gentlemen in a document said that last fall was when he inspected this, so it has been months and months. If it really was this imminent thing, one would think it would have been dealt with over the winter. Secondly, he drove by and there is no tape, nothing, and two different families are going up and down to use their boats. Another issue Mr. Nygard noted as Ms. Oakden said this will be a real test of the ordinance; Mr. Nygard asked what do you mean “test of an ordinance?” The ordinance is for failing slopes for temporary emergency repairs until a plan can be installed. That is not what this is, this is for a permanent repair without a public hearing. There is no emergency and there never was. This could have been dealt with over the winter, over the spring, and dealt with in time. This emergency game going on seems to Mr. Nygard to be an avoidance of having a public hearing that could affect the project. Mr. Nygard said to not misinterpret this Code section as it is for emergency, temporary repair until a permanent repair is in. There is no danger, they are using the damn stairs. Mr. Nygard said he is sorry but he does not believe the builder when he says a barge cannot get up there. Finally, one can always remove the retaining walls and restore the natural slope: there are more solutions here than making things worse, avoiding public hearings, and trying to hide the Mayor. Dennis Walsh, 1354 Rest Point Circle, answered Mr. Nygard’s question noting the family is concerned every time they walk down as it is the only way to get down to the lake. If one reads the attached letter, if the slope goes, the stairs go, and everything goes into the lake. Yes, Mr. Walsh worries every time he goes down but things are down there and yes they are taking the chance to go down there. All it takes is one rain as the wall is going out and has completely deteriorated. He noted the issue is that the temporary fix happens to be the permanent fix as there is not a temporary fix for the wall falling down. They cannot take the wall down because the slope will also go down. Mr. Walsh stated he is actually losing deck space because it is a walking deck down there. He noted it is a problem and it needs to get fixed right now before something happens. Johnson clarified they have an engineer’s report saying it is failing and he does not know what else one would have the Council do. This is the first time it has gone through and the reason is because it took a