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HomeMy WebLinkAbout11-09-2020 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 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,Aaron Printup and Victoria Seals. 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 26,2020 2. Council Work Session Minutes of October 26,2020 3. Special City Council Meeting Minutes of October 16,2020 4. Claims/Bills 5. Approve Tobacco License for C-Store Gas Station 6. Carman Bay LID Assessment Johnson noted it is$36,000 to treat the weeds, and the City is paying the Lake Minnetonka Conservation District,yet the residents have to find their own way and raise their own taxes $33,000. 7. Approval to Accept Donation for Big Island Park 8. Public Works Maintenance Worker Appointment 9. Shadywood Villas—Formal Acceptance Public Water and Sanitary Sewer—Resolution 10. Willow Bay Sanctuary—Formal Acceptance Public Water and Sanitary Sewer—Resolution 11. Authorization to Accept William Persell Resignation This item was removed from the Consent Agenda 12. LA20-000051—NIH Homes,Request for Alley Vacation—Resolution 13. LA20-000059—Hendel Homes o/b/o Casey Webber& Sydney Anderson, 1775 Fox Street, CUP—Resolution 14. LA20-000064—John Kraemer& Sons,320 Woodhill Road,Plumbing CUP,Guest House CUP—Resolution 15. LA20-000065—Gonyea Transformations, 140 Kintyre Lane,CUP,Resolution Page 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. 16. LA20-000066—Marty Sarenpa, 1101 North Arm Drive,Variance,Resolution 17. LA20-000067—Alethea Sadowski o/b/o Roger and Nancy McCabe, 1265 Shoreline Drive, Variance—Resolution Crosby asked to add Items No. 22 Authorize for Advertisement, RFP for Building Services,with changes discussed during the work session;No. 23 Health Insurance Approval;No. 24 Long Lake Fire SCBA Capital Purchase; and No.25 Closed Session to Discuss Union Negotiations for Local 12 and Local 49. Crosby moved,Seals seconded,to approve the Agenda and the Consent Agenda as amended. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS The Fire Chief noted the Fire Fighters really appreciate all the support that Orono Council gives them and thanked the Council. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT 18. BIG ISLAND PARK AMERICANS WITH DISABILITIES ACT(ADA) TRAIL PROJECT (19-033)—CHANGE ORDER Edwards noted construction is underway on Phase 1 of the project and putting in the ADA Accessible trails. Pre-construction hurdles have finally been passed which included a huge amount of archaeology work and some other permitting work. The other bit of good news is the latest bonding bill at the State level where $300,000 was allocated to improvements at the Big Island Park. Today Staff is looking for approval of a change order,partly because the bonding bill dollars will be available in the new year—they are proposing to bring back to the project the picnic shelter and things along with the shelter on the southern end of the park. He noted there is also a request from the consulting engineering firm for additional funding for the archaeology and construction management that was required to oversee the change order for the shelter. Walsh noted the total of$717,000 and the project costs$513,000;what is still missing out of the $513,000 and needs to be put back in is the second bathroom by the shelter up on the hill. He said the conversation was always which bathroom to put in first, and they chose to pick the one by the visitor center;the additional bathroom would be another$100,000 which brings the total to$613,000 and there will be some other soft costs. Walsh's recommendation after working on this and securing the additional $300,000 is to roll all the dollars and put the second bathroom in place as they will not go back in two years and redo this project,rather it will be a one-time hit. They have also talked about putting in a Veterans Memorial marker by the visitor center and he suggests using whatever extra dollars that are left at the end of the project to put towards the memorial. Printup said the state bond funding of$300,000 is the first time in a long time that the regional asset, which is Lake Minnetonka and the Big Island Park has state bond money and he applauds that and said it was a really good move that the Mayor did. However,historically Printup has not voted for money to go out to Big Island, so while he applauds it, he will not be supporting this because of problems in the past Page 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. and all of the money that has gone out there. He does think it is important to note that the bonding bill passed and is a huge deal,the first time in decades that any state money has gone out there for a regional asset...not just an Orono asset. Walsh said he thinks the state realized it was a regional asset. In the past when there were bathrooms out there,the public would go out, steam ships would go out, but they couldn't drop 30 people off for an hour to walk around without bathrooms. He said the schools would go out to learn about nature and the history of Big Island, but that had to stop,also,without bathroom facilities. Walsh noted this will bring all the trails to ADA compliance for the Veterans and any disabled people, as well as children and adults. He stated it is a very exciting project and has been in the press on Channel 5 with Kevin Dolan,who has committed to come out in the spring to do another view of the project and let the public know. Walsh said people may not realize how much history the island has, going back a couple hundred years. Donors also raised and committed personal funds of$70,000 for the project and there was a matching grant from the DNR. Many public agencies and private people helped make the project happen. Seals asked what the restrictions are on the$300,000 and are there timelines for the money to be spent. Edwards said they do not have the exact rules for the bonding funds yet; in the bonding bill,it fell under the Department of Employment and Economic Development. The department has contacted the City and is putting together a packet of the rules. The funding will be available starting in 2021 and is available specifically for the Big Island Park as was written in to the bonding bill. Details still need to be worked out regarding the funding and noted the money will come via reimbursement—the City will have had to spend the money and show proof with receipts. Seals said she is very supportive of Big Island,but has become slightly cautious in how they spend their money out there. She noted she would rather do a phased approach and see how it goes with one bathroom as they have had it blow up before,which is why she asked about the timelines. She does not think rushing things is a great plan. Edwards said typically bonding bills are a two-year, although they may have a third year. He clarified he is proposing the change order to still include only the original/first bathroom. In the change order, he is asking to put back in the shelter, picnic tables,although they could put a second vault toilet in as a change order(in addition to the current change order). He stated the Big Island Legacy group and the Parks Commission have some aspirations for things they would like to see at the island with the state funding, one of which is the second bathroom, and also an extension to the accessible trail to go north. He noted they have some donations for sitting stones and other things for the area that are being installed. They are also looking at some barrier work on the island with an eye to deterring snowmobile and winter vehicular traffic that goes up in to the park at times. Seals noted in speaking to some residents, it is a bear to manage this island and asked what the City has in place to manage it. As they add more things,there is more maintenance and she is more concerned with taking care of all of the extra things. Seals said she would rather table it and come up with a plan that is phased and she is not sold on the second bathroom or the shelter. She is sold on extending the ADA trail because if she thinks about the Veterans, she can buy into that all day long. She also likes the idea of signage that tells the history of the island. Seals said it is an island in the middle of the lake so it is already limited as to who can access it; it is already a privileged area. She thinks there is not a rush in making a decision on it from her perspective. She noted she is a no tonight on the proposal the way it sits. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. Johnson said the City already has the match for the DNR money,the$200,000 they received from the DNR. Edwards clarified the City did not realize the entire match. He noted one thing the DNR money does is to help get them to the match on the shelter;he stated a month ago the DNR was very upset with Orono that they were not building the shelter as part of the project,to the point that they were re-looking at the grant the DNR had provided, as they considered that a key portion of the project. He recommends getting the shelter back in to keep all the grant money available to the City. He said having a shelter of some kind for school groups and others is a positive thing, and there are people who go out and picnic so having those picnic tables for people to enjoy is a benefit. Edwards also noted two of the four picnic tables are accessible for wheelchairs and in line with the City's promise to the Veterans over the last few years. Seals asked if they add the shelter back in, does that make the DNR grant match whole. Edwards replied yes. Seals said that would be the only change outside of the Bolton Lake things on the line items they did not realize that they would technically need to do. She noted this project has incredible"creep,"even at the first bow the City had to pay more than they had intended, so it is not that the residents of Orono have not dipped deeper into their pockets and that is why she is a little cautious on this; $100,000 becomes $300,000, becomes $500,000, becomes $700,000 and there are 20-plus other parks. Edwards said the biggest cost"creep" in this project is that it is a listed site with the State Historic Preservation Office so there is lots of archaeology to be done, and also it is a remote island so the City can be held hostage by the ability to get to the island and get bulk items out to the project site by barge operators. These two things have been driving costs. Johnson agrees with Mayor Walsh,that they should do it and do it right. They have already committed to doing the project and he is favorable in moving ahead and getting it all done at one time. Crosby likes the idea of getting the second bathroom in, as the land area and doing both at once would make sense. As far as Edwards' point on the picnic tables, if they are entwined with the DNR grant,that is also an area they should move forward on. Richie Anderson,3205 Crystal Bay Road, said Seals made a good point. He is able to go out to the island because he has a boat; other people in Orono without boats cannot get out there. It is similar to the LID, the only people that pay for the LID are those that are affected by the LID. He loves Big Island and it is beautiful and is good enough as far as he is concerned, although it is not his decision. He said if all the boat owners in Orono, Wayzata, or anyone else who uses it,they can fund it just like the LID. Mayor Walsh appreciates those comments but thinks that is why they have $500,000 in bonding and grant money from the state so it is a public/private partnership. Johnson moved, Crosby seconded to approve Big Island Park Americans with Disabilities Act (ADA)Trail Project(19-033)—Change Order.VOTE: Ayes 3 (Crosby,Johnson,Walsh),Nays 2 (Printup and Seals). Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. 19. SMITH AVENUE TRAIL MARKING Edwards said the purpose of this action is to gain clarity on Council direction on the marking of the public access on the Smith Avenue right-of-way on the Luce Line. As part of the 2020 road construction project, Orono added a cul-de-sac at the end of Smith Avenue and added a gravel trail access from the end of Smith Avenue through the right-of-way and links to the Luce Line. Staff believes that access should be marked as it is public, and proposes marking with the standard 4x4 posts which are about 42 inches tall with an inset describing any restrictions and the fact that the access is public. Staff is not proposing any other kind of signage at the trail access as it is a residential community access point. As they were about to input the markers,a neighboring resident informed them there is an agreement with the City that the access would not be marked. At Staff level,there is no knowledge of that; contradicting that,there is direction from the City Council guiding Staff to mark the access. Staff is looking for guidance on whether they are marking the access or not. He told the abutting residents Staff is not proposing putting in a class 3 barricade,a big park sign, or any markers that would direct people outside of the community in to that location. He showed an example of the insets and noted it would be a simple, small sign denoting the access point. Walsh asked if it is possible to get a skinnier or possibly metal post that is not quite as obtrusive. He remembers the discussion about the trail and does not think it was the neighbors' intent to have it advertised; rather it was to identify the private property versus the trail. Edwards noted the main reason the City went with a 4x4 post is because is it more aesthetically pleasing. Walsh said the neighbor did not want anything put in,however the City has to because it is a public trail. Johnson clarified that this is a trail going through City property. Edwards replied yes,the trail is from the City right-of-way. Johnson said he is shocked that is has to come to the City Council and he would just do what is normally done and put the two posts in. Walsh said the Council gave the guidance so in order to do it the Council would have to change the guidance. He thinks the neighbor was surprised when the City came to put them in because he did not think there would be any signage and Walsh is not sure how that came to pass. Rief said it was part of the original motion which is why Staff had to bring it back to the Council. Crosby asked on similar trails which post they are using. Edwards answered a 4x4 post. Crosby thinks they should be consistent and use the same post. Johnson agreed. Johnson moved, Crosby seconded,to approve the 4x4 post signage at the Smith Avenue Trail Marking. VOTE: Ayes 5,Nays 0. Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. PLANNING DEPARTMENT REPORT 20. LA20-000022—RANDY HAAPALA,HNH HOMES O/B/O WILLIAM& KATHLEEN WANNER, 1095 FERNDALE RD WEST,VARIANCES AND CUPS Rick Storlien,representing HNH Homes,was present. Staff presented a summary packet of information, noting the property has a history where variances were granted,renewed and expired due to inactivity. The current owners plan to proceed with construction of their home and are currently requesting similar approvals as received in the past. Current plans reflect less hardcover in the 75 foot setback and structure in the average lakeshore setback than have received variances for in the past. Staff recommends approval of the plan with the exception of the variance to permit the lessened elevation bench around the home. Walsh asked what the Council had previously approved regarding this property. Curtis noted a number of house plans have been approved for this property and this is the first plan that has gone as far as developing flood plain mitigation for watershed permitting. The previous plans were a further encroachment in to the lakeshore setback with hardcover and the home. This plan is the most compliant of the plans they have seen. Walsh said it is an improvement and they just have not been this far from a flood plain management issue. Rick Storlien with RDS architects is at the meeting on behalf of Randy Haapala from HNH Homes. He noted a letter sent and it is his understanding the FEMA requires a 32.5,and that was the discrepancy in the document, for an escape route from the home at each exit point to get to safe ground. He said they do have that within the exit areas. He noted three minimal encroachments in to the 15 foot setback to the 31.5 elevation, and on the west it is an open porch rather than finished house;the north encroachment is a garage;the east side is a bump out on the master bedroom suite. Minimum floor elevation is even further above that benchmark currently, so under the house there is not any real encroachment as far as potential for flood waters. Walsh asked what would be the practical difficulty in complying with the whole bench. Mr. Storlien said they have been going back and forth with the Watershed District, and noted the storage capacity of the two storm water retention ponds are basically limited to area—they cannot go any deeper because of lake elevations—so typically the pond would be one foot deeper and they would be fine as they could make the pond a little smaller. They are trying to balance between those two issues and maintain drainage-ways on either side of the home which are the two encroachments to the left and right. He noted they could potentially meet the 15 feet,but will have to go back to the civil engineer and see if there is any way to make the ponds larger in surface area to accommodate the required elevation. He said it would most likely require grading on the lakeside of the home to achieve, and they are trying to avoid that. Walsh said the practical difficulty is if they cannot make the pond bigger,then there is nothing they can do to fix that piece of it. Mr. Storlien replied that is correct. Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. Walsh said,however,they do not know that. Mr. Storlien said they have had the discussion and it was their decision to submit it this way to see what shakes out. Walsh asked how relevant is it that the Applicant cannot make the pond bigger...is it the end of the world that the line must be where it is and asked the impact of that. Curtis replied the 15 foot buffer is a requirement for the flood plain regulations and the City has varied it in the past,particularly on Baldur Park where it is impossible to reach that bench when elevating the home. It has been a variance the City has granted in the past. This lot is just wider than those properties; it is a very low area and is impacted by the flood plain. Walsh said he could see that as a general practical difficulty. Johnson said it seems like the Applicant should know that about the pond before asking. Walsh does not know how they solve the problem to the left and right of the house. Mr. Storlien said potentially, if the ponds can get wider, they can get shorter. The issue they run into is grading from the elevation of the pond level up to the driveway becomes steeper which then causes problems for lawn maintenance. Walsh said the best thing to do may be to table this,go find the answer, and see what the palatability of doing that is. Curtis said it makes sense,and there is another jurisdiction involved with the modification to the plan and running it through their process again. She noted it is a Staff process, so it can be done quickly,but she thinks it is reasonable. Motion by Johnson,seconded by Seals,to table LA20-000022—Randy Haapala,HNH Homes o/b/o William & Kathleen Wanner, 1095 Ferndale Rd West,Variances and CUPs.VOTE: Ayes 5,Nays 0. 21. DISCUSSION RELATED TO A POTENTIAL TEXT AMENDMENT RELATED TO RESIDENTIAL DOCK USE AND CERTAIN EXCEPTIONS Barnhart said in the course of enforcing the dock regulations as they do by complaint, Staff has learned that in this particular instance, non-resident users lived in the neighborhood nearby and were using the dock for the subject property. These residents contacted the Mayor, who seemed to recall some history with an exception discussion. Staff looked in to the history and in 2011-2012,the City Council looked at the regulations as they applied to dock usage and ultimately they landed on current code/regulation. Does the Council want to entertain the change to the code and if so, is there anything particular they would like to see and then can come back and go through the process to make those changes. Walsh said the discussion is not unknown people coming and renting docks, as the City does not allow that;the issue now is a neighbor complaining about another neighbor, as someone across the street who is friends with someone on the water and has allowed them to put their boat there, or maybe more than one. The Council is dealing with neighbors complaining about neighbors trying to do neighborly things for Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. their friends across the street. He said is the relevant exception 1,000 feet or 100 feet and if so 100 feet from what. He stated he does not want to pit neighbors against other neighbors and call them in,whether it is tall grass or dead trees. The City has had the discussion before—if people want to be neighborly— noting the City is more worried about people coming in from the outside,and they do not want that. Walsh asked if any of the neighbors present would like to speak. Johnson asked Barnhart if it was a non-resident user. Barnhart answered they are not on the lake. Johnson clarified that it is a resident of Orono,but not on the lake. Kris Rudd, 601 Park Lane,was at the meeting with her mother-in-law Kathy Rudd, 607 Park Lane,who received the letter. The two people that keep their boats there are the Melanders at 550 Park Lane and the Gambonis at 630 Park Lane. She noted the people at 630 Park Lane have kept a boat at Kathy Rudd's home for 30-40 years, encompassing at least five previous owners. Since the Rudds have gotten older, they do not keep a boat on their dock anymore, which is how the Melanders,who live in the neighborhood, ended up putting a boat there. Printup clarified it is not rented. Ms. Rudd replied that is correct. Printup said it has been going on a long time, and all of a sudden,the spotlight was just put on this. Crosby asked if Ms. Rudd is renting it. Ms. Rudd replied that is correct,they do not receive any money for it. She said they are in a very tight- knit neighborhood and appreciates why things were changed as they do not want new people coming in, parking is always an issue and they all work together to work things out. To hear that a neighbor complained about this is very unnerving to the residents. Crosby noted Park Lane is a very small street. He noted the spirit of the rule was short-term rentals as people want to know who is in their neighborhood. Obviously, in this situation,they know their neighbors so that is solved. Ms. Rudd added it does not create a parking issue. Crosby agreed and said he would not be opposed to making an exception to the rule, as the spirit of the rule is that they want to be accountable to the people that are the neighbors. If this woman is allowing her neighbor to have that boat-slip there is accountability, so he would not be concerned. Walsh said basically they got a letter from the City Prosecutor saying they would be prosecuted. Ms. Rudd said everything that happened last year and the year before,they do not want it to come to litigation. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. Crosby noted it is just like short-term rentals;they do not want just anyone coming in to the neighborhood,they want accountability as they have to protect the neighbors that live there. He thinks they need to come up with something reasonable that can accommodate this. Walsh said he does not think they are here to make a decision about what that is today; rather it is more giving a direction of where the Council would like to see it go and then allow it to go through the process. Printup noted over the years there has been a lot of information on these subjects which may be painful to read through. Johnson noted he is not in support because it is such a slippery slope. He said it also puts a cap on the amount of activity for abutting property owners that occurs at the dock. Every time they introduce another party that has right and access,there is a certain amount of distraction that goes with it. He said it sounds like the neighbors get along,but there was a complaint. Unfortunately, in Orono,they do not go around enforcing the ordinances,they"make"neighbors tattle on neighbors,as that is how they are set up. He said he does not agree with that either. Somebody is not okay with this,and that neighbor had a right to say it is in violation of the code. He noted the Rudds seem like very nice and very respectful people, and he is not saying otherwise,however the City Council cannot base their decisions on that neighborhood. Rather,they must do it over the whole of the city. They cannot have the same expectations of respect that this neighborhood has across the whole city. He does not see a path where they can soften it up and still protect the property rights without all neighbors having to tattle on neighbors because of a code violation. Based on what he knows right now, he would not be in favor. He noted he thinks there is something in there that allowed neighbors to be there for 72 hours. Barnhart responded that was one of the exceptions considered in 2012. Ms. Rudd said it is not about bringing more boats to the area,but that the neighbors across the street have always kept a boat there and her in-laws have always kept a boat there. Now, her in-laws do not keep a boat there,but Melanders do. Johnson realizes for this specific situation it is a pattern. However,this affects all of Orono residents with a variety of different types of lakeshore, densities, and respect, so it needs to be a consideration. Walsh said Johnson is most likely referring to all the extra traffic at the dock for the neighboring property owners. Crosby said if the person is not using their dock-slip,and they allow a close neighbor to have a boat there, it does not affect that neighborhood. The dock owner is simply giving that right to a neighbor. He thinks the intention on the dock rental was to keep people away from outside. He thinks there should be a further discussion or they should table it to get more into the weeds on it. He is still okay with it. Walsh clarified he did not say he was or was not. Crosby noted his neighbor next door does not have a dock in the water. If they put a dock in and allowed a close-by neighbor to use their slip, it is like 6-of-1, half-dozen-of-the-other. The bottom line is if the neighbor wanted a dock and boat,they could. They are not adding an extra boat. He stated in that case, it would make sense because then everyone is infringing upon the neighbors next door. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. Printup said it is a slippery slope. All of a sudden the neighbor becomes a neighbor from 5 cities eastward and then it gets in to boat registration and proving it,then it gets in to the 72 hour rule. All of the material is out there and it sounds like Barnhart and Attorney Mattick will have the privilege of sifting through it. He noted he does not mean to make a joke or mockery of it,but rather it is seeing it a hundred times sideways. He is okay with other members reading the material and coming up with an informed opinion. He said it sounds reasonable in this situation,but then what happens across town when it is a wider street in a more dense neighborhood and all of a sudden there are more boats. Johnson stated there is also little capacity to enforce it. Printup said unfortunately,the spotlight was put on this situation and here they are because someone was upset and that is how neighborhood fights start. He said if they find out,please don't get into any kind of squabbles. Mr.Melander said the Rudds have the ability to have two boats,and that is all there is going to be. Either it will be their boats or someone else's boats so he does not see that it should affect the neighbors. Johnson said if those boats are registered in the property owners' name... Mr. Melander stated those are their two boats, and if the Rudds have the right to have two boats, it is not like they are creating more boat traffic. In 2012,the Council invented the wheel,outlined it with 1,000 feet and it was voted down. He said they are looking for the Council to take the 2012 proposal and voting yes or no. Jackie Gamboni lives across the street from Kathy and Dick Rudd and they walk to and from their boat because their house does not own the lakeshore that adjoins their property to the lake. To Matt's point and the concerns about disturbances, disruptions, and people being unruly, she thinks that is up to the property owners' discretion. She noted both families park their boats there,walk to and from the boats, and are not out late at night partying or doing anything crazy. Rather, it is just using their boats during the afternoon hours and they are very respectful. Johnson noted that is his point,these are people who are doing things as well as they can,yet somebody does not like it so a complaint came in. He said imagine what happens when they spread it across the whole city and that is what he thinks they must keep in mind. Ms. Gamboni asked if the complaint could have come in with concern that the Rudds were renting the dock slip without knowledge of the circumstances. Johnson said he does not have an opinion on that, but the sky is the limit—someone could have not liked how they looked...he just does not know. Ms. Gamboni noted they got a new boat and perhaps the neighbor who complained did not know who it was and raised a flag. Crosby said in talking about code enforcement, sometimes these are codes the Council cannot cut teeth into or do not proactively go out and look for violations, as no one would ever rest. He thinks this is something the Council should look at deeper. It is understandable from a neighbor's perspective and knowing who is there for the safety of the neighbors. Regarding the short-term rental deal, it was Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. affecting direct neighbors,noting people were allowed to rent out their homes for two weeks but then there would be a bachelor party and there were clowns hitting on somebody's daughter. He said the spirit of the rule was not to have a negative effect on neighbors. If Ms.Rudd is not using her boat slip and wants to allow the neighbor to use it for nothing, it is not adding boats. This does not infringe upon that neighborhood. Walsh agrees,but said to everyone else's point, it is a slippery slope and there are enough loopholes. He knows of one woman who rented to someone that does not live nearby and wrote a lease saying that the person rents here and they shared title on the boat so they could dock. He noted they found a way to do it, it was just more hoops to jump through. He said he wants those neighbors to be able to enjoy the lake as they live in Orono across the street, and it is sad enough that someone had to complain anonymously. Crosby asked how long the neighbors have had their boat at the Rudd's dock. Mr.Melander replied he has had his there for seven years. Ms. Gamboni said their boat has been there for four years. Ms. Rudd pointed out the five owners before them, as well. Crosby clarified there has been no compensation. Ms. Rudd replied no. Walsh thanked them for coming in and said he appreciates it. Richie Anderson,3205 Crystal Bay Road,made some clarifications and said the 1,000 feet was never adopted;the 72 hours was adopted. Barnhart clarified it was not adopted; rather it was recommended by the Planning Commission but was not adopted. Mr. Anderson noted the easiest way to get around it is to put the boats in the property owners' name. There is a liability issue that is taken away, and the person that is anonymous and complained,obviously complained for a reason. He noted they are not hearing that side of the story. He asked what the claim was. Walsh replied it was that the Rudd's were renting out to...he could not recall exactly. Mr. Anderson said if his neighbor put a 30-foot piece of crap Wellcraft from a guy behind,he would be upset. He noted he thinks the Council would have an issue if that was the case. Johnson noted there are disrespectful people that come in. Mr.Anderson said it is simple,just like the lady that beat the City in court by putting the boat that she was renting into... Walsh noted she did not beat the City in court;rather, she complied with the regulations. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. Mr.Anderson said how can these people even comply with the regulations as they do not even have to entertain the gymnastics that was done in 2012. Walsh replied it is because they are considerate Councilmembers. Mr. Anderson said there are five marinas in this town and the reason he complained last time is because the issue came up about being able to rent dock slips. He said he did not have a pot to piss in in 2012 so he was vehemently against that. He noted this will not affect him one way, shape, or another, except that he does not want a neighbor renting to someone 1,000 feet away who could be a short-term rental guy, and they do not know who he is,but perhaps they have a pedophile coming down on the street. Walsh noted they spoke about that in the past and that is the reason... Mr. Anderson said a short-term rental 1,000 feet from a rental... Walsh replied they were not contemplating 1,000 feet,they were contemplating any feet. Mr.Anderson noted it says 1,000 feet. Walsh noted that is just showing what was back in 2012. Mr. Anderson said he would see them at the Planning Commission. Walsh stated he does not think there is anything going to the Planning Commission right now. Barnhart asked if there is any recommendation to make any changes. Walsh replied they had a good conversation about the issues and there are ways of complying, but they need to get in touch with Barnhart to find out what those ways are,to keep from being in any legal jeopardy moving forward. Printup said perhaps they can send out the minutes from tonight's meeting so the Councilmembers can see what is being talked about. 22. AUTHORIZE FOR ADVERTISEMENT,RFP FOR BUILDING SERVICES MAYOR/COUNCIL REPORT Seals said her note to Staff is that Council has asked Staff to look at health insurance since she has started here(4 years). She asks that next time Council gives a recommendation,rather than waiting 4 years because the City and Staff took increases every year that probably did not need to happen. She is happy. Johnson noted this is the same carrier. Seals replied yes, and she remembers the conversations that the Council was so afraid...she feels like they get pushed back on so many of these things where they ask Staff just to"look"at it,and yet again,this is one that proved going out to the free market and not being set in their ways actually benefitted the City and benefitted all of"you guys." She noted Staff only hurt themselves if she is being quite honest;had Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. they looked at if 4 years ago,they could have been saving money back then because it looks like a pretty decent deal for them. Printup said it is probably annoying,but they constantly bird-dog these things because they see a bigger picture that needs exploring. He believes there are probably more examples, and thanked Seals for bringing it up and said he seconds that. Seals is not trying to be a jerk to rub it in,but she feels like when the end result actually benefits everybody,they need to be honest and ask why they didn't look into it sooner;especially when it was recommended out of the gates. Crosby noted"nobody wants your I-told-you-so." Seals replied she will accept the I-told-you-so when it benefits her. If it will save money, she thanks them. Printup noted on consent agenda the Long Lake Fire CBA Equipment and he thinks that is really good. He thanked Seals and the Council for pushing that and they received it. Johnson noted Veterans Day is coming up the following Wednesday and said Happy Veterans Day to all the Vets. Crosby said congratulations to Victoria Seals and Dennis Walsh for their re-elections. Seals and Walsh congratulated Crosby for his re-election. Crosby stated his thoughts are to the Veterans and how much they are appreciated. He said if there is anything they can do,buy them lunch, say thank you, or something of recognition. He asked to bring up discussion for the next work session and then bring to a Council meeting,making Orono a sanctuary City for the second amendment. If there is some way they can articulate properly that legal firearm owners will always have the right to bear arms in the City of Orono, or something of that nature, is a discussion he wants to start moving forward. He does not want to watch their rights being taken away as time goes on. Mayor Walsh said absolutely. Crosby said those are big concerns: freedom of speech, liberty,there has been a lot of censorship out there and it is getting a little scary. Mayor Walsh said to follow up on that point,they just had an election and there is a lot going on and he is glad everyone got out to vote. He wants to let everyone know that they do have a Constitution and a republic that has been very thought-through, and the constitution may not be under more stress than it is right now going forward; however,the Constitution is there for a reason and there will probably be many things that need to play out. The Supreme Court may get involved,the legislatures of many states may get involved,defining who electors are and who they can go to,but it will be a great case study in watching how the Constitution works. He said people may think of it as a lot of chaos but there is a great document in the Declaration of Independence and people will watch it work its magic one way or the other; no one should be afraid of counting the votes because whoever wins, if there is transparency,will Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. have won. Then we can all live with that,but no one should be afraid of counting the votes. He stated no one should declare early until all the votes are counted,and let the process work,because it will work. It may just look ugly but there is a process for a reason,because this is not a banana republic—and we will not let ourselves become a banana republic. Crosby stated no matter what happens in this election,whether people agree with the outcome or disagree, everyone can hopefully agree to be peaceful and respectful to each other and come together as one nation of people. Everyone must understand that both candidates that ran for office. He said"most of us do not know them and they do not know us," so to divide each other over a Presidential election is not a good idea. He asked everyone to be kind to each other and agrees with Walsh,the Declaration of Independence and Constitution must be followed; we must have free elections,transparent elections,and we will let this play out. Walsh noted it will take weeks and remembered back to Georg Bush and Al Gore, it took 36 days. Crosby would not be surprised if it takes a couple of months. Walsh said they will let it play out,watch it and learn from it. This will be a case study of how the Constitution works and how it works well. If there are strands of hair that put chinks in the armor,the Country will figure out what that is,also. Printup said it is a beautiful document. CITY ADMINISTRATOR REPORT Rief noted there was an incident in the upgrade process today and the glass was shattered. He noted the cardboard is not the upgrade;they were doing an upgrade to the locks and perhaps there was a slip which nicked the glass and it spider-webbed. Rief noted they will be closed on Wednesday,November 11,2020 for Veterans Day and reminded everyone that on Friday at 9:00 a.m.they have a Council Meeting for canvassing of the ballots. He noted they only need three Councilmembers to make a quorum and they can do it via Zoom. 23. Health Insurance Approval 24. Long Lake Fire SCBA Capital Purchase 25. Cares Act Allocation CITY ATTORNEY REPORT CLOSED SESSION Motion by Walsh,seconded by Crosby to adjourn the meeting at 7:24 p.m. and go into a Closed Session to Discuss Union Negotiations for Local 12 and Local 49. VOTE: Ayes 5,Nays 0. Page 14 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9,2020 6:00 o'clock p.m. ATTEST: / 1110�� Anna Carlson, City Clerk Dennis Walsh,Mayor Page 15 of 15