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HomeMy WebLinkAbout11-22-2021 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 22,2021 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 Matt Johnson, Richard Crosby III,and Victoria Seals; Council Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick,Finance Director Ron Olson,and Community Development Director Jeremy Barnhart. 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 NOVEMBER 8,2021 2. COUNCIL WORK SESSION MINUTES OF NOVEMBER 8,2021 3. CLAIMS/BILLS 4. APPROVAL OF ANNUAL LIQUOR LICENSE RENEWALS 5. APPROVAL OF FIREWORKS DISPLAY PERMIT—TREE LIGHTING EVENT AT ORONO PUBLIC GOLF COURSE 6. APPROVAL OF ANNUAL RECORDING SERVICE AGREEMENT—TIMESAVER OFF-SITE SECRETARIAL FOR MEETING MINUTES 7. APPROVAL OF RESOLUTION DESIGNATING POLLING PLACES FOR 2022 8. APPROVAL OF PROPOSED 2022 OFFICIAL MEETINGS CALENDAR 9. APPROVAL PROPOSED COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2022 10. POSITION REVIEWS AND RESCORING 11. APPROVAL TO ACCEPT DONATIONS FOR TREE LIGHTING EVENT 12. APPROVAL TO ACCEPT DONATIONS FOR BIG ISLAND 13. APPROVAL TO ACCEPT DONATION 14. BUILDING OFFICIAL APPOINTMENT 15. BUILDING INSPECTOR APPOINTMENT 16. PARK MAINTENANCE WORKER APPOINTMENT 17. LA21-000065—CITY OF ORONO TEXT AMENDMENT—SUMMARY ORDINANCE NO.263,THIRD SERIES AND ORDINANCE NO.264. THIRD SERIES 18. APPROVAL OF EXTENSION OF PROSECUTING ATTORNEY CONTRACT Page 1 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 22,2021 6:00 o'clock p.m. 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. Page 2 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 22,2021 6:00 o'clock p.m. Mayor Walsh went out firsthand and clarified the Applicant took down a rickety fence and put up a nice fence in the same place for all intents and purposes,and had some sprinkler heads on HCCRA property. He went onsite to get resolution on the matter. With HCCRA and the Applicant there,they came to the resolution that the sprinkler heads would be pulled back,the Applicant would reinstall the signs noting HCCRA property,and that the fence would be fine but needs'to be done through a permit process through HCCRA. Everyone agreed,but then HCCRA came back and changed their mind and will not approve the permit. Dale Olson, 3315 Crystal Bay Road,agreed everyone met on the property and everything went well. Later he received an email that did not acknowledge the meeting and reiterated the party line all along.He called the phone number on the letter many times and has not heard back. The City Council discussed the City's authority to enforce or control over the matter. Johnson moved,Crosby seconded,to issue of Certificate of Occupancy and Release the Escrow. VOTE: Ayes 4,Nays 0. FINANCE DIRECTOR REPORT Finance Director Olson noted they have the upcoming Truth in Taxation meeting for the public to comment on the budget, and a bond rating call on Monday. CITY ATTORNEY REPORT Attorney Mattick believes the next and only City Council meeting is on December 6 and he is double- booked. He is working on a resolution. MAYOR/COUNCIL REPORT Mayor Walsh wished everyone safe travels on Thanksgiving.He expressed thoughts and prayers to all the families in Waukesha,Wisconsin and the parade. ADJOURNMENT Seals moved,Crosby seconded,to adjourn the meeting at 6:38 p.m.VOTE: Ayes 4,Nays 0. AT EST: 400 OP do nna Carlson,City Clerk Dennis Walsh,Mayor Page 3 of 3