HomeMy WebLinkAbout10-26-2020 Council Minutes MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 26,2020
6:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, City Council Members Richard Crosby,III,Matt Johnson, and Victoria Seals. Council
Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick, Public Works
Director/City Engineer Adam Edwards,Community Development Director Jeremy Barnhart, and City
Administrator Dustin Rief.
Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
CONSENT AGENDA
1. City Council Meeting Minutes of October 12,2020
2. Council Work Session Minutes of October 12,2020
3. Claims/Bills
4. Gregg Palmer Retirement—Resolution
Crosby asked to remove this item from the Consent Agenda so the City Council can discuss the
item.
5. Pipe Televising System Purchase
Crosby moved,Johnson seconded,to approve the Consent Agenda as revised.VOTE: Ayes
4,Nays 0.
PUBLIC COMMENTS
There were no public comments.
UPDATE FROM HENNEPIN COUNTY
Jan Callison stated it has been a busy year at Hennepin County and gave a summary update on COVID-
19, what is being seen in Minneapolis with the unrest,and the 2021 budget. She reported on the number
of COVID-19 cases in Hennepin County and specifically Orono, and went over statistics regarding
demographics by race and age,and hospitalizations versus recovery at home. Ms. Callison reported on
CARES Act Funding and distributing approximately$40,000,000 to small businesses in Hennepin
County grants of which Orono businesses received$60,000. They have provided hotels for high-risk
homeless individuals,housing assistance, mortgage assistance, and given funding to Hennepin County
Medical Center. Ms. Callison noted a challenge in the unrest in Minneapolis and showed some pictures
onscreen of the damage done to Hennepin County property in May, including the East Lake Library, a
service center and a pharmacy. She noted they are continuing to protect properties by using fences and
boarding up first floor windows. She commended the Sheriff's department for the work they have done.
Regarding the 2021 budget,they have approved a max levy with 0%property tax increase; challenges
with the budget include not knowing how long the pandemic will last,how they will make sure the
homeless cost is brought to a more reasonable level, if there will be federal and state assistance, and
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 26,2020
6:00 o'clock p.m.
whether the County will be expected to pay part of the cost of distribution of a COVID-19 vaccine. Ms.
Callison moved on to the upcoming election and gave an update on preparedness and ballot deadlines.
She thanked the Councilmembers for their support over the years and noted this will be her last
presentation to them and shared her best wishes.
Mayor Walsh thanked Ms. Callison for all the support given regarding County roads and he hopes the
person that replaces her is as good to Orono and takes care of them the way she has. He appreciates all
her years of service.
6. SWEARING IN OF OFFICERS AND SERGEANTS
Mayor Walsh led Matthew Siltala in the Oath of Office of Police Sergeant of the City of Orono:
"I do solemnly swear under oath that I will support the Constitution of the United States of
America, and of the State of Minnesota, and faithfully discharge the duties of the Office of Police
Sergeant in the City of Orono, of the County of Hennepin,to the best of my judgment and ability
so help me God."
Mayor Walsh led Larry Cable, Trey Wiebusch and Collin Palm in the Oath of Office of Police Officer of
the City of Orono:
"I do solemnly swear under oath that I will support the Constitution of the United States of
America, and of the State of Minnesota, and faithfully discharge the duties of the Office of Police
Officer in the City of Orono, of the County of Hennepin,to the best of my judgment and ability
so help me God."
Mayor Walsh thanked the members of the Police Department for all they do and noted the Blue Line Flag
that will fly in Orono 365 days a year.
Crosby thanked the families of the Police Department for being there for them during these difficult times
as what the families have to go through is sometimes even harder than what the officers have to go
through. He asked everyone to keep them in their prayers.
GREGG PALMER RETIREMENT—RESOLUTION(formerly Consent Agenda Item No.4)
Seals noted she is the daughter of a public works person and she is honored to read a letter of thank you
and acknowledgement. She read the Resolution of Appreciation to Gregg Palmer for his 30 years of
dedicated service.
Crosby moved,Johnson seconded,to adopt a Resolution of Appreciation to Employee Gregg
Palmer for His Forty Years of Dedicated Service.VOTE: Ayes 4,Nays 0.
PUBLIC HEARING
7. CERTIFICATION OF DELINQUENT UTILITIES
Mayor Walsh opened the public hearing at 6:18 p.m.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 26,2020
6:00 o'clock p.m.
There were no public comments.
Mayor Walsh closed the public hearing at 6:18 p.m.
Walsh moved,Johnson seconded,to adopt the attached Resolution providing for the certification of
delinquent 2020 water and sewer utility charges, recycling program fees,on-site sewage treatment
program,storm water charges to Hennepin County for collection of the 2021 Property Taxes.
VOTE: Ayes 4,Nays 0.
PLANNING DEPARTMENT REPORT
8. LA19-000048—TIMOTHY WHITTEN O/B/O IRWIN JACOBS 2018 REV TRUST, 1700
SHORELINE DRIVE PRELIMINARY PLAT
Mayor Walsh noted the Applicant has requested to table the measure,and asked if anyone would like to
come up and discuss.
Meredith Kuhlman, 1760 Shoreline Drive, lives west of the proposed development. She noted her father
purchased the estate years ago, and it was made into three lots and the Kuhlmans decided to move to
Orono because of the great schools and sprawling location. Ms. Kuhlman and her husband watched the
last Council meeting and noted Mr. Whitten said he had talked to the neighbors about the development
and that many are on board. She said they had not been approached or talked about the development at
all and that the original average lakeshore setback(ALS)proposed affected the Kuhlman's sightline to the
lake. Ms. Kuhlman said they object to 5-7 houses being built, even though they will be beautiful,because
if they had wanted to invest in a house in a neighborhood,they would have moved to Edina. She noted
they tried to be very respectful of neighbors when they built their home and set it back into a hill. The
fact that this development will be so densely populated is concerning and increasing traffic on Shoreline
Drive adds to that. Ms. Kuhlman understands development of some sort will potentially be at the site, but
noted the density of the current proposal as well as the fact that the communication hasn't been forthright
and neighborly.
Carolyn Nelson, 1780 Shoreline Drive, lives next to the Kuhlmans; she noted three proposed houses are
so close to the wetlands and she thinks it would be unfortunate if they were built there as there is not
much of a setback. Ms.Nelson also noted they have trouble on the driveway and the developer better
make sure the roads are wide enough to accommodate two delivery trucks passing one another. She
believes they are crowding more houses into the space than they ought to.
Bob Nelson, 1780 Shoreline Drive,said he doesn't see why a variance should be granted as the
developers know what the rules are and there doesn't seem to be a reason for the Council to grant a
variance.
Barbara Burwell, 1100 Millston Road, is the property owner of 1125 and 1075 Shoreline Drive. She
stated she appreciates the Councilmembers service to the community. Today she feels sad as they have
already talked about the density and proposal but there have been some changes that have upset her. She
is not for this subdivision with 7 lots and she understands there is a new proposal which she knows
nothing about. She was offered the opportunity to walk the property with the staking of three houses and
said it was very helpful but she did not see anything regarding the road, or Lots 4-7. On October 16, 2020
she was notified that the stakes were in place for the road and lots and went to the property on October 21,
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 26,2020
6:00 o'clock p.m.
2020 and met with surveyor Mark Gronburg, realtor Mike Stedman, and developer Tim Whitten. They
walked the property and at that point nothing was said regarding changes to the proposal. She noted they
now have two proposals,one of which is completely different,with only one business day notice. She
noted she objects to the first proposal with 7 lots and she is also not in favor of 6 lots. She believes it is in
Minnesota State Statute that there must be 10 days' notice to bring a proposal. She has retained legal
counsel and will ask Attorney Aaron Dean to share what they have been working on. The second
proposal was 26 pages and it was not an incidental decision to put it forward the previous Friday night.
She feels this is a bait-and-switch as it is a high-density 7 lot development reminding her of a square
trying to be put into a circle and she does not understand it as the road goes right into her property and is a
very big concern. Ms. Burwell stated this is affecting her property in a big way; at a previous meeting,
she noted Mr. Whitten stated the neighbors 'love the proposal and they have had lots of meetings.' Ms.
Burwell said there has been one meeting on March 12, 2020. She was never asked for her consent and
never stated she is for this and has never wanted a development there for reasons such as density, safety,
the road,the forest,the beauty, and preservation. Ms. Burwell noted this development is a big step for
Orono and she knows the City does not take it lightly. She asked that the City Council deny the
application for the subdivision, start over and actually speak with the neighbors to disclose their true
intentions.
Aaron Dean from Moss and Barnett Law Firm stated he spoke with City Attorney Mattick earlier today
and was not surprised by what the Applicant has done;the Applicant owns that they are putting
themselves in harm's way by not providing notice to the neighbors. Just minutes before the meeting,the
Applicant asked for a do-over and to table all discussion on the matter;they don't want a vote because
they know they are in trouble. Wherever one lives,they deserve to have peace and the Jacobs Family
Trust and their consultants have turned that truth upside down. He said they want the Burwells,
Kuhlmans,Nelsons and others to live with uncertainty. Mr. Dean said the time is now to vote on the 7
Lot subdivision and the 6 Lot subdivision and provide finality on those two subdivisions. He noted the
neighbors hate it and Ms. Burwell should not have to hire an attorney. He gave a power-point
presentation outlining the objections along with video clips of the August 17,2020 and September 14,
2020 meetings. After audio difficulties, Mr. Dean asked the Council to go back after the presentation to
consider comments by the Applicants and in a closed session go back and listen to those very audio clips
so they have the benefit of a fresh recollection. Regarding one video clip,Mr. Dean noted Mr. Whitten
talking about how the neighbors love the proposal; yet the Applicant only scheduled one meeting in mid-
March with a little over one-week notice that no one was able to attend and they called it good because no
one attended and voiced any objection. He said it is a shameful act by the Applicant to stand before the
Council and say the neighbors are fine with it,when tonight three neighbors spoke and said they never
agreed to it. He hopes this colors the view of everything the Applicant says going forward. Mr. Dean
noted the Burwell property on screen and said somehow,they have lost sight that the Burwell residence is
located on that singular lot. Staff and the developer have said they can draw a new ALS line down to
1125 Millston Road where the caretakers' house is...but that is not the purpose of the ALS line;rather the
ALS line is to protect the actual resident and there has been no consideration to Mrs. Burwell about her
actual home. Mr. Dean said the biggest problem with the application is that they are trying to have too
much density and they would have been far better off with 2-4 lots depending on configuration.
However,this is not the neighbor's problem,nor is it the Council's job to come up with a plan that meets
City ordinance or state law; it is the Applicants job. Mr. Dean noted Mr. Barnhart said previously that the
ALS line was arbitrarily created or"manufactured" in order to have some buildable areas on Lots 1,2 and
3. The standard for the ALS ordinance is not to arbitrarily set or manufacture a line. This 7 Lot
development would require this City Council to ignore the problems with Lots 1,2, 3 and 6 and possibly
Lot 5. Mr. Dean said they would have to overlook 4 lots that would require variances and that is not fair.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 26,2020
6:00 o'clock p.m.
He asked the Council to keep in mind the proposed ALS (Line B)on the north side is also a manufactured
line...now there are two manufactured ALS lines to try and fit a 7 Lot development on a parcel that is not
big enough. Mr. Dean noted the Applicant met with Ms. Burwell one day after they submitted the new
proposal and did not disclose their intentions; now they want the Council to allow them to sanitize their
actions,pull it back and have no vote. He showed an aerial photo on screen and said the top ALS line
stops on the Burwell property at an unoccupied accessory garage building. He gave the City Attorney the
ordinances regarding principal versus accessory structure and also spoke about the road plans. He said
there is a requirement for 10-days' notice under MN Statute 462.358 subdivision 3B; it was not published
in the newspaper or provided to any neighbors. Mr. Dean showed an aerial on screen with a blue line
which noted the definition of the ALS which would extend to Ms. Burwell's home. He hopes the Council
takes time to listen to the developer and the video clips and come back tonight with a vote.
Pat Steinhoff, a lawyer from the law firm Malkerson, Gunn, Martin,representing the Applicant, noted he
thought they would be talking about the request to table and did not realize they would discuss the
application itself He said if the Council is not going to table,he asks that they allow Mr. Whitten and the
Applicant to make their presentation on the application.
Mayor Walsh said because the Applicant has requested to table; from the Council's perspective they will
table it. However,because others were present at the meeting, he wanted to give them the opportunity to
speak. He noted City Attorney Mattick would also address some of the legal arguments.
Mr. Steinhoff said the reason the Applicant decided to table is because the application has been in front of
the City since March with multiple Planning Commission and City Council meetings. One hour before
arriving tonight,they received a 10-page letter from Mr. Dean and it is impossible to thoughtfully respond
to everything in the letter,which it what they want to do. Therefore,they immediately contacted City
Staff to ask that the application be tabled so they can respond in a thoughtful manner to all the things Ms.
Burwell and Mr.Dean have said. He said the reason there are two alternative plans is in previous
meetings there were many objections to the ALS, so the intent of the alternative concept plan was to
respond to those objections by presenting a plan that put all the lots behind the ALS.
Attorney Mattick said he also received Mr. Dean's letter earlier that afternoon and has a chance to read it,
but would like the opportunity to provide the Council with his thoughts on the arguments that Mr. Dean
raises. In fairness, before the Council votes on the merits of the application,Attorney Mattick would like
to address those comments. Mattick understands that the Applicant would also like the opportunity to
submit their thoughts on the items raised. If Mr. Steinhoff can give a date that his memo will be prepared,
the City can then take all of the information,respond to it and allow the Council to make a meaningful
decision. Mr. Mattick also noted there was discussion about lack of notice and neighbors having to scour
the internet for information and he said that is an incredibly fair request and it might make sense to table
the discussion to a date-certain so people know when that meeting would happen. The Applicant has
provided the City a 60-day extension.
Walsh motioned,Crosby seconded,to table LA19-000048 1700 Shoreline Drive until December 7,
2020. VOTE: Ayes 4,Nays 0.
MAYOR/COUNCIL REPORT
Johnson had nothing to report.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 26,2020
6:00 o'clock p.m.
Crosby thanked the Citizens that showed up last week to show support for the Police Department, Fire
Fighters and Public Works.
Seals had nothing to report.
Walsh said everyone should remember that the following morning October 27,2020 through the
following Monday November 2,2020 at 5:00 p.m.,people can come in, complete their ballot and scan it
in the Council Chambers. On Tuesday November 3, people will need to go to their official polling place.
He noted Anoka-Hennepin school district has gone to online learning and has cancelled all sports as of
November 2, 2020 which is a bad omen and very sad. He is hopeful that Orono districts stay safe and
numbers stay low. Walsh noted Hennepin County is at 0%property tax increase but they cut a ton of
stuff and will have some issues going forward.
CITY ADMINISTRATOR REPORT
9. NAME MAGGIE UNG ACTING FINANCE DIRECTOR
Rief noted the Finance Director is out on medical leave and will not be back to a full-time capacity until
after the first of the year. Rief recommended appointing Maggie Ung as Acting Finance Director, which
is in alignment with the Local 12 agreement.
Crosby moved,Johnson seconded,to name Maggie Ung as Acting Finance Director effective
October 22,2020. VOTE: Ayes 4,Nays 0.
10. CONSULTING BUILDING SERVICES REQUEST FOR PROPOSAL(RFP)
Rief noted this is in response to the recent realignment of the services provided by the City's building
official. Currently the building inspection services is provided by West Metro and was not part of
Resolution 6586 which puts it on a 5-year rotation and the agreement has been in place since 2014.
Because the City already has a relationship with them and needs to continue services,there was a special
meeting last week continuing it. This RFP is for proposed long-term services in that capacity.
Johnson would like to add himself to the committee and help with the search. He noted in reading the
RFP, it is included that this position will also being doing inspections and code enforcement inspections,
and they have already been outsourcing some code enforcement inspections. He asked if the current
vendor is included or broken out separately.
Barnhart said West Metro bills Orono for all of the monthly inspections and he breaks out how many
hours of those inspections are related to code enforcement.
Johnson would like to go back 12 months and identify how much has already been outsourced for code
enforcement as this position doesn't distinguish between what they have already outsourced and what is
new. As demand goes up or down,the City should only be paying for what they are using, and they don't
want to eliminate vendors as there could be a two-tier approach.
Rief asked if Johnson was suggesting an alternate component, such as doing all inspection-type services
and then the code enforcement is an alternate.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 26,2020
6:00 o'clock p.m.
Johnson replied yes,that is what he was thinking. He asked if they need to vote on the RFP or if they can
table it.
Walsh thinks they can approve RFP services subject to a final draft that they can work with Barnhart on.
Barnhart clarified he will not be advertising anything until the Council approves the final draft.
Seals asked if there was a reason this wasn't included in the RFP schedule.
Walsh said he thinks it slipped under the cracks.
Rief noted this was also before he and Barnhart worked for the City. His recommendation is that
whenever they appoint that service provider,they will adopt a new resolution to extend that timeline as
they are almost halfway through it.
Walsh moved, Seals seconded,to accept Request for Proposal for services subject to a final draft
that will come to the City Council at the next meeting. VOTE: Ayes 4,Nays 0.
CITY ATTORNEY REPORT
Attorney Mattick had nothing to report.
ADJOURNMENT
Walsh moved,Crosby seconded,to adjourn the meeting at 7:24 p.m.VOTE: Ayes 4,Nays 0.
CLOSED SESSION
Walsh moved,Crosby seconded to enter into closed session at 7:24 p.m. as permitted by§13D.05,
Subd.3(a),to evaluate the performance of the City Administrator,Dustin Rief. VOTE: Ayes 4,
Nays 0.
Walsh moved,Johnson seconded to open the meeting at 8:20 p.m. VOTE: Ayes 4, Nays 0.
ADJUOURNMENT
Walsh moved,Johnson seconded to adjourn the meeting at 8:20 p.m. VOTE: Ayes 4,Nays 0.
)/
ATTESTS
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Anna arlson,City Clerk ifDennis Walsh, Mayor
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